The Sun.
London, England, 1839-11-15 00:00:00

EXCHEQUER COURT-THIS DAY.

(Sittings in Banco.)
CORNFOOT V. SIR F. FOWKE.
Taghriseelmvaesnt fora an act
i6r
house, Ndao . damages,
rent of 3.50 guineas per annum, and refusal to pay the
I,e s for
York-place,not completinga t
the
an
deposit thereon. It was tried before Lord Abinger,
when a verdict was found fur the defendant.
Mr. THESIGER early in the term applied for and
obtained a rule nisi for a new trial, cause against which
was now shown by Mr. Kelly.
The LORD CHIEF BARON read over his notes of the
trial, from which it appeared that the defendant had
entered into an agreement with a Mr. Clark, the
agent of the plaintiff for the house in question, and
wile in treaty respecting it, defendant asked whether
there was anv objection to the house, and Mr. Clark
answered "'No." Soon after the completion of the
agreement Sir Frederick found out that the
back windows overlooked the house, No. 179
in Davies-street, which was next door (the house
in question being a corner one), and that it was noto-
riously a house of ill-fame. He then refused to com-
plete the agreement. At the trial it was proved that
the plaintiff was perfectly aware of the fact, and bad
been concerting measures with the 'oeighbouring
pro-
prietors to abate the nuisance, but 'unsuccessfully- The
rule was moved on the ground that the answer of Mr.
Clark applied only to objections within the house, such
as drains, &c., any that any answer respecting other
matters made by him did not bind his princip 1.
Mr. KELLY and Mr. CHANNELL DOW showed cause
against the rule, and contended that the principal was
clearly bound by the answer of his agent, Mr. Clark'
as it was clearly within the scope of his authority; he
could not act as a house agent,—no gentleman would
ever take a house from an agent—if he was not prepared
to answer all questions respecting it, and that hise
answers were binding upon his principal. In this case
it was clearly proved that the principal was well
acquainted with the nuisance—he must have known
that Sir Frederick Fowke could not, morally
inhabit the house with his family. Having such know-
ledge, if he had given such an answer as his agent clia,A
there could be no question that the agreement wow._
be void, Was he then to take advantage of one par':
of his agent's conduct in the transaction and refuse to
be bound by another ?
The Court would not allow him to do so, but would
hold the act of the agent was, in law, that of the prin-
cipal, and refuse to disturb the verdict. speaking,

LLOYD'S SHIPPING.-(THIS DAY•)

DEAL, Nov. 14.—Wind S. W.—Arrived the Palmyra,
Parsons, from Calcutta. Sailed the Caroline, Campbell,
for Jamaica ; and Friendship. Lawson, Honduras.
LIVERPOOL, Nor. 14.—Wind S.—Sailed the Mary
Elizabeth, Orry, for Canton ; Montezumar, Selkirk, Val-
paraiso ;:Amelia, Teesdall, Savannah,; Sheridan, De Per,
ster, New York ; and Constellation, Davies, St. John's,
New Brunswick. Off port, the Ranger, Paraiba ; Owell,
New Orleans ; Robert Bruce, St. John's, New Bruns-
wick ; Coeur de Lion, Quebec ; and Samuel, ditto.
PORTSSIOUTH, Nov. 14.—Wind S.—Arrived her Ma-
jesty's ship Imogene, from Valparaiso—sailed, Aug. 5,
Rio Janeiro Sept. 26, with 2,500,000 dollars; Vere,
Wills, Quebec; Quebec, Hibard, New York—sailed 23d
ult. Sailed, the Gladiator, Britton, New York : Ren-
shaw, Arnold, Ancona; Munez, Sierra Leone. Off port,
the Woolsington, Brothers, Calcutta; Elphinstone, Singa-
pore ; Lord Goderich, Quebec.
PORTLAND, NOV. 13.—Off port—The Don, Miramichi.
OFF THE START, NOV. 13.—Flower, from New York,
sailed 24th ult. ; Louis Philippe, do.

