The Sun.
London, England, 1849-10-19 00:00:00

Mr. King, a solicitor, who appeared for the de-
fendant, after assuring the magistrate that his client
was most anxious to court the fullest investigati n
into the whole transaction, adverted to the statement
previously made by the complainant, that the whole
of his property, to the value of at least 501., had been
swept off under the execution, whereas the fact was
that the defendant had no power to take more than,
according to the valuation, would be sufficient to
cover the debt, costs, and expenses, and the goods
when sold had only realised about 7s. more than
the amount of his original estimate. He wished
also to explain that the execution was in reality levied
by an officer of the Palace Court, named Griffiths,
who had afterwards employed his client in the ordi-
nary course of business to make a valuation and sale
of the furniture, and it would be manifest that he
could have no pecuniary motive in seizing for more
than he was authorised, when he mentioned that he
was only allowed a per tentage upon the actual sum
for which execution was levied. He was bound, also,
by the Act to leave 51. worth of goods in the place,
which had been actually done in this instance, and he
was prepared with evidence to prove that the bed sold
was the same he had taken from the complainant's
house, and which before its removal he had only ap-
praised at two guineas.
Michael Ward, assistant to Pinner, one of the
Palace Court officers, but acting under Griffiths, the
bailiff of the court, stated that he was left in posses-
sion under the fieri facias, and was present when
the goods were transferred to the defendant's pre-
mises, the defendant himself, accompanied by his
porter, witness, Griffiths, and a Palace Court assistant
named Hickey, following behind the van. The wit-
ness, with some hesitation, added that he had noticed
the complainant's bed at the time of its removal, but
whether that actually sold at the sale was the same
he could not state, as he was called out from the
auction to see a gentleman.
Charles Baldwin, the defendant's porter, deposed
to his having deposited Jones's bed in his master's
premises, where, in the interval between its removal
and sale, it remained under the care of himself and
defendant's wire. He could state distinctly that the
bed sold at the auction was that taken from Jones's
house, and though he certainly bid for and purchased
a bed then sold, he did not buy the one in question,
which was knocked down to a stranger, to whom he
himself delivered it. (The complainant, with much
earnestness, interrupted the witness with the excla-
mation, " You know that you did purchase the bed,
and I have another person present who can prove the
fact.") In answer to questions from the magistrate,
the witness subsequently admitted that he only took
sufficient notice of the complainant's bed to observe
that it was a feather one, and that though he believed
it was the same one sold at the auction, he could not
identify it by any marks.
Mr. ARNOLD said, that though he entirely acquitted
the defendant of the slightest culpability in the trans-
action, he could not help saying that, after the evi-
dence he had heard, there could be no doubt whatever
that, whether arising from the confusion of business,
or whatever other cause, the bed sold at the sale was not
that taken from the complainant under the execution ;
and that as it had been clearly proved to have been in
the possession of his servants, the defendant would un-
doubtedly be liable for the difference between the
value of his bed and the price that the other had
realized. He felt considerable difficulty, however, in
adjudicating upon the case, from his not being em-
powered to examine the complainant himself, whose
allegations were, in great measure, denied by the de-
fendant ; and he would, therefore, put it for their con-
sideration whether the matter should be transferred
to a county court, where both parties could be
examined upon oath and the real facts arrived at ; or
that he should deliver his decision upon the somewhat
imperfect evidence adduced before him.

The defendant's solicitor said that he also felt the
difficulty to which the magistrate referred, as his client
laboured under the disadvantage of having his wife's
evidence excluded, and suggested that it would be a
more advisable course that the magistrate should, for
the present, suspend his decision, as a rule nisi had
been granted in the Palace Court, on an application
to reverse the original judgment, which came on for
argument in a day or two, and if it were made abso-
lute, the complainant would be placed in a position to
claim full compensation for the losses he had sustained
from the parties who had sued him.

Mr. ARNOLD coincided in this suggestion, and
finally determined to adjourn his judgment for a week.

THE ARMY.

