The Sun.
London, England, 1849-01-29 00:00:00

communication to a Judge upon any case coming before
him in his judicial capacity.
Mr. Justice MAULE—I suppose we have all been fa-
voured in the same way.—(Laughter.) J. received one,
and read a little of it, but saw quite enough, indepen-
dent of the impropriety of svnding the communicat on,
to show me that I was-not d tot end the rest.
Mr. CARTER showed cause against the rule. He was
furnished wi,h an affidavit of the plaintiff, stating that
the casts in the former action, amounting to 4081, 10s.
had la: en paid to the defendant or his attorney by the
Royal Naval Benevolent Society, and that no sum was
now due to him by her. She also stated that the action
was not proceeded with in consequence of her solicitor
neglecting to instruct counsel in time, and to get the at-
tendance of the necessary witnesses. The Learned
Counsel stated that the payment by the society was
good, that it mattered not from whom the money came,
provided the debt was satisfied, and that therefore
the defendant had no right to complain. On these
grounds, and also on the ground that the merits of this
case were substantially different from those of the
former action, he contended that the course now taken
by the plaintiff was not vexatious.
The CHIEF JUSTICE said it was a recognised prin-
ciple in Westminster Hall, where a party failed on the
merits of the case and withdre v from the decision of the
jury from a conscientious conviction that it would be
adverse to him, and brought a second action on the
same grounds, that the Court would, on application, stay
further proceedings until the costs in the former one had
been paid. The defendant was secretary to the Royal
Naval Benevolent Society, to which the plaintiff had ap-
plied for assistance, and the action was brought upon
certain communications he had made to it respecting
the right of her claims for relief. The case came on for
trial, when she elected to be nonsuited on the merits,
which were precisely similar to those in the present
case. The defendant had been exposed to a demand of
4081, which was enough to ruin many persons, and it
therefore appeared to him and his Learned Brethren
that the second action was vexatious and unjust. There
was no pretence for saying that, because the society had
paid the costs, the action having arisen out of the proper
discharge of his duties, the plaintiff was discharged
from the debt. The Court were, therefore, of opinion
that the rule ought to be made absolute.
Rale absolute accordingly.
HOARE V. DICKENSON.

This was an action brought by the same plaintiff.
The CHIEF JUSTICE said there was no substantial
difference between this and the preceding case, and was,
therefore, of opinion that the rule ought to be made
absolute.

The other Judges concurring, the rule was made
absolute.

POLICE INTELLIGENCE.
GUILDHALL.

James Glyn, a well-known thief, living in Field-lane,
was placed at the bar for final examination, on the
charge of cutting and wounding Thomas Bresnahan,
alias Brown, also a well-known thief, under the follow-
ing circumstances:—
Police-constable Eiger, 85, said, that while on duty on
Tuesday morning last, about two o'clock, he was passing
the White Hone public-house in Fann•street, Goawell-
street, when he saw the prisoner and a number of other
persons of the lowest character in front of the bar,
quarrelling. He went in and told the landlady she must
clear the house, and at the same time ejected the
prisoner, who returned into the house. He then again
turned him out, as well as the wounded man, and they
commenced fighting. Just previous to the fight he ob-
served the prisoner put his hand into the right hand
pocket of his trousers, and also noticed that he kept the
left hand still, and used the right only. He parted them, when
Bresnahan exclaimed, " By G—, he has been and knifed
me;" and he then saw blood flowing down his face and
neck, upon which he at once took the prisoner into cus-
tody, and afterwards conveyed the complainant to Mr.
Child's, the surgeon of the police force, who dressed his
wounds, and he was then taken home. He saw the
wounds; one of them extending along the neck under
the left ear, about lour inches, and the other under the
cheek bone, and it appeared as if it had been inflicted by
a blow struck upwards. On the way to the surgeon's he
imagined the man must have lost a quart of blood.
Police-constable 153 said, he was in company with the
last witness, and conveyed the prisoner to the station-
house. lie afterwards returned, and found the knife
produced—a small penknife—lying on the pavement,
covered with blood, at the spot where the fight took
place.

Thomas Bresnahan deposed that he was in the public-
house in question when the prisoner entered, and tor a
quarter of an hour he never spoke to him, until he inter-
fend with some one else. Witness told him he had no
right to interfere any more than himself. After drink-
ing a pint of beer he left, and, on arriving outside the
door, a girl made use of some bad language, upon which
he said that if he could get near her he would slap her
face. The prisoner immediately turned round in a fight-
ing attitude and struck him; before he c ,uld return the
blow he was struck a second time, and then felt as if
sop, hot water was thrown over him, but on looking at
his hands he found them covered with blcod, upon which
he turned to some man and said, "By G—, he has done
for me, he has stuck me with a knife." He was after
wards examined, and had his vi ©ands dressed by the
surgeon, and then went h3me.
Mr. G. B. Childs, surgeon to the porco force, said, I
examined the wounds of the last witness, about halt-past
two o'clock en Wednesday morning. He was very faint
from loss of blood. I found that he had received a
punctured wound in the left cheek, about one inch in
length. It was over the radius of the lower jaw, and ex-
t-nded to the bone. There was also ano!her wound
coming from behind the left ear to the front of the
throat. It was superficial, but I consider it most im-
portant as it was situated over the jugular vein and the
carotid artery. In my opinion, it is a clear ease of at-
tempting to cut the man's throat, which only failed from
the bluntness of the instrument used. Had it been sharp
the man would have died almost immediately.
The prisoner's defence was, that it was an old grudge.
The ALDERMAN committed him to Newgate for at-
tempting to murder the prosecutor.
WOBSIIIP-STREET.

