The Sun.
London, England, 1849-05-25 00:00:00

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, May
(Sittings in Banco.)
QUEEN V. NEWTON.

The ATTORNEY-GWeriAL appeared to show cause
against a rub which bad been obtained by Mr. Huddle-
stone to show cause why a writ of habeas cor-
pus should not issue to bring up and dis-
charge a woman of the name of Newton,
who was in custody on a charge of murder. She was
tried at Shrewsbury before Mr. Justice Coltman.
The trial lasted two days, the jury were locked
up for the whole night, and on coming into court
the next morning stated it was impossible they
could agree as they were equally divided; and as
Mr. Justice Coltman was obliged to proceed on his cir-
cuit, the other judge having gone on, he discharged the
jury and remanded the woman. The Attorney-General
cited several authorities to show that in particular cases
the Court had the power to exercise its discretion, and
with the consent of both parties discharge the jury,
contrary to the general tradition that after a jury was
once charged, it was obliged to give its verdict. He,
therefore, submitted that :the Learned
.Judge acted pro-
perly, and that the rule must be discharged.
Mr. HIIDDLESTOWE followed in support of the rule,
and contended, on the strength of several authorities,
that when the judge discharged the jury he
should have also discharged the accused. A
jury in a criminal case could not be discharged
without coming to a result. He denied that a judge had
any discreticta as to what was a reasonable time for a
jury to be locked up, except absolute necessity. Neither
was the termination of the session a sufficient reason for
his discharging the jury and so closing the assize.
Lord DENSIAN apprehended that the discharge of the
jury under the circumstances detailed did not amount to a
right of the prisoner to be discharged. lie acted on the
impression that the commitment is still in full force, and
ought to con.Vnue in full force.
The other Judges were of the same opinion.
Rale discharged.

COUR7 OF EXCHEQUER, May 24.
(Sittings in Banco )
WHITTAKER V. HEAD.

This action was tried before the Lord Chief Baron, at
the last sittings after term at Westminster, when a ver-
Act was found for the defendant. It was brought
against a house-agent for not using due and correct dili-
gence in inquiring into the respectability of a person
named Gillies, to whom he had let a house belonging to
the plaintiff in the New-road. Gillies did not pay a
farthing of rent, and ultimately took the benefit of the
Insolvent Act. There was no question about the de-
fendant Having undertaken the duty to let the house.
Mr. KNowLEs now moved to set aside the verdict on
the ec,round of surprise at the trial as to the evidence of
the defendant, and also upon affidavits showing that
his statement that he had made proper inquiries into
the character of the defendant was altogether an in-
vention.

The COURT, however, thought there was not suffi-
cient reason alleged to justify their assent to the motion.

BAIL COURT, May 24.
(Before Mr. Justice WIGHTMAN.)
Mr. H. HILL applied for a rule nisi, calling upon an
attorney of this court, whose name was not mentioned,
to show cause why he should not refund 142/. which he
bad received under the following circumstances. Some
time ago a large sum of money was placed in the hands
of a Mr. Morgan, a stock-broker, to be advanced as loans
upon the security of railway debentures. Mr. Morgan
retained the attorney in question to procure or borrow,
upon the tuaderstanding that the expenses were to be paid
by the bon-cower, and he was to get as much commis-
sioi as he could which was to be paid to Mr. Morgan,
less 2.51., the charge agreed upon for preparing the neces-
sary securities. The money having been duly advanced
to the borrower, and the securities executed, the attorney
waited upon Mr. Morgan and informed him that he had
only obtained 21 per cent. as commission which in the
whole amounted to 142/., and that sum he paid over,
previously deducting the 25/. It had since, however,
been ascertained that 5 per cent. was paid as commission,
and the present application was to make the attorney re-
fund the 1421. whiCh he had appropriated to his owu use
in violation of his previous agreement.
Mr. Justice WIGHTMAN thought the case was not of
that character whic'a would justify the summary inter-
ference of the Court. The matter was rather one which
ought to be dealt with by an action at law.
Applicartion accordingly refused.

SHERIFFS' COURT, May 24.
(Before Mr. Under-Sher:ff. BG.R.CHELL.)

