The Sun.
London, England, 1839-11-27 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, Nor 26.

11IE QUEEN V. THE MANCHESTER, SHEFFIELD, AND

ASHTON-UNDER-LINE RAILWAY.

In this ease a rule for a writ of certiorari had been
obtained, calling upon the defendants to return a cer-
tain inquisition taken in the county of Lancaster, in
March last, into that Court. The inquisition had been
held under the provisions of the 7 Win. IV., cap. 21,
when a jury had been impannelled to assess the damages
and value of a piece of land which had been taken for
the purposes of the defendants' railway, and several ob-
jections, chiefly of a technical nature, had been taken to
the provisions under the inquisition. One, however,
was of rather a singular nature, which excited some
laughter in the Court, namely, that the Railway Com-
pany had feasted the jury during the three days the in-
quisition had lasted.
The ATTORNEY-GENERAL and Sir WILLIAM FOL-
LETT were now heard at some length against the rule,
and Sir F. Por.Locs and Mr. COLES in support of it.
The COURT, after hearing the arguments of Counsel,
was of opinion that the rule should be discharged, with
costs.

COMMON PLEAS' Nor. 26.
NUNN V. JOHNSON, PITCH, AND STORMER.
This was an action for breaking and entering the
plaintiff's house, and seizing certain of his goods. The
plea was that it was for a rent distraint, under a frau-
dulent removal.
Mr. Sergeant Bompas and Mr. Petersdorff were for
the plaintiff; Mr. Platt and Mr. James for the de-
fendants,
On the case being called, defendant's attorney stated
both his counsel were absent, Mr. Platt being engaged
ID the Exchequer, and Mr. James (he believed) in the
Sheriffs' Court.—(A laugh.)
His LORDSHIP ordered the case to proceed, when
Mr. WATSON entered the Court, and said Mr. Platt
had just given him his brief, but he had barely read the
names of the parties.
The Learned JUDGE-Oh you will do very well.—
(A laugh.)
From the plaintiff's case it appeared that Nunn had
taken a house of Fitch (next door to which lived Stur-
mer, agent to Fitch) on the 21st of January. On the
10th of April Fitch called, and was told by Nunn that,
as he was losing money there, he must leave in a
week ; and that, on the 23d, the defendants removed
the furniture from a house in which plaintiff then lived,
near Cannon-street.
The witness who deposed to these facts was an om-
nibus driver, who lived in Nunn's house, and also in
Nunn's absence (who was a waiter at a city tavern) sold
fish with Mrs. Nunn. He gave as a reason for accu-
rately remembering the 10th of April, that he had only
sold fifteen pennyworth of fish that day—(Laughter)—
and on being further pressed, he recollected that it was
a "couple of soles" and a " little bit of cod."—
(Laughter.) He was cleverly cross-examined by Mr.
Watson, and it was elicited that when the goods were
removed (on the 18th) they were taken first to a house
near the City-road, and there remained all night, Nunn,
his wife, and himself, sleeping on the chairs altogether
—(Laughter)—and that on the following morning, be-
fore six, the goods were removed to the house near
Cannon-street. He said he would not take 301. for the
goods.

One or two witnesses, relatives or friends of the
plaint:ff, deposed to conversations in which it was ad-
mitted t,':at the rent would not be due till the 21st.
Mr. wA.:soN made a very able speech on behalf of

the defendants,
.aLpressing on the attention of the jury
that the interme
ate removal of the goods was clearly
fraudulent, and intent2ed to prevent the landlord's disco-
vering them, and that ti;erefore it came within the sta.
tute for the protection of landlords against such re-
movals, to avoid distraints for rent due.
During :the Learned Counsel's Address, Mr. Platt
and Mr. James came into Court, and did what they
could in the way of suggestion, &c., td Aid their client.
Mr. Sergeant BOMPAS objected that the"e were some
parts of defendant's plea—which justified not only the
seizing but the conversion—which had not been p;oved.
The Learned JUDGE said, if the Jury found for the
defendants that point might be reserved for the opinion
of the Court. His Lordship told the Jury that they
must first decide whether the seizing of the goods was
by defendants, any or either of them ;—then, whether
the removal of the goods by plaintiff was fraudulent or
not, and whether rent was in arrear at the time of such
removal.
The Jury first found for defendant.

The Learned JUDGE—But, gentlemen, there are
three issues. I presume you cannot doubt upon the evi-
dence that the defendants took the goods. Your verdict
must therefore be for plaintiff on that. You mean, I
'pose, to find that the removal was fraudulent, and
in arrear ?

rent nan—Yes, my Lord.
For
•ood deal of consultation, the Jury found for
After
•
the second and third issues, and for
the defenda.
181. (the general plea of not guilty
plaintiff on the
of the taking.)
-Nem; disposed to take another
His LORDSHIP St..
course, but
-
Mr. Sergeant Bolavas said
the Court would not go further.
rserib.aps at this late hour
siAt of Wog later
The Learned JUDGE said he thour„
than four (the hour then).
Mr. Sergeant TALFOURD—We do not -t4ually
later here, my Lord.
The Learned JUDGE—WeII, I am as little fond pi';
late sittings and as little disposed to introduce any un-
savoury innovations as anybody.—(Laughter.) But.
we have only tried three causes, one undefended.
Mr. Sergeant TALPOURD—On, that is very well
my Lord—we think that a very good days' work.
The Learned JUDGE—HaIf-past nine to-morrow, then.

