The Sun.
London, England, 1849-04-16 00:00:00

IRELAAJJ.

(BY ELECTRIC TELEGRAPH.)
DISCHARGE OF MR. DUFFY.
DUBLIN, SUNDAY EVENING.—Mr. Duffy's recog-
nizances were perfected before five o'clock yester-
day evening, and shortly afterwards his prison
doors were thrown open, and the captive was set at
liberty. A dense crowd was collected in Green-
street, and on Mr. Duffy being recognised as he was
stepping into X car, in company with his wife and
some friends, a wild shout of exultation was raised by
the mob.

Mr. Duffy's securities were Grace, the bookseller,
of Capel street, and Mr. Villan, the auctioneer, of
Henry-street.

CHANCERY.-(THIS DAY.)
This being the first day of Easter Term, the Lord
Chancellor sat in his court at Westminster at ten o'clock,
agreeably to the arrangement his Lordship has made
with the gentlemen of the Equity Bar to sit two terms
(Michaelmas and Hilary) in his court at Lincoln's Inn
and two (Easter and Trinity) at Westminster.
His Lordship heard appeals and motions.
IN THE MATTER OF THE WINDING-UP ACT.-THE
AGRICULTURAL CATTLE IN SURANCE COMPANY.

This case came before his Lordship the last day of his
sitting previous to the Easter recess upon an appeal
irom the decision of the Vice-Chancellor Knight Bruce
dismissing a petition by two gentlemen named Spackman
under the Winding-up Act, praying for the
dissolution of the Cattle Insurance Company. The
short facts of the case may be thus stated:—
'L he company was formed in 1845, for the insurance of
horses, cows, and other animals against disease or death.
There were to be 25,000 shares, but only 13,100 were
subscribed for, and of these the petitioners, George and
Joseph Spackman, took 1,700, on which they paid the
two first calls. The petitioners stated that, in their
belief; the company was not in a condition to go on with
s.ny advantage to the shareholders, but that on the con-
trary, if the directors persisted in their present system,
it must become hopelessly insolvent. The company had
effected insurances to the extent of more than a million
and a quarter; and on the 30th of June, 1843, it appeared
from the accounts that there was already a loss on their
transactions of 26,1151., independent of the liabilities on
the outstanding insurances. They had also borrowed
money, contrary to the express provisions of their deed,
and they had paid two dividends, at the rate of 6 per
cent., out of their capital. Under these circumstances,
the questions to be considered were, whether thecompany
came within the provisions of the Winding-up Act; and
if it did, was there a case made to justify the interference
of the Court? The petitioners maintained that the com-
pany were engaged in 5a commerce, or trading, such
448 the Legislature contemplated; and that, in the lan-
guage of the eighth clause of the fifth section, they
ehowed matters and things on which the Court ought to
pronounce an opinion that it would be equitable to dis-
tole() the company, and relieve the shareholders from
that continuing liability and great ultimate loss that
must accrue if the directors were permitted to go en.
On the petition coming on before the Vice-Chancellor
Knight Bruce, on the 12th of January last, his Honour,
considering that the company was not a trading one
within the meaning of the Act, dismissed the petition
with costa, and from that decision the petitioners ap-
pealed._

- The Solicitor-General, Mr. Swanston, and Mr. Col-
lins were heard previous to the Easter recess on behalf
of the petitioners.
Mr. FITZHERBERT addressed the Court on the same
aide to day.

Mr. James Russell and Mr. Prior appeared in suppor
of the judgment of the Court below.
The case had not concluded when our afternoon edi.
tion went to press.

ROLLS' COURT.-(THIS DAY.)
The Master of the Rolls sat in his Court at West-
minster, it being the first day of Easter Term. His
Lordship heard appeal motion., but no case calling for a
special report came before the Court during the morn-
ing. His Lordship will not sit at the Privy Council du-
ring the present term.

VICE-CHANCERY.-(THIS DAY.)
The Vice-Chancellor of England took motions to-
day, the greater portion of which related to points of
practice. and were totally devoid of interest.
The Vice-Chancellors Knight Bruce and Wigram did
not sit to-day.

