The Sun.
London, England, 1853-04-21 00:00:00

LAW INTELLIGENCE

COURT OF EXCHEQUER—APRIL 20.
(Sittings in Banco.)
EMERSON V. DIXON.
This case was tried before Mr. Baron Martin at the
last assizes at Durham, when a verdict was found for the
plaintiff for 731.
Mr. H. Hill now moved, pursuant to leave reserved,
to set aside the verdict and enter a nonsuit.
The plaintiff is the secretary of a coursing club in
Northumberland. The defendant entered a dog to run
for the stakes, and his dog was declared the winner,
whereupon the plaintiff, who acted as stakeholder,
handed over the stakes to the defendant. It was after-
wards discovered that the defendant had fraudulently
substituted another dog for the one originally entered.
The present action was brought by the plaintiff, to re-
cover back the stakes paid to the defendant.
The counsel for the defendant contended that the
plaintiff had not such a property as enabled him to sue.
The action should have been brought by the real winner
of the race.

The court, however, were of opinion that, as it was
the plaintiff's duty to pay the stakes to the real winner,
which he had been prevented from doing by the defen-
dant's fraud, he was entitled to recover back the money,
for the purpose of giving it to the person entitled to it.
—Rule refused.

;Sittings at Nisi Prins, before Mr. Baron Alderson and
a Common Jury.)
WATTS V. HAMBLEDON.

- - -
This was an action by a coachman to recover the sum
of 171., for wages and the value of a suit of livery, he
having been dismissed without the necessary notice, and
without having been supplied with the number of suits
of livery to which he was entitled.
The defendant pleaded that she was not indebted, and
payment of 1/. 125., a week's wages, into court.
Mr. Fry appeared for the plaintiff, and Mr. Manisty
for the defendant.

The plaintiff had been engaged in the service of the
defendant as coachman, on the terms of having 11. 12s.
a week wages, to live over the stables, and to have two
suits of livery in the course of the year. After remain-
ing with Mrs. Hambleton for ten months, he was dis
missed at a waek's notice, his mistress refusing to allow
him anything for the second of the two liveries with
which he had not been provided.
His lordship left it to the jury to say whether in their
opinion defendant was entitled, under the terms of the
agreement entered into with Mrs. Hambledon, to recover
the value of his livery.
After a short consultation, the jury returned a verdict
for the plaintiff, damages AL, beyond the sum paid into
court.

WEDNESDAY.
(Sittings in Banco.)
MORRISON V. THE GENERAL STEAM NAVIGATION
COMPANY.
This was an action brought by the owner of the brig
Valiant, for injuries done to it by the alleged negligence
of the defendants' servants in the navigation of the
steamer Albion. The cause was tried by the Lord Chief
Baron, in the city of London, when a verdict passed for
the defendants. •
Mr. Watson now moved for a new trial, on the
ground of misdirection.
It appeared that the Valiant was lying in the river,
near Gravesend, on the night of the accident, without
any light being exhibited on board of her. The Albion,
on her voyage to Boulogne, steamed down the river,
and not seeing the brig, ran into her, and caused
the damage complained of. By, the 14th and 15th
of Victoria, chapter 79, section 26, the Admiralty
have general powers to make regulations as to lights
" within such places, and under such circumstances,"
as they shall think fit." Under this authority the Ad-
miralty framed rules directing vessels at anchor to have
a light at their masthead, 'except in harbours, where
other regulations as to lights exist. In the port of Lon-
don the corporation have made regulations as to lights
which, it was contended by the plaintiff, do not require
sailing vessels in the position in which the Valiant was
to have any light. Under these circumstances, his
lordship ruled that the Admiralty regulations applied to
the brig, and left it to the jury to say whether the fact
of the Valiant having no light contributed to the acci-
dent. The jury found that it did. The learned counsel
now contended that the Admiralty regalations did not
apply, and that the rules of the corporation alone were
to be regarded. He also contended that the Albion
might have avoided the brig, notwithstanding the ab-
sence of any light.
The Court intimated that as the construction to be
put upon the Admiralty regulations was a matter of
public importance, it would be well to have the point
further discussed, and therefore granted the rule.

Lascelles to the prisoner for 2/. O. 3d, The following is
a copy of the cheque :

" 7, Fenchurch-street.
" Messrs. Hankey,—Pay Mr. Morley, or bearer, two
pounds and threepence. "ARTHUR LASCELLES."
Mr. J. Legge, cashier at Hankey's, said the Hon. A.
Lascelles keeps an account with us. We have received
a communication from him relative to this cheque for
2001„ and we believe it to be forged.
Upon the completion of the evidence by Mr. Lascelles.
the prisoner will be committed for trial.

