The Sun.
London, England, 1836-05-06 00:00:00

KING'S BENCH.-' rHURSDAY,

XCHEQUER COURT-THURSDAY.

SCUDAMO7RE V. HUNT AND OTHERS.
This was an action for breach of contract brought by the
plaintiff, a merchant, in Birmingham, against the defen-
dants, merchants, i'a Bristol. The declaration stated that
the plaintiff had b.irgained and contracted to buy from the
defendants five hogsheads of seal oil, and the breach alleged
'vas, that the plaintiff was ready and willing, yet defen-
dants failed, and refused to perform the bargain, and deli-
ver up the oil. The defendant pleaded that there was no
such contract, and also that there was no memorandum or
note in writirg, according to the Statute. The cause came
on to be tried at the last Summer Assizes at Warwick, be-
fore Lord Abinger, when the plaintiff obtained a verdict
for twenty pounds.
Mr. Sergeant GOULBURN, on a former day, obtained a
Rule to set aside this verdict, and enter a nonsuit.
Mr. Sergeant ADAMS this day showed cause against
the Rule.
The Rule for a nonsuit was made absolute,

COURT OF FACULTIES.

THE PRINCE OF CAPUA AGAINST COUNT DE LUDOLF.
In this case, in which an application for a license of mar-
riage, according to t 1.40 form of the Church of England,
between Carlo Ferdimando Borbone, Prince of Capuu,
brother of the re;Aning King of the Two Sicilies, and
Miss Penelope Srayth, spinster, of the age of 21 and up-
'l"s Sicilian Ward; Was opposed by a caveat entered on the part of
Mrhjesty, by Count de Ludolf, the Neapolitan
-Minister, and in which the Court deferred its decision
until to-day.
The MASTER of the FACULTIES (Dr. Nicholl) now
stated that having examined the records in the registry,
be had come to the conclusion that the Court did possess
tbile discretion of refusing a license, although there might
110 impediment to the marriage. Having then that
,hdiscretion, under the circumstances of the present case,
e representative of a foreign Sovereign having come
2-.40 Court, and statca serious objections to the applica-
"n, be felt bound to exercise the discretion he possessed
in refusing the grant of the licence, and he therefore
decreed 'a ccurti:in gly.
IN

SOLVENT COURT-THURSDAY.

" 'ME MATTER OF THE PETITION OF NATHAN VAN
GELDER.
finis case excited considerable interest from the connec-
.4°ll of the parties and the nature of their transactions
t,, road. The insolvent, a dealer in the Foreign Funds,
-AL oPposed by
h C. JONES, on behalf of John Conit. Valentine Schon-
,gil, M.D., first physician to his Majesty the Kin; of
oilutd, and by Baron Boetsaelaaer, and John Schrender,
'4tietnan, at the instance of the Consul of the Netherlands.
ortr• COOKE and Mr. WOODROFFE supported the prayer
w"_the insolvent's petition. His debts amounted to 76,000/.
1 ilst his assets were nil. He attributed his insolvency to
osses in the Foreign Funds, and the ground of opposition
.to
hi 4 discharge was, that at the time l> obtained credit of
o,4Posing creditor (Dr. Schonburg) he had not the pro-
Lie means of re-payment.
The insolvent underwent a long.and severe examination,
bY which it appeared that he was indebted to Dr. Schon-
b46 in the sum of 10,000 florins, which he borrowed on
the 10th of August last, and left the Hague on the follow-
day, the
.20th, in consequence of being under engage-
lnts that he corld not meet, and ashamed of the disgrace
fa,ere, of ; and on the 31st he arrived in England, leaving his
1v411.,' r
Y behind him with 100/. in their possession, who after-
kiloed him. When be left the Hague he had 2141.,
44°1% at the time of signing his schedule, was reduced to
„ The insolvent, from time to time, had very extensive
thiautts in the' Foreign Funds, in which he constantly spe-
‘..,pnted. He had been assisted by Dr. Schonburgh to a
1043' considerable amount, who took a premium for the
hat
''4s advanced to the insolvent, who was generally unfortu-
e.,in such transactions. The 10,000 florins he had ap-
N,Trt° Meet a bill due at Amsterdam.
1)
11) • JONES said that when the insolvent borrowed the
lai, 00 forms, he had no probable means of returning the
z\t` and be therefore prayed a judgment of the Court.
'41(1 C"KE, in reply, observed, that the opposing creditor
vetlt insolvent were both stockjobbers, and that thensol.•
i,t,d cad been a great sufferer by speculations in the iFunds
'Phe I, Cortes Bonds alone had lost a large sum of money.
1,44-10etor knew liow the money was to be applied.
feaefle, COURT decided the insolvent to be entitled to the
1164! the Act, and ordered him to be discharged

