The Sun.
London, England, 1854-03-16 00:00:00

LONDON, THURSDAY-ErtNING, MARCH 16, 1854.

the liquidation of the said island debt to the
extent of 500,0001. nor until this Act shall have
received her Majesty's royal assent ; and a procla-
mation of such assent having been given shall be
made by the Governor, and upon and immediately
after such proclamation, this act, and every article,
clause, matter, and thing therein contained, shall
commence and take effect. Provided, never-
theless, that such assent shall be given, and
such proclamation made, within twelve calen-
dar months next after the passing of this
act." There can be no doubt that the Impe-
rial Government and Legislature will cordially
concur in giving effect to the wise and salutary
changes which the Assembly has so frankly adopted ;
and we confidently trust that the operations of the
reforms so judiciously suggested by the Secretary
for the Colonies, and so promptly accepted by the
local Legislature, will. be speedily visible in the po-
litical, social, industrial, and commercial progress
of one of our most important colonial dependencies.

invitation, and he should not have gone there this time
had he not been requested.

The complainant gave the most unqualified denial to
the statement made by the prisoner, who was then re-
manded for the attendance of the complainant's father,
who left London the same morning.
Robert Cheshire, the driver of his own cab, was sum-
moned for using a horse unfit for hire.

Mr. Charles F. Chubb said that he had bee spending
the evening with some friends on Wednesday last, and
was returning home about two o'clock in the morn-
ing, when he hired the defendant to drive him to
Battersea, from the stand at the Cheapside end of St.
Paul's-churchyard. He did not notice if the horse was
in a fit state to perform the journey, but got into the
cab, and soon fell asleep. When he awoke he saw the
driver leading the horse at a walking pace ; but not
being in a hurry he went to sleep again, from which he
again awoke to find the driver still leading the horse in
Pimlico. He remonstrated with defendant, and told
he was going a long way round, but the defendant only
said the horse was tired, and would soon be better, upon
which assurance complainant once more gave himself up
to slumber, and the next time he awoke it was only to
find the horse at a stand still, and a policeman deliver-
ing his opinion to the effect that the animal was
"baked," and complaint was, therefore, obliged, at five
o'clock in the morning, to get out in the middle of
the King's-road, and to walk home over Battersea-
bridge.
The defendant said the horse had been a journey to
Brixton and back that evening, and was therefore very
tired ; but in the morning he called in the veterinary
surgeon, who found the horse had been suddenly seized
with inflammation of the lungs, from which it died on
the following day.
The complainant said, under those circumstances, he
would not press the charge, believing the defendant had
already suffered sufficiently in the loss of his horse.
Alderman Muggeridge said, as it was not proved the
horse was not fit for work at the commencement of the
journey he must dismiss the summons for want of juris-
diction, as, if there was any offence at all, it took place
in Westminster.

LAW INTELLIGENCE.—March 15.

COURT OF CHANCERY.
FORCES V. LIMOND.

This appeal from the Vice-Chancellor Stuart was
opened on Wednesday last, and the arguments were
continued to-day. The question was whether the defen-
dant, as trustee of a deed for winding up the affairs of
Messrs. Lyall, Mattheson, and Co., of Calcutta, was
liable to the plaintiffs for a 10 per cent. dividend on two
bills for 2,0001. and 1,6631. that sum having been paid
to the other parties to the deed. The Vice-Chancellor
held that the defendant was not liable, because there
was no proof of the plaintiff's accession to the deed, and
because they afterwards received dividends on the whole
amount of their debt from the official assignee in
insolvency.
The Solicitor-General, Mr. Lewis, and Mr. Willes
were heard for the appellants.

Mr. James and Mr. Hemming in support of the
decree.

The reply of the Solieltor-General is to be heard on
Saturday next.

