The Sun.
London, England, 1837-03-03 00:00:00

the positive instructions of the appellant to Macleay to surren-
der up the office, he continued to receive and pay money till
August, 1797. The appellant made frequent applications to
Mackay for a statement of the accounts between them, as a
large sum belonging to him, both in his official capacity, and
arising out of mercantile transactions in which he was en-
gaged, were received by Mackay, but no satisfactory state-
ment could be procured. Matters thus went on till 1824,
when in consequence of the death of one of the parties im-
plicated, some papers came into the possession of the appellant,
by which he ascertained that large sums belonging to bins
had been misapplied, and a system of trading carried on
with them to the personal protit of Kenneth Mackay. In
consequence of these discoveries the appellant commenced
an action against the respondent, and claimed a balance of
28,0001. The respondent died in 1826, and further documents
came to light after the action bad been brought, but the Court
restricted its judgment to certain special transactions between
the parties, on the ground of the delay that had taken place,
and the apparent acquiescecce on the part of the appellant.
Ele ( Sir P. Pollock) would be able to establish to their Lord-
ships beyond doubt, a case of fraud, misrepresentation, and
deceit upon the part of the respondent on the estate, and if
he did that, he contended that no length of time could possibly
be any bar to the inquiry that ought to take place. No case
had ever come before a Court ofJustiee that more clearly showed
the propriety of the principle which prevented any length of time
• being considered as an acquiescence in fraudulent accounts.
The nature of the circumstances, the character of the fraud,
and the course that gave rise to it, being all during that period
utterly unknown to the person who now complained of the
fraud. This, he believed, would be the question ultimately
fur the consideration of their Lordships. The Learned Coun-
sel then proceeded to detail the nature of the transactions, and
the various correspondence that had passed between the par-
ties during the period referred to. The Learned Gentleman
had not concluded his statement when we went to press.
Counsel for the Appellant, Sir F. Pou.ocx and Mr. Br-
CHANAN. For the Respondents, the ATTORNEY-GENERAL, Sir
W. FOLLETT, and Mr. M‘NEIL.

CRIMINAL COURT-(THIS DA Y.)

OLD COURT.

(Before Justices PARK,BOSASQUET, and CoLTmAN.)
Christopher Morrison, the keeper of the South Metropo-
litan Cemetery, was charged on the Coroner's Inquisition
with the manslaughter of Emery Haywood, by shooting him
in the back.

The evidence showed that the deceased was employed as a
labourer in the cemetery. On the night of the 28th of
January, the prisoner was on duty as keeper, when he saw
some one in the grounds. He went out, and the person who
was there ran off. He followed, and when about the limit of
the grounds a pistol which he had either was fired or went off,
the consequence of which was, that the deceased received
eleven small shot in the back. The prisoner took him home
and told his wife not to let him out at night, and he would
avoid such accidents. The deceased was off work for a few
days, when feeling better, he went to work. He got worse.
Tetanus ensued, and the man died in three weeks. During
the whole time he lived he never complained of the conduct
of the prisoner. A Coroner's Inquest was held, and a verdict
of Manslaughter returned against the prisoner. He was
taken before a Magistrate, who thought the case so slight
that lie allowed the prisoner to go at large upon his own re-
cognizances.

'Mr. C. PHILLIPS addressed the Jury for the prisoner. He
urged that all the circumstances of the case showed that the
unfortunate circumstance arose from pure accident. The Grand
Jury had thought so, and from the conduct of the Magistrate
it was clear that he also was of the same opinion. Besides,
the conduct of the man in coining forward and taking his trial
was a proof of a clear conscience.
Several Gentlemen from Camberwell and Streatham gave
the prisoner a most excellent character for humanity.
Mr. Justice PARK summed up, and the Jury, after consulting
together for a quarter of an hour, returned a verdict of
Guilty, but strongly recommended him to mercy.
Mr. Justice PARK said the verdict was a most proper one.
There could be no question of the guilt of the prisoner, but
he had provocation, and had acted hastily. It was but a slight
case, but he was glad that the Jury had found such a verdict
for the sake of the supremacy of the law, and for the sake of
society at large. Though he said so much, he felt for, and
could make allowances even for the hasty conduct of a fellow-
creature. He sentenced the prisoner to pay a fine of 405.,
and be discharged.

LLOYD'S SHIPPING.-(THIS DAY)

DEAL, MARCH 2.—Wind N. moderate.—Arrived the Gla-
diator, —, from New York. Sailed, the Vansittart, M' Kean,
for Madras ; Hebe, Galloway, for Sydney ; Intrepid, Stewart,
for Demerara ; Westbrook, Freeman, for Jamaica ; and Mon-
treal, Griffin, for New York.
PORTSMOUTH, MARCH 2.—Wind, N. N. E.—Arrived, the
May Flower, from Seaham ; and Edith, Oak, from Cork.
PLYMOUTH, MARCH 2.—Wind, E.—Arrived, the Thetis,
from Newcastle, with loss of bowsprit.
FALMOUTH, MARCH 2.—Wind, E. to E. N. E., fresh breezes
and fine.—Sailed,the Hero, —, for St. Michael's ; Rainbow,
Oakley, for Smyrna.
TORBAY, MARCH 2.—Arrived, the Ann, Swaffin, from Far-
moy, very leaky, bound to London.
GLOSTER, MARCH 2. Arrived, the Hibernia, Fennan, from
St. John's, New Brunswick.

CORK, MARCH I.—Arrived, the Niger, Renny, from St.
John's, New Brunswick.
MARCH I.—Arrived, the Glukauf, from Pillau.

LIVERPOOL, MARCH I.—Arrived, the Louisville,-, from
New Orleans ; and Sterling, Farnham, from Savannah. Off
port, the Martha, -, from Canton; William Brown, -,
from Mobile ; and Lapwing, -, from Lisbon.