LEY V. LI
.wsoN.
Lord DENMAN, at the sitt: ng of the Court, stated the
decision of their Lordship with regard to this case. This
'was an action of libel bro-ae at against the defendant for the
T 0
Publication of a libel in. a' a advertisement in a newspaper.
this action there -.vas a plea justifying the publication.
As all the facts were
full y pleaded in the justification, and
the truth of them was pr oved, their Lordships thought that
'bat the defendar.c was • entitled to retain the verdict which
the jury had given in b is favour.-.—Rule for a new trial re-
fused.

THE *ACING V. THE LORDS OF THE ADMIRALTY.
Sir w FOLLETT umved for a rule for a mandanzu sto the
der
-enttrAnts to direct tEem to pay to Mr. Pcrring certain
Bunls of money which, he claimed on account of the benefit
de:iived by the public from the use of an improved anchor
his invention. M.r. Perrirg was the inventor of this im-
Proved anchor, and ;,ri the g..ant of the patent was a clause
that he should be bound to supply to the Admiralty anchors
'of his own construction, :and should supply the same at the
price which the Lords of the Admiralty might deem proper.
The anchors were suppli ed, but the Lords of the Admiralty
now refused to pay Mr. Pcrring any compensation, on the
ground that he having_ been a clerk in the Dock-yard of
Plymouth, now enjoyed a pension as such, and was not to
11)e considered as entitled to receive from the public additional
remuneration for his invention.
The COURT thought that on the statement now made
the claim of the applicant was a mere matter of private
Contract, and was no t the proper object of an application
for a mandamus.—F.ule refuse.

TILE KING V. DUNCOMBE.
The defendant.ira this case had been indicted for publish-
ing obscene bricks, and had. been convicted without making
any defence, 'he alleging that he had been taken by surprise.
He had berm on a former occasion brought up for judg-
ment, wb en he filed some affidavits which the prosecutors
(the members of the Society for the Suppression of Vice)
required time to answer. Time was given them, and in
their affidavits now produced they made charges which the
defendant in his turn required time to answer.
The COURT granted his application.
THE .KING V. STANSITELD.
The ATTORNEY-GENERAL showed cause against a rule
for a criminal information against the defendant, the return-
ing officer of the borough of Macclesfield, for alleged im-
proper conduct in 'the discharge of his duty as such re-
turning officer, in tie elerAion of the assessors for the
borough under the provisions of the Municipal Reform
.Aet. Affidavits of the defendant were read, explaining
at length the details of the matter in which the misconduct
'was imputed. He was charged with taking votes off the
ale, and his answer was that these votes were bad votes,
having been tendereA after the hour for closing the poll.
Sir W. FOLLETT attempted to support the rule.
The COURT said that the rule must be discharged, but
nithout costs..

tin wai subsequently discovered to have been stolen from
another silk-mercer, named Tinkler. Mr. King also said
that the prisoners spoke English, when they came into his
shop.

All the rrisoners, from the eommtneement, have declared
that they are unable to speak English ; consequently, it has
been found necessary to state the proceedings against them
in French.

