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

THE SUN,

VICE-CHANCERY.-(THIS DAY.)
(Before the Viee-Chatwelior

GRAND 'TRUNK RAILWAY COMPANY V. BRODIE AND

OTHERS.

In this case, in which an objection was taken yester-
day on the part of the clefendant4 by Mr. bolt and Mr.
Selwyn to the reading of the deposition, on the ground
that they were informally tak(-n, the inttrrog.tories
being headed In a cause of the Grand Trunk li:ilway
Company v. Brodie and others," naming them, but
omitting the 1111110 of Harman, one of the defendants,
The VICE-CLIANCELLOR, on taking his seat this
morning, said that he had come to the conclusion that
the objection was a good one, and the depositions were
in their present form inadmissible.

Mr. STUART, Cu behalf of tie plaintiff, suggested that
the course most just sand fair for the plaintiff would be
to allow him to amend tha title of the interrogiAories,
and to re-swear the witnesses, most of whom were close
at hand, and could be sworn in the course of half an
hour. The defendants would even then be no worse off,
for they would apply on motion for leave to suppress
the depositions atter the alteration had been made.
Mr. BOLT, for the defendant Brodie, had no objection
to the course suggested by his Learned Friend, provided
that the order of the Court included the payment of the
costs of the hearing of the other side. he should also
require that these costs should be paid by the official
manager out of his own pocket, otherwise if they were
paid out of the estate it would in fact be the defendants
who were paying them.
Mr. STUART had no objection to pay the costs of the
day, and be would undertake, on behalf of his client, that
the estate should not be diminished by the payment of
these costs so far as the defendants' interest therein was
concerned.

After some further discussion, it was ultimately ar-
ranged that the plaintiff should have leave to amend the
lettrr of the interrogatories, and to re•swear the wit-
nesses, on condition of his paying the costs of the day,
fixed at 50L; and the hearing of the suit then to go on
as before.

(Before Vice-Chancellor PARKER.)
HARRISON V. GOODALL.
In this suit an application had bean made yesterday
by Mr. Chandless, who stated that an infant a ward of
the Court, having some time ego been apprenticed for
five years, had recently enlisted himself in th© 60th
Rifles, which regiment had been ordered to the Cape,
and was about to sail there in a few days. The guar-
dian of the youth had expressed his willingness to pur-
chase his discharge, but he had expressed his deter-
mination if bought off to re-enlist at the earlist oppor-
tunity. The Vice-Chancellor then suggested that the
hearing of the case should be taken in his private room,
when the ward and his guardian should attend. This
morning the young man appeared in the private room of
the Vice• Chancellor, in charge of an orderly sergeant of
his regiment.
Mr. CIIANDLESS said that he should relinquish his
intention of applying for a writ of habeas corpus, as he
thought that as the young man was a ward of Court, the
Court had power to deal with him without such autho-
rity. lie should therefore merely ask the Court to make
an order in the matter.

The VICE-CHANCELLOR said that he thought there
would be no occssion even for this. Addressing the or-
derly sergeant, he begged him to acquaint his commanding
officers that the young man, being a ward of the Court of
Chancery, no person had a right to transport him out
of the country, or deal with him in any way except by
permission of the Court, which must be obtained in the
usual way, either by motion or petition.
We understand that to-day was fixed for the de-
parture of the detachment to which the young man be-
longs, and but for this application ho would now have
been on his way to the scene of war in Kafraria.

EXCHEQUER.-(THIS DAY.)

SAINSBURY V. PARKINSON.

This action was tried before the Chief Baron at the
last sitting, in London, when a verdict was found on the
principal pleas for the defendant.
Mr. CROWDER now moved for a rule for a new trial
en the ground of misdirection. The cleheidant was sued
on a promissory note fur 1001, of which he and two
others were the juint makers. The defendant pleaded
that he did not endorse the note, and that a fraud was
committed by Smith, one of the parties to the note, for
the purpose of core
polling him to pay the amount. It
appeared that Smith was desirous of his name not ap-
pealing in the action, and he went to the plaintiff, who
is an extra clerk in the State-paper Office, and asked per-
mission to he allowed to mal:e him the nominal plaintiff.
This the plaintiff consented to do, and the action was
brought iu his name.
Tne CHIEF BARON said the plaintiff was called at
the trial, and he stated that he allowed his name to be
used, bat that the bill was neither endorsed to him be-
tore the notion nor at any other time; and that he had
nothing to do with the costs.
Mr. CROWDER contended, however, that such evidence
did not render the plaintiff incapable of bringing the ac-
tion and maintaining it.
Mr. Baron MARTIN observed that there was an action
in which the circumstances were
precisely the same,
where Mr. Baron Rolfe, and afterwards the Court, held
that the plaintiff had no property in the bills, so as to en-
title him to sue upon them.
Mr. Baron PARKE said that in order to sustain an ac-
tion, the plaintiff must have the bills endorsed over to
him and delivered to him. In this way the property in
the bills legally passed to a party.
The COURT said it would grant a rule for a new trial,
unless defendant would consent to a nonsuit being en-
tered.—Rule granted.

SECONDARIES.—(THIS DAY.)
There was only one case, Stace v. Gay, on a bill of
exchange. The defendant had pleaded that he did not
accept the bill, and was not indebted on the count for
goods sold. With respect to the first plea, the defen-
dant had adm tted his signature to the bill.
The plaintiff's Solicitor put in the Judge's order,
and submitted that he was entitled to a verdict.
The Learned Secondary (BoTTEn) said, some evidence
ought to be given on the account stated.
The Solicitor said that Mr. Baron Martin had held
that it was not necessary.
The Learned SECONDARY said it had been the prac-
tice to adduce evidence.
Plaintiff's Solicitor said that the Learned Judge
bad decided on a precisely similar case, whore the count
for goods was merely to cover the bill. The plaintiff,
of course would only take a verdict for the one amount.
A verdict was entered accordingly.

