The Sun.
London, England, 1844-06-06 00:00:00

THE QUEEN V. THE CORPORATION OF SANDWICH.
The SOLICITOR-GENERAL in this case moved for a manda-
mus to compel the Mayor, Aldermen, and Corporation of
the borough of Sandwich to pay certain costs attending the
application for a mandamus made on behalf of Murillion,
who had been town-clerk of the borough. This gentlemen
had been removed by one of the political parties of the
borough, and he applied to the Corporation, under the Mu-
nicipal Act, for compensation. They having decided
that he was nut entitled to it, an application was
made to the Lords of the Treasury, who decided that
Mr. Murillion was entitled to sixty pounds a year. Not being
satisfied with this, he applied to the Court of Queen's Bench
who decided that the Lords of the Treasury had no power to
grant compensation where the. Corporation had decided that
none was due. Mr. Murillion afterwards applied to the Cor-
poration, who decided that he was entitled to 60/. a year.
On application to the Lords of the Treasury a second time,
they, on fuller investigation, decided he was entitled to 112/.
a year. The present application was to compel the Corpora-
tion to pay the costs of the former mandamus, which was
decided in January, 1842. There were two objections which
he (the Solicitor-General) felt bound to mention to the Court.
One was the length of time which elapsed since the decision
of the former mandamus was given. The other objection
was, that the Court did not grant the mandamus in the
terms it was prayed for by Mr. Murillion.
The Court considered the second objection was fatal.
Rule refused.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
11URON V. TIE. 110 N. CAPTAIN PENMAN.
This case which occupied the Court during the whole of
yesterday, when it was adjourned until to-day, was resumed
at the sitting of the Court.
It was an action for trespass brought by a subject of the
Queen of Spain against the Hon. Captain Denman, for seiz-
ing, taking, and releasing a number of slaves, and seizing and
destroying certain bills of exchange and various articles of
merchandise, the property of the plaintiff, at Galinas, on the
coast of Africa.
The defendant pleaded, in justification, that ho was the
Captain of her Majesty's ship the Wanderer, and was com-
manded by her Majesty, in pursuance of a treaty with
Spain for the suppression of the slave trade, to use the
force under his command for preventing that illegal traffic,
and that the slaves in question were natives of Africa, reduced
to slavery by force, and duresse, and that it was illegal, and
contrary to the treaties, to traffic in slaves, and that the
plaintiff had procured and become,possessed of the slaves in
question for the purpose of carrying on the above trade,
and of having them transported beyond the seas. As to the
bills of exchange, and other
,property destroyed, as
alleged in the declaration, the defendant pleaded that
such property was collected by the plaintiff for the
purpose and with the intention of carrying on the traffic
in slaves, contrary to the provisions of the treaties, &c.,
and that the defendant acted by command of her Majesty in
destroying the said bills of exchange and other property. To
these pleas the defendant replied, that the place where the
alleged trespasses were committed was not within the posses-
sions of her Majesty the Queen of Spain, or of her Britannic
Majesty—nor was it on the high sons, but upon land on the
coast of Africa. To these declarations there was a demurrer.
Sir Thomas Wilde yesterday appeared to support the de-
murrer, and contended that the defendant was not liable to
an action in a court of law, and argued at some length that
he was entitled to judgment on the demurrer.
Mr. Kelly, for the plaintiff, admitted that if there was no
Act of Parliament to justify the seizure and destruc-
tion of the plaintiff's property, it could not be justified
at law. The treaty between the two countries offered
no justification for the trespasses complained of, and
were committed where the treaty did not apply ; and
that it could have no effect beyond the dominions of the
Queen of Spain and the Queen-of England. It was mon-
strous to suppose that because the plaintiff intended to trade
in slaves with bills of exchange, d British officer was at
liberty to seize and destroy them. He further contended,'
that the pleas were bad, and that the judgment must pass
for the plaintiff in the demurrer.
At the sitting of the Court this morning,
Mr. Baron PARKE suggested to Sir Thomas Wilde the
alteration of the pleas respecting the authority under which
Captain Denman acted. He merely threw out this sugges-
tion for his consideration. He might take time to consider,
and bring the case before the Court again.
Sir T. WILDE said he would avail himself of the opportu-
nity which the Learned Baron had afforded him, and resume
the case on Saturday.
THE-RUNNING REIN CASE.
COL. PEEL V. WOOD.
The Learned Counsel on behalf of the parties in this case
respectively applied to the Court to frame the issues, and to
decide between the parties, also who should be the plaintiff
and the defendant in the action now pending, and where the
case should be tried, whether in the county of Surrey, in
which the venue was laid, or in Middlesex.
Mr. PLATT, who with Mr. JAMES, appeared for Mr. Wood,
said, that no difficulty would arise in respect to the wording
of the issue. The question of dispute was, that " Running
Rein " was not of the requisite age at the time when ran for
the Derby stakes.
After a good deal of conversation between the Learned
Counsel,
Mr. MARTIN (on the part of Colonel Peel) applied to the
Court to have the issues to be tried framed in the following
manner, in which the Court agreed to :—Whether Running
Rein was foaled in the year 1841, whose sire was "Saddler,"
and whose darn was " Nab." And that Mr. Wood on the
trial be at liberty to give in evidence the declarations of Abra-
ham Leivite Goodman, if it can be shown that he is interested
in the stakes. The time and Court in which the case should
be tried was then argued. Mr. Martin contending that if
the action was tried in Middlesex, a great saving in expense
would be effected, and that great expense would be entailed
on the parties if it were tried in the county of Surrey.
Mr. Platt and Mr. James contended that the action ought
to be tried in Surrey, where the cause of action arose, where
the witnesses resided, and whore there was every probability
of the parties having a fair trial.
The Learned Barons having consulted for some minutes,
Mr. Baron PARKE said that he thought the case ought to
be tried in Middlesex, and that ene of the Barons would try
it in the sittings after term, but he could not name the day
on which it would be taken.
Mr. OGLE then applied, on behalf of Messrs. Weatherby,
who held the stakes, which originally amounted to 3,6001.,
but which, since the commencement of the action, have been
considerably augmented by various large. sums which they
have received, to be no parties to the action, and to be allowed
their costs.—The application was acceded to by the Court.

