The Sun.
London, England, 1845-01-24 00:00:00

THIS DAY'S NEWS

A Cabinet Council was held at two o'clock this
afternoon, at the Foreign-office, Downing-street. It
was attended by Sir Robert Peel and most of the
Cabinet Ministers. Previous to the Council, the
Chancellor of the Exchequer and several official gen-
tlemen had interviews with Sir R. Peel, at his private
residence in Whitehall-gardens.
THE EARL OF MORNINGTON.—We are happy in
being enabled to state that the health of this vener-
able nobleman has somewhat improved, the reply
given this morning in Grosvenor-square was, " His
Lordship has passed a tolerable night, and is rather
better this morning." Several of the nobility and
gentry made early calls at the Noble Earl's.
THE EARL OF CARLISLE.—We regret to state that
the Earl of Carlisle is seriously indisposed. On in-
quiring at Carlisle House this morning, we were in-
formed that his Lordship was something better this
morning.

QUEEN'S BENCH.—(THIS DAY.)
The Court took the special paper this day. Nothing
of importance or interest came before their Lordships.

BAIL COURT.—(THIS DAY.)
(Sittings in Banco.)

. -
THE POOR-LAW COMMISSIONERS V. THE GUARDIANS

Or THE KINGSBRIDGE UNION.
Mr. TOMLINSON moved for a rule to show cause
why a mandamus should not issue, directed to the
guardians of the Kingsbridge union, commanding
them to appoint a chaplain to the workhouse there.
The affidavit on which he made the application
showed that the union was duly constituted by the
Poor-law Commissioners on the 28th of May, 1836.
On the 24th of March, 1841, the Poor-law Commis-
sioners issued an order directing that a chaplain should
be appointed, and a gentleman was accordingly chosen
and ministered for some time. He afterwards, how-
ever, sent in his resignation, and since that period none
other had been appointed. On the sth of February,
1842, the Commissioners issued a further order
of regulation on the subject, but on that a
doubt arose, whether by its admitting or delegating a
sort of discretionary power to the guardians as to the
fitting time for filling up the appointment, they (the
Commissioners) did not in fact altogether rescind their
order of the 24th of March. To satisfy that doubt,
the Commissioners subsequently issued a peremptory
order, that a chaplain should be elected within two
months from that date. On receiving that order, the
guardians communicated with the Commissioners, in-
closing a string', of resolutions which evinced clearly
that their object was procrastination, and that they
hoped to be able to secure the gratuitous services of
the neighbouring clergyman. They craved a further
delay, which the Poor-law Commissioners did not
deem it expedient to grant, and therefore it was that
he was instructed to move for that rule.
Mr. Justice WILLIAMS—You may take a rule to
show cause.
The other motions were of an unimportant cha-
racter.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
The Court proceeded to-day with the new tria
paper.

ACRAMAN V. COOPER.
In this case a rule had been obtained in Hilary
term, calling upon the defendant to show cause why
the verdict in his favour should not be set aside, and a
new trial had.
Mr KELLY, as Counsel for the defendant, was
about to reply, when
The LORD CHIEF BARON said, that in this case the
Court were satisfied that justice could not be done
without a new trial. The great and important ques-
tion was whether the documents were transferable.
The effect of the transfer seemed to have been over-
looked until the question suddenly arose in conse-
quence of Counsel for the plaintiff calling witnesses
to prove one thing when they unexpectedly proved
the very reverse. There must be a new trial in order
that the whole of the matters might be properly con-
sidered, and that both parties might have an opportu-
nity of looking at the record. Principles of great
commercial and general importance were involved in
the decision.

(Sittings at Guildhall before Mr. Baron ROLFE and a

Common Jury.)
The Court disposed of four undefended actions.
HARVEY V. PRITCHARD.

