The Sun.
London, England, 1837-01-26 00:00:00

IN RE WILTON AND CHAMBERS.

The ATTORNEY-GENERAi, made an application to the
Court in a matter arising out of Chambers's bankruptcy..
The Learned Couniel stated, that Mr. Wilton having
acted as attorney for Mr. Chambers in the attempts made
by him to establish the invalidity of the commission of bank-
ruptcy against him, obtained from him, in an early stage of
the proceedings, warrants of attorney to the amount of
11,000 t., 1,6001. for costs already incurred, and the remain-
der for costs which might thereafter be incurred. He after-
wards (in 1826, as we understood) received of Mr. Chain-
hers six bills of exchange for the sum of .5,8001., also for
costs. Proceedings were in 1831 taken on one of the bills
(1,0001.), and judgments had been entered upon the war-
rants of attorney. Mr. Wilton had been since these trans-
actions twice discharged under the Insolvent Act, the last
occasion having been within a few weeks only of the present
time. The claim of 16,000/. for costs still stood, however,
against Mr. Chambers, and it was sought to enfotee it. The
motion now made by the Learned Counsel was for the can-
colment of the warrants of attorney, and the delivery up
of the bills of exchange.
Rule to show cause granted.

COURT OF COMMON PLEAS, JAN. 25.
THE SKINNERS' COMPANY V. JONES.

This case came before the Court upon special argument.
This was a claim urged by the Skinners' Company against
the defendant, as the surety of a person of the name of
'Butler, for a debt of 2001. It was stated in the case that
the Skinners' Company were the managers of a fund which
had been raised for the purpose of assisting honest and
industrious tradesmen in embarrassed circumstances with
loans, at a low rate of interest ; that Mr. Butler had re-
ceived out of this fund the sum of 2001. that the present
defendant became his surety ; and that subsequently Mr.
Butler became a bankrupt. The question for the decision
of the Court was, whether the debt under the surety-bond
was proveable under the commission against the bankrupt.
The Court were of opinion that, in point of law, the
bond had been forfeited, and their judgment therefore
must be for the defendant.

SCOTT V. MILLER.

Mr. Sergeant WYLDE moved for a rule to show cause
why the verdict should not be set aside and a new trial
had. This was an action for money had and received,
which was tried before the Chief Justice at Guildhall, dur-
ing the sittings after last term. The plaintiff was the
owner of the barque Countess DinCmorc, of which the
defendant was captain on a voyage to .South America,
during• which the cause of action arose. The defendant
had pleaded a set off in the nature of primage upon the
freight ; but a verdict was found for the plaintiff for
125/. At the trial the plaintiff proved the receipt of cer-
tain sums for freight ; and also tendered in evidence a bill
of exchange for 137/., drawn by the captain on the plain-
tiff's agent, and payable at the house of the ship asents in
South America. But he submitted to their Lordships now,
as he had done at the trial, that this bill of exchange, drawn
at a place where the vessel necessarily touched, and where
it was proved that repairs had actually been done, and
stores supplied, was nut prima facia evidence to charge the
captain with money had and received. The next ground
upon which he moved was that the captain was by the cus-
tom entitled to a primage of five per' cent. on the
home cargo.
_ _

CHIEFJUSTICE—Let the rule go upon both grounds.

COURT OF EXCHEQUER, JAN. 25.
BELCIIER AND OTIIERS (ASSIGNEES) V. JONES.

This was an action brought by the plaintiffs, as assignees
of the Messrs. Lee, who had become bankrupts, to recover
from the defendant, the Secretary of the Phoenix Fire and
Life Insurance Company, the sum of 8,0001. alleged to
have been paid by way of fraudulent preference, or in con-
templation of approaching bankruptcy. The Jury, upon
the trial, returned a verdict in favour of the defendant, to
set aside which, and proceed to a new trial, a rule had been
obtained, which was argued at great length a few days ago,
when the judgment was postponed.—Rule discharged.

COUNTY CO.URT, KINGSGATE-STREET, JAN. 23.

A FULL-GROWN MIDSHIPMAN.--ROBINSON V. ADOL-
PHUS lIENRY FITZPATRICK.—The defendant in this case
was a full-grown midshipman, and completely answered the
description given by Sir Jonah Barrington of the sucking
Irish Barrister Connaughty. He was about six feet two
inches in length, and nearly three feet across the shoulders ;
his hands and feet were splayed, and his body appeared slit
up two-thirds of its length, as if nature had originally in-
tended to have made twins of him, but finding his brains
would not answer for two, relinquished her design ; his
complexion was fawn-coloured, and spotted by two curious-
looking red eyes, well intrenched in his head, and guarded
by a thin chevaux defreisc of curly eye-brows ; his mouth,
very similar to a John Dory's, extending very nearly from
car to ear, and disclosed a goodly array of whitish tusks,
the various height and distances whereof gave a whimsical
variety to that feature, though his lank countenance was
terminated by a chin which might upon a pinch have taken
an interview with his stomach, still there was quite enough
of him between the chin and the waistband to admit
.space

