The Sun.
London, England, 1850-01-24 00:00:00

YORK, JAN. 22.

STOCK EXCHANGE.—The transactions to-day were as
follow : Great Northern, 71 3s. 9d.—Leeds and Bradford,
lO2—Shrewsbury and Birmingham, Preference, 10—York,
Newcastle, and Berwick (Newcastle Extension), 1118.

THE DUNDEE AND PERTH RAILWAY.—A sad acci-
dent took place upon the Dundee and Perth Railway, on
Saturday, at one o'clock P.I. A train arrived at Perth,
with a signal that a special goods train was following.,
The moment the train arrived the engine left to cross.
the line, to be turned at the company's depot. Attached.
to the engine was a carriage, in which were seated Mr.
Cragie (station-superintendent) and Major Cleghorn.
This carriage was pushed by the engine, which went
down the wrong line ; but before starting, the signal
was put on to stop the special train. The driver of the
special train, however, took no notice, but ran past the
signal 150 yards, and the engine ran into the carriage,
which was therefore between the two engines, both of
which were going at a great speed. The carriage was
at once smashed to pieces, and the two gentlemen very
much hurt; Mr. Cragie so much so that no hopes are
entertained of his recovery. Major Cleghorn is not so
seriously injured, and is expected t.) recover. The driver
and stoker t. f the engine that pushed the carriage, when
they saw the special train approaching reversed their
engine and jumped cff, leaving it is supposed the steam
on;, for after the accident, the engine ran away in the
opposite direction, without any person upon it. By
the time it arrived at the junction with the Scottish
Central line, it was going at a speed of sixty miles an
hour ; but the man at the points fortunately turned it
into a side line, where it pitched into a goods train
that was formed fur starting, breaking many waggons
to atoms.

JANUARY FLOWERS. —Not more than three or four
kinds of wild-flowers can be found, even as occasional
visitants of the English field, at this season. The daisy
that " never dies" is the flower which we are most
likely to find on a January day, when the sun has melted
the snow from the grass. The simple daisy was once a
flower of great renown, and was called in England either
Herb Margaret or Day's-eve; and it still bears the name
of Marguerite in France. It was the device of the un-
fortunate Margaret of Anjou, and when that Queen was
in prosperity, her nobles wore it in wreaths in their
hair, or had it embroidered on their robes. That noble-
minded woman, Margaret of Valois—the friend of
Erasmus and Calvin—she who could retire from the
admiration and glitter of courts to study her Bible and
her own heart—she, too, had the daisy-flower worn in
her honour, and was called by her brother, Francis 1.,
his " Marguerite of Marguerites." The daisy grows in
fields throughout Europe, and is as common in the
Italian fields as in ours. The children of Italy gather it
as an early favourite, and call it Pratolina (meadow
flower).— The Gardener's Hive.

ASSASSINATION IN CORSICA.--.A. notorious Corsi-
can bandit, named Tancredi, was a few days ago
tried before the Court of Assizes of Corsica, on the
charge of murdering, at different times, a man
named Morelli, a man named Andre Natalli, a man
named Dominique Martini, and, finally, for attempting,
on the 24th of March, 1849, to murder some gendarmes.
The several cases of murder were clearly proved
sgainst the prisoner ; and it was shown that for a
lung time he hal teen aecust ,med to carry off young
girls to caves and forests and there commit violence on
there, that he had levied contributions on the peaceable
inhabitants of the villages, that he had committed so
many excesses cf all kinds, and had exercised such a
system of terror, that in some places the villagers had left
their fields uncultivated, and had abandoned their flocks
and herds. No one, in fact, ventured to resist the audacious
bandit; and the people did not even dare to assist
. or give
hospitality to the gendarmes sent to arrest lima. W hen
he murdered Natalli, the son of the latter was present,
and in an agony of despair cried, "Oh when will your
turn come?" "Not until after yours," calmly replied
the bandit, as he reloade 1 his gun by the side of the
corpse. Notwithstanding the monstrous guilt of the
prisoner, the jury in convicting Wan declared that there
were extenuating circumstances, and he was only con-
demned to hard labour at the hulks for life.
' LORD BROUGHAM'S EXPERIMENTS ON LIGHT.-'
Lord Brougham read on Monday at the Institute, Wore
a most numerous and brilliant auditory, a paper giving
a detailed account of the experiments on light, on which
he has been for some time past. engaged. His Lordship
not only explained the r ature and result of his late
scientific researches on this subject, but at great length
went through, on the black beard, a series of mathema-
tical calculations and demonstrations in support of his
views. The paper and explanations were listened to
with the greatest interest, and his Lordship was fre-
quently greeted with most enthusiastic applause, as well
as warmly congratulated at the close by the numerous
scientific men present. When the noble academician
had concluded, M. Arago observed, " how much the
scientific world was indebted to the Noble Lord for his
exertions;" adding," that these most interesting experi-
ments and demonstrations, which Lord Brougham bad
conducted on the Newtonian theory of attraction, he
(M. Arago) believed he could explain by the other
theory which some philosophers supported. He would
probably at some future sitting explain his views on the
matter to which he then adverted." Part of the curious
apparatus invented by Lord Brougham, for his expelri-
meats (beautifully made by Soleil of Paris), was dis-
played on the table, and excited a considerable share of
coriosity.—Gulignani.
PROTECTION MEETING AT YORK.--YORK, WED-
NESDAY EvENING.--In consequence of a requisition,
numerously sigi.ed by the owners and occupiers of land,
merchants, tradesmen, and others, resident in the
county of York, a meeting was held this morning at the
De Grey Rooms, to take into consideration the best
means for the restoration of protective duty on corn.
Lord Harewood took the chair. Several resolutions,
denouncing free trade and in favour of protection, were
unanimously carried, and the proceedings passed off in
a very orderly marner.

