The Sun.
London, England, 1850-11-21 00:00:00

at a certain time in the eve ning, on his return from
Hull. Mr. Barton arrived at the time mentioned in the
evening, on his way from Hull, at Thompson's house,
where, after witting some twenty-five minutes, Mr.
Grayburn made his appearance. Some angry words
then took place between Mr. Barton and Mr.
Gray burn on the sulsket of the latter having
fsiied twice to keep his appointment with Mr.
Barton; and this took place in the presence of the
eying enan, Thompson. The consequence was that
Thompson's examination was taker, without, howerer,
having been cautioned by Mr. Barton, the magistrate, of
his approaching death, and of the necessity of his speak-
ing the truth, and without the usual oath having been
administered to him by the magistrates' clerk, Mr.
Grayburn, both of which were essential to make
Thompscu's evidence available for the purposes of jus-
tice. At the inquest on Thompson the coroner refused
to receive the declaration of the dying man, because the
oath had been omitted by Mr. Gra) burn to the de-
ceased, and because Mr. Barton bad not cautioned him
of his approaching death. It etas, therefore, contended
by Mr.-Grayburn, at whose instance this application had
been made, that owing to the indecorous and unseemly
conduct of Mr. Barton, whilst taking the declaration of
the dying man, Thompson; there had been a failure of
justice. The Learned Counsel then reed the affidavit of
Mr. Barton, with the view of proving that cn the occa-
sion in question, when he (Mr. Barton) had agreed to
take the examination of Thompson on his way from
Saxeby to Hull, he was accompanied by two ladies, and
that it caused him and them the greatest inconvenience
that Mr. Grayburn had failed twice to keep his appoint-
ment, and that he had justly complained of Mr.
Grayburn, but not in the terms or in
the manner complained of by that gentleman.
It appeared also that Mr. Gray burn attributed the con
duct of Mr. Barton on the occasion in question to a
private pique, arising out of a transaction which hap-
pened between them so far back as 25 years ago, This,
however, Mr. Barton denied. He (Sir F. Thesiger)
trusted their Lordships, if they thought there was any
blame imputable to Mr. Barton in this transaction, would
say that that blame was of the smallest possible kind; but
he was satisfied that, on a careful consideration of the
circumstances on both sides, their Lordships could not
come to the conclusion that Mr. Barton had been ac-
tuated by any corrupt or malicious motives, or had been
wilfully guilty of a dereliction of his duty, as had been
alleged, for the purpose of gratifying some private re-
sentment he bad against Mr. Grayburn.
Mr. M. D. HILL appeared on behalf of Mr. Grayburn
to support the rule. He said the question was whether
Mr. Barton bad conducted himself in the exercise of his
office in such a way as to give way to a bad passion at a
period when, of all others, calmness and impartiality
were necessary to the proper fulfilment of his duties.
Ile contended that at the interview in question Mr.
Barton commenced the dispute, which was at all events
to be lamented, even if it produced no failure of
justice, and which was kept up by the same angry feel-
ings with which it had been introduced.
Lord CAMPBELL, in delivering judgment, said he was
of opinion that the rule ought to be discharged. A
magistrate was amenable to the criminal law of the
country, although he might not be actuated by a motive
of pecuniary interest, and although he might not mean
maliciously to injure any individual. If he gave
way to his passion when he was acting as a
magistrate, whereby justice was perverted or obstructed,
he was guilty of a misdemeanour, and this Court would
interfere to lay such a case before a jury. He (Lord
Campbell) could not think his brother Matteson granted
the rule merely because some ill-temper bad been dis-
played. He must naturally have supposed that facts
afforded prima facie an inference that Mr. Barton
did give way to his bad passion, and that
justice had been obstructed ; but, on cause
being shown, the Court thought the grounds on which
the rule had been granted had been completely answered,
and he (Lord Campbell) thought that Mr. Gray burn had
conducted himself with great impropriety in the manner
in which the application had been made to the Court.
The other Justices concurred, and the rule was dis-
charged with costs.

