The Sun.
London, England, 1844-11-13 00:00:00

IN RE JOHN CRAY.

A writ of habeas corpus was obtained in this case, to
bring up the body of John Gray, then a prisoner in
Salford gaol, under the statute of the 4th George IV., c.
34. The writ was obtained on several objections made
to the commitment and conviction ; but the principal
objection was, that the conviction did not show on the
face of it that any witnesses were examined upon oath in
support of the charge.
Mr. COWLING now appeared in support of the validity
of the conviction.

Mr. Justice PATTESON decided that the conviction
was bad.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
BARON V. DENMAN.

This case came before the Court on demurrer in June
list, when Mr. Kelly opened the case at some length for
the plaintiff. The facts of the case have already been
laid before the public. The defendant Captain Denman,
was employed as a British officer on the African coast,
to enforce a treaty for the suppression of the slave-trade.
Having reason to suppose that certain barracoons were
filled with slaves, he proceeded up the River Gambia for
the purpose of destroying them. They were found on
exr mination not to contain any slaves, but it being sus-
pected that they had done so, and that they had only
been removed in order to avoid detection, orders were
given for their destruction; and for this act the plaintiff
claimed compensation.
Sir T. WILDE addressed the Court this morning at
great length for the defendant. He contended that the
case was one in which the Court had no

Lordships to say what the Government of this country),
or tho commanders of its vessels, had a right to do, in
enforcing a particular treaty against the subjects of
other nations. They had not before them the informa-
tion necessary to enable them to form an opinion. ahe
act complain2d din this caso, and for which compensa-
tion was now sought by the plaintiff; was an act done by
Captain Denman in his public capacity as the com-
mander of a British ship. An act committed under
such circumstances was to be judged of by totally dif-
ferent rules from those which prevailed in a court of jus-
tice. The complainant was not without means of redress.
If the act was wrong, it was to be presumed that the
Government who sent out the defendant to enforce the
treaty would afford redress, especially as it appeared
that the act in question was necessary to prevent a
breach of the treaty. Captain Denman being employed
upon this particular service in:a public capacity, to en-
force the treaty the more or less was a matter
between the Spanish and the English nations,
and not a matter which could be inquired into
in a court of justice. Could English courts of justice say
what was the discretion to be exercised by a naval or
military officer when he found that the terms of a treaty
were being evaded ? When the Crown of England
stipulated with the Crown of Spain for the right of
search, it, was agreed that certain appearances should be
taken as evidence of an intention to violate the treaty ;
for it was to be observed that not only the actual em-
ployment of vessels, but prepaiations for engaging in the
slave-trade subjected the parties to punishment. If this
claim were good why were not the owners of the Caro-
line there ? The Caroline had supplied some of the Ca-
nadian insurgents with stores ; she had gone to the
American shores for the purpose of obtaining a fresh
supply ; and when she was destroyed by British sub-
jects the British Government avowed and justified the
act on the ground that the situation of the vessel was
convenient for committing an aggressive act. If an act
• were considered wrongful the party supposed to be in-
jured must seek redress through his government on
these two grounds—first, that acting in his public ca-
pacity Captain Denman was exempt from any action of
this description, and secondly that he averred that what
he did was done by command of her Majesty.' lie con-
tended that judgment ought to be given for the de-
fendant.

Their Lordships took time to consider their judgment.

EXCHEQUER CHAMBER.
(THIS DAY.)
(Sittings at Nisi Prius in Middlesex, before the LORD
CHIEF BARON.)
LAWREY V. SIR CHARLES GREY.

This was an action brought, by the widow of the
plaintiff, formerly a solicitor at Tynemouth, to recover
certain sums alleged to be due from the defendant for
attending the Revising Barrister's Court and other elec-
tioneering services, which resulted in the return of the
defendant to Parliament for the borough named, and the
defeat of his opponent Mr. Young.
Before the case had proceeded far, Mr. Jervis, as
counsel for Sir Charles Grey, put in certain letters of
the plaintiff's husband, and the defendant founding ob-
jections upon them which the Court held, to be valid,
a nonsuit was directed.

COMMON PLEAS.-(THIS DAY.)
Their Lordships this day took the special paper, and
were for the most part occupied with the arguments in
two cases of demurrer.