for a waistcoat without much y .
ing youth was a midshipman, was sue Bs. • 7
balance owing for his mess to and from:. ;7\
Master Adolphus was mamma's pet bitilr '.d. t
said to be for " luxuries." -•1!
•) COMMISSIONER—Pray, was this (44kozilf•
Majesty's ships ? Sirik -;
Trader ; as Mr. Fitzpatrick's mother Is
his health, she bargained that he should ur
for which the mess was to be paid 521. lbs.' ' q1;411'
that had been paid amounted to but 511., and in considera-
tion of his enormous appetite, the remainder was sued for
in justice to the mess.
COMMISSIONER—Pray what luxuries do you allu le to ?
Plaintiff--Oh, Sir, long before the ship had got out of
soundizurs swallowed about ten jars of pickles. The
steward eould'a keep a bit of cheese, and every loaf of
lump sugar was eibijed ; and long before they doubled ..
the Cape he'd svvalloleed every drop of sweet oil.—(Consi-
derable .laughter.) The' fact was, he knawed.:his way
throUgh every thing, and was the terror of the whole ship's
company., • •
COMMISSIONER—Did he ever go aloft? Plaintiff—No,
Sir, he could always reach what he wanted, and the Cap-
tain Was loth to strain the standing rigging any more than
•he could help.—(Laughter.)
COMMISSIONER—Upon my word, he teas any thing but
a profitable hand. Whar do you say to this, my little boy ?
—(Laughter.)
Defendant (with the utmost expression of boohyism)—
Sir, my ma'a says she ivon't pay a farthing more, that she
won't. I never got enough to cat ; and as to luxuries, I
can 'sure you, on my honour, I had neither pies, tarts,
nor puddings, all the while I was at sea—and I certainly
don't mean to go again.—(The Court was convulsed with
laughter.) •
The Jury ultimately decided that Master Adolphus Fitz-
patrick's mamma must pay the 'amount sued for; with ss.
6d. costs ; and the little sailor-boy quitted the Court in
high dudgeon.
horse doctor, named Johnstone, summoned a horse-
keeper for payment for medicalattendance on a mare which
had been_dangerously ill, and which, by the judicious exhi-
bition of drenches, balls„ and bleeding, had become per-
fectly convalescent.
COMMISSIONER—Pray what was the matter with the
horse ? Plaintiff—lt had the influenza, Sir.—(Laughter.)
Defendant—Now that's a reeler good un. Now were
d'ye think; my oss could get rich a complaint? Vy you might
as well say as how it had the scarlet fever.
Plaintiff The horse was very ill, and you know very well
I saved its life.

Defendant—l don't know no such a thing, and I shan't
pay you nothink.
COMMISSIONER—YeS, but you will ; pay it in a month,
Sir.

Defendant—l'll see you -- first. I'll go to prison first.
CommlssioNEß—Oh, very well ; then we'll bring the
matter to an issue at once. Pay it directly; Sir, or an exe-
cution shall be issued immediately.—{Laughter.)
Not relishing the idea of going to prison so speedily, the
defendant paid the amount forthwith.
CONSERVATIVE PRI NCIPLES.—A sturdy little Radical,
belonging to the parish of St. Andrew, Holborn, the pro-
prietor of a beer-shop, was summoned by a tailor, named
Scott, for 12s:, for work and labour done, converting an
old coat into a new jacket for the boy, And, a new waistcoat
for the father. The case assumed a thoroughly politiqal
aspect. _

COMMISSIONER (t 0 defendant)—Do you dispute the debt?
Defendant—l should think so. I only 'greed for 10s., and
this 'ear tailor charges 12s.
Plaintiff—Look at the cut. I've made the waistcoat on
Conservative principles.—(Laughter.)
Cbm MlSSlONER—Conservative principles—how's that

Plaintiff—Why, Sir, I means respectable!
Defendant—And I didn't want none of it. I'm known
werry well, and you hort to have made my wcstkitt like this
'ear. I don't want to be respectable.—( Laughter.) I gits
my living by 'ard vork !
The tailor assured the Court that he had translated a
very old and greasy coat into a most excellent waistcoat and
jacket ; and if the garments were too respectable, he was
perfectly willing to alter them, and make them look as much
like the Radical principle as possible.—(Laughter.)
The Jury ordered the sum to be paid immediately.
SNEEZINq.—The prevailing epidemic sadly interrupted
the business of the Court on Monday. During the whol
of the day nothing was heard but a continued sneezing
and pale faces and pocket handkerchiefs were the order
the day. Upwards of forty cases were adjourned through
the illness of plaintiffs and defendants ; and many of those
‘vho came to the Court in good health, quitted it with' the
foundation of severe colds. A few sacks of sawdust
strewed over the Court would have prevented much of the
illness that must necessarily arise from standing so many
hours with wet feet. The numbers of poor drooping wonica
and children formed a truly pitiable scene.

POLICE INTELLIGENCE.

QUEEN-SQUARE.

John Bush, a private in the Grenadier Guards, was yes-
terday charged with a brutal assault on his sister-in-law.
The complainant, whose hand was bound up, and whose
face and person exhibited marks of the injuries she had
tained, was accommodated with a chair. She was a middle-
aged woman and appeared enceinte.
Mr. Gr.EnoarE inflicted the full fine of 51., or two months
hard labour in default of its payment.