The Sun.
London, England, 1857-04-17 00:00:00

KENRICK V. ROEDER.

Mr. Eit;in James, Q.C., moved for a rule calling
upon the defendant to show cause why the verdict which
had been given when the case was first tried should not
be set aside and a new trial granted. It was an action
for a criminal information in which the plaintiff alleged
that defendant had debauched and had had criminal con-
versation with his wife, to which a plea of not guilty bad
been entered. On the hearing of the case, the whole
question turned upon, whether or not the plaintiff was
bound to prove his marriage, which had not been previ-
ously traversed. The jury returned a verdict for the
plaintiff for 201., but as the decision was not considered
satisfactory by the plaintiff, the present application was
made.

Rule granted.
Sittings at Nisi Prius.—(Before Mr. Justice Coleridge.)

GLANNILLE V. KEYMER.

This was an action brought by the plaintiff, a coffee-
house keeper, in White Lion-street, Islington, against
the defendant, the landlord of the Norfolk Arms
public-house, at which a loan society was held. It ap-
peared that the plaintiff being in want of some
money, applied to the loan-office, and after
some negotiation, a loan of sixty pounds was
granted to him, he giving a bill of sale to the society as
security. The plaintiff engaged to repay the loan by
instalments of 101. every three months. On granting
the loan the plaintiff said it was clearly understood that
be should have eighteen months to repay the money,
and it was on that understanding that he signed the bill
of sale. The first 10/. became due in October, but on
the money not being forthcoming his goods were seized
and sold by public auction. The whole case turned upon
the construction of the deed under which the goods were
taken.

A verdict was given for the plaintiff, damages 601.

COURT OF COMMON PLEAS.
(Before Lord Chief Justice Cockburn.)

BELLLIOUSE V. THE CORPORATION OF MANCHESTER.

The arguments of Sir F. Kelly, on the part of the
plaintiff, occupied the court the whole of the morning.
It was an action against the Corporation of Manches•
ter by the plaintiff, a wool merchant, who, in cons&
quence of the construction of a certain bridge, had had
his premises inundated with water, whereby a great
quantity of property had been spoiled.

EXCHEQUER COURT.
(Before the Lord Chief Baroo.)
DALTON V. BACHELOR.

Mr. Whateley reeved for a new trial in this case, which
was an action for the recovery of compensation for in-
juries the plaintiff hal received in consequence, as he
allege'', of the negligence of the servants of the defen-
dant, the ewner of a timber-yard. It appeared that a
man named James, a carman was hired to convey
some timber from a certain dock, and as the plaintiff was
crossing the road, the cart was moved and he received
an injury on the leg.

It was contended that James, not being a servant of
Batchelor, but merely a person who had a contract to
perform a certain duty, that Batchelor was not liable for

his acts.

The learned gentleman had not concluded hie argu-
ments when our report left.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
THE ROYAL BRITISH BANK.-DIVIDEND MEETING.

To-day was appointed for the anxiously expected divi.
dend meeting, and a great number of persons who bad
not provel on the previous occasions were generally
admitted without opposition.
Mr. Roxburgh appeared on behalf of a gentleman
named Ramsay, who had proved for 7001. on a deposit
account, and 691. 24. on a current drawing account.
The assignees, however, bad for some reason refused to
pay the first dividend, and he now applied to his
Honour for an order directing them to do so.
Mr. Linklater, for the assignees, said that they had
not had any notice of the intention to apply.
Mr. Roxburgh said the assignees were fully aware of
the facts, and, having allowed the debt to be proved, the
assignees were bound to pay the dividend.
Mr. Linklater said that the ground of refusal WM that
Mr. Ramsay was the holder of 10 new shares, and a call
had been made by the directors of 501. per share, for
which he was liable; if there was more than that due to
him be could prove for the difference.
Mr. Roxburgh said that it bad not been decided that
he was liable, but all be (Mr. Roxburgh) asked now was
that a note should be taken and put on the proceeding,
so that an appeal might be had, and that was certain ,
which ever way the decision was, in order to set the
question at rest.

The case was adjDurned.
Mr. Roxburgh then applied on behalf of a Mr.
Fronde, to prove for 2701. on the drawer's account, and
5001. paid for shares, which, he contended, he bad been
induced to take through false representations.
His Honour intimated that, assuming there had been
fraud, be could not decide the question finally, and it
wnuld be better to adjourn till a future day and take the
evidence, so that either party might appeal.
The case was proceeding and proo:s taken. The list
will not be made up to-day, but there is little doubt but
that the dividend will be 2s. 6d. in the pound.