T-TE DErTCH DWARF.—THOHPSON L. HANNEMi.—
TiflTvas an inquiry to assess damages under the.follow-
ing curious circuiinstances:—
Mr. CoiRIE said that the plaintiff was a literary gen-
tleman, and connected with the public press. The jury
had of course heard a great deal of the celebrated dwarf
General tom Thumb, and of the large sum of money
rained by his exhibition. This led no doubt to the de-
lendant, who was a Dutchman, to bring bis son over and

exhibit him, as he hisd an advantage of the other little
gentleman, being a year older, and half a❑ inch shorter.
Defendant could not speak English, and made an agree-

went with the plaintiff, who was to find the dresses, 84c.,
and to have half the clear profits for three years. As a
proof of the success of the defendant, his son was intro-
duced to her Majesty, Prince Albert, and the Royal
Family and nobility, and he also went out to parties at
5L each. Ho had dressed in character as Admiral Van
Tromp, and also as an English barrister, but how he
went through the last character he (the learned
Counsel) did not know.—(Laughter.) He (the dwarf )
was also pat into a pie.—(llenewed laughter.) The
plaintiff had also prepared a memoir, which was sold to
visitors at 61 eaTh; hut, defendant suddenly refused to
ratify the agreement, and went into partnership with
another person. Plaintiff had off.red to take 3001.
Evidence was adduced to show that great numbers of
persons bad visited the dwarf, who received 51. for going
out to an evening party.
A young gentleman named Mahon was called, and said
that he had gone three times. He had seen the young
gentleman the Alimiral.
The UNDER SHERIFF said that the witness had not
seen the Admiral, but he might say what sort of an
English Barrister the young gentleman made.
The witness said that ha did not make a very good
speech.—(Laughter.)
The jury, after a short consultation, gave a verdict for
2001.

FRANCE.
The National says : —" The most earnest represen-
tations are being made to the Cabinet of Turin to
induce it to enter into a treaty of alliance with
Austria. The Piedmontese Government hesitates,
and as yet no conclusion has been come to, although
the Austrian Plenipotentiaries daily reduce their

pretensions as to the amount of the war indemnity;
but this resistance cannot continue, and it is urgent
_ that a prompt determination should be come to in
France."
The following extract from the Peuple will give
nitreaders some idea of the effect produced on the
minds of the French people by the publication of the
Brunswick-like manifesto of the Emperor of Russia.
This journal says—
" liurrah! The Cossacks are coming! The prefects
of Cap. Czar, about to ba ariven away by their people,
have implored the support of their sovereign; and the
Czar places his formidable hordes in movement. The
• Emperor of Austria, the generalissimo of the as-
sassins of Italy, Hungary, Gallicia, opens to the
Cassacks the route of the Alps. The King of
Prusia, the chief of the German Princes confede-
rate I against the country, opens to the Cossacks the
route to tha Rhine. The Cossacks are coming ! They
are traversing the Danube and the Vistula ! The Haps-
burg introduces them to Vienna ; the Hohenzollern de-
livers Pusen to them. Revolutionists of 1789. the Cos-
sacks bring back noble and clerical feudality I Revolu-
tionists of 1793, the Cossacks bring back to you
hereditary monarchy ! Revolutionists of 1848, the
Cossack are coming to consolidate the capitalist privilege!
Patriots of all parties, the Cossacks are coming to dis-
member France, and cause it to be put to ransom by
pretender!, nobles, bankers and Jesuits! Revolutionists
of all periods, patriots of all parties, the Revolution is
menaced! the country is in danger! Republicans,
the time has come in which the sword of
France should be drawn from the scabbard to
deliver Poland and Italyl The time has come at
which our flag should be united to those of Hungary and
democratic Germany! "To the defiance of the Czar,
arms alone ought to reply! The lot is cast! God is
with us for equality against feudality—for civilization
against barbarism! The Cossacks are coming! Be it so!
We shall know how to dig them a vast tomb in the bed
of the Rhine! Let them come! France will break the
sword of war in the breast of the last of Kings! !"