The Sun.
London, England, 1842-04-22 00:00:00

TJIZSCMLZAIV7...:OVS.

Sir P. C. Durham succeeds to the estates of teutenant Dur-
ham, R.N., who died lately at his seat, in Fifeshire.
On this day, in 1809, the battle of Eekmuhl was fought be-
tween the Archduke Charles and the Emperor Napoleon. The
battle began at two in the afternoon, and the Austrians, be-
sides their loss in the field, left in Napoleon's hands 20,000
prisoners and 15 colours:.
Mr. Roberts, clerk of -6. n agent on Lord Bloomfield's estate,
was shot on Sunday lastAicar Moneygall, in King's County,
Tipperary. . A -Mrs. Carry , who was close to him, was so se-
verely wounded that she has since died. Dr. Biuden, a sur-
geon, has received notice that he is next on the list. Govern-
ment has offered large rewards for the apprehension of the
miscreants.

Senor Agtiado, the Spanish Minister, died of apoplexy at
Gijon, in the .A.usturiis, on the 12th instant, in the 50th year
of his age. He leaves a property of upwards of 2,000,0001.
sterling to be divided among his three sons.

EXCHEQUER COURT, Yesterday.

THE BANK OF ENGLAND V. TOMKINS.--.THE EXCHEQUER-

DILL FRAUD.

This case, which excited considerable interest, as connected
with the recent frauds in Exchequer-bills, was tried before
Lord Abinger, at the sittings after Hilary Term, at Guildhall,
when a verdict was taken for the Bank—Damages 8,000/.

Mr. GILL now moved for a rule to show cause why the ver-
dict should not be set aside, and a new trial granted, on the
ground of misdirection on the part of the Learned Lord who
tried the cause. It appeared on the trial that the defendant
had deposited eleven Exchequer-hills far 1,0001. each with the
Bank, and that the Bank advanced 11,0001. on this security,
under the agreement that if the money advanced was not forth..
coming on a certain day, the Bank might sell the Exchequer-
bills. The dfeendant raid 3,0001. within the time specified,
and had back three of his Exchequer-bills, but the others re-
mained in the plaintiff's hands, and those Exchequer-bills after-
wards appeared to have been forged as respected the sig-
nature. Lord Monteagle said, on the trial, that hif name,
which appeared to the Exchequer-bills was forged, and Mr.
Percival, who was the only person authorised to sign Lord
3lonteagle's name, also swore that the signature of Lord
Monteagle was a forgery. It clearly appeared, however, that
the paper on which the Exchequer-bills was printed, the print-
ing, and the stamp or seal of the Exchequer-effiee, were ge-
nuine. In other words, the Exchequer-bills which the de-
fendant deposited with the Bank, were genuine in every respect
but as regarded the signature.
Air. Baron 13.11210 E—The case is quite clear. The Bank
was to advance money on genuine bills. The bills depositied
were forgeries. The Bank had, therefore, a right to demand
the re-payment of the money advanced. If the defendant had
any claim on the Exchequer Bill-office, on the ground of neg..
ligence, that was entirely a different question. The defendant
might bring an action on the case, or his claims would be taken
into consideration with those of other persons who held the
forged bills.
The other Barons concurred, and the bill was refused.
THOZNTON V. PORTMAN.—TIII: GURNEY CASE.

This case was tried before Lord Abinger, at the last sittings
for London ; when a verdict went for the plaintiff—Damages,
1,2501.
Mr. GILL now moved for leave to show cause why the ver-
dict should not he set aside, and a nonsuit entered. pursuant
to leave named on the trial. The Learned Counsel stated the
case as given at the trial, with the result, and in conclusion
said the application now made to the Court was founded on the
fact that the agreement was illegal, and could not be sustained.
The Con ELT inquired whether the illegality had been pleaded.
Mr. COLE admitted that the illegality- had not; been pleaded.
The question for the Court was, whether it was necessary to
plead the il:egality, as it appeared that the facts establishing
the illegality had been given in evidence by the plaintiff.
. Baron Pauxe said, it had been decided in a late ease in the
Court of Queen's ',fetich, an.,l he thought rightly, that illegality
was not an available defence for a defendant, unless specially
pleaded, although it appeared in the plaintiff's ease.
Ain GILL submitted that the argument in this case was in
furtherance of what, in the eye of the law, was illegal.
Baron PARKE said, it was contrary to law to gamble, hat he
was not prepare,' to say it was contrary to law to pay gaming
debts. the Court did not decide in this ease that the contract
was illegal, but, under the new rules, if such a defence was to
be set up, it must he speailly pleaded.
The other Barons concurred.—Rule refused.

ROYAL SURREY THEATRE.
Wonderful attraction, and in:itchiest; Stud 01- Horses.
THIS EVENING, APF.IL 22,

Will be performed the Grand New Equestrian Spectacle, entitled
THE PEARL OF THE HAREM, HER KOORDISH LOVER,
AND HIS WAR STEED, BEDA.—With ,magnificent Scenery,
Costume, and Applint.sents ; a D.uhle Company, Equestrian and
Dramatic, and the finest Stud of Horses in the World.
After which, in a snore extensive and splendid Arena than ever
nefote witnessed. THE SCENES IN THE CIRCLE, introduc.ng
Mr. B &TTY'S unrivalled CoPection of Animals, consisting of nu-
merous and matchless Cream-coloured Horses, Andalusian Chargers,
Spotted Coursers, Fairy Palfreys, and Pigmy Poneys, and the most
talented Vaulters, -Riders, Gymnastics, and Contortionists in the
kingdom.
To conclude with the Historical Pantomime (with Ncw Scenery)
of PEROUSE; or, the MONKEY of the DESOLATE ISLAN D.—
Chimpanzea, the Monkey, by Mons. Gouffe.

FRENCH PLAYS, ST. JAMES'S THEATRE.

Last Week but one of ;klademoisels's Plessy'e•Eng:gement.
THIS EVENING, APRIL 22,

The Perfamances will commence with LES FEES DE PARIS.
After which, ESTELLE; OU, LE PERE ET LA FILLE.—
Estelle, Madlle. Plessy.
To concluda with L'ECOLE DES MARlS.—lsabelle, Mademoi-
selle Plessy. _ _ _

Boxes, Gs. ; Pit, 3s. 6d. ; Amphitheatre (or Gallery Stalls), 3s. ;
Gallery, 2s. Doors will be opened at Seven o'clock, and the Per.
formances commence at Half-past Seven.
Applications rO," Boxes and Stalls for the remainder of the Season,
to be made at Mr. Mitchell's Library, 33, Old Bond-street; Mr. Se.
guin's, 12, Regent-street; Mr. Sams's, St. James's-street; and at
the Box.oftiee of the Theatre, which is open daily, from Eleven
till Five o'clock.