The Sun.
London, England, 1839-12-16 00:00:00

VICE-CHANCERY.-(THIS DAY.)

WHITTAKER V. CLARKE.
Mr. K. BRUCE applied ex parte in this case for a
special injunction to restrain the defendant from selling
a work published in Paris, but imported into this cou-
n
try, entitled "Le Nouveau Dictionnaire." The ol-
lowing are the circumstances under which the applica-
tion was made to the Court. As long back as the year
1828 the plaintiff, together with several other persons,
empkiyed two eminent literary French gentlemen to
edit, revise, and improve the French Dictionary, which
had a most extensive sale in this country. Early in
the present year the plaintiff discovered that that
work had been pirated, but by whom they could not ascer-
tain until a short time since, when they found out that
the defendant was selling a dictionary called the Noveau
Dictionnaire, and upon comparibg the work published
by the plaintiff with that of the defendant, it was op-
parent that the one was a piracy of the other. Under
these circumstances the plaintiff applied to the Court
to restrain the defendant from selling their work.
His HONOUR considering the case one that called for
the interposition of the Court, granted the injunction.
ILLINGWORTH V. THE MANCHESTER AND LEEDS RAIL-

WAY COMPANY.
The further arguments in this part heard motion oc-
cupied his Honour the remainder of the day.

EQUITYEXCIPIEQUER.

(THIS DAY.)

Sittings at Sergeant's Inns before Mr. Baron ALDERSON.
The sittings in this Court have been suspended dur-
ing the past week, in consequence of the illness of Lord
Abinger, the Chi3f Baron. ILs Lordship not being
sufficiently well to atte,id this morning, Mr. Baron Al
derson took his place, It lying been auth: isrd, by a
warrant, bearing her Majesty's signature, '`to hear and
determine between this time and the first day ot 1-1
Term all matters and causes depending in this Court
ilary
as a Court of Equity."
THE YORK AND NORTH MIDLAND RAILWAY.—FETI-
TION OF BROOKSBANK•
This was the petition of certain Charity Trustees,
pray:ng that the monies which had been p
chase aid into
Court by the Railway Company, for the pu of
lands belonging to the Charity, might be laid out in the
purchase ct other lands.
His L.n onsiiir directed a reference to the Master to
ascertain whether the purchase proposed to be made
was a fit and proper one.
IN RE NEWCASTLE AND CARLISLE HAILWAY.--FETITION

OF
The petitioners in this case, who are the assignees of
a bankrupt, prayed that the purchase-money of certain
lands vested in them, subject to the payment of some
legacies, might be invested until the question relative
e
to those legacies should he determined. They als
prayed the costs.
After some opposition on the part of the Company,
His LORDSHIP granted the application.
THOMPSON v. THOMPSON. „
Mr. KENYON PARKER moved on behalf ot Huai.
Thompson and Joseph Thompson, that the defendants
Matthew Thompson and George Thotnpson might within
ten days pay into the Bank of England the sum of 785/.
and bring into Court certain deeds and papers. The
suit was instituted for the purpose of having an account
of the estate of Matthew Thompson, the father of all
the parties, the defendant Matthew having taken out
administration to his estate. Previous to the death of
the father, his son John, who was in partnership with a
solicitor, at Bradford, named Hailstone, died intestate.
sine ,
but hriminil te
That was in August 1831.
Mr. Baron .A.LDERSO N—He perished in the Rothsay
steamer ?
Mr. t a
tFheAgp PARKER—Yes
Ypearstes to the suit. ;i n
son Matthew to do so, but an account of that estate had
never been taken. The father died in February, 1838,
with
permitted
leaving
father did no take out adtndini histr at wiof
dThe
i;
his
Matthew then
administered, and the bill was now filed for an account
of the father's estate.
Mr. SIMKINSONopposed the motion, on the ground
that no part of the money now sought to be paid into
Court was part of the estate of the father. This was
not a bill to administer the estate of John Thompson,
but the estate of Mathew Thompson. The father, of
course, would be entitled to a portion of the clear estate
of John Thompson, but not until all the demands against
the estate of the latter were satisfied, and it was he'
lieved that about 1,1001. would be required for that
for
purpose. Besides, there might be other claimants '
the
it possible that the wife might not have died at the
it
same moment as the husband ; and although they were
both drowned, she might have survived him fora few
seconds, and that would materially alter the case.
Mr. Baron ALDERSON—It might be a doubtful ques-
tion, and was a matter of evidence whether one might
not have been washed overboard before the other. It
was not like a matter of execution, where the fath eran
son were hanged on the same gallows, and it was a
question which suns ived.
Mr. SIMKINSON submitted that there was no ground
for the application, and that all bad been done that was
possible to wind up the affairs. The parties were all
attorneys—(A laugh)—and not satisfied with letting
st
other people quarrel and benefiting by it, they mu
needs quarrel amongst themselves.—(Laughter.)
Mr. Baron ALnEnsoN could not see what amount to
order to be paid into Court, and therefore dismissed the
motion as to that, but ordared the papers to be pro-
duced.

