The Sun.
London, England, 1868-03-10 00:00:00

Do 44 per Cent.. 1862
Do Account
92
P. 3 per Ct.,1853,'6,'7, '9,'60,'2,'3 2 1'394 I
Do. do., 1-67 —
Do. do., Scrip, £lO paid —pm
Russian 5 por Cent., 1822, £ St —
Do 41 per Cent. 1850
Do 4i per Cent., 1860
Do 3 per Cent., 1859
Do 5 per Cent., IY,G2 e.. 814 4 4
Do. Anglo-Dutch, 1864, £lOO Bonds.,
Do. do. £Bl 15s. do ~
Do., 1866, £lOO Bonds B7 64
Do. do. £B4 15s. do —
Sardinian, 5 per Cent —
Spanish 3 per Gen . —
Do Account .
Do New Deferroa —
Do Account
Do Passive —
Do Acc&unt
Do Corn. Cert. of Coup. not funded
Do Account
Turkish 6 per Cent. —
Do Account
Do 6 per Cent. 1858 —
Do Account
Do £lOO Bonds —
Do 6 per Cent., 1862 —
Do Account
Do .£IOC Bonds 634 4 4
Do. 1863 —
Do 5 per Cent., 1865 —
Do Account
Do G per Cent., 1865 54 34
Do 1 por Cent., Guaranteed
Venezuela, 3 per Cent. —
Do 6 per Cent., 1862
Do 6 per Cent. 1864
Do. 4 per Cent. Certificates —
Dividends on the above payable in Loudon.
French Rentes, 3 per Cent., Ex. 25f. —
Austnan o par Cent. Ex 10 Florins
Belgian. 44 per cent., Ex. 25f.
Dutcn.24 per Cent. Ex. 12 Guil„ —

Do Account —
Italian 5 per Cent. 1861, Ex. zSi.
Do. Account 451
THREE O'CLOCK.

Consols, Money 931 f
Do. Account, March „ 93} f,

CHAMPIONSHIP OF THE THANE 3.

-410-

COURT OF QUEEN'S BENCH.
(Before the Lord Chief Justice and a Special Jury)

SADLER V. SMITH.
(Continued from the Sun of last Evening.)

Other witnesses were called in support of the
defendant's case, and at its termination,

The Lord Chief Justice said it would be as well
for them to consider what the jury had to decide.
In the first place, this was a watermen's race, to be
rowed according to the rules of boat racing, and
competent persons had informed them that the only
point applicable to watermen's races was that with
regard to fouling. They had the admitted fact
that in watermen's races the start was made with-
out a starter, and by the common consent of both.
There was no such joint consent in this case, and the
referee took upon himself to direct what should be
done. Let them assume for a moment that the re-
feree was justified by the facts in what he had done,
and no ultra vires being charged, it appeared to
him (the Lord Chief Justice) that that was a
question of law and not of fact. That being
conceded on all hands they need not trouble the
jury with it. Assuming that the refer!ee had
the power claimed for him, and thitt he
had an opportunity of satisfying himself by what
he saw that there was an indisposition to start, it
might be further assumed that he rightly exercised
it. Then came the question, what did the referee
order ? He had told them that he ordered Kelley
to communicate to Sadler that unless he started the
other man was to row over the course, and so entitle
himself to the stakes. The first question for the
jury was whether or not the communication so di-
rected by the referee was actually made to Sadler,
and upon that there was a strong conflict of testimony.
The referee said an opportunity was to be given to
start. Was that opportunity given and did Sadler
wantonly refuse ? and that was the second question
of fact for the jury. Then came the last, and a
very important question, viz., whether--assuming
that the order was communicated to Sadler and he
refused to start—the referee, not having within his
knowledge any means of knowing what actually took
place, could without further inquiry decide the
question ? The whole case turned upon the referee's
misdirection in awarding the stakes, and that was
purely a question of law ; therefore all the jury
need be troubled with was whether the order of the
referee was communicated to Sadler, as he intended
it should be ; and whether a fair opportunity was
given to Sadler to start, which was part of the
terms made by the referee.
Mr. Sergeant Ballautine said he should ask the
jury to find specifically whether at any time Sadler
had the bona fide intention of starting.
The Lord Chief Justice said he was disposed to
assume that in the learned sergeant's favour. It
was competent for the referee to form a judgment,
and in point of fact he did so form it.
Mr. Sergeant Ballantine then at considerable
length addressed the jury, contending that Sadler
never intended to row the race.

