The Sun.
London, England, 1839-11-28 00:00:00

THP SUN, LONDON. THURSDA Y, NOVEMBER 28, 1839

LAW INTELLIGENCE.

Mr. ERLE said, upon such evidence he would not for
a moment throw suspicion upon the evidence given by
' the witness for the plaintiff.
Verdict for the plaintiff—Dim tges. 5761.

COURT OF CHANCERY, Nov. 27.
WELLESLEY V. WELLESLEY.

This case came befoee the Court upon demurrer, ARCHER V. SOUTHWOOD
put in by the defendant, Mr. Long Pole Wellesley, to Mr. Ilr said this was an issue directed by one
the bill filed by Mrs. Wellesley, for the purpose of com- Barr-tloyfnFsitoEfirtlte Exchequer to determine whether
pelling hint to perform a covenant entered into by him the property
a e o cabrioletooh to
dasst
eir
to allow her, upon their separation, an income of 1,0001. ,theho plaintiff or not.
employedel many
a year. The case was argued lurinc, the last Term ! Theprolapintiff wasofa
drivers,p and among others one namedwCol
upon appeal from the decision of the 'Vice-Chancellor, usual with those in his trade to employ thos.edriverstwas
woo had allowed the demurrer for want of parties, but who had obtained their tickets at the"Stam •officL
hoverruled it for want of equity. On the case coming on 1 their plates were used on the cabs in order topsavet—exo-
efore his Lordship he dismissed the appeal, but think- penses. Cole had got his o'-n plate and it
ing it inconsistent with the practice of the Court to allow the plaintiff's cab every time it was driven out by him, on
a demurrer for want of parties, and overrule one for was indebted to the defendant, who had obtained a judg- ,
want of equity, he gave the defendant liberty to file a merit against him, and seeing the cab with Coles name
new demurrer, which now came on for argument. upon it, he seized it, although told it was the property
Mr. WIGRAM and Mr. TOLLER supported the de- of Archer. It was an unfortunate case, for the sum in
murrer, and dispute being small (161.), the trial of the case before a
Mr. JACOB, Mr. RICHARDS, and Mr. WlLcox, jury would much more than swallow it all up. He called
appeared on behalf of Mrs. Wellesley. the maker of the cab, who deposed that he ma le it for
The arguments had not concluded when the Court the plaintiff, who paid for it by two bills, one of which
rose. had been paid, and nearly the whole of the other. The
Mr. Wigram will reply to-morrow (this day). ostler and two drivers in the service of the plaintiff also
VICE-CHANCELLOR'S COURT, Nov. 27. deposed to the fact of the cab being the property of the
plaintiff, and that it was usual for drivers to use their
WOOLASTON V. BODDINGTON AND OTHERS.
own laces where the master had Hot got them.
Mr. COOPER applied in this case upon motion that
Mr. THOMAS, for the defendant, said he would be
the plaintiff might be at liberty to dismiss his bill, and
able to show that the whole of this matter was a trick.
that the defendant might be ordered to pay the costs of
His unfortunate client had supplied Cole with a cab,
the suit. From the statement of the Learned Counsel
for which he could not obtain any money. Having ob-
it appeared that the following were the circumstances
rained a judgment, and on the officer going upon the
of the case under which the application was made :—As
premises, he finds a cab with the name of Cole painted
long ago as the year 1818 Captain Jebb, the real plain-
in large letters on each side of it. He knew he was a
tiff in the cause, was a brother officer with a Mr. Rat-
cab-driver, and very naturally he took that which was
cliffe in the Scotch Greys. The former had shown
held out to the world as the property of the debtor.
great friendship for the latter, and on several occasions
He then called Mr. Garratt, the sheriff's officer, who
he had advanced him money to the extent of two or
said the defendant pointed out Cole's premises, and
three thousand pounds, receiving as security his promis-
finding the cab with his plates, he seized it. It was
sory notes alone. These documents he had assigned to
opposite the stables of both Cole and the plaintiff. The
his two sisters. Shortly after Mr. Ratcliffe had re-
ceived these advances from Captain Jebb, he be plaintiff
Humfrey replied ; his Lordship summed up, and
ge came so much embarrassed as to be obli
the Jury found for the plaintiff.
to retire to the Continent, and in 1820 he made
MORTIMER V. WELSH.
his will, by which he devised the equity of redemption
The time of the Court was occupied full half the day
of two mortgages on valuable estates in Jamaica to his
with the trial of the above cause. The plaintiffs were
brother and Mr. Woolaston, in trust for the benefit of
his two illegitimate children. Mr. Ratcliffe's brother musical-instrument makers in Edinburgh, and were in
dying, Mr. Woolaston alone proved the will. The de-
the habit of dealing with the defendant, the eminent
music master. He bought their pianos, and in exchange
fendants, the Messrs. Boddington, took an assignment
they were supplied with music by him. The accounts
of the mortgage on the two estates that were the subject
went back upwards of nine years. His Lordship made
of the will. Mr. Ratcliffe died in 1828, and at that
frequent ineffectual attempts to send the case to arbi-
period, according to the statements of the defendants,
tration. After occupying upwards of three hours, the
there was due to them on the mortgage upwards of
plaintiff was nonsuited.
44,000/. It being discovered on the death of Mr.
Ratcliffe that he had no other assets but the

