The Sun.
London, England, 1847-03-04 00:00:00

VICE-CHANCERY.-(THIS DAY.)

(Before .'3ir J. \\ lUKAM.
I,\UDEP. V. INGLESOLE.

This was a motion on the part of the ckfen,lai,t, who is en
executor, to set aside an order of the Court in reference to
costs on the ground that he had not teen served by tl.e
plaintiff with the requisite notice.
1113 HONOUR delivered judgment to-day, and dismissed the
motion with costs,
TIPPING V. CLAIIKE.—(JUDGMENT).
This was a bill filed by the plaintiff, alleging that the de-
fendant had surreptitiously and fraudulently obtained copies
of his accounts by bribing his clerk. The bill prayed that
the plaintiff might be restrained from publishing such copies,
and also for the costs of the suit.
His Howoun delivered judgment to-day. Taking the case
merely of a clerk having given these documents surrepti-
tiously, he had no difficulty in granting the injunction, for
he should consider the defendant in the same position as
the clerk whom he had induced to furnish him with the
copies referred to. But it was his duty to ascertain whether
or not it was the intention of the defendant to publish these
papers. The only :evidence was a letter which had been
written by the defendant himself to the plaintiff. It ap-
peared that the defendant had tiled a bill against the plaintiff,
to which the latter demurred, and the letter in question was
written thereupon. His Honour here read the letter, which
contained the fallowing extracts:—" I know the contents of
your books as well as yourself, and with these I shall make
your creditors acquainted." " I intend to call a meeting of
your creditors shortly, to he held in Clonmel, and you may be
satisfied that you shall have Chancery suits sufficient to satiate
your appetite." The defendant, in his answer, admits that
at the time of writing that letter it was his intention to carry
his threat into execution, but states that he entertains no
such disposition now. Under these circumstances he would
not grant the injunction.
Bill dismissed without costs.

