The Sun.
London, England, 1836-12-01 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Nov. 30.
In the case of Simmons v. Lainson, a verdict was given

for 41. • ' • •
piamtat.
MOON V. THE GUARDIANS OF THE POOR OP THE WITNEY

WaS an action brought b) thu plaintiff; ifito; is a sUr-.
against the hoard of Gtiardians of the 1-odr. Law
Union; Okftirdshire; td icedver the sumof'6s/.,
the aindiint df his Charge &Raid Caletilations.
It appeared that the hoard df datardiao bad determined
to bdild a new workhouse; and; as the Union Was extensive;
4COnSidei•able reqUired; ..The estimated
ahcitit 6;600t: '3artisdri Kettiptherne; an
ftitient architect, was employed for the ptitpdid df diriWing
working plans and specifications, preparatory to procuring
tenders for the contract ; and one plan having been decided
upon by the Guardians, Mr. Kempthorne appointed Mr.
Moon, the plaintiff, to make out an account of quantities
for the use of the builders, and Mr. Moon furnished the
calculations required. The first plans that were drawn
by the architect were afterwards considered by the Guar-
dians to require some alterations, and those alterations hav-
ing been made, it became necessary also to alter the account
of quantities. The charge made by the plaintiff for the
first account was 401., and for the subsequent alteration 251.
additional, amounting altogether to the sum now claimed.
Mr. Kcmpthornc had received from the Guardians the sum
of 801. by way of compromise upon a larger claim : but no
contract was entered into, and the business was subse-
quently taken out of Mr. Kcmpthornc's hands.
On behalf of the plaintiff several architects and sur-
veyors were called, to_ prove that a general usage had pre-
vailed in the profession for ten years that a surveyor and
not an architect should make out the account of quantities
for the builders ; and that the architect was authorized to
employ a surveyor without consulting his own employer.
Mr. Sergeant WILDE, with whom was Mr. Harrison, ap-
peared for the plaintiff.
Mr. Sergeant TALFOURD and Mr. Cilimiforr, on the
other side, contended that the defendants incurred no legal
liability, and objected to the evidence of usage.
The Clurs JUSTICE thought that the legal liability of
the defendants was a very proper question to be raised.
They probably did not feel themselves at liberty to pay the
sum in question without some discussion upon the subject.
Mr. Sergeant TALFOURD having understood that lie had
leave to move to enter a nonsuit upon the legal points, then
addressed the Jury with respect to the evidence of usage.
The CHIEF JUSTICE summed up, and left it to the Jury
to say whether any such general usage was established,
giving the architect authority to appoint a surveyor with-
out consulting the principal employer, that the defendants
might, upon reasonable diligent enquiry, have become ac-
quainted with it.
The Jury retired, and returned a verdict for the plaintiff
Damages 651., subject to a motion for a nonsuit.

CENTRAL CRIMINAL COURT.
WEDNESDAY.

CHARGE OF MANSLATIGHTER.—CharIes Lewis, aged 25,
was indicted for feloniously killing and slaying John Lock.
It appeared that the deceased was mate of the Emerald
Isle, trading vessel, lying in the Battle Bridge tier, below
bridge. The prisoner was a sailor in a vessel lying along-
side, and on the evening of the 22d instant the prisoner and
some of his messmates, who had been on shore, returned to
their vessel. The prisoner, in crossing the Emerald Isle,
was barked at by a dog, which he said he would kill if it
bit him. This led to some words between him and the
deceased, and the former raised his arm as if he intended
to strike the deceased, but there was no proof of a blow
being struck ; the deceased, however, fell overboard and
was drowned. The vessel at the time was unshipped, and
the deck being slippery, there was nothing to prevent his
falling overboard. On the prisoner hearing what had
occurred he burst into tears, and expressed his regret.
Mr. PRENDERGAST addressed the Jury, and called ten
witnesses, who gave the prisoner a most excellent character
for humanity.
Mr. Justice VAUGHAN summed up the evidence.
The Jury found the prisoner Guilty, but acquitted him
of a malicious intent.
Mr. Justice VAUGHAN sentenced the prisoner to impri-
sonment for seven days in Newgate, which will expire on
Saturday next.
There was no other case of interest.