GIIILDHALL.—SainueI Marshall Legge was charged
with conspiring with his two sons, who had lately be-
come bankrupts, to defraud Mr. Joseph Nicholson, of
107, Shoreditch, and others, of goods to the value of
1,400/.

The evidence taken on the last examination showed
that the prisoner had been living at- 4, York-terrace,
Southampton, and that he and Joseph Legge, one of
the bankrupts, were found there in possession of a large
quantity of property belonging to the estate, and iden-
tified by the creditors, on Sunday, the 4th of
the present month. The prisoner passed under the name
of Marshall only, and denied all knowledge of the
bankrupts until after Joseph Legge was in custody,
when he admitted the relationship existing between
them.

Mr. Clarkson then said that Joseph Legge had been
committed to the Queen's Prison under the warrant of
one of the Commissioners in Bankruptcy, from which
place he bad been brought up on a habeas corpus, to be
charged in this court.

Joseph Legge was then ordered to stand in the dock.
Mr. Clarkson briefly stated that about 15 months
ago Joseph and John Legge set up in business as cabinet-
makers and upholsterers in Churton-street, Pimlico,
where they opened a shop, as the learned counsel alleged,
for the purpose of getting into their possession the goods
of honest tradesmen without paying for them, which
they disposed of, with the agency of their father, who
established himself in Southampton and different parts
of the country, and received the goods which the bank-
rupts consigned to him in various names, and would
doubtless have parted with them by auction or other-.
wise had not a vigilant officer traced them out soon
after their delivery at the prisoner's house in Southamp-
ton and taken possession of them on behalf of the bank-
rupts' creditors. .

In support of this statement a number of witnesses
were called, who proved the dispatch of considerable
quantities of valuable property by railway at Southamp-
ton by the younger Legges, and its receipt at Southamp-
ton by the elder prisoner sometimes in one and some-
times in another name. A creditor identified a portion
of the goods discovereil at Southampton as his property.
The prisoners were remanded, as was also the wife of
the elder Legge, who was examined at a subsequent
part of the day.

MARLBOROUGH-STREET. Elizabeth. Anthony
was charged with having wilfully set fire to her master's
house, No. 32, Brewer-street, Golden-square.
The evidence presented a case of strong suspicion, as
the house, in which the prisoner was a domestic, was set
on fire three times in four days, under circumstances
which left no doubt of wilful incendiarism. Prisoner
was remanded.

WORSHIP-STREET. --John Lewis Robertson was
charged with having deserted his wife, Euphetnia, who
had since become chargeable tattle parish of St. Leonard's,
Shoreditch.

The prisoner cultivated the acquaintance of the com-
plainant towards the end of last year, when she was
comfortably settled in a small way of business, with 501.
in the savings' bank, and at Christmas married her.
After ill-treating her for three weeks he deserted her,
taking with him not only the ready money of her busi-
ness, reserved for paying liabilities, but also the remains
of the store in the savings' bank. The loss of her money
ruined her, and she was reduced to the parish.
Prisoner made a lame excuse about his wife's temper,
and said he had not spent all the money, and was willing
to live with her again.
Mr. D'Eyncourt adjoiirned the case for a week, to
give the prisoner a space for repentance and reparation.

ARTISTS' GENERAL BENEVOLENT
INSTITUTION.

