The Sun.
London, England, 1868-01-23 00:00:00

AFTER Cove

After Drury-lane
After Haymarket
After Adeiplii Th,
After Olympic Th 4
Alter Strand Thef
After New Royalt
' At ter St. James's '
After Prince of W
London Singing and SI-
Eniertainment at Eight

N°. 23,593.

MAISON DOR,EE,
THE NOW FASHIONABLE RESTAURANT

ON and After the Opening of the Queen's Theatre,
Long-Acre, EVANS' to SUP.
After Queen's Theatre EVANS' to SUP.
After Queen's Theatre EVANS' to SUP.
After Queen's Theatre EVANS' to SUP.
After Queen's Theatre EVANS' to SUP.
After Queen's Theatre EVANS' to SUP.
LONDON SINGING AND SUPPER CLUB.
AT EVANS' COVENT GARDEN VOCAL ENTERTAINMENT
At L•'ight o'Clu(±.

AND
LUNCHEON BAR, GLASSHOUSE-STREET

(One door from Regent-street),
CUISINE FRANCAISE, &c.

High-class Wines at wholesale prices. Spirits and Beers,
&c. Private room for Parties. HAMPERS PREPARED AND
SENT OFF TO ORDER. Terms, CASH.
On and after MONDAY, Dec. 9, SUPPERS from Nine
P.m. to One a.m.

OI{N GOSNELL and CO.'S CHERRY
cy TOOTH PASTE is greatly superior to any tooth powder;
gives the teeth a pearl whiteness, protects the enamel from do-
ci,v, and imparts a pleasant fragrance to the breath. Price ls.
Gd.—Red Bull Wharf, 93, Upper Thames-street, London.

Manager, CHARLES CASTLE

KIN ARAN'S LL. W HISKY. DUBLIN
EXHIBITION. 1885.
This celebrated OLD IRISH WHISKY gained the Dublin
Prize, Medal.
• It is Pure. Mild, Mellow, Delicious, and very Wholesome.
Sold in Bottles, 3s. 81, at the Retail Houses in London; by
the Agents in the principal towns in En7land; or wholesale at
• 8, GREAT WINDMILL-STREET, LONDON, W.
Observe the Red Seal, Pink Label, and Cork Branded " Kina-
hatl's LL Whisky."

DUNVALE'S V.R. OLD IRISH WHISKY,
BELFAST,
Is regularly supplied to the House of Lords.
" V.R." IRISH 'WHISKY.

DUNVILLE and CO.'S " IT.R." OLD IRISH
WHISKY, BELFAST.
London Offices and Stores,
4, BEAUFORT-BUILDINGS, STRAND, W.O
Established 1808. Quotations on application.

MUTUAL LOAN FUND ASSOCIATION
(Incorporated by Act of Parliament. 1859),
14. RUSSELL-STREET, COVENT-GARDEN, LONDON,
eDVANCES MONEY upon personal security, Bills of Sale, Free-
hold or Leasehold Property, for one, two, or three years, repay-
able weekly, monthly, or quarterly. Bills promptly discounted.
Fors free on receipt of stamped envelope.
EDWARD HARPER, Secretary.

H E O X F OR D,
6, OXFORD-STREET, W.
Billing the Week will be given a GRAND SELEC-
TION from Offenbach's Comic Operetta, ORPHEE AUX
....ENTERS, LA TROVATURE, and the New Cantata
MERRY CHRISTMAS.
Principal Artistes: Misses Russell, Rivers, and Fitz-
-118'1,7 ; Messrs. Bury, Mader, R. Greene, and De Brenner.
Pull Band and Chorus: Instrumentalists: Miss Bryant ;
Messrs. Paque, Melling, and Plimpton.
~,OOMEDY, &c., by the LEVITES, Miss and Mr. FOS-
'Ells FRED. FRENDEI, Mr. IL RICKARDS, and
ALFRED PERRIER.
3lr. E. W. HACKNEY will make his appearance again
this evening.