CITY SHERIFF COURT.
(Before Mr. Prendergast, Q.C.)
PALMER V. PULLIN. - EJECTMENT.

This was an ac:,ion in ejectment. The plaintiff is a
builder in Great St. Bartholomew Close, and the de-
fendant was the tenant of a house in Markwell-street,
belonging to the plaintiff.
Mr. Buchanan, Basinghall-street, appeared for the
plaintiff to prove the tenancy, but an objection was taken
that oral testimony could not be received, as there was
a written agreement existing. Mr. Buchanan said he
would put in a written paper, but did not tender it as
evidence, but the defendant might make it so if he
thought proper.

Defendant's attorney objected that it was not stamped.
His Honour read the do'ument, and said that it was
clearly an agreement requiring a stamp.
Mr. Buchanan contended on the authority of a case p.
184 %Voodfall, that no new tenancy had been created,
and relied upon the original verbal contract, and put in
the receipts.

His Honour said that he considered that it was a new
contract, and that the agreement must be read.
Mr. Osgood, the chief clerk, said that as the officer
of the Court he was bound to take an objection to re
ceiviog the document, unless the amount of the duty
and a penalty of 101. was paid into Court.
His Honour regretted that the law was so stringent
in such a case, for persons might easily put something
into writing which might prove to be an agreement re-
quiring a stamp.

Mr. Buchanan at first paid that he would pay the
penalty, but ultimately elected to be no nsuited.

MILITARY TRIAL.—A soldier, named Scipion, of the
95th regiment, was on Wednesday tried by the Military
Tribunal on the capital charge of striking superiors.
On the 12th January last, he returned to his bar-
racks drunk, and as was his custom when intoxicated
he began abusing and striking his comrades. One of
them went to complain to the sergeant, and before
he returned Scipion struck another, named Vincent,
who expressed his annoyance at being so treated ;
Scipion struck him a second time, on which Vin-
cent became much irritated, and declared that if he
struck him again he hold repent it ; the man, how-
ever, did strike again, and Vincent seizing a form felled
him to the ground with it by a violent blow on the head.
Scipion, with blood streaming from his wounds, went as
soon as he could to the sergeant to complain, but found
that Vincent had preceded him in doing so. After hear.
ing both parties, the sergeant declared that Scipion was
originally in the wrong, and accordingly ordered him,
after getting his wounds dressed, to go to the salle de
police ; but instead of obeying, the man struck a corpo.
ral who advanced to take him to the infirmary, and he
afterwards struck the sergeant. Ho was immediately
seiza6 and locked up. Before the court, the prisoner, who
presented himself with his head shaved, and with large
scars on his scull, declared that he was completely be-
wildered by the blows which he had received, and was
not aware that he had struck the corporal and sergeant.
The tribunal condemned him to death.

LIVERPOOL FREE LIBRARY AND
MUSEUM.