KILRUSH PETTY SESSIONS.

" Those blasted Pines."—MANFAED.

A GREAT BORE.—Malachi Carrg, the aggrieved
one in this case, sported, on coming forward, a counte-
nance of which it was difficult to say whether dirt or
shrewdness were the preponderating characteristics, and
the left eye of which was,
" Like the lost pleiad, seen no more below."

Malachi, according to his own account of matters—
and practice has made him perfect in Petty Sessions'
detail—had for a length of time been subjected to a
series of petty persecutions at the hands of a certain
Mr. Pine, who now, as he expressed it, " stud hard by

him afore the coort out," looking in condition anything
but blasted, and togged in a smartly-cut frieze coat,
rather flashy vest, with whiskers and assurance to match.
Master Malachi was requested to enlighten his Wor-
ship as to the immediate cause of the action, and com-
menced accordingly—" Be my word, sir, an' be my oath
likewise, I was jest preparin', you see, for bed a Sathur-
day night last—an' if I was—l was sittin, you persave,
overright the fire openin' the knees o' me small clothes
(with respects to you), aa' takin' a puff o' the pipe, when
Misther Pine walked in, more free than welcome, in a
sort ov a flurry."
Pine—Oh, dickons have the liars, Malachi dear. I
kern into 3 ou sedate an' proper, didn't I, why ?
Garrig—Hurry no man's baste in the hate o' the day.
" Your pig is threspassin' on me, Malachi," says he.
• There's me pig snorin' like a secrethary o' state in the
corner," says I, goin' over and givin' the breute a pinch
o' the tongs in the are, the way she'd sing out an' make
a Bard ov him before all present.—(Laughter.) " That's a
nibor's pig," says he. "Be this blessed iron it is not,"
says I, houldin' up the tongs. " Arrah, lave off your
capers, an' go home," says me wife ; " go home Misther
Pine. An' God's pace be wid you, as King James said
to his hounds," says she. "Go to blazes," says he.
" You're an uncorrigible bligard," says she. " You're
a hard," says he, an' at that word out wid him.
MAGISTRATE—Remember, no long stories.

" I'll give your riverince my head on a block," re-
plied Malachi, " ov I keep you five minits longer. Well,
S:r, this boy (tapping Pine on the head) then wint over
the ditch o'me little haggard, an' before we could say,
d—l speed you,' or snow to your heels,' my little
door got a mallet ov a stone that ruz meself out o' the
chair it med rich an aycho."—(A laugh.)
Here Mr. Carrig came to a stand still, upon which
Mr. Pine rubbed his hands and protested that " he
wouldn't wondher at all ov he wint so far as to say,
twas he thrun id." _

" Bother !" quoth Malachi in continuation, " my
oinadacvn ov a wile was runnin to slip the bolt an' have
a look out for a curasity sake. ' Are you tired o' your
Lie woman alive ?' says I, or do you want to have only
two e}es beteune us (I'm dark your Worship ov me
right eye.—(Laughter.) Oh, be dad I am, teetotally
blind ov id tor one eye. Lave that boult fast for
irwrcy's sake,' says Ito the wife, for that was a great,
?uniper,' says I, an' there's more where it came from.'"
Pine—Eth:n, lave off your pishogues, sure 'twas at
a p;g I thrum one scone, an' may be it hot your place in
a mistake.
MAGISTRATE—Did he strike the house more than
once.
Malachi—More than once. D—l a stop he stopped,
till he played a regular theune on the same door, an' left
id in a manner all op-marked wid blows.—(Great
lauwhter.)
Mister Carrig, an Irish witness, corroborated his (Lies
testimony.
Pine—lndeed, Sir. 'tis just as I tould you.
Malachi—lndeed, Sir, 'tis no such thing. Arrah,
man alive, usen't I be comin' the road ov a moonlight
night, an' he's give me a powdher ov a sod ov turf in the,
poll behind, an' then say 'twas all for sport's sake, an'
that Jeuke Wellintin never med a betther shot.
MAGISTRATE—Well, go down now, and we'll bind
him to the peace.
" That's jest the cut ov id, so it is„" exclaimed Ma-
lachi, whose only optic glistened with delight at the
announcement, as he walked out, while Master Pine ,
commenced peering into the faces around Inn', in search
of "solvent and
responsible security."

There are no less than 115 prisoners in Dundalk
jail at present, a considerable number of whom are
charged with crimes emanating from the Ribbon system.
—Dublin Tory paper.