Tnoops FOR INDIA.—The following detachments
from the Provisional Battalion at Chatham garrison
arrived at Gravesend yesterday morning, consisting
of 19 men of the 25th (the King's Own Borderers);
12 men, with two women and two children, 51st
(King's Own Light Infantry); and 13 men, with
two women, of the 84th (York and Lancaster). The
detachment of the 84th includes one band-master,
Mr. Hill, one armoury sergeant, J. Delaney, and
one model school master. With the above there was
also a detachment from the cavalry depot at Maid-
stone, consisting of 65 men of the 15th Hussars,
with Cornet William 0. Bird, of the same regiment.
These troops embarked in boats from the Custom-
house-quay on board the ship Tartar, 567 tons bur-
den, Commander James Rudge. The following
officers also embarked :—Major J. Thomas Griffiths,
25th, in command, with Ensign Alexander Strange,
Ensign Francis K. Cox, and Ensign Harvey, officers
of the 25th; Captain R. D. Baker and Ensign
Samuel Robbins, 51st Regiment; and Lieutenant J.
G. Bolton and Ensign John M`Mahon, 84th Foot.
These troops are to join the head-quarters of their
respective regiments serving in the Presidency of
Madras. The ship was inspected the previous day by
the Commandant of Chatham garrison, Colonel J.
Simpson, with the Brigade-Major, Capt. J. S. Wood.
This makes the last embarkation of troops for India
this year.
ROYAL MARINES.—WOOLWICH, OCT. 18.—Four
sergeants, four corporals, three drummers, and 100
privates of this division, have been placed under
orders to proceed by. railway to Portsmouth to-
morrow morning for immediate embarkation for sea
service.

NAVAL INTELLIGENCE.
APPOINTMENTS.

Lieutenants—Richard J. Turner (1846) to the
Superb, 80, at Queenstown; Robert Ward Clark
(1844) to the Conflict screw-sloop, at Devonport.
Midshipmen—Arthur J. Grey to the Scourge
steam.sloop, fitting at Portsmouth ; J. H. M. Cal..
craft to the Leander, 50, fitting at Portsmouth ; H.
13. D. Freeman, to the Ganges, 84, fitting at Devon-
port.
The Superb, 80, Captain Purcell, shipped the
Hogue's men and supernumeraries at Devonport on
Wednesday, but as the wind veered round to the
south, she waited in Plymouth Sound until yesterday
morning.
The Octavia, .50, in charge of Mr. Henderson and
party, arrived in Plymouth Sound, from Pembroke,
on Wednesday, and was towed into Hamoaze.
PLYMOUTH, OCT. 17.—Admiral Sir John Loulis:
Admiral-Superintendent of the Dockyard, hoistedbrd her his
flag, blue at the fore, on promotion, on board
Majesty's ship Agincourt, in Hamoaze, on Saturday.
Her Majesty's steam-vessel Confiance arrived from
Portsmouth on Friday.
Her Majesty'sidayby Commander
aldr
ConflicteConflictDrake. was
On Satur-
day,
at
r-
commis-
sioned on ,r
day, after leaving her mooringsorremoval
whento the
coal depot, she grounded on the Westf mud, a
light was placed on each side of her. She was got off
the next day (Sunday), and was this morning taken
into the North Dock to have her copper examined.
The Conflict is bound to the Coast.
Her Majesty's steam-vessel Trident will be taken
out of dock today.
Her Majesty's packet Seagull was this morning
taken into the graving slip, to have her copper cleaned.
Her Majesty's ship Ganges crossed topsail yards on
Monday ; her hands are in full activity, as the ship is
expected to be ordered into the Sound on Saturday.
The Dieppe and Brighton merchant steam-vessels,
from London, came in last evening. When coaled,
they will go to the Mediterranean, where they will
be permanently employed as auxiliaries.
Wind S.W., fresh breeze.

Almsgiving never made any man poor, nor robbery
rich, nor prosperity wise.—Elica Cook's Journal.
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mitigate the disease. In this suffering condition he was ad-
vised to try Holloway's Ointment and Pills, and he com-
menced a regular application of them, which in a short time
effected a complete cure. The Adaoide Obselver, of the 15th
March, ltt4B, publishes this as one among the many astonish-
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