This was an— action to recover the sum of
1851. 19s. Bd., for which the defendant had made
himself liable by guarantee.
Mr. Jervis and Mr. Montague Chambers appeared
for the plaintiff; Mr. Knowles and Mr. Miller were
counsel for the defendant.
The plaintiff in the action was Mr. Harvey, the
draper of Ludgate-hill, and the defendant, Mrs.
Pritchard, a.milliner in St. Paul's Church-yard. Mrs.
Barnes, the daughter of the defendant, carrying on
business as a bonnet-maker, had been supplied from
time to time with goods, by the plaintiff. Early in
the last year, however, the plaintiff became dissatis-
fied with the mode of payment. On the 22d
of March, Mrs. Pritchard agreed to become re-
sponsible to the plaintiff for the payment of goods
purchased by her daughter, and lodged securities with
him for that purpose. Before this time a balance
was owing to the amount of 871. 7s. 2d. On the
15th of May following Mrs. Barnes, being anxious
to pay off the balance, called upon the
plaintiff for that purpose, and tendered to him
186 sovereigns for goods had since the date of
the guarantee, but the plaintiff refused to take the
money unless 401. were paid in respect of the previous
balance. This Mrs. Barnes refused to pay, and her
agent, Mr. Barratt, a proctor of Doctors Commons,
made a formal demand of the securities, which the
plaintiff refused to part with.
The defendant had two pleas, first, that she did not
make the guarantee ; secondly, that a tender of the
money had been made, and that it was refused.
Mr. KNOWLES contended, for the defendant, that
the guarantee given by Mrs. Pritchard did not extend
to the previous balance.
The COURT being of opinion that the guarantee did
not support the declaration, the verdict was entered
for the defendant on the first issue, with leave re-
served for counsel to move that it be entered for the
plaintiff. On the second issue the verdict was also
for the defendant.

INSOLVENT COURT—(THIS DAY
(Before the CHIEF COMMISSIONER.)
"
THE " RUNNING REIN AFFAIR—IN RE IGNATIUS

FRANCIS COYLE.

This insolvent, who was a man well known upon
all the race-courses throughout the kingdom and in
all sporting circles, applied to be liberated upon sure-
ties until the day appointed for his hearing.
On the bail being called on, no creditor appearing
to oppose, the Learned Chief Commissioner ex-
amined the insolvent at considerable length respecting
a debt inserted in the schedule as due to Mr. Cooke,
the banker, of 15, Bedford-street, Covent-garden, who
had obtained possession of all his furniture, but per-
mitted him the use of it upon payment of 2/. per
week.—He (the',lnsolvent) said he was of no trade or
profession, but that he occasionally acted as agent for
discounting bills of exchange, that is to say, if any

party came to him and wanted an advance of money
he obtained it for them. He was at present 33 years
of age, and began to speculate in horse-racing in
1832. His profits from those speculations varied
from 1001. to 3501. per annum. He had petitioned
the Bankruptcy Court last year, and his petition was
dismissed in consequence of his not appearing. He
had hoped at that time to be able to settle his debts
from a sum of money which he expected to receive
from the result of the trial respecting the late Epsom
Derby. He expected upwards of 7,0001. from that
source.

Mr. WOODRUFFE, who supported the insolvent,
said the insolvent alluded to the horse Running
Rein, On which he had won very largely, but the
horse, unfortunately for the insolvent, was disqualified

through being a year too old.—(Laughter.)
The CHIEF COMMISSIONER then proceeded to ex-
amine Owen Swift, one of the proposed sureties, who
stated that he was landlord of the Horse-shoe public-
house, in Tichborne-street, Piccadilly, and had been
so for six years. He held the lease under Messrs.
Taylor and Walker, the brewers, as a tenant-at-will
The stock in trade in his house amounted to 6001.
The CHIEF COMMISSIONER—But we want secu-
rity in this case to the amount of 6801.
Owen Swift—Well, if you do, you can have it.
The Learned CHIEF COMMISSIONER—HOW and
where ? Owen Swift—From my bankers.
The CHIEF COMMISSIONER—But that won't do.
The Court must ihave property which it can seize
under distress. What property is there in your
house worth 6501. Owen Swift—Plate.

