The Sun.
London, England, 1842-02-26 00:00:00

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_ _ ' • .4, ‘ll=l E , V.,
No. 15,438. LONDON, SAT U RDAY
44
,
N G
FEBRUAR Y 26, 1842

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LAW INTELLIGENCE.
COURT OF QUEENS .BENCH. Feb. 24:
(Before Lord Chief Justice DENMAN and a Special Jury.)
RAINET V. RAINBRIGGE.

THE NEW NAUTICAL ROMANCE.
Now ready at all the Libraries, in 3 S vols., IR HENRY MORGAN,
THE BUCCANEER.
By EDWARD HOWARD, Esq.,
Author of

.us co-lahurers were to denounce him for
I•imes by night ? We, who notice the proceedings of the
Commons, labour through the greater part of the night,
and as we go home in the grey of the morning we see
policemen, cabmen, and watchmen, who seem to keep about
the same hours as ourselves. Thus the Members, and
clerks of Parliament, engine-drivers, mail-guards, eoach-
men on long stages, and all immense number of lab.ur-
ers of all kinds—not to mention the sailors who keep
watch, and the soldiers who are on guard—perform night
murk, as well as day work. With all due respect to
Mr. FERRAND, therefore, and to the Gentlemen of the
House of. Commons, many of whom keep men out at
night in the most inclement weather to watch their pre-
serves—from all these examples of work carried on at
night, we cannot hold it to be the least reproach to Mr.
COBDEN, or any other man, that he works his mills at
night as well as by day. All that is requisite to make
working by night just, is, that it should be voluntary,
and those.who submit to the inconvenience 'should be
proportionably rewarded. •

orintin,

The Solicitor-General, Mr. Erie, and anther counsel were for
the plaintiff; Mr. Hid, and another gentleman for the defendant.
This was an action brought b, the plaintiff, an eminent auctioneer,
against the surviving trustee tif an estate, for 383/., being costs out
of pocket, and a commission °Arne per cent on 35,0001 the price o!
an estate which plaintiff had b engaged to sell. The defence was,
that the estate in question, Brad Hall, in Shropshire, was sold by
private contract by one of the trustees, tke plaintiff ' having failed to
sell it by auction ; but defendant had paid 2031. 1 es. into Court,
as a full liquidation of all plaintiff was entitled to.
The question was, whether the plaintiff, was entitled to 1 per cent.
under the circumstances.
It appeared that in 1837; the defendant, and his deceased col-
leagues, wished to dispose 'OE four heavily mortgaged estates in
Shropshire, including Bra lall. Mr. Rainey undertook to sell
them, agreeing with Mr.. the solicitor and the trustees, for aShropshire,
remuneration of one per , whether ho should sell the estates
by auction, or whether they, fte, availing themselves of his sur.
veys, valuations, and advice, should effect a sale by private con.
tract before the day fixed for the auction. All the estates had
been sold by private contract, but the present question related to
Brand Hall only. In 1837 plaintiff put up the Brand estate, but
got.no bidders. Next year the trustees sold it to Mr. Sillitto, a
gentleman long resident in the neighbourhood for 35,0001, entirely
without the knowledge of the plaintiff.
Messrs. Hoggart, Wistanley, Lea, and Driver, eminent auc-
tioneers, were called up to prove, that according to the custom of
the profession, plaintiff was entitled to one par cent., though he
had failed in selling the estate.

UNDER THE SANCTION OF THE COMMITTEE
OF PRIVY COUNCIL ON EDUCATION.
ON WEDNESDAY, the 9th of MARCH, at
Half- past Eight o'Clock, p.m., Dr. D. B. REID will
commence a COURSE OF TWENTY LECTURES at
EXETER HALL, to be continued every successive Wednes-
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CHEAIISTRY OF DAILY LIFE.
In these Lectures will be included, among other topics, the
Chemistry of Air and Water; the Nature and Properties of
Steam and Gases, Respiration, Warming and Ventilating; the
Economy of Different Kinds of Fuel; the Prevention of
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Gas Apparatus, and the general principles and applications
of Chemistry, in relation to personal health and comfort, and
to the economy of daily life.
Ladies and Gentlemen may obtain Tickets of Admission to
the Whole Course, price One Guinea, at Mr. Parker's, Pub-
lisher, 445, West Strand; at Exeter Hall; at the Sunday
School Union, Paternoster-row; and from Mr. Glass, 15,
Duke-street, Westminster.

