The Sun.
London, England, 1849-12-05 00:00:00

Mr. Justice MAULS, pronouticine the opinio❑ of the
Court, was of opinion that the ta.her ought to he pre-
sumed to have signed the note and not the son, the con-
trary not appearing, and directed the rule for a nsw
trial to be made absolute. a

SECONDARIES THIS DAY.)
(Before Mr. Secondary POTTER.)
HORNE v. CONNAU.
'IMPORTANT QUESTION.—The plaintiff in this case
sued as executrix of a person namen Hawden, formerly
t solicitor at Denbigh, to recover the sum of 510/. for
breach of covenant.
Mr. TA:moit, the plaintiff's attorney, stated the case.
Defendant resides at Pennyford, in the county of Flint,
and in 1837 borrowed a sum of 3121., at 5 per cent.
tnterest, but on the death of Mr. Hawden it was found
that both principal and interest remained still due.
Defendant had suffered judgment to go by default, and
as the attesting witnesses to the deed were both dead, he
would call witnesses to prove the nature of the trans-
action.

The Learned SECONDARY said that as the covenant
!es set out in the deed, and defendant had not pleaded,
he admitted the deed. He could have traversed it it he
had thought proper. In his (the Learned Secondary's)
!iction it was not necessary to produce the deed,
although it was more satisfactory to do so, merely to
sht',w that there was no indorsement of any thing
Pr id off,
The jury, under the direction of the Secondary, gave
it verdict for the amount claimed.
The great expense of bringing witnesses up from
Wales was unnecessarily incurred.

SURREY SESSIONS.-(THIS DAY.)
SHOPLIFTING.—CaroIine Albury, 24, was indicted for
stealing two pieces of printed cotton from the shop
of Mr. Benjamin Haydon, linendraper, Bermondsey-
street.

Prosecutor deposed, that en the afternoon of the 14th
tilt., the prisoner and another female entered his shop
about one o'clock, and asked to look at some pieces of
ribbon. They were shown several, but left the shop
without make a purchase. About half an hour after-
wards, a policeman came to him, and informed him that
he believed he had been robbed, and on looking on the
counter he missed the two pieces of printed cotton now
produced.

- Henry Hunt, police-constable 52 M, said, that a little
after one o'clock on the afternoon in question, he was in
King-street, Borough, when he saw the prisoner and
another female. Perceiving something in the prisoner's
apron, he stopped her, and asked her what she had got,
when. she replied that she had a dress which she had
just taken out of pawn, but could not tell who the
Pawnbroker was. Suspecting she had stolen the
dresses, he took her into custody, and afterwards made
inquiriea of the shopkeepers in the neighbourhood,
and ascertained that they had been stolen from the
prosecutor.
The jury found her Guilty, and
The COURT sentenced her to six months' imprison-
went at Brixton.

MARLBRO -STREET—(THIS DAY.)
Charles Westhall, a. well-known smasher, was brought
III) for final examination, charged with knowingly ut-
tering a counterfeit Ss. piece.
Mr. Kyle Ward, gilder, No. 2, Little Compton-street,
Soho, stated that on Friday, the 30th of November, the
prisoner came into his shop, and purchased a brush,
Which came to 3id., and in payment for which the pri-
soner gave him wnat appeared to be a genuine crown•
['hie". Witness gave the prisoner the change and he left
shop. Shortly afterwards the witness reciairing
Zlinge sent his daughter with the ss. piece for the pur-
Ci° of procuring it, and on her return she said the coin
43 4 counterfeit. On the fol:owing day the prisoner
'4lne again and. attempted to pass another counterfeit
5 Piece. when witness sent for a constable and gave
nil in charge.
Police-constable 114 D said he received charge of the
prisoner, and took him to the station, where he was
tre
rehed, and a base ss. piece was found concealed in
lining of his waistcoat.
t4iThe prisoner, who is an old offender, was fully coin-
tted for trial.