The Sun.
London, England, 1852-01-31 00:00:00

IRELAND.

JAW:B. Tt t
els'
eh
ne ,
wtrialas ()
resumed Francisa at
FRIDAY.—THE SPECIAL COMMISSION.--
DUBLIN,
Kelly, .
Monaghan yesterday, when Mr. Butt, Q.C., addressed
sderTHOEf
the jury at much length for the defence, and several
DisAour.stlhEeN Tm
murder
witnesses were examined to prove an alibi. The Soli-
citor-General replied to the evidence on the part of the
Crown. The Lord Chief-Justice having charged the
jury, they retired at six o'clock, and remained out for
three hours and a half. At halt-past nine o'clock last
night they were called into court, and asked if they had
agreed to a verdict. The Foreman replied in an em-
phatic tone, that they had not. The Chief Justice di-
rected that the jury should return to their room. Bai-
liffs were then sworn to prevent communication with the
jury) they were locked up for the night, and the Court
adjourned.

It is very probable that the jury will be discharged
without coming to a verdict this day, and that the
special Commission will close early next week.
The Special Commission has had the effect of check-
ing actual outrage in the disturbed districts of the north;
but there is too much moor' to apprehend that the

change will be but very temporary. Threatening notices
upon landlords, agents, and other persons concerned in
land, are becoming more ircgacot in Louth, Monaghar,
Armagh, and Down. A notice of this kind has been re-
ceived within the last week by a landed proprietor re-
siding near Dundalk, and whose property adjoins that of
Mr. Eastwocd, who has so narrowly escaped assassi- 1
nation.

LA W INTELLIGENCE.
COURT OF EXCHEQUER, Jan. 30.
Sittings in Middlesex, at Nisi Prius, in Hilary Term,
before Mr. Baron MARTIN and Common Juries.)
MENDOZA. V. WOOLLEY.

This was an action to mover compensation in da-
mages for an assault._ _

The defendant pleaded not guilty.
Mr. Hawkins appeared for the plaintiff, and Mr. Ro-
binson was counsel for the defendant.

The plaintiff is an old clothcsman, and the defendant
is a member of the equity bar. The circumstances of
the case will be gathered from the accompanying evi-
dence :

Mendcza—l am the plaintiff. and I live in Hennas-
ditch. I have eight children. I deal in old clothes, and
on the 27:h of November I was collecting clothes in
Halfmoon-street, Piccadilly. About half-past flint •
o'clock that morning I saw a gentleman standing at the
door of No. 2?, in that street. He had his bat off.
Thinking that he had called me I went across and asked
him if he had any cast-eff wearing apparel to dispose
of. He said, " You Jew thief, do you think I sell old
clothes ?" I said, " Whom do you call a thief ?" He
said, "You Jew thief, I will knock your d—d head
off," and then gave me a terrific blow on the cheek. I
reeled and fell intoehe middle of the street. When I re-
covered myself the gentleman was standing at the door,
and as I was going back towards him he threw out with
his feet and kicked me several times, till I fell again
into the road. On my recovering myself I looked to-
wards the house and found the door was shut. I saw a
woman cleaning the steps at No. 20, the house opposite.
I spoke to her, and then managed to crawl home, and
was kept in bed three days. Some time afterwards I
went to the Vice-Chancellor's Court, where I saw the
person who assaulted me dressed up in his robes and
wig. I knew him when I saw him. Before this I had
gone to my attorney.
Cross-examined—l have lived in my present house
ever since it was built—seven or eight years. I did not
see a little dog at the door with this gentleman. That
is the gentleman sitting there, and he is the same I
saw at Lincoln's Inn in his wlg and gown. He was not
pointed out to me. I have no doubt of his being the
man who assaulted me on the 27th of November. That
gentleman up there is not the gentleman. The defen-
dant had a dark coat on, and lightish coloured trousers
—speckled. I cannot say whether he had slippers on or
boots, notwithstanding I felt them when he kicked me.
I was on the other side of the street, and I went over
because I thought he called me. I touched my hat to
the gentleman in the first instance. He did not say
he did not call ma. I did not use any offensive
observations. I feel the effects of the blow even
now very much. After he knocked me down the first
time I was walking quietly towards him. When I went
back he kicked me several times; the first kick I warded
off with my hand. I had three kicks, certainly, because
I was " obligated" to take them.—(Laughter.) The
kicks followed each other very quickly, and, as I re-
tired from them, he came after me. I got home between
ten and eleven o'clock, but did not take to my bed till
the third day after the assault, I saw my attorney
before I took to my bed. On the day after the assault
I went up to Halfmoon-street, and obtained from the
servant the names of her master, Mr. John Tartan
Woolley. The assault was on Thursday, and on the
Friday I got this information from the servant at the
house.

