The Sun.
London, England, 1844-11-04 00:00:00

COMMON PLEAS.-(THIS DAY.)

BLACKBURN V. PVGII.—LIBEL.
This was an action for libel, under these circum-
stances :—The plaintiff carried en business as currier
and leather-seller, in Union-street, in the Borough. The
defendant having sold the plaintiff a quantity of goods
on the usual terms of the trade—that is, two months'
credit, and found on the day before the expiration of
that term that there was a sale on the plaintiff's pre-
mises, wrote to the auctioneers, Messrs. Southey, cau-
tioning them not to remove the goods after the sale, on
the ground that the plaintiff was a bankrupt, aid that
his property was sold to elude his creditors. Subse-
quently, however, the defendants, on being paid their
account, withdrew their letter. But the plaintiff was not
satisfied with that amend for the injurious statement,
and brought this action, which wry tried in Surrey
before Mr. Baron Parke. The jar; found fur the plain-
tiff, damages, 501.
Mr. Sergeant SHEA this day moved for a rule to set
aside the verdict as against evidence, and on the ground
of misdirection. The Learned Sergeant contended that
on
e tarni al
acti n
it was provedbanaskrnpty e that
keepingatthe out of the way of
plaintiff had com-
mittedthe defendant on collecting day (that following the sale),
and that the Learned Judge had misdirected in stating
Baron
me Lwhota,ntreientl
to the jury that his absence on that occasion did not
EthFeJcuassTei,casE t
oafpconcurredtpher
imputation,
with f
rtohm Lt
eawr
ehnveeind-
amount to the bankruptcy imputed. This was the only
point in the case.
deuce of the defence itself, that in point factofadd3vi
rfieetditlihniri
est,
acknowledged
creditors,
and
osneoddbl detthhphaeai
that
goodsidimloepurto po accordinglyrffiotehrt
yet heproceeds.
did purposeact
Toa
actually
yep
he withdrew the letter.

The coPafg west thprefore, agreed that the verdict
was goo 4, ands their Lord'ships refused tke rule.
The Court rose'at half-past twaye o'eloc4.

EXCHEQUER CHAMBER.
(THIS DAY.)
(Sittings at Nisi Prins, before Mr. Baron ALDERSON.)
WMILLAN V. SIMMS.
Mr. Jervis and Mr. Ogle appeared for the plaintiff,
Mr. Watson for the defendant.
This was an action on a bill of exchange for 501.,
dated the 14th of March, 1843, for three months, drawn
by a person named Webb on the defendant, and en-
dorsed by Webb to a person of the name of Chandler.
Mr. JEavis stated that the plaintiff was a collecting
clerk in the banking-house of Messrs. Drummond and
Co, Charing-cross, and the defendant a clerk in the
office of the Commander-in-Chief, at the Horse Guards.
The following witnesses were then called by the
Learned Counsel, to prove the case:—
George Edward Cooke, clerk to Messrs. Cox and
Greenwood, the army agents, proved that the bill was in
the handwriting of Webb. The bill was made payable
at the Commander-in-Chiefs office.
John Basterfield presented the bill when it had become
due at the office of the Commander-in-Chief. He saw
the defendant there, to whom he mentioned the business
on which he had called. The defendant desired him to
leave a notice of the bill, and told him that it would be
attended to.
Cross-examined by Mr. WATSON—Had never seen
Simms before nor since. Does not know either Webb or
Chandler. M'Millan resided at No. 4, Oxendon-street ;
he is a porter or messenger at Messrs. Drummond's
bank, and is in the habit of taking out letters and bills.
Mr. WATSON then addressed the jury for the defen-
dant. He said the defendant had held a clerkship in
the Commander-in- Chief's office for upwards of twenty
years. Mr. Webb had been for a great number of years
in the same office. In the course of the year 1843 Mr.
Webb, who had made some purchases of leasehold pro-
perty, was in want of money, and obtained the signature of
the defendant to several bills of exchange by way of ac-
commodation—in fact, Mr. Simms put his name to a large
mass of paper, and had had to pay on account of those
bills upwards of 2,0001. The bill for which the action
was brought was put into the hands of Chandler, for the
purpose of getting it discounted ; but he (Webb)
never received a single farthing. Mr. Webb had been
unfortunate, mil was now an inmate of Whitecross-
street prison. When the defendant stated that the bill
would be taken up, he did so in the belief that Mr.
Webb, in whom he had confidence, would take it up.
He (Mr. Watson) could not understand why so much
time had been allowed to expire before the action was
brought. The bill became due on the 17th of June,
1843, and the action was not brought until June in the
present year. if the transaction had been a bona fide
one, it was unlikely that the matter would have been
allowed to rest for twelve months. He should call Mr.
Webb before the Court.
Mr. George Webb was then examined. He said he
was formerly a clerk in the Commander-in-Chief's
office. He had been there 35 years. Mr. Simms ac-
cepted several bills for his (Webb's) accommodation, and
he paid him nothing for them. He (Webb) took the bill
to Mr. Chandler, who at that time was a bill discounter,
and resided in Bury -street, St. James's.
Mr. WATSON—Did you ever get one farthing for the
bill ? Witness (emphatically)—No.
Cross-examined by Mr. JERVIS—IS an inmate of
Whitecross-street Prison. Was dismissed from the War-
office about six months ago. Why were you dismissed?
\S itness—Out of matters which arose out of these trans-
actions. Was it not for putting Simms's name to bills
to the amount of 2,000!.?
Mr. Baron ALDERSON (the witness being embarrassed)
—You need not answer that unless you like—it is a very
awkward question. If you answer it in the affirmative
you will be sent to Newgate.
Witness—Am I obliged to answer it ?
Mr. Baron ALDERSON—No.
The witness accordingly did not reply to the question.
The jury then returned a verdict for the plaintiff, for
531. 9s.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner GOULBURN.)

