The Sun.
London, England, 1849-01-04 00:00:00

Mr. PETERSDORFF (with whom was Mr. Prentice)
' addressed the Court on the part of the defendant.
His Learned Friend had with his usual force intro-
duced topics to call' sympathy and commiseration not
only in favour of the plaintiff, but to show the in-
adequacy of the law to afford redress for the wrong
committed—observations which he was sure the jury
would dismiss from their minds, and proceed to a
calm consideration of the case. He appeared on the
part of Lieutenant Wigney, not to justify his con-
duct, but to confess his transgression, and to urge
circumstances in mitigation of the large amount of
damages sought to be recovered. The action was not
to obtain large damages, but with a view to ulterior
proceedings, to enable the plaintiff to obtain a divorce.
The defendant was a young man, only 23 years of
age, and without abusing the claims of friendship,
had yielded to a sudden temptation.
Sir F. TnEsIGER—Not a sudden temptation.
Mr. PETERSDOEFF ventured to say a sudden
temptation, and the evidence proved it. Only a
few weeks had elapsed before the elopement. What
object could the plaintiff gain by large damages, sur-
rounded as he was by wealth ? Money he did not
want, and could it be imagined for a moment that if
they could be paid he would touch one penny of the
sum awarded by the dishonour of his wife ? What
effect would large damages have on the defendant ?
Was he not already ruined—barred from future ad-
vancement ? Accompanied by this woman, how
could he rise in his profession ? As to the motive
imputed to the defendant, that he had looked to the
settlement, he would ask what evidence was there on
the subject; and could it be supposed for a moment
that Mrs. Hoghton had been so lost to shame as to
inform the defendant of such a circumstance ? The
Learned Counsel asked the jury not to award such
an amount of damages as would render the defendant
an exile for life, or, if he returned, consign him to
perpetual imprisonment.
The Learned UNDER-SHERIFF, in leaving the case
to the jury, told them, in apportioning the amount of
damages, to be guided by the evidence given. A re-
mark had been made on the absence of members of
the family to prove the terms on which the parties
lived ; but the jury would remember that several per-
sons had been called who had opportunities of observ-
ing them, and there was no necessity further to harass
the feelings of the family. As to the motive sug-
gested, about the settlement inducing the defendant
to seduce Mrs. Hoghton, there was no evidence on
the subject; and with respect to the amount of da-
mages, and the plea urged on the part of the defen-
dant, that the plaintiff was a wealthy man, the jury
would consider whether it was not a reason for in-
creased damages, because what was a large amount
to a person in other circumstances was not so to a
man possessing ample stores. He had often felt,
with Sir F. Thesiger, the state of the law on the
subject of adultery, but as it now stood the jury
could only award a pecuniary satisfaction. With
regard to ulterior proceedings to obtain a divorce,
the jury had nothing to do. All they were required
to do was to assess the damages, and he was sure they
would do so in a manner to satisfy the justice of the
case.

The jury retired for a quarter of an hour, and on
their return assessed the damages at 3,0001.

INSOLVENT DEBTORS' COURT, Jan. 3.
(Before the CHIEF COMMISSIONER.)
IN RE JOHN D'MONTB ARBUTHNOT.
This insolvent, who had been connected with the
" turf," again came before the Court. His case was
reported in our paper on the 16th ult.
Mr. Sturgeon again appeared for a Mr. Wood, and
Mr. Cooke supported.
It appeared that within the last few days the insol-
vent had been made a bankrupt, and the Court on that
account dispensed with the attendance of a Mr.
Green, who was required to appear.
It was elicited, in the course of the examination of
the insolvent on the present occasion, that he had lost
1,0001. at billiards-6001. on one occasion, and 4001.
on another.
His HoNouit addressed the insolvent in a very im-
pressive manner. He had frankly answered the ques-
tions, but his frankness would not save him from
shame and degradation unless he eschewed his former
vices and applied his mind to some honest calling.
The insolvent was discharged.

WESTMINSTER COUNTY COURT, Jan. 3.
(Before D. C. MOYLIN, Esq., Judge.)
SLY V. BRYANT.

This was an action to recover " advanced rent," as
it is called.

