The Sun.
London, England, 1837-04-10 00:00:00

LONDON, MONDAY EVENING, APRIL 10, 1837.

LAW INTELLIGENCE.

COURT OF CHANCERY, APRIL 8.
FLOWER V. MARTIN.

The LORD CHANCELLOR delivered his judgment in this
case. He entertained no doubt of the jurisdiction of the
Court, and his decision would be guided by the evidence of
the two gentlemen who were the mutual friends of the fa-
ther and the son. The question was, whether the advance
was made in the ordinary way of relationship, or for the pur-
pose of constituting a debt ; no doubt the taking a security
imports, in the first instance, an intention to be repaid, but
this sight be rebutted. It was clear that it was not to be
considered as a debt to all intents and purposes, but as a
means of controlling the son's conduct. The referees had
six years allowed them, during which they have cancelled
the bond, and if they ought to have done so, that was quite
enough to entitle the Court to relieve the obligor. It was
clear that the conduct of the son .was such as to give satis-
faction to his father, and for twelve years after the date of
the bond, and six years after the control of the referees over
it had ceased, no proceedings had been taken upon it. For
these reasons, he was of opinion that the plaintiff was en-
titled to have the bond delivered up to be cancelled.

INSOLVENT DEBTORS' COURT-APRIL 8.

George Shillibeer, the omnibus proprietor, was opposed
by Mr. Thomas Deane and Thomas Saundars Cave, Esq.
The Court held that the point contended for in Mr. Dearle's
opposition, viz., a vexatious defence to an action for rest of
premises, was not tenable. The opposition on the part of
Mr. Cave was to remove from the schedule what were al-
leged to be libellous statements, the insolvent having in his
description stated that he was supposed to be in partnership
with Mr. Cave, who claimed to be his agent. He had been
arrested by that gentleman for 6501., which claim he dis-
puted. His debts amounted to between 4,000/. and 5,000/.,
including the sum for which he bad been arrested. He
ascribed his insolvency to Mr. Cave, who had promised
not to call on him for the money if the concern be em-
barked in failed.

From the mass of evidence adduced it appeared that Mr.
Cave purchased a considerable property in the Old Kent-
road for 7,900/. and, being anxious to let some warehouses,
the insolvent was introduced to him, and he offered to assist
him to the amount of 1,0001. or 1,500/. The insolvent
said he should build omnibuses, and run them on the Green-
wich road ; 1,500/. was advanced, and Mr. Cave went on
advancing till May, 1836, to the amount of upwards of
8,000/. A number of letters were read, written by the in-
solvent to Mr. Cave, in which he expressed his gratitude
for his kind assistance. In the last year Mr. Cave gave a
check for 500/., to be advanced to insolvent, to prevent an
extent at the suit of the Crown for arrears of duty, and
took a promissory note from insolvent for 3,900/., and a
cognovit on his property, which he then estimated as worth
about 4,0001. Further loans were subsequently made, and
Mr. Cave, who was examined, said Mat he never should
have arrested the insolvent had he not annoyed him with
threats to extort money and expose him. His only object
was to remove the libellous statements from the schedule.
No man should exceed him in kindness, but he never would
yield to extortion.
After hearing Counsel on both sides,

Mr. Commissioner HARRIS said that the schedule must
be dismissed, and a fresh order for hearing granted, so that
the creditors could see the true state of the case.

ASSIZE INTELLIGENCE.

NORFOLK CIRCUIT, NORWICH, APRIL 7.
SENTENCE ON THE DENVER MURDERERS.
Mr. Justice COLTMAN, on taking his seat this morning,
ordered the above unhappy men to be placed at the bar.
This' being done, his Lordship proceeded in the most so-
lemn and feeling manner, to pass the last sentence of the
law upon them, holding out to them not the most remote
ground on which to found any hope of mercy here on earth.
The law had been most atrociously and unnecessarily in-
vaded in their persons, for they had sought for a victim of
their lawless ends in an innocent and harmless old woman,
who could not have offered any resistance to the gratifica-
tion of the mere purposes of plunder. During: the whole
time thus occupied all the prisoners preserved an air of the
most unconcerned indifference, leaning over the bar at which
they stood as if nothing particular was going on. At the
conclusion of the sentence Timms, who is a most ruffianly
looking-looking fellow, said " Well, my Lord, though we
suffer for it in this world, we shan't in the next ; " while
Smith insisted on having a waistcoat and handkerchief
given up to him which had not been produced yesterday.
Varnham, however, whose personal appearance was less
offensive to the eye than those or his companions in crime,
and who was called by several of the witnesses " Jock with
the long hair," behaved in a more subdued manner ; and it
is to be hoped that in his case, at any rate, the well-timed
admonitions of his Lordship will not have been altogether
thrown away.

It is said that the county will have been put to an ex-
pense of more than 5001. in bringing these villains to jus-
tice. It is expected that Timms will " let out" a great
deal, as he seems inclined to be communicative, and has
already told the gaoler's daughter that he had very nearly
" cut his own throat once on a former job," at the same
time showing his scarred neck.
BURGLARY.—Wm. Baker, aged 25, was indicted for
having burglariously entered the house of Bridget Rix, at
Blofield, in this county, and with having stolen various arti-
cles and money therein, on the night of the 25th of March,
1835.

