The Express.
London, England, 1851-07-15 00:00:00

MULLET C. W 1

-INJUNCTION TO RESTRAIN A

NoisT Tamin MOUSED.
Mr. Craig, Q.C., moved in this case, on behalf of the
plaintiff, who was owner of certain houses in Margaret's-
road, Ipswich, for an injunction to restrain the defendant,
who was an engineer at the same place, from carrying on
the trade of making, mending, and rivetting iron boilers. A
great number of affidavits were read on both sides. For
the plaintiff it was shown that the defendant had only car-
ried on the trade of engineer until lately, when he had
taken to making, mending, and rivetting boilers, which
caused so great a noise that the neighbours were seriously
incommoded by it ; that they were prevented from sleeping ;
that they were obliged to close the back windows of their
houses, and many of the tenants had given notice to quit
on account of th, nuisance arising from the noise made
by the defendant's workmen.
For the defendant, it was alleged that he and his father
had carried on the trade of engineers at the same place for
the last forty years ; that no noise arose from his premises
which could be considered a nuisance to the neighbour-
hood, and that no greater noise had been made lately than
had existed during the whole time of kis carrying on the
business, with the exception of a very short time, when it
was found necessary, owing to the site of one particular
boiler, that it should be rivetted in the yard instead of the
workshop, but that increase of noise had ceased, and the
plaintiff had no ground for complaint.
Lord Cranworth said the question here was whether a
greiter noise had been made within the last two years than
had previously existed ? The defendant had earned on the
trade ef engineer f. r about 40 years, and the houses belong-
ing to the plaintiff had only been built for two years, and it
was not for the plaintiff to complain of a continuance
of noise which had existed before the houses were built.
It was impossible for him to decide, upon the evidence
brought before the court, what had really been the increase
of noise, nor was there sufficient to show whether the noise
was to be permanent or not. Under these circumstances
he could not interfere by granting an injunction. Ile
should, therefore, refuse the motion, but give the plaintiff
leave to try the question at law.

EGERTON V. BROWNLOW.

The arguments an this case were concluded, and his
lordship reserved his judgment.

