The Sun.
London, England, 1865-06-23 00:00:00

THE SUIN, LONDON, FRIDAY EVENING, JUNE 23, 1865.

LAW INTELLIGENCE—This Day,
COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE SIR J. J. R. MACKENZIE, BART.

This matter has been before the Court upon a great many
occasions, and to-day the bankrupt applied for his order of
discharge, the figures being very heavy, the debts and liabi-
lities being put at £195,000, and the assets depending upon
the realisation of certain estates in the country which had
been mortgaged to the late Earl Fitzwilliam and other
creditors. Upon the last occasion the bankrupt was al-
lowed to pass by his Honour, against whose decision an
appeal has been lodged by the assignees in the Court of
Chancery. _
Mr. Sargood, for the assignees, said that it would be
seen that the assets had been very greatly over-estimated,
and instead of being in surplus of the debts were in a
large deficit. It was very desirable that the accounts
should be put straight, and certainly Sir James should not
have been allowed to pass until this had been done.
Mr. Lawrence, for the bankrupt, urged that an appeal
upon a pure question of account would be extremely un-
desirable, and therefore Sir James would consent to award
the costs.
Mr. Sargood intimated that if the accounts were amended
the appeal would be withdrawn. There were, however,
certain matters which must be inquired into, and therefore
an adjournment must be ordered.
After some geEeral discussion another adjournment was
ordered, it being understood that if certain amendments
were made the appeal would be withdrawn.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
ABRAHAM V. BARTLETT AND ANOTHER.
This was an action to recover £2B 155., money advanced
to defendants, and £5 17s. goods supplied, defendants
pleading that the goods for which the money was advanced
hall been destroyed by fire.
Mr. Lewis, senior, appeared for the plaintiff, who is a
furniture dealer, Mr. Beard representing defendants, who
are furniture manufacturers

Mr. Lewis, in opening the- case, stated that his client had
employed defendants to make a parcel of furniture, and
defendants required some money on account. Upon this
plaintiff advanced a sum now claimed, and he (Mr. Lewis)
could not understand how the claim could be disputed,
though he understood that a very novel defence had been
set up. Defendants now said that there had been
a fire on the premises, and the goods for which
this money had been paid were destroyed by it.
Mr. Lewis contended that plaintiff could not be
at all affected by this fire, as the goods which defendants
were to have made were not completed at the time it
happened.
Mr. Beard on behalf of defendants took a technical objec-
tion to the jurisdiction of the Court, which was overruled.
Some discussion then ensued as to the question of ac-
count between the parties, and Mr. Lewis endeavoured to
show that defendants had not even commenced to manu-
facture the furniture, which was obliged to have been
destroyed, and that the money now sued for had been paid
to the use of the defendants.

His Honour thought this would resolve itself into a pure
question of account, because if defendants had made one
chair, the form of action would not lje.
Mr. Lewis said he would prove that nothing had been
done

Mr. Beard produced a number of invoices, and that the
money paid had been actually handed over in payment for
goods which were finished when the fire took place, and
thus the property was vested in plaintiff, who must also
bear the loss. _ _

_
His Honour thought this was a matter which might well
be referred to the registrar of the Lord Mayor's Court, as
he could go into all the facts. Leave will be given to the
plaintiff to amend his particulars of demand, and to de-
fendants to amend their pleas.
Referred.

POLICE INTELLIGENCE.--This Day.

MARLBOROUGH-STREET.

EXTRAORDINARY CHARGE OF CREATING A DISTURBANCE
AT THE PRINCESS'S THEATRE.-Mr. John Griffiths, coach-
maker, of 27, High Wakefield, was charged before Mr.
Mansfield with creating a disturbance during the per-
formance at the Princess's Theatre, and refusing to leave
his seat when requested to do so by the lessee of the
theatre.

Mr. Edward Lewis, of Great Marlborough-street, ap-
pealed for the defendant.
Mr. Wm. H. Sleigh, treasurer at the Princess's Theatre,
Oxford-street, said—Last night this gentleman occupied
one of the four seats in the upper circle which had been
booked by a gentleman in the morning. First of all, the
boxkeepers requested him to leave the seat, and as he re-
fused to do so I was called by a boxkeeper. I told the
defendant that persons had booked the seat in the morning,
and that he must leave it, at the same time offering him
another seat. The defendant caused a disturbance by not
leaving the seat, and causing persons to stand up to see
what was going on. The defendant was very quiet, but
obstinate. I had no other alternative but to give the defen-
dant into custody. It is the duty of the box-keepers to see
that persons who book seats have them.
By Mr. Lewis—Until I spoke to the defendant he was
perfectly quiet, and, in fact, he was so all the time. All the
seats in the upper circle were not booked, but a good many

