The Sun.
London, England, 1849-02-07 00:00:00

S N 7 FEBRUARY 7, 1849.

Edward Collins, Birmingham, scale beam and steelyard
manufacturer.
William Downes, Birmingham, beer seller.
John Jennings, Birmingham, pearl button manufacturer.
Joseph Hoe, Birmingham, cabinet maker.
James Stroud, jun., Wootton, Oxfordshire, saddler.
SCOTCH SEQUESTRATIONS.
W. MiDougall, innkeeper, Lochinver, by Golapie, to
meet wi:hinli's Inn, Golspie, Feb. 9, and March 1,
at two.

Mrs. Helen Johnston or Cowan and J. Ferguson,
Airdrie, grocers and spirit dealers, to meet within
Drummond's Royal Hotel, Airdrie, Feb. 12,. and March
5, at twelve.

J. Sutherland, Golspie, Sutherland, merchant, to meet
within Gunn's Inn, Dornoch, Feb. 12, and March 5.
at two.

A. Gilmour, Glasgow, wine and spirit merchant
to meet within th© Globe Hotel, Glasgow, Feb. 14
and March 7, at one.

W. T. Myles, Dundee, grocer and coal merchant, to
meet within the British Hotel, Dundee, Feb. 12, and
March 12, at one.
A. Watt, Windyhill and Fullwood, farmer and tile
manufacturer, to meet within the Saracen's Head Inn,
Paisley, Feb. 13, and March 3, at one.
A. Munro, Ullapool, merchant, to meet within the
Caledonian Hotel, Dingwall, Feb. 16, and March 9,
at one.

LAW INTELLIGENCE.
EXCHEQUER CHAMBER, Feb. 6.
(Sittings in Error.—Present, Justices PATTEION, COLT
MAN, MULE, CRESSWELI., ERLE, and WILLIAMS.)

MOULTON AND WIFE U. CAMROUI.
This was a case arising out of a special verdict. The
action had been brought by the plaintiffs, the wife being
the administratrix of Thomas Leigh, against the de-
fendant, as the secretary of the National Loan Fund
Insurance Company, for money had and received. The
verdict was found for the defendant in the Court below.
Leigh bad agreed to purchase an annuity of the in-
surance company. There were two questions—whether
a lunatic could make a contract under the circumstances
disclosed by the record; and whether, assuming he could,
this contract was void, under the statute governing an-
nuities, for want of enrolment.

Mr. Needham was heard for the plaintiffs, and Mr.
Gurney for the defendant.
Mr. Justice PATTZION stated that the Court thought
the judgment of the Court below, as to the enrolment,
was right. The Act of Parliament which had said that
deeds granting the annuity, if not enrolled, should be
void, had not thrown the burden of enrolling upon
either party; it seemed toi bell the duty of the grantee,
but whether it was so or not, it was not necessary to say.
At all events, the grantee! might enrol, and, therefore,
for him to say he would treat the transaction as void
could not be allowed. It was partly his fault; therefore
the action could not be sustained. As to the other point
they would not now say anything.

POLICE INTELLIGENCE.
GUILDHALL.
Mr. Mason, of the Ben Jonson, public• house, was
summoned before Alderman Hunter, for keeping his
house open on Sunday morning, and refusing admittance
to the police when demanded.
The facts of the case were, that on Sunday morning,
about one o'clock, one of the police-officers heard a great
deal of talking, and money jingle on the counter. He
informed the sergeant, who went back with him and de-
manded admittance, which was refused, and they went
away, but by orders of the inspector, he was told to keep
a watch on the house. He did so, and observed, be-
tween the hours of two and three o'clock in the morning,
several persons go out.
The defence set up was that one of Mr. Mason's nephews
was going abroad, and they were the only parties in the
house, a party having been given on the occasion by Mr.
Mason, sen.
Alderman HuriTER said he would throw overboard all
thoughts about who was there, or who was not ; but he
must not look over the fact of their refusing to allow
the police admission when they demanded it, having fair
reason to believe that a violation of the law was being
committed, He should therefore fine Mr. Mason in the
penalty of 205., and 3s. costs.
The fine was at once paid.
WORSHIP-STREET.

