The Sun.
London, England, 1845-05-13 00:00:00

SUN, LONDON, TUESDAY EVENING, MAY 13, 1845.

District Court Bittlestone, official assignee, Birming-
ham ; Weller, King's-road, London; Pell, Northamp-
ton; Hodgson, Birmingham.
William Henry Webb, wharfinger, Stratford-upon-
Avon, May 27, at twelve, and June 24, at half-past
twelve, at the Birmingham District Court. Christie,
official assignee, Birmingham ; Hobbes and Slatter,
Stratford-upon• Avon; Harrison and Smith, Birming-
ham.

SHERIFFS' COURT.-(THIS DAY.)
(Continued from our Afternoon Edition.)
cooDcuar V. THE DUKE OF BRUNSWICK.
The plaintiff in this action is an accountant, and the de-
fendant his Serene Highness George Frederick Augustus
William, Duke of Brunswick. The claim was for 191. 10s.,
for work and labour done. The defendant pleaded that he
was never indebted.
The plaintiff's attorney stated the case. In the year 1841
his Excellency Baron Audlaw, who was at the time Equerry
to his Serene Highness, applied to the plaintiff on the
subject of a bill of costs which had been sent in to his
Serene Highness by his solicitor, and stated that his Serene
Highness was desirous of having an analysis made of it,
showing how much money had been paid out of pocket and
what was the profit. Now, however absurd such an idea
might be. and probably the Learned Counsel for the plaintiff
might ridicule the order, the absurdity of the order did not
justify the defendant in pleading that he was not indebted,
for his absurdity, if indeed it was such, was not to be gratified
at the expense or labour of others. The bill, it should be
observed, run over a long period of five or six
years, and the analysis itself occupied about
20 pages of foolscap paper. The plaintiff, with his clerks,
were engaged nearly three weeks in going through the bill
and preparing the analysis, and when it was completed it was
handsomely bound and sent to his Serene Highness for his
consideration. What his Highness's object in having it made,
or what use he ultimately applied it to, was not essential to
the present cr.se. It would be proved the work was done,
that it occupied the time stated,sand that the charge made was
fair and reasonable. It was impossible to conceive what the
defence would be, and he should, therefore, at present con-
fine himself to proving the case as he had stated it, and
afterwards answer any arguments which might be raised
against the present claim, which it appeared almost im-
possible to resist on any just grounds.
His Excellency Baron Audlaw was then called—ln 1841
and afterwards he was Equerry to his Serene Highness.
r'laintiff was employed by him on behalf of his
Serene Highness to look over the bill of costs. Wit-
ness saw him several times on the subject arid explained to
him that the Duke wished to have an analysis made, so that
he might judge whether the charges were fair. The bill was
a long bill and amounted to about 8001.: when the analysis
was made it was given to him—it was afterwards bound
tip and given to the Duke.
Cross-examined by Mr. THOMAS—Was not aware that
there was any fraud in a person not an attorney taking
an attorney's bill. Did not know that there was a taxing
officer appointed for the purpose.
By the UNDER-SHERIFF—Did not understand anything
about taxing. Gave the bill to plaintiff to look over, and
see whether the charges were fair.
The UNDER-SHERIFF—The question is, did the Duke know
what the analysis was for—whether it was a taxation ?
Mr. TwamAs—Was not the bill given to the plaintiff to see
whether any part of it could be taken off ? Witness—That
was an after opinion between myself and the Duke. The Duke
asked me to show it to some friend who understood it, to see
whether it was fair.
By a juror—l told him to make an abstract or analysis, or
whatever it is called. I was recommended to show it to
plaintiff. I knew he was not an attorney, but believed he
was an honest man. I did not ask him exactly for his opi-
