The Sun.
London, England, 1841-12-01 00:00:00

EVEN ING SUN

LA.W IVELLIG_ENCE,
QUEEN'S BENCEL-(THIS DAY.)
XLWELL V. THE KEIMINGIIA 31 CANAL NAVIGATION

The OOMPANY.
ATTORNEY-GENERAL stated the case. It was ren
rlnn to recover compensation for damages sustained
{. the plaintiff; the proprietor of certain mills in Staffvrd-
,siire, in nconsequence of the defendants having diverted
dulle water by which the power was supplied. A man-
damus was obtained against the Company, calling on
taithem c to impannel a Jury, and assess the damages sus-
iihy the plaintiff, and the return to the mandamus
_xs that the plaintiff had sustained no damage which
puld entitle him to compensation under the Act of Par-
tthaillent- Now, he was prepared with witnesses to prove
hiarnt the plaintiff had sustained damage such as entitled
zkituhlealsrsutheethe Act
Jury
compensation. That he submitted
would have to try, because they
the not be converted into a Staffordshire Jury to assess
amount of these damages, which the plaintiff had
estimated at 10,0001.
DExmaast doubted very much the propriety of
trireeding with the case at all, because he did not
an action for a false return would lie, unless it
Abe Proved to be wilfully false. The proper course
viehay
4Ddif e been for the plaintiff to traverse the return,
iA
'ue succeeded, then a mandamus would put him
likeession of his proper remedy.
theNbieJ some further discussion a verdict was taken for
CiAtVtiff; by consent, subject to the opinion of the
up" a special case to be submitted to it.
This LAYTON V. THE EARL OF GLENGAL.
bp°, was an action to recover a balance of 8501. due
year nn annuity of 100/. per annum, granted in the
kith 1823; by the late Lord Foley and the defendant to
.T4ard and,lluxton Layton.
ivm execution and enrolment of the annuity deed
ut vroved, and the Jury found a verdict for the amount
ed.

