The Sun.
London, England, 1845-12-02 00:00:00

COLONIAL.

SUGAR.—The market for British Plantation is heavy, and,
inclusive of those sold by auction, only about 200 casks have
found buyers. The public sales have been rather numerous.
consisting principally of 193 casks, 31 barrels St. Lucia ; 4,508
bags Mauritius ; 2,950 bags Bengal ; and 749 bags Madras,
all of which went off heavily, and only about one half sold,
in some instances at a decline of 6d to ls, but this reduction
was not generally submitted to. The St. Lucia brought 473
to 52s for good brown to good bright yellow, anti 46s 6d to
53s for good greyish brown to line yellow Mauritius. Pri-
vately a cargo of brown Bahia has been disposed of afloat at
21s 6d, deliverable in London (for refining in bond), the
buyers paying the landing charges. The quantity of British
Plantation landed last week at the East and West India
Docks was 1,63411116, 100 tierces, 16 barrels, and there were
taken for home consumption 1,258 hlids, 123 tierces, 150 bar
rels. The stock in the same places is 10,910 hhds, 1,450
tierces, 1,742 barrels.

Congo.-1,850 bags of Ceylon (B. Plantation kind), 400
bales Mocha, and 1,183 bags East India, have been offered by
auction; all the Ceylon found buyers at 52s to 63s for fine
ord brownish to mid colory quality, being about the previous
value. Only part of the Mocha and East Indian were dis-
posed of, the former at 48s to 58s 6d for ord to mid mixed
quality, and the latter at 21s for ord Sumatra. and 23s to
23s 6d for good Padang, being for the East India rather
cheaper. The remainder was taken in above the value.
Rum.—The quantity landed last week at the East and West
India Docks was 463 puns, 128 hhds ; there were taken for
lonic consumption 204 puns, 15 hhds, and exported 165
puns, 67 hhds. The stock in the same places were 12,819
puns, 1,098 hhds. A Government contract for 100,000 gallons
(not more than one-half to consist of East India) was taken
on Friday last by one house, at a trifle under 2s 2d for proof
strength.
RICE.-2,007 bags East India, and 645 bags Italian, at
auction, chiefly sold at 18s to 19s for low yellowish white ;
Bengal, 16s to 16s 6d for yellow cargo ditto ; and the Italian
at 19s to 20s for mid white (Madras or Java kind), which
prices are fully Gd lower; mid to good white Java was taken
in at 22s to 245, being above the value.
SAI,TrETRE.-1,857 bags at auction sold at 27s to 27s ed,
one lot at 28s, for 103/ to 4 per cent, refraction, which are
firmer rates.

SPICES.-1,347 bags Pepper chiefly found buyers at 23A d to
2%d for good black Batavia and Sumatra, being a shade
cheaper; half heavy Malabar was taken in at 3'%d.
TALLOW.—P.Y.C. is 40s per cwt. on the spot, and Town
45s per cwt.
TEA,—The market is quiet.

EXCHEQUER.-(THIS DAY.)
(Sitth:gs after Term, before the LORD CHIEF BanoN and a
Common Jury.)
TAYLOR V. SOLLEY.

This was an action of debt for work and labour done,
and money paid and laid out to the use of the defendant,
to which the defendant had pleaded that, except as to
101. 10s., he never was indebted, and that sum he paid into
Court. The plaintiff replied that he was indebted in a
larger amount, and upon that replication issue was joined.
Mr. Crowder and Mr. Petersdorf appeared for the plaintiff,
and Mr. Smith for the defendant.

