The Sun.
London, England, 1862-01-17 00:00:00

LAWINTELLIGENCE.—(2his Day,

Price.

Paid.

'Business done

COURT O.F CHANCERY.
(Before the Lords Justices of Appeal.)
APPEAL-JUDGMENT-GRIESLEY V. MOrSLEY.
Lord Justice Turner said—This is an appeal from an
order of Vice-Chancellor Stuart on hearing the case, on
further consideration. The facts of the case are fully stated
in the appeal on the original decree, otherwise it would be
necessary to state them in detail, but they may be
shortly stated. Sir Richard Westley devised his estate
to Win. Mousley, under which some mines were allocated
at a time when he was his known and confidential adviser.
The indenture conveying the lands to Wm. Mousley ex-
pressly stated that the sum of £9,940 was paid to him as the
price. On 21st Feb., 1837, there was a mortgage granted
over the property for £7,734. Sir Richard Westley devised
all his real estate to Lady Sophia, his wife, for life, and
the remainder to his children entail. Lady Sophia died in
1837 and Sir Richard in 1847, and the plaintiff, his eldest
son, in 1852, attained twenty.one. In 1852
he filed a bill in this suit, and in 1855 he
filed another bill to set aside the sale by Sir Richard West-
ley to William Mousley. On hearing the cause the Vice-
Chancellor declined to set aside the sale, not only as against
, the plaintiff, but against Lady Sophia Westley. The certi-
ficate of the chief clerk showed that £3,000 of the price re-
mained due, and that the mines were opened in the lifetime
of Sir Richard Westley. His lordship (Lori-Justice
Turner), on considering the opinions of Lord El-
don and Lord Redesdale in the case of Lewis v.
Morgan, 5 Price, pp. 242 and 243, came to the
conclusion that it was absolutely necessary for the confi-
dential agent to prove that a bona fide contract of sale was
entered into, and that a full and fair price was paid for the
estate. It was the duty of a confidential agent or solicitor
purchasing from his client to protect his interest, and to
put him in the same situation as if he sold to a stranger,
and to prove that the price was really paid.
Lord Justice Knight Bruce was of the same opinion.
Lord Justice Knight Bruce and Lord Justice Turner
varied the decree of the Vice -Chancellor, except in so far as
it allowed a proof of money received from the mine or other-
wise, and allowed the appeal without costs.

fin 100

4i 5 d

SHERIFFS' COURT.
AN ADMIRAL'S OPINION OF TRH LAW—BURTON V. SMITH.
In this case, adjourned from a recent day, the plaintiff is
a British admiral, and the defendant had been his tenant,
the action being brought to recover tithes. Upon a former
occasion Mr. Buchanan successfully objected to plaintiff's
recovering, and the case was postponed for an amendment
of the particulars and agreement..
Mr. Buchanan now observed that as the particulars had
not been amended he supposed the admiral had withdrawn
from the action.
Mr. Green (for plaintiff)—My friend speaks hypotheti-

sally, for notice of withdrawal has been served upon him.
Mr. Buchanan—l have had no regular notice. If I have
you must prove it in the usual way.

The Court stated that the admiral had sent a communica-
tion respecting the suit. The admiral was of opinion that
if it was not competent in this court for a plaintiff to recover
payment of an acknowledged debt he thought it advisable
to withdraw.

Mr. Green remarked that the question would be tried in
another court, and the admiral's butler had fetched away
the papers.
Mr. Buchanan—Ah I
the admiral was rather at sea last
time.

The Court having intimated its opinion that plaintiff
could not recover unless under special agreement, the cause
was struck out.

ADVENTURER IN MINES.-IMPORTANT JUDGMENT,
COOK V. FULLER.

This was an action to recover £49 195., plaintiff being
an adventurer in the Pelyn Wood Mine, and defendant
purser of the same.

Mr. Robertson, for the defendant, objected to the juris-
diction of the Court, and the Court having overruled the
objection, the facts appear to be these :—Mr. Cook was re-
cently sued by workmen in the mine, and in three actions
he was condemend in debts and costs. The total amount
was £618; he now sought to recover £49 19s. as defend-
ant's contribution towards such payments. It was alleged
that there were 35 adventurers in the mine, and the plain-
tiff's case was that be was entitled to sue defendant as one
of such adventurers for his contribution, it being urged that
the sum now sought to be recovered was less than defend-
ant's share or contribution.

The Court ruled that it was not competent upon the
plaintiff to sue defendant in the present form of action.
Plaintiff should have sued each and every co-adventurer for
his share or contribution.

Mr. Whitehuret, for the plaintiff, thought he might go

The Court was of opinion that this is a statutory action,
and could not be maintained as against defendant solus.
Upon this intimation Mr. IVhitehurst consented to be
nonsuited.
Mr. Robertson applied for and obtained costs.

