The Sun.
London, England, 1849-12-06 00:00:00

LAW INTELLIGENCE.

CHANCERY.-(THIS DAY.)
ELDISHIRST V. SPENCER.
This case stood on the paper to-day for the reply.
It came hefore his Lordship yesterday upon an appeal
motion, from an order of the Vice-Chancellor of
England, granting an injunction restraining the defend-
ants, proprietors of a bleaching•mill, from continuing to
pollute, according to the allegation of the plaintiff, cer-
tain brooks running from a reservoir through the
plaintiff's land near Kendal, in Westmoreland.
The LORD CHANCELLOR, on taking his seat this morn-
ing, gave judgment at considerable length, directing the
order of the Vice• Chancellor to be discharged, thereby
dissolving the injunction, and giving the plaintiff
liberty to bring an action at the next York assizes to try
the question of nuisance or drainage.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CIIANCELLOR Of ENGLAND.)
MATTHEWS V. THE RAM. OF CARLISLE.
The further arguments in this part-heard motion for
the distoluti, n of au injunction occupied the Court the
whole morning.
(Before the Vice-Chancellor WIGRAM.)
His 110NOUR, after disposing of the case of Evans v.
Protheroe, proceeded to hear the further arguments in
the part•heard cause of Griffiths v. Lunnell, which
occupied the remainder of the morning.

COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco.)
FISH V. XEMPTON.
Mr. O'MALLEY said in this case he had to show
cause against a rule obtained by Mr. Lush to review
the taxation of the Master; and he should submit this
was not a question which their Lordships would en-
tertain at all. He did not find that Mr. Lush, either
in his affidavit or in his statement to the Court, in-
sisted at all that the Master had acted on any errone-
ous principle in the taxation of the costs in question.
The only matter of which Mr. Lush complained was that
the Master, adopting right principles, had applied
them erroneously to several of the witnesses brought
forward on the trial. The only way of ascertaining
that would be for the Court to go through the evi-
dence of Every witness called upon the trial, and in
fact regularly to tax the plaintiff's costs from the
beginning to the end so far as those witnesses were
concerned.

Mr. Justice MAATLE said the Master who had taxed
the costs had reported to the Court that the witnesses
were applicable to both counts in the declaration, and
therefore those witnesses ought to be allowed to the
plaintiff, who succeeded, and disallowed to the de•
fendant.

Mr. Lunt said, if the witnesses were applicable to
the count on which the plaintiff succeeded, he could
not contend that the Master's taxation was not right.
He could, however, satisfy the Court that several of
the witnesses called for the plaintiff had nothing to do
with the first count.

Mr. Justice MAIILE said, the Court could not as-
sume the office of taxing-master. They could not
make this rule absolute without involving themselves
in a mass of business in detail, which they were not
30 competent to perform as those who performed it
ordinarily, and they would withdraw themselves from
that which was snore properly the business of the
Court.
Rule refused.

EXCHEQUER.—(THIS DAY.)
(Sittings at Nisi Priuc, at Westminster, before the
LORD CHIEF BARON and a Special Jury.)
WOOD V. HUTTON AND ANOTHER.