Henry Hunt and John Hunton, two athletic labouring
men, were placed at the bar before Mr. Ty rw hitt, charged
with having caused the death of a fellow-labourer, named
Edward Rumball, in a pugilistic encounter.
It appeared from the evidence of James Hubby, a
stoker, employed at the Imperial Gas-works in Hag-
gerstone, and several other witnesses, that the deceased
and a number of other workmen were assembled on the
preceding evening in the tap-room of the Anchor pub-
lic- house, adjoining the gas-factory, when an alterca-
tion arose between two of the party, which led to a
general challenge on the part of Hunt to fight any one
present. The deceased at once accepted the challenge,
and after a short contest, in the course of which hard
- blows were exchanged on both sides, they fell toge-
ther against the iron fender in front of the
grate, but got up apparently uninjured, and re-
sumed their seats as if nothing unpleasant had oc•
curred between them. Almost immediately afterwards the
deceased commenced quarrelling with another man,
whom he struck and challenged, and the prisoner Hun-
ton having interfered to restore order, the deceased sud-
denly started up and insisted upon fighting him also. '
The deceased then pulled off his frock, and was in the
act of adjusting his belt, when Hunton struck him a
slight blow on the side of the head, and he staggered
back into his seat, but rose almost immediately, and
falling forward on his face remained perfectly still, and
never spoke afterwards. Medical assistance was pro.-
' cured as speedily as possible, and three sttrgeons were
shortly in attendance, but they pronounced the unfor-
tunate man to be quite dead, and directed the removal
of the body to Shoreditch workhouse.

Mr. John Richard Morgan, a surgeon at Hackney,
who had been called in upon the occasion, deposed that
he found the deceased had sustained an extensive con-
tusion of the occiput, apparently produced by a heavy
blow or fall, but he was unable to state the immediate
cause of death until he had made a post mortem exa-
mination.

Police-constables Caffrey and Acres,who apprehended
the prisoners soon after the occurrence, stated that both
of them attributed the disaster to the intemperate and
violent conduct of the deceased himself, and severally
declared that they had merely acted in self-defence.
The prisoners now repeated the same statement in
their defence, and were ordered to be remanded until
Saturday next.

SOUTHWARK.
William Scallard and John Scallard, egg and butter
merchants, late of No. 46, Bermondsey-street, were
placed at the bar before Mr. Cottingham, for re-exami-
nation, charged with wilfully setting fire to their house.
Mr. Parry attended on the part of the prosecution;
and Mr. Clarkson on behalf of the prisoners.
Mr. Parry said that the additional evidence he had to
produce against the accused persons was of a very im-
portant nature, and would go far to establish the charge
against them.

—John Burtell was then sworn, and he stated that
the landlord of the house to whom the prisoners were
tenants engaged him to levy a distress on their goods for
71., which was due to him. The witness took an inven-
tory of the articles, which were sold for 21. The wit-
ness added, that the distress was levied on the morning
the fire occurred.

John bare stated that there were twenty-four per-
sons lodged in the prisoner's house ; that about three
months before the late fire the inmates had been alarmed
by a dense smoke in the middle of the night, which was
found to proceed from the room below stairs occupied
by the prisoners, one of whom, when asked the cause,
said it arose from his kindling a bit of fire in the grate.
On the occasion of the recent fire, when witness placed
his family in safety, he returned to the house, and saw
John Stallard, of whom he asked the reason he did not
give the inmates the alarm when the fire broke out,
and his reply was, that he had better pay up his arrears
of rent.

