The Sun.
London, England, 1849-11-20 00:00:00

BERRY V. IRWIN.

This was an action upon two bills of exchange drawn
by a person named Melcomb, and accepted by the de-
fendant, and it was tried at the last Surrey assizes,
when a verdict was found tor the plaintiff. Judgment
was signed, and the defendant was consigned to custody
in the Queen's Bench prison, where he now renalint'.
A rule to show cause why he should not he set at
liberty, on the ground that he had been discharged
under the Insolvent Debtors' Act, having been obtained,
it camp on for argument a few days back.
The CHIEF JUSTICE, in delivering judgment, now
said that the Court were of Opinion that the defendant
was entitled to his discharge. The defendant, it ap-
peared, had inserted both the bills in his schedule, in the
name of the plaintiff, and also of Melcomb, but disputed
the right of either of them to the amount, on the ground
that he had received no consideration fur the bills. The
defendant having obtained his discharge from all the
debts in the schedule, it appeared to the Court that the
adjudication of his case by the Commissioner applied to
the present debt. It appeared also to the Court, that
his discharge applied as well to the costs of this applica-
tion. The rule must, therefore, be made absolute, with
costs.

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice PATTEBON.)
COLCHESTER TOWN COUNCIL.
Mr. COWLING moved fur a rule nisi to show cause why
an information in the nature of a quo warrant° should
not be filed against Mr. Partridge, requiting Lim to
establish his right to a seat in the town council of
the borough of Colchester. He made the mo-
tion on t he ground that Mr. Partridge was unduly
elected by votes in his favour having been improperly
received, and votes against him improperly rejected.. It
appeared by the affidavits that Colchester is divided into
three wards, known as the first, second, and third, and
on the 18th of November there was a vacancy. for two
councillors in the second ward. At the election there
were four candidates, namely, Mes,rs. Peggy,
Partridge, Denial, and R ilna trend. Mr. Peggs
'had the highest cumber of votes and was declared
414 elected; but Messrs. Partridge and Daniel having
the same number of votes, the assessor and presiding
alderman gave a casting vote in favour of Mr. Partridge,
and he was then declared duly cleated. Two votes,
however, appeared on Mr. Partridge's list, which ought
to have been rejected; the first was that of one George
Barrel, who had piacad his mark upon the voting paper
required by the Act, being unable to write, but
the paper represented it to be the mark of Burrel
George instead of George Burrel. The next note ob-
jected to was that of a Mr. Childs, who appeared upon
the burgess roll in respect of a house in Mvidleborough,
_iota in his voting paper he had erroneously described
himself as of North Hill, a street that ran
into Middleborough. The third and lest vote
,to be discussed in the case, was that of a Mr. Hallowas,
who tendered his vote in favour of Mr. Daniel, but it
was struck off that gentleman's list, on the ground
that the voting paper represented the burgess
to live in a street in the parish of St. Peter's,
whereas the street was in the parish of Lexton, but
the Municipal Act required that the street only should
be described in the voting paper; and, therefore, suo-
Poising the parish was wrong, it did not invalidate the
Vote, and it, therefore, ought not to have been rejected
Mr. Justice PATTESON granted a rule on the two last
grounds.

MIDDLESEX SESSIONS.
(THIS DAY.)
(Before the ASSISTANT-JUDGE.)
The November adjourned sessions were opened this
/morning at the Ses,ions-house, Clerkenwell-green.
George Cox and Samuel Philpots were indicted for
!stealing three pigs, two live geese, and two live ducks,
value 595., the property of John Davidson.
It appeared that on the night when the animals were
carried off from the prosecutor's premises, Davidson
With a policeman overtook the prisoners in the Park-
road, Regent's-park, Philpots driving the pigs and the
geese, whilst Cox was carrying the two ducks. They
were both taken into custody.
Philpots pleaded guilty, but Cox repeated in court
the same statement which he made to the policeman and
'the prosecutor when he was taken into custody, viz., that
he bought the ducks from Philpots !or 55.; the other
prisoner had no money about him, and the jury found
vox Guilty. He was sentenced to three months' im-
prisonment.

