The Sun.
London, England, 1852-01-12 00:00:00

EVENING,

JANUARY 12, 1852

the greater part of Germany has already ROLLS' COURT.—(THIS DA Y.)
pronounced. The treaty of the 7th of September proves cocauer. P. TATtER.
in the most convincing manner that the distance which This was a ease heard before the Master of the Rolle
separates the literal north-west from the rest of Ger- last term. It appeared that a suitor of the Court, the
many may be annihilated. plaintiff in the cause, Collett v. Maul°, being a man is
"In fine, the approaching expiry of the treaty of the poor circumstances, and desirous of raising money for
Zoliverein inspires well-founded fears for its continuance, the prosecution of the suit, applied to a person named
considering the known sentiments of its members; and Finch, the real defendant in the present suit, for that
this offers a favourable opportunity to introduce modifica- purpose. After some negotiation, Finch agreed to ad-
tions by which an advantageous and permanent eaten- vance to Collett the sum of 1,0001., but only on the con-
aim of the territory of the union may be realised. If we dition that Collett should at the same time purchase a
profit by these favourable circumstances—if the difficul- plot of land from him, situate at Barnes, at a price which
ties, arising less from facts and from real wants than was afterwards proved to be ten times its real value. To
from theoretical views, are examined with calmness and this proposition Collett assented, and gave security for
impartiality by chosen men—and if they commence by the purchase money by a mortgage on his share of the
regarding as a guiding principle that all sudden and vie- fund in Court in the suit of Collett v. Maule, which wag
lent transitions and all precipitation ought to be avoided executed in the month of December 1848, and the pro-
-and if, in despite of the union, they admitcertain special perty was then transferred to him. Finch advanced hire
conditions depending on local circumstances, smoothing sums of money at different times to prosecute his suit.
insensibly away certain inequalities in periods to be fixed Sub-mortgages on the fued were afterwards effected 14
beforehand, and taking care of all interests, this union Finch to Cockell and Taylor, who were also parties to
may be safely effected. In fine, every member, by practis- this suit, and to several other persons whose claims had
ing self-denial, and looking only to the grand and corn- been satisfied and who did not appear in court. TO
mon object in view, and contrasting it with the trifling matter came before the Master of the Rolls on the
sacrifices it will be required to make, will feel without
doubt that our efforts will produce abundant fruit, to conclusion of the suite of Collett v. Mettle, when bills
were filed by the mortgagee and sub-mortgagees for es'
which your counsels, gentlemen, will powerfully con- tisfaction of their claims.
tribute." The MASTER of the Ronns now gave judgment;
The Prince then dwelt on the advantageous po- After mature consideration of the evidence, it appeareu
sition and vast resources of the Austrian empire, to him that advantage had been taken by Finch of the
saying that she was willing to make the necessary situation of Collett to force on him the purchase of the
sacrifices on her part. The Austrian Cabinet de- land in question, at a price far beyond its real value,
sired to base their projects on the treaty drawn up There was nothing to show, as had been suggested, the!
at Dresden and revised at Prankfort; and the Prince
the object of Collett was to purchase land for a build.iai
speculation, but he had merely submitted to the until!'
dwelt at great length on the benefits that must arise
condition us a means of obtaining money to prosecute hil
from that treaty, to which no objection could be
claim. His opinion was, therefore, that the whole trans'
offered. He did not expect that any treaty of an action between the parties was void. With regard 10
effective nature could be drawn up by the present the sub-mortgagees, no evidence had been produced to
limited assembly, and all they could do was to ex- show that these parties had acted in ignorance of the
change ideas on the subject, in order to arrive at circumstances attending the original mortgage. 3
such conclusions as would lead to a treaty acceptable thought therefore that their mortgage would be invalid.
to all the German Governments. He concluded by lie should, therefore, decree that the mortgage deed all
saying : the deed of conveyance executed between Collett au
's
The negotiations to which the Prussian Govern- Finch should be declared invalid, and that the land by
ment has invited the states'of Germany, with the avowed re-conveyed to Finch, who should, however, have he
object of renewing the treaty of union, offers the occa- power to recover the sums advanced by him to Collet!
mon of bringing this project to a realisation. Let us Finch to pay the costs of the suit up to the time of beat'
commence, then, gentlemen, our labour with confidence ing; the sub-mortgages of Collett and Taylor to e,®
~
and courage. Whatever may be the result, you will declared void and annulled, and all the costs incurred is
enjoy the conviction that our efforts, if they are guided this suit by their insisting on their validity to bo paid
by a spirit of union, will not have been fruitless. The by them.
good and the useful, offered in an acceptable manner—
which is the earnest wish of the Emperor—and worked
out with perseverance and by the light of knowledge,
aro always entitled to gratitude."
The Count DE LERSCHENFELDT, Plenipotentiary of
Bavaria, replied to the PRINCE by saying that the
Assembly, in whose name he ventured to speak, felt
grateful to the Imperial Government for the opening
that it had made in this important matter, and hoped
that they would be able to effect a permanent com-
mercial and customs union between Germany and
Austria; there were difficulties in the way, but so
there were in every great work, and they hoped to
clear those difficulties away, however great they
might be.
The deliberations will begin in a few days.
Accounts from Berlin of the 9th mention the con-
centration of a large Russian army on the frontiers of
the duchy of Posen.
The dissensions between the Governments of Prussia
and Austria, in all that relates to the German question,
have brought the proceedings of the Frankfort Diet to
a stand-still. The publication of the protocols of the
Diet is suspended.