Robert Bell—l served the writ upon that gentleman,
at his house in lialfmoon-street, and, to the best of my
belief, ho is the same I iaw in the Vice-Chancellor'6
Court.
__ _

Ann Ward—l remember the 27th of November, and
on that morning was cleaning the steps of the duor of
No. 20. I saw the plaintiff come by. Prior to the as-
sault I saw a gentleman standing at the door of No. 27.
The plaintiff at,ked him it he had any old clothes to sell,
when the gentleman called him a "Jew thief," and pre-
sently knocked him down. I believe that gentleman to
be the one.
Cross-examined—The plaintiff has called on me twice
since the assault. I never knew him before. That is
like the gentleman. Ile is about his height. I will not
swear that the other was not the gentleman,
Edward Haten, the assistant of a medical gentleman
at Islington, proved having attended the plaintiff: His
face was very much inflamed, his arm bruised, and his
left leg also. The plaintiff. was ordered to bed, some
liniment was supplied to him, and medical attendance
upon him was necessary for more than three weeks.
Cross-examined—l attended the plaintiff rather as a
friend, for I had bought clothes of him. I attended him
about ten times during the three weeks.
Mr. ROBINSON, on the part of the defendant, said that
he would call his client, who did not commit this assault,
and also the uncle of that gentleman's wife, who really
did commit it. It would then be for the jury to say
which of the parties they believed, and find accordingly.
J. T. Woolley—l am a member of the bar, and live
in Ilalfmoon-street. On the morning in question the
uncle of my wife was on a visit to us. I did not assault
any one on that morning.
Cross-examined—My uncle was with me at that time.
I was served with the writ at the door of my house.
Hearing a noise in the street I went to my window, and
saw the plaintiff standing near the pavement. I did not
seo him on the ground. I received a letter from Mr.
Da Medina, but I did not reply to it. When I was
served with the writ, I said nothing as to my not being
the person who had committed the assault. I did not
hoar any swearing from either of the parties when I
heard the altercation Ong on.
Charles Benjamin Blayds —I am a gentleman. I have
been in the army, and live upon my means. I was on a
visit at my niece's, and committed the assault, as the
plaintiff has stated.
Cross-examined—Last night I slept in Conduit-street
West, the night before at the Craven Hotel, and the
night before that at East Cowes. I have no settled re-
sidence, but travel about. I live upon my means—rents.
I can't tell you what the amount is, as they vary each
year perhaps. I spend my time in smoking cigars,
walking about, reading the newspapers, and now and
then at a theatre.—(Laughter.)
Mr. HAITYINs replied, and
Mr. Baron MARTIN summed up.
The jury. gave a verdict for the defendant, adding,
that in their opinion the plaintiff was mistaken as to the
person.
Mr. Baron MARTIN thought so too.

INSOLVENT DEBTORS' COURT, Jan. 30.
(Before Mr. Commisioner LAW.)
THE ALLEGED CARD CHEATING AT BRIGHTON.—IN RE

GEO. PUDDY.
This insolvent, a boot-maker in Panton-street, Hay-
market, applied to be discharged.
Mr. Cooke (with whom was Mr. Dowse) opposed for
Mr. Robert Bignall, of the Argyll Rooms; Mr. Sargood
supported.
The case, which crested a good deal of interest, occu-
pied about six hours, and was not concluded till past
five o'clock.