Margaret Mahony stated that she lodged in the house,
and that two days previously to the fire she saw William
Stallard removing a quantity of eggs from his shop to
that of a relation in the same neighbourhood.
The husband of the last witness also proved that he
observed the same man removing firkins of butter on a
truck. The witness added, that on the night previous to
the fire he observed that the back door of the house,
leading to the cellars where one of the fires took place,
was fastened, which was a most unusual circumstance.
Mr. Robert Wilson, clerk to the General Assurance
Company, in King William-street, stated that, in the
month of December, 1847, William Stallard effected a
policy of insurance on his furniture and stock in trade
in the office for 3201. Subsequently to the fire that oc-
curred on the 25th ult. the prisoner William Stallard
called at the office and made a claim to the above
amount. He was strictly questioned by the manager,
and he gave such an unsatisfactory account of the value
of the property alleged to be destroyed that no settle-
ment ot' the claim was effected then.

Mr. COTTINGHAM—Has the claim been since granted?
The witness replied in the negative.

inquired ...
Mr. Clarkson of witness whether the present
prosecution was instituted by the insurance company, and
he said that he believed not.

Mr. COTTINGUIN said that be had given directions to
Inspector Gates to apprehend the prisoners, on being
made acquainted with the circumstances that transpired
before the coroner, particularly when he found that the
lives of twenty-four human beings might have been
sacrificed had not the firo been discovered by the police
in the first instance. The magistrate added that he
should commit the prisoners for trial, but also should
have them brought up again prior to the next Central
Criminal Court sessions, and that any additional evidence
that might arise in the interim could be inserted in the
depositions.
THAMES.
Captain Richard Hamer, the master of the schooner
Sea Bird, and Mr. Launcelet Wilson, late chief mate of
the same vessel, who have been out on bail, again sur-
rendered before Mr. Yardley, to answer a charge of as-
saulting and wounding John Hughes,
a seaman, during
a storm off the island of Guernsey on the night of theg
11th of January, when the mate, after i nflicting. several
wounds on Hughes with a cutlass, drove him troUlthe
forecastle on to the deelt, where he was ASOMiItEI. by

[PRICE SD.

the captain, and while that person was kicking and
beating him, the mate inflicted another severe wound
on his arm.

Mr. Vessey, solicitor, conducted the prosecution
Mr. Pelham the defence.

It may be necessary to state, that another man we=
severely wounded by the mate on the sam . night, be-
cause he did not come on deck readily to aitisr at the
pumps, and has been under medical treatment since the
arrival of the ship in this port.
Fraser, a Thames police-constable, No. 73, put in a
certificate from the surgeon of the Dreadnought Ho -
pital ship, stating that Hughes was sal in danger, and
not in a fit state to attend the court and give evidence.
In answer to questions by the magistrate, Fraser sai(l,
he did not expect that Hughes would be able to attend
in less than a fortnight; but Mr. Ross, the surgeon
who first attended him, could give more satisfactory in-
formation.

Mr. Pelham put it to the magistrate, whether it
would not be advisable to go on board the Dreadnought,
and receive the deposition of the patient. There were
several witnesses for the defence whose evidence was
very important, and if the evidence of Hughes was taken,
their testimony might be received and be of great import-
ance to the prisoners, besides expediting the matter.
Mr. YARDLEY really did not see how that would expe-
dite the case as regarded the next sessions of the Central
CI iminal Court; and he would say thus much, and no
more,that the case was one for further inquiry before a jury.
If the man was not well enough to attend the court and
give his evidence previous to the next Old Bailey ses-
sions, it might reasonably be asked that his deposition
should be taken in the hospital, and returned to the su-
perior court.

- Mr. Pelham suggested that the evidence of a man in
articulo mortis could be legally taken.
Mr. YARDLEY—Is he in articulo mortis ? Mr. Ross—
The into is in danger, but not in a dying state.
Mr. YARDLEY said, if the man was in danger, that was
a good reason why his deposition should be taken if it
could be done without any injury to him. He desired the
officer to let him know as early as possible on Thurs-
day, if the man was in real danger, and in a fit state to
be questioned, and to make a statement. If he was in
danger, but could give his deposition without detriment
to himself, he (the magistrate) would go down the river
on Thursday, and receive it.
Mr. Pelham thanked the magistrate, and the pri-
soner's recognisances were then enlarged till Thursday
(to-morrow).

PARLIAMENTARY BUSINESS.

(From the Votes and Proceedings of the House of Common,.

