The Sun.
London, England, 1850-01-17 00:00:00

COMMON PLEAS.-(THIS DAY.)

(Sittings in Banco.)
The Court was occupied during the morning in hear-
ing the further argument in the pa t-heard case of Moss
v. Smith, which involves the quo tiou ( f the liability of
the owner of a s essel freight-d Vali araiso fur the
dame ,e sustained by a part a the cargo during the
voyage. The Court had not come to a decision when
our report lef'.

SHERIFFS' COURT.-(THIS DAY.)

(Before Mr. Under-Sheriff BURCHELL.)
HORNE V. WILCOX AND ANOTHER.
This was an inquiry to assess damages for false im-
prisonment, defendant not having put any plea in denial.
Mr. HORRY appeared for the plaintiff, and stated that
the plaintiff ss as as old ,man 77 years of age, who had
resided for upwards of 60 years with an unblemished
reputatior, at Stoke Hammond, near Leighton Buzzard.
On the 17th of May last he was at Banbury fair with
his son, and bargained fur a horse with defendant, and
ultimately purchased it for 61, and they went to the
Plough public-house to carouse, but from some unex-
plained cause defendant (Wilcox) gave both plaintiff and
his son into the custody cf a policeman named Lett,
who forthwith took them up-stairs and handcuffed them
both together. This was about seven o'clock in the
evening, t..nd about twelve they were allowed to undress
and were again handcuffed before they went to bed. The
next morning defendant went to a magistrate residing
three miles distant, who told him that he was a fool for his
pains, and Lett ten said that plaintiff might be released
on paying one-half of the expences of the detention, which,
however, was refused, and he was released about the middle
of the next day. The Learned Counsel said that the con-
stable might have been protected in what he did to
secure the prism er, but he was not justified in resorting
to unnecessary violence, and as this was the result of de-
fendant's act he was amenable.

Jonathan Horne, the son of the plaintiff, was called,
and in his examination in chief confirmed the above
statement.
Mr. PRENTICE cross-examined the witness, and
elicited net the plaintiff was a horse-dealer. He was
also strongly pressed as to whether John Horne (wit-
ness's brother) had not sold the horse to Wilcox on the
previous day, and whether plaintiff did not partly psy
for it with a 51. note, which he, Wilcox, had paid to
John Horne on the previous day; he was also questioned
as to whether the horse was not glandered, and whether
a " plug" did not fall out of its nose as Wilcox took it
home, but the witness evaded direct answers. He did
not know that Lett was constable of the pariah, but be
knew that he took them iota custody. Wilcox said, "I
give these people in charge," but did not say what for.
Witness aslie l what he had done, and was taken for,
and Lett replie 1, "I'll let you know what you have
done," bt.t did not explain.
Mr. PRENTICE add:cssed the jury, and contended that
the defendant had only committed an error in law, for
it must be clear that there had been a conspiracy be-
tween plaintiff, and his son John, f,l. the horse had
been sold for 12/., and repurchased by plaintiff for 6/.
The selling a glandere 1 horse was an offence against
the law, but Wilcox, instead of giving plaintiff in
charge, ought to have laid the case before a magis-
trate, and obta;ned a warrant. As it was the def•n-
dunt, having commi t.d the error, must abide by the
consequences.
TLe Learned UNDER-SHERIFF, in summing-up, said,
the selling a &ander ed horse was undotat4dly an offence,
but there was no positive proof as to the facts; it was clear
that the law had been broken, and although the con-
stable might have had a legal delete,' he had not pleaded
it, and both defendants were liable, but the amount of
damages was entirely for the consideration of the jury.
A Juror wished to know what the plaintiff laid his
damages at?
The UNDER-SHERIFF said that had nothing to do with
the matter, as it was merely a flourish of the pen of the
special constable, who could put it down at 501., 500/., or
5,0001., it Was f,r the jury to decide the point, and not
take a plaintiff's character at his own valuation.
The jury, after a short consultation, gave a verdict
for 151.