Mr. CROWDER stated the plaintiff's case. The plaintiff
was an auctioneer and house-agent, carrying on business
in Grosvenor-street, and the defendant was a gentleman of
property, who in the beginning of this year married Lady
Sykes, the widow of the late Sir Francis Sykes. The action
was brought to recover 33/. 45., for business transacted by
the plaintiff in respect of a house which was the property cf
Lady Sykes, and which she was desirous of disposing of.
The jury were no doubt acquainted with the ordinary busi-
ness of an auctioneer and estate-agent. It was to find
a customer for a seller, and a seller for a purchaser. Lady
Sykes was the lessee of the house No. 6, Grosvenor-street,
and early in February last she applied to the plaintiff; ac-
companied by her husband, Mr. Solley, to let it,for her fur-
nished. The plaintiff undertook to use his best endeavours
to do so, and sent two of his men to take an inventory of the
il!rniture, inserted an advertisement in the newspapers, and,
in took all the ordinary steps for letting the house. In
March, the house not having been let oNting to the terms
being too high, Lady Sykes took it into her head to let the
house unfurnished, but the terms she demanded being still
exorbitant, the plaintiff was unable to let the house. Lady
Sykes then determined upon selling the lease, and the
plaintiff took the usual steps to dispose of it; but in the
month of June the plaintiff suddenly received a letter from
Lady Sykes, to the effect that she had commissioned Mr.
Phillips to sell the lease of her house on the 20th of Jane,
unless it was previously disposed of by private contract. The
price asked for the lease was 4501., but the highest offer the
plaintiff had succeeded in getting for it when he received
this note was 3001., which was made by Mr. Vaughan, a
builder. The plaintiff sent this gentleman to Mr. Phillips'
sale, and he ultimately becaMe the purchaser of the lease.
The plaintiff therefore claimed his commission on the sale,
Mr. Vaughan having obtained the information of the lease in
the first instance from his offices; but the defendant refused
to pay it, and the result was the present action,
Evidence having been adduced to prove the business done,
and the reasonableness of the prices charged for it,
Mr. V. VILLIAms addressed the jury for the defendant,
contending that the ten guineas which had been paid into
Court was an ample remuneration for the trouble the
plaintiff had been put to. The plaintiff did not dispose of the
lease, because it was taken out of his hands before he could
do so, nor did he give Mr. Vaughan the first information
that it was to be disposed of. All that he did was to tell
Mr. Vaughan the terms, and Mr. Vaughan afterwards at-
tended a sale, which was announced by public hand-bills
and advertisements, where he bid the highest sum, and the
lease was knocked down to him in the usual form.
The LORD CHIEF BARON, in summing up, remarked that
there was no evidence to show that the lease had been dis-
posed of through the instrumentality of the plaintiff; on the
contrary, it was admitted that before he could dispose of It
as an estate-agent, it was taken out of his bands, and in law
therefore, he was not entitled to recover commission on the
sale.
The jury appeared to differ with his Lordship, and wished
to return a verdict for the plaintiff.
The LORD CHIEF BARON said the jury would forgive him
for telling them that there was no evidence upon which they
could find a verdict for the plaintiff beyond 10/. 10s., the
amount paid into Court.
The jury under these circumstances found a verdict for the
defendant.

COMMON PLEAS.—(THIS DAY.)
(Sittings at Nisi Prius before Mr. Justice CRESWELL and
a Special Jury.)
CLARK V. DUNSFORD.

This was an action for trim. con., which occupied the
Court the whole day, and in which the case for the plaintiff
was not concluded when we went to press.

COURT OFREVIEW-(THIS DAY,

(Before Vice Chancellor KNlGirr BRUCE.)
AABOUIN v. REAY.I

The plaintiff appeared on petition, praying to be allowed to
prove against the separate estate of John Reay, sen. Goods
were sold and delivered to John Reay, sen., and Co., and the
usual contract for the debt was framed in the name of that
firm ; but it turns out after bankruptcy that the only other
nominal partner is John Robert Reay, nephew to the other,
whose interest in the concern, if interest it might be called,
amounted only to this, that the nephew, previously clerk and
salesman, received, in consequence of ft. promise
by the uncle to take him
.into the business a
contract to the effect that he should receive a fixed
amount out of the profits of the business, besides cer-
tain allowances for expenses, the nephew continuing town
salesman, and being unaffected by the debts or profits of the
company. It was, therefore, contended on the part of the
petitioner, that he had a right, by all the cases in the books,
to prove against the separate estate of the elder Reay. The
case excited very great interest among the gentlemen of the
bar.

When arguments were heard, his HONOUR felt it was a
case of difficulty as well as importance, and on all the cases
cited, lie could not decide that John Reay, sen. is separately
indebted, feeling he could do no more than give an opportu-
nity of bringing an action at law.
It was finally arranged that the bankrupts should bring an
action, that there should be a plea of abatement on the part
of the creditor, Mr. Arbouin, and that one or both of the bank-
rupts might be examined as witnesses.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner SIIEVIIERD. )
IN EE YEOMAN.

