The Sun.
London, England, 1841-02-05 00:00:00

LAW INTELLIGENCE.

110 USE OF—LOMDS, FIB. 4.
The House sat to-day for the purpose of hearing Ap-
peals. The Piers present were the Lord Chancellor,
Lord Brougham, the Marquis of Bute, and Lord Ellen-
borough.

CALLAGHAN V. CALLAGHAN.
This case, which w:ls part-heard on Tuesday, came before
their Lordships upon appeal from the decision of the L. rd
Chancellor of Ireland, dismissing a bill for the specific
performance of an agreemcnt to make a lease to the de-
fendant.

Mr. Sergeant JACKSC,N, with whom was Mr. Jacon,
on the part of the appellant, occupied their Lordships on
his behalf the greater part of Tuesday, and not having
concluded on that day he resumed his arguments yesterday,
when the further hearing was adjourned till Monday.
The Can appears likely to occupy their Lordships several
dny,.

COURT OF QUEEN'S BENCH, FEB. 4.
LOCKWOOD V. WOOD.
Lord DENMAN gave judgment in this case, which was
an action of debt to recover certain market tolls and stall-
age, claimed by the plaintiff as proprietor of a market in
the town of Easing:vold. The declaration alleged that
the plaintiff was proprietor of the market in question, and
was entitled to claim tolls and stallage ; that the defendant
brought certain goods into the market, and exposed them
for :ale. The defendant p:eaded that ho was never in-
deb'ed. The case was tried before Mr. Justice Parke at
the Yorkshire Assizes, and a verdict was for the plain-
tiff, damages Is., as far as related to the stallage. For
the plaintiff a charter was produced, granted to one Hall
in the time of Charles I , suet which conferred upon him
the tolls and profits of the market, and witnesses proved
that the plaintiff, to whom the market at present be-
longed, was in the receipt of market tolls and stallage.
In 1646 en agreement was entered into between
certain inhabitants of Easingweld and Hull, by which in
consideration of certain land and houses, granted to Hull,
the inhabitants were to be exempted from all charge for
tolls. Mr. Justice Parke was of opinion that that deed
did not exempt the inhabitants from the charge for stallage,
and the question for the Court now was whether the ex-
emption claimed by the defendant from the ordinary mar-
ket tolls extended to an exemption from stallage. After
going at some length through the authorities bearing
upon the case, the Learned Judge said the Court was of
opinion that no ground had been shown for entering a
verdict for the defendant, but as there was some question
as to whether the defendant came within the designation
of en inhabitaly of E isingwold, and was thereby entitled
to exemp:ion from tolls, there oui_:ht to be a new trial.

TIIF. BIRMINGIIANI, Drasrot., AND .TE3ANIE4 JUNCTION RAIL-

WAY COAIPA NY V. lIOLFC,IIV.

This was an action to recover a sum of 4.601. 183 , being
the arrears of calls upon fifty shares, with interest, which
the defendant held in. the above Railway Company, and
which he had refused to pay. The ease was tried befurc
Chief Justice Tindal at the Essex Summer Ais:xell,
in the year 1839, and a verdict was had for the plain-
tiffs fur the sum claimed. A rule for a nonsuit
or a new trial was subsequently obtained, en the
ground that the regitry book had not been kept accord-
ing to the Act of Parliament (6th William IV.), and had
been improperly admitted in evidence ; and also on the
grcund that a sufficient number of duly qualified Directors
were not present, or did not vote in favour of the motion
at the time the calls were made.

Mr. THESIGER now appeared to thow cause against the
rule, and contended that, although some objection might
be taken to the original book, yet the book containing the
register of shares, and which was in existence at the time
these calls were m Wa3 kept according to the form
prescribed by the Act of Parliament, With regard to a
sufficient number of qualified Directors not being present,
the evidence was that fiver constituted a quorum—that
there were never less than eight present ; arid although
sonic of these Directors held shares in trust for other
parties, on which the calls were not 'mid up, the calls
being made unanimously there was a sufficient qualified
number assenting.

Mr. PLATT and Mr. PaacocK were heard in support of
be rule.
The COURT took time to consider its decision.

COURT OF COMMON PLEAS, FER. 4.

Sittings at Nisi Prius, before Mr. Justice ERSKINE and a
Common Jury.)
RITCHIE AND ANOTHER V. WILSON.