THE ROMEORD BANS-•-IN RE JOHNSON, JOHNSON, AND

MANN.
This being the day appointed for the adjourned ex-
amination
of the bankrupt, the ex-Alderman Thomas
Johnson, the various interested parties were in Court,
when,
Mr. LANGIIAM, solicitor for the bankrupt, made an
application for a further adjournment. He said that
owing to the age and infirmities of Mr. Johnson, the ac-
counts were not yet in that satisfactory state that he
should wish them to be in, when presented to that Court..
Mr. Johnson had been most unremitting in his exer-
tions, and was keenly alive to the importance of ex-
hibiting the state of his affairs in the most
plain and satisfactory manner. He particularly
wished to do away with the impression endea-
voured to be prodnced on the last examination, that he
had made away. with (for his own purposes) bills to the
value of 13,3831, and cash to an amount of 12,7351. He
(Mr. Langham) was happy to assure his Honour that
every shilling of those sums could be accounted fie in
the most lucid manner. He was instructed that these
accounts could bear the strictest investigation. The
bills already alluded to were in number about one hun-
dred and forty, and the question had, on the last exami-
nation, been put to Mr. Johnson, " What did you do
with these r It was impossible that he could distinctly
and at once answer for every transaction, and standing
over a period of thirteen years, but he would on the next
adjourned day be able to give dates and particulars for
each of these.

Mr. Commissioner GOULBURN thought that Mr. John-
son's son, his partner, might have assisted in making out
and arranging these accounts.
Mr. LANCHAM said, that unfortunately Mr. johnsim%
n.. ut weaK intellect, and, therefore, quite incompe-
tent to assist iu the matter. In fact, he was under the
care of a gentleman at that time.

His HONOUR remarked that the creditors of the bank
were rather unfortunately placed. Mr. Johnson himsel►
being so unfitted by age and infirmity; his son, as they
were then told, by mental weakness, and the other
partner, Mr. Mann, from ignorance, to explain the proper
state of affairs.

Mr. LANGHAM said Mr. Mann was culpably negligent.
His HONOUR requested that Mr. Langham, standing as
solicitor for Mr. Thomas Johnson, would refrain from
any observations against Mr. Mann. What time did Mr.
Langham require in order to produce the accounts ?
Mr. LANGHAM thought that in two months the ac-
countant would be prepared, and the official assignee
would probably require a month more to examine those.
After some further conversation, the matter was
further adjourned till the 3d of February.

MIDDLESEX SESSIONS.
(THIS DAY.)
(Before the ASSISTANT-JUDGE and a full. Bench of

Magistrate s.)