In this case the insolvent was opposed on the ground that
he had not inserted the whole of his debts in the schedule.
The insolvent admitted that from one of his creditors he had
received goods to the value of 201. more than he had pit
down, having given a bill of exchange for the amount.
The SofaciTon contended that the giving the bill did not
relieve insolvent from the debt—he was either debtor for the
goods or the bill.
Mr. HUGHES, for the insolvent, urged that the acceptance
of a bill was a discharge of the debt, although subsequently
the debtor might become liable on the bill if it was dis-
honoured. It was precisely the same as paying a bank
bill or note—say of a country bank—which was clearly re-
ceived in satisfaction of the debt at the time, and if it was
kept by for some time, and then the bank broke, the debtors
were neither liable nor blameable. In this case the insolvent
had endorsed the bill, but, supposing the rules as to present-
ment and notice were not followed out, he would be dis-
charged from his responsibility.
The opposing SOLICITOR said that, however the nature of the
liability was changed from the goods to the bill, yet it wa§
clear that the Act contemplated that the full amount of the
debts and liabilities might be inserted ; if, on the contrary, the
mere giving a bill would reduce the debt, any friendly cre-
ditor might receive a bill, and so reduce tie amount of a
trader's debts from a large amount to below the 000/. lle
also urged that in bankruptcy creditors might prove on
undue bills and collateral securities.

The Learned COMMIS,SIONEIt d 44, that in that case they
were carrying out specific directions. In cases of insolyency,
like the present. tbg Act did not require that liabilities should
be entered, it distinctly mentionea " debts." It was clear
that at the utmost there was only a contingent liability, who
was to say that the bill would not be honoured ? Under the
circumstances. be had no hesitation in saying that there was
no debt, and that In this instance the schedule was correct.
This objection, the first of the 4-40 raised, was overruled.

CONVERSIONS TO THE ROMAN CATHOLIC CHURCH.
—The Rev. Messrs. (Menule, Mgshall, and Coape, three cler-
gymen of the Church of England, were on Wednesdfly last
received into the Roman Catholic Church, at St. Mary's
College, Oscott. The former is a member of Trinity College,
Cambridge; the latter are of Oxford. Mr. C. Woodma,7,_
son of Mr. Woodmason, of Littlemore (who will nis lady
had been previously received), was ado-.:
rtied at the same
;ye beneficed in the diocese
time. Mr. Olennie was, we bel
we
Move,
.Uxeter. ,

MURDER ON THE HIGH SEAS.
(THAMES POLICE COURT.—THIS DAY.)
To-day the adjourned examination of George John-
stone, the captain of the ship Tory, on the charge of
murdering William Rambert, chief mate, William Mars
second mate, andj,Thomas Reason, seaman, took place
before Mr. Broderip, the sitting magistrate.
The prisoner was to have been brought up last Tues-
day, but on account of a note from his medical attend-
ant, intimating that he was labouring under erysipelas,
and could not be present in Coin t, the further hearing'
was put off till to-day. The front of the Court-
house, as on the previous occasion, was besiege:l
with parties anxious to be admitted, and 10,1,
and general were the feelings of execration an°
disgust expressed by the crowd against the prisoner, a
great number expressing sorrow that they were not per'
mitted to exercise summary vengeance on him, accord'
ing to the American :backwoods process—Lynch las•
The night charges having been disposed of by ab°ll
iu
half-past twelve o'clock, the examination was proceed
with.

