The Sun.
London, England, 1836-07-28 00:00:00

CHANCERY COURT-WEDNESDAY:

STATUE ot oEtiabt
distchhaerpL,,oft said this ivas an application to
"ce-unancellor s order, restraining the de-
fendants from erecting a statue in front of Pall-Mall East.
The plaintiffs contended that they had taken the lease of
the ground on which they had since built upon the faith of
a plan which existed at the time of their contract, and which
represented the whole space, upon part of which the statue
was now to be erected, as open, and not to be built upon.
On looking to the plan as it appeared in the margin of the
lease, this point of the plaintiff's claim would not be found
to be supported, and if reference was made to the larger
plan, and to the Act of Parliament under which the Corn-
missioners of Woods and Forests, (who had given their
consent to the proposed erection) derived their authority,
it would be seen that the plan and the Act were framed
with reference to the whole space over which the
Act was to be carried into operation, and that it
related as well to the houses which were to be taken
down as to those which were to be built. If the right of
the plaintiffs was derived from the latter plan they would be
entitled to have it carried into effect in all its parts, and the
erection at the end of Waterloo-place would be as much an
infraction of the contract as the erection of the proposed
statue. The principal point for the Court to decide, how-
ever, on the present occasion, was one purely legal. It was,
whether the plaintiffs were, upon the grounds stated to the
Court in their behalf, and without any allegation of fraud or
mistake, entitled to claim that the contract they had made
for their lease, and the lease itself, was to be held to include
the plan said fo have been exhibited to them at the time
they agreed to take the house. His Lordship could not
hold that the plaintiffs had such as right as they had alleged.
With respect to the assertion that the statue might be or
would be a public nuisance, his Lordship thought that as-
sumption was wholly unsupported, and for the reasons he
had stated ho must discharge the order for the injunction
which had been obtained.

REX V. CARR-REX V. KIRKALDY.
Mr. Carr, it appeared, is a member of the new town
council at Sunderland, and agent to Lord Durham in the
collieries. About the middle of 1834 a Mr. Snowball, an
attorney at Bishop Wearmouth, was professionally employed
in arranging the affairs of an insolvent who was indebted
to Lord Durham to the amount of several hundred
pounds. Mr. Carr imagining that through the manage-
ment of Mr. Snowball creditors to a much smaller
amount had been appointed assignees, thought proper
on one occasion to tell Mr. Snowball in the Lambton Coal
Office that his conduct in the affair was infamous. Mr.
Snowball having pondered over the affront for a period of
two years, thought proper in his turn to say, in the shop of
a Mr. Gully, in Sunderland, that Mr. Carr was no better
than a miscreant, and had treated him (Snowball) like a
brute in the Lambton Coal Office, Mr. Gully being an inti-
mate friend of the party to whom these epithets were ap-
plied : the consequence was, that next day, Mr. Kirkaldy,
as the friend of Mr. Carr, called on Mr. Snowball, at a
hotel in Sunderland, and, in the name of his principal, pre-
sented a letter, demanding in good set terms " the satisfac-
tion of a gentleman." Mr. Snowball, with professional
caution, inquired whether " the satisfaction of a gentleman"
meant Mr. Carr to fight a duel with pistols ? " Certainly,"
replied Mr. Kirkaldy, " of that there can be no doubt."
Mr. Snowball then proposed to retract the expression he had
used, if Mr. Carr would retract those which had given rise
to it. Mr. K. refused to carry the message to Mr. Carr, and
finally Mr. Snowball wrote a letter in reply to the challenge,
stating his determination not to accept an invitation of that
kind from Mr. Carr or anybody else. Mr. Kirkaldy, on
receiving this letter, rung the bell, and desired the waiter
to bring up the case he had left below. The case was
brought up, was unlocked, and displayed to the eyes of
Mr. Snowball a pair of very stylish hair-triggers. " There,
said Mr. Kirkaldy, "are the pistols ; and I expect
you will meet Mr. Carr at Mary's Gill in half-an-hour."
This Mary's Gill, it appeared, is a very narrow ravine near
the town, and about as killing as a sawpit. Mr. Kirkaldy
then locked the case and walked off with it under his arm.
Mr. Snowball, not at all influenced by the " persuasive"
so ingeniously applied by Mr. Kirkaldy, remained of the
same opinion, and was in consequence posted by Mr. Carr
in the public news-room in Sunderland as a calumniator
and a coward.

Both parties were respectively found Guilty.
During the trial the following epigram was quoted :
Needless, 0 Carr I your pistols arc,
Kirkaldy, curb your ire,
What man of tact, could e'er expect,
A Snowball to stand fire ?

POLICE INTELLIGENCE.

MANSION-HOUSE.

Several Shetland men applied to the LORD MAYOR under
the following circumstances :—They had, they said, been
led by a publication issued by Mr. Anderson, of the house
of Wilcox and Anderson, merchants of London, to accept
a proposal to engage in the Marquis Barbacena's estab-
lishment for carrying on the sperm whale fishery in Brazil
for three years, at the rate of 40s. a month. The Marquis
having, however, broken his agreement, the applicants
were plunged into great embarrassment and poverty, and
their families were no doubt, by this time, suffering intense
privations. Many of those who relied upon the representa-
tions which had been made had contrived to get situations
for themselves, others went back to Shetland from London,
to which city they had all come after having made arrange-
ments to let their poor families receive half the money they
should earn ; but the rest, those who constituted the pre-
sent petitioners, after having given up all chance of gain at
home by entering into the engagement, looked to Mr. An-
derson as under obligations to make up for the losses they
had sustained.

