The Sun.
London, England, 1845-12-05 00:00:00

DECEIVIBER 5, 1845.

^'~ w.

it has been even alleged that Government is in possession
of information which proves such alarming assertions to
be well founded. Now, whatever may be thought of
their own dignity by men in office, and whatever may
be the contempt they entertain for the individuals
who harangue at Anti-Corn-law meetings, or who
write in newspapers, it surely is a serious practical matter
that a general impression of. the probability of scarcity
or famine should be produc ed, if there be no good foun-
dation for it. We ourselve is believe that there is none.
We believe, that notwithstanding the spoutings of Mr.
Cobden and his set at public meetings, notwithstanding
the acknowledged writing of Lord John Russell, and
the anonymous writings of others in newspapers of great
circulation and influence, that there is no good founds
tion for the alarm about probe ble famine, and that the
speakers and writers to whom 'ave allude have themselves
no belief in the probability of Vie calamities which they
prophesy. We believe that alt these forebodings are
published merely from a wish to do mischief to political
opponents, or to serve certain ends which are not likely
to be served by the promulgation of truth. But our
belief is not the belief of the multitudes who
listen to Anti-Corn-law harangues, or who read
the, articles 'l>f Lord John R assell, or other men, in
the newspapers which favour the viows of the Anti-
Corn-law League. It cannot be that the Government
discerns no mischief in the wide circulation of un-
founded apprehensions. But the Government does
nothing in any way to set the public right, if indeed it
be wrong to think that famine is probable ; and if it
be not wrong, then the Government should before now
have interposed with cautions and directions suitable to
such a state of things. It may bet said, that the public
may very well be left to judge for themselves of what is
true and what is untrue, in regrerti to the probability of
scarcity. We deny, however, sha tit is safe to leave
the public to their own errors, and their own means of
finding out errors in such matters.. We know how much
it is the fashion now for Gove raiment to leave every-
thing to " find its own level." Falsehood, avarice, au-
dacity, are not to be interfered with. Government is
merely to give away places, and to allow the people to
struggle as they may, the str' mg with the weak, the
wealthy with the poor, the crafty with the simple.
There is to be no interf :Fence, for it is the
law of liberality to allow sue h things to find their
own level. We believe that su. :b. liberality must come
to a ruinous end, and thereforei we protest against it.
It is a mistake to suppose that the good sense of
the people is enough to protect them against being ins •
posed upon by misrepresentativn. The newspapers
which venture upon misrepresents tion know the public
better. The Times of yesterday,, for instance, quotes
speeches in its leading article wi th a view of showing
that bread is at this moment half as dear again as it
was last May. The Times vetnu:coos upon this, although
well knowing that every one in. London who will take
the trouble of looking at the 1 takers' bills, or of in-
quiring of his wife or housekee,aer what the price of
bread was in May, and what it iis now, must discover
the untruth. But readers will not take that trouble.
They will assume the fact, becartse their prejudices are
in favour of some measure to whi eh the fact is supposed
to lead. The Times says much about the large aggre-
gate sum paid every week in alio United Kingdon
for bread, beyond that which a its paid this time last
year. This difference is cited as an overwhelming
argument for repeal of the corn-laws. True,
it is not shown that the 'repeal of the corn-
laws would lessen the pre sent expenditure by
a single penny ; but that is ,:assumesi, and hasty
readers swallow the assunxp tion. It is true
also, that in December, 1839, w heat was much dearer
than it is now, and employment craich more difficult to
be obtained, and the corn-law lin posed much heavier
duties than it does now ; and yet a t that time the Times
did not make any clamour about tl ie necessity or expe-
diency of establishing free trade i n corn; but readers of
the present day do not remember- that. They imagine
that the Times writes as it does fa-om established prin-
ciples of political economy, and fro: m a sincere view of
that which is needful for the public safety. Thus are
the public deluded, and the Government looks on and
does nothing but hold Cabinet Corm cils which the Times
says are for the purpose of considering " whether there
is a sufficient likelihood of a sea rcity to call for any
special precautions." We believe t that the Times does
not know what has been done at re :e nt Cabinet Councils,
or what has been considered, morel than it does of what
happened on any of these days ills. the moon; but the
assertion is made, and there is nothittg to guard the pub
lie against being misled.

