The Sun.
London, England, 1845-11-27 00:00:00

NEWOATE AND LZADENIcALL.

We had a steady general trade here, and prices were well
supported.—Beef, from 2s 84 to 3s 10d; Mutton, 3s 6d to
4sBd : Veal, 3s 10d to 4s 10d; and Pork, 3s 104 to 58 4d
per 81bs. by the carcase.

CORN AVERAGES.
GENERAL AVERAGE PRICES OF BRITISH COR'
For the Week ended Nov. 22, 1845, made up from the Returns of the
Inspectors in the different Cities and Towns is England and Wales
per Imperial Quarter.

I WHEAT. 134 sI34s
BARLEY]
25s
OATS. I
33. TE. 143 sI43s
"ANS. 1451I451
PX4S.
PRICE —57 i al 78 Id 4d 4d
DUTy..._ 141 lid
Od Is Od 38 Od 7s 6d Is Od Is Od

QUEEN'S BENCH.-(THIS I)AY.)
(Sittings at Nisi Prins, Westminster Hall, before Mr.

Justice WIGHTMAN.)
FOOTIT V. 'VICKERS.
It appeared by the evidence in this case, that it was an ac-
tion brought by the plaintiff, who was a cab proprietor,
against the defendants, who are distillers, for an injury plain-
tiff sustained through the alleged negligent driving of one of
defendants' cartmen. The injury was inflicted by the two
conveyances coming into collision, and plaintiff laid his
damages at 6/. 65., the amount he had to pay for repairing
the cab. The case occupied a great deal of time, during
which much contradictory evidence was elicited.
The jury found a verdict for the plaintiff; 6/. 6s.

EXCHEQUER.-(THIS DAY.)
(Sittings after Term before the LORD Can BARON and a
Common Jury.)
DIXMACK V. LINTON.

This was an action of assumpsit, brought by the plaintiff,
to recover damages from the defendant for a breach of con-
tract.

Mr. Martin appeared for the plaintiff ; and Mr. Pollock
for the defendant.

The planitiff was a commission merchant, carrying on
business in the City, and the defendant an iron merchant.
Ou the 23d of of August last, the defendant contracted with
the plaintiff to deliver him a quantity of iron on or before
the 22d September following. The defendant, however,
failed to deliver the iron, and the plaintiff brought the pre-
sent action to recover the loss he had sustained by the
breach.

The jury found a verdict for the plaintiff, with 1,1301. da-
mages, and 40s. costa.

CANNAM _►ND ANOTHER V. LYONS.

This was an action of assumpsit brought to recover 501 on
a promissory note, payable seven days after sight, to which
the defendant bad pleaded that he did not make the note,
that the plaintiff induced him to borrow the 501. by
means of fraud, coven, and misrepresentation, and
that he was so drunk and intoxicated at the time he signed
the note that he was entirely deprived of his understand-
ing, and he did not know that he was making any contract
at all.

Mr. Otter appeared for the plaintiffs, and Mr. Pearson for
the defendant.

Mr.OrrEß stated the case for the plaintiffs. They were respect-
able tradesmen of the city of Westminster, and were members
of the Metropolitan Loan Society, in Craven-street, Strand,
which he understood had done an enormous amount of business.
during the last three years. The defendant, in the middle
of March last, applied to the society for the loan of
M., and on the 18th of the succeeding April he re-
ceived the money and signed the note in ques-
tion. The handwriting to the note was admitted
by a judge's order, and he had only to put that order in to
prove his case.
The order and note having been put in accordingly,
Mr. PEARSON addressed the jury for the defendant. His
Learned Friend had represented the plaintiffs to be respect-
ble tradesmen, but he would ask the jury whether it was the
practice of respectable tradesmen to connect themselves
with loan societies, which had become the pest of the metro-
polis. Some years ago an Act of Parliament was passed for the
encouragement of friendly societies, and the majority
of these loan societies were established under
that Act. But the members of the Metropolitan
Loan Society had not complied with its provisions, for their
rules were not enrolled, and, therefore, their proceedings were
fraudulent. It was true the defendant had borrowed the 50/., but
it was upon the understanding that he was to give security
for its repayment by weekly instalments of a pound a week.
The plaintiffs, however, get him while in a state of intoxica-
tion, to sign a note for the amount at seven days' sight, and
he contended that this entitled him to say the note had been
fraudulently obtained.
Evidence having been adduced in support of this state-
ment, _ _

The Learned LORD CIIIRF BARON summed up, and the jury
immediately afterwards returned a verdict for the plaintiffs
for the full amount claimed.