TUESDAY, FEB. 6.
The undernamed Railway Bills were read a first, and
ordered to be read a second time :

East Anglian (Ely and Huntingdon Railway, Extension
of Time),
....
__ _ _

Great Indian Peninsula Railway Company.
East Indian Railway Company (for making and main
taining one or more Railways in the East Indies) Incorpo
ration.

South-Eastern (Removal of Restriction against opening
the Tunbridge Wells and Hastings, and Ashford and Hast-
ings Lines, Grant of compulsory Powers for Purchase of
Lands, Steam-boats) —" to amend and repeal certain Provi-
sions in the several Acts relating to the South-Eastern Rail-
way, and to enable the South-Eastern Railway Company to
purchase, hire, and use Steam-boats, and for other purposes."
Edinburgh and Glasgow Railway, and Edinburgh and
Glasgow Union Canal (Amalgamation, or Sale or Lease of
the Union Canal to the Railway Company).
Manchester, Sheffield, and Lincolnshire (Consolidation and
Amendment of Acts).
Shrewsbury and Birmingham Acts Amendment, Branches,
and Deviations.
East Lothian Central (Abandonment of the Railway and
Dissolution of the Company).
Cockermouth and Workington (Branch to Bridgefoot,
Amendment of Act, and Power to lease to Whitehaven
Junction Railway Company).
Shrewsbury and Chester (for Branches to the river Dee;
Agreement for Joint Station at Shrewsbury; Power to sub-
scribe towards the Shrewsbury and Hereford).
York and North Midland (Deviation and Abandonment of
Part of the authorised
.Lines of Railway between Market
Weighton and Beverley, and Copmanthorpe and Tadcaster).
Stockton and Darlington (Alteration of Line in Eagles-
cliffe and Stockton-on-Tees).
Stockton and Darlington (Consolidation of Acts, Increase
of Capital, and purchase of the Middlesborough Dock).

PARLIAMENTARY DIVISIONS.

From the Votes and Proceedings of the House of Commons.)

TUESDAY, FEL 6.
HABEAS CORPUS SUSPENSION ACT (IRELAND).
Motion made, and Question proposed, " That leave be
given to bring in a Bill to continue, for a limited time, an
Act of the last session, for empowering the Lord-Lieutenant,
or other Chief Governor or Governors, of Ireland, to appre-
hend and detain such persons as he or they shall suspect of
conspiring against her Majesty's Person and Government."
Amendment proposed, to leave out from the word " That"
to the end of the Question, in order to add the words," a
Committee, consisting of twenty-one Members, be formed by
ballot, to examine sucledocuments as may be laid before
them; and to report to the House their opinion upon these
documents, whether the continuance of the suspension of the
Habeas Corpus Act be a measure necessary to the tranquillity
of Ireland at the present time," instead thereof:—Question
put, " That the words proposed to be left out stand part of
the Question." The House divided:—

