The Sun.
London, England, 1849-12-24 00:00:00

COURT OF EXCHEQUER, Dec. 22.

(Sittings at Nisi Prins, at Guildhall, before the LORD
CHIEF BARON and a Common Jury.)
The Court was occupied during the greater portion o:
the day with the case of " Johnson v. Boulcott," which
possessed no feature of interest, the only question !Ring
as to 1611., which it was alleged belonged to a bankrupt
estate. The Learned Judge thought there was no evi-
dence to go to the jury, and accordingly a verdict under
his direction was found for the defendant.

ASPREY V. DELAHAY.

The plaintiff was an attorney and solicitor, carrying
on business at Furnival's Inn, and the defendant was a
gentleman residing in Hertfordshire, and the action was
bl ought to recover 3001. upon a mortgage dated 25th
November, 1842, and interest at the rate of 51. per cent.
The defence was that the deed was for 4001., while, in
reality, the debt was only 3001.; and this being so, it was
contended that the deed was a corrupt bargain and con-
trivance to get more than 51. per cent. interest, and thus
to avoid the operation of the usury law.
The CgIEB BARON, in summing up, said there could
be no doubt that interest above 5 pe? cent. was illegal
where the security was upon land, but the present deed
was free from any defect whatever, and no evidence had
been given of usury, therefore their verdict ought to be
for the plaintiff.
The jury accordingly returned a verdict for the
plaintiff-3001. debt, and 1051. interest.
Mr. Watson appeared for the plaintiff, and Mr. Cham-
bers fur the defendant.

MURDER IN lIARLEY-STREET

MARYLEBONE POLICE COUR P.

COMMITTAL OF THE PRISONER.

Sarah Drake was finally examined on Saturday
before Mr. Long, on the charge of having destroyed
the life of her male child, aged two years ; and in

consequence of its being understood that her final
examination had been appointed for this morning, the
avenues to the court were thronged at an early hour
with a somewhat large concourse of people.
The prisoner having been placed in the dock shortly
before one o'clock,
_ _ _

Mr. Herring, her attorney, addressing the magi-
strate, said that in consequence of what fell from
his Worship at the last examination, on the subject
of his having an opportunity of perusing the letters
to which reference was then made, he had had that
opportunity, and he begged to inform his Worship
that Sergeant Whitcher had paid him every attention
in examining those letters which he considered ne-
cessary or material, as affecting the interests of his
client. He wished also to state, with reference to the
proceedings of the day, that by the advice of the
counsel who had been retained on her behalf, he
would reserve whatever defence she had to urge.

Hr. LONG—Under the circumstances I think that
that course is the proper one. 'What is the amount
of the debt owing to you, Mrs. Johnson P
[lt will be remembered that it was Mrs. Johnson
who had had charge of the child, and her claim was
for the care exercised by her towards it.]
Mrs. Johnson---:The amount is Dl. 7s , your Wor-

ship.
Mr. Herring—Sergeant Whitcher and myself have
looked over the things beler•ging to the prisoner as
well as we could. There are a. great many articles of
various descriptions, but they consist mostly of wear-
ing apparel. Looking at the' value of them, and con-
sidering what they are, as your worship has asked
Mrs. Johnson the amount of her claim, I may as well
state at once that, though not legally bound to Pay her
the money,.l will myself pay her 4/. at my office, upon
the delivery of the property. lam glad to have to
say that Mrs. Johnson has expressed hlr entire ap,
proval of the offer, and I am satisfied that all who have
any feeling in this business will contribute to make
up the balance to her.
Mr. LONG—Mrs. Johnson has acted very properly
in the affair, and I cannot entertain the slightest doubt