COMMON PLEAS.-(THIS DAY.)
(Sittings at Nisi Prius, before Mr. Justice ERLE, and a Mid.
dlesex Common Jury.)
WHEELER V. WHITE.

This was an action on a bill of exchange, which occupied
the Court the greater part of the day.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner GOULBURN. )
IN RE HENRY PARKER.-IMPORTANT CASE.

An application was made by the solicitor to the insolvent,
whose petition stood adjourned sine die for leave to
come up for re-hearing, on the ground that the insol-
vent had since petitioned the Insolvent Court, and Mr.
Commissioner Law had most distinctly said that he consi-
dered the insolvent entitled, on the facts, to his discharge,
but could not make any order whilst the petition was pend-
ing in this Court; the dismissal of the petition, therefore,
would even be preferable.
The COMMISSIONER asked the grounds on which the case
had been adjourned?

The Solicitor said that the insolvent had assigned his pro-
perty to a pressing creditor.
The Learned COMMISSIONER said that was a good ground
to reject the petition. The object of the Legislature was to
protect those, persons who were unfortunate enough to be-
come insolvent without any fraud.
The Solicitor said the case had been gone into much more
fully before Mr. Commissioner Law than before Mr. Com-
missioner Fane, and, unfortunately, unless the Commissioners
of the Court interfered, there was no remedy by habeas or
otherwise; and the Vice-Chancellor Bruce had decided that
the Court of Chancery could not interfere to compel a re-
hearing or revision of judgment under this Act (5 and 6 Vic.)
The Learned COMMISSIONER said he could not take upon
himself to rehear a case already decided by another Commis-
sioner; but if the applicant would obtain an affidavit of the
fact that the case had been before Mr. Commissioner Law,
who was willing to let the insolvent pass, he (the Learned
Commissioner) would give an order for the defendant to come
up again, but it must be before Mr. Commissioner Fane.
The Solicitor said that there was one very special circum-
stance in the case, and that was that Mr. Turquand, the
official assignee, Mr. Cooke, the barrister engaged in the
case, and he (the applicant), all understood that the petition
was dismissed, but on the record of the Court it appeared
that the case was adjourned.
Mr. Turquand, the official assignee, who was present,
said his impression was that the petition was dismissei.
The Learned COMMISSIONER said that he could not inter-
fere in the case further than on the affidavit being sworn,
making an order for the insolvent to be again brought up.

SHERIFFS' COURT.-(THIS DAY
(Before Mr. Under-► Sheriff BURCHELL.)
DIGHT V. SCOTT.

This was an action to recover the sum of 181. Bs. 7d. for
money lent, &c. The plaintiff and defendant are both attor-
neys, and were formerly on friendly terms, but having dis-
agreed, a settlement of accouits was insisted on by both
parties. The defendant had given an I 0 U for 101. 103. 6d.,
and the difference was for a share of costs in some business
done where the defendant had introduced the client. The
defendant contended that he was entitled to one-half the
profits. The bill amounted to 22/, and the profitg 161. Wit-
nesses :were called to show that one-third would be a fair
allowance. _ _ _ _

The UNDER-SHERIFF said that it would be much better
for two gentlemen of the profession not to quarrel about the
division of the spoil, but to have it arranged by a mutual
friend. _ _ _

-----
The jury said they thought the best was to leave the par
ties to themselves.—(Laughter.)
A verdict was taken for 71. lls. 4d.
ROBINSON V. CRIPPS.

This was an inquiry to assess damages for illegally ferry-
ing over the Thames. The damages were laid at 1,0001.
The plaintiff is the lessee of the tolls of Kew •bridge, and
under the 22 Geo. 111. all watermen were prohibited from
conveying passengers from the steps on the east side of the
bridge to the west, or within the hamlet of Kew. A steam-
boat company had been started for the ferrying of passen-
gers at the same price as the bridge toll,• and on that com-
pany giving up the scheme the watermen began plying with
their wherries. All the others, however, had desisted on
being warned, but the defendant had chosen to represent
them, in order to try the question. His profits at id. per
head was stated to average 3/. a week.
The jury gave 10/. damages.