The thirty-eighth anniversary festival of this excellent
society, established to afford relief to decayed artists of
the United Kingdom, and for affording assistance to
their widows and orphans, was celebrated at the Free-
masons' Tavern on Saturday evening, the Right Hon.
the Earl Granville presiding.
Upon the removal of the cloth the health of "Her
Majesty," "His Royal Highness Prince Albert (the
patron of the society), Albert, Prince of Wales, and the
other members of the Royal family," not forgetting the
illustrious stranger, whose name the noble earl said he
was not at liberty to announce, " The Army and Navy,"
and other customary toasts, were drunk with all the
honours.
The Noble CHAIRMAN said he had next to propose
—" Prosperity to the Artists' General Benevolent In-
stitution." (Cheers.) In recommending that toast to
their notice he did not think it would be necessary for
him to detain them with a long speech, indeed he had
an objection to long speeches on these festive occasions.
He felt that institution was most important to the inter-
ests of artists, and in pleading its claims to support he
could not but refer back with pleasure to the time when
the place he had then the honour to fill had been occu.
pied by the late Sir Robert Peel. He found that upon
that occasion their distinguished president showed that
the principle on which the relief was afforded from that
institution was such as most to conduce to the benefit
of the artist, merit and distress constituting the only
claim to relief ; and he was happy to see that the insti-
tution had been generally well supported by the public.
In looking over the report of the year when Sir Robert
was president, and comparing with that of this year, he
regretted to find that the receipts were 2001. less than
upon that occasion ; but, on the other hand, he was
gratified to find that, whereas, .n 1852, relief was
afforded to 24 artists, last year only 15 artists had re-
ceived relief, those who had been assisted being chiefly
the widows and daughters of artists. He though that a
gratifying fact, as showing the increased prosperity
existing amongst artists. He thought it was impos-
sible to read the first item on the list of relief afforded
—an eminent landscape and portrait painter 501.
without feeling what distress of mind and bodily suffer-
ing might be alleviated by such a donation, properly
bestowed. When they consider how many men of
genius might be incapacitated for a time, by sickness
or misfortune, from gaining their livelihood, he was
sure they would all feel with him that it was their duty
to support the institution to the utmost of their power.
(Cheers.)
The toast having been drunk with great enthusiasm,_
Sir CHAS. EASTLAKE proposed "The health of the
noble chairman, the right. hon. the Earl Granville," and
in doing so briefly alluded to an article which appeared
in one of our morning contemporaries last week, relative
to public dinners, assuring the meeting that every eco-
nomy was exercised in conducting the affairs of the
society.
The toast having been drunk with all the honours,
The Noble CHAIRMAN returned thanks for the way in
which his health had been proposed and responded to.
His friend Sir Charles Eastlake had alluded to an article
which had appeared in a public print relative to thene
dinners in aid of charitable institutions. He did not
deny that the article was written with considerable
humour, but he could not agree with the writer that as
much money would be collected for the charities without
these festive reunions, as he believed there was no time
when a man was more divosed to be generous than after
a good dinner—(lajakler)—and that they had decidedly
had that day, fcir IrEounted on the bill of fare no less
than fifty recherché dishes, the whole of which had been
served up in a style that would not well be surpassed.
(Cheers.) Though he was their chairman he did not
possess a red riband, and he had left his white waistcoat
at home—(laughter)—and so far from being surrounded
by excessively dull-looking men, he did not think he had
ever seen so many intellectual countenances before ;
whilst the business of the evening had been most agree-
ably relieved by music admirably performed. Therefore,
their dinner did not agree with that described in the
paper alluded to ; and though, perhaps, jn some of these
festivals there had been too much of the donations ex-
pended in their management, the accounts of their so-
ciety showed that was not the case with them. (Hear,
hear.) He had had the honbur of attending two public
dinners abroad, which he might be allowed briefly to
describe. The first occasion was at Pesth, a few years
since, on the opening of a railway, and the dinner was
laid out in a tent adjoining the station. The whole of
the company, with the exception of himself, were dressed
in the picturesque costume of the Magyars, with Hes-
sian boots, velvets, furs, jewels, &c. ; and towards the
conclusion of thefdinner he was somewhat astonished
by five gentlemen rising at one time and all speaking
together-- (laughter)— and presently afterwards one
gentleman, more animated than the rest, jumped
upon the table and addressed the company with
great volubility. That gentleman he afterwards
learned to be M. Kossuth, of whom they had since
heard so much, At the conclusion of this speech
the company broke up, the great majority remaining
to dance polkas and quadrilles with the peasant girls
and ladies assembled to witness the festivities. Now,
he did not know how well prepared Sir Charles East-
lake might be to follow his profession next day, if he
were to come there booted and • furred, and remain to
dance polkas—(laughter)—but he had no doubt a great
saving of time would be effected if five gentlemen were
to speak simultaneously, though it might not be altogether
intelligible. (Laughter.) The other dinner he had the
honour to attend was at the Hotel de Ville last year,
when the dinner was brought to a conclusion, four
speeches delivered, and the company out of the room in
an hour and a quarter from entering it—(laughter)—
and on their return shortly afterwards, when the cloth
was removed, they were entertained with some excellent
music. Now, though he did not think it would be
quite agreeable to Englishmen to equal their neighbours
in expedition, he thought there might be some improve-
ments in conducting these dinners. He would have a
little music with the dessert, then the speeches of the
evening, and then a great deal of music—(cheers)—and
he thought that the knowledge of the entertainment
awaiting them would conduce to short speeches
(cheers)—and at the same time gentlemen who were en-
gaged in business throughout the day would be happy
to attend the festivals of the different institutions, being
assured of spending a pleasant evening, and getting
home at a reasonable hour. (Cheers.) Ile begged once
more to thank them for the honour conferred upon him,
and to assure them that he had had the greatest pleasure
in being present to press 'the claims of_ that institution
ou pabliqsupport. (Cheers.)
;"
" Sir Charles Lock Eastlake and the Royal Aca-
dem,"
" The British Institution, and all the other So-
established for the promotion of the Fine Arts ;"