The Sun.
London, England, 1862-01-27 00:00:00

1859.

LAW INTELLIGENCE—(This Day).

COURT OF CHANCERY.
(Before Vice-Chancellor Sir William Page Wood.)
MOTION FOR DECHEE.-JUDDMENT.-ST. THOMAS'S

HOSPITAL V. CHARING-CROSS RAILWAY.
His Honour the Vice-Chancellor said,—This case comes
before me on a motion for decree which has now been
argued. The whole case rests on a point of construction in
a clause of the act of Parliament which contains the provi-
sions necessary for the protection of St. Thomas's Hospital,
in regard to the property that the company had a mind to
take. Now, by this clause it is declared that the directors
of the company shall not enter upon any lands until after
the expiration of one year after giving notice, and that they
shall not take the lands and hospital until 18 months after
giving notice. Now the question is whether, from the
usual notice given, the land being required for a public
railway, they are entitled to take the land at the expi-
ration of a year, or whether they are required to give
18 months' notice. The question raised on the part of the
hospital is that the company are not entitled to take ant
part of the land, or the hospital, until 18 months' notice is
given and expired of their intention to take the land and
the hospital. His Honour, in considering the seventh
and sixty-eighth sections of the Railway and Lands Clause
Consolidation Acts, was of opinion that the plain-
tiffs were entitled to a decree restraining the
defendants from entering on the land of the
plaintiffs until the expiration of one year from the 21st July,
1861, when the defendants had served notice on the plain-
tiffs that they had appointed an arbiter to concur with the
arbiter Appointed by the plaintiffs to fix the compensa •
tion for the lands to be taken, and decreed accordingly with
costs ; and as an interim decree continued the injunction,
and undertaking to abide by any claim of damages.

His Honour declined to allow the deposit to b 3 with-
drawn from the bank, and observed that if the whole land
and hospital were to be taken, 18 months' notice was neces-
sary to enable the directors to remove the patients—i.e, six
months after the expiration of one year after the original
notice, and that a second notice was necessary to be given.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn).
MPORTANT QUESTION AS TO DISCHARGE FROM CUSTODY.

IN RE ROACIR,

The plaintiff was described as late of the Rue de la Vic-
torie, Paris, subsequently of the New York Hotel, Leicester-
square, and now of the Queen's Bench Prison, and now
applied to be released from custody.
Mr. Drew, New Basinghall-street, was the solicitor to
the bankrupt. but being engaged on important business at
Westminster, a short adjournment was asked.
Mr. Sargood opposed any delay, and applied to the Court
to make an order that the bankrupt should not be allowed
to apply again until the meeting for the last examination.
His Honour did not see that he had power to make any
such order.

Mr. Sargood said the bankruptcy was on the adjudication
of ➢ir. Registrar ilaz,itt, who, however, refused to order a
discharge in consequence of facts stated to him. The oppos-
ing creditors had been put to expenses through the bank-
rupt having given notice that he should apply at the meet-
ing for choice of assignees, but he did not appear, nor was
any assignee chosen. The bankrupt was an American, and
had gone to Paris, where he contracted large debts, and
having come to England a capias issued, on which he was
taken into custody.

His Honour, after hearing the arguments of Mr. Sargood,
said he should not make any order at present, either as to
release or costs.

The bankrupt was therefore taken back to prison. He
is said to be a gentleman possessed of large property in
South Carolina.

CAUTION TO INSOLVENTS-IN RE PAINE.

This bankrupt was a tailor in the Strand, and now sur-
rendered to an adjudication on a petition presented by Mr.
Drew.

It appears that the bankrupt was an insolvent at Can-
terbury, but he omitted several creditors with the intention
of paying them, but, not having been able to do so, the
present. proceedings were taken.

POLICE INTELLIGENCE.—( This Day.)

MARLBOROUGH-STREET.

ATTEMPTED MURDER BY A FEMALE.—Ruth Elsden, an
unfortunate, who has several times been charged at this
court, was brought up, charged with attempting.to murder
Thomas Foskett, potman at the Duke of York, Union-
street, Oxford street, by stabbing him with a knife.
The prisoner had once before assaulted Foskett, and was
sentenced to seven days' imprisonment in default of paying
a fine, and there is little doubt that it was a feeling of
revenge for his having appeared against her that induced
her to commit such a desperate assault on him—it evidently
being her intention, from the threat she made use of, to
take his life.
The following certificate was handed to the magistrate
Middlesex Hospital, Jan. 27.
" I hereby certify that Thomas 'Foskett is a patient in
this institution, suffering from a severe punctured wound of
the ear, and is not in a fit state to be removed.
" Wm. N. MARSHALL, House Surgeon."