on the

Demme Viemaramoues imam
Moons r. PRANCE.
The bill in this ease was filed for the purpose of setting
aside a deed, dated the 3rd of August, 1847, whereby the
whole of the plaintiffs property was conveyed and assigned
to the defendant, a solicitor, upon certain trusts, for a re- THE POLICE COURTS.
conveyance and re-assignment of such property, and for
payment to the plaintiff of all coats incurred in respect of MANSION HOUSE.
the deed. The case made by the hill was this :—ln July, A young man named Mos&Pion who keeps a grocery and
1843, the plaintiff, a young man, being in embarrassed cir- spirit store in Edinburgh, appea;ed upon his own resew-
cumstances, applied to the defendant to assist him to raise nisances upon the Charge of having in his possession a Bank
4001. upon the security of the plaintiff's property, pro. of England note for 501. which hod been stolen. Ile had
deicing at the time an income of 2001. a year. '1 he de- been brought up a few days ago by Russell, the officer front
fondant thereupon prepared an indenture, by the effect of the Bank of England, where he had presented the note,
which the plaietiff conveyed and assigned the whole of his payment of which had been stopped. Mr. Holder appeared
property to the defendant upon trust, out of the in-
come to prey SOL a year to the plaintiff's mother, as solicitor to the person to whom the note belonged.
:„. John Price, of Cornwall House, in the county of North
for plainnirs board and lodging, so long as plain" Durham servant to Mr. Collingwood, said—l received
should continue to reside with her, then to pay interest two Bank of England notes of 501. each, to the best of my
upon any sums to be raised for the liquidation of the belief, on Tuesday, the 17th of last month, with directions
plaintiff's debts, together with the expense incurred in the to them over to Mr. Law at Edinburgh. I went to
preparation of the deed and the execution of the trusts; and,
Edinburgh on that day, having the notes in my possession,
finally, to pay the surplus to the plaintiff for life, or as he and attended the theatre that night. After Icame out of
should appoint; and in the event of his death without the theatre I met two young women, and walked down
issue, upon certain trusts for his two sisters. By this deed Calton-hill with them, and one of them slipped her band
power was given to Prance to insure the premises, and to into m I pocket and took out my purse. I recovered the
demise or Bell the same fur the purpose of settling the purse,hut the two bank notes disappeared. I saw the corn-
plaintiff's debts, or for meeting his urgent expenses,. It rade of the girl who took my purse stoop and take up some-
was also provided that the trustee of the deed might, at an thing, but could not say what it was. Ido not know that I
time, take up the sums raised for the purposes of the deed, ever saw the prisoner at the bar before the present time.
at interest of five per cent., and might convey the property Mr. nobler submitted that there was sufficient evidence to
as a security therefore. The trustee, if a solicitor, was justify a remand ; but
also empowered to retain professional costs in respect of Alderman Wire refused to detain the prisoner upon such
business done in the matter of the trust. The plaintiff testimony, but intimated that if the officer of the Edin-
alleged that this deed had been executed by him, burgh police who attended upon the occasion could produce
the plaintiff, without having been previously read over a warrant for his apprehension, that authority should he
to him, and while under the Impression that it backed, and the case might be regularly brought before the
was merely a common security by way of mortgage
for the sum procured by Prance to be advanced Edinburgh magistrates.
The Edinburgh officer declined the offer of the alderman,
to him ; that the other provisions by way of settlement
were inserted in the deed without his knowledge or in- and he then discharged the prisoner.
VISITORS AT THE 'Mee:stile- itoese.—ln consequence of
structions; and that such provisions were inserted in fraud
of his righta. The defendant alleged that finding the plain- the great influx of visitors to view the Mansion.house, it has
been found necessary to put some limit to the admission of
tiff embarrassed and knowing him to be improvident, and
that his family on a prior occasion had caused part of his strangers, and for the future permission to view the building
will only be granted on Tuesdays, Wednesdays, Fridays,
property to be tied up in settlement, he, the defendant, and Saturdays, from 12 till 3in the afternoon.
had taken the same course of tying up the property to pre-
vent its being made away with by the plaintiff. WORSHIP-STREET.
The Solicitor-General and Mr. Headlam fur the plaintiff, George Ponniford, a middle-aged man, of sedate and re-
contended that the course taken by the defendant was die- spectable appearance, was charged with an assault of an
reputable, and a fraud upon the plaintiff, and that he was aggravated description in Victoria-park, upon a little girl,
entitled to a decree according to the prayer of his bill with named June Sampson, six years of age.
costs. The evidence of the child, of a gentleman named Barrett,
Mr. Bacon and Mr. Terrell for the defendant, contended who witnessed the offence, and of the park-keeper, showed
that the defendant was justified with a view to the pro- that as the little girl was walking with her little sisters ha 1
tection of his client from his own improvidence, in prepar. the Victoria-park on Sundayevening they were approached '
in g the settlement in question. by the prisoner, who was ostentatiously reading a mensal
Mr. Handl= having been heard in reply, of devotion. lie decoyed two of the children into a phis.
The Vice-Chancellor said, the effect of the evidence was tation, under pretence of telling them the names of the
to show that the plaintiff, being in want of money, applied flowers; and, having sat between them on the flower-beds,
to the defendant to assist in raising it, and that the defen- proceeded to commit the offence alleged against him. Sus•
dant, instead of preparing a security in the common form, peeting that he was observed, he snatched up the child,
had prepared a settlement, the effect of which was to tie. who endeavoured to escape, and removed her further into
liver over the plaintiff, bound hand and foot, into his (the the interior. The child struggled to escape, and her clothes
defendant's) power. Though there might possibly be circurn- were torn in the endeavour. The park keeper came up,
stances under which such a transaction would be supported, with Mr. Barrett, just as prisoner was repeating the out-
yet
it never could be so maintained without the clearest evi- rage, and took him into custody, when he assured them that 1