equity of redemption in these mortgages, the Miss
Jebbs, who were the assigns of Mr. Ratcliffe, applied
to Mr. Woolaston for liberty to use his name in insti-
tuting a suit against the mortgagees in possession,
Messrs. Boddingt on. This permission being granted, in
1838 the present suit was instituted, calling upon the
defendants to account, but in the early part of the pre-

EXCHEQUER IN EQUITY, IVor. 27.
Before the LORD CHIEF BARON, at Sergeants' Inn.
N RE MANCHESTER AND BIRMINGHAM RAILWAY.—

PETITION OF GOULDEN.

This was a petition praying that the sum of 5701.,
which had been paid into Court under the above men-
tioned Railway Act, might be laid out in the purchase
of a certain dwelling-house and close, and that the
Company might pay the costs. It appeared that the
land taken by the Company belonged to an individual
and his wife as tenants for life, with remainder to the
children, and that the father had twice purchased an
estate for 2851, and so improved it that it was now
valued at 658/. ; and his desire was that this property
should go on the same trusts as the property taken by
the Company.
His LORDSHIP directed a reference to the Master.
IN RE NEWCASTLE AND CARLISLE RAILWAY.—
PETITION OF THE BISHOP OF DURHAM.

sent year, a letter had been received from the defendants
by the solicitor for the Miss Jebbs, stating that they
had obtained from Mr. Woolaston, the nominal plain
tiff, a release of the equity of redemption, and that he
had also signed their accounts, by which it appeared
that a large balance was due to them. Under these
circumstances, it was thought advisable to make the
present application, in order to enable the Miss Jebbs

. ..
to institute an effectual suit against Messrs. Boddington.
His HONOUR, without calling upon Mr. Knight
Bruce, who appeared for Messrs. Boddington, to ad-

dress the Court, dismissed the application with costs, on

the ground that upon the applicants' own showing, it
was perfectly competent for them to file a supplemental
bill, or institute a new suit against the defendants if they
had any case for doing so.

The petition in this case prayed that the sum of
3,4761. 16s. 6d. might be invested, and the dividends
paid to the Bishop of Durham and his successors for
the time being.. The only difficulty was as to the costs,
the payment of which the petition prayed might be made
by the Company. The Act directed that when the
money is ordered to be paid into the Bank, or laid out
in the purchase of land, the expense of such purchase
is to be paid by the Company ; but it was submitted
that where there is a doubtful title, and several claim-
ants, and the Court orders the money to be invested,
the expense of suck investment was 'not contemplated
by the Act.
His LORDSHIP was of opinion that the 44th section
applied to all purchases, including the purchases of
stock, as well as of land, and directed the payment of
costs accordingly.