Th* NAYLOR V. MAYHEW. .
Nsid;l4 Was, an action brought by the plaintiff, a builder,
w,-17ng near Brixton to recover a sum of 281. odd for
k-trk done for the defendant in 1836 and 1837. The
1),('41(k. done was building two additional rooms,_ and
DI illek' some alterations in a stable. The defendant
lava a set off.
ak-ker the examination of one or two witnesses the case
aik,_nof the suggestion of Counsel, referred to the de-
'l a gentleman of the bar.
'EXCHEQUER.—(THIS DAY.)
THE ATTORNEY-GENERAL t'. DERNEN. -
e01.111i,,4S was an information filed for the purpose of ref
kor,,rng. from the defendant three times the value o
dab, s Seized on his premises, which had not paidd the
r
thel cPon their importation. They were condemns fo
4;..ni1l of 1054 12s. Id.
0% of the Crown,
Part I' 'Jarvis and Mr. Wylde conducted the case on the
and gave the evidence of the seizing
II tqs, Dobbs, Cox, and Wheel, that upon the 15th of
dilliikt It they
IN :in 4 Went to a warehouse occied by the d f
i.--,ow-lane, in which they. found. in cartoon boxes
43,.1,,!1(111eur case 161 dozen pairs of silk gloves. and nuts,
g4l and urses, and 30 dozen gloves and wits made of
41(." e,her materials. The defendant said the pursesh
Ile,ged to a friend, and the duty on them ad
101 Paid. The other goods belonged, he said, toah Mr.
lkii 'SET, for whom he was a commission agent, and e
eye,
N u the duty upon them had not been paitd.ent All
atlo..atized, and on his lodgings being searched,
Rays ther pairs of silk gloves. The purses werewaftteyre-
dlity Pll3Yed to have been regularly imported, and h
„,.., paid .
4" ed ' they were accordingly given up. It was also
%et • that Haylyer had resided in a house in Silver-
-1.me014,11 the latter part of 1840. The defendant c,.
er
by th in the same house, and was introduced to Ha I
)Y
th4l4lnlladY ; after which parcels o. f gloves were brought
Iv% generally twice a week, in a blue bag.. They
hisundrem.o. but were gummed by both parties and
INtirl in their rooms. Upon the seizure, the defendanthe
~tist.)l,„. gake IIP his books, and was several times at t
tehar
' ° -"use before May, when he was arrested upon
Alt, 1,.
4lity in'IlLE (with whom was Mr. V. LEE) addressed the
"I iiii."'r the defendant, and said there could be no doubt
dkid de facts ill the case. The goods seized had not
.itiendutY' theY were found in the possession of the
t 5 fart 1111 t, and the value was 1051., but the Crown must
lihle tlf. er' and prove that they were in the possession ocf
At tit "uont, with a guilty knowledge. That they had
leNte, for with the exception of the alleged con-
stvid,Le With the officers there was not a particle of
_, ttr%:,to show any criminal' knowledge, and they had
qtkt4f:,_ interest in the event of the cause; and his col!-
nPalvertuT the seizure, in going into the very jaws of his
et. b„ PPressors, claiming some of the goods, and on
he did -„sin.eiss, showed that, so far as he was concerned,
vPI lie(4 !cn,,,,°w that he had violated the law. Besides,
l'lng °meets proved that the goods were all
sot th °PenlY about the warehouse, which was
lb,_
,e oittluet of Iclusg: himself openente wkohkanewthat he was thereby
ttentleptirootteubtez
the
jniondsoufc heavy penalty. If there
the Jury, that being a highly
a " 4 fit f JR', they were bound to give the defendant
-ad th: 0 it.
11.. TY ought to bile Crown had already got the goods,
be. •., A,nvi, _
.e content.
thl k PriYil replied, upon the speech of Mr. Erie, it
eiii:lodanttust yed. by the Crown to reply although
the j- Alanelin, 0 witnesses.
urY %um 4 (the Chief Baron) having summed up,
gAls.4 x
1.:i....
__Litt for the Crown.
tJ lure y (THIS DAY).
The ba„L „...-
hibli,hediihrupt in
ihi lax CAVE.
t2lead
thin; ne sun 3, caste, (wrhoich has been already
proprietor of certain tin
bti,'lltk- likei.,-Res in worked
511 alen on enormous round of their
t,, ...J. to he a, an profit, induced
I,httfs„--,,ilite shares to the amount of nearly 300,0001.
the Furth investigation of the case being fixed for this
k il.'le ,bankrupt and several creditors appearediiolulratd
N } '• WILLIANs read. the several sums which
1111011°8t on each distinct mine, which, in the aggregate,
'IN rated to 173,4241. 18s. 101 d, together with a later
they °I. 19,010 L 13s. Bd. The Learned Commissioner
ttlpt Droeeeded to read a letter from the bank-
that 1.0 Air. Bingham, one of the
thcreditors, stating
benefit of his
(,4, It. would be very muchhfos
Peth gingham's) sisters to purcare sheares in the Ros-
which he, from the
togNtiae4 to the amount of 5,0001,
:gkitteu. state of the concern,. would be glad to buy up
Kti, tt,d°,r 6,0001. in a year, if not approved of, as he ex-
-4411 vttleY would be at 125 premium, if not more, in a
t,:fheLtnt,e*
pp4try...,aatntkhrup_ t--. It was the general. opinion in the
osik.r at time that the