13s 6cll

71
1.7.2

POLICE INTELLIGENCE.—(This Day.,

MARLBOROUGH-STREET.

SAVAGE ASSAULT ON A CONSTABLE AT THE HAM YARD
SOUP KITCHEN.—Thomas Sullivan, a tall Irishman, was
charged before Mr. Tyrwhitt with violently assaulting
John Chapman, 79 C, and also Dray, 170 C, at the entrance
to the Ham Yard Soup Kitchen, Great Windmill. street.
Chapman, 79 C, who was evidently suffering acute pain,
said—Yesterday afternoon, at half-past two, I saw the pri-
soner standing at the corner of Ham Yard, near the Soup
Kitchen, with a large number of others. I told them all to
go down the yard, as they were causing a great obstruc-
tion, and persons could not pass along the street. Prisoner
said he had as much right to stand where he was as any
one else, but moved a little way down the yard. I then
went to speak to the superintendent of the kitchen, and on
coming up the yard the primer pushed against me, and I
fell on my hands. I asked the prisoner why he did it, and
he said he would kick my inside out. My hat
fell off.

Mr. Tyrwhitt—That shows what a useless thing it is.
Chapman—l stooped to pick it up, and the prisoner then
gave me a violent kick in a delicate part, and before I could
get up he knocked me down at on the ground, giving me
a severe blow on the head. Another constable then came
to my assistance, and the prisoner knocked him down on
the top of me. We took hold of the prisoner to take him to
the station, when he kicked me violently, and I fell. Pri-
soner then got one knee on my chest and another on my
body, and bit me on the forehead (the constable's forehead
bore marks of the prisoner's teeth), and also bit two of my
fingers. I then became so unwell as scarcely to be able to
walk.

Inspector Walker handed Mr. Tyrwhitt a certificate as
follows :

" I certify that police constable Chapman, 79 C, is suffer-
ing from a kick in the perineum.

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"F. D. ToTRILL, Divisional Surgeon."
Dray, 170 C, confirmed a portion of Chapman's evidence,
and proved being assaulted himself.

Mr. Tyrwhitt remanded the prisoner, who, it is said, was
once convicted for stabbing a man at Greenwich.
THE WAR BETWEEN ENGLAND AND AMERICA.—SIN-
GULAR CASE OF FRAUD.—Edward Smith, a coachman, of
4, Meard-street, was charged with being concerned, with
another, in defrauding Mr. David Arthur Samuel, builder,
of Belvedere, Kent, of a £5 note at the Plough, Rupert-
street.

Mr. Samuel said—l live at Belvedere, Kent, and yester-
day went into a house in Leicester-street, and there got
into conversation with the prisoner about the war between
England and America. After a short time prisoner said he
would take me to another house, where some one would
talk to me. Prisoner there said, "Who's going to bet
about the fight between Mace and King." He then sa'd,
"You bet, and I'll go you halves." I laid down a£s note,
saying I would only bet £3, and was to have -C2 back. I
had given the note to the landlord, telling him to give me
£2 back. I afterwards went out and asked the landlady for
the landlord, and shd said there was none, and that she was
a widow.

Mr. Tyrwhitt—You had been all the time taking some-
thing ?

Mr. Samuel—Never mind that. The prisoner incited me
to bet. The men all bolted—of Course, they did. It was
tha man who said he was the landlord that took my note.
The argument about the war was at the house.

Prisoner—Why, I never met you till six last evening.
You said you would like some alamode beef, and I took
you to a house to get some in Tichbourne-street. You
then said you would like a toothful and went to Rupert-
street. There was nothing said about the war with America.
A gentleman came in and you offered to make a wager that
Mace won the fight.

THE: SUN, LONDON, FRIDAY BVENING, JANUARY 17, 1862.

THE WINDHAM CASE.

•
This morning Sir Hugh Cairns made an application to
the Master to order that the examination of Mr. Windham
might be taken in open court instead of in a private room.
The young gentleman, he assured the Master, was most
anxious that such a course should be adopted, as he felt
that the justice ( f his case would enable him to go through
the examination with calmness and deliberation.

The Master thought the best course to adopt was to ad-
here to the arrangement of not taking Mr. Windham's
examination in public. In addition to the jury, counsel
on both sides could be present, and a short-hand writer
would also attend.

The learned counsel did not further press the subject, and
the hearing of witnesses was proceeded with.
A number of letters written by Mr. Windham from
Guernsey, Paris, and other places, during the last year
were read, and Mr. Martin, the person to whom they were
addressed at Felbrigg, explained the matters therein
alluded to.

The case for the defendant will certainly not close for
some drys.
____

THIS DAY'S MAREBTS.