SOUTHWARK.—Robert Blakely. cab-driver, badge
No. 11,197, was summoned by Henry Rogers, inspector
of cabs inside the Brighton Railway Terminus, London
Bridge, for assaulting him in the execution of his duty,
he having prevented the defendant from exacting from a
lady more than his legal fare.
The officer stated that recently the Brighton Railway
Company had opened their terminus for the reception of
all cabs, and witness was employed to regulate them
and prevent confusion. When the three o'clock train
arrived at London-bridge on Saturday afternoon, the
defendant was on the rank near the platform with his
horse and cab, and a lady went up to him and requested
him to drive her to the Eastern Counties Railway Sta-
tion, Shofeditch. The defendant demanded two shil-
lings of her as his fare, when the lady appealed to wit-
ness, asking if such was his legal fare ? He went up to
the defendant and told him that his fare was only
eighteen pence, and requested that lie should take the
lady for that. The defendant became very insolent, and
refused to take the lady, when he ordered him to quit
the terminus. Instead of doing so he drove to the fur-
ther end of the station ; and while witness was endea-
vouring to prevent him from taking another fare, he
tried to run over him, and it was with some difficulty
that he could get out of his way. 'Witness then got on
the platform, when the defendant drove alongside and
struck him with his whip, and drove away.
Mr. Wontner said that he did not deny the facts
spoken of by the officer, and his client expressed his
regret that he should have acted so foolishly.
Mr. Combe said the company, in bringing forward the
present charge, bad acted very praiseworthily in pro-
tecting the public from frauds. He should fine the
defendant 10s. and costs, and in default commit him for
seven days.

VICE-CHANCELLORS' COURTS.

WENS AND ANOTHER V. ELITES AND OTHERS.
The question in this case was, whether the effect of the
recital of a debt in a deed executed by the testator (there
being no covenant or agreement to pay the debt) was a
sufficient acknowledgment of the debt to keep it alive as
a specialty debt, and take it out of the Statute of Limi-
tations, under 3d and 4th William IV., c. 42
The arguments were commenced but not concluded
when the Court rose.

FULLARTON V. ROWLAND.
This case has been mentioned upon former occasions,
upon a motion for an injunction to restrain actions by
Dr. Rowland against bankers for the recovery of money
placed to his account. The plaintiff alleged that she had
lent the money to Dr. Rowland to assist in founding a
hydropathic establishment near London, which bad not
been carried into effect. At the hearing the defendant
intimated that he had no objection to an order being
made, it being fully understood that he in no way ad-
mitted the truth of the plaintiff's allegations against him.
Mr. Tripp now mentioned, on behalf of the plaintiff,
that it had been arranged by consent that all further
proceedings should be stayed, the terms on which this
should take place being agreed to.
His Honour now made an order sanctioning the ar-
rangement.

Mr. Chandless, Mr. Rogers, Mr. Surrage, and Mr.
Rawlinson appeared for the defendant and other parties
interested.

MIDDLESEX SESSIONS—March. 15.

(Before Mr. Serjeant Adams, Assistant-Judge.)
Henry Joseph Perry, a respectable-looking lad, was in-
dicted for having stolen half a 101. note, the property of
the Wesleyan Reform Association. Mr. Parry appeared
for the prosecution.
From the evidence it appeared that the prisoner had
been employed in the office of the Wesleyan Reform
Association, but was dismissed about three weeks before
this transaction. On the 24th of January a letter con-
taining half a 101. note was sent to the association by a
gentleman named Kershaw, of Gomersall, Yorkshire.
This letter never reached its proper destination, and
the prisoner subsequently went to a person in the
employ of Mr. E. T. Smith, the lessee of Drury Lane
Theatre, and asked for an advance of money on the
half note, stating that he was a son of Flexmore, the
clown. The servant declined to comply with this re-
quest before speaking to Mr. Smith, and the prisoner
said he would call again. Mr. Smith was informed of the
application, and when the prisoner repeated his visit,
he saw him, and suspecting that some fraud was con-
templated he gave him into custody. The half note was
afterwards found to be that which had been stolen with
Mr. Kershaw's letter ; and the statement about Mr.
Flexmore of course proved to be a false one. The pri-
soner stated, at length, that a man in the Commercial-
road had made him almost drunk, and had told him what
to say and do in the affair.
The jury found the prisoner guilty.
gellinlj;.Peanrrzonsaniedetteh: prisoner was a verye
t badon d boy. The
m
for stealing some hymn books, and his father was not
aware of his dismissal until three weeks afterwards. He
bad been addicted to keeping late hours, and had made a
groundless accusation against one of the gentlemen, to
the effect that he had been in the habit of taking him
out to masquerades.
It was suggested that a reformatory institution would
be the best place to send him to.
The Assistant-Judge regretted that there was no place
in existence to which he c.mld send him. It was to be
hoped that there soon would be. He should remand
the prisoner, and in the meantime apply to Capt. Wil-
liams on the subject.
The prisoner was then remanded.

