The Sun.
London, England, 1849-11-21 00:00:00

S DAY•)

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was abandoned altogether. The present case was pre-
cisely of a similar nature. The plaintiff was employed
98 Keek3 in assisting in the construction of bridges and
culverts, &c., on the Brrkshire and Hampshire

at the rate of 11. a week; he receiv d ral lumping
sums on account, and the balance h was due to hiin
consisted of salary and pa: fly of some expenses inci-
dental to his employment, and amuunted to more than
20/. But he reduc..d the debt, with .w. altogether
abandoning the balance, so as to :void brinaing the
action in a superior court. The particulars of demand
were disputed by the defendant.
The CHIEF JUSTICE said the demand was as simple a
one as could well be, for it was rutrle up only of a running
I account of wages at so much a week, and of travelling
expenses incidental to the plaintiff's employment. The
case involved no complexity such as to require its
removal to this court, and was just a else of that nature
•which would probably be referred to some gentleman
- for decision, if put down for ti ill ut Nisi Prins. The
gentrethan before whom the case would come in the
'"- County Court was, perhaps. the most competent person to
inquire into the matter. The Court were, therefore, of
opinion that there should be no certiorari, but a rule
alight be taken with respect to the prohibition.
Bale nisi accordingly.

EXCHEQUER.-(THIS DAY..)
(oittings in Bunco.)
DUKE OF BEAL'FORT V. SMITH.

This was a part-heard ease. It came before the
Court on a demurrer, and the question involved in it
was whether the Duke of Beaufort, as lord of the manor
of lidvey, was entitled to a toll of 4d. per " wey" on
coals carried ovtr his Lordship's lends tor exportation
from the adjaceni; harbour of Swansea.
Mr. M. SMITH. on the part of the plaintiff, rested his
case principally on the fact that this toll had been levisd
by the Duke of Beanfort and his slices' ors, as lords of
the manor, for a period of upwards of 300 years.
He submitted, therefore, that their Lordships would
presume that the payment in question was an im-
memorial payment, unless some reason to the con-
trary were shown. He submitted also that before
the statute of Quia Emptores it was possible there was
custom in the manor that fourpence per " wey" should
be levied on all coals which should be dug and exported.
It was an axiom in law, that every prescription was good
if it could be shown that it had had a legal origin ; and
he contended there was sufficient to show that the cus-
tom in question had had such a commencement. The
lords of the manor had the intervening land between
the collieries and the shipping place at Swansea, where
the coals were exported, and that he submitted was a
good foundation for the origin of this toll.
Mr. Baron ROLFE said, did this afford evidence of an
immemorial payment; if it did, could that payment be
supported; and if so, did the documents show that?
Mr. M. SMITH said it was a matter of admiration that
the documents bearing on the point, which had been
ransacked for a period of three hundred years, were
found so entirely uniform. So early as the years 1664
and 1675 Abere was a perfect description of this toll, in
certain leases under those dates. It was described as
" fourpence for every wey of coals dug in the lordship
of liilvey and exported over the bar at Swansea."
Mr. ASPLAND, on behalf of the defendant, admitted
that this payment was neither claimed as a duty, a simple
toll, nor as a manorial custom; but was evidently com-
pounded of all three of them. Tho very mode in which
the plaintiff claimed it, he submitted, was an indication
of weakness.
(The argument was proceeding when our report left.)

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice PATTESON.)
HARRISON V. DYSJN.
In this case Mr. Keene had obtained a rule nisi call-
ing upon Mr. Dyson and the Lords of the Treasury to
show by what right they demanded and received certain
fees from the public, but yesterday the Attorney-General
applied for an enlargement of the rule, on the ground
that the fees were of great antiquity, and it required
some time to collect evidence to establish their validity.
Mr. KEENE now appared to complain of the Learned
Attorney-General having moved in the matter behind
his back.
The ATTORNEY- GENERAL Saw no reason for the com-
plaint; all that he wanted was time to file affidavits.
ese fees did not belong to the individual named in
the rule, but to the public.
Mr. KEENE had no objection to the course, provided
he had time to study the afihiavits when they were filed.
The attorney in the case wrote to the S licitors to the
Treasury, staring that he had no objection to the en-
largement of the rule, on condition that he was supplied
With copies of the affidavits ; but to show the manner in
Which public servants treated the public, no notice was
taken of this intimation, but the Attorney-General was
instructed to come and move behind his back. If the
Attorney-General, however, would pledge himself that
he should be furnished with copies of the affidavits he
would consent to the enlargement.
The ATTORNEY-GENERAL—I can give no such
pledge, but you shall see the affidavits before they are
Sled.

