The Sun.
London, England, 1853-01-10 00:00:00

SHERIFFS COURT-(THIS DAY).

(Before Mr. Ogle.)
lIULET V. CLARK-IMPORTANT QUESTION.
This was an action under peculiar circumstances, and
the first of the kind tried in this court under the new
act. The claim was for goods sold.
Mr. Buchanan, Basinghall-street, resisted the demand
on the ground that the plaintiff had brought a former
action, on which defendant paid a certain sum into court.
Plaintiff appeared on the trial, but was nonsuited as to
the remainder, as money had been paid into court in
full.

Plaintiff now brought his action for the difference.
The learned Judge held that the plaintiff could not
recover ; it was not necessary for a defendant to give
a plaintiff notice as to payment of money, in part or
the whole ; he might have searched on the first occasion
and been provided with evidence. It was quite clear that
he had no right under the present action.
Mr. Buchanan then applied for treble costs, on the
ground that the action was vexatious.
His Honour declined to grant the application to that
extent, but awarded the costs of the day.

SURREY SESSIONS.-(THIS DAY.)

SECOND COURT.

Before J. E. Johnson, Esq., and a Bench ofMagistrates.

ANOTHER CANNON.-ASSAULTING THE POLICE.
John:Smith,, alias John Roach, 35, a tall powerful fellow,
was indicted for committing a serious assault on James
Coldman, a constable of the M division of the Metropo-
litan Police.
The prosecutor stated that he was on duty in New-
ington on the night of the 27th ult., when he saw the
prisoner making a disturbance in Bent-street. A
knot of persons was around him, and he was attacking
every one near him. Witness went to him, and told
him to go away ; but he suddenly turned round and
knocked witness down with great force. While on the
ground, he kicked him, took his truncheon from him,
and broke it about his head and body. He would cer-
tainly have murdered him had not several other con-
stables heard his cries and come to his assistance. Wit-
ness had been unable to perform his duty since the oc-
currence.

Serjeant Baker, 456 A, and two other constables,
gave evidence against the prisoner, showing that they
were compelled to tie the prisoner's arms and strap his
legs to carry him to the station. It was also proved
that he had been several times convicted for committing
similar assaults on the police.
In defence the prisoner said he was drunk at the time,
and did not know what occurred.
The Jury returned a verdit of Guilty.

The Chairman said it was fortunate for the prisoner

that he had not committed a more serious offence, as he
might have suffered the same fate as the sweep, Cannan,
who had death recorded against him for similar offences.
They should inflict the heaviest punishment they could,
by sentencing him to two years' hard labour at Wands-
worth.

EXEMPTIONS FROM THE INCOME TAx.—A return to
the House of Commons (obtained by Mr. Goulburn)
has been printed, of the number of exemptions from
income tax allowed to the receivers of dividends from the
public funds, showing how many of the exemptions were
allowed in respect of dividends under 251., 501., 1001.,
and 1501. per annum, respectively. There are 87,518
persons exempted, of which number 51,816 are in respect
of dividends under 51. a year, 19,871 under 251., 9,601
under 501., 5,914 under 1001., aad 1,036 in respect of
dividends under 1501. a year.
INCOMES OF 301. A-YEAR.—It is estimated in a table
prepared by Mr. Farr (Appendix to Second Report on
Income-tax, folio 463), that the aggregated incomes of
persons having 301. or upwards may be 316,380,0001.,
and the late Mr. Porter valued at 80,000,000/. the an-
nual increase in the real and personal property of the
country. If these estimates severally approach the
truth, it follows that one-fourth part of the income of the
community is saved from expenditure, and becomes capi-
tal. It further appears, by a Parliamentary paper, 399,
sess. 1852, that the income assessed under schedules A
and C, and arising, therefore, from funded, landed, and
other realised property, is equal in amount to that which
is assessed under B, D, and E, the aggregate, that is, of
industrial incomes. The amount of income which would
be comprised in an area of taxation extended to include
incomes of 751. a-year would be about 240,000,0001. ;
and of this, one-fourth, if saved, would be 60,000,000/.
FUNDED AND UNFUNDED DEBT.— On Saturday a Par-
liamentary return was printed of the total amount of
the funded and unfunded debt of the United Kingdom,
showing the increase or decrease during the years ending
the Ist of January, 1850, 1851, and 1852. On Jan.'l,
1852, the unredeemed funded debt was 765,126,5821.
2s. 2td., and the decrease 4,145,9791. 18s. 9d. The un-
funded debt on Jan. 1, 1852, was 17,742,8001., and the
decrease (no- increase) was 13,1001.
THE EXPORTS AND IMPORTS OF SPECIE LAST WEEK.
—The imports of the precious metals last week comprise
only the undermentioned sums, viz., by the Phoenician,
fronal Sydney, 48,959 ounces f gold ; by the Niagara,
from ,New York, 45,000 dollars ; by the Madrid, from
Cadiz and Lisbon, 2,3651. ; by the Sultan, 24,1001.,
chiefly from Constantinople; and by the Cresswell, 50
ounces of gold from New Zealand. The total value of
these imports is only about 230,0001. We are also ad-
vised by telegraph from Southampton, late this after-
noons of the arrival of the Magdalena, from the West
Indies and Mexico, with a specie cargo, stated at
1,700,000 dols., or 340,000/., but as these supplies will
not be delivered till beyond the middle of next week, we
do not include them in the week's summary. The Custom-
house statement of the shipments of the precious metals di-
rect from London during the week ending Thursday last is
is follows :—Gold coin : To Calais, 3,000 oz.; to Hamburg
79,5000 z. ;to Belgium, 20,100 oz. Gold bars: to Ham-
burgl2,lBs oz. ; to Calais, 8,000 oz ; to Boulogne, 4,000 oz.
Gold dust : to Amsterdam, 600 oz. Silver coin : to
Hamburg, 4,000 oz. ; to Boulogne, 1,500 oz. Silver
bars : to Boulogne, 1,100 oz. This gives a total of
127,455 oz. of gold, and 6,600 oz. of silver—of the
aggregate value of no less than 495,0001, Of the gold
shipments, by far the larger proportion, or 91,755 oz.,
representing a value of 355,0001. sterling, has been dis-
patched to Hamburg, chiefly en route to Russia. The
other shipments are as follows, viz. :—By the Timandra
40,8001., and by the Euphrates 40,0001., both for Ade-
laide ; y the Royal Exchange, for Sydney, 37,000/. ;
•by the Haddington, for Constantinople, 17,7551., nearly
all in gold ; by the Tagus, 10,8001., chiefly for Lisbon ;
and by the Medway, for the West Indies, 5,9771. The
total exports from the kingdom for the week are thus
raised to 647,0001., and there is consequently an excess
of exports over imports to the extent of more than
400,000/. _