WESTMINSTER.--Thomas Gooden, a boy 16 years
of age, was charged with stabbing Robert Faulkener, a
lad of about the same age.
Three witnesses were examined, from whose testimony
it appeared that the accused and the wounded boy were
employed at the Westminster Marble Works. On Tues
day, Faulkener and Hannan both took some work to do
at the same time, and there was some rivalry between
them as to which would complete the task first. Hannan
succeeded in accomplishing his two or three minutes be-
fore the other, and Gooden jeered and taunted Faulkener
upon the circumstance, until the latter threatened to
" give him something " when they got out into the
street. The day's work being over, Gooden, Faulkener,
and 60 or 70 others left together, when Faulkener
pushed Gooden and struck him in the ribs, upon which
Gooden took a large clasp knife from his pocket, and
opening it declared with a filthy expression that he would
stab him. Faulkener threw his arm round the other's
neck to disarm him, when Gooden plunged the knife
into his belly, and with his bowels protruding in his
hands, the wounded boy, aided by Hannan, was taken
to the surgery of Mr. Pearse, 10, Regent-street.
Mr. G. Pearse proved that on the boy coining to him,
he found a large quantity of his intestines protruding
from a wound in the left side of his belly. He returned
the intestines and dressed the wound, which was an inch
and a quarter in length. It had been inflicted upward,
and the knife might have penetrated an inch and a halt.
A fatal result being apprehended, the wounded boy's
deposition was taken by Mr. Arnold at his father's house,
and the prisoner was remanded.

THAMES.—John Mitchell, a coal-whipper, 40 years
of age, was charged with violating the person f his step-
daughter, Mary Ann Daley, aged 12 years.
The girl who was sobbing loudly during a great part
of the investigation, said that her father, as she termed
the prisoner, came home on Tuesday afternoon rather the
worse for liquor. Her mother was then from home. He
took hold of her and placed his hands ahout her person in a
way that frightened her very much indeed. She tried to
get away from him, on which he offered her 6d. to lie down
on the bed with him. She said she did not want to lie
down, on which he begun pulling her about again, and
tore her frock. He then threw her upon the bed, and
got upon it afterwards. (The girl then described the
criminal assault committed upon her. The magistrate
had much difficulty in eliciting the particulars. Her
evidence left no doubt that gross violence had been used
towards her.)
The prisoner said he had been the best of fathers to
the girl for nine years. He sent the girl on the Tuesday
on a few errands, and went to meet his wife, the girl's
mother, who was employed daily in High Holborn, but
he missed her. On returning home he was astounded
by the landlady's accosting him, and saying, " Oh, Mr.
Mitchell, we have had a nice job with your daughter.
She was lying on the floor drunk, and we had to carry
her to bed." He laid down on the bed, and was aroused
by the girl's mother, who frightened her daughter into
making the charge.
The prisoner's wife, who appeared very indignant,
here exclaimed, " It is false, it is false, you villain, and
you know you have ruined my poor daughter."
The girl was recalled—She said her father sent her
out for a quartern of rum, and gave her part of it,
and then sent her out again, and it took effect upon
her. After her father had gone out she fell down
in the passage, and was carried to bed. When her
mother came home she was fast asleep, and her father
was fast asleep on the bed alongside of her. In conse-
quence of what her mother saw [the girl described cer-
tain appearances] she awoke her, and asked her what
her father had been doing to her. She was too frightened
to tell her at first, but her mother compelled her to do
so, and she related all that had occurred in the presence
and hearing of tie prisoner, who said nothing.
Mr. Alex. Carson, surgeon, of No. 121, Cock-hill,
Ratcliff, who had been called in to attend the girl, found
her in considerable pain, and his examination of her, the
result of which he described at length, left no doubt that
recent violation had taken place, and that she had sus-
tained considerable injury.
Charlotte Cooke, the landlady of the house in which
the prisoner and his wife have been living, said the girl
was brought home tipsy, between 6 and 7 in the evening,
and she put her to bed. When the prisoner came home
he said, " Where is my Polly ?" Witness said she was
up stairs, and asked him if he had given her anything.
He said he had not, and affected to be surprised when in-
formed the girl was in liquor, and went up stairs, where
he remained.

