The Sun.
London, England, 1850-12-07 00:00:00

=AY MAITC.X.7Z.T. S.

SMITHFIELD.—Meadow Hay, 2/ 8s to 31 MI; Clover,
Si Os to 41 Os ; and Straw, 11 Os to 11 7s per load.
Trade dull, at late rates.
CUMBERLA.ND. Meadow Hay, 21 lOs to Si 17s ;
Clover, 31 Os to 4/0s; and Straw, 1/ Is to 11 8s per load.
A full average supply, and a slow trade.
WHITECHAPEL. Meadow Hay, 2/ Ss to 31 11-;
Clover, 310 s to 4145; and Straw, I/ is to 117 s per load
Supply good, and trade very dull.

COMMON PLEAS.-(11-11S DAY,)
(Sittings at Nisi Priui, before Lord Chief Justice

JERVIS and a Special Jury.)
FRY V. BRO3ILEY.

The plaintiffs in this case were Messrs. Fry, the buil-
ders, and the defendant is one of their clerks, and the
present action was brought to recover the sum of 1191,
the property of the plaintiff, lost by the defendant while
in his custody.
Mr. Edwin James and Mr. Weller appeared for the
plaintiff, and- Mr. Sergeant Wilkins conducted the
defence.

From the evidence it appeared that on the 19th of
April the defendant, having been sent into the City to
draw money from the bankers for his employers, got into
a Paddington omnibus at the Bank, having the money in a
carpet bag, which was placed by his side in the omnibus.
This omnibus he changed at the bottom of Baker-street
for an Atlas omnibus, in which he rode to Circus-rood,
St. John's-wood, having the bag still with him. On
getting out here an't proceeding to his employer's pre-
mises, it struck him that the bag felt much lighter than
before. He examined it and found 119 sovereigns,
which had been contained in a small canvass bag, were
ionising. There was a hole in the carpet bag, and a
correiponding one in the canvass bag, through which the
sovereigns had been abstrac:ed. On learning his loss he
immediately communicated it to his employers, and
information was given to the police, and every means used
to trace the robbery, but without avail. No imputation
of fraud was cast upon the defendant, but conceiving
that he had not used sufficient care the present action
was brought.
Mr. Sergeant WILKINs, for the defendant, contended
that he had used every reasonable precaution.
Ihe jury returned a verdict for the plaintiff,' on thu
ground of want of proper caution.

We are in a position to state, on the best authority,
that the Bishop of London has at last expressed his deter-
mination to put down Puseyism wherever it exists within
his diocese, and he has even gone so far as to specify the
course which he means to adopt for the purpose of carrying
out the resolution he has formed. He is to instruct his
archdeacons to inquire into the real state of matters in those
churches, within the limits of his jurisdiction, in which
Puseyite principles and practices are reputed to prevail, and
wherever the evidence of the existence of semi-Popish teach-
ings and ceremonies is clear, the clergymen under whose
authority they have been introduced are to be peremptorily
enjoined to desist from them for the future. And should the
commands thus peremptorily given be disregarded proceedings
will be immediately instituted against the offending parties,and
carried forward with as much 'expedition as the forms of
ecclesiastical law will allow, until the incriminated clergy-
men are ejected from the Church. As, however, Dr. Blom-
field is so slippery a gentleman, and has acted so inconsistent
and vacillating a part, ever since the first developments cf
Tractarianism, some persons may still have doubts as to his
adopting the energetic course we have indicated. We should
be sorry to pledge ourselves for anything which he may or
may not do ; but if it will help the faith of our readers in the
Right Rev. Prelate, we can add, that our information is de-
rived from a written pledge which he has given, to act in the
manner we have mentioned.—Advertiser:

METROPOLITAN COMMISSION OF SEWERS.—A.
monthly court of the Metropolitan Commissioners of Sewers
was held yesterday, at the Sewers Court, tireek-street, Soho-
square, for the purpose of confirming or annulling a bye- law,
made at a former court of sewers, held on the 15th day of
October, for requiring return of plans of house drainage in
the case of houses about to be built or rebuilt, houses in
course of building or rebuilding, and of houses already built
but not yet occupied. And also for approving or disapprov-
ing another bye-law made on the same day, for ordering re-
turns from district surveyors under the Building Act. Pay-
ments to the amount of 14,529/. for works in progress were
ordered to be made. Mr. Edward Lewes moved that the
bye-law, which had been adopted on the 15th of October
last, :be now confirmed. Mr. P. Hardwick seconded the
motion, which, after a few observations from Viscount
Ebrington, was agreed to.
ITALIAN OPERA IN PARIS.—The brilliant success
of Mme. Sontag, in Donizetti's Figlia del Reggisnento, conti-
nues unabated. This opera has been repeated nightly since our
preceding notice, with, if possible, an increase of enjoyment on
the part of the public, and those who would properly estimate
the comic talents of the great vocalist, as an actress, should
by all means witness this finished and elegant performance.
Notwithstanding the attractions of La Figlia, we shall,
nevertheless, be delighted to see Lablache, who is pro-
mised to us on Saturday, in Il Barbiere, and afterwards
in that sublime sample of a marrying man, Don Pas-
quale. In the meantime, the public would be charmed
to hear our new Norma, Mme. Fiorentini, who left such a
decidedly favourable impression, again in the character of the
Druid Priestess. M. Ivanoff has been added to the company
within the present week, and is daily expected to join the
ranks. He will, we believe, make his delult in I Puritani,
supported by Lablache, Colini, and Mme. Sontag. Colini has
been expected hourly for the last three days.— ealignani.

