The Sun.
London, England, 1842-08-05 00:00:00

THE SUN, LONDON, FRIDAY MORNING, AUGUST 5, 1841

Lord ABINGER—But would he be tolerated by the Jockey
Club ?

Lord John Fitzroy—l think if such an act was proved against
any member that he would be expelled.
Colonel Peel was then examined, and he proved that Mr.
Greville and he had a joint betting-book, and he stated that
there was some misunderstanding between him and Lord C. Fit z-
my relative to a bet of 10,0001. to 3001. against Canadian, and the
matter was referred to the Jockey Club. who recommended that
that the bet should be cancelled, and this was accordinglydone.
He then went on to state that if Canadian had won the Derb),
that, as their book stood, they should have won 8,000/., and
there were only two other horses on the list by whom they
could have won so much as by Canadian. The arrangement
of betting was to lay odds against all the horses, so as to ensure
a balance in their favour.
Cross-examined—They betted abont 6,000/. to 345/. against
Canadian, and of course they won that amount by his being
withdrawn, and if he had won they would have had to pay the
6,000/., but on the °the: hand, they would have hid to receiive
from all the other horses, and the amount would have
been nearly 14,000/., so that if Canadian had been a
runner they should have gained 8,0001. Witness did not know
that the horse was withdrawn till the Tuesday. and he had
made some bets against him on the Monday. By the race
being won by Attila they won about 4,6001. If Chatham had
won they would have gained 9,000/., and if Sea Horse had
gained the race their winnings would have been 16,000/. The
witness said he had heard complaints made of horses being
withdrawn, and he said he was also aware that it was customary
for persons to be sent about the country by the owner of a
horse to make bets for him.
This was the case for the plaintiff.
The SOLICITOR-GENERAL then addressed the Jury at con-
siderable length for the defendant. He contended that
from the plaintiff's own witnesses, it was clear that
there were . practices on the turf which all honourable
members of it must desire to see put an end
to, and he submitted that the defendant had not
gone further than he ought to do in expressing what
he believed to be a gross fraud upon those parties
who had honestly risked their money upon the horse
belonging to the plaintiff. The case was a most mysterious one.
It was admitted that the lameness was one of a most extraor-
dinary character, such as none of the witnesses had ever seen in
a horse before ; and yet although the plaintiff was well aware of
the tact, and had been satisfied by the veterinary
surgeon, that it was impossible for the horse
to run, he sent him to Epsom, he was exercised
in the paddock with the other horses that were
to run, and the public were naturally induced to believe that
he would start, and betted their money on him, when the
plaintiff was well satisfied that the horse could not run. He
argued that it was the duty of the plaintiff, the moment
that he became aware of the fact of the lameness, to
have at once let the public know of it, and not
to have sent the horse to Epsom, which must necessarily
have deceived every body, and induced the world to be-
lieve that he was in a fit state to start for the nee. The
Learned Solicitor-General argued at considerable length upon
these points, and he also submitted to the Court that inasmuch
as betting upon a horse race was an illegal act, the plaintiff could
not make any proceeding arising out of it the ground of an ac •
tion for libel.,
Lard ABINGER, having expressed his opinion that the tech-
nical point raised by the Counsel for the defendant was no an-
swer to the present action, proceeded to address the Jury upon
the facts, and in the course of his observations he said, that the
question for the Jury was, whether the article published in the
defendants' newspaper was o' was not a libellous attack
upon the plaintiff. He then referred tn. the pleadings,
and said that the defendant had undertaken to justify
the publication in question, on the ground that it
was true ; and, in his opinion he had entirely failed
to make out that plea. The Solicitor-General had made a very
ingenious address to them, but he must take care that they were
not led away by it from the real question at issue, which was
whether or not the defendant had published a false and calum-
nious libel upon the character and honour of the plaintiff. The
plaintiff had been accused of dishonestly withdrawing his horse
from a race, in order that he might win the money he had laid
against him, and also that he had actually lamed the horse, in
order to give a pretext for withdrawing him. These allega-
tions were proved to be false, and then the defendant's
counsel turned round and said, " Oh, it may be all very true
that the horse really was lame, but the plaintiff ought to have
made the public acquainted with the fact sooner." This was
very ingenious, but it was no answer to the present actiorn
and he felt bound to express his opinion that the defendant had
failed in all his pleas, and that the plaintiff was entitled to a
verdict, with such damages as the Jury should think uncle! the
circumstances he was entitled to.
'The Jury, having consulted for a few minutes, returned a
verdict for the plaintiff—Damages, 250/.
COOK AND OTHERS V. HITCHCOCK.