SHERIFF'S COURT.-(THIS DAY.)
(Before Mr. Under-Sheriff BURCHELL
ABSENCE OF COUNSEL, &c.—This morning several causes
were struck out of the list, in consequence of the absence of
parties. In the first two cases counsel appeared for the de-
fendants, but the plaintiffs were not prepared; in the third
no one appeared, and in the fourth defendant's counsel was
not prepared.
The UNDER•SHERIFF said the cases must proceed. Parties
must be prepared at the sitting of the Court, and if not ready
when called upon the cases would be struck out. The incon-
venience was very great.
EDWARDS V. WATKINS.
This was an action brought by the plaintiff, a journeyman
bricklayer, against the defendant, a builder in the Minories,
to recover the sum of 71. Bs. 10d , the balance of an account
for work and labour done.
Mr. THOMAS, for the plaintiff, called a witness, who spoke
to the value of the work.
Mr. NAYLOR, for the defendant, said that he was placed
in a position of considerable difficulty, in consequence
of the other causes having gone off, as he only an-
swered for a Learned Friend who had not arrived, and he
therefore had no brief.
Witnesses were called, who proved that the work was done
in building four cottages at West Ham, and the question
was, whether the work had been properly done and properly
measured. Plaintiff had previously summoned defendant
to the Court of Requests for 3/. 17s. 7d. for day work,
and there was no demand for piece-work, but the Court re-
commended a disinterested person to look over the work,
and defendant would not assent unless he named the sur-
veyor, and plaintiff first paid half the expenses; and the
consequence was, that plaintiff employed the witness called
for him in this cause. Defendant engaged a person named
Young, but his evidence was rejected by the Commissioners.
The UNDER-SHERIFF said he could not hear evidence of
what the Commissioners said, as neither the plaintiff nor de-
fendant had a reply as against them ; anything plaintiff or
defendant said at the time could be now heard.
Other witnesses were called, who considered the work was
not done properly, and even if it had been 30s. per rod would
be sufficient, instead of 40s. charged, whereas, being badly
done, it required work to the amount of 10/. or 11/. to " hide"
it with " compo."
Mr. THOMAS, for the defendant, said that the reference had
been made in consequence of the defendant disputing the
amount, but by measurement it came to the present amount,
but which was above the jurisdiction of the County Court.
There could not, at all events, he any question as to the
claim of :31. 17s. 7d., and plaintiff was obliged to come into
this Court.
The UNDER-SiiEln?F said the defendant had pleaded pay-
ment, and the question was, whether the 161. already paid
was sufficient for the work. It was agi eat pity the parties
had not agreed, instead of putting themselves to great ex-
pense. He (the. Learned Judge)- was not prepared to say
that plaintiff was not entitled to bring his action for the
larger sum, as the first had been disputed, but persons ought
always to see their full accounts before they began pro-
ceedings.
The jury gave a verdict for the full amount
Mr. DuseAN, for the defendant, moved for the writ to be
tained till next term: first, on the ground that no letter
could be referred to by a witness, even though in his own
handwriting, to refer to a date, unless the letter was put in ;
in the next, that the verdict was against evidence; and last,
that the damages were excessive, as the plaintiff could not
claim beyond 3/. 17s. 7d.
The UNDER-SHERIFF said he would retain the writ for
five days.
Mr. THOMAS said that would be taken that the Under-
Sheriff disapproved the verdict.
The UNDER-SHERIFF said, he did not, but had a doubt as
to the amount of the verdict.
The case lasted three hours. .
ASSAULT,--FIELD V. STAINING.
This was an action for assault. It did not appear who
the parties were, or the circumstances under which the as-
sault took place.
Mr. THOMAS (for the plaintiff) said the defendant had
admitted that he had committed a wanton and unprovoked
assault on the plaintiff, and as he did not appear now, it
would be only necessary to show the extent of the injuries
the plaintiff had suffered.
Mr. Medians, residing in Red Cross-square, was called,
and gave evidence that he was acquainted with the plaintiff,
atga god'ed at the same work
for threet weeks, and the bruises did not leave him for five
weeks. Plaintiff was a clerk to an auctioneer.
By the jury—He had half-a-guinea a day when engaged,
which was, on the average, three days a week.
Mr. 'Thomas said that was the plaintiff's case.
The UNDER-SHERIFF said the case was now before the
jury. It was admitted by defendant that he bad committed
the assault, and he did not appear to offer anything in miti-
gation ; they must therefore assess the damages on the evi-
dence before them.
The jury consulted a short time, but could not agree on
their verdict.
Mr. THOMAS said that the defendant admitted the assault,
and if he had thought it necessary he could have given evi-
dence which would have brought heavy damages.
The UNDER-SHERIFF said the evidence was of the most
meagre character: there was not the slightest information
or explanation given by the plaintiff himself. The jury had
only the dry fact that an assault had been committed.
A juror said there was no evidence as to the nature and
extent of the violence on which they could found their.
damages.
The UNDER-SHERIFF said they must CO the best they
could on the evidence adduced.
The jury ultimately gave a verdict for 5/.

CRIMINAL COURT.-(THIS DAY
OLD COURT.

(Before the LORD CHIEF BARON and Mr. Justice COL
RIDGE )
ROBBERY OF DIAMONDS UPON THE DIGIT SEAS.

Robert Kerr, aged 28, a mariner, was indicted with steal-
ing two packages of diamonds, value 3,3001., the property
of John M'Millan and others, upon the high seas, within
the jurisdiction of the Admiralty of England, &c.
Mr. Clarkson with ➢lr. Doane were for the prosecution ;
Mr. Ballantyne with Mr. Baldwin were engaged for the pri-
soner.
Mr. CLARKSON opened the case, and at considerable length
traced the act ions of the prisoner from the period at which
the diamonds were consigned to his care at Bahia, until he
was taken prisoner at Montreuii in France.
The particulars will be found fully detailed in the evidence.
The first witness called was
John AP:Millan, part-owner of the barque Levenside.
Archibald M'Kechnie, of Greenock, and Mary M'Alillan, of
Greenock, were his partners. He had known the prisoner
for three years. 1n2,/the month of September, 1845, the
Leveuside sailed in ballast from Greenock to Ardrossan, for the