COURT OF QUEEN'S BENCH, Nor. 27.
(Sittings in Banco.)
THE KING V. THE RECORDER OF LUDLOW.
Lord DENMAN gave judgment in this case, in which
the question was, whether the Recorder of Ludlow had
power to try an appeal from an order made by two jus-
tices at sessions, under the Act 9th George IV., cap.
40, sec. 38, for fixing a parish with the expenses of re-
moving a lunatic pauper. An appeal from the order was
given under the 61st section, which enacted that the
word "county" should be taken to include any town
corporate. As to the question of whether the appeal
would have been given to the old corporate body if it
had still existed, that was unnecessary for the Court to
enter upon ; hut as the law now stood they had no doubt
that such was the case. The situation of Recorder gave
him cognizance of all matters whatever cognizable by a
Court of Quarter sessions of the Peace for any county
in England, of which the borough in question must he
taken to be one. The recent grant by the Crown to these
boroughs did not make any difference in the question, as
it did not limit or confine their jurisdiction, and therefore
they were of opinion that an appeal did lie, and the order
of Sessions must be confirmed.
FERGUSON U. MAHON.
The COURT gave judgment in this case. It was an
action upon a judgment obtained in the Court of Com-
mon Pleas in Irn:lanci. The defendant pleaded that he
had never been arrested nor served with a summons,
nor had at any time notice of the proceedings—that he
had never appeared throughout, and that the judgment
had been obtained behind the back of the defendant.
The replication was that before the judgment had been
obtained the defendant had notice by a certain process,
to wit, a writ of summons. That was specially demurred
to. The whole question, therefore, was as to the plea,
and it was argued that if the judgment was in fact open
to the objection on the plea, it was an irregular one,
and might have been set aside on application to the
Court. It appeared to them that a judgment obtained
in an Irish Court should stand upon the same footing as
a judgment of one of the superior Courts of that coun-
try. Although it was a Record for certain purposes,
the inquiry was still open to them, not upon the merits
of the action or the propriety of the deciiion, but whe-
ther it was recovered under such circumstances as that
the Court at the time had proper jurisdiction over the
party ; and when it appeared to them that the defendant
had never been before the Court it was impossible that
they could allow a judgment so obtained to be made the
foundation of an action in that Court. Their judgment
therefore must be for the defendant.
- EMPSON V. GRIFFITH.
The COURT gave jadgment in this case. It was an
action for slander, brought by an attorney, and several
of the counts, referring to himself and his profession,
were good, but others were bad. The damages were
wenerally taken, and alter that the parties resorted to
the notes of the Learned Judge on a motion for a new
trial, and then an application was made to the late Mr.
Justice Parke to amend the postea by confining the
verdict to the first count. The motion came before the
full Court with the postea altered, but they were of opi-
nion that the order for confining the verdict to the first
count was wrong, inasmuch as some of the evidence at
the trial was applicable to the fifth as well as to the
first count, and the damages being general the Court
could not tell what portion the Jury intended to award
to each. The order, therefore, must be set aside.
HUMBLE V. MITCHELL.
This was an action for the non-delivery of certain
shares in the North Central Bank, which bad been pur-
chased by the plaintiff from the defendant. The case
was tried before Mr. Justice Coleridge at the last Li-
verpool Assizes, and a verdict had for the plaintiff for
the sum of 1001., the loss calculated to have been sus-
tained by the rise in the price of shares, subject to a
!notion, to reduce the damages or to enter a verdict
for the defendant.
Mr. ALEXANDER was now heard in support of the
rule, and Mr. CRESWELL against it.
The COURT said the question was whether the con-
tract was not void under the 17th section of the statute
of frauds, and there was some difficulty in arriving at a
decision upon that point without straining the words of
the section to too great an extent. Under all the cir-
cumstances the Court would throw out the suggestion
of whether the object of both parties would not be met
by reducing the damages to 50/.
111 r. CRESWELL, for the plaintiff, expressed himself
satisfied, and Counsel for the defendant having also
agreed, the rule was discharged, on the terms of the
verdict being reduced to 50/.

