The Sun.
London, England, 1849-07-28 00:00:00

Mr. Bates appeared, with Mr. R. Palmer. Mr. Lloyd,
for Mr. Alderman Gibbs, and Mr. Rogers, for Dr. Croly,
took no part in the argument.
(Before Sir J. WIGRAM)
BROGDEN V. THE SOUTH-EASTERN RAILWAY COMPANY
(NORTH KENT LINE).
This case was again mentioned to-day. It was stated
that the parties had been unable to come to any amicable
arrangement ; that the Government inspector had re-
ported that the line was fit for working, and that the
Railway Board had given leave to the company to work
the line from and after Monday next, but expressing
their wish that the company would take such steps as
would ensure the restriction of the trains to a moderate
speed until the new embankments were completely con-
solidated.

WIIISTON, CLERK, V. THE DEAN AND CHAPTER OF
ROCHESTER.
The Court has been engaged during the greater part
of the day with a motion for an ihjunction, restraining.
the Dean and Chapter of Rochester from removing the
plaintiff from the office of master of the free grammar
school of the cathedral church of Rochester. The case
turns mainly upon the construction of the deeds of
foundation in 1542, and upon a very lengthened corre-
spondence between the reverend plaintiff and the Bishop
of Rochester, as well as with the Dean and Chapter.
The Solic tor-General had not concluded his opening
of the case when the Court rose.

COURT OF BANKRUPTCY, July 27.
(Before Mr. Commissioner PANE.)
ALLEGED FRAUD.—IN RE DAVIES AND DAVIES.

Today was fixed for a dividend meeting. The bank
rupts were builders.

Mr. BROWN, for the London Gas Light Company, ap-
plied for a short adjournment of the case, and also for a
summons to compel the attendance of certain parties,
especially a discharged servant of the Gas Company,
who, it was asserted, had been in collusion with the
bankrupts in charging the company for work done five
times over. Messrs. Davies owed upwards of 3,0001.,
and there were no assets (only 124/., the solicitors' bill
being 70/. or 80/). There was property to the extent
of 900/. in the hands of a third party, which was be-
lieved to belong to the bankrupts, one of whom (Daniel)
had absconded to Australia ; and it was feared that the
other would follow suit if a short adjournment were not
granted, which was asked upon public grounds, at the
expense of the Gas Company.
His HONOUR said that, under such circumstances, he
would grant the applicotion.

POLICE INTELLIGENCE.
MAR YLEBONE.
Mr. George Edward Lawrence, a well known fre-
quenter of china sales, was brought before Mr. Broughton,
charged with having stolen from No. 6, Kensigton-
garden-terrace, two valuable Dresden china orna-
ments, the property of the executors of the late George
Robins, Esq.
William Chanter, a porter in the employ of Mr. John
Robins, deposed that during a sale which took place
yesterday at the residence of the late George Robins,
Esq., ho observed the prisoner looking about a table in
the boudoir, on which was displayed a quantity of rare
Dresden china, amongst which were the two china orna-
meats produced. Witness had occasion to leave the
room for a few minutes, and on his return the prisoner
had left the house, and as the china ornaments were no
where to be found, he suspected that the prisoner had
taken them. He immediately sent one of the other par-
tors after the prisoner, who was brought back in custody
of a police constable, who had taken tram him the stolen
property. As several other articles were missing,
witness was instructed to apply for a remand till the sale
was over.

The prisoner, who seemed to feel deeply the degraded
position in which he had placed himself, was then re-
manded till next Friday.
IVESTM IN STEP.
FORGERIES.—A man and woman, who gave their
names as Joseph Pye and Mary Myers, were finally ex-
amined, charged with forgery.

The circumstances are briefly these. On the 7th in-
stant, the sum of 251. was deposited in the Westminster
Savings Bank, in the name of Joseph Pye, and
faenmdaolenthe
11th notice of withdrawal was given by the
pri-
soner, who was then informed that the depositor must
attend to receive tho money. On the 18th the prisoners
both presented themselves at the savings' bank with the
depositor's book, the male prisoner personating the
Joseph Pye who had opened the account with them, and
signing that name in the receipt book; but owing to the
dis.imilarity of his signature to that give at the time the
money was deposited the actuary refused to pay him.
The male prisoner declared he was the depositor, and
pretended that the writing dill-red owing to having been
drinking at the time he first signed; but after a detention
of some time the female admitted that the male prisoner
was not the depositor, but alleged that the money be.
longed to her. They were given into custody, but re-
fused to state where they lived, assigning as a reason
that they did not please to have their residences
searched by the police, and the male prisoner admitted
that he had assumed the name of Joseph Pye. His com-
panion, after giving three or four names at the station-
house, made her election in favour of the one in which
she was subsequently committed.
The real Joseph Pye now attended, and stated
that he had for three years resided in the house of the
female prisoner's mother, who died a few weeks ago,
since which he had continued to occupy a room under
the female prisoner, who became the landlady of the
house. He left his banking-book in his apartments, from
which it must have been taken during his absence.
During the time the last witness was giving his tes-
timony the female prisoner conducted herself in the
most outrngmous manner, abusing him in the most die-
gasting language, and declaring that he had made
her a present of the money in the bank. She then
threatened that if he said another word against her
she would have her revenge, and finding that this did
not deter him from continuing his testimony against
her, which was given apparently in a plain and straight-
forward manner, she uttered some filthy expres-
sions,
and made a desperate attempt to rush from the
felon's dock towards him, but was firmly pinioned by
the gaoler and r rdvented. In the course of the prose-
cutor's testimony, he denied in the most positive terms