nion. The abstract ran over eighteen or twenty sheets.
Wm. Simmons examined—Was employed by plaintiff to
assist in making the abstract. Was engaged between two and
three weeks • some days for fourteen or sixteen hours. There
were three bills upwards of twenty sheets each. The analysis
consisted of three columns. The first the sum charged, the
next, subtractions or deductions, the third, the correct
charge, or what it ought to have been.
The UNDER-SiiEsuFF—Then it was a taxation? Witness
don't say whether it was a taxation or not.
I'laintiff's Attorney—lt was only showing what was the
sum out of pocket and the total charge.
The UNDER-SHERIFF—The result of it was, that it was a
taxation of the bill. •
Saunders was called, but merely asked if he confirmed
the last witness, and he answered in the affirmative.
This was the plaintiff's case.
Mr. THOMAS, fur the defendant, said this was evidently a
speculative action, brought against the Duke of Brunswick
merely because he was the Duke of Brunswick, and it was
knoWn was possessed of considerable property. The plaintiff
had evidently deluded the Baron and the Duke, who were
fereigners, and did not understand the nature of the transac-
tion, but had, beyond all doubt, considered that the plaintiff
had the ability and power to settle the account and decide upon
its correctness. Could it be believed that this work had en-
gaged the attention of two or three men for 10 days look-
ing, over an account, and ultimately ended in their framing
about eighteen or twenty sheets of abstract being almost as
long as the bill itself ? It was clear that the work itself could
not be in the least way beneficial to the defendant, but that
the whole of the proceeding was neither more nor less than a
gross imposition, which he felt the jury would never coun-
tenance by giving a verdict. In fact there was no direc-
tion given which ought to bind the Duke or any other
person.
The UNDER-SHERIFF summed up. It had been truly
stated by the plaintiff's attorney, that however absurd the
order, if it was given the defendant was bound to pay. It
certainly was an act of the " queerist" description, and as
absurd as could have been well imagined, but if he under-
stood what he was giving instructions for, he was bound.
When he, the Under Sheriff, first heard of it, he thought
that, perhaps, the Duke intended to keep it as a curiosity ;
perhaps to put in a cabinet, or send to some foreign public
library—(Laughter)—but it was certainly a most extraor-
dinary keepsake. lt might have, perhaps, availed to a per-
son who intended writing a book on the practice of the
Court of Queen's Bench ; but it was of no value, as leading
to an adjustment of the account. One question for the jury
was, whether the plaintiff undertook to do that which did
not lie within the scope of his business. He did not
wonder at the time consumed. simply because the plain.
tiff did not understand the subject. If they sent
a watch to an ironmonger to be repaired, it might take
months to do, and in all probability would never be done at
all. If the plaintiff had undertaken to do that which he well
knew he could not effect, or if he had wilfully misunderstood
or had mistaken the object the Duke had in view, or if he
had prepared that which he had every reason to
know could not be of the least utility, then he
could not recover ; but if what he did was in
pursuance of orders and was of utility, then be was
entitled to be paid ; but it was for the jury to estimate
the value, and they would say how long it would have occu-
pied a person who understood the business.
The jury, after consulting, asked whether, if they gave a
verdict for part of the claim only, the defendant would be
liable to the whole of the costs.
The UNDER-SHERIFF said that was not a question to be
answered; the jury had to say what the work was worth.
The jury then gave a verdict for 31.

