The Sun.
London, England, 1847-05-25 00:00:00

to be given to the plaintiff, the Court would not justify
the verdict by a judgment. The decision, therefore, to
which he (the Lord Chief Justice) came was, that the
judgment of the Court on the first count ought to be
affirmed, and on the second that it ought to be
en-
tered up.
Mr. Justice COLTMAN coincided in this decision, on
the ground that there was not sufficient consideration ill
the declaration.
Mr. Justice ;MAULS thought that the first count was
bad, and that the defendant was entitled to a verdict on
the plea of non-assurtipit. With respect to the second
count he thought that there was no evidence to show
that the plaintiff was to be retained for more than the
year. The fact was the plaintiff was to give his service
for NU a year, instead of sending in a bill, and he did
not think, therefore, that there was any obligation what-'
ever to continue the services of the plaintiff even for the
year ; and although it might be looking et
with great nic ty to consider it in this view, that
nicety had been provoked by the allegation that there
had been two breaches for it, and was evidently shoal
that no consideration had been rendered.
Mr. Justice CRESSWELL quite coincided in what had
fallen from the Lord Chief Justice, for it eat fics:
that the term permanent must mean some especial ,e-
-ration, so that the term was not indeterminate, and the
plaintiff consequently had no right to an unceasing
engagement.
nm eTtiite shown,Ou dangn trndh countteemostne:cteohcineudreenfitilr)e,, n
wot there was
lea could
Ind° bc::;;
should be entered for the defendant, and on thet n
c
count that judgment should be arrested. eecr ia

BOW-STREET.—(THIS DAY.)
A tall middle aged man, wearing a heavy moustache,
aandcti
acting
havingur onmluheeh
advicethe a po
fp
ea
hisr attorney,
of
a foreigner,
Mr• Wolff,
fused to give his name, was brought before Mr. Jardire-
ne,
having been remanded from Saturday on a charge 011
suspicion) of being concerned with Mary Cleveland its
causing the death of her male child, three days old, °I;
Friday last, the 21st instant. The woman Cleveland
was not in custody, not having jet recovered from her
confinement, which took place on Wednesday.
It appeared on the former occasion, that for some tin°
previous to her confinement Mrs. Cleveland bad fre'
quently been heard to say that she would make no pl;?;
parations for that event, as she was certain the OUT
had been settled on the child, and in case of
would be still-born. She was also heard to say tbat 100'.
its desalt
that money would become her own. Mr. Booking„, °
Bow-street, attended her, and was of opinion that icrwr,,
a perfectly healthy child and likely- to live. Lt
--
child was taken to dry nurse by Mrs. Bar"-fe
that day (Wednesday), and on the
immediately after its birth. She took it 11°—.
(Thursday) it was sent for by Mrs. next city
and remained with her for some tin... The next dails
Mrs. Barber brought the child at about three o'clock
isc
_ the afternoon, and called again to take it away stb:ot
,e five o'clock, when she was told Mrs. Cleveland 10,t15",-,--Da
be disturbed. She waited till about halipast -la
was then shown into Mrs. Cleveland's room. The child
was ?Sing on the bed, and Mrs. Cleveland eta
it was asleep, but on taking it ut di"
found it was dead. The face was 02"
coloured, and there were marks also on the throat, w.aco
latter disappeared the next day. Mr. Booking was 701.,
Clevelan
for, who, with Mr. Guthrie, made a post mortenz era.
nation, the result of which confirmed the suspicion tair
the child had not died a natural death. The prisoncert
who had been living with Mrs. Cleveland for some %In s;
was seen by a perscn named Charles Smith, Who .
sitting in the parlour at the time, to leave the house alai
stealthy manner during the time that the child was wiit
j
the mother. The prisoner's name was not Brown, x
the servants, among themselves, bad nicknamed Dill'
" •
On the p risoner bein laced at the bar this more
ift
The witness Charles Smith came forward and said Ow'
t his name was not Smith, but Tester.
F Mr. Woltf—Although I questioned this young inglllos
particularly on this pint, he said Isis name was
Tester but Smith.
Mr. Burnaby, the chief clerk, read the young °ladt.!
evidence on the former occasion, in which he sal e
" My real name is Smith; I have never been known by
the name of Tester, nor by any other name but bolo"
I swear hat—l am cautious." nOt
itae,'
Smith but Tester. I gave a false name before?
Mr. Burnaby Arid you now say, " name .
—Yes; that is right.
applied for a remand till Thursday, as the inquest, Wilt.'
was held yesterday, had been adjourned.
Mr. Moseley, i n the part of the parochial authorkti,e_sz
to juyify the detention of the prisoner
prisoner kept in
Mr. Moseley had no wish to have the
Mr. Wolff submitted that there was .iniocusustoiEdelye.nt case
custody, but would be satisfied if he were ordered to find
bail for his appearance.
Mr. JARDINE would remand the prisoner till Thumday,. hut if two good and sufficient sureties in 50/. eads
were found by the prisoner, he would be liberated.
.
The prisoner not being able to procure the ileaeSsarY
sureties in time, was removed at two o'clock in the
prison van, with the other prisoners who had been coin
mitten or remanded on various charges in the course
the day.