The Sun.
London, England, 1847-06-18 00:00:00

-interest while giving 'her instruction in so!-faing,
and then gave a most perfect imitation of him,
which produced roars of laughter. The duet was en-
cored, and bouquets innumerable showered on the stage.
Lablache endeavoured to pick them up, and hand them
to the lady, but he experienced as great a diffi-
culty in stooping as ever did Don Pasquale, and
amidst the shouts of the audience, Jenny Lind
came forward and aided him to gather the bouquets.
The divertissement from Thea gave Rosati an opportunity
of winning golden opinions ; and the ballet of Alma,
with Cerito as the heroine, concluded the evening's en-
tertainments.

QUEEN'S BENCH.-(THIS DAY.)
(Before Air. Justice WIGHTMANO

WRIGUT, BANBURY, AND CO. V. NACDOUGAL AND

OTHERS.

This was an action brought by the plaintiffs,
who were solicitors to a defunct pr( ject, bearing'
the rather startling title of the " Loedon and
Edinburgh Direct, and Darlington and Hawick Junc-
tion," to recover from the defendant, Captain Mac-
dougul, who had taken an active part as one of the com-
mittee of the undertaking, and from others, also mem-
bers of the committee, their bill of costs, amounting to
9401. 19s. 6d. The plaintiff's and some other pertons were
projectors of the company, but they entered into a
guarantee with the defendant and his colleagues, on the
21st of November, 1845, to hold him and them harmless
with respect to the preliminary expenses, which were to
he taken out of deposits. In the event, however, of the de-
posits not coming in to the extent they anticipated, the
committee were to be called upon to pay a sum not exceed-
ing 51. It was proved, however, that at a meeting, on
the 21st of January, at which the defendant was pre-
sent, the plaintiffs were requested to furnish their bill.
The capital of the company was 1,500,000/. ; 65,000
shares were issued, and some deposits were received,
but no scrip was issued. The plaintiffs took no shares,
and they had received 300/.

Mr. Justice WIGHTDIAN left it to the jury to say
whether the parties stood in the relation of solicitors
and clients, or whether the plaintiffs were or were not
the projectors, who had taken all the responsibility upon
themselves, and who had received all the profit that had
been derived from the undertaking.
The jury immediately gave a verdict for the de-
fendant.

BANKRUPTCY.—(THIS DAY.)
(Before Mr. Commissioner FONBLANQUE.)
IN RE THE BOSTON AND BIRMINGHAM RAILWAY.
_ _ _

In this case an application was made respecting a
proof which was tendered on behalf of a Mr. Black.
Mr. ASRHURST appeared to support the proof.
Mr. LAWRENCE said that an action at law was pend-
ing, and had been made a special jury case of ; an en-
deavour had been made to agree so that it might be
taken as a short cause, when it could be heard at the
sittings after the present term, if not it could not be
heard till December ; but he would be satisfied on an
undertaking that no steps should be taken in respect to
the subsequent proceedings until this Court had been
applied to.
Mr. ASIIIIRST said be would enter into the under-
taking.

SECONDARIES.-(THIS DAY.)
(Before Mr. Secondary JAMES.)
VARLEY V. C. H. GREGORY.

The plaintiff in this action is a boot and shoe maker
in Fenchurch-street; the defendant's description did not
appear. The action was brought to recover the sum of
2L 15s. for goods sold.
The defendant pleaded that he was not indebted.
_ _

Mr. Smith, a bOotroaker at Islington, was called, and
proved that in October, 1845, he was an apprentice to
the plaintiff, and heard the defendant agree with plain-
tiff to contract for boots at 61. 10s. for tne year. In the
course of the year defendant ordered a pair of 5 feet 6
boots, as he called them.

The SECONDARY—What can they be? I have heard
of the famous seven-league boots, and puss in boots, but
never of 5 feet 6 boots before.

The witness—They were to enable defendant to pass
for the City Artillery, so that he might escape being
drawn for the Militia.—(Laughter.)
't he SECONDARY—But how was this managed?
Witness—Why, the heels were three inches high, and
there was a piece of cork inside to raise him up to five
foot six, as he was only five foot nothing.—(Laughter.)
The SECONDARY—WeII, that is one expedient, cer-
tainly.
Mr. BRANWELL—But what kind or class of boots did
they come under—walking or marching?
Witness—Not much of either, I should say. If he
had attempted to walk in them he would have been in
purgatory, and probably have been pitched on his nose.
—(Laughter.) After he had passed muster the boots
were altered to ordinary walking boots. The alteration
must have. cost 10s.

Mr. BRAMWELL cross-examined the witness at great
length, and put in receipts for the 61. 10s., and notice
on the part of the plaintiff to determine the contract,
and made no demand for payment of these boots The
Learned Counsel said it was quite clear to him that it
was a mere after thought to bring this action, for with
a slight alteration the boots served as part of the con-
tract.

One of the jury thought at first the alteration ought
t. he allowed for, as an extra.
The jury, howevor, in a few minutes gave a verdict
for defendant.

