The Sun.
London, England, 1849-04-12 00:00:00

SHERIFFS' COURT.—(THIS DAY.) I
(Before Mr. Under-Sheriff BURCHELL.)
PAINTER V. 'WILLIAMS, CLERK.
The plaintiff in this action is the proprietor of the
Church of England Magazine, and defendant is vicar of
Hendon. The claim was for 61. ss. for magazines sup-
plied from January, 1844, to January, 1845.
Evideeee was adduced to show that the defendant had
frequently promised to pay, and a verdict was given for
the iium
BIRCH V. EDGECUMBE. —DILAPIDATIONS.
This was an action to recover damages for dilapidations,
&c., under peculiar circumstances.
The facts were these, the defendant took the premises
situate in St. Anne, Soho, on a lease, in which was a cove-
nant to keep the premises in repair. After being in pos-
session four or five years, defendant set about performing
some repairs, but in the hurry gave no notice to the dis-
trict surveyor, and as the alterations were not in confor-
mity with the New Building Aet, and in eonst quence the
house was condemned, and almost wholly pulled down,
the expenses in rebuilding was about 5001, which was
now sought to be recovered.
The UNDER-SHERIFF said this was not a repairing
lease, but the eovenint was merely to keep in repair,
that was, he was to keep it in repair according to the
length of time he occupied, but not to make the house
peeect.
Mr. PRENTIS, for the plaintiff, submitted that the
damage had been wholly caused by defendant's negligence.
Mr. Wiltshire, a surveyor, was called, and made a cal-
culation that the house, if properly repaired, would have
lasted for 21 years, but taking the difference of value in
the old and present house, he thought 1501. a fair equi-
valent for the loss.
The jury, after a short consultation, gave a verdict for
1501. damages, and 201. for rent, in all 1701.
COOPER V. HOWE.— FALSE IMPRISONMENT.
This was an action brought to recover damages for
false imprisonment. The plaintiff is a retired surgeon,
and defendant was formerly Colonel of the Fusilier
Guards. The facts relating to the defendant's dismissal
from the army have already been published at great
length.
The defendant allowed judgment to go by default, and
no person appeared on his behalf.
Mr. MELLOa stated the case for the plaintiff, from
which it appeared that a dispute had arisen between the
parties as to the right of some premises at Battersea, and
ultimately defendant obtained a bench warrant against
the plaintiff and a Mrs. Allen, on a charge of stealing
some trifling articles, and plaintiff was taken into eus-
totiy and lodged in Clerkenwell prison in March 1845,
but he was acquitted and discharged immediately, after
having suffered severe privations for several days, no
meat having been allowed him in prison as he had not
been in custody long enough to require it (fourteen days).
Mr. Stevens, one of the officeri, of the prison, said that
the rules were more severe there then, than at the pre-
sent time.
Evidence was adduced to prove the general facts in
the case.
The UNDER-SHERIFF was rather surprised so long a
time had been allowed to elapse from the occurence till
the action was brought.
The jury gave a verdict for 50/.

CRIMINAL COURT.—(THIS DAY.)
OLD COUR7'.
(Before Mr. Justice WIGHT3I.4x.)
FORGERY.— William Wilkinson, aged 30, described as
a smith, pleaded guilty to a charge of feloniously utter-
ing a forged order for payment of 235/. 108., vvitti intent
to defraud W. A. Hankey, and was sentenced to be trans-
ported for life.
MURDER.—John and Eliza Copeland, man and wife
were charged with the wilful murder of John William
Copeland their own child.
The prisoners pleaded Not Guilty.
Mr. BODKIN appeared for the prosecution, which he
said had been instituted upon public grounds.
Mary White, of Somer-street, Hatton-garden, de-
posed that in January last, the two prisoners lodged in
the same house with her, indeed in the next room. On
the Saturday previous to the inquest witness went to the
door of their room about half-past nine and asked how
the child was. The ft male prisoner replied that he was
better—ho had only had a fit. During the follow-
ing hour the prisoner went up and down stairs
three or tour times, and on the last occasion she took her
little girl across the street to Mrs. Parker. In about
three minutes she returned, leaving the little girl behind.
After she had returned to her room witness heard her
walk suddenly backwards and forwards, and then
scream, and immediately afterwards she came down to
witness's door, and said, " Our boy has burnt himself."
Both the prisoner end the witness returned to the room,
when the prisoner took up the child, who was sitting
near the fire-place, and pulled its clothes off. The room
was full of smoke, and the clothes were very much
burnt. There was no fender before the fire. Witness
recommended the prisoner to take the child to the hos-
pital, but she refused to do so, preferring rather
to send for a doctor. When the doctor came
he directed the child to be conveyed at
once to the hospital. Before, however, the arrival of
the doctor the prisoner said to the child, "You naughty
boy, why did you do it. Did I not tell you not to touch
the fire.'

OR cross-examination by Mr. PRENDERGAST, the
witness stated that at the time of the alleged murder
the female prisoner was far gone in the family way,
and had since been confined in prison. The prisoner
was very poor, and their dwelling was the picture of
poverty and misery.

