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

contp ANY

The Court then prcceen,ii; to hear this appeal motion,
which was specially appointed tor today. The case
caw before the Court upo a apneal from the judgment of
the Vice-Chancellor Knighl B uce, granting a seques-
tration against the effects of the company. The argu-
ments in this motion celapied the Court the whole
morning. •
The other Equity Courts took motions to-day, none of
which possessed the least poit,t of interest.

QUEEN'S BENCIT.-(THIS DAY.)
;Sittings in Banco, before Lord CAMPBELL and Justices
COLERIDGE, and EXILE.)

•
MUMFREYS V. EROGDEN, SECRETARY OF THE DURHAM

COUNTY COAL CO: SIPANY. -JUDGMENT.

Lord CAMPBELL, on corn irg into court this morning,
delivered judgment in this case. He said this was an
action on the case, and the, declaration alleged that the
plaintiff was possessed of di "rem closes of arable and pas-
ture land, yet that the Di where County Coal Company
wrongfully, negligently, arid improperly, and contrary to
the custom of mining folio wed in that part of the coun-
try, worked certain coal nth les under and contiguous to
the said closes, and due. foie and got certain coals in the
said mines so as to endanger the plaintiff's closes. The
only material plea was not guilty. The ease came on to
be tried before Mr. Justice, 'Coleridge at the last spring
assizes for the county. of Durham, and it appeared that
the plaintiff was possessed of the closes described in the
declaration. and that the- Durham County Coal Come
pany wire the lessees, under the Bishop ur-Durham, of
the coals and mines under them, !antihero was no other
evidence whatever as to the tenure or the title either of
the surface or of the minerals . It appeared the company
had taken the coals under tie plaintiff's closes without
leaving any sufficient pil'la,rs to support the surface,
whereby the closes had sunk and, subsided considerably;
but supposing the surface raid the minerals had belonged
to the same person, that t•peraeion had not been con-
ducted negligently by the com-pauy. The verdict was
entered for the plaintiff for 1101. deimages, with leave to
move to enter the verdict for the defendant it the Court
should be of opinion that tinder such
,circumstances the
action was not tnaintainab le. , 'The case was very ably
argued in Easter and Tr inity Term last ; and the case
being one of considerable ienportance the Court had
taken time to consider its •deeision. For the defendant
it was contended that, aft' the special finding of the
jury, the plaintiff was not entitled to have his closes
supported by the subjacent strata; bat the Court was of
opinion that that propositin a could not be supported, and
that the company was bout d to leave sufficient props in
his mine to support the surfs ice soil. The Court had there-
fore to consider whether, vol ten the surface of the laud, by
a hick was here meant the meit lyieg over the minerals, be-
longed to one man, and the minerals to another, and,
there being no evideece of title to quality the rights of
enjoyment, the owner of the minerals might remove
them without leaving sup! to acs sufficient to maintain the
surface in its natural strsto. The plaintiff claimed no
greater degree of euppo rt for his lands than they en-
joyed since the globe .existed in its present form.
Where there were sever el freeholds lying adjacent to
each other, the law of btagland had long settled the
degree of collateral mug sport which each might claim
from the other; and a a2an who had land next adjoin-
ing his (Lord Camphel i's) land could not .dig his own
land so near to his (L 3rd Campbell's) that thereby his
(Lord Campbell's) should fall into the pit dug by the
other, and for that au action would lie. That
doctrine rested on flat ural justice, and was es-
sential to the peott ction and enjoyment of
property on the set face. Where there were
separate freeholds, where the surface of the land and
the minerals belonged I o different persons, the Court
was of opinion that the a wner of the surface, where it
was encumbered by build MO and in its uatural state,
was entitled to have it supported by the subjacent mi-
neral strata. For those and other reasons the Court
were all agreed that the preseut action was maintain-
able, and that the rule to enter the verdict for the de-
fendant must be discharged.

THE QUEEN v. THE REV. CHARLES HARTON..--CRIMINAL

INFORMATION.