Conductor—Mr. F. Jonghmans.
Private boxes, 10s. 6d. ; stalls, balcony, and grand pro
menage, Is.—THIS EVENING.

CANTE R BURY H ALL. -NEw MANAGEMENT.
—Great Success under the management
.W.
of HOLLAND,
.?•15 Lessee, late Proprietor of Weston's Music Hall. Great
ix,,terations and Improvements.—An entire new Company.—
rst
aPpearance of Oliver's Christy Minstrel troupe. Great
4._ success of Mr. Fred. Evans (of the Royal Alhambra and Crys-
tal Palace), Miss Randall, E. Towers, Vincent, Simpson, Garrett,
d
and corps de ballet. Ballet, entitled BIT)IBLE. STUMBLE, and
AlfreulaßLE, with new scene and effects. Original
Sellers, Annie b
Lee. The Great Vance, Nat Ogden, Pat
Adams, Master Goodman, Brothers Girarde, Leroni, Miss Fitz-
,),"enrY• A magnificent band, numbering 23 performers, assisted
'3' the drums and bugles of the 2d Battalion Scots Fusilier
Guards. Musical Director, Mr. Alfred Lee, composer of " Cham-
pagne-Charlie." Mr. James Ellis, assistant manager. Prices of
Admission—Balcony and Area, 6d. Stalls, Is. Doors open at
7, commence at half-past.
Special Notice.—George Leybourne, the oricrinal Champagne
Charlie, is exclusively engaged for this establishment only, and
Will shortly appear.

WEST 0 N'S GRAND MUSIC HALL,
Proprietor, Mr. J. S. Sweasey.
thlr. SWE tSEY begs to inform the public, in consequence of
e flattering patronage he has received, he has engaged the fol-
towing talented Company:—The Great VANCE f GEORGE LEY-
rist OinoTE, the Lion Comique• JEAN BOND, the unrivalled Equili-
p; the Brothers DANIELS twho are allowed by the Press to be
a_ Pproacha.ble by any other artistes in their performances);
oIouNEY BARNES; Miss ALICE DUNNING, the most fascinating Serio
v joie Singer and Dancer at the present time; Mrs. PHILLIPS,
Pleasing serio-comic; Miss ANNE TREMAINE, the English
ad Singer, is re-engaged after a most successful provincial
tear.
tneOrchestra, which will perform the popular Overtures of
Great Masters.

The whole under the direction of Mr. P. OOItRI.
I,rhe doors will open at 7, commence at 7.30. No alteration
a',`..nie prices of admission. Private boxes, 10s. 6d., to be secured
Aitchell's Royal Library, Old Bond-street; and Sams' Library,
w'cloaerr.es's; also at the Boa-office at the Hall from 10 until four

INIADAME USSAUD'S EXHIBITION,
BAKE& STREET.
Atb.Life-size PORTRAIT MODEL of THEODORE, KING of
SST-NIA, is now added; also all the Kings and Queens of
or e'"ncl American Celebrities, do.
A PORTRAIT MODEL
DO
BAKER, is now added to the Chamber of
rl.4)rs• Open from 11 till dusk, and from 7to 10. Admittance,
• children under 10, 6d, Extra rooms, 6:.1.

ARGYLL ROOMS, WINDMILL-STREET,
Piccadilly
Sole Proprietor, Mt R. R. BIdNELL.
hPlpi 18
Magnificent Terpsichorean and Musical Establishment,
bq ]Niiig. been Re-decorated in the highest style of Italian art
for col°hCorrnett,,
Rubardt and other eminent as lists, is NOW OPEN
solo AUTUM Graves. Solo Eupfionion. Signor Mosca.
Cornet, M. Condnctoz, Signor Curti.

Doors open at half-past 8.
Admission, is.; Resevien Seats, 2s.