The defendant occupied a first floor and a work-
shop, belonging to the plaintiff; for the first he paid
Ss. 6d. per week, and for the second Bs. per week.
For some cause, not explained, the plaintiff rose the
former to 7s. per week, and the latter to 12s. The
defendant refused to pay the increased demand, but
regularly paid the old rent, and the plaintiff now
sought to recover the advance, as she termed it.
The JUDGE said the law was too clear upon the
subject for her to recover. By the 4th of George 11.
the right of a landlord to charge double rent, or an
advanced rent, was confined to cases where the tenant
in possession held for the term of his life, lives, or
years. The Act was not at all applicable to weekly
tenants ; and Lord Ellenborough had gone so far as
to doubt whether it could be applied to tenants hold-
ing for six months. He must direct a nonsuit.

CENTRAL CRIMINAL COURT.

OLD COURT.

Joseph Barley, 32, carman, was indicted for the
wilful murder of Lewis Canstett, otherwise known as
Lewis Lewis, by driving a loaded coal-waggon over
him. The prisoner was charged by the coroner's in-
quisition with the offence of manslaughter arising out
of the same transaction.

Mr. Clarkson prosecuted, and Mr. Ballantine de-
fended the prisoner.
From the statement of the Learned Counsel for the
prosecution, and the testimony of several witnesses, it
appeared that the occurrence which formed the sub-
ject of the inquiry, took place just before nine o'clock
in the morning of the 16th of December, in Night-
ingale-lane, near the St. Katherine's Docks. It ap-
pears to be the custom for a number of labourers
to assemble every morning, before nine o'clock, at
the different warehouses of the dock, to try
to obtain employment, and that they occupy nearly
the whole of the carriageway, their object being
to front the gate when it is opened, and
endeavour to catch the eye of the foreman who
has to engage them, and on the morning in question,
about a hundred and fifty men, among whom was the
deceased, had assembled in front of the F warehouse
gate, waiting to be engaged. The prisoner, who is
in the service of a coal-merchant named Green, was
coming up Nightingale-lane, towards East Smith-
field, driving a loaded waggon drawn by three horses,
and when he came up to the men standing at the F
gate, an altercation took place between them and the
prisoner, on account of his having driven, as they
said, too close to them. The consequence of this
was, that after the waggon had proceeded a short
distance, the prisoner stopped it, and returned to the
men, taking off his coat, and throwing down his whip,
to fight. Immediately upon the prisoner doing this,
he was attacked by several of the labourers, and was
knocked down three times with great violence. He
got up, said he would have no more fighting, put on
his coat, took his whip, and proceeded with his waggon.
At this moment, it seems, there was a call for la-
bourers at the next gate, lettered D, and the whole of
the men who had been waiting at the F gate imme-
diately rushed to answer the call, and before the
waggon had come up, they had again formed them-
selves across the road, as they had done in the first
instance. The prisoner proceeded on with his wag-
gon, and, according to the evidence of one of the
witnesses, he exclaimed that he would do for some of
the - at the next gate, if they did not get out of
the way. He then drove on, and when he came up
to the body of labourers the waggon went through
them, when deceased was knocked down, and the
near fore wheel passed over his head and the hind
wheel over his body, and the result was that he was
killed instantaneously. It was admitted the la-
bourers who were waiting to be employed were in the
constant habit of blocking up the road every morn-
ing, and that there were continual squabbles with the
carmen and others, who had occasion to pass the spot,
and also that the deceased and his companions could
have easily got out of the way of the waggon if they
had chosen to do so. It likewise appeared that the
prisoner was driving at a very slow pace, and that in
order to avoid the crowd of labourers, he must have
driven his waggon completely across to the other side
of the road.
Mr. BALLANTINH, in his address to the jury for the
prisoner, said that it was idle and absurd to charge
him with the offence of wilful murder under such
Circumstances as had been laid before them, and said it
was perfectly clear that the only question was,
whether the prisoner was iailty of manslaughter in
having by culpable negligence caused the death of the
deceased, or whether the whole affair was not the
result of accident. According to his instructions the
prisoner had in the first instance been insulted most
grossly by these men, who had assembled and were
creating a great nuisance, and stopping completely
the traffic of the road, and when he resented the insult
that was put upon him, he was most brutally ill-
treated. Finding that he was used in this way, he
endeavoured to proceed to his business, and he was
again interrupted ; but he submitted that even accord-
ing to the showing of the witnesses for the prosecu-
tion, the unfortunate result that took place was solely
attributed to accident, and that the prisoner ought to
leave the bar without any imputation upon his
character. _ _

Evidence was then adduced, the effect of which
was clearly to establish the statement of the Learned
Counsel. It was shown that the prisoner was driving
steadily, and that when he arrived at the D gate he
was compelled to pass through the crowd, and at the
instant the waggon got opposite the door, it was sud-
denly closed, the effect of which was to force the