The Sun.
London, England, 1849-11-17 00:00:00

was. a bill of sale from Myers to a person
of the name of Braham, who was also an advertising
medical man. The managing clerk pointed out the
impropriety of their conduct, and the impossibility of
their having any justification, saying that the bill of
sale itself did not show that it was made by the
Count; but they said that did not signify, and that
they should insist upon removing the goods,
i whereupon the police were called n ; but on
ascertaining that it was a distraint, and that
the parties claimed under a bill of sale they refused
to interfere. The managing clerk was, however, not
satisfied, and he went to the police-office, saw the
inspector, awl requested his interference. He also
said lithe parties claimed a right to take away the
furniture he could not interpose, but if he made
a charge of felony against them he would take
them into custody. A charge of that nature
was ultimately made, the inspector took them into
custody, and proceeded with them to the police station.
The Count followed in his carriage, and the charge
having been entered, they were locked up for the
night. Next morning they were brought
before the magistrate, but discharged. The
consequence was four distinct ections, one
of which was the present, were brought against
the defendant. As he said before, the plea was the
general issue, but he submitted to his Lordship, that
if the bill of sale was a mere artifice the parties were
guilty of open felony or robbery, or something very
near it, and the Learned Judge said he was nut pre-
pared to say that the decision of the magis-
trate was altogether correct. He believed also
that the Learned Judge was very much dissatisfied
with the verdict. There could be no doubt that a
gross outrage had been committed on this gentleman;
the result was four actions against him, in one of
which tte damages amounted to 201.—a circumstance
which seemed very I,kely to impress him with a sin
gular idea of English justice.
The Court promised to consult Mr. Justice Cress
well before they gave their decision.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)

COBBFTT V. SIR GEORGE GREY AND ANOTHER.
In this case, which was tried before the Lord Chief
Baron on the 24th of February last, and a verdict
found fur the defendant, a rule nisi was obtained by
the plaintiff in Easter Term last, calling upon the de-
fendants to show cause why the verdict should not he
set aside generally, or a new trial be had, on the
ground that it was against the evidence.
The ATTORNEY-GENERAL now appeared for the
defendants to show.cause against the rule. He
submitted it was important to consider the
form of the declaration in the cause. The
declaration alleged that Mr. Cobbett, " being a pri •
soner in the Queen's Bench " (those were material
words), the defendants, on the 24th of December,
1847, by force and arms assaulted him, and forced
him to go from room number 2 in the said prison to
room number 1, which was a more inconvenient
place. There was a plea of " not guilty by statute."
First of all, he (the Attorney-General) contended that
upon this declaration of not guilty an action of tres-
pass would not lie against the defendants, inasmuch as
it was not a trespass to remove a man from a room in
a prison in which he was confined to another, by
desiring him to go from the one place to
the other, and he went. Even admitting that
the plaintiff had been put into an incon-
venient part of the prison, that would not amount
to a charge of false imprisonment, seeing that the
plaintiff was imprisoned before and at the time of his
temoval. He apprehended, under these circumstances,
that an action would not lie against the defendants.
The evidence was simply that the words, " You must
go, sir," were addressed to the plaintiff at the time of
his removal from one part of the prison to another.
He (the Attorney-General) admitted that the plain-
tiff was forced to remove; but was it a trespass to
remove a man in prison from one part of the prison
to another ?

The Loan CHIEF BARON—Suppose you say to a
Man "If you don't get out of the way I will knock
you down ? "

- The ATTORNEY-GENERAL—That was a different
case, my Lord. In this case the declaration starts
With the statement that the plaintiff was in custody.
The LORD CHIEF BARON—It has been ruled over
and over again that no words would amount to an
assault.

The ATTORNEY.-GENERAL—ExactIy so, my Lord,
It is said that " bard words break no bones."—
(A laugh.)

The-140'RD CHIEF BARON—But if you say to a
man " If you don't go out of this field into another I
will come and make you," and the man does go out,
that would be force, for it would be a
using of helps to compel him to go from one
place to another. He submitted that it was no
false imprisonment to remove a man from one part of
a prison to another, and that there was consequently
no ground for an action of trespass. It might i)e an
abuse of authority, but assuming there had been an
abuse of authority, did it amount to a trespass ?
Mr. Baron PARKS—kie is guilty of a trespass if
he does anything which the law does not warrant,
forinstance the putting manacles upon him.
The ATTORNEY.GENERAL would admit that, but
this was not like the familiar case of force having
been used against a man ab initio ; and he would
Contend that this ought to have been an action on the
Case, and that the defendants were not guilty of
trespass.
Mr. M. D. HILL followed on the same side.
(The case was proceeding when we went to press.)