This action was tried by a special jury. The plaintiffs
are Messrs. Cook and Gladstone, Manchester warehouse=
men and silk-mercers, and the defendant is George
Hitchcock, brother of William llitchcock, the bankrupt,
whose case excited so much sensation a short time since.
The action was to recover the amount of a bill of ex-
change for 7,0001., accepted by the defendant and hid
brother.

The defendant pleaded, first, that he did not accept the
bill in question; secondly, that it was accepted only upon
the condition that it was to be renewed at the expiration
of every twelvemonth for some years, and also that it was
only given as a security for the re-payment of the sun
mentioned in seven years; but that, in violation of the
agreement, the plaintiffs never advanced the money, and
it was likewise pleaded that they had charged a usurious
rate of interest, viz., 71. 10s. per cent. for the use of the,
money, and that the defendant, therefore, was not liable.
Mr. Thesiger, Mr. Sergeant Chappell, and Mr. M.
Chambers were for the plaintiffs; and Mr. Platt and Mr.
Peacock for the defendant.
The bill having been put in, and the acceptance proved„
Mr. PLATT addressed the Jury, and alluded at some:
length to the pleadings.
Some deeds and documents having been .put in, the
Learned Counsel called
Mr. W. Hitchcock, who deposed that he formerly car-;
ried on the business of a linendraper and silkmercer
Regent-street, and that he had had extensive business
transactions with the plaintiffs, and had been in the habio
of borrowing money of them on various occasions. In
the month of April, 1840, he was desirous of obtaining
from them a further sum of 7,0001., and the plaintiffs
agreed to let him have it if he could get the security of his
brother, the defendant. After some negociation witness
, and his brother went to the plaintiffs' house, and had
an interview with them. At this time the plaintiff's
held the leases of Nos. 114 and 11$ in Regent-street,
as security for the money he owed them. An arrange-
ment was made that the money should be advanced
for seven years, and his brother was to join him in giv-
ing security ; and he proposed that the lease of No. 118
should be placed in his possession as a guarantee ; this
was arranged, with interest at 7- per cent. It was then
arranged that the interest should be paid every year, and
a bill for .525/. 12s. 6d., being the amount of the first
year's interest and the stamp, was drawn by the plain-
tiffs, payable in twelve months, and witness accepted it,
and it was paid in due course. The bill for 7,0001. was .
drawn and accepted by witness and his brother, and at
the expiration of the first year it was replaied by an-
other bill for the same amount, payable in another year.
This was the bill upon which the present action was
brought.

Cross-examined—Witness was a bankrupt, and had
not got his certificate. His examination was adjourned
sine die, but he intended to go up again.
Mr. THESIGER—DO you remember hearing the Com-
missioner say that you left the Court unworthy of credit?
Mr. PLATT objected to such a question being put, and
it was not pressed.
The examination taken before the Commissioner of
Barikrupts was then put in, to contradict the statements
made by the witness Hitchcock. The examination of the
present defendant was also put in.
Mr. THESIGER addressed the Jury at some length,
contending that the defendant's case had entirely failed ;
that the evidence of the bankrupt was unworthy of credit,
and that the plaintiff was entitled to a verdict.
Some argument then took place upon the pleadings,
and after considerable discussion,
Lord ABINGEA expressed his opinion that the only
pleas upon lath a question would arise were those al-
leging. usury. And he left it to the jury to say-Ist,
Whether the loan was for seven years at 71 per cent. ;
and, if so, he was of opinion it was usurious, and the pro-
missory-note void. 2d. Whether the money was lent at
71 per cent., and that it was part of the original agree-
ment that the security for the loan should be the note of
the brother and the security of the lease.
The jury found, first, that it was a loan for seven
years at 7 per cent. ; secondly, that the principal se-
curity was the note of hand, and that the lease was the
collateral security. After considerable discussion whether
the verdict should not be entered for the defendant upon
the third issue, the Learned Judge directed a special
verdict as found by the jury to be entered on the record
as above stated, leaving it to the Court above to decide
for whom it should be ultimately entered.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.