John Brookes Bucklee, mercer, Kidderminster, Wor-
cestershire, May 23, at half-past eleven, and June 24, at
twelve, at the Birmingham District Court. Valpy,
official assignee, Birmingham; Boycott and Lucy, Kid-
derminster; Reece Birmingham.
Joseph Young Betts, grocer, Cardiff, Glamorganshire,
May 27, at one. June 24, at eleven, at the Bristol Dis-
trict Court. Miller, official assignee, Bristol; Leonard,
Bristol. _

henry Malpas, victualier, Monrnouth-streeet, Bath,
May 30, at twelve, June 23, at half-past eleven, at the
Bristol District Court. Hutton, Official Assignee, Bris-
tol ; Haven, Temple, London ; Drewe. Bath.
John Simpson, ship owner, Talentire, Cumberland,
May 27, at twelve, and June 2, at two, at the Newcastle-
upon-Tyne District Court. Wakley, official assignee,
Newcastle-upon-Tyne; Taylor and Collisson, Great
James. street, London ;Cram, Newcastle-upon-Tyne.

William Davies, milk seller, Liverpool, May 20, and
June 17, at eleven, at the Liverpool District Court.
Morgan, official assigEee, Liverpool ; Milne and Co.,
Temple, London ; Slater and Heelis, Manchester ; lore,
Liverpool.

CRIMINAL COURT.-(THIS DAY.
OLD COURT.

(Before the RECORDER.)
(Continued from our Afternoon Edition.)
CONSPIRACY.—After the witnesses for the defence had
been examined,
Mr. CLARKSON replied, and the RECORDER summed up.
The jury, after some consultation brought in a verdict of
Guilty.
The prisoners were admitted to bail. each in 300/., to ap-
pear to receive judgment at a future period.

COURSE OF EXCH.]
Amsterdam CF. 12 8i
Ditto, at sight l2 6i
Rotterdam U. 12 9
Antwerp
Hamburgh M.B. 14 0
Alton —
Paris, 3 days' sight 25 90
Ditto, 3 months 26 10
Marseilles
Bourdeans 26 15
Frankfort on Maine 123
Petersburgh, 3Us —
Berlin
Vienna, effec. fl. 3111 lO 2
Trieste, ditto
Madrid 36*
Cadiz
Uilbao
Barcelona
Seville

.NGE -- (THIS DAY.)
Gibra1tar..............—
Leghorn ... ........... 31 -
Genoa
Milan ..... ......
Venice .... .
Naples » 39i
Palermo, ;,e; oz ll9
Lisbon s2*
Oporto ...
Rio Janeiro
Bahia
Buenos I. y.
NewYoi k .::7dyssight
......
.313LIJON, PER OZ
Foreign bars. £3 17 9
Portuga! ‘,..! old Coin 317 5
New Doubloons.— 0 0 0
New Dci..lars 0 4 9*
Silver I. Bars. J 4 108

THE LONDON GAZETTE
(THIS EVENING.)

DOWNING-STREET, MAY 8, 1845.
The Queen has been pleased to appoint Admiral Sir
Robert Waller Otway, Bart., and Vice-Admiral Sir
Edward W. C. R. Owen, Knights Commanders of the
Most Honourable Military Order of the Bath, to be
Knights Grand Cross of the said Order ; and Rear-Ad-
miral Sir Edward Chetham, Knight, Companion of the
said Most Honourable Military Order, to be Knight
Commander thereof.

Commissions by the Lord Lieutenant of Somersetshire.
West Somerset Regiment of Yeomanry Cavalry.—
Major C. J. K. Tynte to be Lieutenant-Colonel, vice
the Earl of Carnarvon, resigned ; Captain E. A. San-
ford to be Major, vice Tynte, promoted, Lieutenant J.
Hole to be Captain, vice Halliday, resigned ; Cornet
A. Capel to be Lieutenant, vice llole, promoted ; Cornet
W. H. Bernard to be Lieutenant, vice Hancock, re-
signed, May 6.
Commissions signed by the Lord-Lieutenant of the
County of Wilts.
Royal Wilts Yeomanry Cavalry—Cornet J. Davis to
be Lieutenant, vice Benett, deceased ; A. Morrison,
Gent. to be Cornet, vice Davis, promoted, May 5.
Commission signed by the
_Lord-Lieutenant of the

County of Dorset.
Queen's Own Regiment of Yeomanry Cavalry—J. E.
Bradshaw, Gent. to be Lieutenant vice Huddlestone,
resigned, May 8.
CIRCUITS OF THE COMMISSIONERS FOR THE
RELIEF OF INSOLVENT DEBTORS.

