The Sun.
London, England, 1840-05-13 00:00:00

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COMMON' PLEAS.-(THIS DAY.)

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This being the last day of term, the Court was unusually
crowded. Since the revival of the old exclusive privilege
of the Sergeants, and the creation of several new ones, they
have mustered in unwonted al ray—and instead of barely
occupying as before the front row, entirely fill two benches,
at least fifteen or sixteen being present.
The LORD CHIEF JUSTICE delivered judgment in several
cases, which were, however, mostly upon points purely
technical, and therefore to the public uninteresting.
One judgment, however, decided a great many cases,
in which the Solicitor-General, Mr. Sergeant Merewe-
ther, Sergeant Talfourd, Mr. Henderson, Mr. Tomlinson,
and other counsel were coneer, ed. The point decided
w< a important to joint stock companies, viz., that when
judgment had been recovered against the officer of such a
company, a suggestion, as it is called, could not be entered
upon the record, without certain other parties were part-
ners, in order to recover against them, but recourse must
be had to scire facias.

EXCHEQUER COURT--THIS DAY.

JONES V. HUGHES.

Mr. Winfams showed cause-against a rule nisl, ob-
tained by Mr. Richards to set aside a verdict for
501, obtained by the attorney for the plaintiff in this case.
after the action had been settled between the plaintiff and
defendant. From the affidavits, it appeared that the plain-
tiff had fitted up some machinery for the defendant, and
having failed to perform the contract, the defendant refused
to pay the amount the action was commenced for-751. In
March last, the Assizes being fast approaching, the plain-
tiff and defendant met, and the plaintiff expressed a strong
wish to settle the action, as, although the defendant had
money to go to law, he (the plaintiff) had not. Being near
a public-house at the time, they entered end sent for a
mutual friend, when an agreement was drawn up and signed
by both parties—each to pay their own costs, and the de-
fendant to pay plaintiff what sum of money be, in his ho.
nour and conscience, thought was due to the plaintiff for the
work done. The costs then incurred by the attorney for
the plaintiff amounted to 501., for which sum he proceeded
and obtained a verdict. The Learned Gentleman contend-
ed that the attorney had a perfect right to proceed and
keep his verdict, because, although it did not appear in the
agreement, all the circumstances of the case cle,rly showed
that there was collusion between the parties to keep the
attorney out of his costs.
Mr. Bawl( PARKE— You must show that clearly, because
an attorney gives credit, and can only look to his own diet,:
for his costs, and a plaintiff and defendant had a right to settle
an action how they pleased. Unless fraud and collusion
were shown, the attorney bad Ito right to look to the defen-
dant for his costs.

Mr. WILLIAIHS—The affidavit very clearly showed the
collusion. The plaintiff• was a very poor man, an insol-
vent, in fact, and the defendant a rich man. The plaintiff
said the agreement was got from him after he had been
drinking a low: time in a public-house in Brecon ; and that
the defendant, knowing the amount of costs incurred, said,
" Oh, never mind the lawyer : you are a poor man ; here
is 151. for you and your children ; keep it, and never mind
Mr. Thomas." It was evident that he intended to defraud
Mr. Thomas of his costs, and sue himself the sum of 351.
He submitted that t'ae rule ought to be discharged.
Mr. KELLY (who was not present when the ru'.e was
moved) followed on the same side. It was quite evilest
that the plaintiff, as well as his attorney, had been de-
frauded by the defendant. The plaintiff was a very poor
man, and had been tempted by the defendant to sacrifice
his own interest as well as that of his attorney. He
trusted that even if their Lordships should think the ver-
dict ought not to stand, they would not give the defendant
any costs against either the plaintiff or attorney, for it at
all events was a clear case of suspicion.
Mr. RICHARDS, in support of the rule, denied that there
was the least colour of collusion in the agr2ement between
the plaintiff and the defendant, The defendant wished
to make the best bargain he could. He denied that the
plaintiff had any claim upon him at all, but not wish-
ing to go into Court, after an arrangement which was in
progress for tea days, they at last entered into the agree-
ment by which each party was to pay his own costs. Was
there anything like collusion in such an agreement ? He
had affidavits showing that the plaintiff, both on the
evening of the day the agreement was entered into, and
four days afterwards, when be had received FA from the
defendant, said to several friends that he had entered
into an arrangement with the defendant, with which
he was perfectly satisfied. In making the arrange-
ment his prncipal object was to settle the action, and
he urged that he would have to pay the costa as an
argument why the defendant should pay him more money.
Mr. PETERSDORFF followed on the same side. There
was no pretence for saying that in this case there was any
collusion between the parties to cheat the Attorney, and
according to all the cases that must be proved affirmatively.
Mr. Baron PARKE said there vas no doubt upon the
law in this case. There was no doubt that a plaintiff was
master of his own actions, althoug attorneys seemed very
often to forget that fact, and thoug ht the action was merely
for the purpose of recovering their costs, and not damages.
The law was clear, and he was of opinion that it was
clearly made out, that th-_, ag,;rcement in this case
was made in fraud of the Attorney, but not
of the plaintiff. Here was a poor roan whom the defend-
ant knew to be in insolvent circumstances—he was well
aware that he could not pay the cot is to his attorney, and
he tempts him with 151., telling him at the same time
never to mind the attorney, but to I :cep the money for him-
self and his family. It was clear tl ,at he intended to keep
the attorney out of his costs.. fhe rule must be made
absolute—the verdict being recline d to Is. damages, which
would carry the attorney's costs.
Mr. KELLY applied for the cc mils of the motion—it was
moved with costs.