COURT OF EXCHEQUER, No►. 27.
BLEWITT V. GALE.

The plaintiffs in this case were bankers at Chepstow,
and sought to recover the sum of 56.51. 7s. 10d. upon a
bill of exchange, on which the defendant appeared in the
character of an indorser.

Spitalfields, in the same house with the prisoner. On
the evening of 29th October, heard a 'noise in prisoner's
room. Heard him say turn out the child. Saw the
child run out, and met the prisoner in the passage.
Caught him by the arm, and entreated him not to strike
the child. He followed the child, and struck him in
the street. He caught him by the shoulder, and dragged
him several paces along the street. He brought him
back to the door, and threw him into the gutter. Wit-
ness pushed him away. and saved the child from him.
She took the child into her own room, and found the
blood streaming from his head. He was very dirty.
She gave the child food, which he ate eagerly. The
prisoner, who is the father of the child, said he was six
years of age. The child's mother has been dead some

Cross-examined by the prisoner—Saw the prisoner
strike the child. It was the first time she ever saw him
ill-use the child.
Michael Hawthorn is husband of last witness. On
the night in question saw his wife bring in the child, arid
the child was bleeding. 'rite child was taken from the .
prisoner by the direction of the Magistrates.
George Green is a policeman. Saw the child on the
evening in question ; it was bleeding from two or three
cuts in the head. Took the prisoner into custody, who
ga‘ie no reason for his conduct. The prisoner was not
drunk. Took the child to the workhouse.
Mr. T. Mears saw the child at the workhouse ; it
appeared half starved, and was labouring under scald
head. There were two cuts on the head. One of the
cuts was decidedly through the true skin. Witness is
surgeon to the police. A great change. for the better
took place in the child's appearance after he had been
a few days in the workhouse.
The prisoner in his defence said ue threw himself on
the mercy of the Jury.
Mr. Justice BOSANQUET, in summing up, said he did
not think the evidence strong enough to prove that the
prisoner assaulted the child with intent to do some
grievous bodily harm ; but although a parent had right
to correct a child, yet he had no right to commit a via-
lent assault upon it. It was for the Jury to say whether
they did not consider an assault had been committed in
this instance.

The Jury found the prisoner guilty of an assault only.
Mr. Justice BOSANQUET, after commenting severely
on the conduct of the prisoner, said that he having been
already in prison for a month on this charge, the Court
would take that into consideration, and sentence him to
14 days' imprisonment and hard labour.
Wm. Witchelowe was indicted for stealing a watch,

the property of Robert Spiers.
It appeared that the prosecutor had bought Ow
watch in question of the prisoner, and had placed it i❑
a drawer, to which the prisoner had access, and from
which it was stolen. The prisoner had sent his sister
to pledge the watch at a pawnbroker's.
The Jury brought in a verdict of Guilty.
Mr. Baron PARKE inquired of the policeman if the
prisoner was known as a bad character ? To which the
policeman replied in the negative ; when the Learned
Judge sentenced the prisoner to six months' imprison-
ment and hard labour.

FORGERY.—Richard John Rogers was indicted for
uttering a forged order for the payment of 4/. 169.,
with intent to defraud William Lightly and another.
John Nicholson is engineer on board the Princess
Victoria, belonging to the Antwerp Steam Company.
Prisoner was employed on board. He was paid by
taking a bill to the office, signed by witness, and draw-

ing his money.
George Thomas is a clerk in the employ of the pro-
secutors, who are ship-brokers anti agents to the
Antwerp Steam Company. Has been in the habit of pay-
ing prisoner on his producing a certificate signed by the
engineer. Paid him 4/. 10s. on the 12th o October;
on his producing the certificate now in Court. On the
19th of October paid him 4/. 16s. on a similar document.
John Nicholson recalled—lt was prisoner's bu,iness

:o fill up the certificates, and witneis signed them. The

one for 41. 10s. is not signed by witness. The one for
41. 16s. is signed by witness, but it has been altered
from 6s. to 4/. 16s.