THE HOTTENTOTS OF AGRA
PEQUINA, &c.
(From the African Guano Trade.)
The Hottentots are a race of small people, seldom ex-
ceeding five feet three or four inches. 1. hey are thin
and attenuated, their skin, even in the younger ones,
being shrivelled and rough. They have square counte-
nances, high cheek bones, a flat nose, deeply sunk within
the facial line, small eyes, not at all prominent, a large,
wide mouth, with the under lip generally thick. Their
teeth are dark, often decayed, and irregular. Their
heads are not at all intellectual. Their feet and hands,
however, are small, and beautifully formed.
When first met on the coast they evidently bad been
in the habit of occasionally communicating with ships.
They invariably possessed a steel, although they ha I no
foreign weapons.
On first visiting them on shore they received us with
looks of the greatest apathy and indifference, evidently
waiting for the first advances to be made; they were in a
sitting posture; the weight of the thighs resting on the
legs above the heel. It is somewhat singular that this is
the manner and attitude in which a New Zealander inva-
riably receives strangers, considering' it a mark of re-
spect towards them. On approaching and shaking hands
with them they soon seemed at ease, quickly asking for
water and tobacco. They had no weapons with them,
having, as was afterwards discovered, hid them amongst
the rocks: they always have a great number of dogs.
Their women never appeared, and, during all our inter-
course with them, they were rarely seen. Whether this
proceeded from a natural timidity, or arose from former
ill-treatment, it was difficult to determine. It is, how-
ever, believed to have been from the latter cause. They
seem to be capable of taking in at once a week's pro-
vision. When first met with, two of them were brought
to the vessel, and it certainly seemed as if it was impos-
sible to sati,fy them with food; and the complacency
with which they patted their stomachs, extend, d in a
most extraordinary manner, showed how much they
seemed to enjoy their feed. They were very fond of
smoking, and often asked for tobacco. When first met
with they used a wiry sort of grass, but invariably pre-
ferred tobacco.
Having one day, when two of the men were on board,
observed some others amongst the rocks at a distance in-
land, and supposing them to be women, who, at this
time, had not been seen, the men were accompanied on
shore, from which they did not seem inclined to start.
On walking about, however, the recent foot-print of a
child was discovered, which, when pointed out to them,
seemed to agitate them considerably. Determined, if
possible, to see their dwelling, the foot-prints were fol-
lowed, the natives also coming, but evidently displeased.
About one mile from the beach two rude huts were seen,
with all. their weapons and property. The women and
children, however, were gone, which seemed as much to
astonish the natives as to disappoint us. One of them
ran at once to the place where the fire had been, pushed
his hand amongst the ashes, and, feeling no heat, seemed
at once overwhelmed by passion and disappointment
After many apparent violent expressions and gestures
he quietly sat down, filled his pipe with a wiry-looking
dried grass from a skin bag suspended from his neck,
and, smoking a few seconds, became quite excited, pre-
senting exactly the same appearance as an opium-
smoker. After the excitement his oyes, at first rolling
about like those of a maniac, became fixed, and he
tumbled over on the ground, lying for some time as if
dead.

