The Sun.
London, England, 1864-12-10 00:00:00

Mr Dodd appeared for the plaintiff, and Mr Butler Rigby
for the defendant.

According to the instructions handed to the attorney for
the plaintiff, it appeared that on September 15, 1 862, Mrs
Gardiner was found dead in her room in Northumberland-
alley, Fenchurch-street, and on the 24th the husband paid
Plaintiff £5 on account of the funeral expenses. On the same
day Gardiner was arrested for the murder of his wife.
Upon the trial Gardiner was convicted and cast for death, but
upon the day appointed for his execution he was reprieved.
Mr Dodd called the plaintiff, who said—l am an under-
taker. I agreed with Gardener to bury his wife for £23,
and he paid me £5 on account. I saw defendant, who pro-
mised to pay me the balance.

Mr Butler Rigby—Now do not say that, because it is
not so.

Mr Dodd (to plaintiff) —Who is the defendant ?
Plaintiff—Ho is the stephon to Gardener. Ho had all
the property left by Gardener. It was agreed that he
should pay me.

Mr Dodd—Was the agreement in writing ?
Plaintiff--No, it was not in writing, but I have a witness
who will prove all the conversation.
Mr Rigby—l wish to call your Honour's attention to the
fact that there was no promise in writing.

His Honour—There is an act called Lord Tenterden's
Act.
Plaintiff—l can state that when Gardener was taken he
loft a great deal of property behind him, and his stepson
(Davis) had a long conversation, after which it was agreed
that detendsmt should pay the £8 balance.
Mr Rigby—We deny it.
Plaintiff—The stepson had all the property.
Mr Rigby—Now, really I cannot allow this to go on.
His Honour—You do not sue defendant as executor de
son tort.
Mr Dodd—Oh no, he is not dead.

His Honour—ls Mrs Gardener dead ?

Mr Rigby—Yes, sir ; the facts are these. Gardener was
tried and convicted at the Old Bailey for the murder of his
wife. He was reprieved and is now in prison during her
Majesty's pleantro.
:His Honour—How is this, Mr Dodd ? The man is still
alive.

Mr Dodd (who was holding the brief for Mr Ring (Wood
and Ring) I cannot carry the case any further.
Mr Rigby—There is no case.

His Honour—l had better nonsuit you, Mr Dodd, because
at some future time you could come again.
Plaintiff was then nonsuited with costs.

MELANCHOLY OCCURRENCE,—On Saturday night
last Mr Henry Kirkby, of Underbarrow, and Mr Robert
Deere, of Lyth, left Kendal to return home, after attending
the market. Both resided at a distance of four or five miles
from Kendal on the other side of the steep limestone ridge,
known as Scout Scar and Cunswick Scar, which separates
Kendal from the valley of Crosthwaite, Lyth, and Under-
barrow. They were well-to-do farmers living on their own
estates. The night was dark and stormy, and floods were
out in all directions on the low-lying lands below the Scar.
Mr Kirkby, however, never reached that point; Ho was
found on Sunday morning lying dead near a limekiln not
many hundred yards distant from Kendal. Apparently
ho had fallen from the top of the limekiln, and so been
killed, The kiln was not burning, but some limo where
he had fallen had had sufficient heat to burn his clothes in
some places. It is supposed that the deceased and his com-
panion had been taking a short cut from the end of the
town into the Underbarrow-road. This path traverses the
quarries and the ground whero the limekilns are situated,
and it is probable that Mr Kirkby mistcok his way in the
darkness, and so fell over in front of tho kiln. Mr Duero
appears to have been heard of last at the Punch Bowl Inn,
Underbarrow, about a mile and a half from his own house.
He stated there that he had lost Mr Kirkby, ho did not
know how, and was urged not to go forward, as the mosses,
across which a portion of his way lay, were flooded. He,
however, declined this advice, and has not since been heard
of. There can be little doubt that the unfortunate man was
drowned on the moss, and his body perhaps be carried
by the swollen stream of the Underbarrow pool and river
Gilpin past his own house to the sea at Milnthorpe sands,
Morec Bay.--/Ifan ekes/et Courier.

A NEWSBOY'S Lucx.—The pickets of the Army
of the Potomac, says the New York Times, captured
a little rebel newsboy a few days ago. The boy was a very
young and diminutive personage, and his capture caused a
good deal of amusement. The little fellow has just been
sent back, much to his satisfaction ; when he was again
taken outside of our lines:by Lieut.-Colonel Osborne, of
General Crawford's staff, no one was visible. After waiting
impatiently for some one from the rebel lines to make their
appearance, the colonel set the urchin on a stump and re-
traced his steps. He had not gone far when the boy got
down, and scampered away for his friends' lines as fast as
he could. He is no doubt a groat man now in the rebel
camps.

A pamphlet by M. Isaac Pereire, entitled "La
Banque de France et Organisation du Credit on France,"
was published yesterday. It contains 216 pages, and almost
forms a volume. M. Pereire concludes that a searching
investigation is necessary.