" Rattlin the Reefer," " Outward Bound," "Jack Ashore," Sic.
Henry Colburn, Publisher, 13, Great Marlborough-street.

THE NEW ROMANCE,
Now ready, in 3 vols. post 8.0.,
KARAHK A P L A N
Or, THE KOORDISH CHIEF.

A ROMANCE of PERSIA and KOORDISTAN,
By the Hon. CHARLES STUART SAVILLE.
Richard Bentley, New Burlington-street.
'",,* To be had at all the Libraries.

Now ready, revised, with corrections, additions, &c., in 3 vols.
Bvo., with Portraits of Columbus, Cardinal Ximenes, Con-
salvo de Cordova, Per linand and Isabella, &c.,
THE THIRD EDITION OF
THE HISTORY of the REIGN of FER-
DINAND and ISABELLA the CATHOLIC, of
SPAIN.

By W. H. _PRESCOTT, Eq.
Richard Bentley, New Buslingion-street.
Publisher in Ordinary to her Majesty.

OYAL POLYTECHNIC INSTITU-
TION, REGENT-STREET.—MORNINGS and
EVENINGS except SATURDAY EVENINGS.
NEW and VARIED LECTURES DAILY, with beau-
tiful ILLUSTRATIONS. NE W DISSOLVING VIEWS.
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TRAIN CONTROLLER. The MICROSCOPE, DIVING
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CANTON, by a CHINESE ARTIST. The MODEL of the
UNDERCLIFF, Isle of Wight, and various COSMORAMIC
PICTURES, are added to the Evening Exhibition.
Admission to the whole, One Shiliirc.

Should it be said that there is no necessity for night
work in factories and print works, we reply, that to
keep furnaces alight night work cannot be dispensed
with. Something of the same kind is true of large steam-
engines. It takes a considerable time to kindle the fire
and get the steam up, and much loss is incurred by al-
lowing the fires to go out. In print-works there are
chemical agents, whiClu:'-exe continually undergoing
change ; there is, as it Were, a power always at work ;
and when Corn-laws and other restrictions so limit
men's means of getting bread, and of getting wealth,
that their utmost exertions fail in attaining either, we
cannot be surprised at manufacturers desiring to econo-
mise the powers of nature, by using them by night as
well as by day. Neither, Mr. COBDEN, we presume, nor
any other master, employs the same persons both for
night and for day work. He has relays of hands, who
keep watch and watch, as. it were, and are paid
accordingly. It is no more a matter of reproach
to him and other manufacturers that they work at night,
than it is to the proprietors of all the Morning Papers
of the metropolis. The empty reproach which Mr.
FERRAND hurled against the manufacturers excited
roars of approbation from the Game Preservers, whose
night watchers sometimes get knocked on the head.

MR. AINSWORTH'S MISCELLANY,
ILLUSTRATED BY GEORGE CRUIKSHANK.
Price Eighteenpence. The Second Number of
AINSWORTH'S MAGAZINE,
CONTENTS.

Mr. Hoggart thought the ji;aintiff entitled to his claim. Wit.
ness had never got 1 per.,ce•inder such circumstances himself,
but he once demanded ivveherrTikop-erty worth 200;000/. had been
Fold ; and his claim being disputed, he accepted per cent, sooner
than go to law.
Mr. Winstanley had been paid 1 per cent, in a similar case, the
vendor making no objection whatever.

