The Sun.
London, England, 1849-06-04 00:00:00

ITALY.

It is said that on the 27th ult. the Venetians
evacuated the fort of Malghera, which had been bom-
barded during the whole day. The garrison retired
to Venice, and the Imperialists took possession of the
ruins of the fort.

LAW INTELLIGENCE.
EXCHEQUER CHAMBER, June 2.
COURT OF CRIMINAL APPEAL.

(Before Lord Chief Justice DENMAN, Mr. Baron PARKE,
Mr. Justice PATTESON, Mr. Justice COLTMAN, and
Mr. Justice WILLIAMS.)

QUEEN V. CHAPMAN.

This case was tried before L')rd Chief Justice Den-
man, at Taunton, when the prisoner was found guilty of
perjury.
Mr. PHINN appeared in support of the prisoner's
appeal on several points reserved by the Learned Judge
for the decision of this Court. It appeared that the
prisoner had obtained a marriage license from the sur.
rogate of Bath and Wells upon false representations,
laving stated that it was for himself, whereas it was for
some other person. The grounds for the appeal were first
that the indictment could not be sustained, inasmuch as
he had not made the statement in the form °fan oath ; 2dly,
that if he had, the allegation that the surrogate had
power to grant the license and administer the oath, had
not been proved either in point of law or of fact; and,
idly, that making a false statement before a surrogate
to obtain a marriage license was not punishable as
perjury.
Mr. FITZIIERBERT contended that the conviction was
good.
The COURT were unanimously of opinion that judg-
mc must be for the Crown.
Conviction confirmed accordingly.

COURT OF EXCHEQUER, June 2.
(Sittings in Banco.)
NEW TRIAL PAPEK.
WAKLLY v. HEALEY AND COOKE.
This was an action of libel, in which the plaintiff, who
is the son of the coroner for Middlesex, and attached to
the Royal Free Hospital, Gray's Inn-lane, and practis-
ing in London, sought to recover compensation for cer-
tain libels, published by the defendants in the Medical
Times, of which work they were joint proprietors. The
declaration alleged that the plaintiff was a surgeon and
member of the Royal College of Surgeons, herring the
power under its charter and byelaws to expel its mem-
bers for unprofessional conduct; and it went on to allege,.
that the defendants published of and concerning the
plaintiff certain libels, imputing to him that he had been
guilty of unprofessional conduct in publishing ,
puff-
ing advertisements of his operations at the hospital
the Times, in the shape of advertisements of the con-
tents of the forthcoming number of the Lancet, .
which accounts would be given of the operations in ques-
tion, and their highly successful result." This conduct
the libels alleged to be such as would subject the plain-
tiff to be expelled under the charter and byelaws of the
eullego, which were stated to confer such power of ex-
puliion. The defendants pleaded " not guilty," and
traversed that the plaintiff was member of a college
having such a power of expulsion as was al
leged in the declaration ; and at the close of the case
for the plaintiff, Mr. Henley, who conducted the de
fence in person, submitt* d that on the second plea the
defendants were entitled to a verdict, es there was no
evidence that the College of Surgeons had the alleged
power of expulsion. The Chief Bsron, however, in-
clined to think, with the plaintiff, that the statements in
the litielz themselves might be taken as evidence of the
fact there alleged as against them, and the case having
gone to the jury a verdict was returned for the plaintiff,
with 40s. damages. Afterwards this rule for a new trial
was moved for by Mr. Healey, on the ground that there
ought to have been some other evidence given by the
plaintiff in support of this issue; and now,
Mr. Martin and Mr. Bramwell were heard in opposi-
tion to the rule; Mr. Sergeant Wilkins and Mr. Dears-
ley appeared for Mr. Healey, and Mr. Mills for the de-
fendant Cooke.
The COURT, however, refused to hear the latter gen-
tleman, as, though notice of the rule had been served on
him, his client was, in fact, no party to it. All that the
Court could do was to take from the Learned Gentleman
his assent, on behalf of Mr. Cooke, to the rule being
made absolute for a new trial.
Sir F. PoLnocK, in the course of the case, said that he
thought ho had fallen into an error at the trial in attri-
butiug such weight to the statement in tho libel. His
Lordship thought now that there ought to have been
distinct evidence by the plaintiff of the byelaw and
charter. If there was no such byelaw the libel was not
of so important a character, and the case, in his opinion,
ought to go down again.
The COURT, howeyer, did not at once pronounce any
givenform on al"ini
opinion,
but intimated that judgment would be
Monday next.

