The Sun.
London, England, 1842-04-16 00:00:00

SUMMARY OF NE,-

AND
publtt Opinion.

" Who runs may read."

MONEY—TRADE—COMMERCE.
The Spite Melds ball is to take place at her Majesty's Theatre
on the With of May, under the patronage of •the Queen and
Prinre Albert,

At a meeting of the Governor and Company of Copper-
miners in England, held yesterday, in Broad-street, it was
stated that their coal-trade at Port Talbot was steadily in-
treasing, and their profit was fully equal to all expectations,
1,000 vessels having entered the harbour during the last eight
months.

SPORTING.
The Windsor steeple-chase was decided yesterday, over a fine
four-mile line of country on the Buckinghamshire side of the
Thames, having upwards of 40 fences and 12 brooks, the ma-
jority of a formidable character. Upwards of 5,000 persons
were on the ground. The race occupied fifteen minutes, Lord
Drumlanrig's Cardinal being the winner.
THEATRICAL.
Vestris, Mrs. Nisbett, and C. Matthews, are engaged by
Macready for next season at Druiy-lane; and Covent-garden,
we hear, is likely to be given principally to opera, sustained by
the high talent of Miss A. Kemble. Mr. C. Kemble, Mr.
Beale the music-seller, Mr. Butler the husband of Miss F.
Kemble, and another, are spoken of as the lessees.
During the performance of the Pearl of the Harem at the
Surrey last night, Mr. Hicks, the actor, was struck by a piece
of detached scenery, and seriously injured.

C (MET —PASHIONABLE
The Duke and Duchess of Montrose leave the Clarendon
Hotel this day for Lisbon; thence they proceed to Spain for a
few weeks, and then return, to close the season in town.
The Countess of Camperdown has arrived in town.
The Earl and Countess of Powis arrived in Berkeley-square
yesterday, front Powis Castle, Shropshire.
The Countess of Munster has taken a house in Gloucester-
place for the season.
Viscount Clive has reached Calais from Turin, and is ex-
pected in town to-day.
The Earl and Countess of Wicklow have arrived in Caven-
dish-square, from a tour.
We regret to state that Lord Abinger is suffering under in-
disposition.
The opening
Thursday, the 28th inst.
The Duke of Newcastle and family arrived in Portman.
e
square on Tuesday last, for the season.
of Almack's for the season is announced for
ZITZSCZIMANZOUS.
Edward Scott, the oldest Magistrate in the county of Metio-
neth, died the beginning murderer Good
of this week, aged 99.
Good has now been at large nine days, and
the Metropolitan Police, whose force extends over a circuit of
15 miles, have not yet succeeded in bringing the individual into
the hands of justice.
A fall of upwards of 800 tons of earth occurred last Wednes•
day on the Eastern Counties Railway, at Witham, near Chelms•
ford, and killed two men on the spot.
By the Parliamentary returns, it appears that the number of
Polish refugees at pre; ant on the Government list is 448; which
is 179 less than in 1839.
Ey/nouns or TILE DAY.
It is stated that it Is the intention of Lord John Russell to
secede from the Church of England, of which he has hitherto
professed to be an attached member, and to join the rants of
Presbyterianism. The Noble Lord and his Lady have for
some weeks been in the habit of attending the scotch Church,
Crown-court, Covent-garden, and it. is understood that they
will partake of the Holy Sacrament at its next administration,
according to the rites of the Established Church of Scotland.

LICENSING PLAYS.—The Lord Chamberlain, through
Sir William Martins, has lately addresssed a circular to the
managers of the theatres within his Lcrdship's jurisdiction, en-
forcing a strict and uniform compliance with the requisitions
relative to the submission of all new pieces to the approval of
the examiner of plays, seven clear days previous to their first
production.

