The Sun.
London, England, 1839-05-11 00:00:00

THE QUEEN V. HARMER AND BELL.

Mr. TIIESIGER said he was instructed to show cause
against a rule for a criminal information which had been
applied for against the defendants, the proprietors cf the
Dispatch, for a libel contained in that paper.
Lord DENMAN observed that the best mode of terminat-
ing a proceeding of this kind was by an apology on the
part of the person who had published the libel, as that was
the most effectual manner of vindicating the character of
the person aspersed. His Lordship added that he had seen
this paragraph copied into another paper, and it was sug-
gested that the defendants should do what lay in their
power to get the explanation now given copied into the
papers which had reprinted the libel.

BAIL COURT.
(Before Mr. Justice Williams.)
This being the last day. of term the Court sat until a
late hour, and disposed of several motions relatlve to points
of practice, none of which were of any public interest.

COURT OF EXCHEQUER.

BRIANT V. FLIGHT.

In this case the plaintiff had agreed to act as the ma.
naging clerk of the defendant, and the terms of the agree-
ment were contained in a letter written by the plaintiff, in
which he stated that, as to the amount of his wages, he
should leave that altogether to the defendant. It was
contended on behalf of the defendant, that under this con-
tract the plaintiff could not demand any wages, as the only
measure of wages was the will of the defendant; whilst,
on the other hand, it was insisted that the defendant, by
accepting the plaintiff's services, under such a contract,
bound himself to pay the plaintiff what his services were
fairly worth.
Mr. Baron PARKE pronounced the judgment of the
Court, amongst the members of which there was a differ-
ence of opinion on this case, the Lord Chief Baron, to.
gether with Barons Alderson and Maule, being of opinion
that as the word " amount "was mentioned in the agree-
ment, it might fairly be considered that the plaintiff was
entitled to some amount of remuneration, the quantum to
to be fixed bona fide by the defendant. On the other
hand he (Mr. Baron Parke) conceived that the agreement
imposed on the defendant nothing more than an honarary
obligation, and that the plaintiff could not recover any da-
mages at law. As the majority of the Court was of a dif-
ferent opinion, however, the judgment of the Court was for
the plaintiff.

CONSISTORY COURT.
(Before Dr. LusitiNcToN.)
PEMBERTON V. PEMBERTON.
The Court in this case, which is promoted by the bus.
band against the Wife, pronounced a sentence of divorce on
the ground of adultery, as prayed for by Mr. Pemberton.
unlons V. BROOKS.
In this, which is a similar case, the Learned Judge like-
wise pronounced for a separation a mensa et thoro.

SECONDARIES' COURT.—M. 47 10.
DAvis v. HUNT.
This was an action for false imprisonment, and the de-
fendant had suffered judgment to go by default.
Mr. THOMAS appeared for the plaintiff, and no person
appeared for the defendant.
It appeared that the defendant was a dealer in watches,
residin7 in Chapel-street, Oxford-street, and on the 12th
of February he entered the shop No. 23, Jerrnyn-street,
St. James's, which is kept by the pla;ntiff's fattier, a res-
pectable tailor. The defendant tried on a coat, and left the
shop, but in a few minutes returned and inquired if he had
left an umbrella behind him. The plaintiff replied in the
negative,
and the defendant went away, but soon after
again returned with police-constabix Vivian C. 56, and
in spite of remonstrance gave the plaintiff into custody, on
suspicion of stealing two gold watches value 121. from the
coat pocket of the defendant The plaintiff was taken to
the station-house, when his respectability was again urged
as to the improbability of his guilt, his father having lived
in Jermyn-street fur above 26 years. The defendant, how-
eve!, insisted on the cbarr,e being entered ; it was no sooner
done than he found the watches in his own pocket. Ne-
vertheless it was necessary for the plaintiff to be taken
before the I\l _street, by whom he
-aV,strates larlborough
was discharged. A witness said the defendant, at times,
was not in his right senses, but as it was not pleaded, the
Jury could not take cognizance of i'•
Verdict for the plaintiff —darroges 15"

