The Sun.
London, England, 1862-11-20 00:00:00

SCURRY HANDICAP.

Peignoir
Neilgherry
Four ran.
COLUMN HANDICAP.

Charles Fox
Fairwater. . 2
Ten ran.
LONGLEATE HANDICAP.
Dead heat with Do't-Come-Late and Hesper.
Four ran.

LA W---THIS DAY.

SHERIFFS' COURT.
(Before Mr. Kerr.)

EXTRAORDINARY LITIGATION-AN INVISIBLE ATTORNEY

-WRIGHT V. KNIGHT.

This was an extraordinary dispute about a certain cheese,
and it has been productive of considerable litigation, Mr.
Buchanan appearing for the plaintiff, and Mr. Robertson,
of Crosby Halt chambers, for the defendant.
Upon the first occasion the judge (Mr. Gibbons) sitting
as deputy, refused to decide the case, as there was a direct
contradiction upon the evidence. A jury was summoned
and the case re-tried, when the jury were discharged with-
out giving any verdict. A second jury, however, settled
the matter by finding for the defendant, and Mr. Buchanan
at once applied for a new trial, which was granted for to-
day upon payment of costs.

To-day, M r. Robertson said, he had received notice that
plaintiff abandoned his plaint, and therefore he applied for
costs.
Mr. Buchanan—You had notice.

His Honour—Do you appear for the plaintiff, Mr.
Buchanan ?

Mr. Buchanan—Certainly not. I have no instructions.
The plaintiff has withdrawn, and there is no case before the
Court.

His Honour—You see, Mr. Robertson, yqu cannot com-
pel a plaintiff to go on with his suit unless he likes, and as
there is no cause before me I cannot hear you. I cannot
see you in law.
Mr. Buchanan—You are invisible to the court.

Mr. Robertson—lf the court cannot see me it can surely
hear me.

His Honour—l can hear you morally, but legally lam
deaf.

Mr. Robertson remarked that it was hardly fair to allow
a man to be tortured in such a manner, and the case, which
was only a £3 odd one, had already cost a great deal of
money in costs.

His Honour—The principle of the law is the same,
whether the amount is £3 or 3d.

Mr. Robertson—Then wo may have this great cheese
case before us again ?
Mr. Buchanan—Oh, it is a case of very stale cheese now.
Application refused.

POLICE---THIS DAY.

WESTMINSTER.

UNFOUNDED CHARGE.—Richard Cooper, a young man
of gentlemanly appearance and address, was charged with
an assault.

Charles Castle said—l am a tailors' assistant, and live
at 82, Tichbrook-street. I left Holborn at half-past 11
last night, and got into the neighbourhood of my home at
about half-past 12. I was crossing the Vauxhall-bridge
with a small umbrella in one hand and a carpet bag in the
other, when I was suddenly struck by this man. I was
struck across the nose, which made it bleed very much, and

feel the effects of it now.
Mr. Paynter—Did he say anything to you ?
Complainant—Not a word.

Mr. Paynter—Surely there was some provocation ?
Complainant—Not the least. When I was struck my
hat rolled off several yards. I followni the defendant and
gave him in charge, but the policeman seemed to be inti-
mate with him and said I was drunk.

Mr. Paynter—Were you drunk ?
Complainant—No, I was sober.

George Henry Witcher, 7 B, said he heard a cry of
"Police 1" in Moreton-street, at half-y,ast one this morning,
and I found complainant, defendant, and three other men.
Complainant gave the defendant in charge.
Mr. Paynter—Was he drunk or sober ?
Policeman—Drunk. On our way to the station com-
plainant went off the kerb no less than ten times.
Defendant—l know clothing about assaulting him. I
never touched him, and can prove it.
Joseph Simpson, of 23, Moreton-terrace, proved that he
and complainant had some difference about a hat being
thrown at the complainant, when the latter struck him with
his umbrella, and he returned the blow.

Mr. Paynter said defendant had been unjustly confined,
and discharged him.

Defendant asked for redress for his false imprisonment.
Mr. Paynter said he must apply elsewhere.

MARLBOROUGH-STREET.

BURGLARY IN OXFORD-STREET.—Robert Burns, Alfred
Osborne, and William Donovan, were charged before Mr.
Knox with burglariously breaking and entering the house
of Mr. George Adam, dealer in silver-plated goods, of 87,
Oxford-street, and stealing a large quantity of goods of the
value of £5O.

Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for Donovan.

Mr. Ackrill, 48 F, said—Between 10 and 11 last evening
in Queen-street, Seven Diais, I saw Donovan and Burns
and two others not in custody. Burns was carrying a
basket, and Osborne and one of the other men another.
They came out of No. 10, Queen-street, and all went into
No. 9. Having a suspicion, I went for assistance and re•
turned to No. 9 with Sergeants Holmes and Cole. We then
went into the cellar of No. 9, and found a quantity of pro-
perty, and then went to No. 10 and took the prisoners into
custody. Both houses belong to the prisoner Donovan.
By Mr. Lewis—First saw the prisoners at the bottom of
Queen.•street. I was alone at the time. I was about six
or seven yards from the prisoners and the other two. The
baskets the men had were like those produced. There could
be no mistake about it. After coming out of No. 10, the
whole of them went into No. 9. The two houses do not
join. It was between 10 and 11.

Sergeant Walter Holmes, 3 F, said—From information
I received from Sergeant Ackrill I went to No. 10, Queen-
street. Donovan said he should not go in. Afterwards
went to No. 9, and having wrenched off the padlock from
the door and entered, I f und the baskets produced, con-
taining a quantity of plated goods. I then sent Ackrill
and Sergeant Cole, 23 C, to No. 10 to take the prisoner into
custody, and afterwards searched the cellar of No. 10, and
found a knife rest, a crowbar, and a " jemmy," behind a
board.

Sergeant Cole, 28 C, said—About nine last night I saw
two of the prisoners, Osborne and Burns, near Crown
street, Soho, and knowing them I watched them, and saw
Osborne and another man go into a leaving shop, and then
with Sergeant Holmes and Ackrill went to No. 10, Queen-
street, when I saw Osborne outside. Having told some
constables in uniform to take charge of Osborne, we went

into No. 10, where Donovan and Burns were at supper.
Told them I must take them into custody, when Burns said
he would not go till he had finished his supper, and that,
with an oath, they were on the wrong scent this time. On
telling Donovan that he had a quantity of metal goods in a
basket in the house, he said, " By God I have not, and you
can search the place, and the - a thing will you find."
I then said if the things were not in that house they were
in No. 9, and we then took the two prisoners, Donovanand
Burns, into cuetoly, and then searched the next. house and
there found the goods.

Mr. George Adam, of 87, Oxford-street, said yesterday
morning I was informed by my servant that the place had
been broken open, and that several cases had been rifled of
their contents. The property produced belongs to me.
Sergeant Lambert, 12 E, said ---I went to the prosecutor's
yesterday morning, and found the place had been broken
open, and some articles were shown to me, including a
knife, which had been left behind by the burglars. I
found marks on one of the glass cases corresponding with
the knife. I also found that a small grating in Market-
street had been forced, and by this means persons had got
into the warehouse. There were marks as if the grating
had been recently opened.
Mr. Adam—All the goods were safe at 10 o'clock the
previous night.

Mr. Kuox—l shall grant a remand.
Mr. Lewis—Will you take bail for Donovan, sir P
Mr. Knox—l shall most distinctly refuse bail for any of
the prisoners.

SHIPPING---THIS DAY.

(BY MAGNETIC TELEGRAPH.)

SOUTHAMPTON, Thursday Morning.
Arrived—Havre steamer, from Havre ; Victoria, fro ot
Cronstadt; Ann, from Havre; Atalanta, steamer, from
Jersey.
Sailed—Argyll, steamer, for Carentan.
GRAVESEND, Thursday Alorning.
Arrived—Providence, from Gravelines;
from Engelholm.
DEAL, Thursday ruing. Mon
Passed, Nov, 19—Rhada of Salcombe, from n
Swansea.
Sailed—Leven, for London, after baying been supplied
with an anchor and 15 fathoms of chain from hence.

THE HEALTH OFTHE SuLTAN.—The Ottoman
Embassy, in consequence of 'official news received from
Constantinople, consider it their duty to give a public
denial to the false reports spread by ill-intentioned persons
respecting the health of the Sultan. His Imperial Majesty
enjoys perfect health.
Importing Tea without colour on the leaf pre-
vents the Chinese passing off inferior leaves as i!). the usual
kinds. Horniman's Tea is uncoloured, therefore a'ways
goof? alike, Sold in packets by 2,280 agents.