We find the following in a letter from Nuremberg,
given by the Journal de Francfort :—" The King has ordered
that some distinguishing mark shall be put upon the house
which was ot:eupied by Palm, the bookseller, who was shot by
order of Napoleon, for havingpreferred death in the cause of the
honour and liberties of Germany to an infamous denunciation.

ronmcGiv.
The leading articles of the Paris Journals do not possess any
great interest. They are chiefly on the discussion in the
Chamber of Deputies on the criminal code, respecting which
they throw out no new views, or on the question of the right
of search, of which so much has already been said that it would
be a sacrifice of space to give extracts.
The France says—" We have before us a letter, written by
a superior officer of the column of Mascara, in which he states
that the division of General Lamoriciere took, in the last cam-
paigns against the Arabs, a case of arms of English manufac•
tore. The fact is not new, but it derives a certain political
significance from the recent succours afforded by Morocco." It
is neither new nor extraordinary that English arms, which are
sent by the manufacturers to all parts of the world, on specula.•
lion, should find their way to the Arabs of Algeria. The
France is not zware, perhaps, that in Syria many of the troops
which fought against the English were armed with English
muskets.
The Memorial Bordelais of the 12th inst., states that the
Cabinet of Madrid, in order to defeat the plans of the European
Cabinets relative te the Queen of Spain's marriage, had deter-
mined te negotiate a matrimonial alliance between the eldest
son of Don Carlos and his cousin, the youngest daughter of the
Infante Don Francisco de Paula; the rank of Don Carlos's
son to be recognised, and a pension granted him by the State.
A letter from Athens, March 27, in the Augsburgh Gazette,
says:—', The explanations given by the Porte to our Govern-
ment relative to the enrolment o' troops which took place in
the Turkish provinces, are of a highly satisfactory nature. The
Porte disavows all hostile intentions against Greece, and de-
clares formally that the troops were raised solely with a view to
Syria. The troops sent to the frontiers of Epirus and Thes-
saly have been recalled, consequently our Government has also
withdrawn its troops. A division of the French squadron under
the command of Admiral Lasusse is expected."
The Times says :—" From inquiries made at the India-
house yesterday on the subject of the fall of Ghuznee, as de-
scribed in a letter from Bombay of the Ist ult., we are led to
believe and to hope that it may only prove to have been an
exaggeration of the news last received thence, and that the
country may be spared this great additional disaster. The
[ writer of the letter referred to was General Brooke, and of its
genuineness at least we can entertain no doubt."
iarilMN
Several petitionsPa werate presented ITAEY.ast night in the House of
Lords against the Corn-keeping-out Bill, because it lets in too
much corn, which rather betokens a strong opposition to the
measure. As no la y+' on the subject would be better than either
the old law or the proposed law, it would be advisable f,r the
friends of free trade to unite with the agriculturists and throw
out the Corn Bid.
The Forged Exchequer Bills Bill was read a third time and I
passed.

The Marquis of Normanby brought under the notice of
their Lordships a petition from Hul', complaining that their
ancient privilege of appointing their own Magistrates had been
invaded by the Tory Government.
The Lord Chancellor said it was necessary to appo!nt some
Conservative Magistrates, because all the 'Magistrates of Hull
were Radicals, and he had appointed Conservatives. The
Noble Lord attacked the Whigs for the appointments they had
made ; and, after some mutual reproaches, the petition was
laid on the table.
In the Commons, on the third reading of the Mutiny Bill,
Captain Bernal brought under the notice of the House the in-
justice and cruelty of military flogging, and moved a clause to
be added to the Bill, to prohibit flogging except for offences
committed on the line of march, or for theft.
Captain Boldero, though he had formerly supported such a
motion, opposed it, as did Sir H. Douglas, at whose predilec-
tion for flogging we are not surprised, by Mr. Macaulay,
who seems to.) ready to support enormities which should be
left to the Tories and by several other speakers. It was sup-
lorted only by Mr. 0. Stanley. On a division the motion was
oss by a very large majority, and the Bill read a third time.
As we need the services of our people in the army, it is not
perhaps wise to repel them from the service, still retaining
this odious and brutal punishment.
In a Committee on the Customs Duties Bill, the question
of imposing a duty on flour and wheat imported into Canada
from the United States was discussed. Mr. Labouchere and
Mr. Roebuck opposed that proposition as injurious to the co-
lony. Mr. Gladstone supported it, and on a division it was
carried by 63 to 54, not a very large majority for the strong
Government. The Bill went through the Committee, and the
House afterwarsis adjourned till Monday._

