The Sun.
London, England, 1849-11-26 00:00:00

THE SUN, LONDON, MONDAY EVENING. NOVEMBER 26, 1849.

COURT OF COMMON PLEAS, Nov, 24.

(Before Lord Chief Justice "TILDE and Justices
111AULE, WILLIAMi, and TALFOURD.)

THE DUKE OF BRUNSWICK V SLOIHAN AND OTHERS.

In this case Mr. Lufh on a former clay obtained a
rule, calling on the plaintiff to show cause why one
of the defendants named Miles should not be dis-
charged from the Queen's prison, on the grounds—
first, that he had been arrested in hre3ch of good
faith; and, secondly, that a judge's order for splitting
the execution issued against the defendants had been
obtained by the attorney of Sloman, without the
knowledge or concurrence of the defendant Miles.
Mr. Sergeant ALLEN and Mr. 1113NNIKER now ap-
peared to show cause against the rule. It was con-
tended by the Learned Sergeant, that as to the first
ground the rule must be discharged, because the
ju rat of the rfh lavit of the facts on which the rule

had been obti.ined did not mention the day of the
month when s'aorn, which had been repeatedly held
to be a fatal objction.
The COURT inquired if Mr. LuSh Could get over
this objection
Mr. Lusa would not stay to comment on such an
objection to an affidavit alleging breach of faith, on
the pert of the Duke of Brunswick, who had pledged
his word "as a sovereign prince and a gentleman,"
that the defendant Aliles should not be arrested, but
would submit the, takin,, the two affidavits together,
one of whicli %las diterl the 14• h of November, and
referred to the one obj?cted to without date, the affi-
davit was sufficient.

Mr. Sergeant ALLEN would take on himself any
discredit there might be in railing this objection to

le affidavit.

The COURT held the objection fatal ; the rule must
either be discharged, or cause shown on the other
affilavit.

Mr. Sergeant ALLEN then contended that the
second affidavit was also insufficient, in stating that
Mr. Berry, the attorney of the defendant Miles, had
received no notice of the application for the judge's
order to split the execution, because at that time Mr.
George Smith, and not Mr. Berry, was the attorney
of the defendant Miles, and though the affidavit might
be true that Berry received no such notice, yet it
might also be true that Smith did receive such notice.
Mr. Lusa having been heard against the objection,
The Couar held the objection to be fatal, and that
the rule must be discharged, with costs.
Rule discharged accordingly.

INSOLVENT DEBTORS' COURT, Nov. 2 I.
IN THE MATTER or CITAILL%3 EDWARD PUGII.

This insolvent, a beer retailer, applied under the
Protection Act, supported by Mr. Sargood.
It appeAred that the insolvent had very recently
been made a bankrupt. It was the first case that had
occurred under the Protection Act, and the question
was, what was to be done with the proceedings ?
Mr. SARGOOD said there was no doubt the insolvent
had been made a bankrupt, although he had not re-
ceived the usual notice.
Mr. CooKE remarked that the adjudication must
have bee❑ served upon him. It was stated that the
adjudication must have been left at his last place of
residence. lie was, however, anxious to appear and
surrender.

Mr. SARGOOD asked the Court to adjourn the case
with protection for a month. The bankruptcy ousted
the jurisdiction of this Court, but, if it was not sus•
tained, then the insolvent could be heard under the
present position.
Mr. Commissioner PHILLIPS said it was no use in
having two jurisdictions going on at the same time.
The best course would be to adjourn the case, to
enable the petitioner to surrender to the bankruptcy.
The case was adjourned with protection, and subse-
quently Mr. Moore, the brewer, of Old street road,
appeared to oppose He said he was not aware that
the insolvent had petitioned this Court until after he
bad made him a bankrupt.

Mr. Commissioner fnlLLlrs—Well, the jurisdic-
tion of this Court is ousted by the bankruptcy. No
doubt it is a more expensive proceeding than in this
Court.

Mr. Moore said he would have preferred this Court,
as it was far 1:-.5s expensive.
Mr. Commi,sioner PHILLIPS told him that if the
proceedings in bankruptcy were set aside, then this
Court would hear the case, and Mr. Moore could
oppose.
Mr. Moore added that he wished to inquire into the
transfer of a place of business, and should come on the
next occasion. _ _

The case was adjourned to the 15th of December.
A nice question is likely to arise in this matter,
whether this Court or the Court of I.3ankruptcy will
dispose of the case.

UNIVERSITY INTELLIGENCE.

SANSCRIT SCHOLAR.

OXFORD, Nov. 24 —Mr. Ralph Thomas Hotchkin
Griffith, 8.A., of Queen's College, was this day
elec'ed to the vacant Sanscrit Scholarship.