EXCHEQUER.-(THIS DAY.)
Their Lordships touk their seats on the bench 111
half •past ten o'clock.
Atter hearing some important motions the Court le
corded with the cases on the new trial paper.

QUEEN'S BENCH.-(THIS DAY.),
This being the first day of Hilary Term, the Judge'
took their seats o•A the bench shortly after ten o'ci,c't
They were the Lord Chief Justice Campbell, Mr. Or;
tice Patteson, Mr. Justice Coleridge, and Mr. Just'g"
Wightmau.
roff
The LORD CHIEF JUSTICE announced that to.mor—
morning the Court would give judgment in several esse,7o
including that of Sir George Cockburn, relating to t",
affiirs of the military service of the East India ComPeJ; F
There were no motions before the Court this morolli°

of sufficient public interest to justify a report.

BAIL COURT.-(THIS DAY;)

QUEEN V. MELLISH AND OTHE2t9.
Mr. HITDDLEsTON applied to the Court for a -110
calling upon the prosecutor in this :case to show 01;4
why he should not deliver to the defendant a stateo3%o
of the principal charges upon which ho would rely ""
trial. This was an indictment for conspiracy, and ,y,
indictment itself contained four counts. The first e 011:,,
which was of considerable length, charged the deie";
dents with having combined with others to cheat 5t
defraud the prosecutor of a landed estate, and tb,:op.
it went on to specify an overt act by which the P,'6l
secutor was induced to sign a certain deed, which 09130
the count sot out in full. The second count charged ato
defendants with the same offence, without setting :o
the deed; and the third and fourth counts charged 'tor
defendants with conspiring to cheat the proseeu,t•
without saying how, when, or where. Three inol'o,
ments, founded upon the same transaction, had been Prof
ferred at the Old Baily, and thrown out by the greed
jury, while one of the defendants now stood charges
with perjury in refbrence to the same matter, and tll
of the terms of his motion would be to call upon d
prosecutor to show cause why he should not be cona%;
to one indictment, and thus restrained from put
a system of persecution.—Application granted.

COMMON PLEAS.-(THIS DAY'
NOBLE V. ANDERSON.

Mr. Sergeant BYLES applied in this case for a -
show cause achy a commission should not issue of
examine the plaintiff as a witness for the defendaoity
why the defendant should not be at liberty to inspelid
bo ilts and papers of the plaintiff, or why all prof ico,
should not be stayed until the return of a comtl3ifio
which had been sent on the application of the plainti
examine a witness at San Francisco, in Califernia• 031
made the present motion under the provisions of the
Evidence Act, the 14th and 15th Vic., chap. 99.,„
second section enabled either party to a suit to u'tioo
smieed viva voce or by depositions, and the sixth seeoo
provided for the compulsory inspection of •i
and papers which related to the suit, filei
were in the possession, or under the c°vilP
of either of the litigant parties. The plaintiff ill„dbi
action was a merchant at Halifax, in Nova Scotia, e,1301
sought to recover from the defendant, who is a wor;,i,io
in London, the sum of 2,0001., the amount of con 0„
on certain goods which he had sold as agent for ibloti9
f-ndant. The defence to the action was that the PI6
had charged 25 per cent. more for commission tbati It!
arced upon. The defendant stated in affidavit Oil tlif,
plaintiff was a material end necessary witness, 013:1107,
he believed if he were examined he would give evil
which would defeat to a great extent, if not entireTo3°'
own claim. He hoped that in the event of the Coo.ool
granting a commission to Halifax, it would at 10900'
all proceedings until the return of the plaintiff o
mission, which was expected back in February 13,,e5„(1001
The CHIEF JUSTICE inquired whether the &le"
had joined in that commission? de
0000

Mr. Sergeant BYLES replied that he bad not,. -
fendant considering thut a witness at San Franco°
not competent to give the evidence he wanted. slOO
The CHIEF JUSTICE thought that facts mig-,A
been elicited in cross-examination which wow'
rendered the plaintiff's evidence unnecessary.
Mr. Lusu, who appeared for the plaintiffs t/ro'reor
the application, on the ground that it was made to
delay. co"
;acts"

The COURT considered, on looking at the fa- Der
tamed in the affidavits, that there was a decisive Dell,i
to the motion, viz., that it was made for delay, en"a",
alone. Under those circumstances the Court eilj-0Pc)
accede to the application on the defendant undo
to pay the money into court.

