The Sun.
London, England, 1838-01-22 00:00:00

COURT OF EXCHEQUER, JAN. 20.

EAST V. HALL AND OTHERS, EXECUTORS.-BURGHART V. HALL
AND OTHERS, EXECUTORS.

These two-cases were actions against the defendants as the
executors of the estate of the late Captain Nisbett, for the re-
covery of sums alleged to have been owing by that gentleman '
to the plaintiffs at the time of his death, which, as will be
remembered, took place suddenly in September, 1831. lie
was, too, the husband of Mrs. Nisbett, the well known actress.
The latter of the actions was to recover the sum of 3,421/.
7s. 6d. for clothes, furniture, money lent, and the hire of
apartments in the plaintiff's house, between the 9th of Janu-
ary, 1828, and the 11th of January, 1831, the late Mr. Nis-
bett being, during that period, a minor. The defendants
pleaded, first, that they did not promise ; and secondly, that
the deceased was an infant. To this there was a rephcation of
moneys paid, use and occupation, and then that the articles
supplied were necessaries.
The case came on for trial before Lord Abinger on the 17th
June, 1837, when the jury found for the defendants. Upon
that trial it appeared that the deceased had taken lodgings for
himself and Mrs. Nisbett at the house of the plaintiff, Burg-
hart, who carried on the business of a tailor. • The amount
claimed was thus made up :
Tailor's bill for clothes supplied to Mr. Nisbett £1,450 17 6
Ditto to servants 323 15 6

Interest on said bill
Bills of Exchange
Rent of lodging (one quarter)
Compensation for fitting up ditto
Bill for tea, coffee, &c.
Cash lent, with interest

97 16 0
332 16 6
100 0 0
150 0 0
23 3 6
623 9 0

Writing desk and dressing case
Four sets of gold buttons
A sable fur flounce

10 10 0
21 0 0
42 0 0

Gold acquilette
Fur lining for cloak 73 10 0
Three shawls 149 10 0
Newspapers 1 19 6
It was stated by the plaintiff's foreman that the cloak for
which the large sum of 731. 10s. had been made was formerly
the property of, and had heen worn by, George the Fourth ;
facts which very considerably enhanced its value in the eyes
of gentlemen of fashion. The three shawls, too, were Indian
Cashmere. The sable flounce, he also stated, was for Mrs.
Nisbett's cloak. It was a very curious fur, and, like the gen-
tleman's cloak, had belonged to George IV. The charge
made for that was 421. The bill of particulars also set forth
the following articles amongst many others, the whole of
which had been supplied to Mr. Nisbett in the short space of
three years by the plaintiff:-1851. 7s. for regimentals;
4421. ss. for 88 coats; 3161. 2s. 6d. for 152 waistcoats;
2441. 9s. for trowsers and breeches; 771. 2s. for six morning
gowns; 12/. 10s. for two racing jackets; 78/. I Is. 6d. for
two fancy dresses ; 1031. 2s. for black silk handkerchiefs and
stocks : 681. 2s. for 79 pairs of drawers; 59/. 19s. for four
cloaks; 54/. 14s. for 38 yards of Genoa velvet, &c. &c.
It was further proved that the deceased had an allow-
ance from his father of five hundred pounds per annum,
and that his pay as sub-Lieutenant of the Guards was not
more than 1461., making together a total income of 6461.
Mr. Nisbett, however, had agreed to give the plaintiff 4001.
a-year for the rent of his lodg►ng, and having taken possession
thereof, began to live at a most extravagant rate. Amongst
the witnesses for the defendants was Lady Nisbett, the mother
of the deceased, who had left her residuary legatee. The
Jury accordingly found for the defendants.
The Learned Counsel for the defendants showed cause in
this case, and Mr. Thessiger was proceeding with his argu-
ments when lie was interrupted by the rising of the Court,
at a quarter to four o'clock for the purpose of meeting, the
Learned Judges in the Exchequer Chamber.

COURT OF THE DEAN AND CHAPTER OP
ST. PAUL'S JAN. 20
NORTH V. NORTH.

This was originally a suit for restitution of conjugal rights,
promoted by Mrs. North against John, her husband. Since
the commencement or the suit a charge of adultery has been
set up against the wife, and a prayer for separation made,
which was responded to by a charge of adultery against the
husband. It is alleged that Mrs. North committed adultery
with Mr. George, an apprentice of Mr. North, who was an
indigo blue manufacturer in the City-road ; and on the other
side, that the husband engaged a house for and maintained a
criminal intercourse with a Miss Saunders.

Her Majesty's Advocate on behalf of Mr. North, contended
that a Clear case of adultery was made out against Mrs. North.
Dr. Lushington appeared on the other side.

Judgmen, deferred.

POLICE INTELLIGENCE.

WORSHIP-STREET.

