The Sun.
London, England, 1855-03-23 00:00:00

CLAYTON V. POLLARD.

This was a demurrer to a bill for a specific performance
of an alleged agreement by the defendant to sell and de-
liver 500 tons of coal weekly to the plaintiffs, the Bow-
ling Iron Company, they offering by the bill to drain and
loose such of the beds of coal as had not been raised,
this being their part of the alleged agreement.
Mr. Chandless and Mr. Cole were heard in support of
the demurrer, and denied the plaintiffs' equity. They
also relied upon the Statute of Frauds, upon the want of
part performance to take it out of that statute ; upon
the ladies of the plaintiffs, and on the impossibility of
enforcing the specific performance of such a contract.
Mr. Rolt and Mr. Speed for th• plaintiffs.
His Honour allowed the demurrer, on the ground that
the agreement, if valid, within the statute, could not,
after the delay which had taken place, be specifically
performed under the sanction of this court. His Honour
intimated to the plaintiffs' counsel that there could be
little utility in giving leave to amend the bill.

INSOLVENT DEBTORS COURT.

IN RE EDWARD CHABERT.

This insolvent, whose theatrical name is " Boutellier,"
described as one of the "Italian Brothers," applied in
custody under the Protection Act.

Mr. Dowse opposed for Mr. Noakes, hotel-keeper,
Southampton, and Mr. Griffits supported.
The insolvent had been arrested on a judge's order,
and put in gaol. Ho subsequently petitioned under the
Protection Act, and afterwards his bail on the capias
rendered him. He applied to this court for his discharge,
which was refused, as there was a special provision
against the application. The insolvent now appeared
from prison, and on his behalf an application was taken
to the opposition, on the ground that Mr. Noakes had
made an assignment for his creditors. The case was
about to be adjourned to serve the trustee, but the ob-
jection was waived, and a doubt was entertained whether
Mr. Noakes had not been properly served.
Mr. Dowse said ho had no opposition to offer to a day
being named for the final order, and it had better be ap-
pointed.

Mr. Griffits was afraid 'there was no power in the
court to discharge the insolvent until the final order was
granted.

The insolvent begged his discharge. He had been
some time in prison.
Mr. Commissioner Phillips told him he had no power
to discharge him on the present occasion, but an early
day as possible should be granted. His Honour in the
course of the case, said he saw the insolvent attributed
his appearance to an order of Lord Palmerston, prohibit-
ing him from going up in balloons. He ought to be
obliged to his lordship for saving his life.
A day after the Easter recess was appointed for the
final order.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—LEwEs, MARcEr 22.

Henry Brooker, an elderly man of very respectable
appearance, surrendered to take his trial for forgery and
uttering an acquittance and receipt for 321., with intent
to defraud.

Mr. Creasy prosecuted ; Mr. Parry was counsel for
the prisoner.
_ _

ICappeared that the prisoner had been for a great
many years churchwarden of the parish of 13Dshani,
near Chichester, and that he took an active part in the
management of the parochial affairs, and a good deal of
trust was reposed in him. The parish, it appeared, had
an account with a branch of the London and County
Bank at Chichester, and the prisoner, it appeared, also
had a private account with the same bank. It seemed
that in May, 1653, a sum of 321., which bad been paid
into the bank, had, by some mistake, been placed to the
credit of the parish of Bosharn, and the sum so remained
to their credit until the latter end of last year, when it
appeared that the prisoner claimed the money as
and he asserted that he had paid it in to his own private
account, and that by mistake it had been placed to the
credit of the parish. The prisoner, it appeared, drew
out 201. of the amount, and on his insisting upon
his right to the remaining 121., the parish ins:ituted
inquiries, the result of which was that they repudiated
his claim, and insisted that if Lis statement were correct
it was the bank that was liable to reimburso him the
money, and not the parish. The prisoner, it appeared,
still asserted his claim to the amount, and upon the
auditor making some inquiries of him with regard to the
matter, he agreed to accompany him to the bank, and
the prisoner then produced what appeared to be a voucher,
signed with the initials of one of the bank clerks, for
the receipt of the sum in question. The clerk at once
declared the document to be a forgery, and upon the
prisoner being told that he must know that the signa-
ture was forged, it appeared that he fell into a fit. In
addition to these facts it was shown by an entry in the
books of the bank that the sum in question had in reality
been paid in by another customer, and the prisoner can-
sequently had no interest in it whatever, but the persons
who were represented to have paid in the money were
not called to prove the fact, and this portion of the case
rested entirely upon the entry in the bank books. The
prisoner, it appeared, had lived in the parish for 30 years,
and had been churchwarden the greater portion of that
time, and that great confidence was placed in his inte-
grity.
Mr. Parry made a most earnest and forcible appeal to
the jury on behalf of the prisoner.
The jury returned a verdict of not guilty.

MIDLAND CIRCUIT.—DERBY, MARCH 22.
ENCOUNTER WITH POACHERS AT BRETSY PARK.
Win. Wright, 26, Mil. Wall, 25, Joseph, Dakilt, 24,
were charged with entering, and being found, in certain
enclosed lands in the occupation of the Earl of Chester-
field, in the night of the 30th of July last, for the pur-
pose of taking and destroying rabbits, and being then
and there armed with bludgeons and other offensive
weapon!.

The jury returned a verdict of guilty.
In passing sentence his lordship observed that, know-
ing that violence in night poaching had been attended
with death in this country, he should make a distinction
in the sentences upon the prisoners. Wright, who was
proved to have used a bludgeon, must be imprisoned 18
months, and the other two six months each.

OXFORD CIRCIIIT.—SHREWSEURT, March 22.
Vincent Downes, on bail, was indicted for having com-
mitted perjury at the Wellington County Court, on the
15th August, 1853.

Mr. ScotiandPiosecuted ; and Mr. Kenealy defended
the prisoner.
It appeared from Mr. Scotland's statement to the
jury that the prosecutor is a veterinary surgeon and
the prisoner a licensed victualler; sometime before July,
1853, prosecutor had an account against the prisoner,
and called upon him to solicit payment, when the latter
said he " would pay him the same way that Paul paid
the Ephesians," and followed his threat by a severe as-
sault on the prosecutor. In consequence of that assault
prosecutor brought an action against the prisoner in the
Wellington County Court, which was partially heard on
the 15th July, and afterwards by adjournment on the
19th of August. On the latter day the prisoner offered
himself in evidence in his own behalf, and swore dig-
tinctly that he had never assaulted prosecutor in any
way- In his cross-examination he denied that ho had
ever told James Turner, William Farmer, or a man
named Podinore, that ho assaulted prosecutor. Mr.
Scotland called Uredale Corbett, Esq., judge of the
Shropshire County Court, who produced and read the
notes he had taken at the hearing of the case brought by
the prosecutor against the prisoner. J. Brookes, deputy
clerk of the Wellington Court, handed in a certified ex-
tract of the record of that court, signed by the clerk, and
impressed with the seal of the court ; and evidence was
give❑ to show that prisoner was sworn before he gave
his testimony. Turner and Farmer were called to prove
that prisoner had admitted the assault to them on dif-
ferent occasions.

Mr. Kenealy addressed the jury in defence, and then
called Messrs. Summers, Morris, and Thomas Parton,
all of Wellington, who gave the prisoner a goad charac-
ter for honesty.
The jury convicted the prisoner, and he was sentenced
to twelve months' imprisonment with hard labour.