A young man named Thomas Ivory, the son of an ex-
tensive florist in one of the suburbs, was placed at the
bar before Mr. Hammill, charged with the following
violent highway robbery:—
The prosecutor, a shipwright in the London Docks
named Peters, went upon a pleasure excursion on the
26th ult., accompanied by his mother, brother-in-law,
and sister, and on their return they all stopped at a
public-house in Old Ford-lane to procure some refresh-
ment. There they stayed some time themselves,
and the prisoner, who was there also, but a stranger to
their party, perseveringly forced himself upon their at-
tention, and ultimately, upon their leaving the house at
nine o'clock, insisted up in accompanying them part of
the way home, more particularly attaching himself
to the prosecutor, whose arm he persisted in taking. In
this manner they walked until they reached a desolate
part of the road on the edge of Victoria-park, when his
brother-in-law left him to protect the women, who had
gone in advance, and the instant he had done so the pri-
soner turned fiercely upon him, and, telling him he was
determined to have his watch, grasped hold of the chain,
which he tugged so violently that it broke, and left the
watch in the prisoner's hand. The prosecutor attempted
to recover his property by seizing and struggling with
the prisoner, but was struck down by a terrible blow
under the ear, ani left in a state of insensibility,
during which the prisoner effected his escape. How
long he retn.sined senseless he mid not tell, but he at
length became conscious of his relatives feeling about
for him on the grass in the dark ; and upon recovering
he was in such a state or debility that he was obliged
to be supported until a cab be procured to carry
him to the police station, at which he gave such a
description of his assiiiLnt as ultimately led to his ap-
prehension. _

\Vhen callr,d upon for his defence, the prisoner ear-
nestly protested his innocence, declaring that he had
gone straight home after leaving the prost,cutor and his
friends at the door of the house they had been staying
at, and that he had never before been in custody for any
offence in his

The prosecutor's brother-in law, however, likewise
swore positively to the prisoner's identity, mentioning
several facts which could leave no doubt about it, and a
man named Wilkins, who had formerly been in the
police force, proved that in October, 1847 the prisoner
was in custody upon a charge of felony, for which he
was subsequently arraigned and convicted, and sen-
tenced to a lengthened term of imprisonment in Ilford
gaol.

The prisoner upon hearing this became instantly
silent, and, the depositions having been taken, he was
fully committed to Newgate for trial.

071-1 W AR.
Robert Duncan, SD
Mary Duncan,K and Pierce Wall
O'Brien were brought up before Mr. Cottingham, for
final examination, charged with conspiring to extort
money from the London and North-Western Railway
Company by pretending that they had been severely
injured by an accident on that railway; they were
also charged with defrauding the Eastern Counties
Railway of 701., by pretending that O'Brien had lost a
valuable carpet bag on that line; and with obtaining
651. from the proprietors of the unfortunate Cricket
steamer, by asserting that they were injured by the ac-
cident on board that vessel.
The prisoners were fully committed for trial for the
conspiracy against the North-Western Railway.
Mr. COTTINGHAM offered to take bail for Mary Dun-
can's appearance at the sessions, and Darke (a witness)
was committed, in default of finding sureties, to attend
and give evidence.
Maria Ann Wright, R °
sin
aCarter, and Henry Davies,
d with committing a murderous assault on.
Seeker, charke
three well-known characters, were brought before Mr.
merchant carrying on bud-
med very much knocked
nMe sr; F.
BGrelal icnecgheru'rcallF-srwterhnecoeht.
se e
he dined with
some friends at Camberwell, an
about, stated stcantmedpitahiantaonnt, the pee vioud on s evehniisn
returng home he
met with a woman named Newman,
public-house near the New-cut. While drinking at the
and went into a
bar he saw the prisoners, who seemed to be
littleac inted
with the woman who accompanied him. Aafter
two o'clock he went with Newman to her lodgings in
White Horse-street, where he undressed and went to
bed. About five o'clock he was aroused by some parties
breaking into the room, and on looking round he saw
the prisoners rush towards him. The women emptied
his pockets and stole his purse, containing a sovereign,
while the male prisoner pulled him out of bed and beat
him in a most unmerciful manner. He called out for
assistance, and in a few minutes a policeman came up to
him and secured the prisoners. He had been drinking a
little, but was quite positive that the money was safe in
his purse when he entered the house.
Police constable 196 L said, he was Passing the house
in question a little after five o'clock that morning, when
he heard a scuffle in the first floor front room. He lis-
te4ed, and heard some parties beating another, when he
inihntly procured the 434'4140 of another constable,