. -
Mr. Wright, a surgeon, saw the child the day before
it was burned, it was in a very exhausted and emaciated
state, and had the appearance of being much in want
of food and nourishment. He saw the child after it
was burned, and directed it to be taken to the hospital.
The clothes bad been taken off and were in a moulder-
ing condition, and the mother was applying oil to the
burns. The tire was in such a state that it was cer
taicly possible for the child to have burned itself by
accident.

The case was stopped at this stage, the Learned
Junco thinking thQro was no evidence of murder agairut
the F risoners, and the jury at once returned a verdict of
Not Guilty.

Mr. BoIKIN said there was another indictment against
the prisoners for ill-using the child, but he was not pre-
pared to go into it then..

- The prisoners were therefore put down till a fu-
ture day. _

MANSLAUGHTEII.—James Cowell surrendered to take
his trial for the manslaughter of John lleatherington,
late of Farringdon-street.

It appeared-from the evidence that on the morning of
the 27th of February the prisoner was driving some
cattle from Smithfield market, and passing down King-
street, Snow.hill,one of the beasts darted up a yard called
Fox and Knot- court, where the deceased was standing.
He remonstrated with the prisoner fur not
being more careful in his driving, end some
words and a scuffle ensued, which so frightened
one of the beasts, that it ran away, and the deceased
went in front of the other beasts, and turned them all
back. The prisoner then demanded of the deceased why
he did not turn them back when they entered the court,
and the deceased said he would have done so bad the
prisoner called out to him to do so, to which the man
who was with the prisoner replied "I should like to
strike you across the with my stick," the prisoner
adding, " And I have a great mind to punch your head
for you." The deceased said " You can't do it," upon
which the prisoner replied " I'll punch your head
for you if you don't go away," holding his stick up in a
threatening manner, but thinking better of it, he walked
on a few steps, when the deceased called out "You had
better do it—it will take a better man than you to do
it," which so annoyed the prisoner that ho returned, and
struck him in the face with his fist. They both closed,
and fell together, and in the struggle the prisoner's cap
came off his head, and while he was picking it up the
deceased struck him in the face. The prisoner again
turned to go away, but the deceased followed and
struck several blows at him, which led to another struggle,
when they both fell again to the ground, and the de-
ceased being undermost, his head came in contact with
the curb-stone, and a severe wound was inflicted on it.
The prisoner then resumed his journey, and the deceased
Has conveyed to a doctor's. The wound was dressed,
and the deceased went home, to all appearances, very
little it.jured, but in a few days afterwards erysipelas
supervened, which ultimately resulted in death.
Mr. lIUDDLESTONE defended the prisoner, and elicited
in cross-examination of the witness who saw the occur-
rence, that the deceased was the aggressor in the first
instance ; while the medical mate gave it as kis opinion
that the erysipelas might have resulted as much from
the previous mode of living of the deceased as the wound.

The jury, after the cross-examination, stopped the
case, and Acquitted the prisoner.

IVEW LUUItI.
(Be ore the RECORDER )
PICKING POCKETS —A youth named John Parker
pleaded guilty to picking a lady's pocket of a purse, con-
taining some money. He had been thrice convicted of
the same offence, and once summarily convicted of
another offance.

The RECORDER said it was absolutely necessary in this
metropolis that persons who pursued the trade of pick-
ing, pockets should be severely punished, for it was not
lake any other offence which a party might be induced to
commit from want or from some sudden temptation.
Those who picked pockets went out to pick pockets, and,
in fact, pursued it as a trade, and therefore ought to be
made an example of when detected. As the prisoner
had been convicted ou four previous occasions, the sen-
tence upon him was that he be transported fur ten years.
A juryman intimated that he had his pocket picked
this morning while on his way to the court.

Two men were found Guilty also of picking pockets,
and one sentenced to twelve months' imprisonment, and
the other, who had been previously convicted, to ten
years' Vann ortation.

STEALING FROM THE PERSON.--TWO young women,
named Herbert and Blandford, were found Guilty of steal-
ing from the person of a gentleman, named Welch, a
‘vutcli, value let It appeared that they Loth led a dis-
s6ute course of life, and were the associates of thieves.
Herbert, who had previously been convicted, was trans-
uortk d for ten years, and the other prisoner sentenced to
b 3 imprisoned for one year.

MIDDLESEX SESSIONS.
(THIS DAY.)
(Before the ASSISTANT-JUDGE.)
Mary Powell, a oung Irishwoman, was indicted fur
the following heartless and ungrateful robbery.
In the hkg!nning of this mouth she aptlitd, in circum-
stances of great destitution, to a poor laundress, named
Mary Shekspear, residing in St. John's-terrace, Clerkcn•
well. Employment was given to her out of pure
compassion, but she had scarcely been set to work when
she was observed by a little girl to take some clothes off
the line, put them under her shawl, and walk out of the
house with them. She was followed and givers into cus-
tody, and the case being clearly proved, the jury found
her Guilty.