The Sun.
London, England, 1849-01-12 00:00:00

BAIL COURT.-(THIS DAY.)

IN RE SCOTT.
Mr. ROBINSON moved the Court to enlarge a rule nisi,
calling• upon Montague Douglas Scott, au attorney of
ihe court, to show cause why he should not be struck off
the rolls. Mr. Scott had been convicted of felony at the
Old Bailey, and is now undergoing imprisonment in
Cold Bath-field,;. It was a rule established by the
authorities of that prison, that no process should be
served on any prisoner while in their custody, and the
present motion was for an enlargement of the mice till
after the liberation of Mr. Scott.—Application granted.

COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco.)
CATLIN V. DIAMOND STEAM-PACKET COMPANY.
This action was tried betore Mr. Justice Cresswell in
the course of last term, when a verdict was found for
the plaintiff—damages 9001.
Mr. MONTAGU CHAMBERS HOW applied for a rule nisi
for a new trial, on the ground of misdirection nod ex-
cessive damages. The action was brought to recover
compensation in damages for the loss of the plaintiff's
let, in consequence of an accident which happened to
him whilst a passenger in the Sons of the Thames
steam-boat, which was at the time running between
London and Gravesend. The facts of the case were
these :—The Sons of the Thames left London. bridge
for Gravesend at nine o'clock in the morning ; another
boat called the Sapphire, belonging to the defendants,
started at ten o'clock for the same destination, and
overtcok the other at Northfleet. It was proved
at the trial that the regular course of navigation at
this point and at that state of the tide was to
steer directly across to Northfleet. But in consequence
of a mariceuvre on the part of the Sons of the Thames
to reach Rosherville pier first, the Sapphire was obliged
to keep the Essex shore, by which the speed of both
was made equal. In trying thus to reach the pier the
boats came into collision, and the anchor of the Sons of
the Thames, which was in the bow of the boat, was
suddenly thrown upon the plaintiff, and the result was
the accident for which he sought compensation. The
Learned Counsel stated that the anchor had been im-
properly stowed away, and that there was negligence and
want of ordinary eare on the part of the crew of the Sons
of the Thames, and contended that evidence of these facts
ought to have been taken into consideration in the summing
up of the Learned Judge who tried the case. He also
contended that the proprietors of the boat in which the
accident happened were the responsible parties they,
like a coach proprietor, having made a contract to carry
the plaintiff, and thus made themselves liable for
his safety.

Mr. Justice CRESWELL said the whole of the facts
were laid 1)f-fore the jury, and he was not dissatisfied with
their verdict. Indeed had it been the other way he
shoukl nut have been satisfied. The whole matter was
purely one for the decision of the jury.
The CHIEF JUSTICE grunted a rule, on the ground of
misdirection, but not on the other, saying that was im-
possible ; the Court could estimate whether 9001. was
sufficient c, mpensation or not for so serious an injury as
the plaintiff had sustained.--Rule granted on the first
point.

BANKRUPTCY.—(THIS DAY.)
(Before Mr. Commissioner GotaatunN.)
IN RE SHACKELL.
This bankrupt was for many years publisher and part
proprietor of the John Bull newspaper, and had latterly
carried on business as a uaptha manufacturer, &c., at
Wandsworth.
The official assignee reported favourably of the bank-
rupt's atiairs. as there was a strong probability of the
creditors receiving 20!. in the pound.
The bankrupt was opposed on the ground of having
given accommodation bills, but
His HONOUR considered that as the creditors gene-
rally were satisfied, and as the opposing creditor had not
made out his case (although it was one in which inquiry,
was proper), the bankrupt was fully entitled to his cer-
tificate.

SECO►NDARIES'.-(THIS DAY.)
(Before Mr. Secondary POTTER.)
BENJAMIN V. MONEY.
This was an action on a bill of exchange. The plain-
tiff is a bill discounter in Houndsditch, and the defendant
was stated to b, the chief clerk of one of the judges. The
amount was under 20/., but there was no plea or dispute
as to the jurisdiction of the Court.
Mr. BUCIIANAN called witnesses to prove the accept-
ance of the bill, and that it had been endorsed to the
present plaintiff.
The jury gave a verdict for the amount claimed.
This was the only case.

BOW-STREET.—(THIS DAY.)
The Rev. Berry Charles Seller, of Send, near Guild-
ford, who was on Wednesday committed from this
Court for trial for an indecent assault upon Samuel
Cooper, a private of the Fusilier Guards, was this
morning admitted to bail by Mr. Jardine, himself in
5001., and two sureties in 2501. each, forty-eight hours
notice of bail having been given.

CLERKEN WELL.-(THIS DAY.)
George _Robson, a cab-driver, was charged before
Mr. Tyrwhitt, for neglecting to pay, according to the
order or this court, thirteen weeks' allowance, amounting.
to 1/.125. 6d., to Sarah Lander, for the maintenance of
his and her illegitimate child. The woman stated that
since the order was made by the magistrate, the de-
fendant had paid the allowance only once, and that was
in one sun, for seven weeks, for which she obtained a
warrant against him. He had kept out of the way ever
since. Three months were again in arrear on the 24th
of November, and she obtained another warrant, but he
could not be found until this morning.
The MAGISTRATE observed to the prisoner that no
doubt on this occasion he thought he had succeeded in
che:sting the young woman. The Act of Parlia•
went, indeed, contained a clause to the effect that
the Magistrates could only enforce the payment of thir-
teen weeks' allowance. But in this case the complainant
having duly taken out the warrant in November, when
the thirteen weeks were in arrear, could take out a fresh
warrant (after the satisfaction of this one) for the ar-
rears accruing since November.

The defendant said he had been out of work and could
not pay, nor would he make any promise.
He was sent to the House of Correction for two months.

DIEM—At Chesham, on the 10th instant, after a
short illness, aged 62, Mr. W. 11. Marshall, solicitor,
third son of tho late Mr. John Marshall, solicitor, of
Amersham.

DOYER, FRIDAY MORNING.—An agent at Dover
informs us that, owing to the heavy sea in the
Channel, the Calais, Boulogne, and Ostend mails
had not arrived, nor was it expected that the
steamers would be able to make the harbour until
late in the day.
THE OLDEST VOTER IN AMERICA.—Mr. Hughes,
tour dun
awarevolutionury soldier, in the 107th year of his age,
horses.
a t tsh tea ke n to the pod in Bt.ckbridge County, Virginia,
.•late election, by a friend, in a carriage drawn by