3IARLBRO'-STREET—(THIS DAY.)
AN OLD TRICK.— George Marsh, and John Francis,
two rough-'ooking fellows, known to the police as re-
gular " duffers," were charged with attempting to de-
fraud John Blandon of 225., under the following cir-
cumstances

It appeared that on the previous night the prosecutor
was in Mr. Atkinson': beer-shop, in Cumberland-
market, when the prisoners came in, and asked Mr.
Atkinson if he wanted any tobacco, as they had some
of the real sort, and would sell it at 2s. per lb. They
then produced a sample from a small package,
which Mr. Atkinson examined, and, finding it
to be genuine, he ofered to purchase 121 b. at
Is. 9d. per pound. The prisoners agreed to this, and
Marsh said he had get it stowed away at a coalshed ;
and if Mr. Atkinson would send a man with him he
would deliver it on payment of the money. Mr. At-
kinson accordingly gave prosecutor a sovereign and
three feurpenny-pieces, with strict injunctions not to
part with the money until he had examined the article.
They thin left the house, and instead of going to a
coalshed, they took him to a low public-house in the
neighbourhood of Oxford-street, where the prisoner
Marsh showed him a parcel, which he said contained
twelve pounds good weight, and wanted to put it
in a box %Inch he carried. He refused to
allow that, and was proceeding to open the
parcel, when the prisoner knocked it out of his hand and
ran out of the house. He picked up the parcel, and
went in pursuit cf the prisoners, whom he overtook after
a sharp run and gave them in charge. The package was
subsequently examined and found filled with sawdust,
with the exception of about a quarter of an ounce of
genuine tobacco which was spread on the top.
Lockerby,lBoC, proved taking the prisoners into cus-
tody. They w,re well known to the police, and if they
were remanded, he had no doubt but other charges would
be brought against their.
The prisoners were remanded accordingly.
A CURIOUS CASE.—Mary Levy, a handsome and
fashionably-attired female, was brought before Mr.
Bingham, charged with stealing a gold watch and appen-
dages, value 20/, belonging to Mr. Henry Parrott., a
gentleman of fortune, residing at Walnut Tree Villa,
Hunt, near Wokingbatr, Berks.
The prosecutor stated that, about one o'clock this
morning, he met the defendant, and accompanied her to
her lodging, at 72, Princes-street, Leicester-square. Be.
fore reVring to rest he placed his watch on the dressing-
table, and got into bed. About eight o'clock the defen-
dant awoke him, and said the landlord had sent for a
quarter's rent, which was 101., and that witness must
give her the money to pay it. He said he had not got it
in his pocket. She then took his watch and chain off
the table, and said she would detain it until be gave her
the money in addition to the 301. he owed her. He told
her if she did rot give it up he would go to the station;
and on her still la fusing to give it up he went to the
station, and having procured a constable, returned and
gave her in charge. In reply to Mr. Bingham, com-
plainant admitted that he knew the defendant twelve
months a,.;e, when he kept her for four or five weeks,
during which time he agent upwards t f 2001. upon Le-.
Mr. BINGHAM said, under those circumstances he
would discharge defendant if she gave up the watch.
The dt fondant gladly consented to this, and was dis-
charged.

EXTRAORDINARY RECOVERY Or LOST MONEY...-.
Laat v e k a gentleman residet.t in the neighbourhood
of Ilaidington viaited that town for the annual collec-
tion of his accounts. Having received about 500/., he
entered a shop there, and upon examining his money he
missed tl e sum of 100,. He immediately retraced his
steps, and chanced to encoutter a group of children in
the street eugagt,cl in the examination of a hat seemed
to be pictures ; but which, upon a more narrow inspec-
tion, he found to be his missing ric tae, each of 201., value.
They %%tie, cl course, recovered from the childre
who received in return a small gratuity.—Etlittburgit
Advertiser.

CHESTER AhD HOLYHEAD RAlLWAY.—Traffic for
the wzik ended Jan. 13, 1850:—C. and H. Main Line,
9371. ips. 7d.; Mold, 541. 10$. Cd.i ateam-boats, 731.
2i. 6d.---TOlOl, 1,0854 128. 7d.