PUBLIC OPINION.
The Times thus congratulates Jonathan on his evincing
symptoms of returning sense and moderation, as regards the
question of the Creole, tisc. It is always with pleasure that
we find ourselves able to say anything civil to our transatlantic
relations; and we therefore lose not a moment in congratulat-
ing them upon the appearances of returning composure which
the last news evidence. Already from the matter of the Creole
some gleams of reviving sanity seem to be breaking upon their
minds. The WErspite, with its valued freight, then just rising
above their eastern horizon, seems to have cast already a dim
dawn of intelligence before it. Already Jonathan begins to
wonder how he could have made himself so exceedingly toolish.
The south itself,' say their newspapers, would not go to war
on the issue presented. The only question for the potent,
grave, and reverend seigniors' (John Tpler at their head l)
who form our first Executive Council is, how to back out from
the ground just taken in the most graceful manner.' Doubt-
less it is a dilemma, and a perplexing one—the more so, be.
cause it is entirely and exclusively of their own making. Eng-
land has had no share in the clatter. England has simply ab-
stained from interference with the cargo of slaves."
We take the following from the Herald:_" We do not
wonder that the propositions to admit fat cattle, at the low duty
of 1/. per head, caused in the first instance some alarm. The
agricultural interest were quite unprepared for it by any in-
formation on the subject, and equally so by any previous dis-
cussion of the effects likely to arise from so novel an experi-
ment. It was not at all understood how far the comparative
cheapness of meat on the continent of Europe depended on the
supply of fat cattlo, and how far on the more abstinent habits
of its population. Inquiry has in a great measure removed this
cause of uneasiness. fhe cheapness of animal food in other
countries has been found to arise, not so much from the great
supply of it, as from the lesser demand for it. The supply for
the internal consumption of each country has of course in some
measure accommodated itself to the demand ; and, as the ordi-
nary price is a sure index of the demand, we might have con-
cluded, from the first, that the stock of fat meat in any country
would be regulated by the price of it."
The Post says :—" There are, we know, many, and among
them those whom we respect. highly, that think it were better
that Sir Robert Feel should not adhere so sternly to the regu-
lations of the new tariff They regret that he has made his
tenure of office dependent upon carrying them. It is a nice
question. Without, however, asserting that all the regulations
of the tariff are the best that could have beers devised, or even
nearly so, it may be argued that, since they have been pro-
posed, it is better that the Minister should adhere to them. The
restoration of the finances is not more important than the resto-
ration of the character of the British Government."
The Chronicle has the following remarks :""." The most im-
portant alteration in what is called the amended tariff, is that
which postpones until the 12th October the admission of vat-is
ou,s articles of animal food. The concession thus made is on
many accounts not less discreditable to the Government than
it is disadvantageous to the public. We have repeatedly de-
clared, not our entire satisfaction with the new arrangement of
import duties, but our pleasure in the fact that something is
thereby to be done for the great mass of the people. In this
respect, it bears a different character from the other measures
of the new Premier. It is his own good work. Perhaps the
very circumstance of its being in contrast with the accompany-
ing propositions of the Government, has disposed us to appre-
ciate it the more highly. With proportionate regret do we
find it belated as the only one in which the original plan is
subjected to modifications at variance with the spirit in which
it was conceived. Whatever presses hardly on the people is
carried through the Legislature with a high hand; it is the
measure of relief, and that only, which is found susceptible of
change, and is pared down from its original amplitude."

LAW INTELLIGENCE

CHANCERY COURT.-(THIS DAY.)
(Before the LORD CHANCELLOR. )
CATTIL V. SIMONS.
The hearing of this case was concluded. His Lordship
postponed his judgment.

