The Sun.
London, England, 1836-11-05 00:00:00

MELLIN V. TAYLOR.

Mr. CRESWELL said that in this case, which had been
tried at the last York Assizes, a verdict had been given for
the plaintiff, with 1,0001. damages, and he was instructed
to move for a rule to show cause why the verdict should not
be set aside, and a new trial had, on the ground that the
verdict was against evidence. It would doubtless be re-
membered that this case had been tried before Baron Parke,
on a rule for a new trial granted by this Court. He op-
posed the granting a rule for a new trial, and amongst
other topics, urged, that undoubtedly the defendant
would not meet with a fair trial. The case had been
tried before at York, and a verdict was given for the
defendant, and if their Lordships would examine the
evidence, and draw a comparison between the case
as proved at the second and at the first trial, they
would be satisfied that the defendant had by no means a
fair chance of success ; and that there could be no hope of
a fair and dispassionate consideration of the case. It would
be recollected that this was an action brought against the
defendant for criminal conversation with the plaintiff's wife ;
and it was alleged to have been of several years' continu-
ance. There had certainly been a great intimacy between
the parties for many years, and this would account for the
vast variety of rumours and suspicions that circulated
amongst vulgar persons of the supposed guilt of the parties,
when in fact there was the purest innocence. The Learned
Gentleman then proceeded to refer at great length to the
facts of the case, which have already been more than once
laid before the public, and commented on the evidence of
the different witnesses.

Mr. Justice VAUGHAN—Have you any reason to know
whether the Learned Judge who tried the case was satisfied
or dissatisfied with the verdict ?

Mr. CRESWELL had had no communication with the
Learned Judge, but he believed, from some observations

that fell from that Learned Judge in the course of the trial,
that he thought that even if a verdict were found for the
plaintiff, the damages ought not to be large, as, if the evi-
dence adduced by the plaintiff were true, the loss of such
a wife would not be of much consequence.
The rule was granted.

EXCHEQUER COURT.-(THIS DAY.)

ELLIOT AND OTHERS V. MARTIN.

Mr. Sergeant ADAMS moved for a rule nisi to set aside

the verdict for the plaintiff in this case, and for a new trial,
on the ground of misdirection of the Learned Judge, Mr.
Baron Bolland, who tried the cause at the late assizes at
Warwick. The plaintiffs are guardians of the poor, and
the defendant a baker, who had entered into a contract to
supply good seconds bread and flour for the use of the poor,
the loaves to be of 41bs. weight., and he to deliver a bill
of particulars at each delivery of goods. The poor com-
plained of the weight of the loaves, and the contractor
was summoned before the Board, when some of his
loaves were weighed, and found some two, three and four
ounces short of the 4lbs. He then said his foreman must
have made a mistake, and forgot to put the 2oz. weight in
the scale, but he would make it up, and take care that in
future the proper weight should be given. Some time after,
the son of the contractor brought 500 loaves to the work-
house in a cart. About 100 of them were taken in and
weighed ; they being found much deficient in weight were
all sent back, and the action brought upon the breach of
contract in delivering loaves under 41bs. weight, and for
not delivering a bill of particulars at the time of delivery.
The Learned Sergeant held that the loaves which the de-
fendant's son parted with were taken for the express pur-
pose of being weighed, and that there was not a delivery of
the bread either in fact or law. On the other point, he
said there was evidence of a waiver of the bill of particulars
by one of the servants of the plaintiff.
The COURT were of opinion that the goods were in law
delivered when brought up to the door in the cart. Had
they been found to be of full weight, they would have all
been taken in, hut were sent back because of the deficiency
only.—Rule refused.

EXCHEQUER CHAMBER, THIS DAY.

The LORD CHIEF BARON sat here to-day, and disposed
of several petitions and motions, none of which were of any
public interest.

COURT OF REVIEW.-(THIS DAY.)

This COURT sat this morning at the Westminster Sessions
House, and disposed of some unopposed motions of no public

interest.

SHIPPING.-(THIS DAY.)

(FROM LLOYD'S.)

DEAL, Nov. 4.—Wind W., moderate.—Arrived and sailed
for the River, the Beaufort, Nagle, from Quebec; the Aus-
tralian, Johnson, from Valparaiso; Pomona,
bec ; Don Giovannio, Wilson, from Tobago ; Amity, —,
from Quebec; and Richmond Hill, Forrest, from Berbice.
Arrived from the River and remained, the Isabel, Chester, for
St. Michael's ; Vcre, Roberts,'for Jamaica ; John, Wilkinson,
for Mauritius ; and Rundall, Hull, for Cadiz.

. ,
PORTSMOUTH, Nov. 4.—Wind fine.
PLYMOUTH, Nov. 3.—Wind S. W.—Arrived from London,
the Tancred, Crosby, for Barbadoes; Apollo, Miln, for Gre-
nada; and Protector, Davis, for Mauritius. Arrived tee
Fanny Voase, Orton, from Oporto.
FALMOUTH, Nov. 3.—Wind S. W. to \V.—Arrived the
Marys, Cocks, from Quebec; Eclipse packet, from Vera
Cruz—sailed the 10th September, and from Havannah the
29th Sept. ; and Prudence, ----,from Denia. Sailed the
Tyrian packet, for the West Indies; and his Majesty's steam
packet Hermes, for Cadiz.
STANGATE CREEK, Nov. 4.—Arrived the George Anson,
Oakley. from Constantinople; and Margaret, Grey, from
Marseilles.
port, the Sarah,
RAMSGATE, Nov. 4.—Arrived off
from Limerick.
ISLE OF WIGHT, Nov. 4.—Arrived off port, the nyder,
Curry, from Licata.
SOUTHEND, Nov. 4.—Arrived the Peace, Bloomfield, from
Zante•

The Williams, Lushington, from Quebec to Padstow, was
abandoned 13th ult., lat. 44. long. 38., being water-logged.
The Scotia, Cormack, bound to l3lyth, has been assisted in,
with much damage, and very leaky, and must discharge.
The Mary, from Rostock, has arrived at Christiansand, with
3 feet water in her hold, and must discharge—bound to Hull.
The Europa, Cock, from Porsgrund, has arrived at Christian-
sand, very leaky, and must discharge part of cargo—bound to
London.

The Two Brothers, Gruchon, from St. Petersburg, has
also arrived at Christiansand leaky, and must discharge part of
her cargo bound to Havre.
The Elizabeth, Gascoync, from St. Petersburg, has arrived
at Fharsurd, with damage—bound to Hull.
The Lucy, End, Wilson, was driven on shore at Larine, on
the 27th ult.