The Sun.
London, England, 1849-01-19 00:00:00

still further provision that the sum wagered, if paid,
might be legally recovered frein the party to whom it
was paid. It is plain that when the Legislature em-
ployed the word " lost," or "losirg," they could not have
meant any legal liability to pay 201., for no sach liabi-
lity existed,—no action could be maintained for any
sum above 101. He (the Commissioner) felt persuaded
that this was what the Legislature meant,—that a per•
son who embarked in trade must not gamble, nor put
himself into a position by which, according to the code
of honour, he would be liable for any such debt. Some
amount must be fixed at and beyond which penal con-
sequences must follow; therefore they fixed the sum
named in the Act. The Legislature was desirous to
prevent traders from gambling, and there is no right-
minded person who must not acquiesce in the wisdom
and expediency of that desire. I think it of the greatest
importance that persons who embark in trade shall not
engage in pursuits of this description, nor put themselves
into such a position as would make it incumbent upon
them, according to every law of honour (a feeling, be it
remembered, which acted with as much force upan men
as the law of the land), to pay a large sum of money which
might probably be abstracted from that which belonged
to their creditors. I have examined as many cases upon
this subject as I can find. I would in the first place
refer to "E.v parte Newman, in the matter of
Jones," 2 Glynn's Cases in Bankruptcy. In that case
the bankrupt did not deny that he had on a certain day
before the bankruptcy lost 40/., but stated that after
having made the above wager he had made a bet of 451.
vc ith another person on the opposite side, the consequence
of which was that upon the result of the main he was a
winner of 5/. The Vice-Chancellor decided that that
was gambling within the meaning of the Act. After
quoting some other cases, his Honour said it would be
strange indeed if the Legislature had enacted that the
trader who made and honourably paid a wager of 20/.
should not obtain his certificate, but that the trader who
had skulked out of the payment of his debt should escape
with impunity, because he had added a shabby to an
illegal act. Let us suppose the case of a mer-
chant losing a large sum of money at a horserace ;
would he not, if possible, pay the money at once,
sooner than be pointed out as a defaulter? Ho would
raise money in all directions in order to fulfil his ho-
nourable engagements. The Legislature, foreseeing
this, has wisely framed those enactments. I feel bound,
therefore, to refuse the certificate. I regret that my de-
cision cannot be reviewed. I could wish it to have been
otherwise, and believe and hope that, during the next
session, the law in this respect will be altered. I have,
however, made up my mind upon this case, and although
my judgment is final, do not feel justified in giving any
other. I can never think that the Legislature meant to
deal less favourably with the man who wagered and paid
his debts than with the person who wagered and refused
to ray them. I como to the conclusion that this man
was not entitled to participate in the advantages
.afforded
by the bankrupt law to traders under other circum-
stances, and that he ought not to receive his certificate.
Certificate refused.

POLICE INTELLIGENCE.
MANSION-.HOUSE.

A poor-looking diminutive object, named Gushay, who
appeared to be about fifteen, but was stated to be nine-
teen years of age, was brought before Alderman Law-
rence, charged with having fired a pistol at a girl named
Emma Tyler, with intent to kill her, or do her some
bodily harm. The prisoner, who seemed to be in a very
fieble condition, was placed in a chair at the bar.
Inspector Fosberry, of the City Police, stated, that
soon after ten o'clock on Wednesday night he was in-
formed that a woman had been shot by a young fellow
in Angel-alley, Hounsditch. Upon going to the place
the inspector found that there was ground for the report,
and that the girl had been' carried to the hospital, and
the delinquent had fled. Next morning, however, the
inspector saw the prisoner's father, who informed him
that the boy bad returned home, after having wandered
about Smithfield all night, in great distress and imme-
diate steps were taken for his apprehension. It was in the
meantime ascertained that the nurse at the hospital had
found in Emma Tyler's hair, upon putting her to bed, a
large slug or bullet, which had penetrated the flesh, and
indented the bone, and from which danger, though not
immediate, might arise. The prisoner stated, upon being
taken into custody, that the girl whom he had shot
had asked him to buy two pistols, one to shoot her, and
the other to shoot himself with, and that there had been
nothing in the pistol he discharged but brown paper;
that he had refused the girl's request to get the two
pistols, and when he ran away after shooting her ho
threw the pistol amongst the ruins near Angel-alley.
It was reported about the neighbourhood that jealousy
was the cause of the desperate conduct of the prisoner.
A girl, named Eliza Graves, evidently of very low
habits, who was said to have witnessed the whole of the
transaction, made a sort of statement, one word of which
it was quite impossible to ccedit, except the mere fact
that she ba I seen the pistol fired and the girl wounded.
The prisoner was remanded.
MARYLEBONE.

Yesterday Henry Gullen, a mendicant of the most
audacious character, who was attired in a military jacket,
was placed at the bar, charged by Jones, of the D divi-
sion, with begging in Cavendish-square.
The case wail clearly proved against him. and he was
committed for a month.

He then flew into a violent rage, and while ho was
being conveyed to the cell by Mitchell, the gaoler, he
bit the officer upon the left thumb, which bled profusely
in consequence, the teeth having penetrated to some
extent.

He was again brought in for this second offence, when
Mr. T. Watkins, a cabinet-maker, who witnessed the oc-
currence, described it as being ruffianly and brutal in
the extreme. .

Mr. LONG then fined the prisoner 51., and in default of
payment to undergo two months in the House of Correc-
tion in addition to the month in the case first alluded to.

The fellow immediately held up his hand in a threaten-
ing attitude, and swore that if he could got at the magi-
strate he would serve him in the same way he had served
Mitchell. He kicked and plunged about on his way a
second time to the cell; and at five o'clock he was con-
veyed in the van to his destination.