MARKET NEWS.-..(THIS DAY.)

HAY Frl.rt*iTs.

• SMITHFIELD.--Coarse Meadow flay,3l3s to 31 lOs ; use-
fid ditto, 31 12s to 4/; fine Upland ditto, 41 4s to 41
lOs ; Clover Hay, 41 to 5/ 103; Oat Straw, 1/ Ss to I/ lOs ;
Wheat Straw, 1/10s to 1112 s per load, Both Hay and Straw
sold briskly, at very full prices.
CUMBERLAND.—Coarso Meadow Hay, 31 8s to 3115 x; use-
ful ditto, 3/ 18s to 41 53; fine Upland ditto, 416 s to 4/ 128;
Clover Hay, 41 to 5155; Oat Straw, 1/8i to 1/103; Wheat
Straw, 1/ 10s to 1113 s per load. Supply but moderate, and
trade active. Prices on the advance.
fine Upland ditto, 41 4a to
WHITECHAXEL.—Coarse Meadow Hay, 3/ 5s to 31 15s;
; Oat Straw, 1/ Bsto 1/ lOs ;
Wheat Straw, 11 103 to 11 12s per load. A moderate
to
4l
supply, and a ready sale.
elf(s useful
; ditto,C oe 31r
Hap,lCs 4t 0451t20 8;
Si 108
MEAT 117.A.RHEITS.
a
SOUTHALL, JUNE s.—For the time of year, we had rather
2
an extensive supply of each kind of fat stock on offer to-day,
whiled4scp;r Lesatsimeidebgr, ae4tislees6rd:alt doßeensel:;a6lfirddo;lns 8d to 3s 10d ; Mutton, 3s to
s heavy, at, in some.instances,
Veal, 3s 4d to 43 64; , an d Pork,
33 to 3s 10d per 81bs, to sink the offal. Supply= feasts, 40;
Sheep:and Lambs, 3,649 ; Calves, 60; pigs, 54. t.
ROHFORD, JUNE s.—Prime Downs were in demand, at
very full prices. In other kinds of stock comparativelylittle
was doing.—Beef, from 2s Bd.to 3s 10d; Mutton, 2s 6d to 4s;
Lamb, 4s 8d to 5s 6d ; Veal, 3s 6d to 4s 6d ; and Pork, 2s 10d
to 3s 8d per Sibs. Sucking Calves, 18s to 28s; Quarter-old
Store Pigs, 16s to 20s ; and Mitch Cows, with their small
calf's, 16/ to 191 each.
LEWER, ,Text; 4.—Beef, from 2s 10d to 4s; Dlutton, 3s to
4s 2d ; Lamb, 4s 6d to 53 4d ; Veal, 3s 4d to 4s 2d, and Pork,
33 to 3s 6d per Blbs. Supply but moderate and trade dull,

CORN AVERAGES.
GENERAL AVERAGE PRICES OF SMASH CORN.
For the Week ended :Jung 1. it 44, made up from the Returns of
the Inspectors in the different Cities and Towns in England arid
Wales. per Imperial Quarter.
Wheat 5Sa. Oats ...... 21s. 7d.1 8ean5......... 31s. led
Barley 3os. 9d. RP, ...... Od Pease 3.35. 4d
AVERAGES or THE LAST six WEEKS.
Weeks ending: WIIZAT. DAILEY.' OATS. I BEANS.

55 6 32 7 20 1 al 2! 31 4
55 3 31 8 20 1 .300,1131 9
55 1 31 5 20 5 51, 4132
55 10 31 1 21 0 31 20 33 3
55 10 30 7 21 2 31 7 33 11
55 6 30 9 21 7 34 0 34 10
AGORSGATE A‘NRACINIII Of Wit FIX W
5 I Oats •••. 2o*. 2,1.1
la. 4 Rye
Od
Barley is. Ocl. Bye
Wheat .......-174.1)0411T. I 1110 s coil.

