The Sun.
London, England, 1849-03-26 00:00:00

NORTHERN ClRCUlT—Liverpool, March 23.
CIVIL COU-liT.—(Beiore (oLEBIDGE.)

HYDE V. DAVIES.
This was an action to recover back the price Of
horse, sold by the defendant to the plainiff with a
ground Wal",
ranty of soundness, on the that it was not sound
at the time of sale. The defendant, by his pleas, denied
first his liability, and secondly, that the horse was lA'
sound as alleged. The plaintiff is a horse-dealer in
Liverpool, the defendant lives at Stanton Court Farrel
near Hereford. The plaintiff having seen him at a fair'
called at the defendant's, and after some bargaining,
bought the horse, a young gelding, for 621., taking a
written warranty that he was " sound, free from rice'
steady in harness, no crib-biter, no wind-sucker." rile
defendant sent the horse by his own man the next dsj
to the Craven Arms, near Ludlow, who there deh
vered him to the plaintiff, who paid for him and brougb/
him to Liverpool, in good health to all aearance'
except a sligf.t cough, and in good condition.p Ile
arrived in Liverpool on the 27th, and put the
horse in his stable. On his way home the horse
showed some signs of being affected by a cold, be
coughed several times, but not to excite suspicion
or alarm, nor more than young horses frequently 00
when slightly affected by a cold in travelling. He assnot put to work, being purchased for sale, and on toe
22d of September was sent to Howden fair, and there
sold to Mr. Wythers, a veterinary surgeon and horse'
dealer, being then to all apprarance in as good if a°
better condition than when the plaintiff bought it, 13?,
1,,',
still having the slight cough. On the 30th the plaintla
received a letter trom Mr. Wythers. stating that a
horse was very ill, and on the 2d of November a second
letter, stating it was dead, and inclosing the certificate ct
a veterinary surgeon, stating that he had examined the
dead horse, that it had been unsound for months froth
disease of the lungs, commonly called hepatisation,
tubercles, which must necessarily be some months in,
forming, and from chronic disease and enlargement
the liver, which was more than twice the proper size an
weight. Mr. Wythers demanded back the sum he had
paid for the horse (601.), and threatened an action if 13°',
complied with—and on the plaintiff hesitating he actualli
commenced an action, which the plaintiff was advise°'
of ter in vain requiring the now defendant to defend it]
to settle by paying the sum demanded and expenses, and
then commenced the present action.
Mr Justice COLERIDGE summed up, and the jury, after
some deliberation, found a verdict for the plaintifk
Damages, 621.

March 24.

CROWN COURT.—(Before Mr. Baron ALDEusor;)
Elijah }ales, 26, an ill-looking journeyman to
tradesman of this place, was indicted for a felonio►s
assault on Mary Rogers Donald, a fine girl of 16 yea°
of age.

IC appeared that the girl, who gave her evidence vad/
the most becoming modesty, lived with her mother 61/
grandmother, who, on the 23d of December, bad gone
out to make purchases, leaving the prosecutrix
in the house. Among others, they called at the in
soner's master's, and purchased ham, potatoes, &c., an
the prisoner was by his master sent home with them'
Finding the prosecutrix was alone, he took the oppor.t°,,
nity of taking indecent liberties with her, completi.ot
the felony, during which she fainted and became 1°
sensible.

She was greatly distressed by the cross-examination
she had to undergo, but her evidence was unshaken 11
it, and, after his Lordship had briefly, but clearly,
the case to the jury, they at once found the prisons'
Guilty, and he was transported for fifteen years. Ralph Henry Shuelebothetm, 25, a surgeon, was ,„
dieted for a felonious assault on Sarah Ann Ashcroft, SC
Ashton-under-Lyne, on the Bth of January last.
,2„10
It appeared that the prosecutrix, a very pretty I'l'6o
married woman, only twenty-two years old, was on 03
night of the above day at the house of her sister, WI)0
,„
was expecting to be confined, and the prisoner was
attendance as the accoucheur. He said after some nine
that the event would not take place that night, and 0%
of them must go with him, and he would send
s
or a draught, and then said the prosecutrix tnis
better go, and she did so. When they got t 9 ti!ft,
house he unlocked the door, and they went in. Po
then clasped her round the waist and forced her into
bedroom, and there committed the felony, preventintgo
her from making an alarm by getting his fingers inh,
her mouth, and pulling down her jaw. During ,_&r,d
struggle he reminded her that her husband owed o`l7l
eight shillings, and said if she would submit he Ware'
cross it out of his books, and they should hear no 02°,1,
of it, but she declared she would not suffer it for liva
and he then said he was determined to have his vvilL'a
all events. She on coming down stairs found he P,
locked the door. She told him she would tell her 13,11 b";
band. He said, "if ycu do, it will be a bad job.''
did tell her mother and sister as soon as she got Wee,
Persons lived on each side of the prisoner's house, s,
parated only by a single brick partition, and there 1/;:e.
no evidence that any one heard her cries, nor peg
there any marks of violence on her person.
His LORDSHIP summed up as if he were not per-reed/
satisfied with the case, and
The jury Acquitted the prisoner, at tho same ail
saying they imputed nothing against the proseetitr
only they were not satisfied the prisoner was guilty.

POLICE INTELLIGENCE.
MANSION-HOUSE.
E. Stannard was finally examined on a charge °fhaving defrauded W. Walker, of Charlotte-street, FiAtil.
my-square, of fifteen shares in the Reading, Guildfor"
and Reigate Railway Company.
It appeared that the defendant, by means of an fuller'
tisement for a clerk, obtained the fifteen shares eg,
security for the integrity of the complainant (the ve'll"
of the shares at the time being 100/.) in that situatioe:
the services in which were to be remunerated by 701. Pe,
annum. The defendant never had any authority to dos
:,
pose of the shares. The complainant only remained :
month at the office of the defendant, Pancras-1017
Bucklersbury, but never saw any business done aler:
although the defendant issued printed circulars ag d
wine-merchant, stating that his cellars were stocked
with choice wines. At the end of the month the e°ll3;
plainant saw at the door a van, in which a Vrtes,
was loading all the goods, consisting of hanWe'ed
and empty bottles. In consequence of what he be!' §
from Mr. Exley, a creditor, he would not allow the tie
to be taken away. In the evening of the same day h,
received a letter from the defendant, stating that in con 0
sequence of the importunities of a creditor, 119 .n"
obliged to give up business, and promising to eel! 140
settle about the salary due and the shares. In l'atil„gt
demanded his shares, and ascertained that the defenu—p
had borrowed 501. upon them from Mr. Exley, and Owe;
were not, of course, forthcoming. The defendant, b°
ne,
ever, prevailed upon the complainant to give hiw srlitf
morandum that, in consideration of receiving an I v
for 91. and 1Z in cash, he would not take any proceeding
against the defendant, who was insolvent.
The LORD MAYOR said it was clear that, the shares
having been placed in the defendant's hands for 8 811;
cific purpose, he had violated good faith in making 1.1111,
of them for his own benefit, and committed him for to