Their language is exactly similar in sound to the Chi-
nese, being produced by the same clacking sound of the
tongue against the roof of the mouth. They, in their con-
stant intercourse with the crews of the vessels, during
two years, did not make much progress in acquiring
English. One rather intelligent fellow, who went by the
English cognomen of Pease-soup, was most easily under-
stood by words, signs, and expression; but they are cer-
tainly as much behind the South-Sea Islanders in mental
as in physical qualifications. The same Pease-Soup was
the musician of the party, having an instrument com-
posed of a piece of wood about three feet long, a piece
of sinew string, going from one end to the other, having
near one end a piece of nicely-scraped sinew, about a
quarter of an inch broad. This string being tightened
to the proper tension, he applied his lips to the piece of
sinew, and apparently with considerable exertion pro-
duced a few notes similar to the low notes of the French
horn. When listening to the music on board he seemed
much delighted, and, on one of the sailors commencing
to dance a hornpipe, he immediately joined and kept
most excellent time.

Their clothing consists simply of a skin mantel, com-
posed of the skins of various wild animals: it is tied
around the neck, and hangs loosely over the shoulders.
They have invariably a piece of skin about a foot square
suspended by a string tied around their loins. They
generally had a sort of skull-cap of skin on their heads,
which have only a little woolly hair. At times, when
prepared for a journey, thoy have a sort of mocassin or
skin boot.

Their weapons are bows and arrows and spears. The
bow is made of wood, abcut four feet in ltngth. The
arrow is of bamboo, feathered at the inner end. At the
outer end a piece of sharpened hone fits into the bamboo,
one end of the bone being clear, the other poisoned with
a black, pitchy-looking substance. Their quiver gene-
rally contained abcut forty to fifty arrows. Their spear
is about seven feet long; the handle is made of wood, the
head invariably of steel, of native workmanship. They
possess considerable dexterity in the use of these wea-
pons. When asked where they get them they invari-
ably replied a long way off, where there were plenty
of people. They carry their supply of water in ostrich
eggs, having a small hole in one end. They had also
a supply of red ochre-looking substance, with which
and grease they • occasionally smeared their bodies.
They are extremely filthy in their persons, never
washing their bodies. They seem to trust on the coast
entirely to supplies derived from it, young seals, birds,
and shell fish being the only food they seemed to use.
They are, no doubt, induced to live on the coast from the
chance of meeting with vessels. However often they
were clothed from the vessels, they always appeared the
following day in the kaross, and must have hid the
clothes away, perhaps for the purpose of carrying with
them when they rejoin their tribe. Three or four of
them went away to the interior, travelling to the south-
eastward, and returned after an absence of about four
months. They had then with them a few roots, the
remairs of what they appeared to have subsisted on on
their journey, somewhat similar in appearance to the
mandioca root.

The Hottentots do not appear to have any religion, at
least, no observances of any were ever noticed among
them. Their ideas on the subject could not be ascer
tained, from a want of the requisite knowledge of their
language.
They are extremely quiet and respectful in their de-
meanour, never attempting to touch or lake anything
not given to them. No instance of dishonesty was
known on the part of any of them, and when hungry
and thirsty they have never made the least attempt to
assist themselves, until asked, although the table was
covered with food before them. On showing Pease-
soup over the steamer Thunderbolt, he seemed highly
delighted with everything, particularly the pictures,
looking-glasses, and various native weapons in Captain
Broke's cabin. On being taken to the engine-room,
however, the sight seemed completely to astonish him;
he gave a long peculiar whistle, gazing on the machinery
some time without speaking.