Ita
IiTANFIELD'S PATENT PICKLES are per-
fectly pure and uncoloured. To be all dealers,
of Vvuolesale of JOHN BURGESS and SON, 107,Strand (corner
'4°O3F-Ideps), London.

LAMBERTS ASTHMATIC BALSAM. -AN
attp,,,„ EFFECTUAL REMEDY, without confining the bowels or
be -I"ng the head, truly efficacious and pleasant, is admitted to
co_.4-Le best medicine for immediately relieving coughs, colds,
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nering• In approaching consumption its effects are truly be-
ef elm. Persons deprived of sleep, or even lying down for fear
in„Br °cation, may depend on relief in a few minutes after tak-
81i'.'• Prepared only and sold by W. LAMBERT, Chemist,
g6ting, William-street, Charing-cross, London, and by all drug-
cl bottles, 131 d., and three quantities in one, 2s. 9d. each.
tairrticular, and ask for Lamberts Asthmatic Balsam The
Mme and address are engraved on the stamp.

SI'ANISIT FLY is the acting ingredient in
Proa,A„ LEX. ROSS'S CANTHARIDES OIL, which speedily
Gd' Whiskers and thickens hair, Price 3s. Gd.. ss. 6,1., and
248, es
Sent by post for 54, 84, and 144 stamps,—ALEX. ROSS,
Holborn, London, and all Chemists.
"Tale of a Hair." 6d.

VONDERFUL DISCOVERY.--Corns cured
DteDttr olab day by using ALEX. ROSS'S CHIROPO. This
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lii,g, r •

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T~~`..ef.

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iniinclfu-,,_EX. ROSS'S HAIR ,roduces a perfect colour
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'*l ~ rrice Os. 6d., ss. 61, and 10s. thl; sent by post for 54, 84,
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Bloom of Roses, 3s. a

AIR DESTROYER.-- 248, High Holborn,
440118 J'Ticlon.—ALEX. ROSS'S DEPILATORY removes super,
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ttaii;l°ll.-- k'rice 3s.
of all 6d , 5s
Che mists
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liad

Skin Tonic, ss. acl.

pimpLE REMOVER. All diseases of the
l'Attl,6kirt,.are improved by one dose of ALEX. ROSS'S VEGR-
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148, OM 78. 6d.; or post for 40 and 100 stamps.—ALßY BOBS,
liolborn, London, and all Chemists.