The plaintiff's in this case are timber merchants, and
bring this action of assumpsit against the defendant
for materials furnished by them for the building
of certain houses upon his property, in the neighbourhed of
Kennington. The defence was that the timber was sup_
plied upon the credit cf the builder who contracted for the
work, and who had received the full amount of his con-
tract, but had become insclvent without paying the plain-
tiffs. 'rhe case was tried before in this Court, when we
reported the particulars at length. The present is a new
ti ial. The Jury retired at twenty minutes past six o'clock,
and in half an hour returned a verdict for the plaintiff iu
the full amount claimed-1821. 93. 3d.

CENTRAL CRIMINAL COURT.

OLD COUR7.

(Before Mr. Justice NVE,LIAMS and Mr. Justice COLTMAN.)
ALary Ann Hoskins, a widow, aged thirty-nine, was in-
dicted for the wilful murder of her illegitimate child at
Greenwich on the Ist of January last.
Mr. Ballantine app, Bred for the prisoner, and Mr.
HApinasse for the prosecution.
Some of the particulars of the case, which possessed
little interest, have already appeared. The following is
the evidence of one of the surgeons who examined the
body :—Mr. Cooper said—l ass a surgeon at Greenwich.
I assisted in examining the child. Before I arrived Mr.
Keble had examined its chest. He drew my attention to
the neck of the child. On the back of the gullet there
was clotted blood, and in the gullet itself. NVe
found the lungs also very much gorged with blood.
The appearances were such as might be expected to pro-
ceed from suffocation. In my judgment, from the appear-
ance of the lungs and the mark on the neck, some pr es-
sure must have been made on that part, which led to
suffocation. I think there must have been a pressure on
the neck over the windpipe. The marks 1 have de-
scribed might, it is possible, have been produced by vio-
lence inflicted immediately after death.
By a Juror—Death from pressure, such as I suppose,
would have been instantaneous. The pressure might have
been made by the mother while in the act of being
delivered as well as at any other time. I im-
agine that the pressure which would have pro-
duced the marks would have led to instantaneous
death. The mere exposure of the child might have
produced in it a state of exhaustion. I merely give it as
I my opinion that life would not remain after such violence
as I suppose had taken place.
The Counsel for the defence then addressed the Jury,
and
Mr. Justice WILLIAMS having summed up,
verTdhicetJouf
Notaft Geraufit.l.twy, moments' consultation, returned a

POLICE IN TELLIGEN CE.

MARLBOROUGH-STREET.

George Harrison, a fashionably-dressed young man,
who has been for a long while well known to the police
as one of the swell mob, was placed at the bar before Mr.
Long, the presiding Magistrate, on a charge of felony.
Mr. Dubelicu, a gentleman residing at 18, Bury-street,
St. James's, stated that be was on Wednesday at Madame
Dulchan's Concert, at the Hanover-square Concert-rooms,
and noticed that the prisoner was close behind him. In
a short time after this he missed his pocket-book, which
contained 91. 10s. in gold, and a foreign bill of exchange
for a large amount from his coat pockets. He directly
made inquiry of the persons around him if they had
seen him drop anything, and was informed that
the prisoner bad but a few seconds previously hastily
quitted the room. He was pursued and brought back by
the police, and in the passage witness saw his pocket-book,
with the contents in it, fall at the prisoner's feet.
Police constable N 0.36 of the A Division, stated that
on bringing the prisoner back he distinctly saw him drop
the pocket-book.

'file prisoner made no defence, and waa fully committed
for trial.

SHIPPING INTELLIGENCE•
(LLOYD'S.)

Lowneiss, Fr: n. 4.morning early.
--it
ble;rfresh
gale this
Wind this day at noon, fresh breezes and moderate squalls,
at times to E. to N. E., and frosty weather.
SHEERNESS, FEB. 3.—The Prima, Butler, of Jersey, re-
ported to have been run down at sea by a steamer, is in this
harbour weathcrbound; she has received some damage in her
upper works. The Robert and Ann, Jloore, bound to Shields,
has come in with loss of anchor and cable.
l'ouTsaiourit, FEB. 3.—Wind E., strong breezes.—Ar.
rived the Factory, Jensen, from Batavia. .
FEn. 3. —Wind N.E.—Sailed her Majesty':
CowEs, FEB, 3.—The Armadillo, Benedict, from Newcastle
to New York, which arrived hero leaky, has come into the
harbour to discharge.
t
30 _Sailed the Duke,,of Gloucester, S lb
FAi,„(,,,,,, ffrorn.th2e.--.--EalssiiiirdNie.gE. E. to E.N.E., stronga
n"coier.
shilp3tE.yndioy:unrTioirr:,
iaKfliinllio.n,ll
Smith, ''°a gales.
JEnsEi, •,,AN• • . —Sailed the
to-day
Superb, Wilson, for Trini:ar.
d,_
arrived
fur
i‘Giluit
LiEorRoJN,
tasnnEe:i 5i o:
j.j:
.A.AN2g..c—n3oosr.aLail,esdla.eitlheGderetiNis,lieeaytit,,hiielioNavti:
Barbadoes. The Eliza and Nancy,
from Dublin, reports having seen, 31st ult
north of the Bishops, a mast-head, r. , about two miles
about
ter. Supposed to be the foremast of thefive feet above wa-
Hurl., FEB. 2.—Wind N E Pomona of Jersey.
.• ~ fresh •1, ' -
from St. Domingo to Hamburgh, and ga 4.---
lhe Assume,
from Honduras, fell foul of each other the'Trinidad, Brown,
on the Ebb, and both received trifling in the Roads yesterday,
hard this morning about two, damage. It blew very
DROGHEDA, FEB. 1. Ti and has since been squally.
Dublin, was totallyie. Jane, Clarke, from, Troon to
wreckeddrowned. in the Bay, this morning—crew