1-14);i- SUMME R. CIRCUIT, 1845 (as altered).—John
Greathed Harris, Esq., Commissioner, will hold his
C.,urt for Sussex at Lewes, on Friday, July 25, and not
at Horsham.
WHITEHALL, APRIL 30.

The Lord Chancellor has appointed Benjamin Thomas,
of Birmingham, in the county of Warwick, Gent., to be
a Master Extraordinary in the High Court of Chancery.
WHITEHALL, MAY 6.

The Lord Chancellor has appointed Stephen Pilgrim,
of Hinckley, in the county of Leicester, Gent., to be a
Master Extraordinary in_the High Court of Chancery

WHITEHALL, MAY 8.

The Lord Chancellor has appointed Alfred Fairfax
Morgan, of Hockley, near Birmingham, in the county
of Warwick, Gent., to bo a Master Extraordinary. in the
High Court of Chancery.
BANKRUPTS. _ .

John Furnival, corn-dealer, Kettering, Northampton-
shire, to surrender, May 23, at eleven, and June 21, at
twelve, at the Court of Bankruptcy. Follett, official
assignee, Basinghall-street ; Cardales and Iliffe, Bed-
ford-row ; Garrard, Kettering, Northamptonshire.
Thomas Seager, leather-cutter, Hammersmith, May
23, at eleven, and June 20, at half-past eleven, at the
Court of Bankruptcy. Whitmore, official assignee, Ba-
singhall-street ; Hepburn, Copthall-court, Throgmor-
ton-street.

____ ...._.,..
John Walker Ellis, cloth merchant, Lawrence-lane,
Cheapside, May 22, at twelve, and June 24, at eleven,
at the Court of Bankruptcy. Graham, official assignee,
Coleman-street; Jaques and Edwards, Ely-place, Hol-
born; Battye and Clay, Huddersfield.
John Brain, engraver, Winchester-place, Pentonville,
May 20, at halt past two, and June 18, at two, at the
Court of Bankruptcy. Johnson, official assignee, Basing-
hall-street; Lawrance and Plews, Bucklersbury.
Mark Sturley, organ-builder, Southam, Warwick-
i shire, June 2 and July 2 at eleven, at the Birmingham

RAILWAY INTELLIGENCE.
(From the illornin,,,r Chronic'e.)
ELECTRIC TELEGRAPH.—\\"e understand it is the

intention of Government, in conjunction with the

Chester and .Holyhead Railway Company, to have
the electric telegraph established on that line,
reaching from London to Holyhead, a distance of be-
tween 200 and 300 miles, and embracing in its route

the commercial capitals of Liverpool, Manchester,
and Birmingham. The success of the apparatus in
the South Western and the Adiscombe, between

London and Portsmouth, 88 miles, is said to be thFi

super-inducing cause of its proposed establishment on
the Chester and Holyhead line. The adoption of this
invention on a scale of magnitude bids fair to effect a
radical change in the entire correspondence of the
country, by bringing as it were momentarily
into close consolidation and communion, the ex-
changes of London, Liverpool, Manchester,f
and Birmingham, conveying with lightning-
like velocity every fluctuation of affairs, and tele-
graphing from mart to mart, with marvellous
exactitude, and over areas of hundreds of
miles, intelligence that may be received
and reciprocated almost simultaneously by every
mercantile community in the kingdom. Great ad-
vantages have already been developed to the Admi-
ralty and commercial world, by its adoption between
London and Gosport. The old semaphore system is

ow nearly superseded, and important Government
orders and intelligence, that formerly occupied hours
in transmitting by the ordinary semaphores between
London and Portsmouth, are now forwarded and