---
INSOLVENT DEBTORS' COURT, MA Y 9.
IN THE Mi.TTER. OF JOHN ERES.
This was a re-hearing on the ground of a concealment
of property. The insolvent was heard in December last,
and on the opposition of Mr. Henry Harper, a solicitor, re-
siding at Kennington•cross, he was remanded. for a period
of nine calendar months, for the damages in an action for
a libel. Mr. Harper, 'who was the only creditor, had
been seriously annoyed by the insolvent sending through
the two post several hundred letters with libellous
matter on the outside • he had indicted the .insolvent
'
and subsequently brought' an action against hi,
in the Court of C;immon Pleas. A verdict was taken by
consent, in the hope that the epistles would be discon-
tinued. They were, however, renevved, and he was taken
to Horsemonger-lane gaol. Mr. Harper onthe,hearing of
the case in this Court, offered himself as a witness : he de-
clared he way quite ignorant of the cause of the annoy_
ance. Mr. Harper discovered subsequently to the judg_
ment that the insolvent had two freehold houses in Tufton-
street, Westminster, and had received the rents until he

went to prison. Mr. Ha-per had given notice to the
tenants, and had been paid some money. It appeared on
the rehearing that the houses were let together at 48/.
a-year, and receipts were produced.
• The insolvent declared that he had forgotten them ; he
had becn subject to fits; he, however, stated that he had
mortgaged them for 4501, and read a copy of the deed.
He add essed the Court at some length.
Mr. Cooke was heard on the part of Mr. Harper, pray-
ing for a lengthened judgment.
The Court deferred giving judgment, in the hope that
some arrangement would take place.
The insolvent was remanded to prison, and the case ad-
journed to the 10th of June.

POLICE INTELLIGENCE.

QUEEN- S QUARE.

THE LATE CASE OF OBTAINING MONEY UNDER FALSE
PRETENCES.—In the case of William Slade Smith, who
was committed from this office on Tuesday last upon a
charge of obtaining 650/. from Mrs. Sophia Woodden, an
elderly lady, living in Lower Sloane-street, Chelsea,
through false pretences, and under circumstances of an
extraordinary nature, Mr. Wooler, who had conducted
the prisoner's case, appeared before Mr. White yesterday,
and begged to have the prisoner admitted to bail.
After some conversation between Mr. White and Mr.
Herbert, one of the solicitors to the prosecution, the latter
agreed, if it met with the Magistrate's approbation, to take
heavy and responsible bail, at 48 hours' notice.
Mr. Wooler said the Sessions for the Central Criminal
Court commenced on Monday next, and if 48 hours'
notice of bail were required, the prisoner could not be
liberated until after the commencement of the Session, and
he doubted if the Magistrate would then have any jurisdic-
tion in the matter.

After some further conversation between the parties,
Mr. WHITE ultimately agreed to accept bail to the fol-
lowing amount, namely, two sureties in 2001. each, and the
prisoner in 4001. The bail to appear before him to-
morrow (this day), at two o'clock, for his approval.
The parties then retired.
THE LATE BEGGING-LETTER CASE.—Directly after the
magistrate ( Mr. White) had taken his seat on the bench on
Wednesday morning, Lord Worsley begged to address a few
words on the subject of the begging-letter frand. His
Lordship stated that on Tuesday he had received a letter
from the wife of M'Mullins, the man who had been com-
mitted as an impostor on his Lordship's charge. It com-
plained of the conduct of Horsford, an officer of the Men-
dicity Society, to whom the writer imputed some spite in
consequence of that particular part of his evidence which
related to herself and husband being drunk at a public-
house in Mary lebone-lane, and concluded by imploring his
Lordship to keep her from distress while her husband was
in prison.
Mr. White said he thought it would be better to have the
woman brought to this office, and his Lordship having as-
sented, Hall, an officer of this establishment, was sent with
Horsford for that purpose.
About three o'clock the woman was in attendance, and
his Lordship having taken his seat by the magistrate,
Mr. White inquired of the woman, who gave her name
Frances M'Mullins, what claims she had to public sym-
pathy ?
Defendant—The claim of humanity. lam in distress,
and my husband in a prison.
Mr. WHITE—I find by reference to letters brought from
the Mendicity Office, that for the last 21 years you have
entirely subsisted on the public. I have before me a heap
of letters, all in the same hand-writing, written by you, and
from year to year making the same precise excuse for asssist-
ance. Defendant—l am obliged through distress. I have
had fourteen children, three of whom died of consumption,
and my husband has had no employment for a length of
time.