Earl Spencer, it is understood, will resign his ap-
pointment as Equerry to her Royal Highness the Duchess
of Kent, on account of his Lordship's accession to the peer-
age. The Noble Earl and family will shortly remove from
Alfreston to the splendid family seat, Althorp Park.
The Lord Chancellor, we are gratified to learn,
continues to improve in health and strength dail3,. The
Noble and Learned Lord has, however, not yet sufficiently
recovered to resume his official duties.
MILITARY OUTRAGE.--A most atrocious outrage
was perpetrated by an officer on the person of a respectable
farmer, living at Ballincollig—Mr. Jeremiah Dorgan. Mr.
Dorgan observed a person on horseback to dash over the
ditch of one of his fields, and from that into a second field,
lately sown with corn—scattering about the new-sown seed
and earth, as he spurred his horse violently through the
field. The astonished farmer pursued the daring trespasser,
and demanded his name, which was imperiously refused ; and
on Dorgan persisting to hold the bridle of the horse till its
rider consented to state his name, he was furiously struck on
the head by the officer (for such he was), who said, " Do you
want more of it?" as he again raised the whip to strike the
unoffending man. Dorgan instantly complained of the out-
rage to the commanding officer at Ballincollig on the same
day, Friday. The general was at Ballincollig, together
with Colonel Beresford, on Saturday; and the latter having
heard the fact from Dorgan on his return to Cork, seemed
surprised at not having heard of it in Ballincollig. Thus it
would seem that a formal report had not been made of this
infamous outrage by the officer in command to the general.
Dorgan has placed his case in the hands of an able solicitor,
Mr. J. J. O'Brien of this city; and we trust that this piece
of wanton brutality and military rampancy it will meet with
its due reward at the hands of twelve honest men and an
upright judge. Will there not be a court-martial held to
inquire into this ungentlemanly and most shameful conduct?
We shall see.—Cork Examiner.
RAILWAY INTELLIGENCE.—We understand that the
largest transactions in scrip are at present confined to the
marine•store-dealers, who have lately taken up this branch
of commerce with some alacrity. The placards in their win-
dows now announce, that the best price is given for Capel-
court stuff, as well as kitchen stuff. Instead of calling upon
people to look up their old rags and waste paper, they are
requested to look up their old letters of allotment and useless
scrip, for which a liberal amount will be given.—Punch.
GLASGOW Pm IRON TRADE.—DEC. 2.—This has
been a very dull week. The money pressure entirely
regulates prices—and it not only continues but increases—
theveral
consequence will be a further depression.
thousand tons were offered to-day at 725. 6d. cash (say ten
ten
days), and 1.000 tons sold at that price, Accounts
America are more fayouralbe; and but for the distrust occa-
sioned by reported failures in this city, the above might
have
been considered as a fair rate. We quote the prices to-day
at 70s. to 725. 6d. cash.—Glasgow National.
THE FORCE OF EXAMPLE.—The late forgery case,
which has lately engaged public attention at
toutrsehe
osufpthereior pre-
sent found imitators; nor are we certain, clever as t originalMheerthyr,has
itsh the oc
the two.
undoubtedTlywlevasw,eltlh_daret
etaheed iladmiitaeat,ioinn
week, accosted a Carmarthern carrier, who had some
dead pigs in the Crown-yard, and asked the price of this com-
modity. After a little haggling, the price of the pigs was
agreed upon, each lady agreeing to take one. Just as
the terms had been arranged, two poor women happened to
come into the yard; and-one of these benevolent ladies re-
marked to the dealer in swine, " That woman appears to
he very poor. cut off the pigs head and give it to her; I
hgnoomadneeffreeemtsarokfs
charity
t3thien bard
shall not be much the poorer.' The second lady followed this
ktuhipierdwltlyitmhfeees7ing maensdvbeerttlw;eeen the various classes of society, an pomneostsin of
gd
concluded by bidding the pig-merchant
to cut off her pig's
head also. Having received the thanks of the poor women,
the ladies took their leave informing the man that "John,
the servant," would bring 'down the cart in a few minutes,
when they would return, and settle for the pigs as they took
them away. Our friend waited long to hear the sound
of tl cart-Jo No s, alternated with the chinking of the
blunt
wheels,
had not yet brought the cart, nor has the
owner of the headless porkers ever since seen the faces of
his Mullane customers, who, we hear, were "Chinese 1"
Cambrian.

LA w INTELLIGENCE.
COURT OF CHANCERY, D'"c. 4
The Lord Chancellor is not yet sufficiently convalescent
to sit in his Court in the Old Hall, Lincoln's Inn.