GUILDHALL.-(THIS DAY.)
John Peter Kirk, a baker, carrying on business at No.
49, Tottenham Court-road, was charged before Sir
Chapman Marshall, with having obtained 30/. from the
West London Savings' Bank, Wine Office-court, by re-
presenting himself to be a Mr. M'Donald, one of the
depositors.
Mr. Thomas Underhill, a clerk in the office of the
savings' bank, stated that on the 2d of March last he re-
ceived 101., from a person named M'Donald, as a deposit.
The entry in the books of the savings' bank ran thus:—
" Adam M'Donald, Fore-street, Cripplegate, aged
twenty-four, 101." M'Donald subsequently made an-
other deposit of 20Z

Mr. Underhill, actuary to the Bank, said it was his
duty to repay deposits. Last evening the prisoner pre-
sented a deposit-book to him, and applied for the 301.
which had been paid to the bank by Adam M'Donald.
Witness requested him to sign his name in the receipt-
book, and he wrote the name of Adam M'Donald. Wit-
ness then gave him a Bank of England note for 301.
The first witness said he should not know Mr.
M'Donald again. He was a young man, and the pri-
soner a middle-aged man. They identified persons by
their handwriting. The writing of the prisoner and
the depositor were very dissimilar.
The clerk asked if it was not usual for depositors to
give notice when they were desirous of drawing out
money?
Mr. W. Underhill said a notice had been left at
the office in accordance with the rules which bad been
laid before the Managing Committee, by whose direction
an officer was placed in the office, and when the prisoner
received the note he was given into custody. M'Donald
had lost his original book, and had been supplied with a
duplicate of it. The prisoner presented the book that had
been lost at the bank.

The prisoner said that M‘Donald gave him the book
to draw out the amount when he (M'Donald) went to
Scotland. WDonald owed him money. He had not
seen him for two months. He told him to put his name
in the receipt-book at the bank.
~..

Sir C. /vllnsitALL said he had better get M`Donald to
come forward to corroborate his statement.

He was remanded until the police can obtain the at-
tendance of .11‘Donald, who was stated to be in London.
The prisoner applied to be admitted to bail, but his
application was refused..

CLERKENWELL.—(THIS DAY.)
William Brown was charged with furious driving, and
thereby killing a horse, value 14/.
The prisoner, who was driving a cab, began to race
with a four-wheeled vehicle at King's-cross, and when
opposite this Court, on the Bagnigge-wells-road, driving
at the top of his speed, and on the wrong side of the
road, he attempted to shoot by the vehicle. A cab,
belonging to Mr. Voucher, was coming at a walking
pace against them, and the driver cried out to the pri-
soner to halt, but, instead of doing so, the prisoner still
whipped, and, coming into collision with the cab opposite,
the shaft of his vehicle penetrated a long way into
the breast of the horse, and the poor animal fell down,
bleeding profusely. Both cabs were shattered dreadfully,
but fortunately nobody was hurt. The prisoner is not
a licensed driver, but was driving for a Mr. Clarke, a
cab proprietor in Camden-town.
The proprietor of the cab said the prisoner took ad-
vantage of his absence and drove away the cab from the
Strand. His wife was dangerously ill, and he was sent
for to attend her.

Sergeant Wilkinson said he believed this to be utterly
untrue, and he had been informed the proprietor was
drinking and fighting at a public-house.
The prisoner was, remanded.

SPORTING INTELLIGENCE.
(RECEIVED THIS DAY.)
BETTING AT MANCHESTER-TUESDAY.
DERBY.

10 tot agst Alarm—t 11 to 1'33 to 1 agst Young Eclipse
16 to 1 agst Kedger 35 to 1 agst Connaught
22 to 1 agst Cobweb c Ranger
25 to 1 agst Newsmonger 45 to 1 agst Clear-the-Way
28 to 1 agst Rebecca c 50 to 1 agst Cabin Boy
25 to 1 agst Pam 1,000 to 1 agst John Davis
27 to 1 agst Fitz-Allen
ASHDOWN PARK COURSING MEETING.
TUESDAY.

THE CUP.-Mr. Bowles's Bodice beat Mr. Agg's Anna-
bella ; Mr. W. Ettwall's Win-if-I-can beat Mr. La w-
recce's Lceda ; Mr. Bowles's Bill Scott beat Mr. W.
Ettwall's Witchery; Mr. Gordon's Laura beat Mr. God-
dard's Arathea.

THE DERBY.-Mr. Agg's Almaviva beat Mr. Law-
rence's Linchpin ; Mr. W. Etwall's West-End beat Mr.
Bowles's Baldrick

THE OAKS.—Mr. Bowles's Blessington beat Mr. W.
Etwall's Wild nose ; Mr. Lawrence s Laudanum beat
Mr. Agg's Gazelle ; Mr. W. Etwall's Wit's• End beat
Mr. Bowles's Burlesque.
ST. LEGER.-Mr. Agg's Abelard beat Mr. W. Etwall's
Wiliness ; Mr. Bowles's Brocade beat Mr. Lawrence's
Lobelia.

MATCH.-11r. Bowlcs's Blue Coat Boy beat Mr. Agg's
Anodine.

The weather was unfavourable and the attendance thin,
but the sport was good.