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice PATTESON.)
MYSTERIOUS AFFAIR.

Sir FREDERICK THE,IGER said, if your Lordship
pleases, I have to move your Lordship for a writ of
certiorari to bring into this court an inquisition taken
by the Coroner of the borough of Leeds, and also the
depositions, which inquisition was held on the body of
a person named Sarah Ann Wholley, by which she
was found felo de se, the object being to traverse
the inquisition ; but at the same time 1 think it right
to state that if I find, when the inquisition is brought
into this court, that there are substantial defects on
the face of it, I should wish to have an oppor-
tunity of taking advantage of them. The cir-
cumstances of this case, which I will state shortly
to your Lordships, are of the most extraordinary
and mysterious character. Sarah Ann Wholley
was the daughter of respectable parents, re-
siding in London, and on the 21st of June last she
married Mr. Wholley, her husband, who was a wool-
dealer, residing at tiolbech, in the neighbourhood
of Leeds. She was seven-and-twenty years old, and
he was only three years older. They were married
With the entire approbation of the parents of
the lady ; and after the marriage they pro-
ceeded first to Leamington, afterwards to Scar-
borough, and from both of these places letters were
written by the wife to her sister, expressing, in
the most artless and simple way, the happiness
she enjoyed in her new state. They arrived at home
In Holbech on the 2d of July, and on the 7th of July
a letter was written to the sister by the wife, which,
however, I shall not trouble your Lordships with,
but merely state that it was written precisely in the
same strain as all the others, containing nothing ex-
aggerated, but giving, in the most simple and artless
manner, an account of her own happiness, and
ending in this way :—" It has just struck five, and
as my dearest William generally makes his appear-
ance about that hour, or soon after, I must draw to
a close to be ready for tea. Adieu, my dearest
Susannah, and, with our united and devoted regards,
believe me your affectionate, happy sister, Sarah Ann
Wholley." On the 9th of July she was seen as late
as half-past eleven o'clock in perfect health and spirits.
She was of a very cheerful disposition, of a quiet,
well-regulated, and religious mind ; she had break-
fasted with her husband that morning, and had parted
with him on the most affectionate terms, he going to
his daily business at Leeds. Five minutes after the
time when she was seen as I have stated and described,
she was found stretched upon the floor in her bed-
room, with her throat cut from ear to ear, and a
razor between the finger and thumb of her left hand.
An inquest was held, and by the direction of the
coroner, under these circumstances, the jury wefe
almost forced to find a verdict of felo de se. My
Lord, the coroner's direction, which is of the most ex-
traordinary kind, is sworn to. He says this :
(The learned gentleman then proceeded to read the
charge of the coroner, which concluded in these
Words :—" I think you had better find a verdict of
felo de se than adopt a course of leaving the case open
and throwing suspicion upon parties that may rest
upon them for ever.") Under this strong direction
the jury found the verdict I have mentioned, after
three hours' deliberation ; it being perfectly clear that
110 suspicion could possibly have attached to any one
If the jury had found that verdict which seems to be
the proper one, according to the mysterious nature of
the case ; for if she did destroy herself it must have
been upon some sudden outbreak of madness, of
which the human mind is sometimes susceptible,
and instances of which we know have not
unfrequently taken place. It was, therefore, under
the strong direction of the coroner that the jury found
this verdict. And as the family are extremely anxious
to wipe this stain from this unfortunate lady's me-
mory, they feel that it would be impossible for the
lady to have a Christian burial with this stigma
resting on her name, and therefore on their behalf I
have to apply to your Lordship for a writ of certio-
rari, for the purpose of having the inquisition and the
depositions brought into this court, in order that they
may be traversed. My Lord, if I find upon examin-
ing the inquisition there is any part of it open to
technical objection, I think it right to state that I
shall take advantage of it.
Mr. Justice PATTESON granted the application.
The writ was accordingly directed to issue.

The sun of truth may be obscured, but is never
gohpaed,--,Eliza Cook's Journal.