CRIMINAL COURT.-(THIS DAY

OLD COURT.

(Before the LORD CHIEF JUSTICE and Mr. Baron PART E.
Edward Powell, son of the, clerk to the Solicitor for the
Mint, and mho had been employed in a confidential character
by that officer for a considerable period, was charged with
having uttered a sovereign, knowing it to be counterfeit.
There were other counts in the indictment, charging him
with having in his possession a number of counterfeit coins,
and tendering the same. The prisoner this day surrendered
to take his trial.

Mr. Bodkin, with Mr. Clerk, were for the prosecution
which was instituted by the Government; and Mr. Clarkson
with Mr. Deane, attended for the defence.

Mr. BODKIN stated the case to the jury at length, but the
circumstances involved in the transaction will be fully seen
in the evidence adduced before the Court.
Amelia Johnstone was the first witness called—She said
that she lodged at 40, Little Portland-street. She was, on
the 12th of the present month, in Regent-street, about nine
o'clock in the evening, when she met the defendant. She
was in company with him on the night before, and on this
occasion he accompanied her home. He remained with her
about half an hour, when they left together. He accom-
panied her for some distance (about twenty minutes' walk).
He did not remunerate her in the house, but in the street
he gave her a sovereign. She gave it, him back because it
was not a good one. She told him it was not good, and he
put it back in his pocket. He then offered her three others
to take her choice from. She told him they were all bad, and
he said he had no more money. He afterwards returned
them into his pocket. She called a policeman and gave him
in charge. She accompanied the prisoner and policeman to
the station house. On the way there he offered her five
shillings, which he had got from a policeman. He offered
her three shillings first, which she refused, and he then added
the other two. She did not then wish to press the charge,
but was afterwards obliged to do so.

---Cross-examined by Mr. C4Auxsox--She did not particu-
larly observe the prisoner's dress on that evening. It was
immediately under a gas lamp that he gave her the sove-
reign. The light was very strong, but she did not notice
that he was agitated.
Police-constabje John Edwards was called by last witness
to take the prisoner into custody. He was given in charge
for offering a counterfeit sovereign and having three more in
his pocket. As they were going along they met another
policeman, named John Sergeant, and the defendant borrowed
five shillings from him. He did net see the defendant offer
the last witness the five shillings. Mr. Rawley, an inspector,
was on duty at the station-house, and he knew Mr. Powell.
When they offered to search him he:said it was unnecessary,
as he would give up what he had on him. He then surren-
dered four sovereigns, two half-crowns, four shillings, and
two sixpences. He took them from different pockets.
Cross-examined by Mr. DOANE—He did not know Mr.
Powell, when he took him into custody. He did hear him
say at the station-house that the mistake had arisen in
changing his trousers.
By Lord DENMAN—He did not say so before he arrived at
the station.

Rawley, inspector of police, said he was on duty at the
station-house on the 12th of this month. When defendant
was brought in he walked up to witness, and said this woman
has given me in charge for passing a counterfeit sovereign.
Witness called in the policeman, and he informed him what
the charge was. The woman said that she did not now
wish to press the charge, as she was satisfied. He explained
that the money was received in process of his duties before
the magistrates, and he had it on him in consequence of a
mistake in changing his clothing. He was allowed to go
home on that evening in consequence of the woman declining
to press the charge. He came back in the morning, and
inquired if a report was made of the circumstance to the
Commissioners of Police. Witness declined to answer him.
He did make a communication to the Commissioners, and
they directed that he should be taken into,. custody, which
was done on the same day.
Jotin Field, Inspector of her Majesty's Mint. He knew
the defendant, who had been assisting in the solicitor's office,
where his father and grandfather were employed. The de-
fendant had been engaged there for about three years.