MARLBRO -STREET—(THIS DAY.)
John Wilson, a respectably dressed man, who de-
scribed himself as a baker, carrying on business at No.
11, Pepper-street, Borough, and John Jenner, a licensed
victualler, residing at 72, Saint Andrews-road, New
Kent-road, were brought before Mr. Bingham, charged
with conspiring together with another man not in cus-
tody, in defrauding Mr. George Pallett, landlord of the
Berwick Arms, Berner's•strect, of the sum of 151.,
under the following circumstances:—
Mr. Morgan, from the office of Mr. Humphreys, ap-
peared for the prosecution, and Mr. Games for the pri-
soners.
The prosecutor deposed that yesterday morning be
had been to the city, and on his return home, about
one o'clock he found the two prisoners and another man
irinking in front of his bar. They were]
jog sherry, and witness had a glass with
them. In the course of conversation, the pri-
soner Jenner said he had made a bet to throw a heavy
weight with the prisoner Wilson, and that he could
throw a heavier weight than any man in London, and
wished witness to go and witness the feat. He also said
ae was the man who threw the great weight over the
MO brick wall at the White Bear, Kennington. After
lime further conversation, witness was induced to go to
tae Wheatsheaf public-house, in Marylebone-street, to
witness the trial of strength between the prisoners.
When they got to the Wheatsheat; the prisoner Jenner
said, "There was no room there to throw a great weight,
We will play at skittles." He (Jenner) then played
!son for some sovereigns, which he won, and afterwards
he laid him (Wilson) 51. ho did not get the whole of the
Pins down in five times, which bet Wilson lost.
The prisoner then came up to witness and said, " This
Ilan (meaning Wilson) has got plenty of money; if
Sou will back me I can win his money." Witness said
1e pfd not back people in such games, and he knew
.othing at all about the game of skittles. The prisoner
.ginner then said if witness would put down 5/. for him,
le would play Wilson, and return the money to witness
is soon as he won it. Witness did so, and the two
srisoners immediately commenced playing the game.
Benner played very bad, and Wilson, who had hitherto
played bad, began to play much better, and the con-
sequence was Jenner lost the 51., which was handed over
as Wilson. Jenner apologised to witness for losing the
tame, and attributed his loss to an accident, and said
`Put down another 51. for me, I am sure to win
the next game." Witness gave him the money to put
Sown; the game was played, and he lest that also.
Vitness then asked what ho meant by telling him he
esuld win the game, when he played so indifferent?
,Inner replied, " Oh, it was only to draw the other man
ors and get the money back next game." After a deal
of persuasion witness was induced to put down a 304
tote, and after the money was down the prisoners
',anted to play for the whole amount. Witness oh-
j'cted to this, and demanded his money back, and
tsreatened if they did not give it he would give
them in charge. They then gave him back 25/.,
tie 30/. note still remaining in their hands.
Vhile the 30/. was down the prisoners played the game,
aid before it was finished they went up to the slate and
rubbed cut the chalks. He fancied it was a " do," and
. called out to a man named Gresham not to give up the
money. Wilson then went up to him and snatched the
tote out of his hands. Seeing that done he sent for a
ionstable, and gave them in charge.
By Mr. Morgan—When they were in his house they
*Reared to be strangers to each other. Wilson showed
him a pocket-book, apparently full of notes, which ho
pat in his boot, as he said, for safety. This book he
etbsequently gave to the man who ran away when the
constable was called. The note produced is the same he
pit down.
Tanner, 56 E, said, yesterday afternoon, about five
o'clock, he was called to the Wheatslicaf, where ho saw
tie prosecutor, who said he gave the prisoners in °barge
fi.r robbing him of 15/. He laid hold of the prisoner, but
the other man ran away. Ile searched Wilson, and
kind the 301. note produced.
Mr. Games, for the prisoners, said, if he was correctly
instructed, he had evidence to prove that this was
a case of " diamond cut diamond." The prosecutor in-
tended to win the money of his client, but, in his ezger-
aess to do so, he had been "let into the bole." According
to his own evidence, the prosecutor decidedly intended to
4 let in" the baker. He should leave the case in the
}kends of the magistrate, who, no doubt, would imuse•
diately order them out of custody.
Mr. BINGHAM, after going through the whole of the
evidence, recommended the prisoners to pay back to the
Prosecutor the 15/. If that was done he should discharge
them.
The money was immediately paid, and they were
discharged.

SUICIDE BY A MEDICAL NAVAL OFFICER TUROUGII
FRATERNAL AFFF CTION —AbOUt four o'clock last even-
Ing Dr. J. Allan, R.N., entered the railway station,
~ eterloo-road, and for some time stood on the plat-
I°"111, when as the train was starting, he flung himself
tinder the engine, and was instantly crushed to death.
niti brother's death, which lately occurred, greatly
4.lreeted him, and since then he became miledy and
Went. H(, had been just appointed to the Bangalore,
trQnsport-ship, and he had served in China and on the
South American etation, and was beloved by his brother
officers, and by all who knew him. Deceased was a
Scotch gentleman, and his residence was Inverness, and
P(' WaS only 34 vec.rs of age. In In:lnners he was a$
'tat 71,4 a cidlf..?, and. exceedingly strict in hi 3 moral end
Better keep under an old hedge, than creep under
MY? furze-bush.—Eliza Cook's Journal