LIVERPOOL, APRIL 16.
The banquet given by the town to Mr. Brown, as
some mark of its appreciation of the munificence dis-
played by that gentleman by his princely gift, was held
at St. George's-hall. Upwards of 800 persons were pre-
sent, the principal table being occupied by Lord Stanley,
General Sir Harry Smith, Lord Talbot, Sir J. Paking-
ton, Mr. M. Milnes, Mr. N. Hawthorne,.the Bishop of
Chester, Sir J. P. K. Shuttlew.orth, Major-General the
Hon. Sir Edward Cost, Mr. J. C. E wart, Mr. J.
Cheetham, Mr. T. B. Hor4all, :&c. Mr. James Hohne
again officiated for the Mayor, Mr. Shand, who was
prevented by illness from being present.
Grace having been said by the Rev. Mr. CAMPBELL,
the Rector of Liverpool,
The CHAIRMAN read the following letter which had
been received from the Earl of Derby :
" Lord Derby presents his compliments to the Mayor of
Liverpool, and regrets that his absence from home for the re-
mainder of this week will prevent his having the pleasure of
attending the ceremony of laying the first stone of the new
Museum, on Wednesday, and the dinner afterwards at the
St. George's•hall He regrets this the more, as imiepen-
dm-10y of the personal interest which he cannot but feel in
the occasion, he would have had much pleasure in paying, by
his attendance, a well-merited tribute of respect to Mr.
Brown for his liberal munificence and public spirit ; and he
will be greatly obliged to the Mayor if he will have 'he good-
ness to offer to that gentleman this expression of his feeling,.
" Knowsley, April 13."
The DEPUTY-MAYOR gave "The Queen," wishing her
Majesty a speedy recovery. (Cheers.)
Air : " God save the Queen."
" Prince Albert, Albert Prince of Wales, and the rest
of the Royal Family," was also received with enthu-
siasm.
" The Health of the Bishop and Clergy of the Dio-
cese" was given from the chair.
The Lord Bialicip of CHESTER, in responding, spoke
thus of Mr. Brown and his gift :—I beg him to be-
lieve that there is not any person present hero who agrees
more cordially than myself in all the public testi-
monies of honour and respect paid bim by all classes
of Liverpool this day, on an occasion which, let me
say, interests all classes—l say, it interests all classes.
A public library had became a public want ; and I am
glad to hear it, for it is the necessary, the happy re•
stilt of the progress of education among the people. I
know very well that the education of our people falls
short of the point which we wish it should reach ; and
many men, prominent in station, have turned their minds
to devise some practical plans to extend the benefits of
education, and no one indeed more than our distinguished
visitor with whose company we are now honoured—S;r
John Pakington—(cheers)—one who, if he has shared the
fate of many philanthropists—if hp has not been abla to
gain universal assent for his own particular plan,bas cer-
tair ly gained unit ersal respect and honour for the enlight-
ened philanthropy which has prompted his energies and
his efforts. (Hear, bear.) But let the defects of education
be what they may, I may say that even in my own me-
mory education has made great advances in this country
—great advances in almost all classes—but I am going
to mention only one—l speak of the class of superior ar-
tisans, mechanics, and working men. (Hear, bear.) The
persons who compose that class are most of them well
instructed in the elementary parts of learning, and are
naturel'y eager to increase their stock of knowledge.
There has been latterly an intellectual appetite and taste
created in them which seeks for intellectual food. A new
class has been added to the reading public of this coun-
try. But the classes of which lam speaking—the per-
sons composing those classes are not in a condition to
afford libraries in their own houses. God be thanked,
every one of them can have at home one book worth all
the books in the world beside ; he can have the Bible at
home to•call his own to bless and sanctify his household
and all that it contains. But for other books, if he is to
have access to them, he must depend upon public libra-
ries for the supply—libraries where men of his class can
go and borrow works for the payment of a small sum,
or without any payment. Now, our worthy friend has
come forward at this moment to supply what I have de-
signated as a public want—a free library for Liverpool.
(Cheers.) Things have been tending to this point. All
things were in a prosperous turn for the last step, which
we have now reached, for a large collection of books had
been already formed, and was ready for the public use
through the enlightened liberality of the corporation of
Liverpool. The experiment has been tried for more than
a year—more than two years—and has been found emi-
nently successful. Multitudes have flocked to profit by
the opportunities thus afforded for their intellectual im-
provement, and I rejoice from my heart in that success.
But one thing was still wanting--a building fit to receive
that collection of books, with such additions to it as will
from time to time be necessary, in order to keep pace
with the progress of literature and knowledge. That
want has been supplied also, and I rejoice that my friend
has been the man to come forward to do himself and
Liverpool the honour of erecting the Free Library and
Museum for Liverpool. It will contain a store of use-
ful, instructive, and entertaining books in every depart-
ment of our literature. No doubt care will be taken to
exclude .all immoral, all improper books ; care will be
taken to do that. I grieve to say that I have seen it
stated in the public prints that vast numbers of such im-
moral works are continually issuing from the press. I
grieve, I say, if this be so. But if it be there is one
comfort, that the foul and loathsome publications shun
the light of day—that they hide themselves away with
the consciousne,s of guilt and shame upon them. The
Free Library supplies an antidote to these—a. store of
wholesome, healthful general literature, such as will fos-
ter good principles and generous sentiments and manly
spirit, such as, under God's blessing, will not only en-
large the understanding, but improve and puiify and
elevate the heaTt. I rejoice that we are on the way to
see the af.coniplishrnent of this great work. I rejoice at
the step that has been taken to-day, and I rejoice also to
understand that the building, when completed, will re-
ceive that magnificent collection of objects of natural his-
tory which was presented to the town by the Earl of
Derby. (Cheers.)