Cross-examined by Mr. young bad hi-
therto borne a high characterDOANE
fur honh
esty andman honourable
conduct.
By Mr. CLAnKsofe—The counterfeit coins had all been
evidently in circulation. to Ad"
This closed the case, and Mr. CLARKSON' then rosa
dress the jury. He did so under feelings of the deepest
anxiety, arising from the nature of the charge, as COD Kra.
with the situation which the defendant bad held in the es.
blishment of the Mint, but he felt also that a jury of twel'e
intelligent men, taking the facts of the case as they had been
elicited, into consideration, and weighing these facts
nexion with the knowledge that it was no unusual thinolrr.
the defendant to have such coins in his possession, be
Clarkson) was confident that, all these circunastances con'a
sidered, he might confidently expect from their good sentd_
verdict of acquittal for the young man before them.
by
now, he would calmly inquire into the evidence adduce('
the woman whom they had before them. The defendat:!_l:,
was seen, was in lawful possession of these counterfeit.
he
with a view to the prosecution of the duties with whiel,,
had been entrusted. He drew from his pocket a soferrAii
(under a gas lamp be it remembered)--be drew lint
hst
his pocket a bad sovereign—so bad r Tie did
could not possibly deceive oven the most ignorant. ..i.fure
this even altheugh he was known to the unfortunate
herself, and he (Mr. Clarkson) would at once put Ictret:o:filieer
jury if any sane person wishing to palm a base coin on a
would have acted in-this truly ridiculous manner? Could)0
they really think that. a young man holding his aitunna
es,
would have wilfully committed himself in this 112:ald
knowing, as he well ought to do, that a discoverY
throw him into the very hands of those he would natur_7.
be most anxious to avoid P He explained bow the rre"e; hi,
curred, from the circumstance that be bad chang. ex..
trousers in the course of that evening, and was not tna_:,suid
planation perfectly satisfactory? He (Mr. Clarkson) could
not insult the judgment of the jury by supposing that: tengo
be otherwise. The Learned Counsel proceeded at gra' reter
to argue that the whole circumstances were of that citabeforo
that the charge itself should never have been brough.
that Court at all. Richa
er
Joseph Blunt, Esq., solicitor to the Mint, and 'ir
Griffiths, Esq., solicitor, of Gray's Inn, were called to sr-
to character. _Ad that
Lord DENMAN summed up at great length, and Pi-hether
the only matter for the consideration of the jury Ives whether
the young man before them bad tendered the couoA thij
sovereign knowing it to be a bad one. He mentio!' and
in order that they might throw every other idea es'"e'„ine.
look to this, and to this only. It was difficult to iOO
looking to all the evidence before them, and consideneged ia
position that the defendant held, that ha could have,net
this manner if he were aware that the sovereign be_rtbei
dered was a bad one; but if the jury thought otheryfein a
must, however, disagreeable the duty might be' brwg
verdict of guilty.
The jury, after consulting for about half an hour, found tlo
defendant Not Guilty, and he was at once discharged' otic
Char:es Carter, whose case was briefly referred re' •uclir
yesterday'spaper, was brought up this day to receive the.,
ment of the Court.
The Lou) CHIEF JUSTICE ordered that sentence tei to
should be recorded against him, which will be eon°.
transportation for life.