CRAVEN SCIIOLARSIIIP.
A Scholarship on the foundation of Lord John
Craven, being now vacant, notice is hereby given,
that an election will take place on Tuesday, the 4th
of December. The electors are—the Vice-Chan-
cellor, the Regius Professors of Divinity, Law,
Physic, Hebrew, and Greek, and the Public Orator.
Persons of the same name or kindred of Lord Cra-
ven, being poor, and scholars of the University, are
ewitled to a preference ; and such persons are re-
quired to transmit to the Vice Chancellor, before ten
o'clock, on Saturday next, the Ist of December,
satisfactory documents is proof of their said kindred ;
an account of their standing in the university, and
testimonials from the college or hall to which they
belong.
F. C. PLUMPTRE, Vice-Chancellor.
University College, Nov. 24.
LINCOLN COLLEGE.

The Rev. E. Firmstone, this college, has
been appointed head-master of Lady Lumley's Gram-
mar School, Thornton.

CHRIST CITURCIL

'Re Rev. W. Cureton, M.A., of Christ Church,
canon of Westminster, has been presented to the
rectory of St. Margaret, 'Westminster.
The Rev. E. M. Goulburn, M.A., of Merton Col-
lege, and Exlmining Chaplain to the Lord Bi,hop of
Oxford, and the Rev. E. A. Litton, of Oriel College,
have been mentioned as additional candidates for the
head- mastership of Rugby.

SUICIDE THROUGH FEAR OF THE LAW.— On
Saturday atternoon Mr. Payne held an inquest at the
Rose and Crown, Broad-street, City, on view of the
body of John George Gibbs, aged 27, late messenger to
Mr. Muratte, Spanish merchant, No. 7, Adams. court,
who hung himself with a rope about eight o'clock the
same morning; and evidence having been given of the
discovery of the body by the wife, it was stated by Mr.
Hodson, superintendent of the City police, that the de-
ceased's employer had lost soma ledgers, which were
taken from the cellar, and that the deceased was sus-
p-cted. He in consequence placed two of the City de-
tective force, Edward Fund!, No. 32, and Huggett, on
Thursday night, to watch the movements of the de-
cease d. Furnell stated that while he and 'Liggett were
in Adams court he was seen the previous night by the
deceased, who knew him (Huggett). Deceased was
aware that he was suspected since Thursday night, and
has appeared very dull. Verdict, " Temporary Insanity."
Re has left two young children. The deceased had
been in difficul''es previously.
VIOLENT 0_ -It OF STABBING.—SHEFFIELD, SATUR-
DAY NIGHT.—A most atrocious case of stabbing occurred
in this town, between four and five o'clock yesterday
afternoon. The sufferer is an old man, named Bunko-
lomew Spink, residing in a yard near the bottom of
Broad-lane; and the offender, Charles Armitage, of
Edward-street, joiner. A son of Armitage, who has
been apprenticed to Spink,was on Tuesday week brought
before the magistrates, on the charge of stealing files
from Spink's fellow-workmen. Spink did not take any
part in the prosecution, the case being proved by two of
his fellow-workmen, whose files had been stolen. The
result was that the lad Was committed to Wakefield for a
month. Armitage appears to have laboured under an
impression that Spick had been the means of sending
his son to priron. Yesterday he went 'o Spick's house,
which is in a yard leading from Broad-lane into
Garden-street, and made use of very violent and
abusive language. Spink went to the door, with
the intention of ejecting him from the yard. He had
no sooner laid his hand upon him, than Armitage stabbed
him in the left arm with a pocket knife, inflicting a
wound of a very serious nature. Spink, who; is many
years the senior of his cowardly assailant, endeavoured
to get out of the ruffian's reach, but before he could do
so he received another stab in the abdomen. Having
inflicted these injuries, Armitage ran through the court
into Broad-lane; but he was pursued by some persons
who had been brought to the spot by Spink's cries, and
was apprehended near the bottom of Townsend street.
He was so violent, however, that it required the assist-
ance of several parties to detain him until the arrival of
a policeman. The officer endeavoured to make him
walk to the Town Hall, but he refused, and struggled with
such force, that it was found necessary:to secure him in a
cart, in which he was conveyed to the lock-up. Spink
:vas attended by Mr. Skinner, surgeon; and though the
injuries are of a serious nature, we are glad to hear
there is no doubt of his recover v.

'.Many of the blessings- universally desired are fre-
qugnlty wanted, because most m,n, when they should
labour, content theml=elves to comp!ain; and nvher
linger in a state in which they cannot be. at resat, Cisit
improve their condition by vigour and rcaolution.—hliza
Cook's Journal.