Cross-examined by Mr. PRENDERGAST—Does not
know whether the prisoner can write. He [lover signed
a certificate for more than six shillings.

Mr. PRENDERGAST took a legal objection to the in-
dictment, which was overruled. He then addressed the
jury for the defence, and contended that there was no
proof of the prisoner knowing the certificates to be forged,
and a to forging them himself, he should prove that to
be impossible, as the prisoner could neither read nor write.
The prisoner's father stated that he was not aware
that the prisoner could read or write, but had not bad
any thing to do with him since he was eight years old.
Several persons who had employed the prisoner as a
chimney-sweeper, gave him a good character.
Mr. Justice BOSANQUET summed up.
The Jury found the priioner guilty of uttering with
intent to defraud.
The prosecutor recommended him to mercy, and Mr.
Justice Bosanquet sentenced him to two years' impri-
sonment and hard labour ; had it not been for the pro-
secutor's recommendation, he would have been sentenced
to transportation.
In the course of the morning the Grand Jury found
a true bill against John Lee for murder.
EXTENSIVE ROBBERY BY A FOREIGNER.—Antonio
Farieveney, aged 25, a Spaniard, was indicted for
stealing in the dwelling-house of Anne Chaplin a quan-
tity of jewellery, coats, and other articles, of the value
of 4001., the property of Nicholas Sauter Sucrez, his
to aster.
Mr. BODKIN was engaged for the prosecuton
The prisoner, to whom the terms of the indictment
were explained by an interpreter, pleaded Guilty to
the charge made zgainst
Mr. Justice BOSANQUET sentenced the prisoner to be
transported far ten years.

POLICE INTELLIGENCE.

BOW-STREET.

Wm. Lewis, Cecilia Lewis, and Jemima Dorsett, alias
Johnston, who stand committed for stealing a quantity
of wearing apparel in Burton-place, St. Pancras, last
month, and also for stealing plate from the Pier Hotel,
Gravesend, were again brought up yesteriav by consta-
ble Collier, E division,and Sergeant Pocock, F, charged
with having committed five other robberies under the
following circumstances : _ _ _ _

The male prisoner was first placed at the bar on a
charge of having, on the 26th of August last, been con-
cerned with others, not in custody, in breaking open the
Southampton Railway Station-house at Weybridge,
and stealing from it a clock, seven sovereigns, and a
cloak, the property of the Comp:my.
After evidence had been taken on this charge the fe-
male prisoner was placed at the bar, charged with steal-
ing from the shop of Mi-s Walters, of the New-road,
certain property. Both prisoners were committed for
trial at the present sessions.

• .
MRS. GORES c. PREFERMENT."—'I HIS IS a
clever book, with a very praiseworthy object, certain
both to amuse and do good. The intention is to
show the corrupting influences of patronage and aristo-
cratic associations on the clergy, illustrated in a suc-
cession of satirical descriptions and amusing scenes.
The subject is a difficult one, and not inaptly handled.
There is abundance of wit and point, and sparkling oh.
servation in the book, and we cannot better occupy our
space than with some few extracts, expressive of Mrs.
Gore's wit and sense,
.her tact of observation, her fear-
less fund of satire, and the happy selections of phrase
with which these high qualities are set off in the vo-
lumes before us. We recommend them to all lovers of
pleasant reading.;--Examiner.

MR. BREMNER'S NEW WORK ON DENMARK
AND SWEDEN.—It would be difficult to name any other
recent traveller with whom the public will be better
pleased to renew their acquaintance than with the sen-
sible, well-informed, and thoroughly impartial author
of " Excursions in the Interior of Russia." The great
popularity o that work has, we understand, induced
its author' to prepare two more volumes, devoted to
Denmark, Norway, and Sweden, and if they do but
equal in important information, and entertaining inci-
dent, their excellent predecessors, the two works toge-
ther will present a body of mingled amusement and in-
struction relative to the whole of the North of Eu-
rope, which can certainly not be obtained at present
from any other source.