Sir FREDERICK TaEsiGmn sr d he had to show cause
against a rule, obtained re!ee, ntly by Mr. Hill, for a cri-
minal information against the Rtv. Charles Barton, who
isrector 'A tire county of Lincoln, and one
of the me fgit
':or the county. The charges on
which that applico ,don had been grounded had reference
generally to t',4o conduct of that gentleman, whilst
osa Paxeby,tes
taking, in t. 140 capacity of a magistrate, the dying
dda of one Robert Thompson, who met his
an affray iu August of the present year, at
p Humber. The circumstances were these:
(e:rcealith r,
na i
4 uo
pi,' 0 n
--A person of the name of Sanderson, who was resident
at Barton on the 12th of August last, was in bed, when
he heard some person or persons outside his house
throwing stones at his window. He arose from his bed,
went to his sviudow, and saw two persons engaged in
those acts; be remonstrated with them and told them he
would call for the police. The persons outside, how-
ever, continued their violence, on which he partially
dressed himself and was proceeding down stairs, when
bis wife recommended him to take a stick with him.
He seas passing his front morn, and he hastily snatched
up a poker, and went out to those persons. Some alter-
cation then took place, and ultimately a person named
999 Robert Thompson, who, it was alleged, but afcewards
denied, was one of the pttrssons committing that violence,
was struck by Sanderson violently on the head with the,
poker. Thompson became insensible, was carried to
his house, and died on the 21st day of August.
Sanderson was, therefore, immediately apprehended;
and en the 13th of August Mr. Barton, who for sixteen
or seventeen 3 ears had been in the commission of the
peace for the county of Lincoln, was met by a person
named Gee, who was clerk to Mr. William Grayburn,
the clerk to the magistrates of Barton-upon-Humber, and
was told by him of the assault that had been committed.
It was stated to Gee, too, that the magistrates who
usually acted in that district were from home, and Mr.
Barton was requested to take the examination against
Sanderson. Mr. Barton agreed to do so, and Sander-
son being brought before him h' afterwards remanded
him to prison moil the 19th of August. Mr. Gee told
Mr. Barton, on the 13th of August, that the wounded
man Thompson, according to the medical adviser's
opinion, was improving, and that he thought it would
be possible to have his examination ou the Friday or
Saturd,y following. It was ultimately arranged
that Mr. Barton should take the extmination of Thump-
eon at. Barton on Saturday, the 17th, on his (llr.
Barton':) way from Saxeby to Hull, whither he was
going on that day, and that Mr. Gray burn should
meet him at Thutupson's house at Barton for that pur-
l?: se. Mr. Barton arrived ott the morning of the 19th at
Thompson's In.suie.at the time appointtd, but was not so
fortunat" as to meet with Mr. Grey burp, the rcaatistrates'
el-ek, tied, afkr waititl; Sco nun a considerable time,
proceeded on his way to Hull, intending to make a
fresh attempt to take the c xamination on his return in
the evening, and he loft a messcge with some of Thomp-
son's domestics, that if Mr. Gray burn called they were
to say that Mr. Barton would meet him at Thompson's