ROLLS' COURT.-(THIS DAY.)
Lord LANGDALE, at the sitting of the Court, proceeded to
hear unopposed Motions, which engaged his Lordship up to the
time of our going to press. They were as usual quite devoid of
any interest of a public nature.

QUEEN'S BENCH.-(THIS DAY.)
PEPPER v. BERNARD.!
Mr. THEsIGER in this case applied for a rule to show cause
why a new trial should not be had, on the ground of the verdict
being against evidence. The action had been brought against the
defendant for the obstruction of a pew in the parish of Dun-
mow, which was claimed as appurtenant to a messuage in Dun-
mow. The defendant pleaded—first, that the plaintiff was not
entitled to the ancient messuage; and, secondly, that she was
not entitled to the pew as appurtenant to that messuage. The
case which was attempted to be made on the part of the plain-
tiff was, that there was one large pew appurtenant to the mes-
suage in question, but which, in the course of time, had been
divided into three pews, which weredistingaished as the tenants'
pew and the seri ants'pew. The claim in question was applicable
to that pew called the servants' pew. In the course of inquiry,
however, the plaintiff entirely failed in proving that which had
been laid down as the plaintiff's case. There was no witness
called who ever recollected the pew to have been in a different
state to what it was at the present time. It appeared that
the messuage in question, to which the pety was claimed as
appurtenant, was an old farm-house, which originally belonged
to a family of the name of Gellour. The farm-house had not
been occupied by that family, nor the family of the Peppers
who succeeded the Gellours, but the farm-house had b?en
occupied by a tenant. There were some old deeds put in at
the trial, the earliest of which was dated 1696, which was a
conveyance of the manor called Bigods, and a capital
maun-house. This deed was recited in various deeds
up to the year 1765. In 1790, Michael Pepper
took a conveyance of the manor from the Gellour
family, and in 1796 or 1799, the date was not very dis-
tinctly proved, Michael Pepper, who was the father-in-law of
the plaintiff, made great alterations its the farm-house, and built
an entirely new and separate mansion-house. From 1796 or
1799, after the bu'ldi,ig of that mansion, it was occupied by
Michael Pepper, who died in 1813; John Pepper, the husband
of the plaintiff, who died in 1822, occupied the mansion after-
wards, the mansion being perfectly distinct from the farm-house.
With regard to the pew, called the principal pew, which was not
the one in dispute, it appeared that that pew had been used prior to
1796 by two persons who then occupied the farm-house,and in 1799
Michael Pepper made seine alterations in the pew. It ap-
peared in evidence that in 1828, after the death of Mr. John
Pepper, Mrs. Pepper being then tenant for life of the manor,
went abroad, and during her absence an alteration was made
in the interior of the church, by the removal of the reading-
desk, and in order to effect this it was necessary to remove some
of the pews in the centre of the church, and amongst others
the pew in question. The solicitor to Mrs. Pepper remon-
strated against this, and wrote to the Churchwardens on the
subject; who apologised, and said that they had no wish to in-
terfere with the property of Mrs. Pepper, and that. if she
wished it they would restore the pew to its original
situation With regard to the only matter in dispute,
the servants' pew, there was no proof at all of anything like a
claim to that pew. It appeared that the servants of Mr.
Wood, the tenant of the farm in 1799, had been in the habit of
sitting in that pew prior to that year. At the close of the
plaintiff's case, he ( Mr. Thesiger) submitted that the plaintiff
had entirely failed in establishing her right to the pew. In the
first place she had not only not proved the existence of any
ancient messuage upon which the right was founded, but it had
been distinctly proved that the messuage was not in existence
prior to 1796 or 1799. The Learned Judge (Mr. Baron
Alderson) summed up the evidence strongly in favour of the
defendant, and much to the surprise of the Court, the Jury re-
turned a verdict for the plaintiff, first that there had been an
ancient messuage ; and secondly, that the plaintiff had a claim
upon the pew by is, eseriptive right. It was on the ground that
the verdict was contrary to evidence that this application was
made.--Rule granted.
APPLICATION ECM A CRIMINAL INPORMATION.
TIIE QUEEN v. MAtiNM.
In this case, Mr. CHILToN applied to the Court for Mr.
Smith, the gentleman on whose behalf th? application was
made, for a criminal infosmation against the defendant, on the
following grounds :—Mr. Smith was present upon the Com-
mittee of an Iron Company in the county of Glamorgan, at
which none but members could be present. The defendant,
however, intruded himself, and was requested by Mr. Smith
to leave the Committee-room, which he refused to do,
and on Mr. Smith expostulating with him, he desired
Mr. Smith not to make an ass of himself, and shook his fist in
his face, on which Mr. Smith struck Mr. Mal Ms. He then
left the room, and on the following day Captain Powell called
upon Mr. Smith with a letter fro 111 r. Malins,. requesting him
to appoint a gentleman to arrange preliminaries for a hostile
meeting. On these grounds counsel for the plaintiff applied
fur a criminal information against Mr. Matins, and
contended that although the Courts generally held that
the party applying for a criminal information should be
himself free from blame, yet, that in a case like the present,
where Mr. Smith received such provocation, and where such
serious results mightjfollow, that rule could net apply. The
Learned Gentleman cited some cases favourable to his view.
Lord DENMAN thought it was a case in which the Court
ought not to interfere.
ANN CLARK V. WWILLIAM, GARRANT, AND PATRICK.
In this ease an action had been brought by the plaintiff to
recover the sum of 10/. for damages sustained by her in having
her goods unlawfully seized for the poor-rates for the parish of
St. Pancras.