HORRID CRUELTY.-At Dartford petty sessions, on
Sat&day, Mr. Benjamin Rowland, son of a very respect-
able brewer at Erith, and Frederick Townhend and
Charles Lamballe, were charged with torturing and ill-
using a pony. Mr. Thomas, of the Society for the Pre-
♦ention of Cruelty to Animals, appeared to prosecute,
and Mr. Binns attended for the defendant Rowland.
The case lasted some time, but the following arelthe
main facts : On the 23d of December Mr. Dean, the
landlord of the Crown Hotel, at Erith, sent a pony to
Mr. Rowland, sen., for the purpose of allowing him to
try it, so as to ascertain whether it was fitted for his

work. It was put to a water-wheel, but for some reason
or other the animal would not or could not work it.
Flogging and other expedients were resorted to, but
with no effect, and the prisoner Lamballe then sug-
gested the lighting some straw, and placing it under
the poor creature's belly, a mode which, it was said
had often been adopted with bullocks to make them
work. That cruel and horrible piece of torture also
failed, and the poor thing, being much burned and its
agony necessarily great, it could not be urged to move
one way or the other. A halter was then put round its
neck, and being attached to another horse the animal
was then dragged out of the mill and led to a meadow,
where it remained some time before it was attended to,
when it was sent back to Mr. Dean. It did not ap-
pear that Rowland was present when the burning took
place, but he knew of it and seemed to have taken part
in flogging of the beast. Mr. Daws, the veterinary
surgeon of Duke-street, Manchester-square, London,
and Mr. Cook, of Erith, who had attended the pony,
spoke of the injuries having been caused by fire, and the
great suffering which the animal had undergone. Mr.
Binns having addressed the bench for Rowland, and
Townend volunteering a statement in which he admitted
burning the beast, Sir P. H. Dyke said the bench were
unanimous in convicting the defendants. The case pre-
sented features of much atrocity, and they felt that they
would not be inflicting a punishment commensurate with
the character of the offence did they not commit the de-
fendants to six weeks imprisonment with hard labour at
Maidftone. Mr. Binns gave notice of appeal for
Rowland.
THE LOSS OF THE VICTORIA STEAM SHIP, OF HULL.
—An inquiry is now proceeding before Captain Beechey,
R.N., and Captain Walker, R.N., of the naval
depart-
ment of the Board of Trade, at the offices of that depart
ment,, at Whitehall, relative to the loss of the Victoria,
Hull steamer, which was wrecked some weeks since near
Gothenburg, and was attended by a melancholy loss of
life. Some delay has been experienced in procuring the
attendance of the crew of the ship so as togiveevidence,
and as yet the captain has not been examined,he
th
note
having returned' from Gothenburg. We believe
evidence, or parts of it, will be made public when the
investigation may be said to have been brought to a
.
terminatiou.