The CHAIRMAN next gave "The Army and Navy,"
coupling with the toast the names of Lieut,Gereral Sir
Harry Smith and Lord Talbot. (Cheers.)
The toast Was drunk with enthusiasm, the band play-
ing " The British Grenadiers" and " Rule, Britannia."
Sir HARRY SMITH rose amid great cheering. He said
Mr. Mayor, my lords, and gentlemen, the honour you
have conferred upon me in associating my name and
deeds with the British army is one for which I gratefully
thank you. This is not the first occasion upon'which I
have been indebted to the borough of Liverpool. When
in command in India, and when I was fortunately suc-
cessful by the gallantry of the soldiers under me, I re-
ceived a most complimentary and congratulatory address
upon my victory. I have, it is true, been almost all over
the world ; and proud am I to say that I never heard
the name of the British merchant mentioned but as a
man of integrity, honour, and enterprise. (Applause.)
Happy am I to be here now among you to record that
feeling which I individually possess, and which I have
so universally heard expressed. (Applause.) And now,
gentlemen, we will revert to the army. It is now under
the energetic command of his Royal Highness the Duke
of Cambridge ; it is progressing favourably in every
way ; and, as this is an occasion upon which education
is the principal subject, I will mention that upon a re-
cent inspection of the 25th Regiment there were 340 of
that regiment voluntarily attending the school, and pro-
gressing in the higher branches. of architecture and in
practical knowledge. (Applause.) Since the days of
old, when our army was ever successful and considered
highly honourable, the archers of those days were thought
the best soldiers in the world, so now may I say are our
infantry considered. We are advancing rapidly in the
improvement of the arm called the Minie rifle, and the
distant fire is more exact than I can well describe ; but
I trust that the old system of gaining victories by the
bayonet, which, in other words, is a rush of gallant men
upon a given pOint, keeping before them their enemies,
will not be lost sight of, and that English soldiers will
still learn to grapple with their enemies. (Loud ap-
plause.) Our gallant army, as you well know, has
recently returned from a most severe and arduous
campaign, having added additional laurels to their
Standard and to the glory of their country. A consi-
derable portion of that army is now about to embark,
or has embarked, for foreign service, to carry on a dis-
tant and costly war—a war which, I trust, will soon
and speedily be terminated ; for, however unfortunately
it may have commenced, it is one which must be sup-
ported. (Applause.) If England does not support her
Majesty's representatives and her officers in authority
thus distantly situated, I say England's glory must dimi-
nish ; and had the person I allude to referred 10,000
miles off foe instructions, I say there is not a man in
England, on such an occasion, who would not have con-
demned him. (Applause.) British soldiers are ever
ready to fight, nor do they split straws or dwell upon
legal technicalities. (Laughter, and "Hear 1") England
is insulted ; her honour is tarnished, and redress must
be achieved. They go to work humanely but manfully,
and never more so than upon an occasion when the flag
of her Majesty the Queen is insulted and the national
honour of England defiled. (Applause.) It has been
my misfortune, I may say, to have been placed in a simi-
lar position to the person I allude to. And when we
see the enemy, whose duty it is to preserve peace, treat-
ing with contempt the person who has been entrusted
by his country to suppress rebellion or to destroy the
foe, then I say that we feel that he who is placed in a
distant and responsible situation demands and will re-
ceive, Ido believe, the support of his country. (The
gallant general resumed his seat amid enthusiastic
cheering) _

Earl TALBOT replied in a spirited speech on behalf of
the navy.
After "The health of the Lord-Lieutenant of the
county,"
The CHAIRMAN proposed the toast of the evening,—
"the health of William Brown." He said—My lords and
gentlemen, I now approach with some diffidence the toast
of the evening, because I feel my inability to do full
justice to it ; but I therefore ask you, gentlemen, to do
an act of justice to yourselves, as well as to the distin-
guished gentleman on my right hand, who is well worthy
of your warmest regards. For nearly 50 years as a Liver-
pool merchant his name has been among us a household
term, and he is yet spared to crown a long and active
life by a princely act, which is an example to others,
and will perpetuate his name to future ages. (Applause.)
I claim Mr. Brown as one who sprung from the
middle classes of life—as one who was early cast upon
the ocean of business, and most manfully, most success-
fully, and most honourably has ho played his part. (Ap-
plause) He is a proof of what may be effected with
individual enterprise, with individual honesty, and indi-
vidual integrity, in a country which was blessed with
free institutions, where every man is permitted to reap
the fruit of his own industry, and to employ the fruit of
that industry for the purpose of blessing his fellow-men
—(cheers)—and extending the benefits of education, and
in promoting those numerous institutions which, blessed
be God, under the Christian principles of England, are
scattered like bright gems over the face of our land