THE MISER'S DAUGHTER,
By W.-HARRISON AINSWORTH, Esq.
Chapters 111., IV., V., and VI.
With Two Illustrations on Steel,
By GEORGE CRUIKSIIANK.
Proverbial Philosophy: Second A Day and Night on the ranks
Series. By Martiu Farquhar of the Euphrates. By W.
Tupper, Esq. No. I. In- Francis Ainsworth, Esq.
troductory. No. 11. Gifts. The Gravedigget. A Tale for
The Virginny Pirate. By Uncle March. By C. Oilier, Esq.
Sam. Science and Good-humour. By
To the Crown Prince. By C. S. Laman Blanchard, Esq.
STRAWBERRY HILL.
With Ten Illustrations,
By W. ALFRED DELAMOTTE.
The Lady's Page. No. 11. The Gentleman's Tiger. No. I.
With an Illustration by Geo. With an Illustration by Geo.
Cruikshank. Cruikshank.
I. The Sofa at Sea. By Miss I. A short Chapter on Beards.
Pardoe. By Captain Medwin.
11. Matrimony. By Mrs. 11. Brighton. By Charles
Stone. , Hervey, Esq.
111. Queen Isabella of Spain. 111. Ode to Saint Valentine.
By the Hon. Julia Augusta The Drama.
Maynard. A Note of Music.
Tony Jobannot. By Charles Our Library. Table. With an
Montray, Esq: Illustration by George Cruik-
The Awaketier in the Desert. shank.
By John Osenford, Esq.
THE FIGHT OF THE FIDDLERS.
A Romance of the Reign of King John.
By G. P. R. JAMES, Esq.
Part. the First. —THE DANCING GIRL.
London, Hugh Cunningham, St. Martin's-place, Trafalgar-
square.

Mr. Driver instanced a case In which Baron Rothschild paid
without objection.

Mr, Hill contended that these precedents did not prove the
existence of a general custom. If such was the custom, it was
not a reasonable one; but, looking to analogy, it would be seen by
a recent decision in the Court of Common Pleas, that a broker
having undertaken to charter a ship, but having failed, was untitled
to nothing. Moreover, the plaintiff's own demands showed the
distrust of any such binding custom.

Mr. Breary, of Derby, an extensive auctioneer, who had sold
estates for the Duke of Devonshire, the Duke of Newcastle, and
other d stinguished noblemen and gentlemen, said he had never be.
fore heard of such a demand as this. Under the present sir.
curustances, he thought the sum offered as compensation,
namely, fifty guineas, ample remuneration for Mr. R.ainey, Wit.
Hess should consider himself very well paid at such a rate, and as
for charging for a preliminary conference he should think himself
sufficiently remunerated by the honour conferred, when a gentleman
sends for an auctioneer to consult him.—(Laughter. )
A cause formerly gained by Mr. Rainey, when he claimed a
commission on an estate sold before the day of sale was referred
to. But it was proved that, so far from causing the purchase
of the estate by Mr. Sinitic), Mr. Rainey, had continued
to advertise it for sale after that purchase, being in fact first
apprised of this transaction by Mr. Sillitto calling to ask what other
estate near Market Drayton was to be sold.

We must, in conclusion, offer our own explanation of
what Mr. FERRAND calls a quibble. lie stated, in the
first instance, on an anonymous authority, a great many
charges against the manufacturers; and, amongst others,
that Mr. COBDEN worked his mills at night. Mr.
BROTHERTON took up this, and justly inferred that if
the anonymous authority were no better on other

It was further argued for plaintiff' that the trustees had availed
better purchaser than Mr.
themselves .)f his experience in offices and connexions,_ and that
of
they had
ai actedntiff wn hhaon
md unhandsomelyh
ai in
e g closingot a with Mr. Sillitto unknown
Sillitto; and further that an auctioneer's time, as well as his actual
services in such cases, hould be paid for. In fact, his engage-
ment had not determined when the trustees sold Brand Hall to
Mr. Sillitto.