I October
thisday, a
Quarter sessionstthe
fortheCo
Court-house, c
untyoiefrbklein.
well-green,
d-
!hge xreen commencedfor the purpose of disposing of parish appeals,
and lsl
appeals against convictions pronounced by several of
d
the metropolitan police magistrates, and to Lear a few
cases of felony which stood over, by adjournment, to this
day. The number of appeals on the list amounted to 28.
JUVENILE DEPRAVITY.—John Harrison, a young
urchin, about eleven years of age, whose head was
scarcely visible above tbu railing of the dock, was in-
dicted for and found guilty of having stolen a quantity
of wearing apparel, under circumstances of remarkable
daring and cunning, considering his extreme youth.
It appeared that articles named were exposed for sale
outside the shop of the prosecutor, and the prisoner was
observed lurking about the place for a long time. At
length, availing himself of an opportunity when he
thought he was unperceived, he cut tile cords by which
the clothes were tied, and ran off with two coats and a
waistcoat, but was eventually stopped at the corner of
Gray's Inn-lane.
In reply to the Learned Assistant-Judge,
Lieutenant Tracy, the Governor of the Westminster
Bridewell, stated that the prisoner was a most incor-
rigible young rogue ; although so young, he had been
convicted of felony, under very aggravated circum-
stances, three times, and twice or thrice summarily con-
victed by the magistrates.

The Learned ASSUTA.NT-JUDGE said, such being the
case, the only course open to the Court was to send the
prisoner out of the country. The sentence, therefore,
upon him was, that he be transported for seven years.
Three men, named Hughes, Welford, and James, were
found guilty of stealing a large quantity of boots and
shoes, and sentenced to six months' imprisonment, with
hard labour, in the Westminster Bridewell.

LLOYD'S SHIPPING.--('THIS DAY.)
LONDON, Nov. 4.—Wind this day at noon, northerly,
fresh breeze, and cloudy.
PORTSMOUTH, Nov. 3.—Wind N.E., fresh.— Arrd.
Brightman, Hoof, Antigua ; her Majesty's steamer
Vesuvius, Mediterranean; Blixten, Virginia, for Rotter-
dam ; Afra, Villa Neva, for Am.terdam, leaky, with loss
of sails, and two men overboard. Sld. Margaret Parker,
Tobago.

WEYMOUTH, Nov. 3.—The William and Mary, Beale,
hence to London, drove ashore on Portland Beach last
night; she has .received no damage, and is expected off
when the weather moderates. The revenue cutter Ade-
laide came ashore on the Sands this morning, but was
assisted off with damage, and is now in the harbour.
BRIDLINGTON, Nov. 3.—For the last four days it
has blown a gale from S.E. by E. This morning it is
blowing a heavy gale at E. Several broken spars, some
branded " Cygnet, of Whitby," have come ashore. The
Duncannon, of Sunderland, ft om St. Petersburgh to
London, drove on the beach half a mile to the southward
yesterday, and is expected to become a wreck—crew
saved. A vessel, ketch-rigged, is riding heavily under
the Smitick Sand.

HARTLEPOOL, Nov. 2.—lt is blowing a heavy gale
from S.E. The Eleonora, from Gothenburg, got to lee-
ward of the Channel in making this port, and drove
ashore this afternoon near the entrance of the harbour.

WARKWORTH, Nov. 3.—The Iris, of Whitby, from
Dantzic to London, was driven ashore on Boulmer Rocks
this morning during a heavy gale from S.E., and is likely
to become a wreck if the weather continues stormy—
crew saved.

FISUGUARD, Nov. 2.—Two brig,: and three schooners
anchored in this bay yesterday, it blowing strong from
east and by north. One of the brigs and ono of the
schooners are ashore on Goodwich Sands. The life-
boat has gone to their assistance. The other brig and
schooners remain at anchor.