The insolvent was procured by Mr. Bignall, being his
bootmaker, to be one of the bail for Charles Nottidge,
his cook, who was committed by the magistrates at
Brighton for alleged perjury in attempting to justify in
the case of Broome, Staden, and James, committed for
alleged cheating at cards in a matter which has been
frequently before the public. The insolvent was given
2501. by Bignall, and he went down to Brighton 9n
the sth of September last to justify, but was not
called, as the required notice had not been given,
and a Mr. Potter, the joint bail, justified in the
sum of 5001., and Nottidge was discharged.
The money was given to the insolvent on two occasions;
150/. by Bignall, and afterwards by a person ho sent
another 1004 On his return from Brighton the insolvent
the same night returned the 1004 given to him, and on
the following day (Saturday) called on Mr. Bignall
with Mr. Potter, to return the 150/, as wos supposed,
but he was not at home. On the Monday following,
being asked for the money, he declared that it had been
given to him to bo bail, and he kept it. Mr. Bignual
took the opinion of a magistrate, and waited on his t-
torney. A writ was issued on the 11th of September,
and served on the 15th of the same month. The insol-
vent pleaded to the action by Mr. Sill,. attorney, of
Tavistock-row (who was the attorney inthe prosecution
ea he
in the alleged card cheating case), a sp p
l
received
the money to swear falsely thatecial he was poi_
anked of 2501. On the trial in December neither the
plaintiff. Bignall, nor the insolvent was called. The
jury gave a verdict for 150/., and the costs were 591.
Tho isolvent being taken in execution by Bignall, peti-
tioned the Court, and was now heard. The disclosures
made were extraordinary.
On the part of Bignall, Mr. Anderson,pewrhsoonsnaiadmhede
was an artist in singing and painting, a
Byers, Mr. Potter, the insolvent. and Mr. Bignall_, and were
examined. The deposit of the money was proved,
that it was given as a( curity to the insolvent for becom-
ing bail, he having stated to Anderson, Byers, and
Bignall that be had property to the amount of 2501.,
after all his debts. The 150/ first given was not
returned, and the insolvent said it
for him to swear he was worth 2was a " present "
50/. He stated that he
had never said he was worth 2501. Before he was served
with a writ, he called on Mr. Sill, and asked him whether
he had a right to keep the money , it being given him to
swear he was worth 2501, and Sill told him he had an
undoubted right to keep the money. He asked Sill what
he charged him fur his opinion, and Sill said, " As you
have got the 1501. easily, my advice cannot be dear at a
guinea."—(A laugh.) Sill told him Bignall would never
go to trial, and said for 504 he would hold him harmless.
He had paid him 51/. out of the 1501., and the rest of
the money in debts he owed; and atter the verdict sold
some furniture. He said every " rap" of the money was
gone, and his trade was also gone. Since he had been
in prison he had signed the following certificate, at the
instance of Broome:—" I hereby certify that I, George
Puddy, was advised and persuaded by Richard Sill, so.
licitor, of Taviitock-row, to retain 150/, paid into my
hqnds'hy Robert Bignall, of Great Windmill-street, for
the purpose of bailing Charles Nottidge, and I gave the
said Richard Sill 501. out of the 150/, on the condition
that he would hold me harmless, and that he has not
done so. I, therefore, make this statement."
In the evidence of Mr. Bignall he positively declared
that the insolvent assured him ho was worth 250/. The
money was given to him as security, and he was to have
10/ for his trouble.
Mr. Sill was examined at some length, and admitted
that he had received 51/. from the insolvent. Ho had
made out his bill, which he new produced, and it
amounted to 854 18s. sd. It was a special jury, at the
instance of the defendant. Mr. M. Chambers, his coun-
sel, thought the plea was made out without calling the
defendant, Mr, Sill positively declared that ho never