RNCOMBERED ESTATES COMMISSION.—The average
rate of purchase that may be offered for eitat!s sub-
mitted for sale by the commissioners has become a
subject of anxious speculation. Previous to the pe-
riod of sale the commissioners are to receive pri-
vate biddings, subject, of course, to the public sale
subsequently. It is stated that there are parties
ready to offer .twenty-two years' purchase for the ex-
tensive estates of Mr. John O'Connell, of Greena.
situate in the county of Kerry, and which will be the
first sale under the commission. So much depends upon
peculiar circumstances, such as the amount of rent and
the solvency of tenants, that it may be difficult to
form a criterion of the actual market value from any
particular case. In that of the O'Connell estates there
are several distinct properties, including well-secured
head-rents, whilst others are let in the ordinary way to
the occupying tenants. But, supposing those estates all
round to be very well circumstanced, 22 years' purchase
would be an excellent price, proving the existence of
full confidence on the part of the bidders in the value of
Irish land as a profitable investment.

DESTRUCTIVE FIRE IN SHOREDITCH.—Yesterday
(Wednesday) morning, at a few minutes past six o'clock,
the premises of Mr. H. T. Bushell, a hat manufacturer,
at No. 114, High-street, Shoredich, were discovorei
to be in flames. After some trouble the inmates of the
premises on fire. as well as those surrounding, were
made sensible of their danger, and they all succeeded
in making a safe retreat, but not before the flames
had penetrated the roof, and were pouring forth with
such fury as to threaten the adjoining pr,perty
with destruction. The engines of the parish were re-
markably early in arriving, and were followed by four
more belonging to the brigade, and that of the West
of England Office from the Waterloo-road. Fortunately
the fire-plugs of the East London Company yielded an
abundance of water, from which the engines were set
to work, but by that period the flames had obtained
possession of the workshops under the second floor'
and had extended through the top of the building, co
that some considerable time elapsed before the con-
ilagration could be subdued, and not until the staircase,
&c., on the second floor were burned out, the greater
part of the roof destroyed, and the stairs and workshops
under very considerably burned and damaged by water.
Ne. 115, ii the same stret t, in the tenure of Messrs.
E. and M. Bushell, milliners, &e., has the stock in trade
and staircase damaged by witer and removal. The
hatter's premises were insure I, togeth3r with the con-
tents in the British Empire Mutual-3ffic?; and the mil-
liners' premises were insured in the Atlas-office.
LINCOLN'S INN.—The Right ion. T. B. Macaulay
has recently been elected a beneher of Lincoln's lon.
The circumstances under which the election took place
are equally honourable to the society and to Mr. Ma-
caulay. This distinction W, it will be recollected, usually
restricted to Queen's Counsel, a dignity which Mr.
Macaulay has not attained, ho having, as is well known,
long ceased to practise at the bar. The Right Lion.
Gentleman's name, however, remained on the society's
books. Some short time ago he sent in the usual for-
mal notice to have his name erased therefrom. On the
receipt of this notice, Vice-Chancellor Knight Bruce
brought the subject under the consideration of the bench,
and by a very large majority it was resolved to call, in
the person of Mr. Macaulay, an utter barrister to the
bench et Linares Inn.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Jan. 23.
GASKILL V. SHEEN.