QUEEN'S BENCH.-(THIS DAY.)
Easter Term was opened this morning at Westminster.
Mr. Justice Patteson, Mr. Justice Coleridge, and Mr.
Erle, took their seats on the bench shortly after ten
o'clock.

ILLNESS OF LORD DENMAN AND MR. JUSTICE
WIGHTMAN.—MT. Justice PATTESON said, I am scrry to
say that my Lord Chief Justice, and my brother Wight-
man, are too ill to attend for a few days.
QUEEN'S COUNSEL.—The following Learned Gentle-
mPli appeared on the floor of the court, in full dress,
silk gowns, and flowing wigs. and were invited to take
their seats in the Queen's Counsel box •—Mr. Sergeant
Kinglake, Mr. Lloyd, Mr. Matins, Mr. Calvert, Mr.
Keating, Mr. Roundell Palmer, and Mr. Hope. The
first and last-named gentlemen took their seats in
accordance with patents of precedence which had been
granted to them by her Majesty.

INUNDATING A MINE.-PHILLPOTTS V. LEAVER.
This was an action to recover compensation in da-
mages for certain injuries done to the mine of the plain-
tiffs by the wilful direction of a stream of water into it
by the defendants. The plaintiffs and the defendants
are the lessees of contiguous mines belonging to Lord
Ward, in the vicinity of Dudley. The one was called
Holly Hill Colliery, and the other Park Head
Colliery. The plaintiffs' mine being on the lower level
and the mine of the defendants, containing a quantity of
water a large hole was bored into the mine of the plain-
tiffs, two and a half by four feet in width, through which
a vast mass of water was discharged, and the plaintiff's
property was injured to the extent of 3,0001. The de-
fendants had agreed that they should so manage the
water that it should not inundate the mine of the
plaintiffs ; indeed the cut would at all times
naturally carry off all the water that accumu-
lated in the mine of the defendants into that of
the plaintiffs. The case was tried at Worcester,
and the plaintiffs were nonsuited by the direction of the
Learned Judge, on the ground that the case, as shown
by the evidence, differed from that set forth in the
declaration.

Mr. Sergeant TALFOURD, this morning, obtained a
rule to show cause why the nonsuit should not be set
aside, and a new trial had, on various grounds.
Mr. Justice PATTESON expressed it as bis opinion that
the injury sustained by the plaintiffs was wilful.
Rule granted.

EXCHEQUER.—(THIS DAY.)
This being the first day of Easter Term, the Learned
Judges, Lord Chief Baron Pollock, Mr. Baron Parke,
and Mr. Baron Rolfe, took their seats upon the bench
shortly after ten o'clock. Mr. Baron Alderson sits at
Chambers, and Mr. Baron Platt is engaged at the Central
Criminal Court.
The first case proceeded with was that of Wills v.
Sutherland, which involved no matter of public interest,
the only question being as to whether, under the Act of
Incorporation of the Neptune Marine Insurance Com-
pany, an action could be brought in the name of the
secretary, as public officer.
The business of the Court was interrupted for a brief
period by the entrance of seven barristers, latel ap-
pointed Q
gowns,ueen's Counsel, " learned in the law," who
appeared in their big wigs and silk and
who
theirwere
seats within severally called
the bar.
liedbythe Lord Chief Baron to take

COMMON PLEAS.-(THIS DAY.)
Sittings in Bunco, before Lord Chief Justice Wilde,

and Justices Coltman, Cresswell and Williams.)
This being the first day of Easter Term, their Lord-
ships entered the court at half-past ten o'clock.
TOWNE V. LEWIS.