REPRESENTATION Or ST. ALBAN'S.....dT. Alder-
man and Sheriff Carden. in pursuance of a requisition pre-
sented to him by an influential body of the electors, com-
menced his canvass yesterday, and was warmly received.
The alderman, in an address to the electors from the window
of the Turf Hotel, avowed himself a Liberal Conservative.
ST. IvEs.—THE FISHERY.—The drift boats, on
Thursday, the 28th ult., took from 2,000 to 4,000 herrings
per boat. One boat took 3,000 pilchards, and another boat
100 mackerel. The pilchards sold at Is. •d. per hundred;
the herrings at 25.: small mackerel at Is. 6d. per hundred.
On the 29th, one boat had 20,000 pilehards, others from
5,000 to 9,000 small mackerel mixed with herrings. On the
3d inst., one boat took 1,000 mackerel; another 4,000 her-
rings and some few pilchards. On Tuesday night, one boat
took 1,000 mackerel ; the rest some few hundreds of pilchards
and herrings mixed.—Cornwall Gazelle.

I EXPERIMENTS IN STEAM NAVIGATION.—The Ro-
samond steam-sloop is again in an advanced state, and will
soon be ready for sea. The Board of Admiralty have issued
an order to make a series of experiments with her four
boilers and engines of `LB6 horse power, The experiments
commenced on Wednesday morning, under the superintend.
ence of Mr. John Trickett, assistant to the chief engineer at
the factory at Woolwich Dockyard, and will be concluded in
the course of next week. These experiments will furnish
correct data of the amount of evaporation of water with the
whole of the four boilers, or when only working two boilers
They will also afford t test as to the best description of coals
for generating steam, each kind of coals being weighed be-
fore being put into the furnaces. Ti 3 result of the trial is
looked forward to with great interest, as every preparation has been made to make it as fair a criterion PO possible.,

