The Sun.
London, England, 1865-11-28 00:00:00

THE SUN, LONDON, TUESDAY EVENING, NOVEMBER 28, 1865.

LAW INTELLIGENCE—This Day.

COURT OF EXCHEQUER.
(Before Mr. Baron Martin and a Special Jury.)

SAUNDERS V. WHITE.

This was an action by the plaintiff to recover
damages against the defendant, who had formerly
held the rank of captain in the army, for an alleged
assault arising out of a betting transaction. The
evidence for the plaintiff went to show that at
Goodwood races a bet was made between the
parties, which had not been paid at the usual time
for settling after the race. On the defendant
meeting the plaintiff at the races held last summer
on Ascot Heath, the defendant assailed him in
a most unjustifiable manner, called him a "welcher,"
and seized him by the collar, and from the manner
in which the crowd were excited by the language of
the defendant, he was violently pitched over the
ring on to the race-course, and subjected to other
indignities of a most unwarrantable and unjustifi-
able nature.

For the defence, it was given in evidence that,
although the defendant called the plaintiff a
" welcher" and held him by the collar while the
stewards of the course were sent for, in order to
identify him, no further violence was used. On
the contrary, he endeavoured by all the means in
his power to prevent the plaintiff from being
roughly handled by some other persons who were
on the course, and who eventually set upon the
plaintiff and forcibly ejected him over the rails.
Another point alleged against the plaintiff was that
he held his fist in defendant's face in the most in-
sulting manner and threatened to inflict personal
violence upon him.
The learned Judge summed up the evidence, and
the jury returned a verdict for the plaintiff.
Damages one farthing.

COURT OF DIVORCE.
(Before the Judge Ordinary.)
C TIETWYND V. CHETWYND-JUDGMENT.

The Judge Ordinary gave judgment this day in
this case, in which the painful matters now involved
were the custody of the two children. His lordship
having expressed a wish that some other persons
than, the parents should be chosen, Sir G. Chetwynd
and Lady Hammer were fixed upon, and his lordship
confirmed the choice, and ordered the children to be
confided to their care. With respect to the amount
of alimony to be allowed the petitioner, he thought
that some consideration ought to be given to the
position in which the respondent had been placed.
He said he had been involved in debts to the amount
of £8,000; that the costs of his wife in the late trial
had been very heavy, and that from one cause or other
his income had been brought down to £1,140. He,
(the learned Judge) therefore, thought that the
sum of £2OO per annum should be paid for the keep
of the children, and the petitioner should be allowed
£250 per annum so long as she continued chaste
and single.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE JOSEPHS.

This bankrupt was described as a clerk in the
Civil Service, and to-day he applied for his release
from custody.
Mr. Lawrence supported the application, which
was opposed by Mr. Chidley, a creditor for £BOO.
His Honour ruled that the bankrupt could not be
released from custody until the appointment of
assignees.
Application refused.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
THE BEAUTY OF THE LAW.

In a case which came before the Court this morn-
ing, his Honour discovered that he had no jurisdic-
tion, and told the plaintiff that the process had been
granted in error. Under the old system it was true
that the Court would have had jurisdiction, but
under the new Equity Bill it has passed away.
Plaintiff said he would much rather that this
Court had retained its privilege.
His Honour remarked that no doubt the business
was better managed under the old system, and,
as the present process had been issued in error, the
fees would be returned. If the matter had gone
on and plaintiff had issued execution, defendant
would have had an action at law against plaintiff
and not against this Court. That was the beauty
of the law. (A li'ugh.)
Plaintiff said he was not at all pleased with the
alteration, arid the process was withdrawn.

MASTERS BOUND TO KEEP SICK APPRENTICES.-
JEFFREYS V. BIGG.
This was an action to recover sick money, plain-
tiff being an apprentice.
Defendant did not consider that an apprentice
could claim sick money, and in addition stated that
he did not believe plaintiff wag really ill.
Plaintiff said he had a doctor's certificate.

His Honour ruled that a master was bound to
pay to keep an apprentice or pay his wages during
illness, and if the apprentice really were not ill he
could be punished under his indentures.
Verdict for the plaintiff.

Fire and Loss of Life—This Day.

This morning a very alarming and calamitous
fire took place in the premises belonging to Mr.
Whitement, tailor, situate at No. 20, Tabernacle-
walk, St. Luke's. The fire was first discovered by
a police constable of the G division, who at once
raised an alarm. All, with the exception of a
child 11 years of age, managed to effect their
escape ; but unfortunately the flames made such
fearful and rapid progress that no one was able to
get to the room in which the child was sleeping.
Conductors Pufey, Steer, and Butterworth quickly
attended with three of the Royal Society's escapes,
and the engines of the parish and London Brigade
with several land steamers, by Shand, Mason, and
Co., followed in rapid succession, but by that time
the building from the base to the roof was enve-
loped in a tremendous sheet of flame, thereby pre-
venting the firemen or conductor from entering in
search of the unfortunate girl. Plenty of the New
River Company's water having been procured, the
firemen, under the direction of their superior officers,
went to work in their usual intrepid manner, but
they were unable to get the conflagration extin-
guished until the entire range of premises and the
contents were completely destroyed. The poor girl
was afterwards found burnt to death. The charred
body was removed for an inquest to be held on it.
The origin of the catastrophe is unknown.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