YARMOUTH, ISLE OF WIGHT, Nov. 3.—The Osprey,
from Port Talbot, to London, ashore on Pennington Spit
Ist instant, got off yesterday with trifling damage. It
is blowing a gale at east.
SOUTHAMP'7ON Nov. 2.—Arra rs
ac ha
nsteamer, Gib-
-71....a.1-le.t.t 25th ult. Sld. Tay steamer, West Indies.
3. Great Liverpool steamer, Alexandria.
OFF TORBAY, OCT. 31.—Toy 3,`4P-1), Madeira, out
twenty eight days.
DAtimixouTg.--:Arrd. S. Oravehhaage, Mulenattr, Ba-
tavia, Tor Rotterd44l,

PLYMOUTH, Nov. 3.—Wind N.E. by E.—Arrd. Equa-
tor, Kurst, S.,riearn, for Po tt-f
Balm:tam, Nov. 2.-1 he U. o Irmo
Shields, to Axmuuth, parted her anchors in the bay
during a heavy gale at south-south-east, and drove
ashore at Elbury Cove, where she lies waterlogged and
embedded in the sand; part of materials saved.
HOLYHEAD, Nov. 2.—Last night, and to-day it has
blot% n a gale from E.S.E.—The Eclipse, Cook, from
Ipswich to Liverpool, sank in the harbour list night,
supposed to have struck on an anchor. The Lirerpool
sloop Endeavour, and Fairy Queen, of Woodbridge, are
both making much water, having stranded in taking the
ground.
SHEERNESS, Nov. 2.—lt blew a gale last night and
this morning, at E.S.E.—The Navarino, Harris, from
London to Lynn, lost anchors between the Maplin and
Middle lights, and is now riding in the harbour by an
anchor and chain supplied her.
FALMOUTH, Nov. 3.—lt blew a violent gale with
tremendous squalls yesterday from 4 A.M. till noon,
when it moderated, veering from N.E. to S.E. The
shipping in port rode without accident.
MILFORD, Nov. 2.—The George, Shearer, from New-
port to Dublin, struck the ground during a heavy gale
from S.E. yesterday, became leaky, ran for Hubberstone
Pill, missed stays off the point, and drove on the rocks,
where she filled—crew saved. It is blowing a gale
at S.E.
SOITTHWOLD, Nov. 2.—The Barnard buoy, with ball
and staff attached, has been washed ashore at Gaston,
also a wreck buoy, supposed from a vessel sunk in
Barnard Channel. It has blown a heavy gale from
E.S.E. since Saturday. The Traveller, Talbot, is
ashore on the south beach, crew saved. Two casks of
oil and a number of loose hoops have come ashore during
the night. •
GRIMSBY' Nov. 2 —The Newport, of Montrose, from
Stettin to London, with grain, came ashore this morning
about four miles to the N.W. of this port, with loss of
anchors, and two feet water in her hold, but is expected
off after discharging part of her cargo.
ALDBOROUGH, Nov. 3.—The Johann Caill, of and
from Hamburgh, drove ashore here 3 esterday during a
heavy gale from the E., and has become a total wreck ;
crew, stores, and part of cargo saved.
Hum., Nov. 3.—lt is blowing a gale from E.N.E.—
The Bull floating light broke from her moorings yes-
terday, and is now riding in Grimsby roads. A schooner
is reported ashore at Clee Ness, and another at Stalling-
borough.
LIVERPOOL, Nov. 2.—lt blew a heavy gale last night
and this morning from the East. Nov. 3.—lt is more
moderate to-day, but still blowing a gale.—The Eleanor,
from Tampico, drove ashore near the magazines, and the
Sea, Edwards, in Bootle Bay; both, however, came off
on the flood this afternoon without apparent injury.
CORK, OCT. 31.—The Heywood, from Liverpool to
the Coast of Africa, has put back to this port leaky, and
with foremast and mizenmast sprung, having encoun-
tered heavy gales in lon. 11.
LEITH, Nov. 2.—lt is blowing a heavy gale at E.S.E.,
and several vessels in the roadstead are driving.
WORKINGTON, OCT. 29.—1 t has blown a gale the last
t 5473 days from S.S.E. to E.
SHIELDS, Nov. 2.—The following ships drove on the
bank at North Shields last night and this morning during
a heavy gale at S.E.:—The Magnet, of Bristol, for Cal-
cutta with a general cargo ; the Sovereign and Gren-
ville Bay, both hence coal laden, for London ; the
Alberdine, of Brake, and the Elswick of this port, both
with coals. The three former have come off, the two
latter remain.
PLYMOUTH, Nov. I.—Sld. Camden, Ichaboe. Arrd.
2d. Pilot, Hall, Quebec.
FALMOUTH, Nov. 3.—Wind N.E., strong breezes.
Arrd. Oberon, Montreal. Sld. Hiram, Madeira and
Havannah.
JERSEY, OCT. Sl.—Sld. Isabella, Rio Janeiro.
SCILLY, Om 31.—S1d. Dispatch, Ichaboe.
LIVERPOOL, Nov. 2.—Wind E., gale; 3d, do., a mode-
rate gale.—Sld. Ist, Esk, Bahia. 2d, Lucas, China ;
Muzapore, Calcutta; Francis, Speight, Bombay ; Eve
and Renovation, Ichaboe ; Plata, Buenos Ayres ; Dy-
son, Pernambuco ; Helen, Hamilton, Trinidad; Rudolph,
Jamaica ; Huron, New Orleans ; Kingston, Savannah.
3d, Governor, Jamaica ; Lea, New York.
BEAUMARIS, Nov. 3.—Arrd. Columbus, Green, Per-
nambuco.