The CHIEF COMMISSIONER—Do you mean to say
seriously that you have plate in your house worth
that amount? Owen Swift—l did not come here to
joke.—(Laughter.) My furniture and fixtures are
worth from 1,2001. to 1,4001. I have been security in
this Court once, before for Mr. Thomas Morgan, a
friend of mine.
The CHIEF COMMISSIONER—What was he ? Owen
Swift—A gentleman before he came to this Court.
The CHIEF COMMISSIONER—And what did he be-
come when he ceased to be a gentleman ? Owen
Swift—Why, a poor man, I suppose.— (L oud laughter,
in which the Court joined.)
The CHIEF COMMISSIONER—You may stand down
Mr. Swift. Your bail is accepted.
Mr. Biggs, the other bail, stated that he was a
tailor, carrying on business at 24, Sackville-street,
Piccadilly, in partnership with a Mr. Ellis. His
stock in trade was worth about 1,0001., and was per-
fectly unencumbered.
The COURT accepted the bail, and the recognisances
being entered into, the insolvent was liberated until
the day of hearing.
The schedule filed by the insolvent exhibits an
aggregate amonnt of debts of 9,7121. 14s. 2d., of
which 1,1691. 7s. 6d. were deducted as those for
which no consideration had been received, and an-
other amount of 4,4261. twice entered, leaving the
net amount of debts owing by him of 4,117/. 6s. Bd.
The only property available for the creditors was a
dishonoured bill of exchange of 1201., accepted by
Lord William Paget. He ascribed his insolvency to
his expenditure exceeding his income, and his losses
upon racing speculations.
The case appeared to excite considerable attention
in a very crowded court, where we noticed several
well-known " turf characters."

CLERKENWELL.—(THIS DAY.)
James Hickey was charged with violently assaulting
a poor widow, named Bream, residing in Blue
Anchor-alley, St. Luke's.
On the previous night the woman was standing at
her own door, talking to another person, when the
prisoner came up, and, without the least provocation,
struck her a violent blow on the face. The fellow
was not drunk, and the woman had never spoken to
him.—ln default of fine he was sent to prison for three
weeks.

LAMBETH.—(THIS DAY.)
John Connell was charged with being drunk and
disorderly, and assaulting three policemen, in the ex-
ercise of their duty.
Police-constable, L 109, stated that he was sent
for last night, to the Tower public-house, in
Westminster-road to quell a disturbance, when he
found the prisoner brandishing a weapon in his hand.
He aimed a dreadful blow at the head of the con-
stable, which he fortunately avoided. He closed with
the prisoner, and they both fell together, and when
they were on the ground the prisoner kicked the con-
stable severely, and struck at him several times.
Two other constables were called in, on whom the
prisoner made a most violent attack.
Mr. Shaw, the publican, stated that the prisoner
broke up his wife's apple-stall to fight with the police.
Mr. NORTON said he never heard of a more out-
rageous case, and sending him to prison for one
month was quite an inadequate punishment.
The wife of the prisoner informed the magistrate
that he used her in the most cruel manner, and
turned her out of doors, and said that, " work or play,"
he was determined that she should keep him. He
had already been five times in prison.

Mr. NORTON said he was mere a brute than a man,
and should go to prison for one month, and find bail
for three months, and give 24 hours' notice of bail.
Mr. IN ORTON ordered the- poor woman 20s. for the
damage done to her stall.

SOUTHWARK.—(THIS DAY.)
John Neal was charged with stealing a quantity of
hair rope, the property of Mr. Wilcoxson, of Monu-
ment•yard, and a woman named .Nicholson was
charged as the receiver.
The prisoner Neal was stepped a few mornings ago
leaving the shop of his fellow-prisoner, after deliver-
ing a bag, which was subsequently found to contain
a quantity of hair rope. Neal, on being taken into cus-
tody, said the bag and its contents was intrusted to
him to carry to the other prisoner's shop. This as-
sertion, however, being doubted, the prisoners were
remanded, and since then it was ascertained he was
occasionally employed by Mr. Wilcoxson, an extensive
hair-manufacturer, from whose premises he had taken
it and carried it over to the other prisoner's shop, in
order to sell it.—The prisoners were remanded.

LLOYD'S SHIPPING.—(THIS DAY.)
LONDON, JAN. 24.—Wind at noon S.W., fresh breeze,
and fine. It blew strong last night.
DEAL, Jex. 23.—Wind S.W. to W.S.W., fresh
breeze, and thick weather.—Acrd. Maloma, Ichaboe;
Camilla,_Canney, Jamaica.
OFF MARGATE, JAN. 22.—Express, Whitehaven, lost
bulwarks, &c., during a heavy gale off Scilly, 19th inst.