Nathaniel Archer, a gentlemanly-looking man, sur-
rendered to take his trial on an indictment charging him
with having indecently assaulted police-constable 315 N
division.

Mr. Ballantine appeared for the defence.
The evidence of the prosecutor was of a peculiarly dis-
gusting and revolting nature.
The learned counsel for the defence denounced the
charge as a base and infamous concoction on the part of
the prosecutor. He was proceeding to point out some
important inconsistencies in the policeman's evidence,
when

The Assistant-Judge interrupted, and took the opi-
nion of the jury as to the necessity of Mr. Ballantine to
proceed further.
The jury intimated they were quite satisfied, and that
no imputation whatever rested on the defendant.
Verdict—Not Guilty.

Mr. Ballantine said proceedings would b• taken
against the policeman.
The defendant left the court with a large number of
friends.

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT-MARCH 15.

At the sitting of the Crown Court this morning,
Mr. Justice rightman said that, in consequence of a
communication which he had received, he feared that the
new commissioner would not arrive before Friday ; and,
therefore, it would be better to say at once that the
Nisi Prins business would not begin till Saturday, and
that then the Court would take only common-jury
causes, and that the special jury causes should be made
remanets till the next assizes, unless the parties agreed to
change the venue to Gloucester.
Mr. Keating suggested that the Court might, under
the statute in that behalf, take one day from the num-
ber fixed for Shrewsbury, and continue here till Tues-
day, instead of leaving on Monday, according to the pre-
sent arrangement.
His lordship acceded to this suggestion, and so the
commission-day for Shrewsbury will be postponed from
Monday to Tuesday.
It was arranged that one of the special jury causes in
which the parties have agreed as to the facts, and in
which the only question is one of law, will be taken as
a common-jury cause, and so saved from further delay
or expense.
It is confidently said that one of the leaders of this cir-
cuit will be the new judge. 'This mitt:tour is circulated with
so much circumstantiality that it is almost universally
believed. There can be no doubt that any of the learned
gentlemen who now have the leading business on this
circuit would be eminently qualified to fill the vacant
seat ; but of one of them in particular, it is said that the
Chancellor, in whose hands exclusively this appoint-
ment rests, knows him well and believes him to be one
of the best lawyers at the eimmon Law bar.
Mr. Whateley, Q.C., ark Mr. Keating, Q.C., assisted
to-day in trying prisoners.

Mr. Ingham committed the prisoner for trial.

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CROWN COURT.
(Before Mr. Justice Wightman.)
Samuel Johnson was indicted for the wilful murder of
Mary Johnson, alias Walsh, on the 11th of October, at
West-Bromwich.
Mr. Huddleston conducted the prosecution, and Mr.
Scotland the defence.
The prisoner and the deceased had cohabited for some
time as man and wife, and both having gone to a neigh-
bouring fair or wake, unknown to each other, and there
accidentally met, they went with some friends to drink
at a public-house. Some words having arisen between
them, and deceased having abused him and kicked at
him, he gave her two violent blows with his fits on her
forehead and another on her side, -which killed her on
the spot.

Guilty of manslaughter, and sentenced to transporta-
tion for life.

POLICE INTELLIGENCE.

GIIILDHALL.—James Cain was placed at the bar,
before Alderman Muggeridge, charged with the follow-
ing offence :

Sarah Watts said she lived with her parents, in Three
Tan-court, Redcross-street, and at an early hour in the
morning she was awoke by the prisoner, whom she
found almost in a state of nudity in her room, sitting on
her bed. He said he came to call her, as it was time to
get up ; but on her awaking her sister an alarm was
given, and the prisoner then dressed himself and went
down stairs. The prisoner did not live in the house,
neither had she invited him into her bedroom. He did
not lay hands upon her on this occasion, but he had
done so on the night previous, and she had great diffi-
culty in getting from him.
The prisoner alleged that he had been on terms of in-
timacy with the complainant, with whom he had kept
company for the last two years. He also said he had
frequently been to complainant's bedroom before by her