The Sun.
London, England, 1841-01-28 00:00:00

BAIL COURT.-(THIS DAY.)

(Before Mr. Justice WILLIAMS.)
The Court was engaged during the whole of the morning in
hearing motions, none of which, however, were of any public
interest.

COMMON PLEAS-.(THIS DAY.

(Sittings in Banco.)
MUNN V. JOHNSON AND OTHERS.

This was an action for trespass, brought by a tenant against
his landlord and the brokers for an illegal distress. The de-
fendant pleaded a justification under the Statute, rent being
due, and the plaintiff having fraudulently removed his goods
to avoid a distress. The plaintiff's case was that the seizure
took place some days before the rent was due, according to the
terms of the tenantcy. But Mr. Justice Alaule, before whom
the cause was tried, left it to the Jury to say whether rent was
due at the time of the seizure, and whether the plaintiff had
fraudulently removed his goods? The Jury answered both
questions in the affirmative, and the verdict was taken for the
defendant, subject to an objection raised by Mr. Sergeant
Bompas for the plaintiff, that the amount of rent due was
not proved ; and that his Lordship ought to have asked the Jury
to say, not in a general manner that rent was due, but whether
the specific sum yet out in the pleas was proved to have been
due before the seizure. On this ground Mr. Petersdorf since
obtained a rule to enter a verdict for the plaintiff, against
which Air. Platt this day showed cause, contending that the
plaintiff having admitted in his counsel's opening address that,
there was rent due to the amount of 71. 103., it was not neces-
sary for the plaintiff to tffer evidence of that admitted fact.
Mr. Sergeant BOMPAS, in reply, stated that the verdict was
contrary to the facts, and that if the defendant had been re-
quired to prove the terms of the tenantcy, it would have ap-
peared that rent was not due at the time of, nor for two or
three days after, the seizure.
Mr. PLATT said that the Jury had bound on the evidence
that rent was due, and that the plaintiff fraudulently removed
his goods. But as there was now some doubt as to whether
enough was proved, he was willing on the part of his client to
agree to a stet processus.
The Loan CHIEF. JUSTICE thought the offer a very fair
one. The utmost the plaintiff could expect was a new trial,
for it appeared that on the other side there was evidence be-
hind, which was omitted through misapprehension. If the
plaintiff had brought th's action for excessive distress, the
goods being stated to be worth 301. and sold for 71., the case
would stand differently.
Mr. Sergeant Bompas, having consulted with his client,
agreed to the suggestion that all further proceedings be staid,
each party paying his own costs, including those of the present
rule.

WARD OF FARRINGDON
WITHOUT.

The following was the star
of Common Councilmen, at t
Mr. Blacket
Obbard 440
Woolatt
Taylor 428
Barnard
Harding
Gresbam
Bedford
Anderton... .
Beckwith 3781

tte of the poll for the election
the final close, on Wednesday:
Mr. Hodgson
Burn
Wells
Charles
Ramshaw
Galloway
Marriott
Price
Sweet
Clem Mitt 37

Edkins .
3761

'Duke, after a careful revision
ipwards of two hours, declared
duly elected, consequently
and Mr. Price, who are old
tire.

The Alderman, Sir James
of the ►ists, which occupied uJ
the first named 16 gentlemen
Mr. Galloway, Mr. Marriott,
Common Councilmen, now re

WOOLWICH-WEDNESDAY.

ROYAL ARTILLERY.

It has been the usual custom to take prisoners
awaiting trial, &c., to their barrack-rooms every morn-
ing for the purpose of cleaning themselves, they not
having their cleaning utensils in the guard-room ; but,
in consequence of the escape of a prisoner on Sunday
morning last, when returning from the barrack-room to
the guard-house, prisoners arc not to be taken to
their rooms to clean themselves in future, as ar-
rangements will be made in the guard-room for that
purpose. The prisoner who made his escape was
gunner and driver Jickson Horner, of the 4th
battalion, who was brought back to Woolwich as a
deserter, on the 16th instant, from Portsmouth.
This man has only been about two years and a half in
the service. He deserted in June last, and enlisted
the following day into the Ist Royal Dragoons, but
was apprehended on being inspected by the surgeon,
the mark of his regimental type being on his clothes.
He was brought back to Woolwich in July, tried by a
Court-martial, and sentenced to fifty-six days' imprison-
m nt ; l ut on account of his being a young soldier lie
was not sentenced to be marked with the letter D.
Notwithstanding the leniency shown to him, lie again
deserted in November last, when under orders for
foreign service, and enlisted into the 35th Regiment at
Portsmouth, from which ho deserted, and enlisted into
the Royal Marines ; from the latter corps he attempted
to desert, but was detected, tried, and sentenced to
solitary confinement. While undergoing this sentence
he was claimed by the 35th Regiment, on which he con-
fessed himself a deserter from the Royal Artillery. He
was then given up to that corps, and it was intended to
bring him to a general Court-martial had he not escaped
from the sentry on Sun lay morning, running across the
barrack in the direction of Shooters'-hill and the Black-
heath road. Patroles were sent to look after him, but
he has contrived to keep out of the way.

STORMING THE SANCTUARY.—The various
tumults in London, in which the passions of the fierce
democracy are alternately soothed or excited by their
leader, and his appeals for justice on behalf of the
oppressed, are depicted with great power and spirit in the
new Romance, " Longbeard, Lord of London." Out-
lvred by the State, and excommunicated by the Church,
Longbcard makes a last appeal to the people, in whose
cause he was sacrificing himself, but the giddy stay
slipped frcm under him, and he flies from present peril
into the sanctuary of St, Mary le Bow, followed by his
betrothed and a few staunch adherents. Some fretful
and pathetic scenes follow, conceived with much skill and
fine poetic fancy. The sanctuary is stormed by fire .(t
sword, but while their &-s:,ciatcs perish in the coillagi -
Lion the lovers are snatched from its horrors by an Lc,-
looked-for agency—but we must refer to the work itself,
which, besides the vivid picture it presents of the man.
ners of the time, sustains the read. is interest from the be-
ginning to the end.—Caledonian Mercury.
THE WALSALL ELECTION.—We are in-
formed that the private accounts received in this town
from Walsall are extremely favourable to Mr. Smith; and
it is evident, from what appears in the Tory newspapers
on the subject, that Mr. Gladstone's friends are become
alarmed by the present aspect of diliirs in the buroegh.
Whether there is any good gretn:d for the hopes of the
one party, party, or the fears of the other, ;a a point on which
we cannot venture to offer an opinion; but it will give
us great pleasure to find that such is the fact.—Man-
chester Guardian.