Mr. PLATT stated that a verdict had been entered for the
defendant, with liberty to the plaintiff to move to enter a ver-
dict for the sum et 101., the amount of damage, if the objec-
tion taken at the trial should be found not to prevail. Charles
Miller was the owner of two houses, situate Nos. 15 and 16,
Denton-street, St. Pancras. He had entered into a composi-
tion for the payment of the parioh rates. Notwithstanding
this composition, the defendants took the goods of the plaintiff,
who was a lodger at No. 15, in execution, and to get
possession of them again she was obliged to pay the amount
demanded. The defendant pleaded, first, not guilty ; and,
secondly, that the grievance mentioned in the declaration was
done in pursuance of an Act of Parlament, and that a certain
sum of money had beer► tendered after action brought for the
grievance complained of. This sum of 6/. 9s. 6d. the plaintiff
refused to receive, and issue was joined upon it. A notice was
given to the defendants of the action, in which it was erro-
neously stated that the plaintiff resided at No. 16, Denton-
street, wiaereas it should have been No. 15, and this was made
a groom' of ebjoction to the action, and was the objection re-
ferred to in the liberty given to the plaintiff to move for a ver-
dict.

Their LonnsHirs held that the objection was good•

CHEQUER.-(THISEA DAY.)

ADLINCTON V. COLES.
The ATTORNEY- UENEICA L appeared to show cause against
a rule obtained in this case. The rule, which had been granted
by 11r. Baron Parke, called on the plaintiff to show cause why
a writ of execution should not be set aside, and why the money
levied on the order so set aside, should not be paid to the
defendant.

The defendant was the son of the leading partner in
the firm of Coles and Co. The affairs of the firm having
become involved many year► ago, the plaintiff under-
took their management. After various transactions be-
tween the parties, they at length determined on corning
to a settlement of their accounts; and the plaintiff on
that occasion laid claim to a balance in his favour of 8001.
The justice of the claim was disputed by the defendant ; and
after various legal proceedings between the parties, the rule
now under the consideration of the Court was obtained, and
the accounts were referred to the examination of the Master.
After considerable discussion ainoi,g Counsel it was finally
agreed that the rule should be made absolute, that the judgment
in exet•ution should be set aside with costs, that no further ac-
tion should be undertaken in the case, and that the accounts
should be submitted to the arbitratnon of a barrister.

COMMON PLEAS.-(THIS I)AY.)
Nothing of public interest came before the Conrt this morn
ing, and the Court adjourned soon after eleven o'clock.