OFF HOLYHEAD.—Amity, Bombay.
CLYDE, Nov. 2.—Sld. Lady Harvey, Ichaboe ; Agnes
and Richard Brown, Trinidad ; Scotland, Demerara.
Conic, Nov. I.—Arrd. Matthew Pearce, Ichaboe.
LEITH, Nov. 2.—lt is said that the case of piracy and
murder, with regard to the Pomona, of Glasgow, in the
Gulf of Florida, is without foundation.

MARKET NEWS.-(THIS DAY )

CORN-EXCHANGE-MONDAY.

The returns for the past week show moderate ar-
rivals of English Wheat, with a great increase in the
receipts of all kinds of Barley, from our own coasts, as
well as from abroad. Of other kinds of Grain, the re-
ceipts were only moderate. Fresh up to our market,
the supplies of Wheat, coastwise and by land-carriage,
were by no means large, yet we had a fair quantity on
offer. The attendance of buyers being rather numerous,
the sale for that article was very steady, at prices fully
equal to those obtained on Monday last, and at which
a good clearance was effected. The general quality of
the Wheat was good. Of Foreign Wheat, free
of duty, the show was not large. The best
descriptions commanded a ready inquiry, at very full
prices. In other kinds comparatively little was doing.
All kinds of Corn, under lock, were a mere drug, but
not cheaper. The supply of Barley was large, particu-
larly of Foreign, which, being of superior quality. i•
af,,eution vi buG meltatere. All kinds,
from the extensive quantities brought forward, were
heavy, at a (I, cline of Is to 2s per quarter, from the cur-
rencies obtained on Monday last. The best Chevalier
Malt maintained its value ; but other kinds were very
dull. The supply of Oats was only moderate, while the
trade was steady, at full prices. In Beans—the business
'king in which was not large—we have no alteration to
notice. Grey Peas were is per quarter higher. In
other kinds, as well as Flour, no variation was noticed.
CURRENCY PER IMPERIAL MEASURE,
WHEAT—Essex & Kent,
I MALT—Chevalier,,,,,.,,, ft—la to
red..« ....... . 40s to 488'0s:11—Yorkshire and
Ditto, white ..... 60. to 65s Lincointh., fced 23s to
Norfolk and Lin- Potatoe
coin, red 39s to 46s Youghall and Cork,
Ditto white 4os to 538 black
Irish, red 478 to 595, Cork, white
Ditto, white
RYE—Old ......... thoi to 333 268 to 30s
New 368 to 38s Pigeons 338 to 35
Stater—Grinding '2Bs to 328 PLUS Grey
Malting
Chevalier 358 to 38,1 White 35s to :39s
Nor. - 1_ 80i1er5........... 32, to sss

---
- - folk
Brown 50s to 5451 Buffo k......', ~,,,, .., 34s to al
Kingston and Ware 5* to 625; Stockton dcNortolk 33s to a,,
FOREIGN GRAIN AND FLOUR IN BOND.
WnsAT,,Datitzic ..., 4Ss to 56s BEANS .... ..... ......... ..... 20s to 26
Hamburgh 36s to 40LP‘As. 238 to 97,
BARLEY 3os to 33srona—American
OATS—New ......... ...... 14s to 18s Baltic
Feed 144 tc. NI