POLICE INTELLIGENCE.

GUILDHALL.
Yesterday William Osborne, a lad, was brought before
Mr. Alderman COWAN, for re-examination touching the
death of a boy named William Hayes, whom he invited to
go wish him in a boat from Hungerford-market to Black-
friars Bridge, and who was drowned on the way. The body
has not yet been found.
John Williams, an officer of St. Thomas's, Southwark,
who took the prisoner into custody, stated that while
bringing the prisoner from the Comptcr that morning, he
persuaded him to speak the truth about the transaction.
Mr. Alderman CROWDER asked if he held out any induce-
ment or threat ? Williams admitted he did, for he told
him that if ho did not tell the truth he would probably be
sent back to the prison. Prisoner said if he did speak the
truth it would not get him off aay the more for that. Wit-
ness asked him why he thought so ; and the prisoner making
no answer, witness asked him to relate exactly how the af-
fair happened. Prisoner said that after the boat passed
through Waterloo-bridge a quarrel ensued between them.
Witness asked what the dispute was about. Prisoner
said the deceased wanted one of the sculls to assist in
rowing, which prisoner refused to let him have. A scuffle
ensued, during which the boat ran foul of a barge off
Capel's wharf, and the deceased fell overboard.
Mr. Alderman COWAN said this account would make
death appear to be accidental, and he asked the prisoner if
he wished to say anything further.
The prisoner said he did not, and in answer to a question
from the Magistrate, said they both caught hold of the
scull, but did not strike each other.
Thomas Savory, a boy in the service of Mr. Cadwell, of
Hungerford Market, stated that he knew the decease and
the prisoner. On Thursday afternoon, Still, the owner of
the boat. asked him to fetch it from its moorings to the
stairs, that he might carry some wood across the river to
burn the bottom of a boat. Still afterwards declined using
the boat, and told witness to make it fast again. Witness
was called away by his master, and sent upon an errand.
When he returned at twenty minutes past four, he found
the prisoner rowing about in Still's boat, and hearing wit-
ness was ordered to take his master's truck to the stable in
Wilderness-lane, Salisbury-square, he promised to go down
with the boat and fetch him back. Witness in consequence
went down to the nearest open wharf at the end of Water-
lane, Fleet-street, and bawled for the prisoner nearly three-
quarters of an hour, but could not find him. On return-
ing to Hungerford-market, be heard that the prisoner took
the deceased into the boat, rowed away, and had not been
seen since.
Ives, a surveyor of the Thames Police, said that the re-
presentation of the prisoner that the body of the deceased
was dragged for at the time of the accident was certainly
untrue. He left London Bridge in a police boat at four
o'clock on Thursday afternoon, and on reaching St. Paul's
wharf he saw Still's boat come through Blackfriars Bridge
in a sinking state. It was full of water. Two boys were
rowing about in a large skiff near it ; and, in answer to his
questions, they said they were not satisfied whether a man
had fallen out of the boat or not. He then rowed about
the piles of the bridge to see if any person was clinging to
them, and not perceiving any one, he took the boat to Hun-
gerford-stairs. Some of the planks from the boat were now
on board the police vessel. From the position of the boat
he had no doubt that it had upset near Capel's wharf, where
the tide runs heavily, and a boat will easily overturn.
The father of the deceased said he thought he had a
clue to a witness who saw the whole business, and who
would prove that the prisoner knocked his son overboard.
Ives said this was improbable ; for any man who had
seen such an act would have raised an alarm, and endea-
voured to save the boy's life.
Mr. Alderman COWAN said they had probably obtained
now as much evidence as could be had ; but he would not
close the examination if the father believed he could trace
the matter further, and he would, therefore, remand the
prisoner till Friday. The prisoner was remanded.