THE QUEEN V THE PRINTER AND PUBLISHER OF THE
" DAILY NEWS."

The SOLICITOR-GENERAL applied for a rule to show
cause why a criminal information should not issue
against the defendants for an alleged libel on three of
the managing directors of the Peninsular and Oriental
Steam Packet Company.

The COURT refussed the rule.
[We shall give the particulars of the case in our Third
Edition.]

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
O'CONNOR, M.P., V. DRADSHAW.-JUDGMENT.
It will be recollected that in this action, which was
brought by Mr. O'Connor, M.P., to recover damages
for a libel, published in the Nottingham Journal, re-
flecting on his character in connexion with the National
Land Scheme, a verdict was returned for the defendant,
accompanied by an expression of opinion by the jury
that the personal honesty of the plaintiff remained un-
affected. The main assertion contained in the alleged
libel was, that the plaintiff had swindled the working
people cf England of 100,0001., and appropriated the
money to his own purposes.
A rule was subsequently obtained for a new trial, and
it came on for argument on Tuesday last, but the Court
postponed their judgment on the points raised in the
case.

Mr. Baron PArKE this morning delivered judgment
n the case, and stated that his opinion was that the rule
fur a new trial ought to be discharged.
The other Judges concurred.
The rule was consequently discharged.

SPORTING INTELLIGENCE.
Steeplechase of 5 soya. each, with 25
Free Handicap
for 801.
The winner to be sold
added; winners extra.
if demanded, &c., and allowance if to be sold for less.
LEAMINGTON RACES—TUESDAY.
Mr. Land's Frank, 9st 71b (Fowler) 1
Mr. Hopkins's Gulnare, 5 yrs, 9st 101 b (Archer) 2
Mr. Cal ew's Young Lottery, 9st 41b ...( W. Planner) 3
Mr. Fawcus's Little Paul, lOst 21b ... (Taylor) 0
Mr. Wilson's Souvenir. 9st 10Ib (Meany) 0
Mr. Gray's Outcast, 9st 91b (carried 9st 121 b) (Frisby) 0
Mr. Denniston's Slow and Uncertain, Bit 121b(Owner) 0
Mr. J. Clarke's Young Sultan, 10st 41b ...(B. Barker) 0
Betting-2 to 1 agst Gulnare, 7to 2 each agst Gul-
nare and Little Paul, 4 to 1 apt Young Lottery, and 5
to 1 agat Souvenir. Won by a length, Young Lottery a
good third. The winner was sold for 60 guineas.
The Grand Open Steeplechase, a free handicap of 20
sovs. each, h ft, with 100 added; the second to save
his stake, and the winner to pay 25 sovs. towards ex-
penses. Four miles.
Mr. Hutton's Lucy Neal, aged, lOst 61b (Frisby) 1
Mr. Storey na.The Victim, aged, lOst 51b (W. 'Taylor) 2
Mr. Carew's British Yeoman, lOst 121 b ...(J. Mason) 3
Mr. Barnett's Sir Peter Laurie, l Ist 31b (Owner) 0
Mr. Anson's Spring Bek, 10st .......... .....(T. Oliver) 0
Mr. Staff)rd's St. Holier, lOst 71b (incl. 71b extra)... 0
Mr. King's Shinrone, lOst 51b (Wynne) 0
Mr. Osborne's Abd-el-Kader, lOst 41b (Ryan) 0
Mr. Cook's Verax, lOst 21b (J. Holman) 0
Mr. Reed's Champagne, 9st 121 b (Turner) 0
Mr. T. Carter na The Skipper, 9st 71b (Archer) 0
Mr. Carew's Grimaldi, 9st - (W. Planner) 0
Betting-4 to 1 agst The Skipper-5 to 1 agat Abd-
el-Ksder-8 to I agst Spring Bok-10 to 1 each agat St.
Helier, Victim, and Lucy Neal, and 100 to 6 agst British
Yeoman. Won by two lengths.
Hunt Cup Steeplechase of 10 soya, each. Winners extra.
Three miles.
Mr. Robertson's Ace of Trumps „„ ....(IL Gamsb) I
Mr. Carew's Lamquenet, l lst 71b ........................ 2
Mr. Worthington's Evergreen, list
....... .. (Owner) 3
Mr. Littledale's Charley Lopside, 1 Ist 71b
'
Captain Rowley na Spectator, llst ............ (Owner) 0
Mr. Hope sbg by Barkaton, 1 Ist ...(Mr. Leterier) 0
Mr. Arkwright's Coquin, list (ed list 71b) (Owner) 0
TT
Lord Strathmore's Tally
....o, I2st (Mr. Sheldon) 0
Betting-7 to 4 apt Ace of Tramps-3 to 1 agat Lana-
qu enet-4 to 1 agst Tally Ho. Won easy by two
length,.
Free Handicap Hurdle Stakes of 5 sot's. each, and 30
added, two miles (12 Subs.), were won by Mr: Benson's
_.
Little Queen, 4 yrs, 9A 71b (Frisby), beating Mr. G ulli-
ver's Fazeley, aged, lOst 31b, and several others.