Mr. MALTBY, for the prosecution, called ;N itnesses to
the following singular facts :
The prosecutrix, who is a buxom widow, " fat, fair, and
forty," deposed to her having been aroused in the dead of
the night by the appalling vision of a man in dark apparel,
who had a candle and lantern in one hand, with which he
knocked her toes to wake her, while he held towards her
head a cocked pistol in the other. Terrified out of her speech,
a fe.► minutes elapsed ere she spoke, or even awoke her
daughter, who was sleeping with her ; at length she
summoned up courage to ask what his pleasure might be ?
Money," quoth he, " and money I will have ; so give us
your purse." Resistance being useless, and only likely to
lead to worse consequences, the trembling lady delivered to
him, with an aching heart and a sigh, her pockets. This
the stranger eagerly snatched from her, and, plunging his
brawny fist into their depths, as quickly flung them away,
exclaiming, "'Why, there's only an old knife and some cop-
pers !" Anxious to avert the coming storm, for he had
cocked his pistol as he spoke these words, Miss Christmas
Rix rose from her recumbent posture, and, clasping her
hands, besought the maraud& to spare her mother's life,
and that she would give him her purse. " Very well," said
he, " give it." No sooner said than done ; the purse found
its way into his outstretched hands, and, though his face
was carped, and otherwise blackened, poor Miss Christmas
could see his eyes glisten as he counted her four bonnie
golden sovereigns, besides many other gentlemen of less
degree, all of which ha successively bundled into his
pocket. " Any thing more ?" said their inexorable friend.
" You've got a watch, I know ; give it up I" At this
almost supernatural exhibition of an intimate acquaint-
ance with their possessions a cry of grief rose from the
beleaguered dames. Once more did Mrs. Rix meditate a
trick upon the man, but the click of his pistol almost threw
her into a fit. Up jumped Miss Christmas then, and a
second time averted the progress of crime. Stretching
across the bed, she ferretted her tiny hand among her
clothes, which were lying on the chair by the bedside, and
drew forth a golden watch and appendages. At sight of
this the man said " Ah !" as if he was satisfied at his night's
work, and, seizing hold of the treasure, stalked majestically
from the presence of the ladies, who, very wisely, instantly
got up and locked the door.—The Jury fuund the prisoner
not guilty.

After hearing evidence, the Jury then gave their verdict
—" We find it a libel." Judgment will be given in the
Court of King's Bench.

SATURDAY.
JACKSON V. JACOB.

This was an action to recover:compensation in damages
for the non-delivery of certain shares in the Great Wes-
tern Railway Company.
The jury found for the plaintiff.—Damages, 412/. 10s.
(the sum claimed.)

ADDY V. GARRATT, CLERK.

This was an action for damages for a breach of contract
in the defendant removing his wife from the lodgings of the
plaintiff at Southport, without having giveb the stipulated
notice.
Verdict for the plaintiff.—Damages 10/.

BRUSSELS AND GERMAN PAPERS

BRUSSELS, APRIL s.—Average prices of wheat and rye,
during the last week of March (from Monday, 27th, to Satur-
day, Ist April, inclusive) :—Wheat, 1,586 f. ; rye, 1,060 f. per
hectolitre. Import duties, 3,750 f. and 2,150 f. per 1,600 kilo-
grammes.
The Chamber of Representatives met yesterday. It was
resolved, on the motion of M. Dumortier, that a deputation
should wait on his Majesty, to congratulate him on tie birth of
the young Prince.
The Minister of Finance gave a succinct statement of the
state of the Treasury; he pointed out the measures to be taken
to meet the additional rate of credit for the War Department,
and presented a project of law for the reduction of the import
duty on spirituous liquors.
APRIL 4. —The Prince de Polignac landed at Ostend yes-
terday.
BELGIAN I. UNDS—Bayssms, APRIL 8.
Actual Debt, 254 per Cent.
Rothschild's Loan, 5 per Cent. lOO%,
Loan of Thirty Millions... . . ............ DI 54
Iran of City, 1832, 4 per Cent..
Society of Commerce, 45iper Cent l3l
Bank of Belgium, 5 per Cent l3-2

. .
Brussels Papers, April 9.
DUTCH FUNDS—AMSTERDAM, APRIL 7.
Money. Bills.
Actual Debt, 2% per Cent
Ditto, ditto 5 per cent.
A mort Syndic, 4% percent. 93% 94%
Ditto, ditto, 3% per cent. 76% 76%
Commercial Company, 4!;, per cent 18254 183
Ditto (1832 and 1833) 5 per cent.
Exchange on London, One month l2 (5
Two months
AUSTRIAN FUNDS—VIENNA, MARCIi 31.
Five per Cents. Metalliquec
Four per Cents.
Three ver Cents.
Bank Shares 1386%
—Allgemeine Zeitung, April 4.