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

SHERIFFS' COURT.

AN ADMIRAL'S OPINION OF THE Lilf-BURTON Y. 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not been amended ho supposed the admiral had withdrawn
from the action.

Mr, Green (for plaintiff)—My friend speaks hypotheti-
cally, 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 lasi
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.

£49 195., plaintiff being
an Th This was an
adventurer
in
theactionto
p erleyeno
WoodrMine, 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 tho 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. Whitehurst, for the plaintiff, thought he might go
on.

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

POLICE 2NTELLIGENCE.—( This Day.)

MARLBOROUGH-STREET.

SAVAGE ASSAULT ON A CONSTABLE AT THE HAM YARD
SOUP KITCILEN.—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 ray -- 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 flat on the ground, giving me
a severe blow on the h( ad. 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 en 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.

"F. D. ToTILILL, 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 WAIT. BETWEEN ENGLAND AND AMERICA..—SIN-
GULAR CASE OFAun.—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 said,
" You bet, and I'll go you halves." I laid down aXS note,
saying I would only bet £3, and was to have •S 2 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 she said there was none, and that she was
a widow.

Mr. Tyrwhif t---You had been all tho 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
the 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.

Robert Parsons, son of the landlady of the Plough,
Rupert-street, said prosecutor and prisoner came in and
had some drink: Prosecutor came out and asked for the
landlord, and ho told him there was none. He then sa'd
he had given the landlord a £5 note, and he would not
leave till he had it. He had only seen prisoner once before,
and then he left without paying for some half-and-half.

Lees, 341 A, said prosecutor had been drinking. He
took the prisoner into custody and found that he had
changed a half-sovereign at the Black Horse.

Prisoner was remanded.

A few days ago, whilst two young ladies, Miss
Rose O'Grady and her sister, were walking in their demesne
at Newcastle, county Limerick, they were attacked by an
insane man named John Keeffe, who assaulted them with
a stone and inflicted very severe injuries on their persons.
Their shrieks attracted the attention of their coachman and
another servant, who came to their assistance and arrested
the offender, and handed him over to the police, who had
him committed to bridewell pending investigation by the
magistrates.

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