Robert Sortie, a private in the 3d battalion of the let
Regiment of Foot Guards, was charged with robbing a
sailor named Edward Huntley of a 51. Bank of England
note, under the following circumstances:—
The prosecutor was on Wednesday morning discharged
from her Majesty's ship of war, the Sulphur, a botnb
vessel, lying off Woolwich, and on board which he had
been serving for a considerable period as an able seaman,
He had been drinking about from one public-hoase
to another during the day, and about seven o'clock in
the evening met with the prisoner somewhere in the
neighbourhood of Lambeth, and wishing for " a mess-
mate to say a word to and not have all the fun to him-
self," they had something to drink together, and then he
treated him to the Surrey. Theatre. The performance
not being in his (the prisoner's) opinion " ship-shape
like," they left before it was half over, and proceeded in
a cab to see Madame Tussaud's Exhibition, at the
Bazaar in Baker-street, Portman-square, but on arriving
there found it was shut up; they therefore adjourned to a
neighbouring public-house, and drank very intemperately,
until at last the prosecutor got into scab in Conduit-street,
Bond-street, intending to proceed home, and was bidding
the prisoner " good night," when he jumped up on the
top of the cab, and snatching the note in question from
amongst several others the prosecutor had in his hand,
was running off with it as fast as he could, but was
pursued by police-sergeant, No. 7 of the C division, who
name up at the moment and secured him. lie dropped
the note just as he was seized hold of.
The prisoner made no defence.
A sergeant of the regiment said that he had borne a
very good character since he enlisted.
He was fully committed to Newgate.
UNION-HALL.
Five lads were brought up for bathing in the Surrey
Canal on the preceding evening.
The defendants were observed in the canal between
seven and eight o'clock in the evening, and shortly after-
wards presented themselves in a state of nudity on the
banks, at a time that the young ladies belonging to a
boarding school in the neighbourhood were walking. As
the hour appointed for bathing, which was after :nine
o'clock at night, had not arrived, a policeman took the
defendants into custody.
The defendants said that they did not intend'to insult
any person, and had gone into the water to cleanse them-
selves after their work.
A gentleman said that the schoolmistre is was to blame
for taking her scholars to that part of theeii. al where the
boys were bathing, as all the inhabitants knew it was ap-
propriated for that purpose, anl that alle could easily
have avoided that spot.

. ........;~.) S. ..'~_.. ...

_ ,

The Mac'sman; said that he should not punish per-
sons for enjoying the recreation of bathing, which was
such a luxury, and at this time of the year, and tended
to preserve health. He thought the schoolmistress was
blameable in taking the young ladies near the spot which
could have been avoided according to the gentleman's
account. He. however, cautioned the defendants to keep
as much out of public observation as possible when bath-
ing, and discharged them.

TO CORRESPONDENTS.
Plianogen's paper is left in the office for him.
The communication from Birmingham reached us, but a
press of matter compelled us to postpone inserting it.

HIGH WATER AT LONDON BRIDGE THIS DAY.
►lnrning l6 minutes after 0 1 Evening ... 46 minutes after 0.

LONDON:
FRIDAY MORNING, AUGUST 5, 1842.