at a certain time in the evening, on bis return from
Hull. Mr. Barton arrived at the time mentioned in the
evening, on his way front Hull, at Thompson's house, ,
where, alt:r waiting some twenty-five minutes, Mr. '
Gray burn made his appearance. Bone angry words
then took place between Alr. Barton and Mr.
Giaa burn on the eubjsct of the latter having
fairer; twice to keep his appointment with Mi.
Barton; and this took place in the presence of the
dying wan, Thompson. The consequence wee that
Thompson's examination was tsker, without. however,
having been cautioned by Mr. Bailee, 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 magietrates' chili, Mr.
Grayburn, both of which were essential to make
Thompson'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. Grayburn to the de-
ceased, and because Mr. Barton bad not cautioned him
of his approaching death. It was, therefore, contended
by Mr. Gray burn, at whese instance this application had
been made, that owing to the indecorous add unseemly
conduct of Mr. Barton, whilet taking the declaration of
the dying man, Thompson, there had been a failure of
justice. The Learned Counsel then read the affidavit of
Mr. Barton, with the view of proving that en the occa-
sion in question, when he (Mr. Barton) had agree 4 to
take the examination of Thompson on his way from
Saxeby to Hull, he was accompanied by two lathe', and
that it caused him and them the greatest inconvenience
that Mr. Grayhurn had failed twice to keep his appoint-
ment, end that Le had justly complained of Mr.
Gra) burn, 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. Ho (sir F. Thesiger)
trusted their Lordships, if they thought there was any
blame imputable to Mr. Barton iu this transaction, would
say that that blame was of thessmallest 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 bad been ac-
tuated by any corrupt or malicious motives, or had been
wilfully guilty of a derelictiou of his duty, as had been
allegeu, for the purira of gratifying some private re-
sentment he had against Grayburn.
Mr. M. D. BILL appeared onbehalf of Mr. Grayburn
to support the rule. He said the question was whether
Mr. Barton had 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.
He 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-
jugs with which it had been introduccel.
Lord CAMPBELL, in delivering judgment, said he was
of opinion that the rukt ought to be discharged. A
magistrate was amenable to the criminal law of the
country, although ho might not be actuated by a motive
cf pecuniary interest, and although be 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 Pettesou granted
the lute merely because some ill-temper had been dis-
played. He must naturally have supposed that facts
afforded primii facie an inference that Mr. Barton
did. give aay 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 teen completely astswered,
'and he (Lord Campbell) thought that Mr. Gray burn had
conducted bluebell with great unpropristy in the manner
in which the application had teal made to the Court.
The other Justices concurred, and the rule was dis-
aaeged with costs.

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

The SOLICITOR-GENERAL app:ied for a rule to show
cause why a criminal ii formation 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 refused the rule.

[We shall give the particulars of iho case in our Third
Edition.]

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
O'C..NNOR, M.P. V. BITADSIIAW.-JUDGMENT.

It will be rvcollec:ed 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-
afected. 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 fur a new trial, and
it came on for argument on Tuesday last, but the Court
postponed their judgment. on the points raised in the

-
Mr. Baron PARKE this morninz delivered judgment
in the case, end stated that his opinion was that the rule
for a new trial ought to be discharged,
The other Judges concurred.
The rule was consequently discharged.

