The Sun.
London, England, 1852-01-16 00:00:00

MARKS V. HAMILTON.

This was a cross motion in the same case by the At-
torney-General on the part of the defendant, for a rule
to show cause why there should not be a new trial for
misdirection, as his Lordship ought to have directed the
jury that the plaintiff was not entitled to recover. The
plaintiff had been discharged under the Insolvent Act,
but had been afterwards brought np again, and the
first order for his discharge was rescinded, and his
protection was suspended for twelve months ; in the
interval between the first and second orders, the in-
surance was effected. Under these circumstances, it
was contended that the plaintiff had not an insurable
interest in the premises. His property, under let and
2d Vic., cap. 110, sec. 57, vested in his assignees, and
they alone had an interest which could bs the subject of
insurance.
Baron MARTIN—You ought to have had another plea
fur that; the plaintiff has an interest of possession.
The ATTORNEY-GENERAL—Such an interest may be
sufficient against a wrongdoer, but this is a contract
which is based on the party having an actual inter-
est. The office is in an awkward position, as they are
liable to be called on by the assignees as well as the
plaintiff.
Sir F. POLLOCK—This Court will protect you as to
that by restraining the plaintiff from taking out execu-
tion if the assignees are entitled to the proceeds. The
Court will take time to consider whether a rule shall be
granted.

POLICE INTELLIGENCE
MARYLEBONE. _

James Cadby, alias Randall, and Frederick Mann, two
of the most artful begging letter imposters in London,
and who for a considerable period have by their fradu-
lent practices " victimized" the benevolent and humane
to a considerable extent, were brought up from the
House of Detention, and placed at the bar before Mr.
Long for re-examination.
Lieutenant-General Sir W. Napier, General Stop-
forth, Captain Chappell, R N., and other gentlemen who
had evidence to give in the case, were present; and
Captain Wood, the manager of the Mendicity Society,
was also in attendance. _ _

Some particulars connected with what took place at
the first inquiry have already appeared. The additional
evidence now given went to show that the name of Lieu-
tenant-General Sir William Napier, as a subscriber in
the sum of 51. was not a genuine one the paper pro-
duced, but that he had given 3/. for the benefit of the
widow, and affixed his signature for that sum to
a paper which was handed to him at the time.
He could not identify either of the prisoners
as being the parties by whom he had been waited upon
and solicited. The impression upon the wax of the en-
velop containing the letter bearing the name of Captain
Chappell, who is secretary and joint manager of the
Royal Mail Steam-packet Company, Moorgate-street,
City, was from the said company's seal, one of which
was stolen some time ago. He (the Captain) knew
nothing whatever of the prisoners or of the letter,
neither was he cognizant of the distress of a Mrs.
Erskine. It was further shown that Horsford had made
all possible inquiry about Clapham for a lady named
Erskine, and that there was no such party known there
or in the neighbourhood. The prisoners had, on former
occasions, been charged with practices of a similarly
fraudulent description, and had been more than once
convicted; they were the most artful and successful im-
postors in their line that he had ever met with.
The prisoners, who had no defence to make, were each
sent to the House of Correction for three months, with
hard labour.