Lord L avgdalß
OLLSat' COUR7; Dec. 4.
sat te n o'clock.
CARR V. GILLESPIE.
Mr. KINDERSLES applied on behalf of the defendant in this
cause that he might be allowed a commission to sue out wit-
nesses at the town of Brentford, in the province of Canada.
The facts were simply these :—A bill had been filed by two
infants for the recovery of property to which, they were en-
titled by a settlement made by their father, Robert Carr, and
which consisted of some lots of land situated on the New
River in Canada. The property had been mortgaged by
Robert Carr to the defendant, who now held it in his posses--
sion. The bill of the plaintiffs alleged that a fraud had
been committed on their father, Robert Carr, in effecting the
mortgage, lot 2 of the land being substituted for lot I, which
was inferior in value. It was contended by the defendant that
the mortgage was perfectly in conformity with the law cf
Canada, and that the settlement was informal, not having
been registered. On the Ilth of November defendant filed
his objections to the bill, and the plaintiffs obtained an order
for an enlargement of the application. The defendant stated
by affidavit that his object in making thisapplicatfou was to
bring matters to a speedy termination.
Mr. TURNER, on behalf of the plaintiff's, stated that they
had sent over to Canada for documents most important to
the understanding of the case, which it was expected were
now on their way to this country.
Lord LANGDALE considered that.the motion should stand
over for the present.

JODDRELL V. JODDRELL.
Mr. KINDEPALEY applied on behalf of Sir Richard Jod-
drell, the defendant, tOr an order to stay all further prc-
ceedings in tlis came until after the decision of the Howe
of Lords respecting his Lordship's order overruling the de-
murrer.
Lord LANGDALE.—If your client is ready to pay the money
into Court, according to the order, and you undertake that the
plaintiff shall be paid the money to which she is entitled by
the terms of the deed, I will make the order.
Mr. KINDERSLEY consented, and no objection being made
on the part of the plaintiff, the rule was accordingly made.

VICE-CHANCELLORS' COURT Dec. 4.
(Before the VICE-CHANCELLOR of ENGLAN'D.)
This being the first seal after Michaelmas term, his Honour
the Vice-Chancellor of England sat in his Court
at Lincoln's-
inn, and took motions to-day.