ACCIDENT ON THE RIVER.—This morning an acci-
dent, which was near being attended with the loss of
three lives, occurred on the Surrey side of the river, be-
tween Blackfriars and Waterloo bridges, by the upsetting
of a punt, in which were three labourers, named Murray,
Delany, and Cripps. The three men were rowing from
the slip at Blackfriars• bridge, to a raft of timber lying
on the river, and upon nearing it, whether through want
of caution, or the force of the tide, they struck some of
the projecting beams of the raft with the side of the boat,
which was instantly upset, and the three men prec►pi-
tated into the water. Delany and Murray clung to the
raft for a considerable time, until they were rescued by
some fellow-workmen, who, hearing their cries, hastened
to the spot ; but Cripps was less fortunate, for he failed
in grasping the raft, and was carried by the force of the
tide under it. After considerable exertion on the part
of these who hurried .to the spot on witnessing the acci-
dent, he was at length got into a boat in an exhausted
and almost insensible state, when he was taken ashore
and every attention paid him, but a considerable time
elapsed before he could be considered out of danger. The
other men escaped with a good ducking only, and were
enabled to resume their work after a change of clothes.

Two HOUSES BLOWN DOWN IN THE LONDON. ROAD.
—Among the mischiefs occasioned by the storm may be
mentioned the blowing down of two houses in the London-
road, Southwark—one of the most crowded thoroughfares
in the metropolis—yet, miraculous as it may seem, without
the loss of any lives. Fortunately the catastrophe occurred
at half-past eight this morning, and the houses—one, a
china and ehrystal establishment ; the other, occupied
by a furniture broker—being very old, gave such ample
warning of their approaching dissolution, that the indi-
viduals in the shops had time to run out into the street,
before the whole came to the ground. In the upper
floor there were two children in bed, who were fortu-
nately protected by a portion of the roof which adhered
to the side wall. They were rescued from their perilous
situation by a gentleman, who with considerable heroism
rushed up the ruins before they were well settled,
and had the pleasure of placing the children is the arms
of their frightened mother. The stock in both shops is
of course totally destroyed. A number of labourers are
now busily employed in clearing off the ruins.
Her Majesty the Queen has given 501., and Prince
Albert 201., towards a fund now raising for the erection
of a new organ in Windsor Church, the old one, which
was given by George the Third (having been taken from

MONEY AND COMMERCIAL NEWS
CITY, QUARTER TO THREE.
At Liverpool yesterday, about 5,000 bales of Cotton
were sold at steady prices. Mid American was scarcer
and firm. Speculuts:rs took 200 Egyptian, at 6d. to 6id.;
The other sales were 500 Maranhatn, at 41d. to 50.; -and
700 Surat at 24d. to 31d. ; the rest being American at
Sid. to sd. per lb.—Shares were dull, except some of
the French lines. Birmingham and Gloucester, 1011 ;
Bristol and Gloucester, 1/. 15s. 4icl.; Caledonian, 41. ls.;
Chester and Holyhead, 5,1- ; Churnet Valley, 3; Eastern
Counties, 3+ ; Great Western, Fifths, 15+ ; Lancaster
and Preston, 451 ; Liverpool and Manchester, 202 k.;
Ditto, Half, 1011 ; London and Birmingham, Quarter,
24 ; London and York, 21. 16s. 3d ; Manchester and
Leeds, 108 ; Midland Counties, 1/. 18s. 9d. ; North
Union, 140 ; Sheffield and Manchester, 96 ; Shrewsbury
and Grand Junction,* South-Eastern, 38i; Lyons and
Avignon, 21. I Is. to 2L 129. 9d. ; Paris and Lyon*
3/. ls. 6d. ; Orleans, Tours, and Bordeaux, 31. 16s. a ;
Boulogne and Amiens, 74+ +. •
There are late accounts in the City this morning from
New South %Vales and Van Diemen's Land, but their
contents are not of very general importance. The ex-
clusive system appears to be adopted as respects stran-
gers being present in the Legislative Council. And it is
somewhat singular that, at the last meeting of that body,
as reported in the Sydney Herald, a member (formerly
connected with the Press of London, and once on the
Sun, moved that " strangers be ordered to withdraw."
While here the party was a strong stickler for open dis-
cussion, but, as the saying goes, "circumstances alter
cases"—and our well-known friend having advanced
himself to the dignity of a member of the Council
(by rare talent let it be observed), now is
an apostle to the secret system. The markets
of Sydney were pretty steady. A large
amount of business had been transacted in spirits. A
very strong apprehension was, entertained that there
would be a scarcity of shipping, the arrivals from India,
en route for India, having !alien off considerably. As the
stocks of goods at Sydney were large, and credit not'
good, arrivals from England for some time to come
—at least in any numbers—was considered out of
the question. The stores for colonial produce for
shipment to this country were rapidly accumulating.
The state of the London wool market last received out
was considered as most satisfactory. The clip was ex-
pected to be considerably above an averege, but if ships
could not be had to receive it on board, the markets
here for the staple will in all probability be advanced.
From Swan River we learn that the colonists
were turning their attention to the cultivation
of the vine most sedulously, and ere long
the exports of wine, of a quality far superior to the
Cape, is a matter of certainty. From Port Philip we
learn that the manufacture of Tallow, by boiling down
sheep, was increasing rapidly—not far short of 50,000
sheep had been boiled down at Sealong (Port Philip) in
about ten months.