MARLBRO'-STREET-(THIS D'l/
BREAKING INTO A GAMBLING HOUSE.--1?1,-,4
Bell, James Wells, Charles Foster, Moses Hart, .11'
Lyons, William Coyle, John Bullock, Robert )701,4,1;01)
John Allan Abbot, men well known in the " plitY hoej
were placed at the bar before Mr. Bingham, eforr
with being found in a common gambling house
unlawful purpose.
eclvi‘J
Mr. Superintendent Otway, C division, depos-44
by order of the Commissioners of Police he, seeoeirdecl`
by Inspector WWI and other constables, proeeeNfld
Sunday morning, about one o'clock, to No. Me 'oo
try-street. On arriving at the house he found tli°Jie
door open, and in the middle of the passage hene;
a pair of folding doors, which were also open.
ceeding to the end of the passage, ho found "'"eft'i
vered with green cloth, with a small glass fire Iffi
therein to enable those inside to see those 4
entered from the street door. Witness
at that door several times, and rslideo
bell, but received no answer. After ;*e
about five minutes, he directed some of his reee e ;lf)
the door open with a sledge-hammer, which the oi
voured to do, but without succeeding in their eh) 00
person inside then called ont " Stop, I Will °Po
door." The door was then opened by a man W/ie
Pei
his name Levy Lyons, whom he at once sent to thou
station. Witness then went into a large r 00133, titY4
ground-floor, where he found the whole of the deli ;V?
a
. Witnesseustod. t 0 108 0
took 1:,
theyt
musting and
a considernames,
so
them. On 4Os
in
his s ye
0 fiFoi
he found 81. in gold, and 61. 4s. 10d. in silver; °
lock 584 los. in gold, and 3/. 4s. 6d. in silver; „n
stheir
n sittings,
ant themselves ienm these
searchedlmi3oooJ
Si. 10a. in gold and 11.25. in silver, and on the otbdoi
voral small sums in silver. This money witeetvi„iig:
to constitute the " bank." No dice, cards, or gi-011,4
plements of any description were found end 1'
them. In the centre of the room was a ler°,,oce°
table, which appeared to have been e
tioo
stripped of the cover —the latter was
the floor. On a sideboard in
he found several bottles of brandy and a cleti-tbei
cigars. After the defendants had been taken t°,„e
tion-house ho made a strict search over the htfrpoijod
in the water-closet he detected a large piPe'd
down to the common sewer. This pipe Ili; el 4
enough to convey any gaming implement that if4pv
used into the sewer. Witness did not succeie feiVo.4
covering any implement of gaming, as the u 0 0 r
had had plenty of time afforded them to put tile 019
He afterwards examined the covered door, anedf
lined entirely with sheet-iron, secured with fe"%t
a cross-bar, and a lever-bar, which made it oe
impossibility to force it open.
Mr. BINGHAM—IS that all the evidence? le
woy—lt is, Sir. In these cases it is impostilw
duce ac
BlNGtual proof. bOf
Mr. HAM—Then the defendants are w•ge

OA'
THE KING OF HANOVER.—The Hanover
.
Yl
of the sth state that a consultation of physicialn.;iol
goons had just been held on the blindness of ilia .on "Dlo
that all the members
.present, with the occePtlcory
Leuw, expressed an opinion that the malady iab
ASI
M. Thiers arrived at the St. Katherineoor
this morning, by the General Steam Navigati°3 tf
steam-ship t'oho, from Antwerp. robloi v
Ihe Marquis and Marchioness of Nora',
suite arrived at the St. George's Hotel on SaturtnAtl°ll
British Embassy at Paris. The Noble Marqui3 /13f,30
ceedingly rough passage across to Folkestone. vile,
George S. Jerningham, first Secretary of Legati°,?;seficor
ciate as chargé d'affaires during his Lordships ', r et
Lord John :Russell, a Ministerial leflotoei
House of Commons, will give a grand official 00,0
the First Lord of the Treasury's residence in v° boat
on Monday. the 2d of February, to a party of ,i'secolla
Ministerial Members,':inciuding the mover sill cot
the address, previous to the opening of Parlita
Majesty in person on the following day.