Mr. Humphries appeared for the prisoner. .„
Julian Cardiavallo, an Italian, was first examine°, l',1",0
deposed as follows:—I will state what I know of 11`.
death of William Reason. I do not know exactlf.t°:.
day on which he died, but I was in the cabin at the tit
At the time I was in the cabin Thomas Reason re
called, and he came in and sat down on the sofa•
ore
captain then seized him by the collar of the shirt, 1311
asked him some questions about the mutiny'. Bef
„via
this time Reason had been hurt, and was taking Pthe
to cure the cuts which the captain had given biro: „ into
captain having shook Reason a great deal, put llmm boy,
a corner on the larboard side, and said to tbe,for
" Bring the bayonet, the sword is not goou leG
anything." The boy gave the captain the -b3 °,a•ri
At this time Reason was very quiet. The etT,3l,v
struck in the way which occasioned his cleatiliiflibbi:
the way in which it was done. The captain '
arm and struck Reason with the bayonet. I thfiti,. I
blow was on the breast. I called the cook direcl:)le,
then cut the flannel on Reason to see if there ill yiral
and to stop the blood which was flowing. Wil"e
otitg
doing so the captain said to Reason, " Po for Gbrec4r
sake speak a couple of words." The captain then fi csa
the bayonet on the floor. Reason died, as far es
soot
I think, about a quarter or half an hour after, but f
exactly say. The body was taken on deck, but V°oo
not see exactly whether he was dead or net at
moment. 00
William Dunn was next examined—l was °oil
board the Tory. I was down in the cabin one M 74 tbi
Thomas Reason was called, but I do not reuelle:o,o
i
date. It was about a quarter past twelve. 6-10(
captain with a bayonet in his hand over Beason.,,,ipso
as if the captain was striking-the bayonet consts°:,lvto
Reason's head. Reason called for mercy. The
said he should have none from him. The boy aptalli
came to me in the pantry, and told me that the cje',o
had killed Reason. I got some water, and sa*„.'o,sollg
lying as if dead. The captain had his band on o'o
left breast. The captain then told me that WO% left
dead. The captain took his hand off Iltas°,l/;tillsf
breast, on which I saw two wounds of the kitr;tpr ge"
below the middle. I told the captain he bed the
some lint to stop the wounds, on which be eiw-
boy Glover, and told him to fetch some cotton.
ions.
boy did so, and it was placed on the
Reason was then taken and laid on the pantry'
and five men were called to take him on nee' TP_',
had sent for Mars before he had sent for the Inellhe o'a'
body was taken on the top-gallant forecastle. `-apip;
there covered over with blankets, and in the 111;, 008
about ten o'clock David Johnson sewed Mini o ibo
canvass. At half-past eleven he was brought ti3JP"
gangway, Mr. Spencer read prayers over -
was then buried. atV
Franklin Tucker, said—All I know of the ":e-g
Thomasßeason, is, that I saw him go into the esb`ll,"
and saw him shortly after brought up dead. f
of time that intervened was about three-quarters,° jo
vla
hour. When Reason went into the cabin he 1,1
dreadful state, bleeding from the head. Reason t°oo
that he had been down in the cabin the early real
the evening, and that the cuts had been occultt"flp.
the captain. I saw no one injure him at this tuP,:ren't,
David Johnson examined—l was one of- the cg
the Tory during the late voyage. On the etrelL7rd
Reason went down into the cabin, he came fer"-;,,,n
me at the forecastle. He said to me the aull`Tei,
called on him to go down again into the cabin. ,„` for,i
had a cut across his brow at the time. Julian e4".„0050,
ward and called Reason by name to go down. ;111'1;1 tg„.
he must go to the captain in the cabin. 13,,a50s ' te.o,
and went down. When next I saw Ree,ion, be ``‘,lsllo;
ried a:ong the deck by five of the men. Se e
dead.
as6i
- ,ia