Mr. Anderson, who attended most willingly the moment
he heard of the nature of the application, and expressed an
anxious hope that publicity would be given to the facts,
stated that he admitted the existence of the engagements
made by him upon the part of the Marquis of Barbacena,
but declared that the complainants, instead of having any
claim upon him, were greatly in his debt.
The Loan IVI?.YOR asked whether an official notice had
been sent from the Government P—Mr. Anderson replied
that there was no doubt it. The letter which he had re-
ceived; intimating the fact mentioned that the parties who
had complained to the Government were desirous of keep-
ing the price of labour low in the island, and therefore had
used their influence to prevent the emigration of those who
submitted to the inconceivable drudgery of working in the
island.

One of the men (Jeremiah Tait), said that as the Go-
vernment had caused the breach of contract, they would
apply to the head of the Government for redress.
The LORD MAYOR could not see what legal claim they
had upon Mr. Anderson, whose respectability was well
known, and who there was no doubt was most anxious for
the good of his countrymen.
Mr. Anderson assured his Lordship that he had tried
every means to serve them, for they were treated as mere
serfs. They were turned off at will, and if any person
wished to have the poor bondsmen he was obliged to apply
to the laird who owned them, and to pray that potentate for
their services.
It is needless to state this scene caused mush astonish-
ment amongst those who were present.
The subject will, it is probable, be alluded to in Par-
liament.

HATTONeGARDEIV.
Yesterday, Jertnnkh Gzenard and Patrick Egan, two
noted thieves, were brought up in the custody of inspector
Bell, and police constables Pitchford, Armstrong, and Phi-
lips, of E division.
At about half-past twelve o'clock on Tuesday night the
prisoners entered an unoccupied house in Chichester-place,
Gray's Inn-road, when they were alarmed by the police,
and they made their retreat over the roofs of the houses,
and entered the attic window of Mr. Burrowes, dairyman,'
of No. 22. Miss Burrowes and the servant were alone in
the lower part of the house, and hearing a noise up stairs.,
and concluding that thieves had made an entry, Miss Bur-
rowes provided herself with a loaded pistol,
and proceeded
up stairs with the servant, when they discovered both the
prisoners coming down the stairs, and they were about to
make a resistance, on which Miss Burrowes presented the
pistol at them, assuring them that it was loaded, and if they
did not surrender themselves quietly she would blow out
their brains. The prisoners kneeled down and begged of
her to spare their lives, as they had made their escape from
officers. She, however, was resolute, and repeated her
threat, and ordered the servant to call the police, while she
stood before the prisoners keeping them in intimidation
until the officers arrived and took them into custody. On.
'atching the unoccupied house a ,couple of sacks and a

THE SUN, LONDON, THURSDAY. JULY 28, 1536.

course the hares got away; and the question was, whether
the fact of Yorick hating in the second heat got up to the
hedge first, WEis decisiia itt
Several witnat4o 60'1 ikt 80140 iti ttiv&it'r 6 Yorick.
The Jury found for the delennant.

WESTERN CIRCUIT.—ExErEB, JULI' 25.
The Jtidget opened the Commission here on Saturday
last, and business commenced this morning. Mr. Baron
Alderson presides in the Civil Court, and Mr. Williams in
the Crown Court, There are nineteen causes and fifty-six
prisoners. This morning the Court got through ten of the
causes, :treat and unusual number hating been compro-
mised. frliefti itidg tin litisims9 of any interest on the Crown
side, ror at Nisi

MIDLAND CIRCUIT.—DERnr, JuLr 26.
FOSTER V. ROSE THE YOUNGER.
This was an action of trespass and false imprisonment.
The plaintiff is a poor man, residing at Cheddesden, near
Derby, the defendant being the constable to that parish,
The plaintiff had, some few years ago, taken in a small
piece of the waste lands of the manor (of which the Mar-
quis of Hastings was said to be the Lord), and built a pig-
stye, which he had subsequently taken down and cultivated
the land as a garden, fencing it in by building a hedge and
so on. He enjoyed the same without interruption till 1833,
when the defendant, having failed in his endeavour's to get
the plaintiff ejected from the land, thought fit to level the
fences which Foster had made, and by means of a pickaxe
soon laid the land once more open. Foster coming up
while the work of destruction was going forward, took up a
stone, about as big as his own head, which he threw at the
defendant, but, however, luckily missed him ; upon which
Rose went away but shortly returned, and without any war-
rant or authority whatever, took Foster into custody, hand-
cuffed him, and took him through the streets in that con-
dition to Derby, where he lodged him in gaol. He was sub-
sequently tried for the assault, and fined 20s.
The Jury found for the plaintiff—Damages, 40s.
During the course of the trial there was a good deal of
bickering between the different Counsel engaged in the
cause, to which his Lordship kindly lent his aid, and, oh-
servinuthe defendant's attorney whispering to his Counsel,
the Learned Judge complained much of solicitors thus
" ear-wigging" Counsel, which he stated to be quite a
modern practice, and one that he himself never could
endure ; indeed, on one occasion, he recollected the late
Sir Vicary Gibbs, when at the bar, on being thus ear-
wigged, giving his attorney such a terrible slap of the face
that it would have rang throughout Derby, and he (Mr.
Justice Parke), who was present, was never so frightened
in all his life. The attorneys did not seem at all to relish
the anecdote.

NORTHERN CIRCUIT.—Dumwr, JULY 25.
On Saturday the Commission was opened by Mr. Justice
Coleridge, Mr. Baron Parke having been detained at
Yorke by the press of causes at Nisi Prius. To-day the
Judges sat at ten o'clock. The business in both Courts is
extremely light. Four causes only are entered at Nisi
Prius.