The Sun.
London, England, 1847-07-15 00:00:00

NORFOLK ClRCUlT.—Bedford, July 14.

The commission for this county was opened yesterday
by their Lordships, who also attendi d Divine service, so
thlt the two Courts were opened for the dispatch of
business this morning. On the Civil side, where Mr.
Baron Alderson presides, there was an entry of three
causes; one of these was undisputed, the second involved
a disputed right to a moat, and the third was a case of
assault.

The calendar contained the names of ten prisoners,
whose offences, excepting one of arson, on. of man-
slaughter, two of burglary, and one of stealing Post-
office ktteis. to which the prisoner pleaded guilty, were
of an insignificant character. Besides these, there was
an indiktnent for a misdemeanour under the Bankrui t
Act, which, having been found at the last assizes, was
taken at the sitting of the Court.
CROWN COUR f.—(Before Mr. Justice PArrEsoN.)
John Bithrton, aged 22, pleaded not guilty to an in-
dictment which charged that he, being a trader, had
committed en act of bankruptcy on the 24th day of No-
vember, 1846, by a declaration of his inability to meet
his engagements, whereupon he was afterwards duly de-
clared a bankrupt, and that theretofore, and within three
months, he had, by falsely pretending that he had a
large shipping order, obtained certain goods to the value
of 501. from one J. Taylor, at Luton, with intent to de-
fraud him.

Mr. Prendergast and Mr. Power appeared for the pro
secution ; Mr. Dasent conducted the defence.

It appeared that the defendant, whose brother-in-law
resided at Luton, in this county, where there is an exten-
sive trade in the straw-plait carried on, repaired to that
place in June, 1845, and there established himself as a
dealer in stravv-plait and bonnets. Although without
any capital, he contrived to push himself into business,
and shortly after married the daughter of a rich man.
His marriage did not check his pursuits of business, and
the prisoner accordingly entered into some further trans-
actions which did not appear to have led to any favour-
able result. Be that as it may, he repaired on the 22d
of August to the warehouse of Mr. Taylor, who dealt in
bonnets, arid representing to him that he had received
an extensive shipping order from Liverpool for such ar-
ticles, requested to be immediately supplied with 410
bonnets, adding that if he could not have them he be-
lieved he should lose a good customer. On this repre-
sentation Mr. Taylor consented to take the order, and
the goods were forthwith supplied. In about a week the
prosecutor heard some sinister rumours touching the sol-
vency of his customer, and repaired to his warehouse,
where he ascertained that the whole stock on hand was
not worth more than 51 It should be stated, that when
the goods were sent the defendant, according to the cus-
tom of Luton, gave his acceptance at three months for
them. This, like many others such, was not paid, for in
the meantime the crash came and the defendant com-
mitted an act of bankruptcy on the 27th of November by
the means stated in the indictment. At the close of the
case for the prosecution,
Mr. DASUNT objected to the reception of the bank-
rupt's examination in evidence against him now, as be
had not been caiflioned before he gave his answers, and
the examination itself was on oath and compulsory
This question, he believed, was still under consideration
by the fifteen judges in Garbett's case. The Learned
Counsel, also, at the close of the case for the prosecution
(which embraced an admission by the defendant of the
fact that he had not had any shipping order from Liver-
pool), submitted that the case did not fall within the
Act, which contemplated the fraudulent assumption of•
the character of a trader by a bankrupt rather than the
fraudulent obtaining goods by an admitted trader. The
woris of the Act 5 and 6 Victoria, chap. 122, sect. 35,
were—" If any bankrupt, under the false colour and
pretence of carrying on business and dealing in the
ordinary course of trade, shall have obtained goods on
credit from any other person with intent to defraud the
owners ;" and he submitted that the facts of this case
did not fall within the spirit of these words.
Mr. Justice PATTESON (having consulted Mr. Baron
Alderson,) intimated that they were both agreed
in overruling the objection of the Learned
Counsel, it being their clear opinion that the statute
applied to the case of a trader who obtained goods, in the
way of his trade and in the ordinary course of dealing,
with a view to defraud the owner. He might 5150 say
that he had spoken to his Learned Brother on the other
objection, as to the admissibility of the bankrupt's ex-
amination against him, and that they both thought it
was receivable. It was not necessary to caution a bank-
rupt, and he was obfiged to answer all questions put to
him on oath under the pressure of the laws relating to
bankrupts. He (Mr. Justice Patteson) never had enter-
tained any doubt as to the propriety of receiving such
evidence on the ground of its having been given under
the compulsion of such an examination ; and he might
say that, though no judgment was y( t pronounced in
Garbett's case, there was no difference of opinion among
the judges on this particular point. The case must,
therefore, go to the jury.
Mr. DASENT having addressed the jury on the merits
His LORDSHIP summed up the evidence to them,
leaving it to them to say whether they thought the de-
fendant had been actuated by the intent laid in the in
dictment.
The jury having found the defendant Guilty, he was
sentenced to six months' imprisonment, without hard
labour.
CIVIL SIDE.— (Before Mr. Baron ALDERSON.)
EUSTACE V. NEAL.