7..11.1.9t1,410.90111,11
The Earl of LanOcrdalp has been appoll.ed
--(1, •

year,

V ris' ;' N

NTRAL, CRIMINAL COURT.
(THIS DAY.)

~-
OLD-.
COURT.
co: second Session of the Central Criminal Court
i; I,ur .eneed this morning- at the Old Failey, before the
n ' PI .t Hon. the Lord Mayor, the Recorder, the Sheriff's,
"n a other city autfioritirs.
d ,f be Grand Jury having been sworn, were briefly ad-
re seed by the Learned Recorder, and -hen rutired to
t i
he r room to execute the duties which devolved upon
the al.
i ..i 3lizabeth Green, who last sessions had pleaded guilty
Ito a charge of larceny, but on sshom judgment had been
resp ited, was then placed at the bar.
1 'he RECORDER, addressing the prisoner, said that
It Ita. t 'peer' in contemplation of the Judge before whom
she v •as tried, to sentence her to one month's imprison-
°lent ; but representations having been made that it
was 1 ikely she would be received into the Retuge for the
"est ;tale, sentence had not been passed. In the inter-
val it .quiries had been made, and it had been discovered
that : sue had already been discharged from the Refuge.
He v •as not willing that this discovery should operate
t° it crease the punishment originally intended, and
there lore he should sentence her to be imprisoned for
Olin c alendar month, and kept to hard labour, but she
sn°l4 I remember that this lenity was not likely to ba
°ran (led to her a second time.
tv, !thaw Edwards, a respectable-looking man, who
had s arrendered this morning for the purpose of taking
ii 's t: rial, was placed at the bar, as soon as a jury had
been
empannelled, charged with embezzling and stealing
60/. I 4t.q., the property of Morris Myers, his master.
11 e prisoner pleaded Not Gdlty.
!I\l r. BODKIN (with whom were Mr. Chambers and
gr., tones) said that the Counsel for the prosecution, atter
1,4" i) tg given this case their most anxious consideration,
ac::- come to a determination to offer no evidence against
the
• prisoner, as they felt convinced that the difficulties in
"le : Way of proving that the prosecutor and. the prisoner
810 '0,(1 in the relative situation of master and servant
b:e C ' 'insurmountable, and under these circumstances
h 4 -ould not take up the time of the Jury by going into
e 1 :ase, more especially as it was likely to become a
82 bif ct of inquiry in the civil courts. The prisoner, by
duet :lion of the Recorder, was then pronounced—Not
Gail IY.
Ji tines Grijillis, aged 15, who pleaded guilty to a
char Pt rd stealing 141bs. of lead, the property of his
t13.1f. A er:,Francis Bramah, was sentenced to three month
lm: ”: :,,onment and hard labour.

' G .corg,e Douglas, eged 14, pleaded guilty to stealing
a lAa stile, value 145., the property of James Weaton.
and was sentenced to three months' imprisonment and
bard labour.
C HARGE OP ROBBERY AGAINST A SERVANT.—Eliza-
beth Laburn was charged with stealing one handker-
elite] *, value e.s., the property of James Stewart Robert-
504% her master.

_
At tr. CLARKSON conducted the prosecution. The prose-
cut° ris an hotel-keeper in Lower Brook-street, Hanover-
klua re, and the prisoner was in his service, which she
tuitt ed on the 2d of December. An old lady named
Wll. Tams was staying in the house and missed some ar-
ticle s, and nne of the servants was taken into custody ;
111 et )nscquence of s(atements made by that servant the
Pr's( 'ncr was apprehended, and her box searched, in
h the handkerchief in question, the property of Mrs.
41-,01) ertson, was found. The prosecutor received good
at acter with the prisoner.
1 'he prisoner said in her defence that she did not die.
e°l+ zr she had the handkerchief until after she had left,
atiti as she had to wash for Mrs. Robertson's children
11(1 'nerself, she supposed it must have got into her box
1p ti his manner.
„le 'he RECORDER summed up, and the Jury acquitted
prisoner.
Villiam Jackson seas found Guilty of stealing a
Ma ckintosh, the property of James W. Nickelson.