Mr. WHITE—Why not apply for parish relief ? Defen-
dant—Because it's no use ; they offer to send me to Ire-
land. They might as well offer to send me to Siberia. I
know as much of one place now, after an absence of 36
years, as the other. All I have ever had is a loaf and some
coals, and that was last winter.
Mr. WHlTE—Parish relief will not suit you while an
immense income can be obtained from year to year by these
frauds. You are complete impostors, idle vagabonds, who
will never work so long as you can under any pretence im-
pose upon the feelings of a generous public. The Society
have been frequently called upon to make inquiries in
consequence of your numberless applications, which has
induced them and me to come to the conclusion that you
are most unworthy of assistance. Defendant—Ask your
officer what a wretched place I live in.
Mr. WHITE—Of course it is as desolate as your inge-
nuity, not your distress, can make it. It is a part of the
trade to be as wretched and miserable in your own ap-
pearance as possible, and your room desolate, so that any
any person visiting must imagine you were in great want.
Use has reconciled you to all this, and it is necessary for
carrying on the trade.
Horsford remarked that the letters spoke of the children
whom defendant and her husband had to maintain ; one of
these was earning fifteen shillings a week, and the other
was out at daily labour.
His LORDSHIP observed that be had referred the case to
the Mendicity Society as the most competent judges. Had
defendant been deserving he certainly would have assisted
her, but he did not believe she was. _ _ _

Ferguson, a Mcndicity officer, produced a list dated No-
vember 9, 1831, which had been sent to the Society by the
inspectors of the C division. It contained the names of
several of the nobility and gentry who had been imposed
upon.
Defendant, who said that a hurt in her wrist would not
allow her to do any hard work, was then cautioned by the
Magistrate and discharged.

ORSHIP-STREET.

John Gibbs, a deserter from the Ist Dragoon Guards,

was placed at the bar before Mr. Codd for final examina-
tion, on the following aggravated charges of felony :
It appeared that the prisoner was formerly a clerk in the
banking house of Messrs. Barnet, Hoare, and Co., but
about eleven months ago a defalcation was discovered in
his accounts, which occasioned his dismissal. He after-
wards enlisted in the above regiment, from which he de-
erted some time in the beginning of last month. He was
advertised in the " Hue and Cry" as a deserter, and in-
formation of some subsequent acts of felony which he had
committed having been communicated to the police of the
N Division, a search was made for him, and he was cap-
tured on the night of the 25th ult by police constable
Buteber, N 225, who accidentally met him in the street.
The first case taken against him was preferred by Mr.
l3artlett, a clerk in the house of Messrs. Barnett and
Hoare, upon whom it appeared the prisoner called in the
beginning of last month and received an invitation to spend
a few days at his house. He accepted it, but repaid the
hospitality shown to him by secretly decamping on the
third morning with his friend's watch.
Mr. Sayer, a pawnbroker, in Drury-lane, produced the
watch, and identified tile prisoner as the person who
pledged it at his shop on the 23d of April.
114 r. Woodburn, a gentleman residing in Windsor-ter-
race, City-road, preferred the next charge, and it appeared
from his statement that one evening the prisoner was in-
vited to take tea at his house, and after his departure a
gold watch and a musical snutf-box were missed from the
drawing-room. The property was now produced by a
pawnbroker, who stated that the prisoner pledged it at
his shop.
Sergeant Dubois said that there were other cases against
the prisoner, but the parties who had been robbed declined
to prosecute. One of them was a gentleman residing in
Albion-street, Regent's-park, in whose house the prisoner
obtained a footing, through the introduction of his sister,
who had been a companion to one of the ladies of the fa-
mily ; but after one of his late visits, some silver spoons
were missed, which there was every reason to suppose he
had carried off. Another suspicious disappearance of some
plate took place at a house in Judd-place, simultaneously
with one of his visits.

A non-commissioned officer of his regiment was in at-
tendance to take charge of the prisoner as a deserter, in
the event of his liberation, but he was informed by Mr.
Codd that it was his intention to commit the prisoner for
trial.

The depositions having been completc3, the prisoner was
fully committed.
Mr. Miller, a Surgeon, in Clifton-street, on Wednesday
appeared to a summons, in which he was charged with an
assault upon Richard Cheshire, his late foot-boy.
. .

The Magistrates reprimanded the boy; but as he bore a
mark on his arm which he swore his master inflicted, they
required the latter to pay the nominal fine of Is. and the
costs.