.m.ines were in the most
, i „Ns and flourishing condition.
~,`°4-%,,:, WILLIAMS---.There is no use in your attempting
(74th ris: that you heard those reports from competent
l'in;)0;1. In your last examination I gave you my
,1,14 °ll that subject. •
i'llicle rliPt--Thshares to which Mr. Bingham
ziitio,s, I Plirch°Se h rate of 10 per cent. Mr.
111.tlFtknt hirns;lfased at
d a bankrupt some time since
tllls,:tselsourt, when arpeosased him, and to that fact I at-
-4%. Ciis present oppositionoP to me.
14:41t1Silka.ti'oVILLIABIS—The bankrupt. said, in his previous
11R to di ny that he took no active part in endeavour-
4(sehtat or :tree!: share gentleman did ,Algiers haen, then., that
ot(11:1), anddpaiebrend
idefrtao, to dispose
banikmrulOtOthrtoong 3 his expenses? The
ttyteet cif the
lb
had been quite the
%-'4„,,,4 tr°l:4trai2htforjard or mercantile, and there had
,tits, , It
I.° 1111(1 deal of mining, as well as what was going
In one instance, such was the infa-
,ght wtth re,,.
,kl4'lo 1 thar, regard to those mines that a person
a L'e in to the amount of 5,0001., to raise which
W4-mapt "gaged even his wife's annuity. When. the
Nill'a,-,„,-)eaahnloe y) Pass his final examination, he (Sir C.
yt he tT.,,,111d unreservedly read all the. letters which
~4,% 011/1 1.1 the bankrupt and the parties with whom
Ne '4()le la: ted in these minino. affairs so 1.4 s to ace
1/qePt °Re tie ter in a clear light before they public. No man,
lilt, 4:e in fisquainted intimately with this case, would
kr() `lle elliir credulity of the public when anything
t4e1,,4-111 -nera °f making a vast profit on their money
t‘. -7 ole °D.g the number of speculators in this affair
"re \the st'3.lllen, whose shares amounted to 112,0001.
tf ht, than tlecitdators) he felt inclined to condemn much
.
tcksnin, le, oankrupt, for if, instead of a vast deal
1/4,3 48 It they possetsed the least common sense, such
llb,l, weui(;e, dragging ruin and destitution in thei
}lit,s9d, in laid, liot be of such frequent recurrence, He
h(±lttiti
,d'alleSS to the Irmkrupt, say that he consider/
1') the ~`,' kt° Pass his final examination, for he had
t'ffet' creceu an account as to be lucid and perspicuous
ttO to his;'ers ; however it would be for them to give
lii4e(Sir C. Williams) 'decision by refusing,
, , to (Sir
1 k‘il ikvc bank 'VI the certificate.
q,e rupt th , • examination touli-
-1)Is reniu„, , en unuerirent an
eeo re 'al Of certain pictures and furniture which
4ted itt°ved from Thomas's hotel, in which there
1'1.,1141.:(,:_featu....._ ,re °tgeneral interest. y .
' ANA3u CO URT.—(THIS DA .)
) )4,
-t, 'llot
c, OLD CO CTT
htlhAtk ,(1 TEALING BOOKS FROM THE BRITISH_
1:'ell iria "arleB Wilcox, aged 23, a decently-dressed
(4144„,)111.Iquainke,iiitnriatisahinudicutsedeumfo.r stealing a book, the pro-
,it e aha, conducted the prosecution, and Mr.
.Payne I
'kb• aPPear 'nee of Air. Chambers) defended the prisoner.
by It of x. e! that the prisoner, who had been in the
!)001t.,11Q ;ultig at the British Museum, was suspected
4lQ:'' IleC,,trs of that establishment of taking away
, Vaing ti,"as theyatched, taken into custody, and a book
%et' ill, s'ci. Alusenzn found in his possession.
tttqt!l*lte'ence, it Was contended that the prisoner
rn .1 IJOrr
The ° owed the book to read, and intended to
Air, Frison„„ ------- -
rt,ti,,,,,- Barg, receiVed an excellent character.
1',.4 the
~"..,11 Asizta'.... sox. summed up, and the Jury
ebiiue prist-msoner Not Guilty.
"A„titti 41111" was again indicted for stealing a book,
Ma,' husnishke Baronet," and also the first volume of
In-"ltek of Notre Dame" from the British
In •
Nae 44ditio
11,0. tt h_iii to the evidence given in the former
ri% hkruliKseller swore to the prisoner as the person
liCtta ofBl'hira the books produced, which one of the
t,,:,ty of tue British Museum swore had belonged to the
1.41ice.f3. of tbiloarti :stablishment. The tickets given by the
Nle. le clue:`, at the Museum to the. librarian for the
tt 11C1/44;t1", were found at the prisoner s lod ,ings.
Nr,„°' the tl '',Lns, for the defence, contended tolvit. t.hes
0 ,Zke ill being being found at his lodgings proved
books
his
`‘tl Auld ' 48'1'14 as if he had not returned the
a4,llt7h°l6lel.lthte'i,.3ll_,PNaln. g the officers of. that establishment
iair, at if h ' uutY, have got possession of those tickets,
kt
'h.' haV e 114(1 disposed of those books, as stated, he
tic
h_ destroyed the tickets, and not have left them
tit:4.l347'4's to fix him.
\ Prit,,,4 en ALDERSON summed up, and the Jury found
41'4.13,44 Guilty,
,11,ii„ rot, A
'1,4 by' t% Of CIioERSON, before passing sentence, made
111.40dgiv e Rev. Mr. Morgan, one of the gentlemen
the !lees
site the prisoner a character, as to what the
1424 of iatioll and pecuniary prospects had been at
the cOnitaiSSIOLI of the offence, and from his