GUILDHALL.-(THIS DAY.)
Messrs. Rolfe and Lyons, lately umbrella and parasol
manufacturers in Cripplegate-buildings, were placed at
the bar for fraudulent proceedings under a bankruptcy.
It will bo remembered that the bankrupts had, under
certain circumstances which appeared at the time to be
justifiable, earl• in October last purchased a quantity of
goons of Messrs. Pawson, wholesale drapers, of St.
Paul's Churchyard.
On the application for the fiat, a complaint was made
that the goods were purchased when the bankrupts knew
themselves to be in a hopeless state of insolvency. They
were, therefore, charged under the sections of the Bank-
rupt Act, und after much testimony had been received,
the depositions were taken for their committal to Newgate.
There was an immense attendance of perLons of the
Jewish race, as well as others who are actively engaged
in this business.

BOW-STREET--(THIS DAY).
Four young men of respectable appearance applied to
Mr. Jardine for assistance or advice under the following
table
circumstances:—.ln consequence of advertisements offer-
mg employment to respec young men of good edu-
cation, each of the applicants was induced to wait upon
the advertiser, Mr. Charles Williams, at chambers
in John-street, Adelphi, and, after m
tion, he undertook to find each an adequately negotia-
tion, remune-
rated employment within seven days, upon the condition
of being pad 101. down. This condition was readily
complied with. Before the fulfilment of Mr. Williams's
engagerunt ho disappeared: from the offices in the
Adelphi. But yesterday he was traced to a house in
the neighbourhood of Golden-square. The applicants
went there last evening, when they were told that he had
just taken his departure for Scotland.
It was stated by one of the police officers, that Mr.
Charles Williams was one: of the company who carried
on a like business of agency some time ago, under the
Williams, and Co., and being convicted
nofv.myreasutdif, Stanley,
arising
out of transactions such as those now
charged against Williams, were sentenced to various
terms of imprisonment.
Mr. JARDINE said that Williams had very recently
completed a term of six months' imprisonment for obtain-
ing money under false pretences. lie (the Magistrate)
could give the applicants no further assistance at present,
than to advise them, if they should meet with Williams,
to give him into custody, when the matter could be fur-
ther inquired into. But he feared that there:was very
little chance of their obtaining any other redre,s.

C LERKEN WELL.-(THIS DAY.)
Charles and Louisa Morton, two respectable-looking
persons, were charged with having made a disturbance
last night at the Sadler's Wells Theatre, and with having
committed an assault on the police.
A policeman of the G division stated that last night,
about half- past ten, he observed a large mob of persons
assembled round the pit entrance of the Sadler's Wells
Theatre, and upon going up be saw the mate prisoner
behaving in a most violent manner. He asked him to go
away (piety, but ho refused, and finding remonstrance of
no use, he took hold of him, when his wito rushed up and
struck him a violent blow in the face. In the course of
the struggle his hat was knocked off and was kicked
about and very much injured. He did not think the fe-
male was drunk, but very much excited.
The constable of the Sadler's Wells Theatre eaid the
male prisoner during the performance was making a
great disturbance, and violently assaulting his wife. He
was very drunk; and finding lie would not be quiet he
turned him out, when the policeman coming up the wife
rushed at him and struck him.
The male prisoner, in defence, said lie was very drunk,
and hoped the Magistrate would look over it.
Mr. Courtin stated that he should fine the male pri-
soner 53., and the female, for the assault on th© con-
stable, 1/.

Afr.er an appeal from the prisoners, the fine on the
female was reduced one hall.—The fine was paid.

" LET UER BE." —A Detroit mercantile gentle-
man, who was travelling eastward a short time since, went
to the clerk of one of the Ontario boats to be shown to his
state-room, The clerk handed the applicant a key, at the
same time pointing to a door at some, little distance, marked
" B." Our friend went in the direction indicated, but
opened the next doorto his own, marked " A," where he dis-
covered a lady passenger making her toilet, who, upon the
strcnger's appearance, uttered a low scream. "Go away !
go away !" screamed the lady. " Letter 13," yelled the
clerk. "I am not touching her at all!" shouted the indig-
nant merchant.—Gateshead Observer.

LONDON,

THE BRAZILIAN MAIL.
SournAMPFON, THURSDAY.

The Tay steam-ship, Captain Chapman, with the
Brazilian snail, has just arrived. She brings mails,
and dates from the following places :—Buenos Ayres,
Dec. 3 ; Monte Video, Dee. 6 ; ltio Jantiro, Dec. 15;
Lisbon, Jan. 11. The Tay brings four hundred
pounds of golddust, fifteen thousand pounds
worth of diamonds, a tolerable freight list, and
thirty-five passengers. We learn by this arrival
that General Urquizs was to cross the Parana on the
15th December, to commence hostilities against
Roses. Resas had collected an army of 30;000 men.
The Brazilian army was encamped near Monte Video,
but had not fired a shot. Treaties had been concluded
between the Brazilian Government, defining the
boundaries of the two countries, and binding to assist
each other in case of attack. Exchange at Rio, 28
premium. From Lisbon there is no further news of
importance. The rainy season had set in.