Mr. lIIJIITRAT, Q.C., moved for a rule to show cause
why the verdict in this case, which had been given for
the defendant on the trial in Middlesex, should not be
set aside. It was an action of trover MI a bill of ex-
change. The plea was "not possessiA," and " not
gulilty;" and upon both those pleas -the Lord Chief
Justice, who tried the cause, thought the defendant
was entitled to a verdict. The plaintiff (Mr. Towne)
had been sued as the indorser of a bill of exchange in
the Lot d Mayor's Court, and he paid into that court
the amount of the bill of exchange under the summons
from the court. Having paid the moasey, he sent to
the defendant demanding the bill of exchange, and the
refusal to deliver up which was the question in the
action. The question was whether this, in law, was a
conversion or not. The defendant upcon being asked to

aid he 11“ d nut i.,ut it, but i wao :;. the
hands of a Mr. Biegood, his attorney, to whom he re-
ferred the applicant, who, however, declined to ask Mr.
Bisgood fur it. lie (Mr. Hurnfrey) contended that e►as
a conversion by the defendant.

The LORD CHIEF JusnoE was of opinion, that the
verdict was well warranted in finding that there was no
conversion. Although no reason was assigned by the
evidence why the defendant had not procured the bill
from his attorney, yet thr whop conduct of the defend-
ant appeared to him (the Lord Chief Justice) to be con-
sistent with a bona fide intention to deliver the bill to
the plaintiff:

The other Learned Judges concurred, and the rule
was refused.

In the course of the morning Mr. Sergeant Kingiske,
Mr. Keating, Mr. Calvert, Mr. Roundel! Palmer, Mr.
Hope, Mr. Malins, and Mr. Lloyd, appeared iu court in
full forensic costume, and at the request of the Lord
Chief Justice, severally took their seats within ihe bar on
the occasion of a patent of precedence having been con-
f, reed on Mr. Sergeant Kffiglake, and of the other
Learned Gentlemen having severally been called to the
degree of Queen's Counsel. 'The usual formality having
been observed, the Learned Gentlemen immediately
retired.

BAIL COURT.-(THIS DAY.)
Mr. Justice Coleridge sat for a few minutes in the
Bail Court this morning, but no motion calling for st
report came before him.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.
(Before Mr. Baron PLATT.)
FORGERY.—John Cutts, solicitor, of Colchester, and
William Evans, his clerk, surrendered to take their trial
on a charge of forging several receipts for money.
Mr. M. Chambers and Mr. Robinson prosecuted, and
Sir F. The Ager, with whom was Mr. Prendergast, de-
fended Cutts, and Mr. Sergeant Wilkins, with whom
was Mr. Ballantine, Evans.

Mr. CLIA3IBERS, in stating the case, said the elder
prisoner had fur a long time practised in the county of
Essex as a solicitor, and the other prisoner had acted as
his clerk. The prosecutor, Mr. Edema Galway, was
married to the daughter of Mr. Cutts's housekeeper and
the sister of the prisoner Evans. At the period of his mar-
riage the prosecutor was under age but the prisoner Cutts
advanced him 1501. to defray the expenses of the moment,
Some two or three years ago a Mr. Smith bequeathed
to three of his nephews, one of whom was the prose-
cutor, several lots of freehold property, situated in the
parishes of Great and Little Bardfield, Shalford. and
Baistow, and the prisoner Cutts was appointed trustee.
Soon after the death of the testator, Mr. Cutts, as their
legal adviser and guardian, recommended the glue° ne-
phews, who were brothers, to sell the property, and
convert it into money. The brothers adopted the ad-
vice, and the property was advertised to be sold by
auction, and a tenant of Mr. Cutts's, named Franklin,
was employed to act as auctioneer at the sale. The
property at Shalford was sold in seven lots, and
that at Baistow and Great and Little Bardfield in
one, making eight lots in all, and it was in
the transaction which formed the subject of this charge
had reference to the last-named property, which was
called Lot 8. On the 9th of June, 1845, the prose-
cutor being still under age, the property at Baistow and
Great and Little Bardfield was knocked down to Mr.
Cutts, for 2,5001, on condition that he made compensa-
tion to the out-going tenant, who was then the prose-
cutor. Mr. Cutts was to pay a deposit of 250/., as the,
purchase could not be completed till the prosecutor came
of age; but, although possession of the property was
given up to Mr. Cutts, and the compensation
due to the outgoing tenant ascertaine 1, ho never
paid either the one or the other. He, however, made
repeated advances of money to the prosecutor in the
shape of loans, which advances added to the previous
money lent to the prosecutor on the occasion of his mar-
riage, made a total of 2631., and on the sth of July, 1847,
the prosecutor was induced to sign five receipts, the
bodies of which were written in the handwriting of the
prisoner Evans, as acknowledgment for the advances
Mr. Cutts had from time to time made to him. In the
mean while the prosecutor came of age, and being
dissatisfied with the manner in which the property
had been sold, he filed a bill in Chancery
for the purpose of annulling the contract of
sale, on the ground that he was not of age
when it was agreed to, and commenced an action of
ejectment to compel Mr. Cutts to restore him possession
of the estate. To the bill in Chancery Mr. Cutts made
a lengthened answer, admitting that the prosecutor was
under age at the time the sale took place, but alleging
that since he had attained his majority the prosecutor
had signed five papers, or documents acknowledging the
receipt of part of the purchase money. and thereby
ratifying and legalising the contract of sale. Subse-
quently an inspection of the receipts was demanded,
and upon it being granted it was discovered
that since they had been signed the words
" O. A, lot 8 " had been inserted, so as to make it sp•
pear that the money had been paid in part liquidation"
of 2,5101., the price for which the property had been
sold, and not advanced to the prosecutor by the way of
loans. The insertion of these words constitute the for‘
gery, and the question the jury had to decide after
hearing the evidence would be, first, whether or not
the words were inserted after the signature of the pro-
secutor with the view of defrauding him; and secondly'
whether or not the insertion was made by either or both
of the prisoners.
(The case was proceeding when we went to press.)