Barry Yelverton was next called, and said-4 i;eorih,
W/ "
of the crew of the Tory, and an• apprentice on
of t"4
the owner, Mr. Gibb. I will state all I k ill 00
for him. I saw the captain cut at him a good d d'bee;
death of Mars. I was in the cabin when the caPtiel. t't
was the last day, when he died. He intrefi)
down several times before. I saw him on the Pki,130,,`
occasions cut at, and once saw a piece cut 'off befoivi
by the captain. I cannot say how long it Was s
Reason's death ; but I think it was 61014 00,11
before. It was done during the nig" cid'o
The last day he was called into the cabin he st tvo
at a good deal with a cutlass or sword. • Marko
time, was all over blood, especially his face, vv". P:,
so coagulated his features could scarcely be seen:olV
had been in irons before, and at the time he i'll'"081,1
down, he seemed to be handcuffed. By theL
the captain, one of the boys and Juli,"le ,bri"
Reason's hands up to the beam, w","ilte
oaptain cut at him. I gave Julian a wink to
ld
man down at the time, as he was so weak he n'ie‘gl,l
or
hold his head up. He was taken down and P'lo
the floor, where he lay gasping, when the call stll,;
iJ
them to talte him on deck. The captain 1001° fietl'lti
while he lay on the floor, and said, " Does tle,,e-sei Lit
like a murderer?" or words to that effect. I,' 014
captain say, when he gave the order to take t;,
deck, " Squeeze him, or I'll squeeze you." dowli„ltt
him on deck, and shortly after some one came is
the cabin and said, 4( Mars is dead." The esP" he 1;6
me to go on deck, and see if it was a fact the! of t
dead. I went and saw him lying dead abreast
main hatch on the larboard side. 0 ble
James Glover deposed--I was the steward e
the ship. While there I heard Reason ofte"„ soo)
below. I saw him cut two or three times with 13t 5e1'0:0
this was the same day that he died. He was Via oft po
places about the head, At one time when t'Lliogbil
called Reason into his cabin he was at libertY, os
irons on ; on the other occasions he. had irons
hands. This is all I know about Mars, orl"i
(The examination was proceeding when our reP
‘i JO 4
MEETING OF THE LONDOi.•
YD
riito
BRIGHTON, AND LONDON AND v.-AV'
RAILWAY PROPRIETORS.—(THIS
A meeting of the Proprietors of the abOYe 4t,5 /,;th
Companies was, in consequence of advertiser'uf,ed
peering in the daily papers, held this &yin thie;tfereil•er
Tavern, for the purpose of considering the 'l' f
which exist between the maneging guards e 0110
railway, and of determining what course
be adopted under the circumstances, pot
There were bet Ween two and three hundred
ail'
tors present,
Mr. WILKINSON, of the London and Cro)„Jon
d
way, was called to the chair. not 10
The CKAIRAIA.N said, that its they were, thei the
whether 20 or 200 Shareholders might atteno, is
r°° be}' t
s
not taken measure's to secure the largest r- 00' 0'
house, but Mr.. Bathe had promised that, if „ roe,
incoveniently crowded, he would place the lerl-ci 01)10,
their disposal. He hoped, however, they Wile t'4 ttf'
'him to the inconvenience of removing tp,. fil,jogt
which bad been set for a dinn'ai 10ee,,:sce!
They were all aware that this was an wins° itior goo
but they were also aware that unusual Cl'l.e.ae chti„erli,
called sometimes for unusual measures.
not
preritseo
require to tell them that the present was 21() Atitb.°oo
constituted meeting, inasmuch as it was ne%tsals stir
by law, or competent to do anything that fite clte(the ,
any effect on any after proceedings ; but, in `ivy do'
stances in which they were placed, ' the rto
Directors) did think it but justice ,t° oipasYtess
prietors of the London and Croydon LI, °et ietesd ,
lay the whole matter before them, and it dio,l3,doe,
them alone, for the proprietors of the -Pti'l; took t'
Brighton Company were also affected, and .siat
that since the vote passed unanimously in oittlea
ing of the shareholders the amalgam
Companies was considered a fixed bhrz'oy,
thing, He alight bo. told that toecouilOiir
was a good one for the London and Croyde...n! oigb!oi.
but his opinion was very different. Attires 'so'
deed be that the market value of their eircoo
bited a greater diversity than the I, 30
stances of the amalgamation would Werra ,idowe
the very fact that the Company had resh' ps
resolution of amalgamation aught Per
led the public to believe that thed DA' tho
and Brighton Company had made a bud 11°t,defl)
That he would take it on himself to say v'qa Cr°)tbesi
case. They (the Directors of the London seed, to ,ofte
found, while exercising the authority delegsiv th
by the joint meeting of the Proprietors ef the tol;lool
panies, for the purpose of defieitivety settling of oPolt
amalgamation, that there was a difference cofeci;ese
on some points with the Directors of the other that
ssiei
but they did not contemplate for a moti co'lo4
differences should furnish any reason why thees of Oof
should not be amalgamated. The differene
_he tern'
"'cr,
between the Directors had no reference to te, ;us tdo,
amalgamation, the differenees referred • t 010°,0.
of detail, but still they were of opinion j
tails involved the future movements of the 'ter, on pot
ar
at A
They eould not therefore give way in the in *oh'
so the Directors of the other. Can3PanY ,there °
recede from their position, it was felt that.A to the Seno t°
oely one course open—namely, to appe.. - • coer thel
the joint proprietors. They proposed th,,is tiod sJer
t
the Directors of the Brighton CornOtile'fore,
declined adopting it, They were, titrousellefildtie°
the necessity oalling this meeting t 0 didi uor
appeared to him that there were , • in
in the case, for the facts involved le.'whiehir4 DJ,
shell. All they had to do was this, to ehennt:,. adoPt„,oso.7
they would adopt ;if they followed the 0470 o!
the Directors of the London and Brig sad Crtiof
than they (the Directors of the London
ageuieebe otbe
were at once ready to retire from the ma° if, in tbvtbell);
Company, and to leave it in theirown bands' tect out •;.ieter f
case, they followed the course of policy inqp.,,e PreP..tior. of
they were prepared with the sanction ooletz.osjue'e%yist" •
to carry it Apt, either with or without I,tv to , as'
s gyo.l e•
the other Directory. It would be heY,
twisthat difference
the on of th- They ha' ,ed isrig had
tage don dead he
tage of he- policy on wh'e,,, Dot t,san
othe t the; sIO
~,j..‘,:inpan;rwiigthththeeDmi,refcotrorssinoefetthheeiLroao.dyrctisoe:ol,o4oool,4
appeared in the public prints, the tha stt
issued a counter-advertisement, deelsr_"ver, hwidhe
not be present. His object would, bow, is volt'
when the case ivas stated to thew, f+'