The Sun.
London, England, 1830-03-25 00:00:00

PECK V. RUSSELL AND OTHERS.

Mr. KNIGHT and Mr. RUSSELL applied for an or-
der that the Master might review the allowance he
had made to the parties engaged in conducting a
commission which had been granted in this cause
for the examination of witnesses in Flanders and
France.

Mr. SOLICITOR-GENERAL opposed the application.
The LORD CHANCELLOR said, that upon referring
to the scale of allowances for Commissioners recom-
mended by the Chancery report, it did not appear
that the sum which the Master had approved of
(five guineas per day) was excessive. Under all
the circumstances of the case as they appeared be-
fore the Court, he felt obliged to dismiss the peti-
tion with costs.

SECONDARIES' OFFICE.
LE PRINCE V. THUILERIE.

This was a writ of inquiry for the assessment of
damages, in a case in which the plaintiff sought the
auto of 5001. for the tuition of the defendant's chil-
dren. The defendant had been discharged under
the Insolvent Act, and this action was brought in
order to make a good claim upon his pension, as one
of the masters of Sandhurst College.
Mr. WALLINGTON was for the plaintiff. The ac-
count had been running for a long time, and could
be proved to be a most reasonable one, being at the
rate of about a franc and a half an hour for instruc-

tion in Latin, Greek, and mathematics. There
was no written contract in evidence, but there were
several letters from the defendant, expressing his
great satisfaction at the progress cf his children, and
proving clearly the claim of the tutor to liberal re-
muneration for service rendered by him to the de-
fendant's children for a period of time, extending
from 1820 to 1826.

Monsieur Pierre Francois Merlet, Professor of
French in the University of London, proved that
the charges of the plaintiff were moderate.
Mr. COOKE was for the defence. The demand of
one farthing would appear to the Jury a most extra-
ordinary one, when they should hear the account he
had to give of the facts. The plaintiff had under-
taken, from motives of affection to the children of
the defendant, in the first instance, to educate them,
and afterwards he had accepted a seat at the dining.
table, as a recompence for the service he rendered.
Ladislaus Thuilerie, son of the defendant, deposed
that the plaintiff instructed him and his brother, in
1820 and 1821, at Versailles, where they lived with
their mother, who was in very delicate health and
embarrassed circumstances. The plaintiff said to
him at one time, when reproaching him with inat.
tention, " How ungrateful you are not to mind what

I say, when you know I am sacrificing my time
without remuneration to you." Witness's mother
died in April, 1827, and in May his father arrived
at Versailles. The plaintiff was writing down a list
of his father's creditors, and the defendant desired
the plaintiff to pay himself some money which had
been borrowed from him, and if any thing was due
for instruction to witness and his brother, he
(plaintiff) should be paid by instalments with the
rest of the creditors. At hearing this, the plaintiff
appeared quite shocked, and declared that all he had
done had been done from a motive of serving them,
and was quite disinterested. The defendant then
put a gold watch and chain into the plaintiff's hand,
and said, "Dear Le Prince, allow me to offer you
the only article of value that remains of her we have
lost," upon which the plaintiff sprang up, embraced
him and his brother, and said he would sot accept
of any thing except a few trifles of their mother's.
(Here a letter was read, which witness said was in
the plaintiff's hand-writing. It stated that all he had
done was done without the remotest desire of a re-
turn.) Plaintiff dined with the family constantly.
Mr. POTTER, the Under Secretary, having
summed up,

The Jury assessed the damages at one farthing.