Lord Rokeby is still travelling in Greece for the
benefit of his health, and there is not the least mention
of his Lordship's return to this country.
CITY POLICE.—On Monday last Mr, 13-
Harvey, M.P., having received a confirmation of his
appointment from her Majesty's Ministers, was porn
into office as a Commissioner of the City of London
Police by Mr. Baron Rolfe, at Westminster, the caP-
tion being the first judicial act of the Learned Judge.
Mr. Harvey has therefore entered upon the onerous
duties of the office, and virtually vacated his seat for
the borough of Southwark, although the vacancy cannot
be declared until the meeting of Parliament.
S AKSPEARE.—The Shakspeare department
of our libraries is about to be enriched with an addl.
tion which has long been a desideratnm—and no wonder,
considering the erudition, industry, and research, which
such a work requires. The historical plays of our great
bard are those to which an interest peculiarly English,
attaches ; and yet they have never been carefully iglu
critically examined, in connection with the historical
facts and characters which they illustrate in so extraor•-
dinary a manner. As it is well known that the Right%
Hon. T. P. Courtenay, the writer of the forthcoming
work, entitled, " Commentaries on the Historical Plays
of Shakspeare," is qualified to treat this highly curious
and fertile topic with as much erudition as popular in-
terest, it can scarcely be doubted that the book will
command a place in every library.
PARISH OF ST. PANCRAS.—On Thursday a
very numerous meeting of the Directors and Guardians
of the poor of the parish of St. Pancras, was held at the
workhouse in the King's-road, for the purpose of 'in-
quiring into the circumstances connected with the case
of a woman named Frances Smith, who it hat) been
alleged by Inspector Aggs of the S division of police,
before Mr. Codd, the Magistrate, at Mr ,roabone
'Police-office, had been refused admission int 0 the St;
Pancras workhouse in the middle of the night, though
her case was one of the most urgent necessity. Tthe
following resolution was adopted
oat the regula-
tions of that Board relative to the admission of poor
persons at all hours, when the Oversee'rs are not in at-
tendance, be printed and hung up in the porter's lodge
and other places, for the guidance
f the arochial ea'
cers. and that in future the -porter of the workhouse
should on all occasions persor,ally examine all persons
presented for admission, aral when the slightest doubt
o p
existed, to report to the master, who should immediately,
admit all eases of destitution at any hour, night or day.
DREADFUL ACCIDENT ON THE EASTERN
COUNTIES
two
andßlkthayre.--e
as a youthe
nam Wednesday
afternonen,,l
between
Henry People was at work on the Eastern Coup ,es
Railway, a short distance beyond nornford, a ball ast-
waggon drawn by an engine was corning along at the
time, and before he could get out of the way, was
knocked down, and the wheels passed over his aady,
10
flicting frightful injuries. He was placed on one 01
the Company's litters, and conveyed to the London
Hospital, accompanied by a you.'ag mar., named Jeffh"
revs, who had witnessed the accident.. On Thursde
morning Jeffreys himself was also run over by an 1;
gine which was going at a quick rate, and had his rig°
leg fractured and jeanmed in a shocking manner. 11
he
also was conveyed to the London Hospital, and, wit
his fellow-workman, remains in a very precarious state'
The accidents on this railway are most numerous.
THE LATE FIRE NEAR BISHOPSGATIg'
STEEET.—There are at least forty-five individuals et
present without homes. Mrs. Hennessey and her hol'
band are the two hitherto unkni.,wn individuals who 11043
been taken out of the ruins, and not a Mrs. Smith, 85
some
imagined, who lodged in Barrett's attic. Tin'
whole of the
survivorsound in
the resentruns. on the spot on Thurs
day morning, and they all unanimously affirm that 'f)
others are to be found
DEATH
FROM NEGLECT.... An adjourned '
quest was held on Thursday morning before Mr. Baker at
the Wellington public-house, Upper Cornwall-sti vet,
St. George's in the East, on the body of a child , who
was reported to have died in consequence of negloot and
maltreatment on the part of his mother. Mr. Gloat'
who examined the body, said the organs were generally
healthy, and, in his opinion, death arose from a general
sinking of the system, accelerated 'or neglect. Mr'
Baker said, although there was strong proof of culpable
neglect on the part of the mother, yet, her ignorance
being considered, be did not think a Jury could return
a verdict of manslaughter. A verdict of " Natural
death, accelerated by reglect," was returned ; and, at
the request of the Jury, Elizabeth Murphy was stronglf
reprimanded by the Coroner.
FATAL ACCIDENT.—Her Majesty's steisto—
from Halifax on Thursday, after an abse•oce of about
ship the Medea, Commander Nott, arrived the river
two years, and anchored off Woolwich. A young man
of the name of M‘Taggart, twenty-two years of age, the
third engineer, asked leave to go on shore, as his friends
and relations resided at Woolwich. For some little
irregularity the Commander refused his request. On
Friday night. between eight and nines o'clock, determine%.t
to the resolution of jumpitig bff the larboard
auo.fior,
hto a
having
t confidence
f ns
fiirtieenndees aggar t , very unadvisedly, caYae
prowess as a swimmer 'dst be
would get safe ashore. It. appeared he took the fatal
plunge. A boat was immediately lowered, but the 1
night being extremely dark nothing but his hat was
picked up. It is supposed be had a great deal of 1
money about him, as little has been found in his chest,
and it was known he had upwards of 601. at Portsmo t h

at which place he was not allowed to go ashore.