The Sun.
London, England, 1849-06-28 00:00:00

fourtii iiDttion

SUN OFFICE, Seven o'clock.

QUEEN'S BENCH.--(THIS DAY.)
(Sittings at Nisi hills, b.-fore Lord DENMAN and a
Special Jury.)
PRATT V. "'AMWAY.

This was en action of trespass brought against Mr.
Hanbury, as representative of the weil-knowfi firm of
Truman, Ilanbiry, and Buxton, for cumpensa'ion in
damages for a malicious prosecution. It appeared
that on the 11th September, 1847. two draymen, named
Press and Shepherd, were employed to take two de-
liveries of beer to two customers, and as they were
loading the drays Shepherd, at the request of Press,
rolled a kilderkin of ale on the dray, besides the quan-
tity they hail orders to deliver. When they had made
the two deliveries Press pruct eded to Mr. Pratt's public-
house, the Crown and Ancnor, and there left the kilderkin
of ale. This took pl .ce on a Saturday and on the
Monday evening tollowinv, Shepherd communicated the
transaction to Mr. Banbury and Sir Edward Bux-
ton. Mr. Co-ke, a confidential clerk of the firm,
was then sent to Mr. Pratt's to make inquiries
and saw the kilderkin of ale in the passage. He then
returns d to the brewery. and afterwards went back to
Pratt's house eith Mr. Marr, a storehouse clerk, and a
Mr. Gow, and they took away the kilderkin of ale
without any objection on the part of Mr. Pratt. Mr. Pratt
was taken in:o custody, and Pratt and Press were both
tried at the Old Bailey on a charge of felony, and ac-
quitted. The Recorder, who tried the case, allowed the
expenses of the prosecution, and said it was a very
proper inquiry, for Messrs. Truinan, Hanbury, and Co.
would have an opportunity of knowing the careless
manner in which their clerks did their business.

Mr. JAMES, Wht., 4,ich Mr. Hawkins, apptared for the
uperted the case.
A wItReS3 was called to prove the charge of felony;
and King, the servant tit Pratt, who proved what toLlt
place ou the 11th September, when the kilderkin of ale
was lett wi,h Pratt.
Sir F. THEsice.rt (with whom was Mr. Warren) ad-
dressed the jury for the deteuce. He contended that the
circurnsiane«s of the case were sufficiently susp.cious to
justify Mr. Hanbury in making the charge against Pratt.
Shepherd, the uray man, Mr. Cooke, the clerk, Mr.
Marr, a storehouse clerk, and Mr. Lucy, the loading
clerk, were then called for the defence.
Mr. JAMES then call. d John Press, whose evidence did
not d ffet in any material point from that of the other
witnesses.

Sir F. TILESIGER then brialy observed on Press's
evidence.
._

Mr. JAMES replied. He said there was no evidence
to show that Mr. Pratt had rtceivcd the goods knowing
them to be stc, en. Thu transawion on the part of Pra‘t
Was perfectly fair. The kildtrkm was lett in the pas-
sage where every one could see it. The conduct of the
firm had bi.en quite unwarranted by the facts of the
ea C.
Lord DElsmArt summed up, and in answer to the
questions wbica his Lordsbip put to them, the jury were
of opinion that Press was guilty of felony, and that Pratt
received the kilderkin of ale, knowing it to be stolen.
The verdict was, there; ore, for the defendants.