MAJORITY—AYES, 221.
Abdy, T. N. Fordyce, A. D. Moffatt, George
Adair, Hugh E. Forster, Mathew Morgan, 0.
Adair, R. Shafto Frewen, C. H. Morison, Sir W.
Anson, Colonel Fuller, A. E. Morris, David
Archdall, Captain Gladstone, W. E. Mulgrave, Earl
Arkwright, G. Glyn, G. C. Mullings, J. R.
Armstrong, R. B. Goulburn, Henry Mure, Colonel
Arundel, Earl of Graham, Sir James Newport, Viscount
Bagot, William Granby, Marquis of Newry, Viscount
Bagshaw, John Greenall, Gilbert Nugent, Lord
Barrington, Lord Greene, Thomas Paget, Lord Clarence
Bass, Thomas Grenfell, C. Pascoe Palmer, Roundel
Bateson, T. Grey, Sir George Palmerston, Vis.
Bellew, R. M. Grey, Ralph W. Parker, John
Berkeley, Captain Guest, Sir John Patten, J. W.
Berkeley, C. L. G. Gwyn, Howel Peel, Colonel
Bernal, Ralph Haggitt, F. R. Perfect, Robert
Blackall, S. W. Stafford, Sir 11. Plowden, W. 11.
Blair, Stephen Hallyburton, Lord J. Plumptre, J. P.
Boldero, Henry Hamilton,t,T. H. Pugh, David
Rourke, It. S. Hardcastle, J. A. Raphael, Alexander
Bouverie,".E. P. Harris, Richard Renton, J. C.
Bowles, Admiral Hastie, Alexander Ricardo, J. L.
Brand, Thomas thistle, Archibald Rich, Henry
Bremridge, Richard Hawes, B. Romilly, Sir John
Brisco, M. Hay, Lord J. Russell, Lord J.
Brooke, Lord Hayter, W. G. Russell, Edward 8.
Brotherton, Joseph Heald, James Russell, F. C.
Brown, W. Heathcoat, John St. George, Chris.
Buller, Sir J. Y. Henley, J. W. Sandars, George
Bunbury, E. H. Henry, Alexander Sandars, Joseph
Burke, Sir T. J. Herbert, Henry A. Scrope, G. P.
Busfeild,Williarn Herries, J. C. Seymer, H. K.
Buxton, Sir E. Hervey, Lord A. Seymour, Lord
Campbell, W. F. Heyworth, Lawrence Shell, R. L.
Carew, W. H. Pole Hill, Lord E. Shelburne, Earl of
Cavendish, C. C. Hobhouse, Sir J. Sheridan, R. B.
Cavendish, W. G. Hobhouse, T. B. Simeon, John
Cayley, Edward 8. Hodgson, W. N. " Slaney, R. A.
Charteris, Francis Hodges, T. Twisden Smith, R. V.
Childers, J. W. Hogg, Sir J. W. Smith, J. A.
Christy, Samuel Hood, Sir A. Smyth, John G.
Clay, James Howard, Lord E. Smythe, G.
Clay, Sir W. Steward, C. W. G. Somerton, Viscount
Clements, Charles Howard, Sir R. Somerville, Sir W.
Cobbold, J. C. Inglis, Sir R. Spooner, R.
Cockbura, Alex. Jackson, Willlam Stafford, A.
Cole, 11. A. Jervis, Sir John Stansfleld, W. R. C.
Compton, H. C. Beppel, G. T. -- Stuart, Lord D.
Corry, Henry Ker, Richard Talfourd, Sergeant
Cowper, W. F. King, P. J. Tancred, 11. W.
Craig, W. G. Knox, Colonel Taylor, T. E.
Dalrymple, Captain Labouchere, Henry Thesiger, Sir F.
Deedes, W. Lascelles, W. S. Thompson, Colonel
Disraeli, B. Legh, G. C. f Thornely, T.
Divett, Edward Lincoln, Earl -of Tollemache, F. J.
Douglas, Sir C. Littleton, E. R. Towneley, John
Douro, Marquis of Locke, Joseph Townley, R. G.
Drummond, Henry Lockhart, W. Townshend, Captain
Duckworth,: Sir J. Mackenzie, W. F. Trelawny, J. S.
Duke, Sir James 31`Naghten, Sir E. Turner, G. J.
Duncan, Viscount M`Gregor, John Villiers, Charles
Duncan, George Maitland, Thomas Walter, John
Dundas, Admiral Mandeville, Viscount Ward, H. G.
Dundas, Sir David Mangles, R. D. Watkins, Colonel
Dundas, G. Martin, J. Wellesley, Lord C
Ebrington, Lord Masterman, John Wilson, James
Ellice, Edward Matheson, Alex. Wilson, Matthew
Ellis, John Matheson, Colonel Weod, Sir Charles
Elliot, John E. Maule, Fox Wortley, J. 8,
Ferguson, Sir R. Maunsell, T. P. Wyvill, X.
Fitzpatrick, J. W. Melgund, Viscount
Fitawilliam, G. W. Meux, Sir H. TERMS.
Floyer, John Miles, W. Tufnell, H.
Foley, John H. Mitchell, A. T. Hill, Lord Marcus