The trial of this case was resumed this morning.
Sir Wm. Winniett, the Governor of the Gold Coast
of Africa, deposed on the part of the plaintiff, that the
climate of that country is extremely unhealthy in its
character to some constitutions, and that in many
cases it had been found to affect the brain to such n
degree as to produce insanity.
This concluded the case of the plaintiff.
Mr. MARTIN then addressed the jury for the de-
fendants. He described his clients to be a firm of the
highest respectability, and one of the oldest in the
city of London. '1 hose gentlemen were most de-
sirous that all the transactions with the late IV/T.
Newman involved in this case should be
thoroughly sifted and investigated; and al-
though, had he acted alone on his own
feelings and opinions, he should not have
deemed it necessary to call a single witness, because
he thought that nearly every one of the plaintiff's
witnesses had broken down in their attempts to
establish her case, still, as his clients were anxious
that the whole matter should be thoroughly
examined,
he felt himself bound to call several witnesses, some
of whom would be found to have been present at every
interview which had taken place with Newman. Up to
the 19th of January, 1838, the defendants had not had
the least cause to doubt the honesty or the accuracy
of their servant, but on that day a circumstance had
come to their knowledge which confirmed their first
suspicions as to the propriety of his transactions with
them. The Learned Counsel referred cursorily
to the earlier voyages made by Newman
and proceeded to say, that in October, 1837,
Newman was desirous to have 1501, but the defen-
dants submitted they must have the books and lc'
counts of the previous voyage, in order to enable
them to complete their arrangement. On the sth
December the defendants receive d another letter from
Mr. Walton, the attorney of Newman, in which that
gentleman stated that the latter had been with On
to request that he would undertake the arrangement
of their account before he proceeded on his nat
voyage, and requesting also that they would give,
the mutter their early consideration. It would
seem that between the sth and the 12th
of that month an interview had taken Piece
before Mr. Walton with the defendants, for on this
last day they received another letter from him,
stating that Newman had informed him that he had
not delivered to them his accounts of the last voyages
and, consequently, he now forwarded them, in the
hope that the defendants would give them their
earliest attention. On looking over those accounts so
sent to them, the defendants found that there'
were two or three books wanting; and, accord-
ingly, they wrote to Newman, stating that fact, and
requesting that he would forward the piece-book
and the invoice book, which were necessary to enable
them to complete the examination of the accounts'
Again, on the 21st of that month Mr. Walton wrote,
asking for the completion of the settlement of the
accounts. To this the defendants replied that the!
could not proceed with the matter until the two books
abovementioned had been produced. Mr. Walton
wrote again on the 30th of the month, stating that
the invoice book could not be given by Newman, ill'
asmuch as he would require it to check the accounts
himself, and that he did not think there
was any necessity that they should have that book,
adding, at the same time, that the book should be
open to their inspection if they thought it requisite.
He (Mr. Martin) submitted that all the books con-
nected with the voyage were the property of the
defendants, and that, therefore, they were entitled to
its possession The defendants, finding that the book
would not be given up, placed the matter in the
hands of their attorney, Mr. Jones, and on the lath
of January afterwards, that gentleman wrote the
following letter to 'Walton :
"20, King's Arms-yard, Coleman-street,
13, January, 14348.
" Sir,—Messrs. Hutton and Sons, of Watling'
street, have consulted me on the subject of their
transactions in the way of business with Mr. Jell!
Newman, and particularly in reference to the last
voyage which
Mr. Newman made on their account
and they have put into my hands those accounts e',
such latter voyage, which have been furnished to
them by Mr. Newman ; and they have likewise give"
me a copy of the correspondence which they have
had with him, and likewise of that had with
yourself on the subject. You are perhaps
not aware that the engagement between the
parties preparatory to Mr. Newman's sailing on :his,
last voyage was, that he should remit the proceeds of
his sales to this country. Now, according to hal
own admission, in the books, and better evidence Can-
not be had, he withdeld, on the 28th August, 1836,
22 doubloons, 131 ;dollars, and on :the 15th Jul/i,
1837, 66, doubloons more, which he sold on the Gold
Coast. The value of that portion Messrs. Hutton
require payment of forthwith. There is also a large
quantity of gunpowder remaining unaccounted, which
Mr. Newman states is in the hands of Mr. Thous°
Hutton at Cape Coast. It may be so or it may not;
at any rate Mr. Newman hands ever no receipt from
Mr. Thomas Hutton for the same, and if the powder
in question be really there, it is not with the sattet'°n
.`"
of Messrs. Hutton, and it cannot therefore be co-
dared at their risk. Very large sales appear to hs:
been made to the resident merchants, I don't mean 1:
the natives, of part of the cargo with which she we',
entrusted. It is quite usual for persons so entrustec!
as Mr. Newman was, to furnish in their accoundt
sales to such persons, their names an
residences. In this respect the account 11311:i.
be perfected, arid they have reason to 'de
lieve that some of the sales which were made
are altogether omitted, or at least very erroneons,
.1!
entered, and for less than they produced. Age,lfi
very large charges are made for ship's expenses,
not a single name of a person with whom such deb
o
were incurred has been furnished, much less recell.34
by these parties for the amounts so paid to them, to
for aught Messrs. Hutton know, the account
may still remain undischarged. The "
book" which Messrs. Hutton, on Mr. Newen!"h
setting sail, furnished him ss ith, in soeo
ought to have been entered the e"'
of the different commodities with which be Wee in-
trusted,_r
under the separate head of each particular
article, has not been returned, so that it is out of
power of Messrs. Hutton, without at least na irnro
sity of trouble, and perhaps not then, to ascertains.rule
the books w hich have been furnished that the .141 f,
cargo has been sold, a hich, according to Mr. ,h
rapes account; is repregentod to be the filc/