L

• answers it appeared that the prisoner vvas a member of
the University of Cambridge, and had written several
articles for the Cambridge Magazine, fur which .he had
received payment, and that he was at the time
of tilt commission of the offence engaged on
a. literary work for a Cambridge publisher, which
was nearly completed, and on which the publisher
had advanced him money. The prisoner seemed,
according to the Rev. Gentleman's statement, to have
been tolerably well off. The person with whom he
]edged stated that the prisoner had not paid her, but
told her he had large expectations. Although not even
off, he was not in a state of poverty or want.
The prisoner having been called up for judgment,
Mr. Baron ALDERSON said, It was a most painful
thing to have to pass sentence on a young man who,
from his liberal education at a University ought rather
to have been in a situation to teach others, than to be
taught the lesson he would have to learn in his prison.
It was a most painful thing to see a person of the
prisoner's education ,in such a situation. During his
imprisonment, he doubted not but that the prisoner
would feel deeply the disgrace which he had brought
upon himself by giving way to temptation. He would not
add to those feelings by enlarging upon the subject, but
would at once pass on him the sentence of the Court,
which was that he be imprisoned for one year.

CHARGE OF EMBEZZLEMENT AGAINST A COLLECTOR

OF THE PARISH OF CLERKENWELL.

J. Hill was indicted for embezzling various sums of
money, the property of the parish of Clerkenwell. He
pleaded Not Guilty.
Mr. M. D. HELL having stated the case for the prose-
cution, called the following witnesses:—
James Pascell, examined by Mr. Bodkin—l am trea-
surer of the parish of St. James, Clerkenwell. I was a
guardian of the poor in 1838, and have continued so up
to the present time. Prisoner was a clerk in the office
of Mr. Selby, the vestry clerk. He was also appointed
to collect monies for affiliations, &c., for the Board of
Guardians. He was appointed in August, 1830. It was
his duty to pay to the Treasurer all moneys in his hands
belonging to the parish, when the same should amount
to 201. He had also to keep a debtor and creditor account
with each person from whom he received money, and
enter it in the ledger. The accounts were audited.
The accounts of John Hart, in the ledger produced, is in
prisoner's handwaiting. The last entry of payments by
Hart to prisoner is dated Sept. 10, 1838.
Cross-examined by Mr. CLARKSON—According to a re-

solution appointing the prisoner, Mr. Selby was to be
accountable for the moneys the prisoner might collect.
Mr. Selby has never been called upon to account to my
knowledge. I believe he has not been called upon to do
so. The parish has been unfortunate. The last person
was deficient 10,000 L The deficiencies of the pri-
soner I believe to amount to more than 1001.
Mr. Selby is still vestry clerk, but has resigned the office
of Clerk to the Guardians, in consequence of defaults in
the parish accounts. Prisoner had made payments to
the mcthers of bastard children for some years past, but
had not returned them in his accounts. I have seen him
make such payments. He had no orders to do so from
the Board. Prisoner has returned money as received by
him which he had never received, but which had subse-
quently been received by Mr. Selby, and paid by him to
the parish banking account. It might amount to 501.
That amount makes no part of the deficiency for which
the prisoner is indicted. I gave the prisoner into cus-
tody; there was no resolution of the Board to that effect.
I did it on my own responsibility. There were two
members of the Committee with me.