CHINA AND INDIA.
By the arrival of the Overland Mail from India,
we have received Bombay papers of the 18th of June,
with late and important intelligence from the Indian
Presidencies, A ffghanistan, and China, of which am-
ple details will be found in another part of The Sun.
The intelligence from China is to the 12th of April
inclusive. The last Overland Mail brought an ac-
count of an attack by the Chinese upon Ningpo, which
was repelled with great spirit by the English troops.
The Celestials then set themselves to cut off the sup-
plies, which obliged the British troops, under the
guidance of the gallant General Sir HUGH GOUGH,
to march against a strong camp of 6,000 men, which
they had formed at Tsee-Kee, about ten miles from
Ningpo. The force was composed of detachments of
the 18th, 26th, and 49th regiments, and a naval
brigade, in all 1,100 strong. The Chinese fought
well, but they could not resist the overwhelming
influence of British discipline. They fled,

leaving upon the field from 600 to 900 of their
men killed, ,and many wounded. The British
had but three men. killed and forty wounded.
Among the latter were Mr. HAMBLY, of the 'Marine,
and Captain REYNOLDS, of the 49th, slightly ; and
Lieutenants MONTGOMERY and LANE, of the 49th,
severely. The 18th Regiment did not arrive in the
field till the. Chinese had begun to scamper off.
There was a report that the Chinese army was imme-
diately afterwards strongly reinforced, and that they
would again attack the garrison at Ningpo.
A report prevailed in the bazaars at Hong Kong
that YANG, an Imperial Commissioner, was on his

ourney from Pekin to Sir H. POTTINGER, charged
to offer the Plenipotentiary forty millions of dollars,
in full compensation for the destruction of the opium,
the expenses of the war, and the evacuation of the
Chinese territory. His Celestial MAJESTY is said to
be terribly alarmed at the deliberate course of con-
quest and settlement adopted by the English, so con-
trary to the sudden overrunning, and as sudden eva-
cuation of invaded territories by Eastern conquerors.
We trust this intelligence may be true, as it is high
time that something were done to bring this very dis-
creditable conflict to a close. Nevertheless, the
Chinese Government has not relaxed the execution of
its edicts against opium smuggling in the Canton
River. Of 100 smugglers seized near Whampoa, 44
were decapitated in Canton in one day, and 16 a few
days subsequently.
The Chinese authorities have issued an edict offer -
ing quarter to such black or red " barbarians" in the
British army as in the day of battle shall demand it,
and declare that they were forced to fight against the
EMPEROR, in opposition to their own inclination.
This certainly indicates a very merciful disposition
on the part of the Government. In the same edict
great rewards are offered for the capture alive
of " Barbarian Eyes" (officers), and of common red
and black devils (soldiers and sailors). At Amoy all
was quiet. The natives had all deserted the island of
Koo-long-soo, garrisoned by the British. The garri-
son was greatly weakened by the withdrawal of 300 of
the Royal Irish, by command of General Sir H.
Gotron, to reinforce the more threatened garrison of
Ningpo. Such is the substance of the latest news
from China, where we regret to say no improvement
in trade had taken place.
From Affghanistan the news is less satisfactory.
Notwithstanding the frequency with which the Cau-
bul passes had been forced, AKBAR Kurazi had not in
the least reduced his demands. His last demand from
General POLLOCK for the release of the prisoners
was a sum of 80,0001. paid down, an annuity of
20,0001., and secure possession of the .Aflghan
throne. Generals PoLLocx and SALE were still at
Jellalabad, unable to proceed to Caubul for want of
camels and stores. hey had a force of 10,000 men.
On-the Bth of blay letters were received by General
SALE from FUTTER ,TJNG, the favourite son of the
Shah SOOJAB, calling for reinforcements, as AKBAR
had besieged him in the strong fortress of Balla
liissar. A subsequent letter stated that ARBAR had
aot possessiou of Ballar Ilissar by a clever strata.