BOW-STREET.—(THIS DAY.)
James Edward Bazeley, a letter-carrier in the Stepney
district, was charged with stealing money from several
letters entrusted to him for delivery on Saturday last.
It appeared that in consequence of some suspicions
entertained respecting the prisoner; Mr. Scullthorpe,
principal inspector of letter-carriers, enclosed two
marked half-sovereigns in a letter addressed to a person
on the prisoner's walk. It having been ascer-
tained that the letter had not been delivered
the prisoner was taken into custody. 'Upon his
were found the remains of the letter and the half-
sovereigns. Other letters were also found upon hire
which ought to have been delivered the same day, and
some of these had evidently contained money.
He was committed on the first charge, but ordered
to be brought up again on Monday next, upon other
charges which will be brought against him.

MARLBRO'-STREta—(THIS DAY).
Mary Fitzgerald, an elderly woman, and Margaret
Fitzgerald, her daughter,were brought before Mr. Hard-
wick, charged with having stolen two sable skins, value
21. 10s., the property of Mr. Philip Levi, a furrier, re-
siding at Edinburgh,
Mr. John Augustus Nicholay, furrier, No. 82, Oxford-
street, deposed that on Friday last the two prisoners
came into his shop and produced two sable skins, which
they offered for sale. Seeing that they were valuable
skins, he asked them where they got them from? The
elder prisoner replied that they were given to her by $
Mr. Levi, of Thurloe-place, Brompton. Witness Wee
not satisfied with this explanation, and suspecting that
the prisoners had not come by the skins honestly, he
said he should detain the skins until he made inquiries
about them, and if he found that they had come by the
skins honestly he would purchase them. The prisoners
then left the shop, and witness sent one of his lad's to
follow them. On the lad's return he told witness that
he had followed the prisoners to Church-street,
Giles's, where he lost sight of them. On Saturday after-
noon the prisoners came again, and from information be
had received he gave them into custody.
Mr. Philip Levi stated that he resided at Edinburgh.
About two months ago he was in London, and lodged at
15, Featherstone buildings, where the younger prisoner
was servant. The skins produced were his property,
and had been stolen from a bundle containing 150 skins.
lie never gave the prisoner the skins. Witness added
that he hoped the magistrate would deal with the case
summarily, as he had important business to attend to at
Edinburgh.
The prisoners, who declined offering any defence,
were committed to the House of Correction for three
months, with hard labour.

I