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;upper Club, EVANS', Covent-gardui. Voca: _
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amßilawrro.ayn
J.
Knoßm.pna:rnuyaacin.andm:BQoa.nerfo.ons:
COURT OF EXCHEQUER.—YEsimitit
and
CRANNELL.)
The case of Brooks v. the Manchester, Sheffield, and
instructed
illrininCTlNgteidn
the
above court. It was an appeal from the County Court of
Lincolnshire.
Messrs. 'toilet and Son, of Hull, appeared for the
plaintiff, who is a farmer at Healing, in Lincolnshire • and
Mr. Russell for the defendants, the appellants. 'The
action was brought to recover damages for injuries to a
horse of the plaintiff whilst being carried on the defendants'
railway. The facts were as follows :
On the 23rd April, 1866, the plaintiff brought to the
station of, the defendants at Holton, and there delivered
to the company, two horses for carriage from that place to
Lincoln. The p ieter of the defendants asked the plaintiff
to tie the horses in the horse-box, but this the plaintiff stated
he declined to do, and that he also prevented his groom from
intelfering, saying the company must take all the respon-
sibility, as the horses were in their charge and at their •
risk. This was corroborated by the plaintiff's groom (who
was not at the time of the trial in the plaintiff's service) ;
but the porter at the station who tied up the horses
denied the plaintiff's statement, and stated that
the plaintiff's groom held the horses' heads. Horses
carded by the defendants' railway are fastened to
the inside of the horse-box by means of headstalls.
Evidence was given on behalf of the plaintiff to shew
that the mode of securing horses in horse-boxes adopted by
the defendants was not safe, or the best and most usual;
but the contrary was asserted by a horse-superintendent
in the employ of the defendants. The horses were
led by the company's servant into a horse-box
by themselves, and the headstalls placed upon them
by the same servant, and the ropes attached to the
headstalls were then tied by the company's servant to the
horse-box. A halter belonging to the plaintiff was also on
each of the horses, but these were tied by the company's
servant at greater length, and so as-to be out of the way.
The following conditions were on the horse-ticket taken
by the plaintiff :—" This ticket is issued subject to the
owner's undertaking to bear all the risks of injury by
conveyance and other contingencies, and the owner is
required to see to the efficiency of the carriage before he
allows his horses or live stock to be placed therein. The
charge being for the use of the railway carriages and loco-
motive power only, the company will not be responsible
for any alleged defect in their carriages or trucks unless
complaint be made at the time of booking or before the
same leave the station, nor for any damages however
caused to horses, cattle, or live stock of any description
travelling upon their railways or in their vehicles."
Soon after the train leaving Market Rasen, a station
above five miles from Holton, one of the horses became
restive, and began plunging. The plaintiff's groom and
his companion heard the noise, and on opening the window
in the partition which the plaintiff's groom had closed when
the train left Market Rasen, they saw that one of the
straps of the headstall belonging to the company which
had been placed on the head of one of the horses had
broken, and that the horse itself had fallen and got one of
its fore legs over the partition dividing it from the other
horse. They gave an alarm immediately on the arrival of
the train at Wickenly, when the horse was removed from
the box and was found to have been considerably injured.
On examining the horse-box one of the straps of the com-
pany's headstalls was found broken, as had been alleged
by the plaintiff's groom and his companion on giving the
alarm ; and it was also found that the horse had been con-
siderably injured by the fall, and by getting one of its
fore legs over the partition separating it from the other
horse. On the headstall being examined it was found to
have been apparently recently repaired, and one strap was
split or ripped from one of the buckle holes to the outer edge
of the strap, and witnesses were called on the part of the
plaintiff who stated that they had examined the headstall,
and that the leather where it had given way was rotten.
Two servants of the company were also called on the part _
of the defendants, who stated that the leather was to all
appearance sound. The broken headstall was produced
on the part of the plaintiff in court at the original trial,
and examined by the jury, by whom the leather where it
had given way was pronounced defective. On this evidence
it was submitted to the learned judge by Mr. A. K. Rollet,
who appeared on the part of the plaintiff at the original
trial-1. That the condition in the ticket was unreason.
able, and therefore void. 2. That even if the con-
dition were reasonable, it merely professed to protect the
company " for any alleged defect in their carriages or
trucks," and that the damage being caused by the brea.k•
age of a headstall which was not part of, but tied to, the
horse-box at the time the horse was placed in it, the cause
of the damage was not within the protective terms of the
condition. 3. That the condition being unreasonable and
void, and the company being common carriers at
common law, it was unnecessary to prove negligence
on their part, the accident not being inevitable. 4. That
if it were necessary to prove negligence, the breaking of
the headstall was prirn4 facie, though not conclusive, evi-
dence of it, and that the headstall having been produced
and shewn to be rotten, and the mode of securing the
horses having been shown to be improper, there was suffi-
cient evidence of negligence to go to a jury; and that if the
condition professed to protect the company against the con-
sequences of their own negligence, it was unreasonable and
void. It was submitted on the part of the defendants, by
Mr. Evans, of Ashton under-Lyne-1. That they were pro-
tected from all liability to the plaintiff by the condition in
the ticket requiring the owner to see to the efficiency of
the carriage before allowing his horses to be placed therein,
and that such condition was just and reasonable ; and 2.
That even if this were not the case, there was no evidence
to go to the jury of any negligence on th e pat t of the defen-
dants. The judge intimated an opinion that the terms of
the condition might be separated, and that while the clause
protecting the company against any alleged defect in
their carriages or trucks, unless complaint were made at
the time of booking, or before the same left the station,
might be reasonable and good, yet the succeeding clause,
declaring the company irresponsible for any dam ages,
however caused, to horses, cattle, or live stock travelling
upon their railway or in their carriages, might be unrea-
sonable and void. The learned judge did not, however,
expressly decide the condition to be reasonable or unrea-
sonable. Assuming the first clause to be reasonable, his
Honour said it would be for the jury to say whether the
evidence satisfied them that there had been negligence in
fact on the part of the company. His Honour also left it
to the jury to consider whether the broken headpiece was
part of the carriage or truck, and whether, therefore, the
damage complained of was within the protection afforded •
by the first clause of the condition. The jury found expressly
that the company had been guily of negligence in fact, and
returned a verdict against the appellants,with £42 damages.
The defendants appealed from this verdict, and con-
tended that, having reference to the terms of the contract
on which plaintiff's horses were carried, they were not
liable for the injury sustained by the horse ; and that there
as to render them liable as common carriers.
was not any evidence of negligence by the defendants, so