TEASE

April 20
27...
May 4 .....
11

IMPERIAL
Wheat 5.
Sarley 3

30 8
31 1
32 3
31 8
31 7
33 4
!MKS
2. lid
Is. 9d.

10, 6d.
10• ed

LLOYD'S SHIPPING.;--(THIS DAY

-
LONDON, JUNE G.—Wind S.W., light breeze, with rain.
BRISTOL, Joins s.—Arrd. Anna Maria, West, China;
Chebar, Harrison, Calcutta; General Colston, Lovell, Ashan-
tee ; Lovell and Timbuctoo, Davis, Africa Pomona, Smith,
Trinidad; Adelaide and George, St. Vincent's.
DEAL, JUNE s.—Wind S.W., moderate—Arrd. Duke of
Roxburgh, Hobart Town ; Eleanor, Barnet, South Seas ;
James Campbell, and Harmony, China; P%latine, Gardner,
Batavia; Princess Sophia, ditto for Amsterdam; Jonge Jan,
ditto for Rotterdam; Falcon, Bombay'; Louise Sophie, Bahia
for Hamburgh ; Nickerie Packet, Nickerie for Amsterdam ;
Mary, Porto Rico for Bremen ; Borna and,Fiction, Havannah
for Ilamburgh ; Harriet and PremiejeVamaica ; Brothers,
and St. James, New York ; Fortuna, ditto for Antwerp ; En-
chantress, Phillips, St. John's ; Florence,'Webster, Madeira.
Sid. Kingsdown, South Seas, and seviral of the outward
bound.
FALMOUTH, JUNE s.—Wind S.S.W.; fresh breezes, and
cloudy.--Arrd. Guthridge, Ichiboe; Plillometer, Bell,;Buenos
Ayres ; Cornish Diamond, Hodge, Port Republicain. Off,
Herald, Jones, and Europe, Longwood, Ichiboe; John Peat,
Guthrie, Rio Grande; Vanguard, Sabeston, Ichiboe; Mar-
quis Breadalbane, Reid, Callao, sailed Jan. 2. A large
barque ofabout 450 tons, coppered, is now entering the port
with loss of fore and mainmasts.
PORTSMOUTH, JUNE s.—Wind W.S.W. to S.S.E.—Arrd.
Her Majesty's.ship Pearl, Rio, and sailed East. Sld. Royal
Albert, China. Off, Plantagenet, Dornett, Calcutta, left St.
Helena April 18 -;.•Vernon, Gimblett, Calcutta, left Cape
April 10, St. Helena, 2.1 d; Maidstone, Nash, Calcutta.
COWES, JUNE fa.—=Acrd.. Soboken, Bahia ; Princeton and
Cherokee,
Matanzas;
Grade Darling, Madeira.
OFF SALCOMBE, 'JUNE 3.—Van Spyck, Surinam,. for Am-
sterdam.
PLYMOUTH, Ran 5. —Wind S.W. —Arrd. Bowes of
Streatham,
Fleming, Sonabaya; Golden Spring, Ichiboe.
OFF THE LIZARD, JUNE 4.—Emma Jones, China.
CLYDE, JUNE 1.--Sid. Jean Baptiste,,,Buenos Ayiies ; Maria
Brennen, St. Thomas's ; Lyra, Jamaica ; 3d, Abigail, Montreal.
OFF WHITEITAVEN, JUNE 4.—Royal Archer, Ichiboe.
LIVERPOOL, JUNE S.S.E. to S.S.W.—Arrd. Ann
and Jane Smith and Blorage, hawks, Calcutta; Peruvian,
do. ; Sir John Burford, Treadwell, Ceylon ; Vibilia, Ichiboe ;
Golden Fleece, Hubbock, Bahia ; Violet, Paterson, Porto
Rico ; Glengariff and Jamaica; Jamaica.;
Abbot Lord, Aure-
lius, Bora Lea; British King, uarkav,-ay, Lamport, Lord
Sandon, Oromocto, and Pioneer, New Orleans ; England and
Gertrude, do.; Britannia, Williams, Texas; Ritson, Johnson,
Savanil la ; Coronation and William Goddard, Mobile ; Charles
Joseph, Caroline, Envoy, Laurel, and Tamerlane, Savannah;
Enterprise, George Canning; and Huron, Charleston; Ash-
burton and Robert Isaac, New York; Elizabeth Bentley, St.
John's, New Brunswick. Off, Lord Althorp, Calcutta ; Su-
sannah, Coiling, La Guayra ; St. Vincent, St. Vincent ; Sarah
Trotman, Barbadoes ; Lydia, Antigua ; Yorkshire, New
York; Otterspool (supposed), Calcutta • Elizabeth (ditto),
Balnio, Africa; Calder, Singapore;
Bombay; Chieftain, Fenella, and Woodville, —. Sid.
Rio; Grace, Brown, Baltimore;_ Champion, Philadelphia ;
Potomac, Boston ; Blake, Kitty, Lord Seaton, Quebec ; Aber-
deen, Montreal. Magellan, Lima ; Siluas,
PunalonE, JC.N4 3.—Sarah stewart, Charleston.