were.
Mr. Mansfield—lf a person takes a place already let the
proprietor has a perfect right to turn him out ; but I do not
know that he can proceed any further with it. I should
be guilty of false imprisonment if I kept the defendant any
longer in the dock, and he is therefore discharged.
Mr. Lewis—lt is a gross case of interfering with the
liberty of a subject, and I do not think for a moment that
Mr. Sleigh could be acting under the authority of the re-
spectable manager of the theatre, Mr. Vining, in giving
Mr. Griffiths into custody.
Mr. Sleigh—l gave the defendant into custody on my
own responsibility.
• Mr. Lewis—Then you will have to answer for D. The
matter will not end here, you may rest assured.
Mr. Griffiths, with much indignation, exclaimed as he
was about to leave the dock—" What have I done ? I
have been dragged here and made to tread ground I have
never trod before."

THAMES.
SHOCKING DESTITUTION.—Timothy Flinn, a poor, miser-
able creature, apparently about the middle age, was brought
before Mr. Cooke charged with vagrancy.
Childs, a police-constable, No. 193 11, stated that he
found the prisoner yesterday evening in'Well-street,White-
chapel, near the Sailors' Home, and he was begging of
every person he met. Ho took the prisoner into custody,
and a more wretched creature he had never met with. He
saw the prisoner on Monday'last and gave him a ticket for
the workhouse of the Whitechapel Union, and showed him
the way there. The prisoner said he was turned out of the
workhouse. He believed the prisoner had seen better days,
and had been a mariner.
Mr. Cooke—What is the matter with the poor man ?

Childs—He has had a sunstroke.
The prisoner, who was shivering and seemed half pal-
sied, said he would rather be in a workhouse than out of it.
Roche, the gaoler of the court, said the prisoner was in
a most deplorable condition, barefooted, and his clothes, or
rather the remains of them, ware very filthy and rags
Mr. Cooke said he would remand the prisoner until
Monday, and directed inquiries to be made as to whether
he had been turned out of the unionhouse or loft of his
own free will. It would be unfair to blame the parochial
authorities until the truth was known.
Docx ROBBERlES.—Cornelius Culnan, an Irish labourer,
was brought before Mr. Cooke charged with stealing a
bottle of beer from the ship Sidney Hodges, in the East
India Dock.
The prisoner had been employed with others in loading
cargo on board the Sidney Hodges. Yesterday afternoon
Mr. Nunkell, the chief office; saw the prisoner and another
man descending into the lower hold. He inquired their
business, and they said they were going below for their
coats. He watched them, and when they came up again
ho saw a bottle of beer in the prisoner's breast coat pocket.
He immediately gave him into the custody of Charles
Douglas, a dock constable.
Douglas said there were 500 or 600 casks of bottled beer
in the lower hold of the Sidney Hodges, and produced a
bottle of beer taken out of a cask. It bore the same brand
and mark as the one taken from the prisoner. These rob-
beries were very frequent in the Docks. The labourers
who had access to beer and spirits plundered them to a
great extent in loading ships.
Mr. West, the prisoner's employer, said he had been in
his employ nine years and upwards, and he never heard of
his being in difficulty before.
Mr. Cooke said, in consideration of the high character
received of the prisoner; he should sentence him to 21 days'
imprisonment only.

SURGEON TO THE QUEEN FOR SCOTLAND.—We
understand that Mr. James Spence, F.R.S.E.,
F.E.C.S.E., Professor of Surgery in the University of Edin-
burgh, has been appointed Surgeon in Ordinary to the
Queen in room of .the late Dr. David Maelagan.—Edinburgh
Courant.

FATAL ACCIDENT AT A MUSIC WAREHOUSE.—
Yesterday evening a boy, named Thomas James Clark,
about 14 years of age, in the employ of Messrs. Novelle,
the music publishers, of Dean-street, Soho, lost his life by
the following means. It appears the deceased was engaged
in raising some bundles of paper to the top floor of the
building by means of a lift, and while on the fourth floor
he fell through the opening to the basement. Dr. Rogers
of Dean-street was immediately sent for, and on arriving
pronounced life to be extinct.

GREENWICH HOSPITAL OUT-PENSION. -A va-
cancy has occurred in the list of officers on the out-pension
of Greenwich Hospital for a commander R.N., value £65
per annum, in consequence of the death at Cheltenham of
that gallant and distinguished officer, Captain George
Hillier. The deceased, who had attained the advanced
age of 89 years, entered the navy in 1787, on board the.
Prod, 74.

SPORTING INTELLIGENCE.