The Sun.
London, England, 1837-01-17 00:00:00

TYLER V. BELL.

This case came before the Court upon two demurrers
for want of equity and parties to the Bill, which was filed
for an account of the personal estate of Mrs. Mary Mol-
croft. The arguments were not concluded when we left the
Court.

KING'S BENCH.-(THIS DAY.)

THE LING V. KOOPS.

This was an indictment for perjury alleged to have been
committed by the defendant in swearing to a certain state-
ment of his property delivered in to the Insolvent Court
on the Ist of July, 1834, preparatory to filing his petition.
It appeared in evidence at the trial that the defendant was
arrested and committed to the Fleet prison on the 21st of
December, 1833, on a writ of ne excat regno, and was sub-
sequently detained for a debt of 301. owing to a creditor
named Cook. By the 10th section of the Insolvent Act,
any debtor was at liberty to apply fbr his discharge
wi thin 14 days after his arrest ; and afterwards pro-
vided the Court upon a statement given in by the
insolvent should consider it reasonable to allow him
to do so. In the present case, the insolvent having been in
custody in December 1833, did not make any application
until the month of July following, and he then delivered in
a statement upon oath, setting forth the property in his
possession at the time of his arrest, the nature and amount
of the excepted articles, and the manner in which he had
disposed of his effects. In that document, sworn to before
the proper officer of the Court, he admitted having, when
committed to prison, in his actual custody, property of the
value of 4001., and he accounted for its disposal by taking cre-
dit for 1501. for his support, and the remainder was disposed of
between several attornies whom he had employed. Upon this
perjury was assigned, and it was proved in evidence that
on the day after his arrest, he sold out stock to the
amount of 9001., and afterwards disposed of two freehold
estates of the value of 2,000/. On the part of the de-
fendant it was objected that the evidence proving the prac-
tice of the Court was confined to that of a person who
spoke, not from his own knowledge, but upon what he de-
rived from a printed paper, and was, therefore, insufficient ;
next, that the matter of the affidavit was not material ;
and thirdly, that the offence, if committed, was not a per-
jury, but another kind of misdemeanor, punishable under
a different section of the Act. The defendant was found
guilty, and the question of law reserved for the opinion of
the Court.

Mr. GRIFFITHS, on a former day, obtained a rule nisi to
enter a verdict for the defendant ; and this morninc,
Mr. EI:LE appeared, to contend that it should' be dis-
charged. He submitted that the proof of the practice of
the Court was such as should be admitted in evidence,

having been the printed copy of the rules hung up in an
office adjoining the Court, and by which its practice was
regulated. As regarded the materiality of the matter de-
posed to, there could be, he said, no question, inasmuch as it
was a statement of the insolvent's effects, which would regulate
the Court in allowing him to appear by petition before
them. With respect to the third objection relied on, he
thought the 70th, not the 71st section of the Insolvent Act,
was that which was applicable to the present case, for the
Insolvent had not arrived at that stage of proceeding which
would bring it within the meaning and operation of the
latter.

The COURT was of opinion, that, without going into the
other questions, there did not appear to be sufficient evi-
dence at the trial respecting the practice of the Court, and
the defendant should therefore be entitled to an acquittal.

EXCHEQUER. COURT.-(THIS DAY,

(Sittings in Banco.)

HAMILTON V. ANDREWS

This was an action brought by a tailor to recover the sum
of 431. for goods supplied to the defendant, who is an officer
in the army. It was tried at the London Sittings after
last Term, before Mr. Baron Gurney, when a verdict was
found for only 361.
Mr. HumFREY now moved for a rule, calling upon the
plaintiff to show cause why he should not pay the defen-
dant's costs, he having been arrested and sued for a larger
sum than the jury found to be due. The application was
made on the authority of the 43d Geo. 111. The defendant
owed the sum of 36/. on his own account. It was proved
at the trial that the brother of the defendant was also a
customer of the plaintiff's, and was indebted to him in the
sum of 71. The Learned Gentleman said it was clearly
shown that the credit had been given to the brother, and
that, in fact, the plaintiff had opened a separate account
for him in the books ; but finding that the plaintiff was
about to join his regiment in India, lie took out a writ
against him, and, without a shadow of reason, had included
the brother's account, and arrested the defendant for 431.
Mr. Baron GURNEY said there were some letters put in
which gave the case it different colour. The defendant
wrote to the plaintiff, and said he was sorry that his offer
of an acceptance, payable at four months after he joined
his regiment, had not been accepted, as he was short of
money, and had his brother still on his hands ; and in
another, he used the words, " You know that I have my
brother to support."
The COURT enquired whether the brother was a minor
Mr. HumFttur —No ; it was not even suggested at the
trial.

Rule granted.

A fog of unusual density came over the metropolis
about twelve o'clock this day, and at the period at which
we are now writing—two o'clock—continues in all its gloom.
Seldom, even in the month of November, have we had to
record so deep and blinding a fog. Judging from our own
condition, candles and gas-lights must, we suppose, be uni-
versal throughout London. The darkness is as complete as
if it were an hour past twilight.