INSOLVENT DEBTORS COURT, June 2.
The lion. Adolphus Fre ieriek Capel (brother to Lord
Essex) applied under the Protection Act, and was op-
-4
reeaesnnednstufeopdupre3rBlv;eedr
were
Mr.
ppßeoarsgesliodren.yo.
Dna
appeared
pill:rel.
epr
Ceaadrontoadkos feme:
arn4.needasreaelmdr
gifrteo.ors.ro ds t
wt
Sturgeon
thine
application.
The schedule filed by the insolvent, now 36 years old,
was of considerable dimensions. The debts in the ag-
gregate were 32,1991., of which no consideration was
received for 6,632/., and were railway liabilities, and
4204 were more than occe entered, leaving the bona fide
debts from 1841 25,14.61. There were no debtors, and
only about 401. to be given up to the creditors, number-
ing in the schedule 221. The insolvency was attributed
to the great loss sustained on the sale of furniture at
Theyden House, Epping; to railway liabilities, and to
the failure of the accustomed receipts from friends. He
had been in the receipt of 300/. a year from his brother,
and his wife's fathi r, Lord Maynard, made him a gra-
tuitous allowance of 6001. His income over the period
of his schedule had been 9001. a year.
On the case being opened, an application was made
on the part of the insolvent that it might be adjourned,
and one of the reasons urged was, that as nearly fifty
creditors opposed, and no previous notice had been
given, time should be allowed. The application was not
assented to en the other side, and as many creditors
were in attendance from Epping, the Chief Commissioner
directed the case to proceed, declaring that it must be
heard as a common and ordinary matter. The Court
was crowded at the time. The insolvent underwent a
long examination. It appeared, from his evidence, that
his debts amounted to the sum already stated, to meet
which he had only 40/., arising from the valuation of
sstoompeped a
propterty. lie had incurred his debts in about
seven years, during which time he had derived his al-
ion ante of about 900/. a year, but there was no settle-
ment. The allowances were continued, but could be
any moment. He was married in 1835,
when no settlement was made. In 1842 he
took Theyden House at Epping, where he had
continued till last year. He had expended a
owingiB4, andfor furniture. istaul
or e,.vv a
sHi ea
good deal of money for repairs on the house, and
now owed money on the same account. The furniture,.
plate, &c., had cost him about 10,000/., one half of which
was laid out in furniture. There was 5441. at present
year, as several executions followed. A seizuse under
debt for a dressing-ease,
a bill of sale he had given to a islr. Chard, for 1,8001.,
wm•aasyfi,sreed to leave in. May list
money lent. The bill of sale was given. in February,
1848, and in the interval
he had contracted various debts; among the rot, a
&c., and jewellery, and had not
paid any money to the two particular creditors. On
being asked the reason he hadnot submitted to the ju-
risdiction of the Court whilst he had property, he said
IT wished he had done so. Some of his friends advised
him and some advised him not to do so. The result of
a
the executions was that be was left without prope7ty.
1-10 had omitted to state in his account 5001. he had
borrowed from a money lender, and which had been
rep ,id by the sale at Epping% He had a town
residence in Park-street, for which houso he paid
which 320/ a year, and he
April
yl
t u occupiedne," duringn and
lie
the "season;" and on being asked the time " the
seasons" lasted, he said, from •
let it during the remainder of the year. The property
at Theyden [louse, which had cost about 10,000/., was
sold for 3,815/. 103. 2d., and several executions were
discharged, as well as the debt of 1,800/. Since ho left
Epping ho had used various names for concealment, such
as Cooper, Clifford, Cuthbert, and Ceymour, always
using the letter " C " as his linen was marked with that
initial. He had filed his petition under the Protection
Act, whilst residing at Ebury-street, Pimlico, where he
passed under one of the assumed names.
The case having occupied more than two hours, an
adjournment ins proposed, so as to enable the creditors

to return to the country, and it was stated that, as it was
then three o'clock, it would be impossible to conclude it
in one day. It was arranged that it should be adjourned
to Thursday next, and the insolvent had his protection
renewed until that day.
The case created a good deal of interest.

POLICE INTELLIGENCE.
MARYLEBONE.

Mr. George Brochlehurst, a Quaker, describing himself
ai a cotton-:hreader, residing at Stockport, was brought
before Mr. Long, charged with having defrauded the
London and North-Western Railway Company, under
the circumstances below stated:—

M. Penson, ticket-collector at the Camden station,
deposed that on the previous evening, at seven o'clock,
upon the arrival of a third-class train, he went to the
different carriages to collect the tickets, and on asking
the prisoner for hip, he said that he had none, neither
had he any money. He was further questioned by wit-
ness, when he replied that he had travelled from Stock-
port, and had en idea that he should meet some one in
London who would perhaps be disposed to pay for him.
This story not being at all satisfactory, he was given into
the custody of a guard, and conveyed by him to the
Easton terminus, where he was detained fur a time by
the proper authorities, and ultimately locked up at the
station-house.