John Hart—l have been in the habit of paying money
to the parish of Clerkenwell for the support of a child.
I paid 10s. on the 23d July, 1839. I paid it at the gate.
I paid 10s. on the 20th August following. I made that
payment to the prisoner, his initials are placed against
the entry in my book, which I now produce. I paid
again in the following October. I have puid money about
twenty times from that date up to June, 1840.
Cross-examined—The, last payment I made to Hill
was in Aug. 1840. There was an order of affiliation
upon me.
Thomas Kemp—l was a gatekeeper at the workhouse
in Clerkenwell, in Oct. 1839. I received 10s. of the
last witness in that month, and passed it to the prisoner
as appears from my book which bears his initials. I will
swear I paid him before the Christmas following.
Cross-examined—Some of the money received by me
belongs to the parish, that I paid to Mr. Hill, some to the
women whose husbands paid it for them. My practice
was to settle the account with Hill, and either pay or
receive the balance. I bad paid a woman named Kelly
money, as it appeared to me on account of a bastard
child. I had authority from the prisoner to pay it out
of money whieh I had received.
Mr. Baron ALDERSON put it to the prosecution whe-
ther this testimony was sufficient. They must show that
the particular sum of 10s. had come into the hands of
the prisoner. New they had not shown which way the
balance was at the settlement in question. They ought
to show the definite sum embezzled had come to the
hands of the prisoner.
Mr. M. D. .11111 submitted that if they showed the
amount that would be sufficient.
(The trial was Foceeding when we went to press.)
NEW COURT.

The Recorder took his seat this morning in this
Court at nine o'clock, and disposed of several cases of
larceny of a very minor description.
ILLNESS OF MR. SERGEANT ARARIN.—In consequence
of the continued indisposition of Mr. Sergeant Arabia,
the Deputy Recorder of the City, and, in order that there
should be no interruption in the business of the Court,
Mr. Justice Coltman took his seat in this Court at ten
ten o'clock, and proceeded to try the cases on the list,
all of which were of a very ordinary description, many
of them consisting of robberies of pocket handkerchiefs
on Lord Mayor's Day, and larcenies of the most petty
description. , ,
John Mahoney was indicted with stealing eight horse-
shoes, the property of his master, Benjamin Whitmee.
The Jury, without any hesitation, acquitted the
prisoner. _ _

Mary Evans, 18, Catharine Onkfurd, 19, and Lydia
Miles, 20, were indicted for stealing one waistcoat, one
pair of trowsers, a ICI. bank-note, and eight sovereigns,
the property of Thomas Longfoot.
A policeman, who took the prisoners into custody,
stated that he was passing up Holborn on the day in
question, when he met the prisoners carrying a bundle,
and observing something, suspicious in the conduct of the
prisoners, he watched, and subsequently took them all
to the station-house, where they were searched, and the
articles named in the indictment were found upon them.
The witness afterwards found the prosecutor, who iden-
tified the property. On the person of Miles a key was
found, the property of the prosecutor.
The prosecutor stated that he met the prisoners, and
they enticed him into a house. He was much intoxi-

cated at the time, and, when he awoke in the morning,
he found his property gone. The house was No. 3,
Pleasant-court, Gray's Inn-lane.
Mr. DOANE and Mr. BALLANTINE, who appeared for
the prisoner, having addressed the Jury.
The LEARNED JUDGE was summing up when we went
to press.

THE MARKETS.-(THIS DAY.)
CORN EXCHANGE.

The fresh supplies of English grain since Monday
have been small, but of Irish Oats good. The trade for
every article was slack at Mondey's prices. Very little
sale for Flour this week.
NEWGATE AND LEADENHALL.

Meat of all descriptions was in good supply, the de-
mand dull, and prices as follow :—Beef, 3s. to 4s. ;
Mutton, 2s. 10d. to 4s. ;•.Veal, 3s. Bd. to 4s. 10d. ; Pork,
3s. 6d. to ss. 4d. per stone of 81bs.—Good supply of
Game and Poultry, with a pretty good demand at the
last quoted prices.