INSOLVENT DEBTORS' COURT, MARC}[ 21,
Miles Powell, a dairyman, late of Kennington,
was opposed by Mr. Cooxn, on behalf of a creditor
named Biggs.
It appeared that the insolvent, while labouring
under embarrassments, in October last, gave his
sister-in-law, Mrs. Fisher, a warrant of attorney for
money which he had long previously borrowed of
her. Under that warrant of attorney Mrs. Fisher
took possession of all the insolvent's cows, house-
hold furniture, &c.; but for the purpose of enabling
the insolvent's wife and children to support them-
selves (the insolvent himself being in prison), she
allowed the cows, furniture, &c. to remain on the
premises, and to permit the baiinees to be carried

on. However, during the insolvent's imprison-
ment, all the property was gradually disposed of,
and nothing now remainedifor any of the other cre-
ditors, some of those cows, so disposed of, having
been supplied to the insolvent by the present oppos•
ing creditor.
Mr. Commissioner LAW had no doubt that Mrs.
Fisher thought she was only doing that in which
she was justified, for the purpose of securing her
own debt; at the same time it was a clear case of
an undue preference, and therefore the judgment of
the Court was, that the insolvent be remanded for
a period of seven calendar mouths from the date of
filing his petition.
William Read, a tally-man in the linen-drapery
line, was opposed by Mr. INIcHoLLs, on behalf of
Mr. Simpson, and Messrs. Butterworth and Brooks.
The case was ordered to stand adjourned.

SPRING ASSIZE INTELLIGENCE.

THETFORD, MARCH 23.
MACPHERSON V. DANIELS.

Mr. Serjeant STORKS stated the case on behalf
of the plaintiff. The action was brought to re-
cover damages for slanderous words spoken of the
plaintiff in his character of a coach-proprietor. He
was a native of Scotland, and, with the character-
istic thrift of persons born on the other side of the
Tweed, added to his coach-proprietary the business
of cattle-salesman and innkeeper ; and in his various
trades he had returns to the amount of 100,0004 a
year. The object of the plaintiff's coach was to
facilitate the communication between Scotland and
Norfolk, and the defendant was also the owner of a
coach running over the same ground that the plain-
tiff's ran. 'Whether in the spirit of rivalry, he
knew net, but certain it was, that the defendant, in
January 1828, thought proper to make a serious
attack on the credit of his coach-opponent, not once
merely, but repeatedly. The words were," He has
had his horses seized, he has been arrested, and the
bailiffs are in his bouse." This was the slander
for which the Jury were to award the damages
which they would expect to receive had the calumny
been spoken of themselves.
This case was made out in evidence; and the
Jury found for the plaintiff—Damages 101.
Thomas Davis was indicted for breaking and
entering a building within the curtilage of Thomas
Ayres, at the parish of Wereham, and stealing two
dozen silver forks, 30 silver spoons, and a variety of
other articles of plate, the preperty of John Mot-
teux, Esq.

The Jury found the prisoner Guilty.
The Learned BARON sentenced him to be tran-
sported for life.
Thomas Risborne pleaded " guilty" to an indict-
ment charging him with stealing 15 sheep.
Mr. Baron VAUGHAN (after admonishing the
prisoner, who persisted in his plea) said that he
must be remanded, and brought up again before the
close of the assizes.

SHREWSBURY, Mancit 23.

Martha James, a woman with a child at the
breast, was put to the bar, charged with having fe-
loniously administered a noxious drug to Charlotte
Smith, being with child, but not quick with child,
in order to procure her miscarriage, on the 15th De-
cember last; the prosecutrix (Charlotte Smith), then
about 19, was about three months gone with child
by the brother of the prisoner. About eleven on
that day, in consequence of a message from the pri-
soner, she went to a shop in Ludlow, kept by the
mother of the prisoner. There, without other con-
versation, the prosecutrix said she had a bad cough.
The prisoner said she bad some stuff which would
do her good; it was white stuff, which fell to the
bottom of a cup of water. After the prosecutrix
had taken it, she asked what it was, to which the
other replied, that it would do her no harm, but
only make her miscarry. The prosecutrix swore
that in two hours after, the disorder incident to
women appeared with considerable violence, accom-
panied by fruitless attempt to vomit and painful
griping. That she remained ill and in doors all
that day and the next, attended by surgeons. She
told her landlady that she was with child, and who
was the father. On the 15th of February, as she
was returning to Ludlow, from the place of her set-
tlement, four miles off, she was taken violently ill
with similar symptoms, arid miscarried in a field.
A surgeon saw the prosecutrix on Wednesday,
the 6th of December, and found her very ill in bed,
suffering severe pain and griping in the stomach,
with a sense of suffocation. lle did not, till told,
suspect she had taken any thing wrong; but the
symptoms might have been occasioned by a noxious
drug. The next day he saw her again, and was of
opinion that she was pregnant, but would not swear
that she was, as it cannot be demonstrated that a
woman is with child till she is near five months gone.
For the prisoner Mr. GODSON called witnesses to
show that the prosecutrix expressed to a witness her
sorrow for having accused the prisoner, saying that
mercury had caused the swelling of her person, and
that she had deceived the doctors, whom she had
caused to think her with child; and on the Thurs-
day before the Assizes went on her knees to her
sister (a witness for the prisoner), and said, " Oh,
my dear sister, I never should have done this against
poor Martha James, if it had not been for that
wicked woman," naming the woman with whom she
had lodged at Ludlow, and who was of notoriously
bad character.
The Jury acquitted the prisoner.