The next case was from the house of Masrs. Tunley and
Ball, wLolesale glovers and mercers, No. 32, Wood-street,
Ch.tapside.
Philip Powell, warehouseman in the employ of the firm,
said the female Lemaire, and another female, came to the
warehouse, on the 20th of April, to buy, as they said, some
silk handkerchiefs to send to France. They were a long
time fixing on a piece of half-a-dozen ; and before they (lid
so finally, upwards of 200 pieces were shown to them.
While they were in the warehouse, a quantity of pieces of
handkerchiefs were laid out on a counter by themselves to
be sent to the dressers. One of the females went up to
them and looked over them. After they had left the ware-
house, one dozen and a half were missed from the parcel ;
the Frenchwoman spoke English so as to be understood. A
piece of undressed handkerchief found at the house of the
prisoners, witness was certain was one of the pieces taken
from the parcel on the counter.
The Solicitor for the prosecution having intimated that
other cases were likely to be preferred against the prisoners,
but further time was required to prepare the evidence,
Mr. DyEa said he should fully commit on the two cases
above stated, and order the prisoners to be brought up again
next Tuesday at twelve o'clock.

MARY LEB ONE.
Yesterday Mrs. *Sophia Ayliffe, a lively, spirited little
woman, residing at No. 21, Carburton-street, Fitzroy-
square, who described herself as a coach-trimmer, was
charged with having unlawfully, and against the peace of
our Sovereign Lord the King, practised her handycraft
trade of " trimming" upon one Daniel Cooke, a journey-
man pianoforte maker, in the employ of Mr. Detmur, of
Clipstone-street, in the above neighbourhood.
It appeared, from the story of the complainant (who is a
tall thin young man), that on Tuesday last the defendant
having called at his master's shop, he went out into the
street to speak to her. No sooner was he within her reach
than she called out, in an alarmingly loud voice, " Oh,
you're the young gentleman I'm particularly anxious to
see ; how dare you, Sir, pay your distresses' to my dart-
ter without axing my leaf." She then drew from
under her cloak a bamboo cane of most formidable di-
mensions, which she laid across his shoulders with such
masculine vigour that he was soon painfully convinced of
her proficiency as a trimmer, and accordingly sued for
mercy, which was granted, upon the condition that he should
accompany her forthwith to her husband, who was waiting
close at hand, and had also an account to settle with him.
He went with her somewhat reluctantly, until they came
up with Mr. Ayliffe, and while he was talking over the mat-
ter with him, the defendant again brought her cane into re-
quisition, applying it to his shoulders in the same trimming
and off-hand style as before, and had not a friend of his
come up at the time, who disarmed the defendant, there
would not have been a whole bone left in his skin.
Thomas Dobinson, the friend alluded to, stated that,
being attracted by the cries of the complainant, he has-
tened to the spot, and saw the defendant beating him with
a thick cane, in a most unmerciful manner. With some
difficulty he got the stick from her (here produced), and
put an end to the affray. The lady, he said, appeared
very hot indeed, and laid on with all her might. The
witness here gave the Bench a specimen of the lady's per-
formance, as a " trimmer," in doing which he was within
an ace of demolishing the office lamp with the butt end of
the weapon.
The defendant, in justification of her conduct, said that
the complainant having courted her daughter, who is only
sixteen years old, in a clandestine manner, she wished him
to see her husband, upon the subject ; this he refused to do,
until she gave him a few smart wipes with the cane, which
had the desired effect, as he instantly cried out " Yes,
Ma'am, yes, Ma'am—l'll go directly," and accordingly went
to meet her husband, but when they were talking together,
as he did not appear sufficiently humbled, sho thought it
advisable to bestow a few extra stripes.
Mr. SIIUTT informed her that she was fined 20s. for
the assault.

The defendant on hearing this, flew into a mighty rage,
and rushing forward grasped the cane which had been
used with such effect, no doubt with the view of bestowing
a few more stripes on the unfortunate lover's back, when
Collard, an officer belonging to the establishment, stepped
forward and took possession of the weapon, and thus pre-
vented any further mischief ; and Mrs. Ayliffe, owing to
the impetuosity of her temper, was ultimately ordered to
find bail to keep the peace.