SHERIFFS' COURT.—(THIS DAY.)
(Be (ye Mr. Under-Sheriff BURCEIELE.)
FALCSE V. BELLIS.—FALSE IMPRISONMENT.
The plata itY in this action is an importer of foreign
china, &c., and carries on aft-extensive business in Ox-
ford-street, Rgent-street; defendant is the curate of St.
Paul's Chur: b, St. John's-wood, residing at Dorchester-
la' ace, Blandtord•square. Defendant buffered judgment
to go by default.
Mr. GhEAVES appeared for the plaintiff, and stated
the case, trum which it appeared that in February last
plaintiff was requested to make inqairles respecting a
Count de Toirea ur Condifores, and having been told
that defendant could give him some information, plain•
tiff waited on him at his house, and sent up his card,
/Making at the in ment that it was his own. but it sub-
sequently proved to be one he had had given to him
of•it gentleman named Williams. residing at lalington.
Some conversatAa led to the impression on defendant's
mind that the card was used for some improper purpose,
and that plaintiff was not at all acquainted with the per-
son of whom he inquired, and therefore sent for a police.
man slid gave him into custody, not giving credence to
his explsr !viola. On plaintiff being taken before Mr.
Broughton the req,ciability ut the plaintiff was estab-
lished, and the magistrate suggested an apology and a
contributhai to the poor box, but delencLat would not
accede, and the piaimitf bad therefore felt it incumbent
upon him to Wing the case before the jury.
lie (tiara Learnt d Counsel) was, however, now
happy to say that the defendant being fully
convinced of his error, h.Acl offered a most ample
apology; and as the plaintiff's obj. ct was solely to ub
t.in a public vindication of his character, he bad agreed,
on an apalogy b it g publicly made, to take a verdict for
noe,ifial dam. gas.
Mr. liAasrow, for defendant, admitted that the
dete,,d nt had iavutuatarily fallen into an error, and
having aa istied himself, felt plra•ure in cluing justice to
the plaint if by admitting it. The Learned Counsel
read the apology, and a verdict was entered for 40s.
and costs.
ARMSTRONG V. WALKER.--BREACH OF PATENT.
The pl.ibtiti in this ..ction is taarny-r, &c., at Ampt-
hill, Beutordshire, suit brought his action to recover
darn ages fora breach of patent fur the construction of
D,tendtnt saff.yred judgment to go by default. De-
fen taut had not only thfcmg,td on the patent, but had
written to tl.e Siantord Me'cury, stating that plaintiff
had nu patent, and that the invention was entirely his
(def.ndant'o own. He h ed, however, afterwards said
that he had made fbriy harrows, and was willing to give
ss. each tor making. This was roused.
The Counsel tor tho.ptitintili said, that he would be j
content to take a 'finite:, ibelo/., without asking for spe• 1

The jury ar petted to think that sum insufficient.
The UNDER-ZHERIFF said the plaintiff consented to
take that t:uin, and that would, perhap-, satisfy the jury.
Ths vetdict would, no doubt, stop any further infringe-
ment.
Verdict for plaintiff for 101.
SEDUCTION.—HARVEY V. CHAPLIN.
This was au action to recover damages tor seduction
of plaintiff's daughter. Defendant suffered judgment to
go by de•ault.
Mr. Wordsworth (with whom was Mr. Partridge)
stared the case fel- th,-- plaintiff, who is a publican or beer-
shop keeprr at Cis. shunt, Herts. Defendant is a carrier
to and from that. place.
The facts were the,e:—Defendant had been in the
baba of using plaintiff 'a house tor nearly seven years.
plaintiff's daughter then being a child, and now under
21 yeas of age. In 1846 plaintiff's wife died, after
which defendant professed an ardent attachment to
plaintiff 'a daughter, and un,-qaivocllly declared his in-
tention to marry her. He thus obtained a still more
intimate towing in the family, and the greatest
confidence was placed in his honour—so much
so, that he frequently attended the bar, and
on one occasion was lett with the unfortunate
sut•ject of the action to conduct the business
Defendant availed himself of the pos,ti, n in which he
was placed; anti in January, 1848, the plaintiff's daughter
bec,stue a mother, awl the nen iidant had since wholly
refused to peifo:m his promise of marriage which he
had made. Tha Learned Counsel said that it would be
unnecess try to dwell upon that posit, for he was bound
in fairness to tell them that that might form a subji ct of
a separate action. This was one entirely to recover
dam iges su,tatn-d by the :plaintiff in the way of
his husines, by tht, loss of the s-rvices of his (taught-. r.
Evidence was then adduced. Plaint:trs daughter,
Eliz4neth Harvey, proved that she was employed in her
father's blhiheS.3, and th,lt, having been sedan d by de-
fendant, she was unable to attend to it as formerly, and
bad been ill for some months in consequence of her ac-
coachmen%
. Mr. Sharpe, a medical practitioner, gave evidence that
the witness was still in a debilitated state.
Mr. T. CHAMBERS addressed the jury for the defendant,
and contended that facilities had been improperly per-
mitted, and that :he lowest amount of damages would be
sufficient, for the feelings of the plaintiff could not have
been ouiraged.
The jury gave damages, 401.

IMPERIAL PARLIAI\IENT.

(THIS EVENING.)