. ,
OFF DOVER, Jew 22.—Sta-di, Amsterdani;Batavia, for
Amsterdam; Governor, Lowther Trinidad.
COWES, JAN 23.—Wind S.S.W.—Arrd.j Nautilus,
Stockdale, Ichaboe; Expedition, Nordenholtz, Rio for
Bremen, with loss of sails, &c.; Alert, Heinson, Rio, with
loss of sails, and other damage.
OFF THE WIGHT, JAN. 21.—Zodiacus, Hahn, St.
Thomas and Porto Rico, for Altona.
RAMSGATE, JAN. 23.—The Eugene, of and for Havre,
from Ostend, got ashore this afternoon in Pegwell Bay,
but is expected off to-night's tide.
OFF ST. ALBAN'S HEAD.—Commerce, Swansea for
London, with loss of boats, bulwarks, &c.
SOUTHAMPTON, JAN. 23.—Wind .E.S.E.—SId. Paella
steamer, Lisbon.
PLYMOUTH, JAN. 23.—Wind S.W., strong.--Acrd.
Rubicon, Dales, Round Island.
FALMOUTH, Jew. 23.—Wind S.W., strong breezes
and squally.—Arrd. Express packet, Brazils.
PENZANCE, JAN. 22.—Wind S., light.--Arrd. Martha
Jane, Torris, Ichaboe, sailed Nov. 26, and reports that
on the 22d the rollers set in, and did considerable
damage to the shipping ; about 350 vessels were lying
there, but as the guano was not estimated as sufficient to
load one-half, many were leaving in ballast.
YARMOUTH, ISLE OF WIGHT, JAN. 23.—A ship dis-
masted was seen at six A.M., on the 20th instant, off the
Eddystone, twenty-three miles from land, by the Rose,
of Boulogne.
OFF DUNGENESS, JAN. 22.—Doggersbank, Batavia.
SHOREHAM, JAN. 22.—Arrd. Duke of Wellington, with
loss of bowsprit, &c.,having_ been in contact with a smack.
BIDEFORD, JAN. 22.—The Favourite, Williams, from
Laundersfoot, which struck on the bar on the 17th inst.,
was got off on the 20th, after throwing part of her cargo
overboard.

GRIMSBY ROADS, JAN. 21.—Arrd. Cicero, Bell,
Ichaboe, for Leith. The John Mowlam, Hartlepool, for
Weymouth, has put in here, along with the Caroline of
Yarmouth, both with damage, having been in contact.
NEWPORT, JAN. 21.—1 t blew a heavy gale from
W.S.W. to N.W. to N. on I.he night of the 19th inst.„,
and throughout yesterday. About four P.M. yeSteraay
afternoon a vessel of about 56 tons was seen driftiq; into
the Bay dismasted, and suddenly disappeared.
SWANSEA, JAN. 21.—Sid. Sarah Nicholson, Cu'ta.
_ _

MUMBLES, JAN. 22.—Arrd. Tom Cringle,
Ichaboe ; Ellen Simpson, Leask, Ichaboe.
MELFORD, JAN. 22.—Wind S.W.—Arrd. Gem, Hen-
dry, Ichaboe, with loss of sails, bulwarks, &c., and other
damage.
PORT TALBOT, JAN. 23.—The Speedy, Holman,
ashore near the Breakwater, was got off this morning,
brought into the River, and placed on the Hard, with
considerable damage.
MELFORD, JAN. 22.—The Henrietta,. from Llanelly to
London, was got off the beach at Sawl.y Hewen last tide,
and is much damaged. _ _

CORK, JAN. S., light.—Arrd. Beccles,
Brown, Now City of Cork, Itobertson, and London,
Snelling, Ichaboe. Off, Elizab'ah, Orr, Ichaboe, left &die-
lena sth ult.
DROGHEDA, JAN. 25.—C onsti tu tion, Wilson, St. John's,
New Brunswick.
SUNDERLAND, JAN. 23.—Wind S.W.—Arrd. Gover-
nor Harcourt, Fox, Honduras.
BRIDLINGTON, JAN. 23.--The Perseverance, of Shields,
ashore to the northward, was got off last night, and
brought in here, where she remains, and will come into
the harbour. The sloop Liverpool is ashore on the Bar.
YARMOUTH, JAN. 23.—The Lady Panmure, from Port
Dundas to Rouen, came into the Roads to-day leaky,
and will come into the harbour to discharge. The John,
of Jersey, ashore on the beach, has been got off, and
in here.
LIVERPOOL, JAN. 23.—Wind S.S.W., fresh.—Arrd.
Fifeshire, James Reid, Smith, Ninian Lindsay, Hut-
chins, and Perseverance, Riley, Ichaboe ; Tamerlane,
Theobold, Savannah ; l'ales4ne, Mobile ; Caroline,