HORSHAM, Maactr 23.

John Hobden, a schoolmaster, stood charged under
the Post•office Act with secreting a letter containing
a 101. Bank of England note, the property of Samuel
John Williams.

The Jury found the prisoner guilty, and sentence
of death was recorded.

Richard _Alec:sop was capitally indicted for steal-
ing 30 gold, silver, and metal watches, seven gold
seals, and other property to the value of 1301.,
from the shop of his master, a Mr. Lashmar, of
Brighton.
The prisoner was found guilty, and the Jndge
ordered sentence of death to be recorded.

YORK, MARCH 22.

Martin Routh was charged with having, on the
21st July last, robbed William Butterfield, on the
King's highway, of two sovereigns.
The prisoner was found guilty, and judgment of
death was recorded.

EXETER, MARCH 23.

The Court sat at eight o'clock this morning,
long before which time not a vacant place in it was
left.

Anne Smith, an interesting-looking woman, only
24 years of age, a cook in the service of Lord Rolle,
was indicted for the wilful murder of her new-born

illegitimate male child. The prisoner also stood
charged, upon the coroner's inquest, with the same
offence. She had Leen in the hospital of the gaol
ever since her committal, and during her trial was
allowed a chair on account of her weak state. _ _

Anna Plimsole—l lived in the family of Lord
Rolle in September last. The prisoner at the bar
was also in his Lordship's service at that time. On
the 19th of September the prisoner slept in the
same room with me. I was disturbed between two
and three o'clock on the morning of the 20th Sep-
tember by the prisoner, who was sick. I first ob-
served the noise she made, and asked her what was
the matter with her. She said, " Nothing." She
was then out of bed. I saw her go to the clothes-
bag. She took some things out, which she threw
on the floor. She took the candle, which was burn-
ing in the room, and went out of the room, and re-
mained absent for an hour. On her return to the
room she went to bed. I noticed that she put
something under the pillow. She moaned for some
time, and seemed very weak. I asked her what
was the matter, to which she replied that she was
dreaming. I got up soon after six o'clock. I said
to her that she had been sick. She s;tid she had,
and requested me to tell one of the servants to bring

some hot water. The water was not taken to het/
but a surgeon was sent for.
Mrs. Denslowe—l am housekeeper in Lord
Rolle's family, and knew the prisoner. On the
morning of the 20th Anna Plimsole came to met
and in consequence of what she said I went to the
prisoner's room. Mr. Caddy, the surgeon, was seat
for. Mr. Caddy said to her that she had had
child in the night. She said she had, or words to
that effect. He asked her what she had done with
it. She said it was in the water-closet. Mr. Caddy
told her she had had a child before ; she said she
had about two years since; she said she was only
gone five or six months with her last child. I weld
with Mr. Caddy to the water-closet, and saw e
child placed in a stone trough; it was wrapped in s
gown which I had seen the prisoner wear.
Mr. Caddy saw the body of the child. There(
was a wound on the left side of the lower part 0'
the neck, which appeared to have been Inflicted bf
some sharp-pointed instrument. The child was sl
its full growth. From what he observed, the con'
elusion he came to was, that the child had breathed;
but he could not undertake to say that it was bar'
alive.
The Jury immediately acquitted the prisoner of
murder, but returned a verdict of guilty as to the'
concealment.