FRENCH PLAYS.
ST. JAIIIE'S THEATRE.

Herold's chef d'ceuvre, his last and greatest com-
position, the opera of Zampa (which but for the utter
absurdity of the plot, and more especially of the
denouement, would be one of the most popular operas
in Europe), was produced here last evening in a htyle
and with a completeness which left nothing to be
desired, and which will go far to render Lamina as
popular ith an English audience as a whole, as
various portions of it—such, for instance, as the
overture and the preghiera io the first act—have ever
been. Zampa; on, la Fiancee de Marbre, was ori-
ginally produced at the Opera Comique, in Paris, on
the 3d Mly, 1831, and at once attained the highest
pitch of popularity. The music was imported. into
this country shortly afterwards, and the overture to
Zampa became a stock piece at all concerts, festivals,
and music meetings. Several attempts were made
to "cook" an English opera (or what in those days
Fazsed for such) from Zampa, but they were all unsuc-
c s ful. The English audiences were in general incapa-
ble of appreciating either the beauty or the science of the
music,and the plot a assn Ilk an extravagant caricature
of Don Giovanni, that herald's music was again rele-
gated to the concert-room, and it was not until about
four years since that any attempt was made to give
an English curtience an opportunity of judging of
the merits of Zampa es a whole. At that time it
was announced that Zampa was to be produced at
her Majesty's Theatre, and that Porn asari was to
sustain the character of the Pirate hero, and M'sdame
Persiani that of the heroine. Neither pains nor ex-
pence were spared to put it on the stage in a manner
worthy of its composer and of its high European
fame, and those who had heard it at the Opera
.Comique w ere rejoicing in the idea that at length
this country would be enabled to appreciate its
merits. But, alas ! for the uncertainty of human ex-
pectations, on the day it was to be produced, Fornasari
was taken ill and his place was taken by a certain Signor
Felice, who made the most unmistakeable fiasco ever
recorded in the annals of Her Majesty's Theatre.
Signor Fehal not only ruined himself but
he ruined the opera, for when Fornasari, on
his recovery, appeared in the part of Zampa,
the opera, notwithstanding the strength of
its cast (which included Madame Persiani,
Lablache, and if we mistake not, Mario), went off
coldly, and - vas, we think, only once repeated.
Since, then, no attempt has been made to produce
the opera in London until last evening, when it was
produced in its original form, with M. Chollet, the
original Zampa, and we are happy to add with its
original success. The Zampa of M. Chollet is a
thing to be remembered, no other artiste has ever
approached him in his delineation of this part, and he
most assuredly shares with the composer the credit of
the immense popularity which this opera
has acquired in France. Zampa is a reckless
daring pirate, an unprincipled seducer, a coarse,
not a vulgar Don Juan, we say not
vulgar advisedly, because Zampa, pirate, and mur-
derer, and robber, and abductor as he is, was origin-
ally of gentle blood; tie was the Count de Monza,
and as Don Cesar de Bazan preserved the manners
of the Count de Garoffa, beneath his rage, so does
Zampa preserve the gallant bearing of the Sicilian
gentlemen in the midst of his crimes, his_ blasphemies,
and his debaucheries. This phase of the character is
never lost sight of by M. Chollet, and thus be
creates an interest in Zampa, which nn other actor has
ever succeeded in creating. His delivery of the
music was admirable, the celebrated cavatina "Il faut
souscrire a mes lois," was both acted and sung with
the greatest spirit imaginable, and told most effec-
tively, and the barcarolle " Douce jouvencelle,"
which occurs in the finale to the second
act, was given with exquisite taste and feel-
ing, indeed throughout the opera M. Cho:let was
perfect; he seemed to be the character he represented,
to have divested himself of his personal identity, and
to have assumed that of the gallant, reckless Sicilian
pirate. Mademoiselle Charton sustained the charac-
ter of the heroine Camille, a part originally created
by Madame Casimir, who, however, was not equal to
Mademoiselle Charton. The " complainte," of which
the fir-famed preghiera which forms one of the most
popular subjects in the overture is the refrain, was de-
livered with infinite taste and feeling by Mademoiselle
Charton, and her acting and singing in the quartette
" Le Voila," in which she first becomes aware of
Zampa's designs upon her person and her fortune
were full of pathos and power. In all the concerted
1 pieces she was admirable, and we have no hesitation
in declaring that in our opinion Mademoiselle Char-
ton is the best Camille who has ever ap-
peared, and this we say with the full
recollection of Madame Persiani in the
same character. M. Killy Leroy was the Alphonse,
and was overweighted. He is a clever young man,
but is as yet of scarcely sufficient calibre to grapple
with such a part as Alphonse. Rita, the attendant
of Camille, who recognises in Daniel, the mate of
Zninpa;as her runaway husband, found a most amusing,
espiegle, coquettish, and pretty representative in Ma-
demoiselle Guichard, while Daniel, the man of
" striking" character, was admirably acted by M
Soyer. As perfect as the Zampa of M. Chollet,
though in a totally different style, was the Dandolo of
M. Chateaufort. Dandolo, the bellringer, is, our
readers will remember, the funny man of the piece,
who is always in a fright, and M. Chateaufort, who is
one of the few really humourous actors which
the French stage can boast, repr. sent( d lim
with forty-Keeley power cf unction. The mise
en scene was perfect. The costumes were
elegant, and some new scenery, painted by Mr. Muir,
was beautiful. As to the concerted and orchestral
music— cela va sans dire, Hanssens directed, and
Flanssens band performed it could it be otherwise
than perfect. The applause was enthusiastic through-
out the opera. M. Chollet was called on at the end
of the first act, and again with. Mademoiselle Charton
at the conclusion of the opera. The house was fully
and fashionably attended.