ODESSA, DEC. 23.—A ship belonging to M.
Grassemoff, merchant in Cherson, commanded by Captain
Sirign, left this port in September for Suchum Kale. Being
becalmed on the coast of Circassia, she cast anchor, and
was immediately attacked by the Circassians, who made
themselves masters of it without opposition, and having
plundered it set it on fire. The crew, who were without
arms, fled to Gagza. After this event, and many of a simi-
lar nature, it might be advisable for ships bound to Ab-
chasia and Mingrelia, to be provided with arms, that they
may not become a prey to these daring mountaineers.—
Odessa Journal.

Meunier had an interview with his mother yesterday,
which it appears made a deep impression upon him, as he
was greatly convulsed for a considerable time, but, notwith-
standing the earnest entreaties of his mother, he could not be
prevailed upon to make any disclosures. For some time past,
it was generally reported that Meunier had accomplices, and
that the police, in consequence of the most active re-
searches, had already succeeded in tracking them. How-
ever, Meunier's tenacity, and his persistance in his first
declarations, flatly contradict these ill-founded reports.
People have not forgotten that on the day after his arrest,
when he still refused to say who be was, his uncle, Barre,
suddenly appeared before him in prison, and that this
abrupt and unexpected visit, and the tears and prayers of
the old man could not cause him to make any confession.
He has since, at separate intervals, undergone very long
interrogatories. In vain were his manner of living and connex-
ions since 1830 sifted over and over again ; he persevered in
his system, gave the same answers ; his crime appeared
to have been conceived and executed by himself alone, with-
out any instigator or accomplices. Yesterday the discovery
of the truth was sought to be obtained in a fresh way.
Meunier had not seen his mother since his arrest. She
suddenly entered the Magistrates' room, where he happened,
to be. The unfortunate woman burst out in tears, em-
braced him with all a mother's fondness, and, calling him
by the dearest names, entreated him to divulge his accom-
plices if he had any, hoping probably to avert part of his
sentence by a revelation. Meunier could not resist these
marks of tenderness ; his emotion was so great that he en-
tirely lost his senses. This heart-rending scene had greatly
weakened him ; but, on recovering himself, he declared, as
before, that he was the only author of the deed, and that he
had no accomplices. Arrests, however, continue to be
made, and M. Lavaux, the relation, at whose house he had
worked, who had been arrested and dismissed, waS'once
more arrested yesterday after a second interrogatoryo—Droit.

LLOYD'S SHIPPING.-(TkilS DAY.)

DEAL, JAN. 16.—Light wind from the N. W., hazy.—
Arrived, the Medora, Sergeant, from Africa ; Janet, Chal-
mers, from the Mauritius ; and Courier, Graves, from Con-
stantinople.
PORTSMOUTH, JAN. 16.—Wind, N. N.E., light breezes.—
Arrived, the Fl ivridship, Bailey, from Palermo. Sailed, the
General Kydd, Foord, for Madras and Calcutta ; and Cathe-
rine, Rukmer, for Rotterdam.
PLYMOUTH, JAN. 15.—Arrived, His Majesty's ship Scor-
pion, from Mogadore ; the Emerald Isle (steamer) —,
from London ; and Lady Clinton, —, from Christiana. Off
port, the Treasurer, Terry, from Odessa.
FALMOUTH, JAN. 13.—Wind, N.E., moderate.—Arrived,
the Creole, Tullock, from London for Rio Janerio. Sailed,
the Garryone, Tiller, for Rio Janeiro ; and Maria, Krohn, for
New York.
RAMSGATE, JAN. 16.—Sailed, the Smear, —, for South
Australia ; Rose Hill, Harrison, for Dublin ; Leda, Jose, for
London; and Highflyer, Newton, for ditto.
CowEs, JAN. 16.—Arrived, the Harvest, Fuller, from
Alexandria.
DOVER, JAN. 16.—Off port, the Weser, Hohorst, from
Philadelphia.
LIMERICK, JAN. 14,—Arrived, the Breeze, Pattison, from
London.
LooE, JAN. 14.—Off port, the Juno„ from Santander.
LOWESTOFE, JAN. 14.—The Prince of Brazil, and the
George and Eleanor, which were on shore, were assisted off
this morning, but during a strong gale from N. W. to N. E.
the former was driven on the beach full of water, and the
latter abandoned, but is riding near the flats.
NEW YORK, DEC. 14.—The Telma was below New Orleans
on the 20th ult., with loss of mizen mast. The John, Lud-
gins,lat Philadelphia, outward bound, was cut through by the
ice on the 9th inst.
HAVANNAII, DEC. 14.—A brig, under British colours, struck
at Cayo Innes de Sota, on the 29th Oct., where she left 169
bags of Tobago Pepper.

The Brothers, Stevenson, from London to Constantinople,
was abandoned on the 2d inst., off Cape St. Vincent.
The Iris, Ferguson, from Leith to Odessa, sunk in the
Pentland Frith, on the 12th inst.—crew saved.
The Meta, Hurst, from Odessa to Newcastle, was totally
lost on the Cross Sand on Sunday night—crew saved.