PEW COURT.
(Before the RECORDER.) cbSrgillt
James Lowe, 18, pleaded guilty to an indictment
him with stealing from the person. bid bee
The RECORDER said that there was proof that he .001105
e.
convicted on the 12th of May, in the present years gst
lead, and sentenced to four months' imprisonment, t takea
bring him out in September, and yet he was agair4,ool4nio
the 19th of November in the act of picking ss
pocket. There was no- hope that he could do anlYt'De
this country, and the sentence therefore was, th 3
transported beyond the seas for the term of 10 yearthoge,"
Daniel Harvey, aged 19, pleaded guilty to a of 55"
"
stealing some trilling articles of property of the va' 4
the property of his employer, Mr. Ditchburne. 040
, Toe RECORDER asked the prosecutor if he emevr
of the prisoner. _4,4 Ai I
The prosecutor said, that the prisoner was einPluprei:nug
labourer, at 2s. 6d. per day, but for three weeks `eceivo
to the commission of the robbery he had been rioird
not snore than from 7s. to Es. per week•
had been made, and it was found that not only ,ixe Old
was in distress, but his mother was in want anSfie W„b00
gave every penny of his wages to support her. •derOto
to recommend the prisoner to the favourable consl_ot
of the Court. Still he wished some little imprisoop"
be inflicted as a warning to him.
The RECORDER said that the case was one Which._ liljel'.ie°4
mitigating circumstances. The prisoner, altbouee orD":,;
in distress, increased his own wants by giving all blepoc7,
to his mother. Such a circumstance by no inea°,obleingi,
all blame from the prisoner; but still it was im,P°;ertliel'o,
to regard it as a mitigating circumstance. te ty
when persons robbed their employers, it was necess3rd' lea lo
flict sonic punishment, as, in case of any misPlac„erageii;„3
on the part of the Court, others would be enc°;',, be
commit similar offences. The sentence was that
prisoned and kept to hard labour for one month. beyslO'd
Charles Barrom, aged 26, was indicted for elrerti
secreting, and stealing the sum of 81. 25., the Pi,"
Robert Downs, his master. taieflf.
Mr. O'Burras stated the case for the prosecution
S
The prisoner was undefended. er,reetio
Robert Downs stated that he was a bedstead 11111knio5'•
ing in Whitechapel. The prisoner was in in his e°l`
the 17th of Sept. he sent him to a Mr. Carter's, tdcoeo;
nories, with a bill for 8/. 25., telling him to be quick ° „'is
the money, as the men were waiting to be rias
with the bill, but did not come back again. e
the Walworth-road on the 10th of November, when
r
Iv"- i
all knowledge of the transaction. le
Robert Carter stated that his father resides in ia.
gi
ries. The prosecutor is in the habit of doing beo' k
On the 27th of September the prisoner came with loft
and a bill for 8/. 2s. Witness paid it to him, and he to
place.
•
The prisoner denied the offence, and called a Is4o
prove his previous good character. „.0'
The jury returned a verdict of Guilty. , idPfr
The RECORDER sentenced him to nine months
ment and hard labour.

CLERKENWELL.-(THIS 01.1°
Richard Ogers was charged with being dis,,°,,ree;
k
Sadlers Wells Theatre, and assaulting Dawes, raw"
at the theatre. • °,O
•
The prisoner entered the theatre drunk and ioslr9tiel
being admitted int* the house. Dawes and other Pi'd
terfered to prevent his entrance when he resisted AP
Dawes a black eye. e nt•
The prisoner was fined 30s. or 10 days' imprison