gem. "He went to Caubul," says the writer,
" taking POTTINGER with him, and gave out that
General PoLLocK had agreed to place him on the
throne of Caubul, and that Major POTTINGER had
accompanied him as Envoy, upon which almost all in-
fluential men, except ZEMAN SHAH, deserted poor
FUTTER JUNG, and joined with that most particUlar
rascal and assassin." The body of Gen. ELPIIINSTONE,
for which a ransom of 1,0001. was paid, arrived in
Jellalabad, in a frightful state of decomposition, and
was buried there.
To our astonishment we find it stated, in the India
papers, that our reverses in Affghanistan were the re;
suit of the discovery, by AKBAR KIIAN, of a plot
formed by Sir W. APNAourEN to carry off the Aff-
ghat' Chiefs. The writers state that all the particu-
lars having been officially forwarded to the British
Government, by the last Overland Mail, it is un-
necessary for them to detail events which they pre-
sume, to be now well-known in England. Our

readers, however, are aware, that if such grave facts

have been communicated to the Government the
secret hitherto has been well kept. But justice to
the memory of a highly-prized public servant re-
quires that the whole circumstances should now be
made public. With a view to accelerate a full expo-
sure and investigation of facts, not to cast the
shadow of censure upon the late distinguished Envoy
at the Court of Shah SOOJAH, we quote an extract,
from the letter of the Bombay correspondent of the
Morning Chronicle, dated the 18th of Jur.e, the date
of the departure of the India Mail :
" The disclosure of Sir WILLIAM 11.1.4.NAGIITEN'S
deceitful conduct towards the Affghan Chiefs at Cau-
bul, to which, unhappily, may be attributed in a great
measure, if not entirely, the series of terrible events
commenced by his assassination, and terminated by
the ghastly massacre in the passes of Teezen, came
upon us with startling suddenness, and has rendered
deeper and more permanent the grief with which all
who have at heart the preservation of their country's
honour must look back upon those calamitous occur-
rences. While censuring, with the bitterness of
natural abhorrence, the monstrous perfidy. of AK-
BAR KHAN, and advocating a severe and well-
merited retribution, little was it thought that our
own Envoy had planned an act of treachery so
disgraceful as to form sufficient provocation
for the deed by which he fell! If all that is stated he
true—and the facts rest on evidence which it would
be madness to call in question—Sir WILLIAM
APNAGItTEN's proceedings have fixed a darker stain
On our hononi than the Whole of our reverses, and his
name must go down to posterity with a stigma that
nothing can remove. For AKBAR KHAN there was
at least the plea of partial barbarism ; and this may
even be applied in extenuation of the treachery—hor-
rible though it was—by which our army was de-
stroyed ; but for the British Envoy, none whatever
can be urged. The blow which he sought to inflict
recoiled upon himself, and he fell, the victim not more
of the SIRDAR'S treachery than his own.
"General ELPHINSTONE'S diary and statement, and
the different narratives, depositions, and other official
documents relative to the events which preceded and
followed the disastrous retreat from Caubul, were
sent home by the last steamer, though their contents
were not made public here ; and your readers are
therefore no doubt aware of the circumstances which
attended the Envoy's attempted betrayal of the Aff-
ghan Chiefs. On this point, consequently, informa-
tion will be unnecessary; and it will suffice to con-
fine the present summary to events which have oc-
curred subsequently to the accounts transmitted to
England on the 23d ult."

General ENGLAND arrived at Candahar, and joined
General NOTT on the 9th of May. The force there
consisted of 10,000 fighting men, being the same num-
ber as at Jellalabad ; but they too were prevented
from marching upon Caubul by the want of camels
and stores. The Ghilzies had again attacked Khelat-
i-Ghilzie, in consequence of which Colonel WymEa,
at the head of 5,000 men, was marching to attack
them.

On the 3d of June Calcutta was visited by a ter-
rific gale, which injured forty vessels in the
Hooghley River. Many houses were thrown down,
and great loss of property sustained. There were
fears entertained that it would injure the indigo
crop. The King of OUDE'S death, and the peaceable
accession of his eldest son, SOOJAII JA II; to the
throne, took place in May, and were speedily commu-
nicated to the Governor-General in Council.

India has suffered greatly from cholera this season.
When the last mail departed the pestilence was
happily on the decline. At Kunachee 200 men in
her MAJESTY'S service, most of them Sepoys, have
fallen victims to it.