HOUSE OF LORDS.
Their L.,rdships a..emblad shortly after Five o'clock.
ILLNESS OF THE lA-MD CHANCELLOR.
Lord Bit( /tit; LIA-11, in moving that certain returns
be made from the Court or Chancery, declared that no
possible incoovenience had arisen, or could arise, from
the absence of the L ,rd Chancellor, and he hopt.d that
his Noble and Learnr,d Friend would not go out one day
sooner than be telt himself equal to do so. He remem-
bered that on one occasion Lord Edon had been absent
fur three month.
Lord LANGDALE could not agree in opinion with
his Noble and L arned Fricnd that no inconvenience
had ,risen from the absence of the Lord Chancellor;
but he suggested that during the short absence of the
Lord Chi:m.lhr a commission might be issued to per-
form temporarily the functions of the Great Seal.

Lord CAMPBELL said that in former times nothing
was more common than for the Lord Chancellor during
his absence abroad, or during his indisposition, to hand
over the seal to a Vice-Chancellor who performed the
functions of h's office.
The subject then dropped.
PETITIONS.
The Eirl of GALL( IWAY presented a petition from
Castle Doug!: s in favour of granting sites for free
chuocii. a in Scotland. The Noble Earl also presented
several tetitions apitist the Parliamentary Oaths Bill.
Lord REDESLALE presented a petition from the
Great Western Radway Company, praying that the
standing orders might be di,peise d with, in relation to
CDC of tlirir Bills 'low before th • Hoi*e.
SI i ES OF SCHOOLS BILL.
On the motion of Lord REDESDALE, this Bill was
read a, first time.

PETITIONS.
The Earl of SUFFOLK presented several petitions
praying for the extension of the juriadittion of the County
Courts.
L, rd BROUGHAM had urged that the jurisdiction
of the Court should be extend d to 501, but hts Noble
and Learned Friend the Lord Chancellor had
measure that never
pledged himself to introduce any _o. ...at we"
Lord STANLEY presented several petitions com-
plaining of agricultural distress; also some petitions
praying for a new system of rating.
'The Duku of NEWCASTLE presented ti petition
piltuat wy end9wmons to Romaa

DIGHWAYS ANNUAL RETURN BILL.
The Earl of GRANVILLE moved the third reading
of this Bill.
After a few words from the EA of ST. GERMANS,
The Bill was mad a third time and passed.
CANADA. _ _ _

Lord BROUGHAM said that he had received a list of
79 addresses presented to the Governor-General asking
him to refuse assent to the Indemnification for Losses Bill.
He wished to know if any list had been received by the
Government of these addresses?
Earl GREY had understood from the Governor-
General teat several addresses had been *resented, but
no return of them had been made.
FRENCH EXPEDITION TO ROME.
The Earl of ELLENBOROUGH asked if a copy of
the communicstion between the British Ambassador to
France and the French Government would be laid be-
tore the House, and if any subsequent communication
bad been made to our Government, in consequence of
the changed character of the expedition.
The Marquis of LANSDOWNE sa•d that no commu-
nication had taken place with regard to what the Noble
Earl had described as the changed character of the expe-
dition.
The Earl of ABERDEEN wished to observe that the
French Government had, in point of fact, made no com-
muincation whatever ; they had merely ordered the am-
bassador to read a communication to the French Minister
at Vienna, who wished to know %hail( r the Government
would also communicate the dispatch which the Austrian
Minister had read.
The Marquis of LANSDOWNE said the communi-
cation from the Austrian Minister necessarily took place
verbally, whereas the French Mini, ter was instructed
to leave a copy of the dispatch with Lord Palmerston,
coissequently no record was left at the Foreign-office of
the Austrian dispatch.
The Earl of ABERDEEN said that the French
Ambassador was merely directed to read the dispatch,
whereas the Noble Marquis had said that be had had
in his hands the dispatch of the Austrian Minister;
therefore he thought that that dispathh might be
laid before Parliament. It was a mockery to say
that the French dispatch conveyed any information
and he wished to know if the A-strian dispatch had
not been more explicit; and he asked if the Government
would not lay on the table the communication of the
Austrian Government, which he believed was much
more explicit.
(LEFT SPEAKING.)

HOUSE OF COMMONS.
The SPEAKER tonk the Chair at Four o'clock.
LORDS' AMENDMENTS.

The Lords' amendments to the Black Sluice Drainage
Acta Amendment (Amendment of Acta, Extension of
lime for Completien of Works, Powers to levy and
rui,e further Rates and Mone)s, to alter existing Rates
and Tolls, and fur other purpose) Blil were considered
sod agreed to.