this l)
port,' vt a-s
broughtl.
1., I's DAL}, Fan. —inThhe Ocean, Morgynh,
afrvoimng
tarrutftkotno
the North Bull. Her
sternere
ttlannsdm,orninl.,
',butts are started.
Had discharged thirty tons of cargo to'geevteroff.
STRANitaEIt, FE IT . 2.—'The Betsy, from Liverpool to Glou-
cester, was run down off the Craig of Ailsa, on the night of the
3lst ult.., by the Lune, Pearson, from Glasgow to Ulverstone,
the former sunk, crew saved. The latter has put in here to
repair. ,
.•:;otrritwor.n, FEB. 3.—A large part of the,:wre A of a
vessel, apparently of about 250 tons, came on shore to the
of , they en shdie•ls red, east-
ward. yesterday. The wreck appears to be on one side and the
bottoM sheathed with:a white metal and white moulding ; on
the o
aehingvat twoer wais,stancheons
green, masts gone at the tl bulwarks, and
e 4, painted
ti
b,t
‘e
white, a piece of bowsprit and
,a piece of sail, marked " Joseph
Lamhton, sail maker, —on." •..
1.
—Arrived he r
the bottom
Sarah, is zinced.Trntm •1
art ,
VA RMOrril, FEB. 3.—A barque of about 200 or 300 tons
was driven on shore at Coalhive, on the Ist, instant ; her three
lower masts by the board, and her bowsprit, yards, and sails,
from the
Cape of Good Hope. Sailed, Prince of Waterloo, Edwards,
Savanni.b. 1 T:
in
Kthies‘ssltterr:
J, It ,
s. is
3 reported

Influenza in a very severe form has made its ap-
pearance, particularly at the eastern parts of tilt inctropo-
'is. Many of the metropolitan and City poli4e.-forco aro
suffering severely front this disorder,

THEATME ROYAL, COVENT GARDEN.
UNDER the MANAGEMENT of MADAME VESTRIS.

THIS EVENING. FEB. 5,
Will be repeated Fbakspere's
MIDSUMMER NIGHT'S DREAM.
Theseus. Mr. Cooper; Quince, Mr. Bartley; Bottom, Mr.
Ilarlei ' • Flute, Air. Keeley ; Snout, Mr. llcadows • ' Snug,
Mr. F. Matthews • Hermia, Mrs. Nisbett ; Oberon, Madame
Vestris ; Titania, Mrs. W. Laey ; Puck, Miss Marshall; First
Fairy, Miss Rainforth.

To conclude with
The NEW GRAND CHRISTMAS PANTOMIME will be
repeated, entitled
THE CASTLE OF OTRANTO; OR, HARLEQUIN
AND THE GIANT HELMET.
Harlequin, Mr. C. J. Smith ; Clown, Mr. T. Ridgway ;
Pantaloon. Mr. Mce.lii ; Columbine, Miss Fan-brother.
To-morrow, The Midsummer Night's Dream, with The New
Pantomime.
On Monday, the Midsummer Night's Dream, with The
New Pantomime.
Doors to be opened at half-past Six—the perforraances to
commence at Seven o'Clock.
Tiskets and places for the Boxes to be taken of Mr. Grogan
it the Boa-office, from Ten till Four, where Season Tickets
ray se had apon application.
Dress Boxes, 7s. ; Second Price, 3s. ; First and Second
Ore's, ss. ; Second Price, 2s. 6d. ; Pit, 3s. ; Second Price,
es.; Gallen, Is.
Private 130 x... to be had 24:lie's' of Mr, Andi sirs, bookseller
167. New Bond-street.