purpose of being laden with coal. The prisoner was then
master of the barque. She returned in the month of Janu-
ary, 1847. Witnes had been expecting the vessel for a long
time before, and, in consequence of some information he had
received, he went to Deal about the Bth of January. The
vessel anchored in the roads, and witness went aboard of
her, and found that the prisoner was absent, and the barque
in charge of the mate and a yoang man about 20. In conse-
quence of what the mate said h searched the cabin, and
had a drawer there broken open. He found no diamonds
there. He found the two bills of lading produced in the
ship's registered box, where the ship's papers were usually
kept. Lieutenant Back, of the Coast Guard, vas
with him at the time. The signatures to both the
duplicate bills transmitted to the consignees were
in the handwriting of the prisoner, Captain Kerr.
—(The documents were read. )—Witness only boarded the
vessel for a few minutes. The barque arrived in London on
the 23d of January. On the 25th he went, in company with
Forrester, to Dovor, and subsequently to Montreuil. They
went into a hotel there, and the prisoner came there. Ile
said, when he saw the witness, " Oh, you are there, Mr.
M`Millan." They were then in the dining-room, and they
returned to witness's bed room. Forrester then asked pri-
soner what be had done with the property, and prisoner pro-
duced a bag of gold containing 841. saying that was
all, he had been robbed of the rest, he imagined he had been
robbed in the carriage by a person who had got out as Ash-
ford. Prisoner was searched by Forrester, and they after-
wards dined. Witness told prisoner that as he supposed he
must have been unhappy for a long time he had better take
his dinner that night, and make himself as comfortable as
possible. The prisoner after dinner asked to speak to him
again, and they went to the bed room. The prisoner took
off his boot, and took out a roll of notes to the amount of
2001., which he handed over to witness. Prisoner after-
wards said in a contrite manner, " I suppose I must be
transported for this." On the way home from France,
Captain Kerr told witness that he had gone to "the Albion,"
in East Smithfield, but found that the parties who formerly
kept the house had left. He went to bed, and in the morn-
ing when he wanted his coat brushed, and, in order to get it
done properly, he was obliged to take sonic parcels out of it,
and either Mr. Foreman or Mr. Iloare asked what he had
there? The prisoner said, these are diamonds, and added,
can you sell that small parcel for me? The person said that
he had no doubt he could, but he ceuld do so better if the
other parcel was combined. The prisoner then authorised
the sale of both parcels. The prisoner also informed him
that he had received about 1,100/. in all for the diamonds.
He also asked if Mr. Foreman and Mr. Iloare were in cus-
tody ; and when told they were not, he seemed consi•
derably surprised. He also said a Deal boatman had boarded
the " Levenside" in Mid Channel, and said that two gentle •
man were waiting him at Deal. The Captain said, "These
are my owners," and lie went ashore with the boatman, al-
though remonstrated with by the mate.
Cross-examined by Mr. BALLANTINE—The diamonds did
not appear on the ship's manifest. There were no other
portions of the cargo omitted. During the journey from
Montreuil he endeavoured to make the prisoner as happy as
possible. Ile believed that they had only two conversations
on the subject of the robbery; in fact he ( Mr. M'Millan)
rather wished to avoid the subject. He did not remember
the prisoner saying that he was drunk when he went to bed
at Foreman's, nor did he say that Foreman was in his bed-
room before he awoke, nor did he say that Foreman had cut
the strings of the parcels.
Daniel Campbell, mate, and son of the part owner, re-
membered that the vessel was caulked at Bahia. He was not
then aware that there were diamonds on board, but ascer-
tained it on the homeward voyage. One day he went down
into the cabin and found the master overhauling papers. Ile
did so to. He saw two bills of lading mentioning diamonds
by themselves and he asked the master why they were by
themselves ? The prisoner said that it was in case they should