HALVING THE CENTURY.
(From Punch.)
Just now our table is cracking and groaning under
a heap of letters on both sides of the controversy
about the completion of the first half of the century.
One correspondent illustrates his view by proposing
that we should drink the half of a hundred barrels of
stout in as many years, and informs us that half the
hundred barrels willhave been drunk so soon, but
only so soon, as the last pot of the, fiftieth barrel shall
have been swallowed. Our only objection to this
mode of determining the question iF, that he has not
sent us the means of trying his experiment. We
may apply similar observations to the propositions of
those who ask us to smoke so many bundles of cigars,
eat so much cheese, and wear out so many suits of
clothes in half a century. The quantities of these
articles are represented as given quantities, but all we
can say is, that we have not received any of them.
As to the matter in dispute, we need only remark,
that if the year 1800 was the first year of the century
1801 was the second year, 1849 the fiftieth, and the
present year of grace, 1850, is the fif _y-first. If not,
then otherwise. To us the question would seem
perfectly clear, but for the following communication,
which, being brief, we publish in extenso :
"Mr. Punch,—My cousin Bridget, to my know•
ledge, was born on January 1, 1800. If we are now
beginning the second half of the century she must
just have entered her fifty-first year. Yet a lady's
word is undeniable ; and all who have been acquainted
with Biddy for the last 20 years can testify that,
during all that time, she has declared herself to be
only thirty.—Your constant reader
TEAIPUS FUGIT."

DIAMOND DUST.
(From Eliza Cook's Journal.)
Flatterers only lift a man up, as it is said the o igle
dces the tortoise, to get something by his fall.
He whom reason rules may with safety rule ctl-ers.
If we would perpetuate our fame or reputation we
must do things worth writing, or write things worth
reading.
Mankind aro more what they are made by mankind
than what they are made by their Creator! The wolf
is ferocious tecause hunted from a whelp. The snake
turns upon you tecatise you disturb and pursue it. The
child grows surly because unjustly coercel. But, above
all, man becomes u►tjust and cruel, because pursued with
cruelty and injustice by his brother mai.