dente, that the transaction was entered into with be was a person of such moral and devout principles as to
the concurrence, and by the instructions of the render him utterly incapable of committing such an offence,
client. The plain and ordinary duty of the solidi- in confirmation of which he pulled out and exhibited a
for was to dissuade the client from executing Prayer-book and two other religious publications.
such a deed, and therefore the solicitor, in taking upon Fined 51., or to be committed for two months to the
himself to prepare such a deed for execution by his client, House of Correction, and also to find bail to be of good be-
without the clearest evidence of the concurrence of the haviour for six months.
latter, would do so subject to all the consequences and liabi- MARYLEBONE.
lities arising out of the fact that such a deed would not be Alfred Millen, a young man, was charged with having
upheld in this court. No evidence was adduced by the dc- stolen 1221. in gold, the property of Mr. Frederick
fendant, upon whom laid the burden of proof, to show such Debenham.
concurrence on the part of his client ;an that be alleged Mrs. Debenham deposed that she was carrying on busi-
was that he had thought it right to prepare the deed in ness as a baker at Kilburn, and that she also kept the
that form for the purpose of protecting his client from his post-office there ; her huthand lived in the same house
own improvidence. There was not even evidence that the with her, but she had latterly conducted the trade and
deed had been read over to the plaintiff. That being so, office herself, he, however, continued in the house and
be could have no doubt that the deed should be set aside in slept with the prisoner in a room next to her own. The
equity. Next as to the question of costs. In judging upou that
Ibis had to refer to the allegations in the pleadings, the conduct wages given to prisoner by her was 16s. per week and his
bread, on last Saturday fortnight she discharged hint for
et the defendant, and the circumstances of the case. Now, misconduct. She had saved up 2-50/.t which, unknown to
by the allegations in the bill it was denied by the plaintiff her husband, she bed deposited in a bag between her
that he had had any othor object in view in the transac- bed and mattress, and in March last she saw it there quite
Men hut the raising of the money on th . security of the safe. Last Friday she missed from the said bag 122/. all in
estates ; and it was stated that all other provisions in the sovereigns, and upon the disecvery of her loss information
deed were inserted without his knowledge and in fraud of was communicated to the police. When she found that her
his rights. The defendant, on the other hand, had of- money was gone, she in the first instance mentioned it to
hied no evidence in disproof of those allegations. There her husband, and he asked her how she could be such a fool
was clearly no evidence of a request by the plaintiff that the
as to place it where she did.
defendant should lie a trustee for him, or that he desired Sophie Byford *tend that she was a servant at the house,
the defendant, according to the recital of the deed, to and bail been so four years. She slept with her mistress,
Manage his property for him. If' it was desirable and knew that she bed a large sum of money concealed
te tie up the plaintiff's property, why could it not under her bed. Could not say whether the prisoner was
have been tied up in other hands than those of also aware of this fact. She had seen him come out of her
the defendant ? Why were not the members of the mistress's bedroom, two or three times; the last time war
plaintiff 's family, or his family solicitor, consulted ? Look- thra•e weeks ago, but never asked hire what business he
lag at the nature of the deed, and ut the duty imposed upon
had in the apartmeet. The day before the prisoner was
the defendant, he thought he should not be carrying out discharged by her mistress, she heard a loud knocking in
the ordinary rule of the court unless he threw the costs of his (prisoner's) room, into which she soon afterwards
the suit upon the defendant. It had been said that the tie_ entered, and found that a box of his was tightly nailed up.
amity of a suit had been occasioned by the plaintiff. The Baldock, who apprehended prisoner, said that he found
defendant had professed himself' willing to reconvey if the
no money in his Lulea, and only 71. on him.
plaintiff would apologise for having said that the deed had Prisoner, who protested his innocence, was remanded.
been improperly obtained by the defendant. The plaintiff, The magistrate expressing his readiness to accept bail.
however, hail refused, and thus the suit had arisen. Ile THAMES.
(the Vice-Chancellor) could give no countenance to the Eight seamen, named Gee. Wood, 31 ;W. Richardson,
doctrine that a trustee could refuse to reconvey trust 23 ; Richard Batten, 20 ; Hobert Burns, 21 ; Joseph Burns,
property because the cestui que trust refused to 23 ; Was. Meech, 26 ; Robert Richardson, 19 ; and Henry
apologise fur an alleged imputation upon the trustee There Richardson, 24 ; were charged with combining and cre-
could not be a doctrine more fatal to the interests of cestui ating a disturbance on board the Lady Falkland, on the
que trusts than to hold that matters of private fee.ing voyage from Miramichi to London. Mr. Pelham appeared
could be taken into consideration in determining questions, for the prosecution, and Mr. liodgson for the defence.
whether of merits or of costs, as between trustee and cestui "'lt appeared from the statement of Mr. Pelham, coupled
Rue trust. In his view of the case he thought the allege- with the evidence of the captain and mats of the Lady Falk-
tions in the bill were properly inserted by the plaintiff. land, that the Broom, Capt. Drysdale, and the Lady Falk-
The defendant might certainly have acted under an inns, land, Cspt. Smith, both belonging to the same owners at
cent mistake, but that was no ground for burdening the Glasgow, arrived at Mirainichi from England on the 11th
plaintiff with these unneeessary trusts. The result would of May. The four first-earned prisoners, who belonged to
be a declaration that the deed was void in equity, and a the Broom, deserted, and ran into the wood, and 13
decree for • reeonvesanee of the property to the plaintiff by of the crew of the Lady Falkland also deserted,
the defeudant Prance and the other parties interested under so that Capt. Smith had to recruit for hands the
the decd. The casts of those other parties to be paid by best way he could, getting men from the lodging-
the plaintiff, who was to have them over against the defen- houses and the bush. Amongst others he got the four
dant Prance. first, whom he did not know to have belonged to the