Inipector Dalby, of the Railway Police, said that he
left the prisoner on the company's premisf s nearly two
hours in hopes that he would be able to think of some
one to whom he could apply for the sum due from him,
viz., 153. 21d.; he, however, could not name any one who
would be ,likely to get him out of his trouble; he was
searched, and all that he had upon him was an old razor
and a small knife.

Mr. LONG (to the prisoner)—What have you to say to
this ? Prisoner—When I set off I had no intention of
defrauding the company, nor have I now. I thought it
not unlikely that I might on my arrival in town see a
friend upon the ;platform, or, if not, that I might per-
haps find out somebody in the city who would assist me.
Mr. LoNG—What are the names of the persons to
whom you allude ? Prisoner—l can't recollect any of
them.

Mr. LONG gave him to understand that his conduct
was altogether of a most dishonest and reprehensible
nature, and in default of his paying the amount claimed
he was committed for seven days.
WORSHIP-STREET.

A decently dressed man, who gave the name of Henry
Bunn, and appeared about 35 years of age, was charged
before Mr. Arnold with the following determined attempt
at self-destruction.

While the preceding charge was being disposed of, the
prisoner, who was standing in the court and appeared
to be labouring under great mental depression, watched
his opportunity when he thought he was not observed,
and, quietly turning himself round, was seen to put his
hand up to his face. He was directly after noticed to be
in great pain, and upon looking at him it was disco-
vered that he had forced his thumb-nail under one of his
eyeballs, and was endeavouring to gouge it out. He
was immediately seized by one of the officers, and the
completion of the act was prevented, but the prisoner
had so seriously lacerated the eye that the blood
trickled from the wound. He then expressed his deter-
mination to destroy himself, and became so violent that
the gaoler was obliged to force him into the yard, and
place handcuffs upon him before he could be examined.
A person named Radford, stated that while walking
out of the Kingsland-road, about dusk on Thursday
evening, he heard a violent plunge into the Regen‘'s
Canal, and upon looking towards the spot saw a man,
who turned out to be the prisoner, struggling in the
water. It was evident from his desperate exertions that
he could not swim, and, as he was rapidly sinking, wit-
ness jumped in after him, and succeeded at length in
getting a sufficient hold of him to pull him to the bank.
He was then apparently insensible, and was conveyed
to the workhouse, but had suffered so seriously from his
immersion that he could not be brought up to the Court
till now.

The prisorer was questioned by the magistrate with a
view to ascertlin the cause of his committing the act, or
the residence of his relatives, but he declined to give any
account of himself that bore the appearance of truth,
and merely said that he had some friends at lloxton,
without specifying where; this was partially contradicted
by one of the officers, who said that he could not ascer-
tain that the prisoner had relatives anywhere in town,
and Mr. ARNOLD therefore determined upon committing
him to the House of Detention for a week, that further
inquiries might be made respecting him, and at the same
time gave directions that the surgeon:of the gaol might be
requested to examine into the state of his mind.

The prisoner displayed the same morbid feeling up to
the arrival of the prison van, in which he was carried
away with the handcuffs still upon him.

SOEITIIWARK.
Jeremiah Sadler, a powerful-looking man, was placed
at the bar before Mr. Cottingham, charged with attempt-
ing to stub Mr. Dufaine, a gentleman of independent
property residing in the Old Kent-road.
The complainant deposed that a little after seven
o'clock on the previous evening he was proceeding along
the Dover-road towards his residence, when he saw the
prisoner running after some lads with an open knife in
his hands. He suddenly turned round to witness and
exclaimed that he was determined to serve somebody
out, and thurished his knife over his head. Fearing that
some injury would be done to him, he went into a shop
to ret out of his way, and on his emerging from the shop
a quarter of an hour at terwar.ls, the prisoner suddenly
rushed upon him with his open knife, and exclaimed,
" Now I have you, and I'll do for you," at the same time
making a desperate plunge at him. Witness fortunately
warded utr the blow, and, a policeman coming up at the
time, he was secured, and the knife wrested from his
grasp.

Police constable 142 P said that he received informa-
tion while on his beat that a man was threatening to
murder some people in the Dover-road, and on proceed-
ing to the spot he saw the prisoner rushing upon the
complainant with an open knife in his hand. lie in.
stantly seized hold of him, and, after considerable diffi-
culty wrested the instrument from his grasp. When he
took him to the station-house, he told him he was only
picking his nails, and did not intend to do the prosecutor
any injury.

In answer to the magistrate, Mr. Dufaine said that
the prisoner was a perfect stranger to him, and he had
never seen him before. He made such a desperate
plunge at him that, had he not turned round, he must
have murdered him.