Mr. KEENE observed that this was a matter of great
public importance, and he ought not to be taken by
surprise.
The ATTORNEY• GENERAL—Pooh! pooh! What a fuss
you are making about nothing. It is not the most im-
portant case in the world because my Learned Friend is
engaged in it.
Mr. KEENE—But it is most important to me that I
Should be able to do my duty properly.
The ATTORNEY. GENERAL—WeII, you shall have
imple time to consider the affidavits.
Mr. Justice PATTESON said after that promise the rule
Must be enlarged.
The rule was accordingly extended till next term.
THE QUEEN V. COOKSEY.
Mr. HoDGEs applied for a writ of certiorari to remove
ari indictment into this court which bad been found
against a Mr. Cooksey, at the Quarter Sessions of
nath, for having deposited baskets in the Bigh-street
?I that city, and thereby caused a nuisance. From time
immemorial up to a recent date the public bad been in
the habit of holding a market in this place, which had
beau attended by many thousand persons, and it was of
the greatest possible importance, that the buyers and
sellers frequenting the market should not be deprived
of their right to stand there. In-the sixth year of the
reign of his late Majesty King George the Third the
Corporation of Bath obtained an Act of Parliament for
tera"ing the market, but instead of removing it, they
ad built a new one, and made charges for the stalls.
The public, however, had never acquiesced in this pro-
"eding, and from time to time they had continued to
take their places in the high street, which had caused
ne corporation to single out Mr. Cuoksey, and indict
Mill for the purpose of trying the right. The Court
would perceive that the main question in the case would
turn
upon the construction of an Act of Parliament, and
t was therefore important that it should be decided by
a superior tribunal.
Mr. Justice PATTESON granted the application, and
the writ was directed to issue in the first instance.

BOW-STREET.—(THIS DAY.)
Walter Loftus, a middle aged man, was charged with
having assaulted his brother, Mr. Loftus, copper-plate
Worker, of Long acre.
The complainant stated that about six months ago
he ehargt d the prisoner with having destroyed his door-
Plate, and since then he had not heard anything of him
till this morning, when be came to his shop in Long_
acre, between ten and eleven o'clock, and after assaulting
him in a moat violent manner, he deliberately put his
foot through one of the window-paces.
The prisoner, in bis defence, denied the assault, and
the breaking of the window was an accident.
Mr. HENRY asked the prisoner if ho had any objection
to pay for the window.
The prisoner said he had not, adding that the reason
be went to his brother's was to ascertain whether he
really did live there, as he had a writ to seize upon him
for the recovery of some property.
The complainant stated that the prisoner had once or
twice exhibited a pistol to some of his friends, threaten
log that he would shoot his (the complainant's) brains
Out the first opportunity that presented itself.
Mr. HENRY fined him forty "billings, or three weeks'
imprisonment for the assault, and directed him to pay
three shillings for the window, or undergo seven addi-
tional days of imprisonment.
The money was eventually paid.