rICKERING ts THORNTIINVAITE.
This case stood on the paper to-day for judgment. It was
argued during the last term, upon a motion to dissolve an
injunction restraining the defendant from suing cut a fiat of
bankruptcy against the plaintiff. Both parties are book-
sellers and publishers of eminence, the plaintiff carrying on
business in Piccadilly, and the defendant in Paternoster-row.
We refrained from giving any report of the case during the
arguments, on account of the serious and conflicting charge
made in the affidavits on both sides; and in justice to all
parties we think we cannot do better than give his Honour's
judgment fully.
The Viet,,-CiraxcEer,on of ENGLAND said, in giving judg-
ment to-day—Now, in this case I felt myself called upoz
before I ventured to dispose of it, deliberately to read and
consider not only the affidavits that had been made, but also
the correspondence that was partly brought forward by Mr.
Bethell when the case was argued, and also the correspon-
dence that has been supplied since. I have not read the
original letters, but I have every one of the copies; those
letters don't appear to me materially to affect 'the case, any
further than generally to corroborate the case as made out,
by the defendant ; because it is apparent upon the face of
them, that the mother and brother were implicated, in
the sence of having their own:property involved• in the tran-
saction that took place between the plaintiff and the defen-
dant. And it also appears from the letters that various bill
transactions took place from time to time between the plain-
tiff and the defendant, and that there was an account de-
pending between them. Now, the general nature of the case
is this:—ln the year 1810 the plaintiff and the de-
fendant became acquainted; in 1818 the defendant began
to assist the plaintiff, and in 1820 it seems, that
the assistance took this determined character—it veils an as-
sistance for the purpose of setting the plaintiff up in
business. These transactions went on till August, 1845.
The plaintiff representing that there were transactions be-
tween him and the .defendant; and then he is pleased to
state in his first affidavit that in the month of September
last notice was given to him on the part of the defendant, of
a demand in the shape of an account, which account he
characterises as fictitious and fraudulent, and not merely so,
but that it is made by the defendant and his solicitor, Mr.
Lowless. Now, that was a most startling proposition, and
at the same time, though I could not help feeling; upon ex-
amination,mightfail, that such
or
rh
laessl,arygeet, large, general,
thought it
it my boundendseriouscharge
duty, having regard to the mode in which the Court always
exercises its jurisdiction in granting - injaigtions- ex
parte, to feel myself bound by the statement of the plaintiff,
however much I might look forward to the time when the
truths of that statement would •be questioned. I therefore
felt it to be my duty, upon_ the statements of the plaintiff, to
grant the injunctioe, which is now sought to be set aside.
The plaintiff's affidavit is, in my opinion, made with some
sort of indistinctiveness, because, in it he refers to books that
he says were shown in March last, but what books they were
does not appear. Now, Mr. Lowless states in his affidavit,
and he is confirmed in that statement by the correspondence
between the solicitors both for the plaintiff and the defendant,
that after the accounts had been prepared by the defendant
himself, they were submitted to Mr. Lowless, in order that
he might check them with the vouchers, and Al r.Lowless swears
most distinctly, and he is not contradicted by the affidavit
made by the plaintiff, that he was ne party to making out the
account, but that it was made out by the defendant himself,
and then submitted by Mr. Lowless for inspection, in order
that he might check it by the vouchers in the books. He
swears the account was genuine and correct. Novi it struck
me, upon consideration, that the plaintiff must have used the
expressions, fictitious and fraudulent, in vague generality, be-
cause an account 'might be erroneous because there were nth-
takes in it—because figures were mis-copied—because wrong
calculations were in it ; might be considered erroneous because
there were right calculations in it, and the inferences from
those calculations might not operate against the. defendant.
It might, perhaps, be truly said, that one part of the trans-
action was barred by the Statute of Limitation, but that
would not have the effect of making accounts fictitious
or fraudulent ; and I cannot find out any facts
that show the account really was fictitious or fraudulent.
Mr. Lowless is no party to the cause, and in my opinion,
his character is as completely unsullied as if no such affidavit
had been made as that upon which the plaintiff applied for
his injunction. Now, as to the defendant, Mr. Thornthwaite,
the allegation is that the account was made up by him and
Mr. Lowless, and that it was fictitious and fraudulent. Now
as to one Mr. Lowless— the story is absolutely "false ; the
defendant represents that there were accounts kept from the
earliest time, and it appears from his joint affidavit and that
of Mr. Cooper, that the latter came to him as a
clerk and assistant ; that from 1833 to 1835 hi actually
kept the account between the plaintiff and defendant ; and
that they were so is manifest from the plaintiff's own aff-
davit. There is not a single particle of evidence that I can
make out which is against the statement of Mr. Thorp-
thwaite, or that tends to show that there has been anything
fictitious in the account he has made out. His affidavit is
supported by that of Mr. Lowless, because he deposes to the
fact that, when the account was made out, he was employed
to advise upon it and check it. Mr. Thornthwaite'a affidavit
positively denies the fact that the account was fictitious and
fraudulent; and I cannot conceive anything on the affidavit
in reply that removes that statement. It may be true that
when an account comes to be taken, that so large a balance
as that stated by the defendant may not be found to be due
from the plaintiff, but my opinion clearly is, that it was in a
most unpropitious moment that Mr. Pickering, the plaintiff,
allowed his mind to get so far beyond the bounds of pru-
dence and probability as to swear that the accounts were
eudthuelenintjunActlilonl eawinthdocosatat. the present mo-
judgment is, that the defendant may pro-
cifineceeTtdni httiteooiusessfftuoea:dtiOilosisftoftlrit'alei e fiat of bankruptcy, unless the plaintiff
prevents him from doing so by appealing to the Lord Chan-
cellor.