points, it was worth nothing, for Mr. COBDEN never had
a mill in his life. In that we see no quibble, but a very
natural and just inference. It could not be supposed
:hat the person who gave this minute inforthation was
ignorant of the difference between a mill and a print-
work, and when he made such an extraordinary mis-
'ake he was open to the suspicion that lie knew nothing
)f the subject. There was no quibble in this, but there
was astounding impudence in charging men with a
quibble in order to cover the retreat of presumptuous
gnorance. We hope that the time is not yet come when
loud-mouthed declamation in the House of Commons
.s to be suffered to stifle the voice of modest merit.

The Jury returned a verdict for the plaintiff to the amount of
fifty guineas.beyond the sum paid into Court.

FRIDAY.
His Lordship was engaged the whole morning in trying the case of
Evan's V. CHIPPENDALE,

a case involving several questions of disputed accounts. Various
attempts were made during the course of the miming to induce
the parties to refer the cause, but without avail. The case was of
no public intereit whatever.

-
POLICE INI'ELL/GENCE.
MANSION HOUSE.
James Lainchbury, a clerk in the banking-house of Messrs.
anbury and Co., of Lombard-street, was brought before the
Lord IlLiyor, in the custody of Roe, the officer, charged with
having stolen a bank-note for 10/., the property of the firm.
Mr. Bush, the solieitor to the Committee of Banker.; for
protection againit fraud or forgeries, appeared for the prose-
cution.
Mr. William Adams, a clerk in the house of the prosecutors,
stated that, on the Ist of the present- month, he received at
Messrs. Price and Co.'s, for his employers, the bank-note pro-
duced, No. 27,341, and marked it so that he could at once iden-
tify it, and on the same day he delivered it tothe clearing clerk.
Mr. James Bewick, also a clerk at Messrs. Hanbury and
Co.'s, produced a book of accounts in which entries wore made.
Upon referring to that book, he found that, on the 2d of Feb-
ruary, amongst other entries made by the prisoner, was one for
the above-named 10/. note, in the manner, "27,341, 10th De-
cember, 10." A few pages further in the book there appeared
in the writing of the prisoner, an entry of " No. 27,347,"
which writing witness believed to be a false one. He believed
that the 1 had been altered into a 7. Some confusion having
arisen from the state of the balance at the end, of the day, in-
quiry was neessarily-madet and the note numbered " 27,341"
was missed, and after Wards it was ascertained that it had been
changed by the prisoner.
Mr. C. Browning, a clerk at Hanbury and Co.'s sated that
upon his return from collecting on the 2d of February, he
changed the Bank note numbered 27,341 for the prisoner for
gold, and paid it over subsequently to the prisoner, with the
rest of the money he had collected, in order that it might be
entered in the customary manner.
Mr. P. Banbury, of the firm of Hanbury and Co., stated
that on the 11th inst. the prisoner was called into the parlour
and questioned on the subject. The,prisoner at first said that
he was wrong 101., but subsequently stated that he was wrong
to the amount of 110/.
A solicitor attended on the part of the prisoner, and took
notes of the proceedings, but asked no questions. —The pri-
soner was then committed for trial.
John Forrester, the officer, hating been employed by the
assignees of the bankrupt broker Cassidy, to go in search of
that fugitive, who has been cutting so distinguished a figure
elsewhere, left London for this purpose on the 9th instant.
Upon the arrival of Forrester at Paris, he found that the bank-
rupt, who bad an immense number of bills in his possession, had
been lately liberated, and had departed from that capital. The
officer took with him an active assistant named Byron, from
thence in pursuit of the bankrupt to Brussels, where he re-
ceived the most prompt assistance from the police and other
authorities. He traced Cassidy from Brussels to Aix-la-
Chapelle, where he arrived on Saturday morning last, and as-
certained that the bankrupt was safe in the town. Forrester
soon found the hotel at which Cassidy resided, and laid his
plans accordingly, having been introduced to and received
every necessary aid from the President of the Regency,
the Precureur- General, and the Prefect of Police on
the occasion. The bill upon which it was intended
Cassidy should be arrested, was made over to a barris-
ter, to whom Forrester was recommended by a perm-who had
rendered very great services in similar cases. On Monday he
took possession of the bankrupt's tin box, conta:ning between
13,0001. and 14,0001. in bills, also the bankrupt's papers. As
Cassidy was absent, the door of his house was broken open by
the authorities and Forrester, who soon learned that the bank-
rupt had entrusted the tin box to the care of the landlord.
The landlord, again, hearing that his customer was a bankrupt,
gave up the box to the authorities. It is believed that the
money, and it Is also thought that he
explanation. The police have stopped hit
passport.
bankruptpot. come hast
esomelittle
The above intelligence was all that was known yesterday in
the City, but we expect further information in the course o
to- morrow.