• MARLBRO*-STREET-(THIS DAY.)
An ill-looking fellow, who gave the name of James
Tamlyn, but whose real name is William Jenkins,
' the keeper of an office at 25, Hertford street, Fitzroy-
_
market, ostensibly for the purpose of providing servants
*With situations, was placed before Mr. Hardwick, charged
' tvith'having assaulted a lad named Robert ' Hussey, by
throwing an earthen jug full of water at him.
It appeared that on the preceding evening the corn-
, plainant was passing down Hertford-street, and on
arriving opposite defendant's door the latter came out
and threw a large jug fall of water at him. The jug
struck him on the side of the head, and his clothes were
completely saturated with the contents. He called to a
constable who was passing, and gave the defendant in
• charge. Defendant was very drunk at the time.
In defence the accused said he was much annoyed by
• boys like the complainant, who continually made it a
practice to come to his door and hoot and bawl in such
•
a manner as to prevent any servant from coming into
the office. He certainly did throw some water out, but
the jug slipped out of his hand by accident.
Inspector Dudley said continual complaints had been
made by servants who had been duped out of their
Money by the prisoner. He professed to provide them
with situations, but he no sooner got the necessary fee
than he sent them adrift. The prisoner was a disrepu-
• table character, having been committed by his Worsnip
for two months in August last for indecently assaulting
a young German who went to his house after a
• situation.
Mr. HARDWICK fined the prisoner 405., or twenty-one
days' imprisonment in the Hou,e of Correction.

THE BODY OF A GENTLEMAN POUND IN THE
THAMES —This morning, at Oid Swan Stairs, London-
bridge, the body of an apparently respectable gentle
naau was found floating on the surface of the water. The
deceased, who appeared about 55 years of age, was
dressed in a black surtout coat, black waistcoat, dark
trousers, and Blucher boots, with white stockings. No
hat was found on the deceased, nor papers, to lead to
the discovery of his name or address. The body, which
was removed to the church-vault, appeared rather fresh,
and probably had fallen from one of the steam -boats while
lying off the stairs.
DARING BURGLARY.—A very audacious robbery
was perpetrated on Friday last, at the White Bear,
la.entsvorth-street, between the hours of five and six P.M.,
by some persons who effected au entrance by climbing
on to the kitchen roof, and lifting the first• floor window,
by which means they forced open the drawers, &c.; and
carried off a, quantity of jewellery and other valuable
property.

DRURY-LANE THEATRE.
JULLIEN'S PROMENADE CONCERTS.

Last night was the annual Beethoven night, and
according to custom, M. Jullien devoted the
whole of the first part of his concert to the perform-
ance of a selection from the works of the great master.
Among the Beethoven pieces, of which there was a
rich catalogue, the most prominent were the C minor
(the fifth of the composer's grand symphonies), the
overture to Fidelio (that which is usually played
before the opera, although not the favourite of
Beethoven), the allegretto from the symphony in F
(No. 8), and the two middle movements of the
Pastoral Symphony (No. 6). These were all
executed with admirable effect, and directed by M
Jullien with excellent judgment and decision, the
applause bestowed being liberal and constant.
The allegretto, rendered with extreme deli-
cacy, was encored and repeated. The great
feature of this part was the solo of M.
Saint‘n on the violin. Nothing could exceed the
intensity and pathos which he threw into the tremolo
movement; his tones were broad and rich, and his
execution brilliant. In the second part we had a new
selection from the Prophete, and some delightful
melodies delightfully rendered by Jetty Treffz. The
career of M. Jullien has been during the whole
course of the season most triumphantly suceessful,.and.
deservedly so. Not only does M. Jullien invariably
secure the services of the best known per-.
formers, but he is constantly on the look
out for rising talent, and thus infuses
new blood into his orchestra, establishing as it were a
perpetual succession of accomplished musicians. He
has been during this season most fortunate in his new
engagements. Herr Adolphe Kcanig has es-
tablished for himself a permanent reputation
on the valve-horn, and Mr. Pratten is
the most exquisite flute•player who has appeared
since the days of Nicholson, of whom he appears to
be the legitimate successor, while Mr. Streather is
even now entitled to rank as the first har-
pist in England ; with the exception of
Bochsa, we have never heard any harpist who, for
brilliancy of execution, delicacy of tone, for taste, and
for a perfect knowledge of his instrument can com-
pare with Mr. Streather ; in the absence of Bochsa
he is without a rival, and in the course of a very short
time, if he goes on as he has commenced, he will be
equal to Bochsa himself. Mr. Streather's fate is in
his own hands; he -may if he chooses be the first
harpist in the world. The house is crammed every
night to suffocation, and will continue to be so while
111. Jullien provides such an admirable programme as
he has hitherto done.