CAPTAIN COLLINsoN'S .BEHRING'S

STRAITS ARCTIC--
Captain Collinson, ships of the expedition und2:rFEll/770/v.
We have been favoured with several letters from
C. 8., in search of Sir John Franklin, vial Behring's
Straits, which have reached England via Panama.
One letter, dated Honolulu, June 30, says:—.
" Here we are after a very tedious passage of 175 days
from England. We did not see Investigator after the
21st April. We sail on the 30th (this day) for Behring's
Straits. We are too late I fear to effect the object of
our cruise this season, but We cannot help it, so hope for
the beat.
" The Herald, Capt. Kellett, left here six weeks since
for the Straits, so we expect to meet her, as well as the
Plover, Commander Moore.
" We have not spared the canvas on our way here:
everything
thng
Weifindis tmhiosnVraocuesly expensive on account of thedestitute of refreshments, and
e
Californian business. There are abount 50 ships in the
place, all eager, for provisions, and the Government has
not made any preparations for our departure."
Other letters announce the departure of Captain
Collinson, and that his last words were that he
Tin-
tended to join the Plover, take her under his orders,
and push for the ice at once, keeping the Plover in
reserve to fall back upon.
frlonmves‘tvigoaathoar;
July
4, but it was expected that
on joining the Enterprise Captainmmander M'Clure, bad also
sailedhe
Collinson would
send her to Valparaiso for provisions and stores.

NARROW ESCAPE or Ma. JUSTICE RLE.—Yes.
terda:v morning, shortly before ten, as Mr., Justice Erie was
riding on horseback to the Court of Queens Bench, a horse
and cab, without a driver came up at a furious pace from the
direction of the Old Palace-yard, and when opposite Can-
ning's statue, in New Palace-yard, was capsized; the driver
of another cab in attempting to stop the horse having unfor-
tunately fallen under the wheel. The horse upon which the
Learned Judge was riding became extremely restive, and
plunged about in the most ,furious manner. Its rider en-
deavouring to control it to the utmost of his strength, but
was greatly, but not dan-
gerously the horse plunged so violently that the Learned Judge was in
imminent danger of being thrown off. At length several
persons took hold of the horse, and the Learned Judge was
relieved from his perilous position. The cabman who at-
temptedg eruualy to o
injuredstop itnh et
hcea
bb e horse,ad
andother parts of his person.
FOREIGN CATTLE.--A large increase in the ordi-
nary arrivals from Ho:land has taken place by the steamer
Apollo, arrived from Rotterdam, which has brought 194
head of oxen and cow', being an unusually large number of
horned stock from Holland, besides 851 sheep, 36 calves,
and 36 pigs, the produce of that country.