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, Dee' 6. ere
(Sittings at Nisi Prins, at Westminster, before ee
Justice ERIK alai a Special Jury.)
THE DUKE OF BRUNSWICK v. YOUNG. tole
This was an action brought by the Duke of Bruner:
against Mr. Murdo Young, the proprietor of this joural.
to recover compensation fur an alleged libel, publish °
therein on the 28th June, 1849. se la
The Duke of Brunswick conducted his own cage
person, and Mr. Young, the defendant, was ably eeP.."
sented by Sir F. Thesiger and Mr. Edwin leCiad oi
'U..
a James';
The subject-matter of the alleged libel was Toe,
article which appeared in The Sun of the eidee.:doe
1849, commenting on the trial in this court, a f by
previously, of an action for an alleged libel broil_ sh,
the Duke of Brunswick against Mr. James Hare
proprietor of the Weekly Dispatch. the jal
The Duke of BRUNSWICK stated his case to „..„0 •
in an address previously prepared, which he read. ;a
large folio book, and which occupied the CoarL otos
two hours in its delivery. He said this was 8.,a Sae
brought by him against the proprietor of The ASII pelf
paper for e, libel; but before entering into the 014 some
he was obliged, by peculiar circumstances, tom atAbe
furs
preliminary remarks, the necessity of whiehreeseeled'
would he able to appreciate as he 11% be (the
It was his unpleasant il,uty m scate to thetbae
.aget
Duke of Brunswick) had brought a similar sea°for
another party besides the present defendant:
same libel of which he now complained, and thalbe bad
trial of that action, in June of the present yearlAer end
obtained only Is. damages. lie stated that to °L keep
the jury might judge of the injustice that 0;0W
done him on that occasion, the libel in that aet'etsplaie
ing been proved. The Duke proceeded to
cesood,
of the interruption offered to him by Lord hie) Olt
who tried the preceding action, which droee tio pate/
Duke) to change his course ae the trial. fie (/ liesela*
was obliged simply to negative the case ot lalB tiooo
having been silenced by a preliminary ioterr:gefferi
the part of the judge, whilst the counsel of his bat b
was, on the contrary, allowed full scope t° saYees sadeslt
chose. The Duke was stating the circumstaato let;'`
which he had thought it • his duty to jostl'or eetiss,
proceedings against this journal in the furl:B(00
and was adverting to the instructions of his
that action, when he was stopped by 3 bia ess
Mr. Justice ERLE, who said he should fausilto CO
to inform him that the present jury ought eolephi-e
their attention scrupulously to the cause of and to ee;
which he had against the present defendant, acoesel.,°:
dude from their consideration everything il?cb he (r
with the preceding trial in respect of whilibestisfigi'm
Duke of B unswick) had grounds for being d., he
The DUKE complained of being so restriete„ ells
Mr. Justice ERLE said what was objectedd; the Dale
conversation with his own legal adviser,
of Brunswick must be so good as pass that as" floes
The DUKE. notwithstanding the intitestioll Cosal
Lordship, was then proceeding to recoltat lig 10 acii;
stances under which, in June, 1849, be„,brjou7patel4oo4
Lion against the proprietor of the Weekly -sefeted "0
respect of an article which he thought re'--
him, and which appeared in that journal s°l•Tvsliee
eeptember, 1830, nineteen years before the trl net
Mr. Justice ERLE said he thought it better Brit
terfere with the course taken by the pa,l'ent-, the Do'
wick, unless celled on by the counsel 'cat 1)11-e
pasha side, and unless he saw scene gr-p1e).,,,•-'
inconvenience. Unless he (Mrs Juste cosh-°'
terfered, the Duke would pursue has weal° e
and he (Mr. Justice Erie) thought the
most convenient, being assured that the jury t- IsPist
take lute account what was really relevant t°
in hand. He was well aware of the extraneLyesP;dl
which the plaintiff was introducing, and wbY
Counsel fur the defendant did not objest t° "tebia'os
in all probability he saw greater advantage! ISal‘e
in the comments which he would afterward e ,clO
it.— (Laughter.) ola arliberi
The DUKE continued to read long extracts ..r„etelt
which appeared in the Weekly Dispatch it 1 ,Te's,
1830, and in subsequent years. Those art'icncile'tie
he said were libellous, were of considerable 'e.t.--that do'
stated substantially, and among other tbia,,g7, bO4-01
Duke of Brunswick had been expelled 11°,7,00'4
minions because he was a tyrant and had bY;t be -00
outraged the feelings of his subjects, sod ti-et,ber.ese
trampled upon the laws, and been guilty
which bad so much incensed and btu
that they had risen up against him, bureeeii-egele;
and expelled him from his dukedom. Th! 'Ol
of which he now complained, was an art,°,:etwetle)
peered in The Sun of the 28th June, 849, (be Die
on the trial of the action brought by biro `Till,'" 0
against the Weekly Dispatch, in that year' arl'iChlotti
proceeded to complain that that ""lade
The Sun repeated and exaggerated :beet of ffri-of
matter contained in the Dispatch,' in resr'esosaii4
he bad obtained a verdict and a coneiderable -iepri°ol
demsges. Our limits will not admit of our 0 eertl,/
the article in question, but the following arnieoloo
of it, of which the Duke' most strongly cfre„,`"ted eeei
" Long and deservedly has this country e°-e,f0"100
capacity for allsrding shelter to the refoggel,oog 04
the other dominions of the habitable globe. ritp,
the nation prided itself upon that social seee-010°,00
that constitutional freedom which hafeesos°, see'
England the haven of those unfortunate Pe" Asloe"fo
ses 1 o
are expatriated either through the ungeasetoe-nolie
of seine continental race, or through the veylertit 0