fulfilled in little more than a few seconds, the com-

municating wires which will shortly be carried from
Nine-elms to the Admiralty, at Whitehall, terminat-
ing in the very barracks of the garrison at Gosport.
The establishment of telegraphic communication be-
tween Liverpool and Holyhead, Lloyd's and London,
will give every facility for shipping purposes; and in
this respect the invention has worked most efficiently
between London and Southampton, where, as at Gos-
port, there is a telegraphic station, telegraphic notices
being daily dispatched, on the arrival of important
mails and merchantmen. The advantages, moreover,
that may accrue from a line of wires to Holyhead,
in establishing a closer connexion between the metro-
polis and the sister isle, is of a nature not to be
overlooked, either in a political or social point
of view. Lines of telegraph, we understand, have
been or are about being adopted on the following
amongst other lines :—On the South Western, as a
Government telegraph for the Admiralty to Ports-
mouth, 90 miles. On the same line, as a commercial
telegraph, from Nine Elms to Southampton, 77
miles, with branch to Gosport, 21. On the South
Devon atmospheric line, now in progress, 52 miles.
On the Great Western, from Paddington to Slough,
18 miles. On the Yarmouth and Norwich, 20
miles. On the Dover line, from Tonbridge to
Maidstone, 15 miles. On the Croydon, atmospheric.
On the Blackwall ; on part of the Manchester and
Leeds and its branch to Oldham; on part of the
Edinburgh and Glasgow ; upon the Dalkey atmo-
spheric branch of the Dublin and Kingstown, appli-
cable alike to the conveyance of commercial intelli-
gence, and to the safe conduct acd working of the
line. The above embraces an extent of nearly 250
miles, over which the telegraph principle is already in
operation ; and its adoption between London, Liver-
pool, Manchester, Birmingham, and Holyhead, will
add about 300 miles more.
EXCURSION TRAINS.—London is likely to receive
this week a large influx to its pleasure population,
arrangements having been made for running cheap
excursion trains from nearly all the great cities and
towns, north, south, east, and west. The Birming-
ham, Great Western, South Western, Dover, and
Brighton, we believe, dispatch pleasure trains, for one
fare each way, and the northern lines run short ones
to the various localities on the route. The Liverpool

and Manchester provide cheap waggon trains from
Manchester to Li% erpool and back, furnished with
seats, and have entered into arrangements with the
conductors of the various Sunday schools for con-
veyance of the scholars. The Manchester and Leeds
propose to convey whole Sunday schools from Man-
chester to Wakefield, and other places on their line,
in waggons at 6d. a head, both ways, and their
teachers for 2s. 6d. each, in second-class carriages.
The Manchester and Bolton run special trains at
reduced fares, every quarter of an hour, to the Kersal
Moor races, and make trips from Manchester to Preston
and Fleetwood, at which latter place pleasure steamers
are to ply in different sea excursions during the day,
the journey from Manchester to Fleetwood to be per-
formed in little more than two hours, allowing visitors
nine hours at Fleetwood. The Manchester and Bir-