ANTI-CORN-LAW MEETING AT
FORFAR.
FROM A CORRESPONDENT. )
A public meeting of the inhabitants of this
t iwn was held in St. James's Church on Monday
evening, the 21st instant, under the autho-
rity of the Magistrates, for the purpose of taking
into consideration what steps it was necessary to pur-
;ue, in order to obtain the total repeal of all ino-
lopolics affecting the free importation of food ;
it was most numerously attended, the Chief Magistrate
Nes unanimously called to the chair. The Rev. Messrs.
:itrachan and Lowe, who had attended the Anti-Corn-
niw Conference in London, were introduced, and gave
an account of their mission; both gentlemen were warmly
td enthusiastically cheered on making their appearance.
Mr. Lowe, in the course of his remarks, contradicted the
report given by various newspapers, that 100 members of
;he Conference were admitted to the lobby of the House
in the night Sir R. Peel developed the Government plan
for altering the Corn-laws. The Rev. Gentleman said
not exceeding twenty of them were present ; he knew
that, as the number was ascertained when they adjourned
w Brown's Hotel. After the meeting had heard the ac-
count they proceeded to deliberate on the future steps
be taken, when the Rey. Mr. Lowe moved the
tdoption of the following declaration :--"rhat this
meeting unanimously declare their deep and de-
cided abhorrence of all Corn and Provision-laws,
and are convinced that nothing less than the
total and immediate repeal of all such laws as interfere
with the free and unlimited importation of the food of the
people, will preserve this country from anarchy and ruin.
Farther, this meeting are now satisfied from the
general feeling expressed, that in case measures
are not adopted to relieve the people from
the present state of want and -misery under which
they labour, there is reason to fear that a course will
be generally adopted of not only abstaining from the
use of all exciseable articles, so far as that shall be
found practicable, but also that the parties liable may
refuse to pay assessed and other taxes in money,
leaving to the collectors the alternative of taking
their effects in execution ; a result which, if it should
occur, would be ruinous to the best interests of the
country, and which this meeting would most earnestly
deplore. And now, having lost all confidence in her Ma-
jesty's Ministers, and in the House of Commons, as at
present constituted, and desiring not only the repeal of bad
laws already existing, but also a guarantee for good
government for the future, and feeling convinced that
no effectual remedies will be adopted without a tho-
rough reform of the House of Commons, the meeting '
resolve to present a dutiful and loyal address to
her Majesty, praying her Majesty to cause such measures
to be originated as will insure the extension of the franchise
to every man who is twenty-one years of age, of sound
mind and unstained by crime, accompanied by Vote by
Ballot, and such matters of detail as will insure the
honest and practical working of these measures."
The Reit. Mr. Strachan seconded the motion, and it
was carried unanimously in the largest in-door meeting
ever assembled in Forfar.
Sir Robert Peel was paraded through the town in
effigy on Monday afternoon, accompanied by a band of
music, playing the " Rogue's March." On reaching the
Market-place he was formally sentenced to death, and
was burned amidst the plaudits of assembled thousands.