whole people, rising to vindicate their outrag„rei I b.-:or.,
by punishing with one sudden and ,07,-,11 11,7e10",
protected reign of enormities. Between ti'v-etlisn-cilitif
posite classes of fugitives England dratese-nf sa°Vi
whatever in so far us the circumstances • feel
them alike a place of repose is coneer-0 ',Zee
objects of execration find themselves
eye
admitted to participate in the advantageio, ere 0
by our institutions as the men entitled eor
sympathy and reverence. Whether it be w
alien' er b 1
assuage the griefs of the latter by constois,;
facilitate the expiation of the guilt of 'carte-,
affording them an opportunity of repentaae,e,:ther„,oo7
that Gre at Britain is accessible at all times itillil'te;
victim and the political criminal, irrespective ° of Se or
of all countries, of all colours, of all policiesobliellOdte
pathies, and of all predilections. Red Ite,Pilsella,,V.,
Conservatives, and Aristocrats, each find la Afel'OF
fuge from the pursuit of difficulties. Priuee d
°.41511*
and M. Louis Blanc, the Count de Neuilly is,f %oft°,
Caussidiere, Signor Mazzini and the Prince aye
Don Miguel and General Pepe, the Conde etroleoP
Gore
and General Espartero, Prince Louis Isalej o°loe
M. Guiaot, among a multitude of others, bav";t101100
to time, hurried over from the continent &IP% SiSai,
ments of peril when the shelter of the ljaireetic 00.,;
presented to the wearied and the panic-stra
ys b9.10'
Pau ys
resistible fascination. And one and all ha accrue ▪ see
mitred with the same cordial and indiscrirdinaoesegle
within the guardian bulwarks of our ralle-rDa•4O.4
matchless constitution. It was left for thg go l)01
Brunswick to attach an additional notorietY toot •
already sufficiently notorious, by being thez tint. ago' e,'
this national generosity by a petty aet,,,,Le;(l
journalist—an example which, among hia",-arstifiss• °'i
may prove so far contagious as to be insevi. s ;00-
system of continual annoyance and eXterti°t ;be
el
by the way, not at all improbable, seeing tle'se tb
given on Tuesday will act as a lure to ta°,ifyiegreel
sides finding in such actions a means of gre,eey Peon
own evil and more ignoble passions, ';'-ette°.jer;
in them a method of replenishing their° dila„Pole
purses, and of generally improving °le.- e tir them
fortunes. By such a proceeding battee'flaeded I Vs
very race to whom they should have reg,tited%•
selves as bound by the bonds of eternal Er"i tele OA'
such a care as that of the ex-Duke of ter tfiedel,°'
veracity of the old axiom—the reg-IT a 0 ig
the 'realer the likel—becomea more than 01 or
paisitully perceptible. Since the first lestare, the pad
pulsion from the dominions of his alleest„°.t-e one Par
mind of England has not hesitated as '1)„- f
upon which should be inscribed the naw,.-000 of sin e
sonage—whether among the political Vi°l
, bafF
the political criminals."
That was the most important part of the libel; -)
writer continued as follows: I, to PIPS
Unless he (the Duke) may be solicit as
as upon a rather profitable speculation io hi: Oa; 10
the liberty of journalism, we should stiggeeee-reeli"
Duke of Brunswick the propriety of wit' , Oro
his own natural and sinister obscurity." see 1.11111/ti
The Duke drew the attention of the jury net I'oo'
the word " natural" in the passage be be' 0 n'h o°'
printed in italics, and added that the word',bo,llb Cvs;
preceded it, was printed• in larger letter*, --9,3 a
rounding type—[this was not the frier the e 5
tended that the inference to be drawn fr°ll3esco#l'ovicili
" his own natural and sinister 7- otos
printed, was that he (the Duke °'t
was addicted to the practice of an uneatatil'a clei crtmltat
sentence, so intepreted, he submitted, alenesti°etsoa„°b
for which he claimed a substantial celoPe:eite:
hands of the jury. He disclaimed gin,
ifferiljPe • but
" gagging journalism," or of iateee. sall'eflols-t
the liberty of the press in this greas 01 bit
the liberty of the press was surely to trile,, 0;1:
when it was not only allowed to perniitiotase-00°-;
to permit calumnies, which, in f b.-tit:101110
ten times more painful than the woan°a;:t a ;:be ,10
He thought the liberty of the press be m
lowed to print whatever a liked, htli,t:itheree-te•
sehel
nished for it afterwards. He submitted *criat- A
no doubt that the article in questifonbhaan`;tiellog:oi, ofirt."Otetr.
published under the influence
foorth with the rier°d rare
sire to avenge mankind, but only with she
noying and seriously injuring
much prefer any judge or juryman shootiacingl3sFe
spot to the publishing of such a libel coneaietiedei
Mr. J. H. Circurn, a gentleman from the eirojece-topt!
was called by the Duke of Brunswick, elicinProptietjpee
declarations made at that office as to th,e sire h' f„
of this journal, and also of the WeeA4l/ el*P•i
tively. ra, t" Pc's
William Clarke,'the clerk of Mr. Wans° apt°
psi 0
e. 40
1
tiff's attorney, was also called by the Duk
the nisi prius record of the action brought hY
110/ tb
Mr. Harmer. 'reed t otlc
Sir F. THESIGER having briefly tO the 09
Era had been inadvertently introduced he
_e„, for.
for the word Age, proceeded to address the )10).,,,,./0
defence to the following
er
the well-known adage as to the wisdom of
.70.15, bop
is his own counsel is not without itAxcePti
effect:—Gentlemen of :900
although his Highness the Duke of Bruns
.ice
a: the
thought proper to claim your sympathy oor da, to 00,
sent occasion, by reason of his hoihi:OPß of Jew.
cowts noo
vocals accustomed to preeeseelng- -s verf c--„
and has suggested that he.io.ploc9d olio, _se,
able disadvantaged that..cireamstanne,;(.l.o obi 00,0
fodegtl"4" • P
who have been witness tee thep . 41.010001.
. , • liiit9u
will not be disposed ,l2cistil,rtO ulqviv ,rzuw