A SOLICITOR CHARGED WITH WILFUL DAMAGE
AT THE PRINCE OF WALES THEATRE.--Mr. James
Gallager, solicitor, of No. 38, Euston-square, was
charged before Mr. Tyrwhitt with wilfully breaking
a pane of glass at the Prince of Wales Theatre,
Tottenham-street, the property of Mr. Charles
James, the lessee and manager of the theatre.
Mr, James said that about 11 o'clock the previous
night, while in the saloon of the theatre, he heard a
crash, and on going outside he found a pane of
glass broken. It was not on account of the value
of the glass that he was induced to come forward,
but in consequence of the frequent annoyance he
received from persons outside the theatre.
George Rowsely, of 16, Little Windmill-street,
proved seeing the defendant deliberately aim at a
glass globe of a lamp with what he (witness) be-
lieved was a potato. The defendant missed the
globe, but broke a window. Mr. James came out,
and he (witness) told him that the defendant had
broken a window and went after him, and the con-
stable came up and took him into custody.
In answer to Mr. Tyrwhitt, the witness said he
heard the defendant say, "I'll break it if I can,"
when he threw.

Leaker, 158 E, said the defendant admitted
throwing a potato, but not with the intention of
breaking the window.

The defendant said he was with a friend and
went into a potato shop. On coming out he dropped
the potato into his friend's hand. His friend said
it was very hot cooked, and out of a lark he threw
it away, but had no intention of breaking the win-
dow. Five shillings was demanded of him for the
window, which he refused to pay.
Mr. Tyrwhitt—Now you will have to pay the
value of the window, 2s. 6d., and a fine of ss.

The Fenian Trials.

OPENING OF THE SPECIAL COMMISSION.

DUBLIN, Monday Night.

The Special Commission charged with the trials
of the prisoners accused of having been members of
an organisation established for treasonable pur-
poses—the deposing of her Majesty's authority in
this country, and the substitution of a republican
form of Government—•was duly opened this morn-
ing in the Court House, Greene-street.
The event has, of course, created great interest,
but the proceedings seem to have been deprived of
a large share of attraction by the recent escape from
Richmond Prison of one who was esteemed, whether
rightly or wrongly, as the principal of this very
desperate and foolish enterprise. Notwithstanding
this drawback the opening of the Commission ex-
cited considerable interest, as being unusual, and of
a nature almost extraordinary.

I cannot say, from anything I observed, that
much interest was evinced in the persons who arc
to be tried. There were, as usual, on such occa-
sions, large crowds assembled in the neighbourhood
of the court, but for the most part those constitut-
ing the crowds appeared to have bad no higher or
more serious motive to gratify than a mere curiosity,
or a desire to learn what was taking place within
the precincts. Added to these attractions, it should
be mentioned that the present Special Commission
is the first that has been issued for this city since
that which tried Robert Emmett in 1803.

Admission to the court was difficult to obtain,
and it would seem that stringent orders were issued
to the police to prevent crowding or loitering in the
passages, but notwithstanding that the police were
very chary in according admission the court was
well filled.

The Sheriff, Mr. Boyse, and his deputy, were
early at their post, and were indefatigable in their
efforts to accommodate every person entitled to
su-,th a courtesy. The crown solicitor was one of the
first official arrivals.

Shortly before 10 o'clock, Mr. Lawson, the attor-
ney-general, accompanied by his colleagues, the
solicitor-general, and the castle adviser, Mr. Sulli-
van and Mr. Barry, made their appearance. Mr.
Isaac Butt, who is the leader for the defence, did
not appear in court till after the charge. A few
minutes after ten a cry of " Hats off " announced
that their lordships had arrived, and the Right Hon.
W. Keogh, with the Right Hon. J. D. Fitzgerald,
Justices of her Majesty's Courts of Common Pleas
and Queen's Bench, emerged from a side door, and
took their seats. Their lordships were accompanied
by the Lord Mayor, as one of the persons named
in the writ of commission.

Proclamation having been made, and the writ for
holding the court read, the commission was an-
nouncsd opened. Then followed the calling of the
grand panel, and the empannelling of the grand
jury, and this having been accomplished,
The Right Hon. Mr. Justice Keogh proceeded,
amid the deepest silence, to deliver the " charge."
The learned gentleman spoke slowly, and so-
lemnly, and distinctly. He lamented the occasion
which had necessitated their assembling, descanted
on the folly and enormity of the charges
laid; and having eulogised the constitution and
institutions of the country, he proceeded with
care and minuteness to point out the pro-
visions of that particular law which they were
there to assist in carrying out. His lordship
continued to say —Your duty is to see that such a
case is made out against the prisoners as will war-
rant you in sending them forward for trial before
that other jury which, on the hearing of the evi-
dence on both sides, has to pronouce a verdict of
guilty or acquittal. In discharging your duty you
should resolve to be free from every consideration
except the evidence brought before you. You
should not, and I am sure will not, allow any timo-
rous apprehension to sway you from the line of
duty, nor will permit any panic, public or private,
to urge you unto what was so faithfully described
by that honour to our country, the late Chief
Justice Bushe, as a blind, rash, indiscriminating
zeal and exasperating energy, more resembling the
temper of war than the staid step and sober-minded
character of Justice. Approach the discharge of
your duties firmly, temperately, and with easy
minds. If the spirit of insubordination is abroad,
the just and vigorous administration of the law is
more than sufficient for its suppression. Up to the
present time it has been found so, and I confidently
trust that the returning reason, and let me say old
good nature, of our fellow-countrymen will conspire
to render any extraordinary power unnecessary.
The grand jury then retired, and after a length-
ened absence, returned true bills against Lubye
Hopper, O'Donovan, and O'Leary.
The Court rose at five o'clock.