MONEY MARKET loid CITY NEWS
SUN.—There was a reaction in the English Stocks yesterday.
There were a few sales in the course of the day, and these
were partly induced by the persistance, on the part of Louis
Philippe, in his determination to go counter to all the rest of
Europe. It may be, too, that some parties are anticipating a
funding. Exchequer Bills realised 225. to 255. premium, be-
ing a further improvement of Is. The question of a probable
funding is still involved in doubt, but as regards the spurious
Bills, it seems the only available means the Government can
have of discharging them, Consols for immediate transfer were
at 894 to 8911, and for Account at 84 to 893. At the close
of business this afternoon the former were not higher than 694
to 89k, and the latter were at 894 buyers. Bank Stock .was
firm at 170. In India Stock and Bonds there were no bargains.
New Three-and-a-Half per Cents. obtained 983 to 99.
The Foreign Market, on the whole, was rather firm. We
are glad to perceive that the Mexican agents have been prompt
in the announcement of the dividends promised to the Bond-
holders, in the event of their acquiescence in the terms pro •
posed at the last public meeting, and which we commented
upon at the time. No doubt, however, parties here who have
been speculating for the rise, are now making the most of the
recent improvements, and hence the decline to-day to 35i and
35i. Active Spanish Bonds were a shade better, a small lot
having been taken by one party. The extreme rates were 244
to 24k. Portuguese New Five per Cents. were also rather
higher, being at 32i to 32k. Colombian Stock brought 22a
Birmingham Thirds at 251, and
to 24 Brazilian 65/1-, a'd Cuba 75. French Five per Cents.
premium. Brighton were 14i,
Rente, have been at 118 f. 50c., and Dutch Five per Cents. at
1021,4.
In the market fir Railway Shares appearances were rather
id9isCount. lonian Bank Shares were
more favourable ; and, probably, had not our own Stocks worn
Frankfort, bills were taken this
a heavier appearance, would have tended upwards. Great
Western were at 22 to 23,
Southan,
Eastern Western
o Counties
t i2eBo
to
discount.
and upon the other cities
the rates were firm.
aftoernnoPonatuisp,oAnmrasttizlartig,itisenrd
terms,

in order to govern. Sir Robert Peel has
made himself the tool cf the aria.
----- ---
TILE LEADERSHIP OF THE ARISTOCRACY.-1-011
must submit, it is said,
acted on this principle. He has
tocracy, and he has become Prime Minister. As a candidate for
their favour, he has distanced all competitors, and Lord John
Russell, though one of themselves, may, on this point, vainly hope
to rival the obsequious, het commanding Baronet. What remains
for the Noble Lord ? As the servant of the aristocracy, he never
again will be placed in office.
To us, he seems to have no alter-
native but to become the leader of the democracy. He must be
that or nothing.
On this day, in 1723,
died
worksthe c e 1 eibnr a
andtetl architectabou t
cur
u and mathematician,e tr op Sir Christopher Wren,
gel 90. The grandest
his hand—viz„ St.
Paul's Cathedral, the Monument, Greenwich Hospital, Hampton
Court, St. Michael, Cornhill, St. Dunstan-in-the. East, St Magnus
London Bridge, St. Stephen, '‘Valloook, and others.
The !Earl of Aberdeen left town yesterday on a
visit to her Majesty at Brighten. It is expec:ed the Noble
rmolisare
from a
Earl will return this day.
Several cf the Foreign. Anil assadors and Consuls
transacted business at the Foreign Office yesterlay morning.
ESSEX ANTI-CORN-LAW ASSOCIATION.—On Thurs-
day evening this Association met in great fore: Lt the Bird in the
Hand, Stratford, as many as SOO persons tieing present; and after
an animated discussion, agreed to present a memorial to the Queen
to remove the Corn.law Ministry. This is as It should be. Let
other Associations do the same.