GLASSE a. MARSHALL.
This case, our readers will recollect, came before the Court
upon a motion to dissolve an injunction restraining the East
India Company from paying certain East India bonds.
His HONOUR stated to-day that Mrs. Marshall had done
him the honour of sending a letter to him on the subject of
the case ; that he had mentioned to Mr. Burge, the 'pommel for
the lady, that he should hand the letter to the parties. which
it was his intention to do, but he could not part with it at
the present moment, because the lady had thought it right
to send two other letters to him, one addressed to the Dols
of York, and the other to Sir Herbert Taylor, both of which
had been returned to her. How two returned litters could
bear upon the case he did not knew.
Mr. STUART observed that he appeared for the East India
Company, and he did not take a very lively interest a the
matter.

Mr. BETHELL was glad to inform the Court that the
matter had been arranged.
The VICE-CHANCELLOR was happy to hear that, consider-
ing it to be a very fit case for amicable adjustment.
The Court then proceeded to hear motions.

COURT OF QUEEN'S BENCH, Dec. 4.
'Sittings at Nisi Prius, Westminster Hall, before:Dir. Justice
COLERIDGE and a Special Jury.)
HUNTER V. CALDWELL.

This was an action brought by the plaintiff against
the defendant, who is an attorney, for the recovery of a
sum of 180/. The plaintiff's allegation was that he bad
employed the defendant to recover a debt of 504 due
to him on a bill of exchange by a person named Hicks; but
defendant neglected to have certain writs duly filed in order
to keep the debt alive : and the consequence was, that, after
several trials, the debt was now barred by the statute of
limitations.

In the progress of the case, and during the examination of
the witnesses' there appeared to be a great number of legal
and technical difficulties involved, as to the mode in which
defendant had conducted the proceedings up to a certain
point for the plaintiff.
An officer of the court proved that certain writs in the
cause had been filed by defendant at too late a period to take
effect. _

---inthe course of the cross-examination of the witness, it
appeared that when writs are brought to the office at a period
when it is too late to file them, the fact is stated to the
attorney, who brings them, by the officer, and the writs are
then filed.
Another witness was examined at great length as to what
the practice was in reference to the bringing in of write to
the officer to have them filed. lie had no doubt but that
writs should be taken in within five months; taking in and
filing meant the same thing.
The case for the plaintiff having closed, the defendant's
Counsel submitted that the rule of law was, that where
any doubt existed as to what the duty of an attorney
was in certain Courts and causes, he was not liable to a
charge of negligence, because he, as well as all others, were
liable to error. He cited several cases in support of his point.
lie continued to argue at some length that there was no case
to go to the jury, which the Court overruled, and
bad
Learned Counsel then proceeded to address the jury, slid
not concluded when our report left.

COURT OF COMMON PLEAS, Dec. 3:
(Sittings at Nisi Prius; before Mr. Justice CRESSWZLL and a
Middlesex Special Jury.)
CRDI. CON.—CLARK V. DUNSFORD.
This was an action for crim. con., which was
part heard
yesterday, and in which the defendant is a medical man, in
partnership with the plaintiff's brother.
The Attorney-General, Mr. Sergeant Talfourd, and Mr.
Butt, appeared as counsel for the plaintiff; Sir Thomas Wilde,
Mr. Sergeant Channel], and another Learned Gentleman, for
the defendant.
This action (in which the damages were laid at 10,0000
was, as above stated, brought by the plaintiff, to recover cots-
pensation in damages for the injury he had sustained through
the defendant having had criminal conversation with his
house.wi
inducedfe,andmheavviniaginattifr,lastmr.clar, k heri a sotoluicittorhecarr hi;sibngando'ns
business at Bristol, where the defendant also resides, -
prac-
tising his profession as a medical man, in which quality ha
bad been in the Want of visiting the family of the former