The Sun.
London, England, 1836-11-07 00:00:00

COMMON PLEAS.-(THIS DAY.)

DAVIS V. CURTIS.
Mr. Sergeant ANDREWS renewed the application which
he made on Thursday last in this case. It will be recol-
lected that the object of the application was to discharge
the defendant from custody, under the 48th Geo. 3, c. 17,
upon affidavits statiog that the defendant had suffered an
imprisonment of twelve months for a debt not exceeding
20/. The case was ordered to stand over, in order that
counsel might have an opportunity of referring to prece-
dents on the point. Mr. Sergeant Andrews accordingly
referred to the case of Langdon v. Rosseter, 1 Mackland,
which was heard in the Exchequer, before Mr. Baron Hul-
lett, and in which, under similar circumstances to the pre-
sent, the prisoner was discharged.. There was a case to
the like effect in 1 Dowling 64. •
Mr. MAUNSELL contended that according to the 32d of
Geo. 3, c. 42, sec. 17, the prisoner ought to give a good
excuse why he had not made a schedule. The plaintiff was
clearly entitled to call upon the defendant to deliver up an
account of his effects, or to make an assignment before he
could apply to be discharged.
The CHIEF JUSTICE did not see how the present appli-
cation could be answered. The defendant must be dis-
charged under the 48 George 111. ; and supposing he had
incurred the high penalty, which he did not say he had, of
defrauding his creditors, the plaintiff might indict him. The
present application was simply tl-at the defendant, having
been imprisoned more than 12 months for a less sum than
20/., might be discharged.
Mr. MAUNSELL contended that, according to the Act,
the defendant was bound to make it appear to the Court
that there was just excuse for his neglecting to make a
schedule at the end of the 60 days, or at all events he was
justified in calling upon the Court to direct the prisoner to
make an assignment of his property for the benefit of his
creditors before he was discharged. The proceeding of the
defendant was anything but an excuse—it was an attempt
to defraud the creditors.

The LORD CHIEF JUSTICE said that what the Court
was disposed to do, was to give the prisoner time to make
an election whether or not he would deliver up a schedule.
The moment he had made his election the rule would be
made absolute, and the prisoner would be discharged.
Mr. Sergeant ANDREWS said that the Act simply dis-
charged the person of the prisoner ; it left the whole of his
effects for the benefit of his creditors as before.
The LORD CHIEF JUSTICE thought it a case of some
nicety, and would look into the Acts of Parliament.
The prisoner was remanded until Wednesday.
CORNISH V. KEAN.

The ATTORNEY-GENERAL appeared to show cause
against a rule which Was obtained last term, the object of
the rule being to set aside the verdict in this case. It was
an action brought by the plaintiffs, Messrs. Cornish, Swier
and Co., against Kean and Co. for an infringement of a pa-
tent which had been obtained by W. Sweir, for certain im-
provements in the making and manufacturing of elastic goods
and fabrics applicable to several useful purposes such as
braces, socks, nightcaps, and other articles of dress. The
defendant pleaded first, not guilty ; secondly, that Sweir
was not the first or true inventor ; thirdly, that the
alleged invention cr discovery was not a new invention ;
fourthly, that it was no improvement ; and fifthly, and
lastly, that there was no specification.
The case was proceeding when our Reporter left. It is
expected to occupy the Court two days at least.

EXCHEQUER COURT.-(THIS DAY.)

VANDENTIOFF V. BUNN.

This action was brought by the celebrated actor against
the lessee of Drury-lane, to recover arrears of salary. It
was tried at the London sittings after last term, before
Lord Abinger, and a verdict found for the plaintiff, with
1621. damages.
_ _

Mr. TIIESSIGER this morning moved for a rule nisi for
a new trial, or to reduce the damages. The plaintiff's de-
claration stated that he was engaged to play at the Theatres
Royal Drury-lane and Covent-garden, for two seasons, at
a weekly salary of 181.—that the defendant suddenly closed
the theatres at a much earlier period than had been usual,
and did not employ the plaintiff for ten weeks at the end
of the first regular season, for which he claimed salary.
The defendant replied that he had not so promised
to engage the plaintiff; that the supposed promise was
not to be performed within the space of one year—that
it was not in a writing signed by him (the defendant) or any
one authorised by him for that purpose, and that he had not
closed the season earlier than he had a right to do. At the
trial a letter was produced by plaintiff, signed by Mr. Dunn,
the treasurer of the theatre, in which he said, " I; on the part of
Mr. Bunn, agree to your proposal of performing at 18 /. a week,
and when Mr. Bunn comes to town the legal agreement can be 4
signed," &c., but that letter did not contain the name of Mr.
Vandenhoff; it had, or appeared to hare been sent in an
envelope, but the envelope was not produced. In order to
make out the case, his friend, Mr. Platt, produced a copy
of a letter from the plaintiff to Mr. Bunn, but as there had
been no notice to produce it was improperly read.
Lord ABINGER said there did not appear, by his notes,
to have been anything of that kind at the trial. lie had no
note of any such copy of a letter having been produced, nor
had be any recollection of it.

Mr. THESSIGER could only speak as he was instructed,
for, unfortunately, he had been engaged elsewhere when
the case was called on, and he was afraid that his ju-
nior had certainly fallen under his Lordship's displea-
sure, for being too eager, in the discharge of
his duty under the circumstances in which he was placed.
He was Informed that such a copy was produced and
read. However lie would rely upon the want of mutuality
in the contract, for it had been held that both parties must
be equally bound. Here there was nothing shown to bind
Mr. Vandenhoff.
The Loup CHIEP BARON said ho had. had no note of
such objection, and it could not have escaped him. It
was not made till after he had summed up. Such an ob-
jection, if made at all, ought to be made in time.
Mr. Baron PARKE said the point had been laid down hi
the case of Champion v. Plumer. The names of both par,
ties must appear in the memorandum of agreement. •
The LORD CHIEF BARON had no note of the objection,
nor of the non-production of the envelope. The whole
question at the trial was whether the defendant had a right
to close the season when he pleased.