Broom, out of the bush, and the four othen he got on
shore, giving them W. and 121. for the run, with the excep-
tion of Meech, whom he engaged at 81. as an ordinary sea-
man. When starting, on the 17th of June, lie
was compelled to pay them before signing or sailing, they
became exceedingly insubordinate, and positively refused
to work. Their conduct was extremely mutinous during
the whole voyage. They cursed the ship and every one in
it, and conducted themselves in a most disgraceful
manner. Whilst the verel was off Gravesend, they were
exceedingl turbulent, refusing to weigh anchor, shouting
out "murder," and calling to the boats of ether ships to
take them off, offering to pay them for doing so. They
would not weigh anchor unless paid additionally, and when
promised payment they demanded the money down, not-
withstanding the remonstrances of Mr. Reed, the Trinity
pilot. They at length became so outrageous that inspectors
Griffin and Judge, of the river police, had to be sent for,
and they were given into custody.
For the defence it was urged-that the men were dissatis-
fied because of the deficiency of provisions, but on the other
hand it was shown that there was only a deficiency of flour,
whiled all the other stores were in abundance.

Mr. Yardley, after commenting severely on the conduct
of the prisoners, sentenced Wood, who was a ringleader, to
eight weeks' hard labour, and the others to four weeks
each, with the exception of W. Richardson, who was sen-
tenced to 21 days, and Meech, who was discharged.

MARKETS.

LITIRPOOL, JIILT 14.

-
The sales to day consist of
Sugar: 1.640 bozos Havana, 0.4 duty paid. Saltpetre: 1,000
bags, !Gs., 0 per aent. : 700 bags very good white Bengal,
10s. Bd. hurl Sago : 241 bosee, at IMo, Lo wood St/ toss St. Do.
tains% 331. Poetic., IS toss ►t. Lkokingo. IL

GLagriOW, JULY 12.
Corrox.—There has been a fair inquiry for cotton wool
from the trade the we. k, but prices are abut Id. per lb. lower, and
the tend. my is still downward. In goats and yarn little is norm,
and vier* are unchanged. Pig Iron : The pg iron market contnum
very quiet, but priers keep steady. No. I, g.m.b , 375. nd.; No. 3,
39a.; Gartsherrie scarce, and cannot be had under Va. 9d. for No. I.
Freights, from the small demand, are low, both for foreign and hum,
ports.