undertook to hold the insolvent harmless for 501. or any
other money, and that the paper read, which had been
:47.,r.ea in prion, WJS Li:lt; tic. The insolvent paid him a
guinea for his advice, and he did not remember that he
had Odd him it was cheap at that anal, as he had got
the 1501. in a very evy manner.
Mr. COOKE contended that Mr. Bignall had been
robbed of the 1501., and prayed en exemplary judgment.
There was a clear breach of trust. The plea was most
extraordinary, and no attempt on the trial was made to
support it. The Learned Counsel said his impression
was that the insolvent had still the 150/., and had not
spent it.
Mr. SARGOOD, in his address, admitted that there
must be a judgment, but thought the opposite side were
not without blame, and not of so much respectability as
to be entitled to much consideration. There was no
doubt the money had all been spent.
Mr. Commissioner LAW gave judgment. Ho was of
opinion that a very dirty fraud had been practised by
the insolvent on Mr. Big-fiat!, with respect to the 150/,
had cheated him out of the money. He did not sup-
pose that when he eav Mr. Potter, on the day atter
they came from Brighton, that he meant to keep the
money. lie had been tempted by the devil to do so,
and unhappily for him when he waited on the attorney
he as cc: firmed in his mind. It was a very dirty
fraud—a breech of trust, and the defGnee was vexatious.
His Honour adjudged the insolvent to an imprisonment
of fifteen calendar months, at the suit of Bignall, for a
breach of trust and vexatious defence.

'

SHIP NEWS.
NOTICE TO MARINERS.
Lisbon, Jan. 24.
In consequence of a complaint made, the Directors of
Lighthouses have issued positive orders that hencefor-
ward the lights are to be lighted without fail at sunset
at all seasons of the year. That, in case of thick weather,
they are to be, exhibited earlier, according to the judg-
ment of the light-keeper; and further, that in foggy
days they are to bo kept permanently burning, as if it
were night.
GRAVESEND, JAN. 30.—Wind W.N.W., light clear
sky and frosty.
Arrived— w ilberforce, from llamburgh; City of Bou-
logne, from Boulogne; Waterlily and Lady Rebow, from
St. Michael's; Gerterius and Eleanor, from the Mauri-
tius; City of Rotterdam, from Harlingen; Devonshire,
from New York; Superior, from Jamaica; Plantagenet,
from Madras; Concordia, from Guernsey.
Sailed—Pursuit, for Havre; Flora Macdonald, for
San Francisco; City of Paris, for Boulogne; William
Jolliffe, for Havre.
VESSELS SPOKEN WITH.
Evangelist, from Liverpool for the River Plate, on the
27th of December, in lat. 4 N., long. 23 W.
Surinam, from the Clyde for Port Phillip and Sydney,
New South Wales, on the 27th of December.
Mona, from the Mauritius for Cork, on the 10th inst.
Madonna, of Liverpool, for Rio Grande. on the 24th of

, 1

November, in lat. 27, long. 39.
George, from London for Tobago, Jan. 6, in lit. 25 N.,

long. 37 W .
Express barque, for Savannah la Mar, Jan. 6.
Amity, from Mauritius for Queenstown, Jan. 3, in lat.
18 N., long. 31 W.
Gang(s, from Peru for Queenstown or Falmouth, Deo.

14, in lat. 3, long. 29.
Cuba, from Coquimbo for Swansea, off Cape Horn,
Ntivember 14.
Medora, from Jamaica for London, on the 24th inst., in

long. 14 W.
Cunningham brig, from Antigua for London, on the 23d

inst., in lat. 48 N., long. 11-W.
Old England, from Liverpool fur China, on the 11th of
December, in lat. 21 S., long. 30 W.
James, from Glasgow fur Tionduras, on the 6th inst., in
lat. 23 N., long 35 W.
Albemarle, from London for Adelaide, South Australiii9
Dec. 31, in lat. 4 N., lung. 21 W.
Nile, from Culija, for Cork, Nov. 11, in 19,t, 49 S.,
long. 82.
Brunswick steamer, steering N.N.E., Jan. 4, in Ist. 24
N., long. 32 W.
Brothers, fur Boston. Jan. 13, in lit. 42 N., long. 32 W
Plantagenet, from Madras for London, Jan, 22, in Ist.
21 N.
Elizabeth, from London for Domerara, Dec. 21, in Ist.
20 N., long. 37.
John Davis, from Liverpool fo' New Orleans, Jan. 5, in
lat. 29 N , long. 31 W.
Antelope, from Callao for London, Jan. 12, in lat. 37 N
long. 30 W.
Lady Macdonald and William Jardine, both from China,

in tho Java Sea.
Hashemy, from Plymoutt for New South Wales, Dec.
30, in lat. 5 N., long, 19 W.
Marie Julier, Jan. 8, in lat. 21 N., long. 33 W.
Black River Packet, for London for New South Wales,