James Harrold, 207, C, said—On Saturday night I was
called to the " Duke of York," and there saw a man bleed-
ing from the head. I asked who had done it, and before
the landlord could speak the prisoner said, " I did it and
meant to do it." I thon. toc,ll ker into custody..
JoEeph Reed, 60 D—l was called to the house and +
the prisoner there and the man Foskett sitting on a forni
bleeding from the head copiously. Prisoner said, " Look
here fatty (the constable is a stout man), so help me God I
did it and intended to do so." I then asked where the
knife was, and the landlord said he had put it away, but he
gave it to me. It is the knife produced. The prisoner
had been drinking, but well knew what she was about.
The knife had blood on it at the time. I then took Foskett
to the Middlesex Hospital.

Mr. George Atherfold, landlord of the Duke of York
Union-street, said,—I have known the prisoner as a despe-
rate character for some time past, and had forbidden her to
come to my house. On Saturday night she came in and
annoyed my customers, and I told her that if she did not
keep quiet I would turn her out. She then said, "If you
do, it will be a bad job for you, for I've got some-
thing in my pccket." She then said she wanted to speak
to him, but I would not allow it. She then went into the
tap-room, where Foskett, my potman was, and ho came out
in about two minutes bleeding and stabbed through the
ear. The prisoner put the knife on the counter, and I took
it up. Sho then said she meant to do it, and hoped she had
"killed the —." She also said, " I meant this for you, and
will do it when I come out." The prisoner has also
threatened my 'daughters. Foskett at the time was in the
taproom about his business.
Edward Clements, stable man, at 68, New Bond-street,
said—l was in the taproom at the time, and was a little
distance off. I saw the prisoner put her hand intu her
pocket and take the knife out, and open it, and then say,
"There, you —, take that; you have given me 7 days."
She then made a downward stab at Foskett, his back being
towards her.
Mr. Atherfold—l have not the least doubt that she meant
to have stabbed me, as I am told a person saw her with the
knife in her hand when she tiled to speak to me.
Mr. Tyrwhitt—l shall remand her to see the result of the
wound, which I trust will not prove fatal.
Prisoner was then remanded.

THE EASTER MONDAY VoLUNTEI R
GATHERING AT BRIGHTON.

Lord Ranleigh has determined, with the assent of a very
large number of the commanding officers of metropolitan
volunteer regiments, to have another grand review and field
day at Brighton on Easter Monday next, the operations at
which will be of a far more important character than those
of last year. Lord Ranelagh still adheres to his opinion that
the volunteers require occasionally something more than
the mere routine of company and battalion drill to render
the military duties entailed upon them less irksome and
more attractive, and continues to maintain that it is only by
brigade field days and other large gatherings that they can
be brought to a sense of their practical utility by perform-
ing such evolutions as they would be required to carry out
before an enemy. Another point proposed to be achieved
is to prove the facility with which a very large number of
volunteers could be thrown at a given time on any part of
our coast which might be threatened by an invasion. The
circumstance of a fine day at Brighton, whilst the
opposi'e prevailed at Wimbledon last Easter Monday,
has had a powerful influence, if not upon the minds of
commanding officers, certainly upon those of the
general body of officers and effectives of the
various corps, in raising a desire for a field -day under
Lord Ranelagh, at Brighton. The word " Wimbledon"
appears to suggest a cold, damp, and chilly atmosphere, if
not even the still greater evil of a thorough soaking wet day
to the volunteer. It is anticipated, therefore, that the vo-
lunteer review to be held at Brighton on Easter Monday
will be attended by double the number of volunteers from the
metropolis present on the last occasion. The aggregate
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don evolutions of last year, the fact may be mentioned that
when an announcement was made on pante& to the
North Middlesex (29th), at Albany-street Barracks on Wed-
nesday evening last, that it was Lord Enfield's intention
they should this year go to Brighton, it was received by de
men with loud cheering. Similar demonstrations of satis-
faction have been expressed by other corps which were at
Wimbledon last year, and there is also a better feeling
amongst certain commanding officersthanpreviously existed,
so that there is a probability of such regiments as the
Queen's, the London Scottish, London Irish, &c., taking
part in the Brighton review. So far as the capabilities of
the Brighton Railway are concerned, Lord Ranelagh ex-
presses himself with confidence, and states that they will
be upon
a still more liberal scale than those of last year.