SPORTING IN TEL LICENCE.
LEAMINGTON RACES—TUESDAY.
Free Handicap Steeplechase of 5 sm. each, with 25
Added; winners extra. The winner to be sold fur 801.
if demanded, &c., and allowance if to be sold for less.
Mr. Land's Frank, 9st 71b
Mr. Hopkins's Gulnare, 5 yrs, 9at 101 b --(Archer) 2
Mr. Carew's Young Lottery, 9st 41b ...(W. Planner) 3
Mr. Fawcus's Little Paul, lOst 21b (Taylor) 0
Mr. Wilson's Souvenir. 9st 101 b (Meany) - 0
Mr. Gray's Outcast, 9st 91b (carried 9st 121 b) (Frisby) 0
Mr. Denniston's Slow and Uncertain, Bst 12 lb(0 wner) 0
Mr. J. Clarke's Young Sultan, lOst 41b ...(B. Barker) 0
Betting-2 to 1 agst Gulnare, 7to 2 'each agst Gul-
nare and Little Paul, 4 to I agst Young Lottery, and 5
Wonerillvbay a length, Young Lottery a
s sold for 60 guineas.
a free handicap of 20
The
odßyGgts b.: iaternaded'b°, Souvenir.r
hi .11fue t. Iwv,i, nit il 1 Steeplechase,oo
his stake, and the winner to pay 25 soya. towards ex-
penses. Four miles.
Mr. Hutton's Lucy Neal, aged, lOst 61h (Frisby) 1
Mr. Storey Ca The Victim, age 4, lOst 51b (W. 'I aylor) 2
Mr. Carew's British Yeoman, lost °l2lb ...(J. Mason) 3
Mr. Barnett's Sir Peter Laurie, l Ist 31b (Owner) 0
Mr. Anson's Spring 8011, lOst. ....... '.. ....(T. Oliver) 0
Mr. Staff, ird's St. Helier, lOst 71b (inel. 71b extra)... 0
Mr. King's Shinrone, lOst 51b (Wynne) 0
Mr. Osborne's Abd-ei-Bader, lOst 4tb (Ryan) 0
Mr. Cook's Verax, lOst 21b (J. liulman) 0
Mr. Reed's Champagne, gat 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 agst Ma-
el•K4der-8 tb I agst Spring Bok-10 to 1 each apt 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
.. .... ••••(Mr. Gaman) 1
Mr. Carew's Lansq
Mr. Worthington's Evergreen, list uenet, I Ist 7th . ............ .. (Owner) 3
................ 2
Mr. Littledale's Charley Lopside, list 71b
Captain Rowley na Spectator, I Ist .....••••••• (Owner) 0
Mr. Hope's bg by Barksten, Ilst ...(s.tr. Leterier) 0
Mr. Arkwright's Coquin' 1 lat (cd Ilst 71b) (Owner) o
Lord Stratbmore's Tally Ho, 12st ...... (
gr. Sheldon) 0
Betting-7 to 4 apt Ace of Trumps
--3 to 1 agst Lens-
quenet-4 to 1 agst Tally Ho. Won easy by two
lengths.
Free Handicap Hurdle Stakes of 5 sovs. each, and 30
Littie Queen, 4 yrs, 94 7th (Frisby),
added, two miles (12 Subs.), were won by Mr. Benson's
Gulli-
ver's Fazeley, aged, lOst-3ib, and several others.
beating Air.

Franklin, via Bebring's
CAPTAIN COLLINSON'S BEM-UN G 1 S
.STRAITS ARCTIC EXPEDITION.
0.13., in search
We have been favoured with several letters from
the ships of the expedition under Captain Collinson,
Straits, which have reached England via Panama.
One letter, dated Honolulu, June 30, saya:—..
of Sir John Fra
" Here we are after a very tedious passage of 175 days
from England. We did not see Investigator alter the
21st April. We sail on the 50th (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 best.
"The Herald, Capt. li-ellett, 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.
"We find this place destitute of refreshments, and
everything is monstrously expensive on account of the
Californian business. There are sbount 50 ships in the
place, ail eager, for provh,ions, 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 in-
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.
The Investigator, Commander 111`Clure, bad also
sailed from Woaha, July 4, but it was expected that
on joining the Enterprise Captain Collinson would
send her to Valparaiso for provisions and stores.

NOF MR. JUSTICE ERLE.—Yes•
terdaAvßmßoOrnw EP
morning, shortly before ten, as Mr. Justice Erle was
riding on horseback to the Court of Queen's 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-
r fitl ngs,,NewPalace-yard, was capsized; the driver
attempting to stop the horse having unfor-
oa'tsbteart statue,
cabit ini
tunedely fallen under the wheel. The horse upon which the
ol'v ttairisoel ino
rii.rtitirso't furious manner. g became extremely restive, and
the utmost of his Strength, but
(111.,
eie,:talN:-,goneuetrdi i
raJgbioi ctul
ogteci
i n
Its rider eu-
the horse plunged so violently that the Learned Judge was in
imminent danger of being thrown off. At length several
persona took hold of the horse, and the Learned Judge was
relieved from his perilous position. The cabman who at-
tempted to stop the cab horse, was greatly; but not dan-
gerously ii:jured in the head and other parts of his person.
PonEIGN CATTLE.—A large increse in the ordi-
nary arrivals from Holland has taken place by the steamer
Apollo, arrived from Rotterdam, which has brought 194
head of oxen and cows, being an unusually large number of
horned stock from Holland, besides 851 cheep, 36 calves,
and 36 pigs, the produce of that country.