The knife, a long sharp Spanish one, was here pro-
duced by the constable.
In answer to the magistrate, the prisoner replied that
he was much intoxicated at the time, and being annoyed
by some boys, he ran after them with his knife to frighten
them. He denied any intention to injure the complain-
ant. Ile was a native of Norwich, and had only a few
days ago come up to London in search of employment,
and was at the time going to see a friend in the Kent-
road, when a number of lads annoyed him.
Seargeant Charmer, 24 M, informed the magistrate
that the prisoner was so violent, and ran in such a threa-
tening attitude along the street, that the whole of the
passengers were placed in a state of consternation. Ho
tiouriihed the knife over his head, and swore he would
murder the first person who came near him.
Mr. COTTINGEIAM said he was a very desperate cha-
racter, and it was fortunate for him ho did not commit
murder. He should order inquiries to be made about
him, and in the mean time consign him to prison for a
week, when he should deal with him according to law.
William Mills, a costertnonger, was charged with
breaking the upper jaw of a 'lad named Patrick Fuery,
and kicking him in a severe manner.
The lad was called into the witness-box, but owing to
the gross injuries he had received he was unable to arti-
culate. A surgeon's certificate from Gay's Hospital was
handed to the magistrate, proving that the lad was se-
verely injured with a fractured jaw.
George Daniels, a lad, stated, that ho was with com-
plainant, and saw kim go to the defendant's truck in
Kent-street, and drag it some distance. The defendant
then came up and struck the complainant, and, on the
latter running away, he received the kick on the jaw
which completely stunned him. The defendant was in
a great passion, and exhibited great violence.
The prisoner said he was a respectable man, and he
was extremely sorry for what had occurred. The fact
was, the boys were in the habit of making game of him,
and on seeing the complainant run away with his truck
he followed him, and struck him, and on his being saucy
he kicked him, but not with the intention of hurting him.
Mr. COTTINGIIAM said that the certificate from Guy's
Hospital showed that the lad was in great danger, and no
bad conduct on his part would warrant the defendant in
acting in such a savage manner. He should, therefore,
order him to be remanded until Monday next for the at-
tendance of the surgeon.

FROM THE LONDON GAZETTE
OF FRIDAY:
DIVIDENDS.
At the Court, Basinghall-street.
J. Burnham, Edgeware-road, iiilkmercer, June 22, at
one—S. Bennett, High-gireet, Islington, draper and lace-
man, June 22, at half-past one—B. E. Walker, Upper
Fitzroy-street, Fitzroy-square, publican, June 25, at half-
past eleven—A Haig, Smith-street, Jubilee-place, Step-
ney, and Essex-street, Cambridge-road, Mile end, engi-
neer, June 23, at eleven—H. Williams, Park-place, Ken-
nington-cross, ironmonger and smith, June 22, at eleven
—J. Scruby, Roxton, Bedfordshire, farmer and butcher,
June 23, at twelve—J. Goble and G. Goble, Kentish-
buildings, Southwark, hop factors, June 23, at twelve—
11. Lark, and J. Woodhead, Essex street, Strand, navy
agents, June 29, at eleven—J. Laby, Barking, Essex,
coal and provision merchant, June 22, at twelve.

In the Country.
J. Stevens, jun., Coalbourubrook, Staffordshire, glass
manufacturer, July 10, at ten, at the Court Birmingham
—W. Bsldock, Nottingham, grocer and flour dealer, June
29, at ten, at the Court, Nottingham— W. C. Warden,
Birmingham, corn agent and corn dealer, June 28, at
twelve, at the Court, Birmingham—C. M. Adams and C.
Warren, Shrewsbury and Market Drayton, Shropshire,
bankers, July 14, at twelve, at the Court, Birmingham—
J. A. Beaver, Manchester, cotton spinner and manufac-
turt.r, June 22, at twelve, at the Court, Manchester—J.
W. Burton, G. Cotman, and W. Smith, Manchester and
Leeds, manufacturers, June 23, at twelve at the Court,
Manchester—l. Williams, Merthyr Tydvil, Glamorgan-
shire, groc. r, July 2, at eleven, at the Court, Bristol—
F. King, Northallerton, Yorkshire, innkeeper, June 22,
at eleven, at the Court, Leeds—J. Walker and W. Wal-
ker, Birkenhead and Stourton, Cheshire, joiners and
quarrymen, Juno 22, at eleven, at the Court, Liverpool
—J. Blackburn, Liverpool, tailor and draper, June 26, at
twelve, at the Court, Liverpool—W. Potter, Birhenhead
and Liverpool, merchant, June 27, at eleven, at the
Court, Liverpool—J. J. Fercns, Durham, draper, July 2,
at half•past ten, at the Court, Newcastle-upon-Tyne—
W. Ward, and J. Ward, Leadgate and Iveston, Durham,
grocers, July 2, at twelve, at the Court, Newcastle-upon-
ltowcastle, Gateshead, Durham, copperas
maker, July 2, at eleven, at the Court, Newcastle-upon-
Tyne.