BOW-STREET.—(THIS DAY.)
James Odell was charged before Mr. Jardine with
assaulting John Smith, the son of Mr. Smith, landlord
of the Lamb and Flag, Rose-street, Long-acre, and
threatening to stab him with a pocket-dagger.
The complainant stated that the prisoner and some
other men were drinking in the tap-room last night,
when the prisoner ordered some rum, and when witness
asked for the money he refused to pay, and said that if
witness attempted to enforce payment he would stab
him with a dagger, which he took from one of his
pockets. He shook his fist at the complainant, and used
abusive language. A constable was called in, and he
was given in charge, but the dagger was not found on
him, having probably been taken away by one of his
companions, who left shortly before him. The prisoner
is well known, and always carries a weapon of the kind
described.

The prisoner said that one of the men who was with
him called for the rum, and would no doubt have paid
for it if he had been asked. lie denied that he had any
dagger about him at the time, and that he used any
threatening or abusive languge.
Mr. JARDINE fined him 11., or in default sentenced
him to 14 days' imprisonment.
The prisoner was then removed.

MARLBRO'-STREET—('iHIS DAY.)
John Robe, Is, a well-dressed young man, was brought
before Mr. Hardwick, charged with stealing from the
pocket of Mr. James Hocken, tailor, 23, Maddox-street,
a pocket book and a silk handkerchief.
The prosecutor stated that on the previous night,
about half•past ten, he was standing at the bar of the
Cambrian Tavern, Castle-street, Leicester-square, in
conversation with Mr. Russell, the landlord. The pri-
soner, who was drinking with another man, came and
placed himselt by the side of witness, and began to
tumble about his pockets. The prsoner was in the act
of leaving the house in a hurried manner, when witness
felt in his pocket, and missed his pocket book and silk
handkerchief. He followed the prisoner, and taxed him
with the ihelt, which the prisoner denied. riuhsequently
the book was found behind the door, and the handker-
chief underneath the seat, near where the prisoner had
been standing.
Mr. William Russell, the landlord, proved seeing the
prisoner drop the bock behind the door, and seeing him
with the handkerchief in his hand, and afterwards throw
it under the seat.
The prisoner, who denied the charge, was committed
for trial.
Charles Paul, a youth of respectable appearance, an
apprentice in the establishment of; Messrs. Reynell and
Co., printers, Little Pulteney-street, was charged by
Mr. Titus Danks, on suspicion of breaking open a desk
and stealing 51.
It appeared that the complainant is overseer of Messrs.
Reyneli's establishment, and boarded and lodged several
of the apprentices, amongst whom was the prisoner.
Latterly complainant had missed several sums of money
from the desk, and could not tell whom to supect, till he
was informed that the prisoner had lately expended
about Si. 19s. Complainant's suspicions were then ex-
cited, and, on looking into his desk. he missed five sove-
reigns, which he had deposited there on Saturday last.
Before questioning the prisoner, complainant made in-
quiries, and found that the prisoner had purchased a
quantity of clothing and other articles. Knowing that
he was perfectly destitute of means to do so, complainant
at once suspected that he was the thief. He questioned
the prisoner as to how he became possessed of the money,
but his answers were so unsatisfactory that he gave him
in charge.
The prisoner denied all knowledge of the robbery.
He had purchased the clothes with his own money.
Mr. HAnDwicK said, notwithstanding the strong sus-
picion against the prisoner, he must discharge him, as
there was not the least particle of evidence to prove that
the prisoner did actually steal the money from the desk.

CLERKENWELL.-(THIS DAY.)
Richard Phesby, who described himsall as a. waiter at
a West-end hotel, was charged with having deserted his
wife and child, whereby she became chargeable to the
parish of St. James's, Clerkenwell, and also with a
violent assault upon Barlow, one of the officers of the
workhouse, and creating a riot.
It appeared that, about thirteen months ago, the pri..
soner ran away from his wife, when she was compelled
by distress to enter the workhouse, where she was con-
fined of a child, which was now almost in a dying state.
The prisoner called yesterday, in a state of intoxication,
and demanded to see his wife, when Barlow took him into
custody, and was about to remove him to the station-
house, but the prisoner tripped him up and threw him
violently to the ground, and a large number of idle per-
sons being waiting outside the gate of the workhouse,
the prisoner incited them to attack the officer, which
they did with such goodwill, that he Has glad to effe.it
his escape, minus his hat, and with some severe knocks.
The prisoner's wife stated that he was well able to
support
sentenced present living with a female at
Broenced him to two months' impri-
mpton.
fr. rr ht ,n rw, andLii TT w n
sonment with hard labour, as a rogue and a vagabond.

THE ACCLDEIST AT IV OLVERTON.-111 the course
of the. day it was mentioned by one of the officials of the
company that the unfortunate event will invole the
company in an expense of between 20,000/. and 30,0001.,
and it may be stated that the policeman w.. 5 accompanied
to the gaol by his betrothed, to whom he was to have
been united last Friday. Some of the friends of the un-
fortunate deceased complained to the Coroner of
their bodies having been plundered of the monies
which were in their possession. The compan promised
tla iliTOStigetiO4 0 the Daltet.—lisnolmier Courier.