Mr. Hawkins, haying addressed the jury for the
plaintiff,
The Lord Chief Justice, who was suffering from
indisposition, and had difficulty in speaking, summed
up. He said it was satisfactory to know that the
defendant, who was merely the stakeholder, was
indemnified, and it was abundantly clear that in
point-of fact there was no race, and the first ques-
tion they would have to determine was whether
Sadler ever intended to row. The second question
was whether the decree made by the referee was
communicated to Sadler in such a manner that he
understood it, and could have a fair start. If they
should be in favour of the defendant on both those
points, he still should be of the opinion that it would
not be an answer to the plaintiff's case, and that
nevertheless he would be entitled to recover back
his money, because the referee stood in the cha-
racter of a judge; and although he might de-
cide upon what he saw and upon that
which was brought to his knowledge by fair
and legitimate means, ho held, and ho thought it
only common justice and common sense, that if the
referee acted on the information of others, he should
give both sides an opportunity of being heard be-
fore he adjudicated. It would be better if those who
were appointed umpires and referees had no pecu-
niary interest in the matter, because the public
looked to them for assistance and information in
cases of difficulty, and they ought to be without
bias. With a sad want of judgment, but in perfect
honesty, Mr. Biffen omitted to see the men put in
position, and insist on their starting, but trusted to
an interested man to make the communication to
his opponent. This case would not end here, and
he thought it would have been much better if the
men had rowed the race instead of bringing this
action.

The jury retired at 6 o'clock, and on their return,
at 7 o'clock, gave a verdict for the plaintiff.
The Lord Chief Justice gave leave to move on
points reserved.

The announcement was received with cheering.

MARKETS—(This Day.)

COLONIAL AND FOREIGN PRODUCE.

SUGAR.—The 'market opened with a steady inquiry for
both landed and floating parcels, and rates are firm. No.
12 Flavannab, 25s 3d to arrive and landed. Deliveries
have increased, and the stock is reduced to 53,300 tons
against 70,800 tons last year.
COFFEE.—Stock is 14,910 tons, against 10,030 tons last
year. The supply on offer is small, and good qualities,
being scarce, bring stiffer prices.
TEA.—China teas meet a moderate inquiry at late cur-
rencies. Public sale of Assam have opened with fair spirit.
RICE. —There is still a steady demand for Br.liain ; other
sorts are quiet, but very dull. 1,406 bags white Bengal in
auction bought in at 13s 9d. Stock of rice, 17,900 tons,
against 21,000 tons last year.
SALTPETRE.— Demand is inactive, but small lots continue
to bo taken for immediate orders, at 19s to 19s 4d for good
Bougal.

OlLS.—Linseed is steady at 31s Gd on the spot, but
without much inquiry, English brown rape remains
quoted 36s 6d to 37s ; quiet marke.t.
Turpentine remains in limited demand.
TALLO W.

The Market is quiet a:;4256L1 spot; 423 6d all filo
month; 43s 3d June; 44s last three months.

POTATOES.

The supplies of reallygoodciuTlities are still short, but
with secondary sorts the markets are tolerably well filled.
Prices remain without essential change.
Cattle feed in fair supply at late currencies. Sweder,
40s ; wurtzel, 308.

Greenstuffs come to market freely, and sell steadily at
our last quotations.

COTTON.
LIVERPOOL, March 10.—Market quiet and unchanged.
Sales probably 10,000 bales.