Ater
whp 13 115- 401
MORTALITY IN THE METROPOLIS.--A...- ared I,lf
of deaths was 909, showing a decrease of 32 as contP,ortePhs•
the preceding week. We are glad to find that the of
from measles is on the decrease, as well as that
...e"
diseases of the longs and other organs of respirati°u'aeis
ing-cough exhibits returns considerably
above the 15,
but still inferior to those of the week ending N°°. 04 re,
violent deaths were 23, of which 8 were from g ono
and collisions, 7 from drowning, 5 from burn,s'aill '-
hanging, and 1 from murder—a child. We
suicide. •
gentlei
131'
AFFAIRS OF THE RIVER PLATE.—The
entrusted with the memorial to Lord Aberdeen, a W 0,1
tb,
policy of Government, whith was signed b} but
British merchants residing at Buenos Ayres, but Yi
ell tye
great majority of them positively refused to sign, !twit) he
to themselves and their property, bad an interview test .A
Foreign Secretary on Wednesday. We understand bs t`ho
Lordship gave them a veood reception ; htitna tool
quietly inquired what course they would recomr°,e'tion
adopted, and that they left him with a full conve:iiisie'
the Government was determined to persevere in 01s1;illtied,
the independence of Monte Video. By so doing, 51e` ~i"
vent the establishment of Roses' anti-social America'
on the eastern side of the river Plate ; will keep Vratit,
munication with the interior by the waters of the 010
and will uphold the system of commercial freedola of t
tamed at Monte Video through all the difficulties
'
Republic.—Liverpool Times. ort 10
SHANGHAI.—Letters received from tins Yoe Ireii
form us, that the trade is going on pretty well. A`
and silks brought forward are finding purchasers de,
rates, but long cloths, the staple article of English tra
a downward tendency. There is a probability efiiinel3-
Balfour remaining as Consul, in conseveuce of a e`';,,, lead.
cation from the home Government. 'lwo of the Petio
fiita
ings have been completed and are inhabited, the Plrtio ci
ing themselves much more comfortable than in„ vear'ol
Several other houses will be occupied before the tie" '&7d
heavy gale of wind had been experienced betteearlrecei‘
and Shanghai, but we do not hearofany damage Litat`e
• of
co
by the shipping. Most of the business there is losele r
through two Cantonmen, who have established theto
as brokers. Other native hongs show am inclinati
,Or cott'o,
forward and act for themselves, using some orberites, ea
men as interpreters. Another correspondent "0, Ohio
" Shanghai goes ahead. An English town is risieot
the
the ground set apart for the foreign residenta„
other hand, Ningpo does not advance. Mr. Mar it
only English merchant there, has left, or is leasinb' !pea' or
his brother in Shanghai, there being no trade to 0,11
worth his while to keep up an establishment at Nirgrfoo.
friend thinks the hopes of increased trade at Fooole
not be realised.—Hong-Kong Register, Sept. 30. „ea,
A curious illustration of the circular Td iv tb
storms has been afforded by a circumstance recorae
log of the Charles Heddle. For four days, from tb ,01 eo
the 211th of February, in this year, she scudded r ray
round in, a hurricane circle, during which time eh * by 13'
wards of 1,300 miles, and the direct distance inal,ac4er' ig
from point to point was only 354 miles.—Fahnota eltten
WINDSOR, WEDNESDAY EVENING.--ArTarliceot tcre
had been made for the departure of the Duchess °,,.` Abeeso
day from Frogmore House, to pay a visit, during r'he auh'er
of the Court from the Castle, to her Majesty -er, of :of
Dowager, at Witley Court. In consequence, bovrev eirecovr
Majesty's not having entirely recovered from both oed ing
her recent indisposition, her Royal Highness P°s4
intended visit for two or three days. Intelligen,"oolo,,colat
reached Windsor this afternoon that her Majestt,Y lley
valescent, her Royal Highness will proceed to 11 "
on Friday, and remain upon a visit to the (Peel'
•
until Tuesday or Wednesday next. a doci)
A RELIC.—A rather interesting relic
vered a few days ago upon the shores of St. 13114800 ifl;
While Mr. Robertson, a gentleman who resides inttracteutpe
lity, was rambling upon the beach, his eye Was ..anis' °eget gto
a small dark and rusty-looking object lying linicillcare
shingle. Lifting it up, he found it to be ur rabic ere
similar in shape and general appearance to those.
to be seen in the paintings of the old Flemish' perlot
The date of its manufacture cannot be assigned iso°
less remote than 400 years. It has two handles, a"iyaier•
double the size of a common claret lass.—Jersey t onerd
ERUPTION OF MOUNT HECLA.—AcoordilTruptilbe
received from Iceland to the 12th of October, theioce tea,
Mount Hecla still continued with the same /4°4000,159a a
lava ran front the south-west crater without "iiespeu,i
and had already covered a space of 3 miles, and 0 ceb-9t s
mass in a plain at the foot of the mountain 30 t , a. nig'ider
height. This river of lava presented on a Teleet the rtl,elf
spectacle at once magnificent and' imposing- '"•ratingi!
picture to himself a river of flaming fire pree'l3: as ish
from the summit of a lofty mountain, and assumilljor bladed
vances vances from the crater a redder colour, or a sort Assee
red. Three immense columns of smoke constaiiii,sod thev
from the three craters which had formed and sP!„erioci,',s,l
selves over the surrounding districts. Up to till':;,bich
lava had not destroyed any farm, but the ash
most Pe pie
fallen into the meadows had already exercise" iv a°oo
cious effects upon the cattle, especially the cmcfst;re, in eels,
districts as many as 40 had perished. The Pes'd of 'able
district of .Rangarvalla, situate to the eastWar‘,o,9ider-ot
were entirely devastated on the first eruption Yt'llot
quantities of pumice-stone, and it is feared uneseleo it
number of sheep perished on the occasion. Mujoa, Ah col'
is felt at the duration of the eruption, as the rto the
receives fresh supplies, always approaches a to
tivated lands. iota bar,
The General Steam Navigation Com Pall veto' bst
ing t
run a packet between Brighton and Dieppe dm
__new
which they have never done before, and it is
they will keep the communication open during
nearer