ISLINGTON CATTLE MARKET.
This day's supply consisted of 134 Beasts, 1744 Sheep and Lambs,
and 0 Calves. The trade was dull throughout at the following
prices per stone of 81b. sinking the offals :
Beef 3s. 2d. to 48. titi. I Veal Os. Od. to Oa Od.
Mutton 3 6 4 6 Pork 0 0 0 0

NEWCASTLE-UPON-TYNE CORN MARKET.—Nov. 5.
We had a large supply of Wheat from the country at our
market to-ddy, but our Millers were anxious buyers ; and there
being also a speculative demand, the sale was brisk, at an ad-
vance of 3s. 4d. per quarter, on the prices of this day
se'nnight. We have had no arrivals of Barley this week, and
it is in great request at 2s. per quarter advance in price. The
supply of Oats to-day was exceedingly large, and rather
higher rates were obtained for the best samples, but inferior
kinds were a dull sale. Rye is a ready sale, and may be
quoted 2s. to 3s. per quarter dearer. Malt is also ls. per
quarter higher, and in good demand. White Pease are scarce,
and go off briskly at Is. per quarter more money. Flour is
much inquired after, at an advance of 3s. per sack.
New. Old.
Wheat, Northumberland 44s. 595....... 58a. 63,1
- Norfolk and Suffolk sss. tith 64-
- Berwick and Scotch 643. 5 —s 591. I

-- Foreign
Rye, Norfolk and Suilolk
Foreign —s. —S .—.S. --S.
Barley, Malting, Norfolk and Stiftlk... 41s. 450 -s. --s.
Grinding and Feeding 3ls. 31, —s. —s.
Malt, Norfolk and Suffolk
Beans, Small 43, 45. —s. —E.
—..•— Tick 4ls. 413. --s. --E.
P..ase, White 433 4fis. . ... —s. --s.
Gray ',6s 383 —s• —s.
Oats, Northumberland, Potatoe 24e. 96;
.................--....——......... Feed
Foreign -s —s. --,,.
Flour 1/4per sack)

The coming week is a stirring one in theatrical mat-
ters. At Drury-lane, to-night, Mr. Forrest will repeat his
performance of King Lear; and on Wednesday will appear,
for the first time, in the character of Damon, in the tra-
gedy of Damon and Pythias, which was favourably received
some fourteen or fifteen years since at Covent-garden
Theatre. It is, we believe, the joint production of Mr.
Banim and Mr. Sheil. To-morrow night will be produced,
with the greatest splendour in dross and decoration, an
English version of Rossini's grand opera of The Siege of
Corinth. The cast will include the whole operatical strength
of the company—Misses Shirreff and Poole, with Mes-
sieurs Balfe, Templeton, Wilson, Bedford, and Giubilei ;
and, to heighten its attraction, an incidental divertissetnent
will be introduced, in which Mdlle. Duvernay will make
her second appearance this season. Should the opera suc-
ceed, and there is little doubt but it will do so eminently;
it is said to be the manager's intention to run it nightly,
in conjunction with the performances of Mr. Forrest ; and
Mr. Hill's Yaakec Pedlar will help to give variety to the
entertainments.

FATAL ACCIDENT.—About seven o'clock on
Friday night an explosion took place at the newly erected
gas-works at Dunstable, when, in an instant the whole works
were blown into fragments. Two of the three men left in
charge of the works were blown into a field on the opposite
side of the turnpike-road, which is situated on the London
and Birmingham line ; these men were killed, and not a
feature was visible which could be identified. The other
man was conveyed to a public-house ; he is not expected to
survive. One of the sufferers resided in the town, whose
name is Seeley, and has left a wife and five children to de-
plore his loss. Monday was the day fixed for lighting the
town with gas. The gasometer had not been 'filled more
than half an hour when the explosion took place. Had the
accident happened an hour earlier, hundreds of lives would
have been sacrificed, es the good people of Dunstable had
mustered numerously to witness the filling of the gasometer,
and had but just departed.—Northampton Chronicle.
DEATH FROM POlSON.—Yesterday afternoon, an
inquest was held on view of the body of James Booth, 14
years of age, whose death was occasioned by his having
eaten a cake in which arsenic had been mixed. It appeared
in evidence, that L. Brown was employed by Mr. Whalley,
stepfather to the deceased, to whitewash a house ; that he
purchased a pound of arsenic to mix in the whiting, for
the purpose of destroying bugs, and that he had used it
all but about four ounces, which he left in a cupboard
wrapped up in brown paper, for the purpose of calling
again to fill up the cracks in the floor. Whalley removed
to the house On Friday, the 21st ult., and his wife cleaned
out the cupboard the next day, but did not perceive the
paper containing the arsenic. Her daughter Mary, how-
ever, saw Jane Booth, a child about 2 years of age, who was
playing about the house, empty a paper into a basin among
among some flour, but they thinking it was only whiting,
there was no further notice taken of it. The mother made
some cakes of the flour on the Monday following, of which
several of the family partook, and a short time after they
were all taken ill. James lingered until the following
Sunday, when he expired.—Verdict " Accidental death.—
Blackburn Gazette.

1,500 stacks of wheat in. the vicinity of Douglas arc
now covered with snow ; many of the fields of wheat are
also quite green.—Mona's Herald (Isle of Man.)