The Learned JUDGE then sentenced her to tiN°
years' imprisonment.

George Cudmore and Sarah Dunn were pat to
the bar upon'an indictment charging them with OW
wilful murder of Grace Cudmore, the wife of the
male prisoner, by administering to her a quantity of
arsenic.

Jane Trigger—l live at Roborough, and know
the prisoners. The deceased was an intimate ae
quaintance of mine. She was the wife of George
Cudmore. Sarah Dunn had four children. Sarah,
Cudmore came to my house on the I Ith of October
last, and complained of having a bad cold. On the
15th I saw her again. She said she was very I.l`
well, and had pains in her shoulder and head.
called at her house the next day. She was in bed,,
and complained of being very ill, and said she 110
been vomiting very much, and felt a burning pain ill
her stomach, and great thirst, and an unpleasant
taste in her mouth ; that all her teeth were loose,
and that she thought she should never live to g°
down stairs again. I saw her again on Rids,'
morning; she appeared to be getting worse, and
died on the following Monday.
Mr. Ridley, the surgeon, proved having °inflect
the body, and analyzed the contents of the stomach,
and found eight or ten grains of arsenic in it, and
considerably more in the intestines.

Grace Thomas, the wife of the constable, at whose
house the prisoners were after taken in custody, 50.1 d
that Cudmore told her, " Well, I'll tell you, 1101'
tress : I did do it. My wife was unwell, and 0°
requested me to boil her some herb tea, and I Pt!t
some arsenic into it. I took it to my wife. I drank
of it twice, and it made me ill. My wife soon be-
came sick. Some powders were left by the surgeo%.
My wife said she would prefer pills. I asked her 1f
she wished me to make them, and on her desiring
me to do 90, I mixed some arsenic with the powders;
and made them into pills, which I gave to my wife.
She beard Dunn ask Cudmore if he forgave her?
He said it was her who caused him to do the deed.
Dunn replied, they were both equally guilty, and she
hoped they would be both equally punished. -
Cudmore, in his defence, protested lie was in-1
nocent.

Dunn put in a written statement, admitted living
in a criminal intercourse with Cudmore, but that she
always dissuaded him from the attempt to injure hi 6
wife.

The Jury found Cudmore guilty, but acquitted
Dunn.

His LORDSHIP then passed sentence of death or
Cudmore, and ordered him to be executed os
Thursday next, and his body to be dissected.

THE MARKETS.

COAL MARK,
Adair's . 31s. 3d.
Beaumont. .27 6
Dean's Prirnrose—........, 28 0
East Percy 26 6
Heblourn Main 30 9
Holywell - 30 3
Killingworth 32 6
Liddell's 27 6
Ord's Redhugh 27 6
Pontop Windsor 2B 0
fantield
Townley .29 0
Willington
Wylam
Walls End 801 l and Co. 33 6
Ditto Bell Robson & Co. 33 3
Ditto Bewicke and Co.— 33 6
Ditto Clarke and Co. 30 6
Ditto Cramlington......., 27 6
Ditto Brown's unser.—.... 31 0
Ships at market, 111A—Shi

:ET.—Pdareli 24.
Walls End Brown's SI s. g'
Ditto Gosforth 35 0
Ditto 33 6
Ditto Hilda 31
Ditto Hotspur..,----, 32 S
Ditto Northumberland 31
Ditto Perkins and C 0.... 31 6
I)itto Riddell's
Ditto Russell's , 33 ,6
Walls End Heaton 35 J
Walls End Larubton—... 35 0
Walls End Stewart's 35
Russell's Hetton's W.E. 34 I"
Russell's 33 °
Hartley 3l f,
Pemberton Llan gehn ech 33 !,
Warde's Llanelly 31 Y
Walls End Rockley.—.. 23 0
Old Etherley small 23 0
lips sold, 47-Unsold, 70%.

WEE