The Sun.
London, England, 1837-04-24 00:00:00

SATURDAY.

DAVIS V. SAXLY, JUN.
This was an action of assault brought by the. plaintiff, a
tailor at Newbury, in Berks, against the defendant, a malt-
, ster of the same place. In June last the met at a
public-house called the Green Man, about five miles from
Newbury. The plaintiff asked the defendant, in a jocular
tone, whether he did not expect a " little chap" (i.e., an
illegitimate child) from the country, at the same time ob-
serving that he (defendant) had sent one there. An alter.
cation ensued, and when the parties got into the road the
defendant struck plaintiff over the head with a heavy riding
whip, knocked him down, and caused a severe wound on
*lie forehead. The plaintiff was removed from the road, in
stn irmansible state, to the public-house, where hia wound
urns subnnquently dressed by a surgeon. The plaintiff was
unable, in consequence of the injury rectived, to attend to
has business until the following August, in addition to which
the bill .of the medical man amounted to more than 101.

The Jury found for the plaintiff—Damages, .-;0-1:'

coURT OF COMMON PLEAS, Ariz, 22.
'T HE MAYOR OF BATH V. FINCH.

Mr. Sergeant Dom:,As moved for a;tieio show cause
why the defendant ,should not permit the coutinuance of
certain works upon h.'s premises, in obedience to an order
of Court, or why an attachment should not be issued against
him for non-compliance sn,th that order. This was an ac-
tion brought by the Mayor aod Corporation of Bath against
the defendant, a brewer, to mlover compensation for the
injury which they had sustained in consequence of the de-
ll fendant sinking a well on his premises so deep as to divert
the warm waters from the well-knekivn baths of this city ;
and, when it came before Mr. Baron Alderson for trial, an
agreement was entered into, to the eft:stet that' the plaintiffs
should, at their own expense, stop up the aperture, reserv-
ing as nearly as possible the same quantity of cold water
for the defendant's well as it originally,lteld. A verdict
was entered for plaintiff with nominal dani.-ges ; and an or-
der of Court was drawn up, by which it as further ar-
ranged that two gentlemen should appoint a surveyor
to superintend the works for a period of two years.
A surveyor of the name of Armstrong was appointed,
and he directed certain steps to be taken in order to
.top up the aperture ; a weyll, however, having subse-
quently fallen in, it was discovered that the only method
which could be adopted was to sink another well by the
side of the original one, and to bore through. A place
was pointed out where the other well might be sunk, and
it then became necessary to procure a steam-engine, in or-
der to carry on the work. Here, however, the defendant
put a stop to all proceedings ; he declared that he could
not allow the continuance of a plan calculated unfairly to
interrupt or destroy his business, as he was sure that he
could not be the intention of the order. Now, Mr. Arm-
strong stated that it was impossible- to stop the aperture
without sinking a ivell, and having a steam-engine for
that purpose.
The COURT—You may take a Rule to show cause.

COURT OF EXCHEQUER, Anti', 22.
EDWARDS V. ALISON.

This was an action for breach of covenant. The declara-
tion stated that, before the time set forth, the plaintiff
had had in his employ a young man, named William
Noseberry, who had quitted his service, and gone into
the service of the defendant, and that previously to
his quitting the plaintiff's service, the plaintiff had,
given permission to him to do so, upon the- promise
of the defetWant to pay to him, the plaintiff,twenty pounds.
The breach assigned was, that. the defendant had refused
to pay the 201. To this defendant pleaded first, that he
did not so promise ; secondly, that the said William Nose-
berry was not the servant of the plaintiff; and, thirdly,
that Noseberry, not being the servant of the plaintiff, plain-
tiff's permission was not necessary to enable Noseberry to
leave ; and that he (lid not, therefore, quit such service and
enter into that of the defendant. There was also a plea of
fraud and misrepresentation, by which defendant said he
was induced to enter into the contract with plaintiff.
At the trial of the cause before Mr. Baron Gurney, at
the sittings during the present term, a verdict was found in
favour of the defendant.

Mr. HUMFREY this (lay moved for a rule, calling on the
('&'endan to show cause why this verdict should not be set
aside and a new trial had, on the ground of misdirection by
the Learned Judge.
Mr.Birron GURNEY remarked that the plaintiff had been
guilty of rather sharp practice.
Mr. HUMFREY observed that the plaintiff was a piano-
forte maker, whose business it was to deal in sharp.—
(A laugh.)
The COURT suggested that the better course would be
fur the plaintiff to take out a summons to hear the matter
before Mr. Baron Gurney at chambers, with reference to
the third plea, which must be divided into two parts, and if
upon the hearing he should decide in plaintiff's favour on
the one head plaintiff might move for a rule to enter up
judgment non obstanie veredicto.

CONSISTORY COURT, ArRIL 22.
WALKER V. WALKER.

This was originally a suit for divorce, on the grounds
of cruelty, promoted by Mrs. Walker against her hus-
band. An allegation to that effect liras given in, which was
answered on behalf of Mr. Walker by another allegation,
pleading adultery to have been committed by his wife, but
which was again counterpleaded by her, alleging both
cruelty and adultery.
Dr. ADDAMS, on behalf of Mrs. Walker', contended
that there was not the slightest ground for any imputation
against his client.
The Learned JUDGE said that., though he had not much
doubt as to the actual result of the suit, he would post-
pone his decision.

Dr. Ernst Forster has discovered a great: number of
fine paintings of the 14th century in a chapel at Padua, which
had long been employed as a depository for old timber and va-
rious articles. The paintings were covered with a sort of
slime, on the removal of nhich they appeared in excellent pre-
servation. German Paper.
SCIENTIFIC IMPROVEMENTS IN PIANOFORTES.
—We some time since alluded to the important improvements
introduced into grand pianofortes by Messrs. Zeitter and Co.,
Nos. 4 and 5, New Cavendish-street, Portland-place, London,
and patented by them. We are happy to learn that they have
been duly appreciated by the public. Zeitter's instruments
are now universally introduced into the music-rooms of the
Nobility and Gentry ; and the leading professors (who have all
played on them) declare that the power and brilliancy of tone
produced by the new sounding-board are such as must ensure
the approbation and preference of all competent judges. The
leading merit of the invention is, that net only is the quality of
tone wonderfully superior, but it increases by use of the instru-
ment, being on a principle somewhat similar to the violin.
The following account of the temperature of the
%scattier is taken from the doorway of Messrs. Swain and Co.,
Fleet-street, during one week in 1836, and the corresponding
week in 1837 :

16th April, 183(1 -11
1 ith
18th -

16th April, 1837
17th
18th -

19th

57

20th
21st

551
55

19th

20th 4_
21st

50

53
46

According to a meteorological register kept by Dr.
Burney, at Gosport, the late month of March was colder by
51 degrees than the average temperature of that month for 21
years, and 4 degree colder than any.