The Sun.
London, England, 1842-11-03 00:00:00

ebtrb Xltitton

THE FUNDS-( CLOS I NG PRICES.)
BRITISH FUNDS.
Bank Stock .166 'lndia Stock —pm
3 per Cent. Red. .... ... 93 Ditto Bonds ....•••..„ 52 pm
3 per Cent. C0n5.......... 93i Ditto Old Annuities --
3i per Cent. Red ...100a Ditto New Annuities...
New 31, per Cent... ...... 101 i Ex. Bills, 1,000/....2d. 59 pm
Nstiv 5 per Cen' — Ditto 500/... ••
Long Annuities to expire Ditto Small 59 pm
Jan. 1860 ....•.... 12 5-16 Bank Stock for Acct.
Oct. 1859
Jan. Is6o l2a !Consols for Acct ...... 93i
FOREIGN FUNDS.
Austrian, 5 per cent. ... Portuguese, 5 per cent.
Belgian, 5 per cent — Ditto, New Ditto
Brazilian Bonds... ...... 631 Prussian, 5 per cent.., —
Buenos A yres 6 per cent 22 Russian, 5 pei cent —
Chilian, 6 per cent — Ditto, Metallic ..... . ....
Colombian, 6 per rent — Spanish, 5 per cent l7l
Ditto, 1824 — Ditto, Deferred.... .„
Cuba Bonds, 6 per cent 791 French, 5 per cent. —f. —c.
Danish, 3 per :ent B3 Exchange
Greek, 1825, sper cent. French, 3 percent —f. —c.
Mexican, 5 per cent.... 321 Dutch, 24 per cent. s2il
Ditto, 6 per cent. 1837 Ditto, 5 per cent. ...... 1001
Peruvian, 1825,6 per et. 17
SHARES.
Eastern Counties (23 paid) ... 8%
Ditto New (—paid) lO
Edinburgh and Glasgow (50 paid) ......
Ditto New Shares ( 5 paid) 44
Great, Western, (65 paid)
Ditto New Shares (50 paid ..
Hull and Selby (50 paid)... 32:1-
London and Brighton (50 paid) 36;
Ditto Loan Notes (10 paid) a 10'
... ..... .••
I.ondon and Blackwall ( paid) • 6
London and Birmingham (90)
Ditto Thirds (32 paid) ....... ........... . . 60%
Ditto New Shares ( 2 paid) ..............30
Northern and Eastern (45 paid) •36-1,
Paris and Rouen (20 paid)
South Eastern and Dover (50 paid)...
Ditto Scrip (20 paid) '.. loi
York and North Midland (50 paid) ... 9l

QUEEN'S BENCH—(THIS DAY.)
(Continued from our Afternoon Edition.)
MILBANKE V. GRANT.

This was an action brought by the plaintiff, a me-
dical practitioner, to recover the amount of his bill,
from the defendant, for medical attendance. The case
was tried before Lord Denman, at the last Middlesex
sittings, after term, and a verdict had been returned
for the plaintiff of 281. 1 ls. 10d.
Mr. CROWDER now applied for a rule to show cause
why the verdict should not be set aside and a nonsuit
entered, or why a new trial should not be granted.
He made this application on two grounds—first, that
the plaintiff was not duly qualified as an apothecary,
and therefore could not recover ; and secondli, that
the plaintiff had previously sent in a bill of particulars
to the brother of the defendant, demanding from him,
the brother, the amount ; thus showing that
the plaintiff considered he had been em-
ployed by defendant's brother, and not by defendant.
With regard to the first point, it had been admitted
by the plaintiff that he was not a licentiate of the
Apothecaries' Company, and therefore to enable him
to recover it was necessary for him to show either
that he was in practice on Ist August, 1815, or that
he had held a commission as a surgeon or as-
sistant-surgeon in the army or navy. A Captain Gar-
rett had been called, who proved that plaintiff
had acted as assistant-surgeon to the Tipperary Mi-
litia from June, 1809, to July, 1815, at which period
he had left, and had been re-appointed in 1818. No
commission had been produced, although Captain
Garrett, who had acted as Paymaster, stated that he
had paid plaintiff as assistant-surgeon, and that he
should not have done so if plaintiff had not
produced his warrant or commission. Now,
this evidence did not show that plaintiff was in prac-
tice, on the Ist of August 1815, and it had been held
that it was necessary to show that a party was in prac-
tice on that day, to enable him to recover, and that
showing he had been in practice previous to that day
was not sufficient. With regard to the plaintiff's al-
legation that he was an assistant-surgeon in the Tip-
perary Militia, the Learned Counsel submitted to the
Court that the commission itself must be produced
or at least shown to have been lost before secondary
evidence of the fact, such as that tendered by Captain
Garrett, could be admitted. On the second point, the
Leanied,Counsel for the defendant had, at the trial,
called 'a witness to produce the bill of par-
ticulars which had been sent in to defendant's
brother. That witness happened, unfortu-
nately, and quite unexpectedly, to be absent at
the time, and, consequently, did not appear.
He now, however produced an affidavit from that
witness satisfactorily accounting for his absence on
that. occasion ; and the bill of particulars delivered to
the defendant's brother was annexed to the affidavit,
which bill corresponded exactly with the bill delivered
to defendant. _ _

_
Lord DENMAN decided against the application on
the first point, thinking that there was evidence to
go to the Jury as to the fact of the plaintiff having
held a commission in the Tipperary Militia, and that
after a lapse of 27 years he could not be called upon
to show what had become of the warrant under which
he had acted. On the second point the defendant was
entitled to his rule.—The other Judges concurred.
Rule nisi fora new trial granted on the second point.