The plaintiff in this action was an advertising
agent, and the defendant was the proprietor of the
Bedford Mercury. The action was brought to re-
cover a sum of money which it was alleged had been
twice paid, on the latter occasion by mistake. In
order to prove his case at the trial, the plaintiff pro-
posed to give in evidence certain letters written to
the defendant, but there admission was objected to by
the defendant, as it was not shown that any answer
had been sent to them, or that the defendant had
made any admission that he had received them. The
evidence was admitted by Lord Denman, who pre-
sided at the trial, and the plaintiff obtained a verdict
for 71. 7s. 9d. ; but subsequently this Court granted
a rule nisi for a new trial, on the ground that the
evidence had been improperly received.

Mr. M. CHAMBERS and Mr. PIGGOTT now showed
cause against the rule, and contended that the letters
were admissible, not as evidence of the facts therein
contained, but as showing that certain representations
were made to the defendant, and that he was silent.
This tended to show that the defence which he after-
wards set up was not true, for, if it had been, there
could be no doubt that he would have set it up in
answer to some one of the four letters which had been
sent to him. This defence was that the plaintiff had
cheated him by deducting 25 per cent. as discount
from the debt which he owed the defendant for adver-
tisements inserted in his paper.
Mr. O'MALLEY and Mr. Srzsx supported the rule.
The COURT decided that the rule for a new trial
must he discharged, as the evidence was properly ad-
mitted, not as evidence pf the facts contained in them,
by which the defendant might be concluded, but
merely to show that a demand was made, and that
when he was afterwards seen by the writer the de-
fendant made no allusion to them.

There were some other technical points which the
Court also decided in the plaintiff's favour.
Rule discharged.

COURT OF EXCHEQUER, Jan. 23.
(Sittings in Banco.)
COBBETT (A. PAUPER) v. SLOMAN.
Mr. BRAMWELL appeared in this case to support a
demurrer under the following circumstances :—The
action was brought against the defendant (who is
well known as a sheriff's officer) to recover penal-
ties amounting to 1001., for removing the plaintiff
from a lock-up house to the Fleet Prison, so far back
as in the month of June, 1840. The
.plaintiff was
in custody under a commission of rebellion issued by
the Court of Exchequer when the removal took place ;
arid the declaration alleged that such a removal was
illegal under 31 Charles 11., c. 2, without a writ of
habeas corpus. The defendant pleaded to this
declaration, that the alleged grievance occurred
more than two years before the commencement
of the present action ; to which the plaintiff
replied that he was a prisoner and in custody
until within two years of the commencement of this
action ; and to this replication there was a demurrer.
The Learned Counsel now contended that the limita-
tion of two years was applicable to an action of this
kind, although the plaintiff was a prisoner. lie also
submitted that a commission of rebellion was not a
criminal proceeding; and that it was only where
persons were in custody on a criminal charge that
the statute on which the action was founded applied.
Mr. Cobbett was heard in person in support of the
replication, and argued at great length that a com-
mission of rebellion was a criminal proceeding, and
entitled to the protection which the statute afforded
to prisoners who were removed from one custody to
the other without the sanction of the established tri-
bunals.

After hearing counsel in reply,
The BARONS delivered their judgment, being un-
animously of opinion that the declaration was bad, as
it disclosed no sufficient ground of action. The
proceeding under which the plaintiff was in custody
when removed, though in some sort a criminal mat-
ter, was not a criminal matter within the meaning of
the Hibeas Corpus Act ; and the clause in that Act
subjecting parties to penalties for removing prisoners
was meant to protect persons in custody from hav-
ing their trials delayed. On this ground judgment
must be fur the defendant. The Court being unani-
mouily in favour of the defendant on this point, it
was unnecessary to give any opinion on the question
raised by the plea.
Judgment for the defendant.

CORBETT (A PAUPER) V. OLDFIELD AND OTHERS.
This was an action by the same plaintiff as in
the last case, for false imprisonment, to which the
defendants pleaded, in justification, that the plain-
tiff was arrested under an attachment issued by the
Court of Chancery for non-payment of costs, in a
suit instituted by one of the defendants against the
plaintiff, as executor of the will of his deceased
father, Mr. William Cobbett, so far back as the
year 1840. The plaintiff demurred to the plea of
justification.
Mr. Cobbett occupied the Court some hours in
support of his demurrer, but the grounds urged by
him appeared to be of such little weight, that
The COURT, without calling upon the Counsel who
appeared to support the plea, at once decided that the
justification was sufficient, and was well pleaded, and
that the defendant was entitled to judgment upon de-
murrer. The Court also complained of the waste of
the public time by frivolous proceedings, adopted in
cases similar to the present, and in which plaintiffs
sued as paupers.
COBBETT (A PAUPER) V. OLDFIELD AND OTHERS.