mingham undertake to carry the members of clubs,
charitable institutions, and schools, from Manchester
to Aldersley and back, at 6d. each every day, and
the parents and friends of the children at Is. They
also run trains to the Chester races, in each case by
special train, so as to prevent a recurrence of the de-
lays of last season. The Hull and Selby and Midland
lines are to send excursion trains, with free trade
freights of visitors to London, from Leeds, York,
Newcastle, and Durham. The Glasgow and Ayr
Company invite visitors by special train to the races
and chases at Eglington Park. The Newcastle and
Carlisle convey visitors to Gilsland Spa, Na worth
Castle, and Carlisle. The Chester and Birkenhead
have made arrangements to secure accimmodation to
the influx of visitors from Liverpool to the Chester
races. Most of the metropolitan lines have made si-
milar arrangements for suburban trips, and the recre-
ation of the holiday folks.
CROYDON AND EPSOM ATMOSPHERIC.—The works
are progressing rapidly, and a quantity of iron tubes
have been conveyed from the New-cross station to
several portions of the line. A commodious engine
and boiler-house are being built near the Dartmouth
Arms station. The boiler house is constructed to
contain six gigantic boilers, nearly fourteen tons
in weight each. Both of the buildings are covered
with an elegant iron roof. The style of the building
is pointed Gothic ; and the chimney, which is to be
raised to an altitude of 120 feet, is a curious specimen
of its class. A considerable number of labourers and
others are employed in raising and levelling the road,
and in laying the necessary rails, for some distance
beyond the point at which the new way will diverge
from the Croydon and Brighton lines. The ap-
paratus for telegraphic purposes is fixed for se-
veral miles, and, from the general activity dis-
played throughout the works, an early opening
may be expected. Three of the boilers male at the
manufactory of Messrs. Maudesley and Co., in the
Westminster-road, lie ready for fizting near the new
building on the line nearest the Dartmouth Arms.
At Annerley the works assume an elaborate cha-
racter, long rows of piles being already driven for
the purpose of forming an inclined plane and viaduct
over the South-Eastern line near that village. Dur.
ing the last few days the works have been inspected
by several noblemen and gentlemen interested in the
atmospheric principle.
SUSPENSION TUNNEL.—Probably one of the boldest
railway projects of the day, is that suggested by
Mr. Robert Stephenson, the engineer, of crossing
the Menai Straits by means of a tunnel in the
air. Mr. Stephenson proposes to throw an iron tube
over the Straits, by means of suspension chains,
using the:Britannia Rock as a buttress in the middle ;
the tube to be 25 feet in breadth, by 15 in
depth, constructed in the same way as an iron ship,
composed of large plates put together in the form of a
great iron tunnel. He also proposes to have
two tubes, one for each line of rails, and expresses
himself satisfied upon the strength and safety of the
tube, having tried experiments on an iron vessel 220
feet in length, suspended by the stem and stern, with
a weight of 1,200 tons in her centre, without the
slightest straining effect. The plan would be calcu-
lated effectually to prevent interference with the navi-
gation, the great difficulty to be encountered in car-
rying the Chester and Holyhead over the Mental
Straits. General Pasley, we understand, coincides
with Mr. Stephenson in the safety of the method, and
Mr. Rendell, who has reported to the Admiralty on
the practicability of effecting such a passage of the
Straits, so as not to obstruct the navigation, appears to
be of opinion that the proposed tube tunnel would be
preferable to a bridge, since from its having no joints
it would possess more rigidity than a common bridge,
and be less liable to the oscillation of the trains.
BRISTOL AND BIRMINGHAM LINES.—The Midland
Railway has entered into possession and taken the
entire management of the Bristol and Gloucester and
Birmingham and Gloucester lines ; besides assuming
the entire responsibility, an arrangement has been
concluded for commuting the dividend to be derived
from the current half-year from the revenue of the
line between Bristol and Birmingham, at the sum of
26,0001. The Midland Company are, pursuant to
the agreement, to pay six per cent. per annum on the
united share capital of the two lines, amounting to
1,800,0001. The standing orders in the case of the
Birmingham and Gloucester have been dispensed with
by the Select Committee, provided no right is con-
ferred on the Midland to lease the line.
CHELTENHAM AND GREAT WESTERN.:To-day
this line, which starts from the Swindon. station,
opens as far as Gloucester for passenger traffic only,
with intermediate stations at Tetbury-road and
Stroud. The remainder of the line will, we under-
stand, be completed without delay. The minor sta-
tions at Branscombe and Stonehouse will be opened
by June. By this line two complete routes will be
accessible—namely, via Birmingham and Swi.ndon.
SWIFT TRAINS.---It is proposed, we hear, to start
another fast train on the Great Western, to accom-
plish the distance between Exeter and London in 4i-
hours. On Wednesday, one of the express trains on
the London and Birmingham ran the 112 miles in
21 hours. It is expected that the distance bet?reen
Liverpool and London, nearly 200 miles, will pre-
sently be accomplished in 41 hours. The Midl and
lines have joined in the general acceleration.
TESTIMONIALS.—On Wednesday last a service of
plate, value 200 guineas, was presented to Mr. Alder-
plan Carr, it director, by number of shareholders 1n