SPIRIT of PUBLIC JOURNALS,

FROM THE EVENING PAPERS OF THIS DAY.
GLOBE.—The bursting of the British Ameri-
can Emigration and Colonization Bubble, and
especially the circumstances which led to the ex-
plosion, continue to excite no inconsiderable sur-
prise, even among those whose position has en-
abled them to watch the concoction and working
of similar schemes, and their temporary success
in drawing the credulous and unsuspecting within
their snares. The source of this surprise is dis-
covered in the prominent place assigned to his
Grace the Duke of Argyll in the formation of the
Association, and the confidence with which the
agents of the scheme have referred to his
Grace as the parent of the undertaking—
a statement which received a considerable mea-
sure of confirmation from the fact, that in
theprogramme of the scheme, the Duke of Argyll
was held up as the illustrious " President " ot the
Association. A long list of Scotch Baronets
were included in the list of Directors—we beg
pardon, "Commissioners"—in whom the honour '
and responsibility of managing the affitirs of the
Association were invested. That such an Asso-
ciation—the Duke of Argyll at its head, and a
loin.; line of titled names following, with due re-
gard to heraldic precedency, as honoured asso-
ciates.with him in the cause of Emigratioir and
Colonization —that such a confederacy of titles
and philanthropy should turn out no better than
it should be—a scheme to entrap the unwary—
another of those bubble-companies, by which so
many of our fellow-countrymen have been de-
ceived to their ruin—was indeed a finale to so
high-sounding an overture for which few, if any,
were prepared. Yet such it has proved! We
alluded yesterday to the history of this additional
instance of the ingenuity and impudence which
characterise the-proceedings of adventurers who
prey on public credulity, for the purpose of cau-
tioning persons of rank against being duped into
giving eclat to such schemes by permitting the
use of their names as Patrons, Presidents, Chair-
men, or in any other way, until they have, by
close personal inquiry and investigation, obtained
assurance that they are rendering a service to
the public by giving this certificate of good cha-
racter to the projects, instead of being, as they
often have been. the mere tools with which
knaves have worked upon the unsuspecting,
Whom they have fleeced by their means. To this
extent only we were at the first inclined to re-
gard the Duke of Argyll as blame-worthy. We
treated him as the dupe of clever knaves; who
]lad
cajoled him into lending his high-sounding
name to their scheme, well-knowing that their
own would be ineffectual for deceiving even the
most simple.
A closer acquaintance
with, and
fuller information upon, the subject, supplied by
his Grace's own er.t.o the Lord Mayor, place
the Noble Dukeettina position from which we
can
cannot see how he escape without paying the
penalty of the responsibility. he has chosen to
every incur, by indemnifyingone who has been
induced to embark-his property, or to intrust his
person to the supposed . integrity of the scheme,
on tl;e faith of his Grace's name. From this re-
sponsibility there is no loop-bole of retreat.
STANDARD.—A reverend gentleman lately
charged the Conservative press with
apostace
haNY'L'
.because of the less attention which v,
lately devoted to the proceedings of Mr. O'Con-
nell and the political Roman Catholic party in
Ireland. We have an unfeigned respect for our
accuser—hard as is the measure of his renronf_
and can easily enough understand wily he, who
Properly confines his consideration to the strictly
rOigions question. should look at the progress
of affairs in a light different from that in which it
limits
present itself to us, who transgress the
nits of Our province, if we go beyond conside-
rations merely potitiel'i Not that our care for
the interests
others,
true (religiion ought. to he less
than that of
tvzstrerein,qsn anyt
iers, hut that we are incompe-
tent to
save its political defences.
of the Protestantpotuistsel'int
that the political defences
are secure in the custody
of her Majesty's
ab-
solutely free from till danger, Ministers, or, if not •
at least so much
more secure than under the ascen-
dancy 'of Mr. O'Corinell' tool
menprepared
with heavy blows and great discouragement
for
the religion of truth—as to authorise:f
not en-
join', a different line of action on.our
part. No,
is the time ihr the immediate ministersf-
cli-
gion to exert themselves zealously as such;
have done our Fart in labouring to procure them
as t
an opportunity, freQ from the malign influence

of a corrupt and hostile Administration-:Llet
them use that opportunity, as we believe the im-
mense majority are using it. Although, how-
ever, the Mr. O'Connell of 1842 is a very diffe-
rent person from the Mr. O'Connell of 1840, this
" Wallenstein of the gutter," while he is
still able to keep round him his •rabble
of adventurers and desperadoes, and to persist in
his career of outrage, delusion, and robbery, must
not be !altogether neglected, merely because he
can no longer display a recognised banner.
Treason from the lips of lany one, however con-
temptible, may lead to mischief; and from the
lips of a chief of faction it will probably infect of
his faction as many as are not already thoroughly
tainted, and even reach others. The O'Connel-
lite faction, too, though hourly diminishing by
the secession of conscientious land prudent men,
must be expected to receive in exchange re-
cruits from the wounded self-love or disappointed
ambition of many deserters from other parties, if
men are not fully warned of the road upon which
they enter when they proceed to join him.