The Corn-law Returns, published yesterday, show
an average price of wheat for the six weeks of
645. 7d., which makes the duty still Bs. Already,
however, the returns begin to feel the influence of
the weather, and the average price of the week end-
ing the 30th of July was 635. 9d., being Is. 7d. less
than the average price of the week ending the 234 of
July. No further rise in average prices can, there-
fore, be looked for, and the holders of wheat must now
decide whether they will introduce it at an Bs. duty
or hold it over, with a chance of not being able to in-
troduce it, unless by paying a much higher rate of
duty, for two or three years. We presume that they
will decide on clearing a considerable quantity at the
present rate of duty, and thus, under Sir R. PEEL'S
Bill, the great importation of this year will be at
the sum proposed by the Whigs as a fixed duty.
There was an expectation that the average prices
would reach a much higher figure, and wheat be im-
ported at a nominal duty. If Sir R. PEEL'S Bill
have prevented this without adding a grain to cur
supply, which we believe no person will assert, then
its effect will be merely to enrich the Government,
and impoverish the corn-dealers to the whole amount
of the duty. It will have, however, to share the
merit of this with the fine weather and the early
harvest.

There is no news of any interest in the French
Journals.

. Marshal GERARD has published an Order of the
Day, dated August 1, in which he communicates to
the National Guard of the Seine, the troops of the first
military division, and those of the division extra
muros, the following letter from the KING, dated
Neuilly, July 31 :
"My dear Marshal,—lf my lacerated heart could find
some consolation in the, misfortune which overwhelms
me, it would be in the conduct yesterday of the Na-
tional Guard, the army, and the population. I take
pleasure in addressing myself to you, my dear Marshal,
in order to make known to all how deeply I am im-
pressed with it—to you, whose feelings of long date for
me and my beloved son, whose loss we weep, brought
you to the spot where this terrible blow assailed me.
My dear Marshal, your affectionate
" LOUIS PHILIPPE."

The number of persons who visited the cathedral of

Notre Dame on Sunday is estimated at 60,000. One
of the King's aides-dc-camp, two colonels, and two
lieutenant-colonels from the National Guard and the
army, two officers of the same rank from the navy, and
two orderly officers of the King and Princes, are on
duty round the body, remaining stationary in turns at
the four corners of the catafalque, relieving each
other every six hours. The number of visitors yes-
terday was certainly greater than on Sunday, and
they consisted generally of well-dressed persons.
The queue extended to the Quai aux Fleurs ; many
were in it from five to six hours before they could
reach the cathedral.

The Augsburg Gazelle publishes a letter from Con-
stantinople, of July 13, containing the following :
" In consequence of the combat which took place, near
Bagdad, between the Turkish and Persian troops, the
Porte had given orders to all the disposable troops in
Syria to be directed ,to that point. Disturbances have
broken out at Sophia and Nissa, and a reinfor,•einent is
considered necessary.
The Moniteur, of the 2d, publishes in its official part
the following note :
" His Excellency Lord Cowley, Ambassador of her
Majesty the Queen of Great Britain, presented to the
King. at a private audience yesterday at Neuilly, the
reply of her Majesty to the notification of the death of
the Prince Royal.'
The Globe says it is authorised to declare that the
party in the Chamber of Deputies, of which M. Dufaure
and M. Passy are regarded as the leaders, will support
the Ministry during the present session, as to the Regency
question, whatever may be its course as to the questions
which may arise in the next session.
The Siecle says •' that the Members of the Centre and
the Left.Centre, being infmmed of the resolution adopted
at the meeting of the Tiers part, to support M. Dufaure
as a candidate for the Presidency, have almost all sponta-
neously decided, that on the first ballot they would
give their votes to M. Odillon Barrot, and on the second
ballot, would unanimously give their votes to M.
Dufaure, in opposition to the Ministerial candidate."
According to the Courricr Francais, a report is spread
that M. Dupin is to be appointed to draw up the report
on the project of law on the Regency, and to support it
, „ • ,•._ _•.

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