The parochial officers of Bethnal-green stated to the magis-
trates that a great number of dead pigs had been taken to the
premises of a butcher in Waterloo-town, and, as they feared
the animals were intended for the market, to be sold for human
food, they requested the interference of the magistrates. An
officer was immediately despatched to the premises, and about
sixty carcases were taken possession of by the police. Some
of the pigs were dressed as they usually are when intended for
sale at the market, and had a showy appearance.
The butcher in whose yard they were found informed the
magistrates that the pigs were not intended for food, but for
the grease-boilders, for the making of soap.
Mr. BROUGHTON remarked that a vast deal of trouble ap-
peared to have been taken in dressing them. The magistrate
then suspended the summons until all the carcases shall have
been destroyed by boiling down, and he said it was to 'be re-
gretted that there was not an authorised inspector of the ves-
sels that bring over Irish pigs, great numbers of which are
sufficated in the passage, and many of them, no doubt, after-
wards sent to market for food.

CATHEDRAL RIOTERS (IRELAND.) The
Waterford Chronicle contains a long report of the trial of
some persons who disturbed the congregation, and created a
riot in the Cathedral of that City, on the evening of the 28th
of November last. The investigation took place on Thurs-
day, and created considerable interest. The evidence of
Sweetman, who was produced to support the indictment
against. Thomas Lyons, will show the character of the allega-
tions on which the proceedings rested. This man being
sworn and examined by Mr. Magrath, who conducted the pro-
secution, said that he was one of the Corporation constables ;
recollects the 28th of November. Can't say whether it was
on Tuesday or Wednesday. Knows the Cathedral Church of
Waterford. Believes it to be in the parish of Trinity within.
Recollects being in the cathedral, on the evening of the 28th
of November. The Rev. Mr. Browne, as witness was told,
was the person who preached that evening. Was at the rear of
the Bishop's throne at the extreme end of the church. Mr.
Browne was preaching. There was a larger congregation
than ever witness ever saw in the church before. Knows
the man in the Dock. Saw him in the church that
night. Saw him very noisy and outrageous. Saw him
disturbing the congregation ; there was a great number of
people about him, who were seemingly of the lower order of
persons ; is in the habit of going to the cathedral, and the per-
sons there on that night were not the ordinary description of
persons who go to the cathedral ; not two out of 20 of them
were the ordinary description of persons who go there. Mr.
Brown was about eight or ten minutes preaching, and at that
time Lyons was there, and when Mr. Browne mentioned
something about the church at Rome, Lyons asked him what
church he was talking of, and swore by he'd pull him
out of that. After a lengthened investigation the Jury re-
tired for about ten minutes, and returned a verdict of Not
Guilty. Lyons was again put to the bar for a riot at common
law, and was discharged. John Allen and Edward Keys
were then placed at the bar for the same offence, and under
the same statute. When the case had closed Mr. Walsh ad-
dressed the Jury—Was there ever (said the Learned Gen-
tleman) such a disgraceful exposure of a political contrivance
made? Look at the witnesses tutored and instructed out of
the Conservative Club, coming forward to swear against per-
sons who were invited to vritness a gladiatorial exhibition to
which they were called as a trap to ensnare them. Was it
possible that the Conservative Club which made the charge
against the Catholics of Waterford resound throughout the
empire--
was it possible that they who instructed these witnesses
could procure none more respectable to sustain the cause?
He might bow his head with shame when he looked upon
such a class of witnesses brought forward for such a
g m n
thatt
they
ytelling
swear,
tahnedmv tsoi t dwi
istcha r dd
sf
cr oomm
fit
thneri
er
purpose. Could they believe their evidence? But he would
insult their judgment
mind everything
and disgrace—the authors of this proceeding. The real gist
of the matter is that they wanted a grievance and created the
present. But it must redound on their own heads with dis-
grace and ignominy—disgrace and ignominy which lie trusted
would entail some benefit on them. This matter had been re-
sounded through the empire. Let it also be told throughout
tile empire how its projectors were met by an honest jury of the
citizens of Waterford.—At the conclusion of this brief ad-
dress, there were partial cheers from the front of the gallery
which the Recorder exclaimed against as being an indecorous
exhibition of feeling in a court of justice. The jury retired
for about.a quarter of an hour, and brought in a verdict—Not
Guilty.
SCARCE BlRD.—Last week a very fine specimen
of the puffin was shot on the river Foss, not far from Monk
Bridge, in the suburl,s of York.—Doncaster Gazette.
SCARCITY OF SALT.—During the last fortnight,
the inhabitants of Great Driffield have been put to great incon-
venience on account of the scarcity of salt in that town, for
very little of that useful ingredient could be obtained there at
any of the shops, and unfortunately for many, on the 30th ult.,
not the least quantity of it could be had from any of the dea' ors,
and even at the present time, a limited quantity only can be
procured,—Hull Advertiser.