Mr. O'Malley and Mr. Weila were counsel for the
plaintiff; and Mr. Sergeant Byles appeared for the de
fendant.

This was an action of trespass, in which the plaintiff
complained that the defendant had interfered with and
interrupted his rights in respect of three sides of a cer-
tain moat dividing his land from that of the defendant.
From the evidence adduced it appeared that the moat in
question surrounded a piece of laud belonging to the de-
fendant, called Moat Close; that that close was ap-
proached by a road across a common and by a causeway,
and that on three sides the moat was bounded by the
property of the plaintiff, and on the fourth by that of one
Holmes. On the part of the plaintiff it was shown that
he derived his property from the Ellingham family, who
held for three generations under old Molly Effingham;
that during the earliest times the Ellinghams had
exercised rights of ownership over the moat adjoining
their lands tilt within the last twenty-five years; while
Holmes, who bought from one Falcon, had claimed and
exercised similar rights during the corresponding period
of time. On the part of the defendant it was proved
that he had derived the moat close from the Fountains,

who held it for three generations, and it was also shown
that rights of ownership similar to those proved by the
plaintiff had been exercised by the Fountains, but rot
later than 41 years back.
Mr. Baron ALDERSON left it to the jury to say to
which side they would incline. There was proof of
ownership on both riles, but that of the defendant had
not been brought down tor so recent a period as that of
the plaintiff; but it wa- for them to say whether the
moat in qu,‘stion belonged to the moat close or to the
adjoining lends.
The jury returned a verdict for the plaintiff.

A deputation from the Central Board of Scottish Dis-
senters, headed by the Rev. 1)r. Taylor, of Glasgow,
and introduced by the Right Hon. the Secretary at War,
had an interview with the Lord President, at the Privy
Council Office, yesterday, wi-h reference to the recent
minutes of the Committee of Council on Education.
DUNDEE TRADE REPORT. Our markets have
Iseedinofsmcoalioi ugruaanndti t qieusalai tty
aibs
oiuntqutiorremd
earftreariesa.n
undergone no change during the last eight days. Flax
Ps
aolsesaebsd it
In
hemp and hemp codilla there is little or nothing doing
for want of supples. East India jute continues rather
scarce, and meets ready buyers, at prices varying from
221. 10s. to 241. los. per ton, according to the colour and
quality of the parcels. The arrivals from foreign ports
during the past week consist of one vessel from Riga,
one from Revel, and one from Altona. loaded with flax,
&c. The last accounts from the, different Baltic porn
advise no important change in the position of any of the
markets. Prices of flax and codilla were maintained,
without much activity in business. The weather
throughout the continent is still reported as uncom-
monly fine and favourable for the young crops of all
sorts.— Duria.ee Courier
The Lord Advocate of Scotland and Mr. Gibson Craig
had an interview with Earl Grey yesterday at the
Colonial-office.