The Sun.
London, England, 1862-04-16 00:00:00

COURT OF EXCHEQUER.

(Before the Lord Chief Baron and Barons Channell, Bram-
well, and Wilde.)
OLENDINNING V. THOMAS.

Mr. Honeyman showed cause against a rule obtained last
term by Mr. Laxton, calling upon the defendant to show
cause why an attachment should not be issued against him
for contempt in not obeying a subpaena'served upon him to
produce certain documents required for the purposes of the
plaintiff's action, which was brought for breach of promise
of marriage, and for the maintenance of an illegitimate child
to which the plaintiff had given birth, and in consequence
of the non-attendance of the defendant, the plaintiff's
counsel were compelled to withdraw the record, The learned
counsel produced an affidavit of the defendant, in which he
represented that there had been no wilful default on his
part, and that he was in attendance in the neighbour-
hood of the Court, and that the cause had been called
on without his knowledge, and that no one on the part of
the plaintiff called upon him to attend, nor did he hear his
name called. The learned counsel then submitted there was
not sufficient contempt to justify the motion for an attach-
ment, but if the plaintiff sustained any real damage then an
action might be brought.
Mr. Laxton having been heard in reply in support of the
rule,

The Court decided the alleged contempt was insufficient
to justify an attachment, and therefore discharged the rule
with costs.

BURGESS V. MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE

RAILWAY.

Mr. Macauley, Q.C., moved in this case, on the
part of the defendants, for a rule calling upon the
plaintiff to show cause why a verdict found for him
with £lOO damages should not be set aside and (a new
trial granted. The action was tried before the Lord
Chief Justice, at the last Lincoln Assizes, and was for injury
sustained by the plaintiff in consequence of the tire of one
of the wheels of the railway carriage breaking, in which he
was riding near Gainsborough Station on the 15th of De-
cember, 1860, during a snow-storm, which caused the car-
riage to be detached from the train, and no less than 13
persons were thrown out, but owing to the fortunate cir-
cumstance of a heavy fall of snow none of them were se-
verely injured. The defendants contended that the break-
ing of the tire of the wheel did not arise from any neglect
on the part of the company, or their servants, and arose
from circumstances over which they had no control.

The Court intimated that it would consult the Lord
Chief Justice before it gave its decision.

31:1BBJEES' UU U itT.
(Before Mr. Kerr.)
A BROTHER SUING A BROTHER—DAMM V. DAMM.

This was a plaint to recover a small sum, Mr. Buchanan
appearing for the plaintiff.

It appeared that the parties were brothers, plaintiff being
the elder. The claim was for 17s. 6d. collected, as alleged,
by defendant after he had left plaintiff's service, and £2 for
a coat.

In giving a verdict his Honour said—These persons are
brothers ?

Mr. Buchanan—Yes.

His II onour—Br•ther and brother—nice brothers.
Mr. Buchanan—When brothers fall out they do very
strange things. •

A FINE ARTS GALLERY IN MINCING-LANE-MEADOWS T.

ACOMB.

In this case the plaintiff is an artist, and the defendant
manager of the Mincing-lane sale-rooms. It appeared that
the defendant dealt in pictures, numbers of which were to
be seen in his rooms. 'lle plaintiff had sent some pictures
to the defendant, and the question was whether they had
been sold out and out or merely left with defendant as a
dealer.

After hearing somewhat contradictory evidence, defen-
dant denying that he dealt in pictures, and stating that
those hanging in his room were exhibited by another per-
son, his Honour found that in a case of this kind he could
not decide, and the parties must have a jury.

POLICE-THIS DAY.

MARLBOROUGH-STREET, THIS DAY.

A RUNNING MATCH IN HYDE-PARK.—Thomas G. Con-
gerton, 27, North-street, Lisson-grove, a cabinetmaker,
was charged before Mr. Tyrwhitt with behaving in a dis-
orderly manner in Hyde-park, by running a race with
others to the common danger of foot-passengers, contrary
to the regulations of the Commissioners of Police.
Alexander Aberdein, 515 A, said that on the previous
evening, about seven o'clock, he saw the defendant and
about 20 others on a footpath in the park, and the defendant
and some of the others took off their clothes and commenced
running a race. He then went up to them, and they pu
on their clothes and walked about.

The Chief Clerk—What harm were they doing.
Constable—They were in the public thoroughfare, on the
footpath, and people were passing.
Mr. Tyrwhitt asked whether they ran against any one.
Constable—No, only against their own company. They
ran about 300 yards.

The defendant said he did not think there was any harm
in doing it.

Mr. Tyrwhitt—A very odd view of the law seems to be
taken by some people here. If you (defendant) want to
run a race you had better not go on the footpaths.

The defendant was then discharged.
IMPORTANT TO TRADESMEN.—Mr. Nathan Wolff Jacob-
son, of 311, Oxford-street, appeared before Mr. Tyrwhitt to
answer the complaint of the police for allowing his horse
and cart to stand in front of his premises longer than was
necessary for the purposes of loading and unloading.
Sergeant Smith, C, proved seeing the defendant's horse
and cart standing in front of the house above an hour, the
horse feeding from a box, and no loading or unloading
going on. Ho had cautioned the defendant before. He left
a constable to notice when the horse and cart were removedt
and he said they were not removed for a long time after.
Defendant said that on the 4th of April, the day in ques-
tion, he had a heavy order in hand for goods going to New
South Wales. The horse and cart which were employed
in his business were there merely while the boy who had
miasoarntihning
g Was having his dinner.
of daily occurrence.
b e esne r ogue ta
nt with t
Smithh e msaid
l th
we
Th defendant said other tradesmen in Oxford-street had
their horses and carts standing in front of their houses, and
he had a frontage of 62 feet.
Mr. Tyrwhitt said the real offence was making, as Lord
Ellenborough said, a stable yard of the public highway.
He should fine the defendant 58:And costs.

REPRESENTATION OF LAMBETIL—A hole-and-
corner meeting of the friends of Mr. Doulton was held last
evening at the Horns Tavern, Lambeth, to take into consi-
deration the present state of the borough arising from the
anticipated resignation of his seat in the House of Commons
by Mr. Roupell, one of the members for Lambeth. A reso-
proposed Mr. Begley
was a cut-and-dry
ssooanli
eud, t
it
toonr it
appearednhefapvuoruptroo of Mr. ,molfr
t.bhDr
ianot ugtlihtuoegnmb.
meeting
forward Mr. Doulton. He
wished to know whether that was the case. Mr. Holland
denied that he was, directly or indirectly, connected with
any one in mentioning Mr. Doulton's name. Mr. Begley
said the result had proved he was right in his first state-
ment, that that was a cut-and-dry meeting for a special
purpose. He protested against the course pursued, and
moved, as an amendment, that a committee of gentlemen be
appointed to look out for candidates. No seconder being
found for the amendment, the resolution WAS agreed to.