Mr. Russell having stated the case, cited some cases in
support of the above points ; but the court unanimously
dismissed the appeal, and ordered the verdict to stand as
in the court below, the railway company to pay the costs
f both trials.

ROYAL AGRICULTURAL SOCIETY. —A letter front
the secretary of the Royal Agricultural Society of England
has been read at the meeting of the Liverpool Town Coun-
cil, announcing that the country meeting of the society
for 1869 would be held at some place in the district for

that year, comprising the counties of Cumberland, Lanca-
shire, Westmoreland, and the West Riding of Yorkshire.
It was decided to refer the matter to a special committee,
with power to invite the slciety to hold the meeting at or
in the neighbourhood of Liverpool, and to make other
arrangements
their loyaltywh which
ANTI-FENIAN MEETING.—A large and entlrusi-
astic meeting of the Roman Catholics of the Brynmawr
district, for the purpose of condemning Fenianism and ex-
pressing
the Government, has been held at the Catholic Church.
The following resolutions were adopted :—" I. That while
we, Catholics, cannot be indifferent to the grievances of
which our co-religionists in Ireland so justly complain, and
to the disabilities under which we in common with them
h mightto
the b
Queene
deemed
and necessary.
their allegiance
to
o
labour, we, at the same time believing that those griev-
i.uces and disabilities can be best remedied by the employ-
ment of constitutional means, do hereby declare our loyal
allegiance to the Queen and Constitution of these realms,
and our reprobation of any insane attempt to subvert the
GoVernment by force. 2. That we, being Roman Catholics,
and the greater part Irishmen, residing at Brynmawr, take
this opportunity of publicly disclaiming all connection with
political secret societies in general, and Fenianism in
particular.... As such are contrary to the teachings of
our holy religion, and as such societies are likely to pro-
mote ill-feeling between various classes, we beg to stat 3
that it is our greatest wish to live in peace and harmony
with our fellow-workmen and all others. 3. That we, as
members of a Christian Church, do condemn in the
strongest terms the diabolical outrages committed by
members of the Fenian society in London and other
places, being the actions
of the American armies, wretches who have neither home
hsuour, nor religion.
4. That as Roman Catholics and
Most faithful subjects of her
Gracious Majesty the Queen
of these realms, we openly express our loyalty to her
Government,
t and sincerely hope that when the next ses.
sion of Parliament commences some good laws will be
brought forward for the benefit of our beloved native land,
and that Almighty God will sl,ower clown every blessing
on our good Queen Victoria and the Royal Family is .tl]
sincere wish and prayer of her Majesty's most faithful
and living subjects, the Roman Catholics and Irishmen of
Brywickwr,"_