This case, 'which stood next on the list of demur-
rers, involved, as we were informed, points similar
in substance to those involved in the former case, and
the parties were the same in both cases.

The CRIER BARON said the Court declined to hear
an argument repeated in this case such as they had
heard in the last, and ordered judgment to be entered
for the defendants. He also inquired the name of the
counsel by whom the demurrers were signed in those
cases ? The officer of the court stated that the de-
murrers appeared to have been signed by Mr. James
Watson.

Mr. MARTIN, who appeared for the defendant, ob-
served that these vexatious proceedings, instituted
from time to time by Mr. Cobbett, cost the defend-
ants no less than 6,000/. It was a very gross case.
Mr. Cobbett said the costs came chiefly from his
estate.— (Laughter.)
Mr. Baron PARKE—it is a very cruel case, and if
members of the bar who take upon them to certify
pauper cases will not, as it is clearly their duty to do,
satisfy themselves that the plaintiff has a good cause:of
action, some other course must be taken to prevent
the time of the Courts from being wasted, and de-
fendants seriously injured by the institution of such
actions.
Judgment for the defendant.

COURT OF BANKRUPTCY, Jan. 23.
(Before Mr. Commissioner HOLROYD.)
THE ST. ALBAN'S BANK--IN BE GIBSON AND STURT.
These bankrupts were bankers at St. Alban's, and
the proceedings in the case have been frequently
before the Court and frequently reported in our
journal. The bankrupts came before the Court this
morning upon the adjourned application for their cer-
tificates.
The joint balance-sheet extends from February,
1844, to August, 1849, and is as follows :
Dr.
To creditors ••• ••• £3,218 0 8
Commercial Bank holding security ... 4721 10 0
Liabilities... ••• ... 102 0 0
Profits ..• ••• ••• ... 3,784 7 3
CapitAl borrowed of the Commercial
Bank on deeds of Gibson snd joint
note cf the firm ... ..• 1 500 0 0

Total ... ... ••• —.X11,826 17 11
Cr.
By debts, good, doubtful, and bad ...:13,149 7 1
Law expenses ... .•• ... 1,27 k 18 11
Bank premises ... ... ••• .. 1,302 19 11
Demls held by Commercial Bank... ...
Trade expemses ... ... ..• ... 9,167 12 3
Preliminary expenses in anticipation cf a
partner's loss with J. S. Story • 73 8 9
E. Gibson, balance 2d December, 1847 ... 1,027 18 6
G. Stile, balance ... ... ~. ••• 766 2 5

Total ...Z11,826 4 7
Mr. Bagley and Mr. Linklater represented the cre-
ditors, and Mr. Lawrence supported Gibson.
The bankrupt Sturt deposed that in the action
brought by B3ymant he had allowed judgment to go
by default. There were proceedings in Chancery to
which Gibson had pleaded. The result of INT-
manes action was, damages 2261., and costs
1021. He denied having given Miss Markham
(a secured creditor) any other assurances than a jocu-
lar remark that if the bank was going wrong he
would give her notice to that effect. At that time he
had no idea of a stoppage taking place. His expe-
rience in the banks of Messrs. Muskett and the
London and County Bank proved to him that his
profit and loss account was made up in the usual
manner. It would have been more regular if a ba-
lanoe-sheet had been struck at the end of each year.
He was labouring under some disadvantages as to the
position of the bank from year ►o year, he having had
no previous examination.

The official asFignee said that this was in conse-
quence of Mr. Sturt's conduct in abiJing by hi,
statement, thereby frustrating attempts to obtain de-
sired information.

The bankrupt—We shall have more of that by-
and-by, Mr. Groom.
Mr. George—Mr. Groom will be called out.
The bankrupt further deposed that Mr. Gibson had
not been give❑ credit for the 1,500/. advanced by the
Commercial Bank, whose account on the 7th of
October, 1847, was 4,9,50/. Upon the 23d of July,
5001. was placed to the credit of Mr. Gibson, asmoney
advanced by him, it having been previously advanced
by his brother, and previeu3 to certain title deeds
being deposited, On the, Nth of August he gave a