COTTON.—LtvEhroor, JULY 14.—Tho market has
bees steady to.day, and prime all kinds are the OM" as on Friday.
The sates are estimated at 5,000 and 6,000 bans, 1,000 of which were
Whoa for Impart, and Include:-4,300 American ; IS, Perna's. and
Maranhoun, 64d. to 61d.; 900 Egyptian, 301. to 7-3 d.; 300 &mats.,
20. to 9,d. ; 130 Sea Ishuals, 10 to 14.

COALS.-LONDON, JULY 14.-CLOSE UV TILE MAIL-
hT. -Sato 's West Hartley, 126. 93.; (Minter •ain, 12n. id.;
Holywell, 13s. 6d.; Redhfugh Main, 11..; Tanfleld Moor, 12s. 9d.;
Went Wylsm, 135.; Walla End Acorn Clow, 12n. Gd.; Walls Cad
Eden, 12*. Gd.; Walls End Honforth, 13n.; M alls End Mforrlngi,
126 9d.; Walls End Walker, 136. 3d.; Eden Mam, 130. 3d.,•
Larnbum Primrose, 13s. Gd., Walls End lielroont, lio.; Wall, End
Braddyll, 145.; Walls End Helton, 14n. 3d. ; walls End
11s. Gd.; Walls End Laminar', 14n.; Walls End Lumlify, I.:s. 9d. ;
Wall, End Humes Helton, lbs.; Walla End rWarbo,o,43. 13, ;
Wall, End Stewart'o, 14a. 3d.; Walls End Deninin, 124.6 d. ; Walls
End liantleporg, 146 3d.; Walla End I leugh 11,11, 13s. 3d.; Walls
End Keno., 130. 9d.; Walla End trouth Hartlepool, 13a.Gd.; Walls
End ,ouch Kelton, 135.; WAD Fad Tbornley, 13..; Walls End
Whitworth, 12.. 3d.; Wall* End /lexicon's Tees, Gd.; Walls
End Seymour Tees, 134.; Walls &d Teen, 14s. 3d.; Derwentwater
Hartley, 13s. Gd.; Hoyland's Steam, 13n. 3d.; Nixon's Merthyr
and C relir, 216-61ilps at marker, 83; soul, 64.

CORN.—Crarxeraraa, July 14.—We have had a very
dull market to-day ; very little business doing. 1 here is no advance
in price•, so that we may quote exaetly the same as those of this day
week, via.: Wheat, 91. to W. toe, per load. Barley, 24e. to 265. per
quarter. Oats, 195. to 260. Beans, 300. to 35v.

STETNINO, June 14.—The attendance to-day was very
short. and but et ry little grain offering. WA. s., white, I. 10s. to
11/.; red, 91. to 101. Barley, 21s. to 235. Oats, l's. to 20s. Beano,
291. to 30s. Peas, 28s. to soy.

CATTLE.—LtvIRPOOL,JuIyI4.—There has been abetter
demand this we. It for cottle, but for sheep and lambs there mu but a
dull rte. The guppy consisted of 1,020 beasts a-id lo,lSs ebtep and
hunbe—the whole of the former be tog so.d p, and part of the latter
remaining on bawl. The quotations are (waking the offal) :—let
clam heifers, 24d.; 2nd, ditto, 414. to led.; balf.fst bullocks and
cows, 14. to 44d. ; sheep, Id. to 51d.; lambs, 64. to 64d.

- - -
WOBURN (BEDS) Fein, July 14.—This fair was well
sapplied with Muck of all kinds. Of good bred Streep there wee not
quite on large a number as in former years, toy they were better in
quality. There wait a good buniarm done, but the farmers were die.
Noodled with the prier. obtained for them. The bolt breeding ewes
made 3u6., and the prime stuck wether Lambs 2 'e. each. Store Beast,
went plentiful, cartooning of some of the most choice breeds from the
northern *mintier; but they were in slow demand, and to effect sales
lower prices were submitted to; milking and d awn calving Cows sold
better an proportion than any other stock; aid aid of the beet deocrip•
Von found a mod, sale. florae' and Ponies of good quality made
high prices.