Dec. 31.
Alice Maud, from Landon for Algoa Bay, Dec. 18, in
iaaht.a4m fro
8,
long. 28
W.
Graham, for London, Sept. 29, in lat. 16
N , long. 87 E.
Heinrich, Nov. 14, in lat. 27 S., long. 51 E.
Diligence, from Batavia, Nov. 17, in lat. 22 S., lorg•
42 E.
Jacqueline Elise and the General Chasse, Dec.l6, off
St. Helena.

SEABORNE MAILS-
[N signif es that tho mails are sent front the General rost-Ofneo
by the rigat—rid M by the morning—dispatch.]

When made up is From what Noon
PLACES. I General Post-office port die- duo.
London: patched.
America (by Brit. pkt.)N,Jan. 30 .. .. Liverpool .. Feb. 1
America (by U.s. pkt.) N Feb. 10 .. • . (Liverpool 4
America (by U.S. pkt.) AVM arch 3 .. Southampt. (Feb. 14
Africa (West coast).. Nl4Fs of the. month 'Plymouth Feb. 3
Alexandria* • • ...... N 19th & 30th of mo. Dover .. Feb. 16
Belgium .. • • • • NI Daily .. Dover .. Daily
Brazil .. . .. 3119th of the month Southampt. Feb. 16
Buenos Ayres .. M!9th of the month Southampt. Feb. 16
Califorrda(viaChogres)3l'2d & 17th of month Southampt. Fe.'. 5
Cape of (food Hope Nll4th of mo.ith Plymouth.. Arrived
Constantinople* .. •• N 7th 17th 27th of mo Dover .. Jan. 30
Central America M 2d & 17th of mon.Southampt. Feb.
Channel Isles N lion., Wed., & Fi;.lSoutkampt. int.Tlll.o"'
Chili Mll7th of the month Southampt. !Feb, 20
France &NlTwice daily .. Dover • • Tiviced"
Greece* N 7th 17th 27th of mo Dover .. Jan. 30
Hamburgh N Tuesday & Friday London .. Tues. Sat'
Holland IWednes. & Satur.lLonclon Moll.Thilr
Uonduras Nll7th of the month! Southampt. Feb. 20
Ireland .. 3181. NlTwice daily .. !Holyhead .. Twicedaol
India (via Southamp.) Ml2oth of the monthiSouthiumpt. Feb, 23
India (via Marseilles) NI iith& 24th of monthlDover .. Feb. 1
Mediterranean (via
Southairnton) .. 31,20 th of the monthlSOlithaMpt. Feb. 93
editert ..nean (via
Marseilles) N Bth& 24th of month'Dover .. Feb. 1
Mexico .. •• M2d of the month.. !Southampt. Feb.
Madeira • • • • .. 3i:9th of the month Southampt. Feb. 16
Malta* fl7th,ll th,l9th,27th
} Dover Jan. 30
( I & 30th of month
Naples* .. • • .. Nlsth 15th 25th ofmelDover .. Feb. 2
Papal States* N Illsj 15th 25th of mo IDover .. Feb. 2
Peninsular.. 3117th 17th 27th of molSouthampt. iFeb. 6
Peru .. •• • • NIII7th of the month I3outhampt. Feb. 20
Tuscany* • • N sth 15th 25th of mo Dover .. Feb. 2
West Indies .. 17th of the month (Southampt. (Feb. 20

Naples*
Papal States* ..
Peninsular..
Peru ..
Tuscany* .. N
West Indies .. M
West Indies (except
Havanna & Nassau) Mill of the month ..!Southaaspt.
* The mails to those c ountries thus marked (5) are convoyed .7
French packet via Marseilles.
The direct Havre mail from London via Southampton during this
month will be made up three times a week only, instead of daily
CALIFORNIA.—MaiIs to and from California, via the United riten
are now despatched and duo by every American packs*