LAW INTELLIGENCE.
VICE.CHANCERY COURT, July 27.
(Before Sir J. L. KNIGHT BRUCE.)
ATTORNEY-GENERAL V. G 13135 AND ANOTHER—ST.
STEPHEN'S, WALDROOK.
This was the petition of Charles E. Martins, of Beck-
lersbury, and John Liteking, of Walbrook, who de •
,scribed themselves as being churchwardens of St. Ste-
phen's, Walbrook; and of'E. Horner, of Bucklersbury,
,of Budge-row, and Frederick Izsnt, of Bucklersbury,
'who were described as overseers of the same parish. It
prayed that two sums, the one of 1,0041. 13s. 10d. Bank
Annuities, and the other of 1,4611. 6s. 9 I. cash, might be
paid to the petitioners as the churchwardens and over-
seers of the parish, to be applied by them towards pay-
ment of certain debts of the parish; that the receiver who
had been appointed in the cause might be directed to pay
to the petitioners, as such churchwardens and overseers,
; And to their successors for the time being, the whole of
the rents and profits of certain freehold premises, except
one-third of them, arising from the parsonage-house, to
be paid and applied from time to time by thorn for the
use and benefit of the parish in aid and relief of the
poor-rate; and that the petitioners, as such church-
wardens and overseers, and their successors for the
time being, might be at liberty to attend before the
Master, and upon all proceedings under the order of
the 11 th of March last, for the appointment of
new trustees of the freehold premises. The pe-
tition was presented upon the information filed in
1844, in which Mr. W. F. Rock was the relator, and Mr.
Alderman Gibbs and the Rev. Dr. Croly were the de-
fendants. The petitioners stated that, in consequence of
the parochial liabilities, they had been obliged to levy
two rates for the poor, the one at Is. 6d. the other at
Is. 9d. in the pound, and this had produced some ex-
citement and resistance in the parish, who were aware
of the sufficiency of the funds belonging to the parish
to meet their liabilities ; that the debt due to the City
of Landon Union for the care of the poor, and to other
creditors, amounted to 3,0001. and that the City of Lon-
don threatened them with proceedings.
Mr. Russell and Mr. Biggs argued the case in sup-
port of the petitioners, and observed upon the rival
claimants for the office of churchwarden.
His HONOUR observed that there appeared to be
a very laudable ambition on both sides. It appeared
there were two conflicting vestries, two conflicting
vestry-books, and two conflicting sets of church-
wardens.
The counsel for the petitioners having been heard,
The VICE-CHANCELLOR, without calling upon the
respondents, said—There appears to be a substantial
question, whether the two petitioners, who allege
themselves to be the churchwardens of the parish
of St. Stephen, Walbrook, are or are not de
jure church wardens ; and the Master in the
cause either has appointed or approved, or is
in the course of appointing or approving, new trustees
of the property, from the rents of which has arisen
money or the fund which is one of the objects of this pe-
tition. Without pronouncing any opinion for or against
the title of' these two gentlemen, who thus allege them •
selves to be de jure and de facto the churchwardens, the
circumstances that I have stated are sufficient of them-
selves, without entering into any other matter, to render
it impossible, in my opinion, to make any order for the
transfer or payment of any part of the fund or any money
under this petition at present. The only remaining
question is whether, considering the position in which
Mr. Gibbs stands, it is reasonable that, under a reserva-
tion of all costs, both of this petition and also of the at-
tendance of the petitioners before the Master, or any
service upon them for that purpose, they should, without
prejudice to any question, and without the denial or ac-
knowledgement of any title, be allowed to attend the
Master, an allowance which, if given, cannot extend to
their successors, but must be confined to these gentlemen,
and until further order. If the Attorney-General, or the
respondents who have not been heard, wish to oppose
that, let the argument proceed.
Mr. R. PALMER, who appearedfor the relator, and the
parties who claimed to have been duly elected church-
wardens, was then heard upon the latter point, and con-
tended, hat, as the receiver's accounts had been passed,
and the Master had approved of gentlemen as trustees,
the attendance cf the petitioners before the Master could
only lead to useless expense and delay,
The VICE•CHANCELLOR—I am of opinion that, under
the reservation I have mentioned, the petitioners ought
to have liberty to attend the Master under the orders,
which are now before the Master, so far as anything re-
mains to be done. The Court reserves the consideration
of the costs, and of all costs to be occasioned by means
of this order, and it is to be without prejudice to any
luestion, and there is to be liberty to apply. The Master
is to be informed that the Court does not intimate any
opinion whether he ought, or ought not, to release, or
go back, upon any proceedings that have taken place
before him.