The Commissioner bought Three per Cents. Reduced
this morning at 991, the same amount being transferred
as they took yesterday. Consols for Money have been
at 1001 to 1001, while the only quotation for the Ac-
count is per cent. above par. The premium upon Ex'
chequer-bills has fallen as low as 60s. Bank Stock has
advanced from 2044 to 2051. The New Three-and-a-
Quarter per Cents. have fluctuated from 1011 to 1021.
In the Foreign Funds the business done this morning
has not been to any extent. Spanish Consols have been
sold at 24; the Three per Cents, at 35/ 1 ; the Portu-
guese Converted at 551 to 554. In Belgic and Dutch
Stock not much fluctuation has occurred to-day. Mexican
Bonds have advanced, but Columbian ex Venezuelan are
a shade lower than yesterday.
The Share Market has been rather heavy to-day, and
the prices in most instances are a shade lower.
BRITISH FUNDS THIS DAY AT ONEIO'CLOCK.
(From the Official List.) •
Bank Stock... ..•...... .. ••
••••••••••••••••••••••••••• 203 20434 20534
3 per Cent.. Reduced Annuities 9g%
f‘',l4
New 3% per Cent. Annuities 102 101% 102 10
Consols for Account 1003 E
Exchequer Bills. I%d. I%d.
1,0001.6t1 61 pm.
500/..?, 62 put
Ditto 62 pm.
Ditto Advertised.,„.„.. •.....
FO EIGN FUNDS THIS DAY AT ONE O'CLOCK.
Belgian Bonds, 5 per Cent...... ....•......».„....» 101%
Brazilian Bonds, 5 per Cent. 00000 87% 88
Columbian Bonds. ........ «. . 14% 13%
Mexican Bonds, 1837, 5 per"C;ltt. 35;iN
Portuguese Bonds, 5 per Cent. ........».„ —
Ditto Converted
Russian Bonds, 1822, 5 per Cent... ll9
Spanish Bonds, Five per Cent 1840.....„.«.« 24
Ditto Three per Cent. ..... 3534 %
Dutch 234 per Cents. OOOOOOO 62%
~
Dutch 5 per Cent 5..........•........... 0000000 99%3 911
PRICES OF SHARES 1 HIS DAY AT ONE O'CLOCK.
RAILWAYS. Pam. PEn Stung.
Birmingham and Gloucester...« 100 ........101 ..... to •-•
Ditto New
Bristol and Exeter ..... 70 ..... 70 -
Bristol and G10uce5ter........" .... . au ......... to 56
Caledonian
Cambridge and Lincoln
--
Churned Valley •••••••••••••••••••••••• 2 ..... ...• 234
Eastern Counties 25 .... 13% % -
Ditto Perpetual 5 per cent... 21. 13s. ...% 1
Great Southern and Western] 5 . to
(Ireland) .... • 11 „«.• ---
Great North of Eng1and........... 100 ....•....120 ......... to
Ditto New 5 l5 ...... to
Great Western 75
Ditto % Shares ..... 50 ......... 85 ....• to
London and Birmingham. lOO 213 ......... to
Dit o % Shares .................«.. 2 24 ..... to --
London and Brightonso ....« 34 ••• to
London and Greenwich 12% ...... to
London andgGreenwich (*Preference) 18% ...... 22 to
London and Croydon
Ditto Guaranteed 5 per Cent ,2
..„. to
London and Y0rk..........
...... to
Midland .......... ........ . ..... 100
North British
5 .... 5
Norwich and Brandon 6 .. to
Ditto New ... «..
....... 214 ...... to
She tticld and Lincoln
South Devon
South Eastern and Dover ..... 3334 -
Ditto New -
York and North Midland ••••••••• 50 ••••••••• •••• ••• ..... •to
Ditto Scarbore' Branch .......•• 10 36
Ditto Selby Scrip ..... 20 78 -
Boulogne and Amiens 2 3% ... to
MANCHESTER STOCK EXCHANGE, Nov. 12 —We can'
not report any improvement to-day—business has been
limited. Barnsley Junction, 51 9-16 ; Cambridge and
Lincoln, 21 ; Churnets, 2 13-16 15-16 ; London and
York, 21 ; Sheffield and Lincoln, 1/ 13-16 ; South-
Eastern, 42 ; Ditto, New creation, 71 prem.; WO6
Yorkshire, 84 prem.

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