Mr. Baron PARXE—Certainly ..—Rule absolute.

CRIMINAL COURT -(THIS DAY.)

(Before Mr. Baron ..ALDEtcsoN.)
Samuel Bailey, a seaman, wr a indicted, capitally, for
cutting and wounding Wm. Coo In bes with a hatchet, with
• intent to kill and murder him.
Mr.Espinasse conducted the p rosecution.
The prosecutor deposed that he was a seaman on board
the Sprightly schooner,• which la !ssel, in the month of
April last, was on her vr,yage fro' n St. Michael's to Fal.
mouth. On the 20th of that mu stn, about eight o'clock
in the evening, the prisoner' asked him where he had laid
the axe, and he told him it s vas under the windlass, and he
saw the prisoner, go and get it, an d place it in the gaily.
The prisoner then entered into dlons wersP,tion with the Cap-
tain, and they conversed toget'hey .;ig near ten o'clock,
when the Captain i.ent down 1 ielow. The conversation
was friendly, and the prisoner 'w cut below with the
Captain. In about ten min uses afterwards they
both returned upon deck, and vet 7 sluirtly afterwards the
Captain exclaimed, " Murder-4 alit a dead man." At
the same instant the prisoner can ne running towards him
with an axe and a knit:: in his han 3, the blade of the knife
being against the hanche of the r ,xe. The prisoner then
said that if he (witness) spoke, I to was a dead man. Wit-
nest said, " Good God, S'arn, is t hat )ou ?" The prisoner
made no reply, but struck him wi th the axe upon the head,
and the blow cut through his I tat and wounded his head.
Witness laid hold of the ax e. and t/ no prisoner then cut his
hands with the knife, and tried to 1 et at his throat ; and in
so doing he inflicted a ,vrouad a ;der his eye. Witness
called out, and the mate Cara° up, when the prisoner
was secured. The priso nor v vas quite scher at the
time this took place, and th, jy h ad been very comfortable
all the voyage,
By the COURT—The prisonor was detained on board
the Sprightly as a deserter fros n her Majestrtk service.
He supposed the object of the 1 wisoner was to make his
escape.

James Bowles, the mate of the Sprightly, en rroborated
this statement. He heard the alai oi given by 'she last wit-
ness, and he went upon deck and sa 7' the PriF,oner striking
at Coornbes with the axe, and Coon bes was all over blood.
After the prisoner was secured
rt,
'ok 'exam teed the vessel
and found the fore scuttle fastened'
vi th a'll, which v:oula
have prevented the men from get tit 'g trpon deck, The
captain bad his skull wounded, and era.' 4ot yet recovered.
The prisoner in his defence said be It.hevr nothing about
it. He had got a wound in his h ef(l, ar id when he had
any liquor it took great effect upon NM. He had drank
two glasses of liquor on this day.
Mr. Baron ALDERSON summed u % - the evidence, and
the Jury returned a verdict of Guilt i, .of the assault with
intent to murder

in answer to questions from the i :,443 urt, Mr. Espinasse
said that the Captain was now lyi 3g at Falmouth, and
was not expected to recover.
The prisoner was called up for ju IfT,Ti cnt, and the Court
observed, that the offence of wlm I, .Is, . had beenan_ found
e
guilty was one of a most grievou , chm actcr, d
this own escape.
could be no doubt but that ho in ar,acd to have destroyed
the whole of the crew as ame :e.' tar
-1
Alum t, . iderson observed Under these circumstances M
1
that bp cnud not 1,o1; out r. Baron A. 14 to•Jrcy in
i ,
this world. ' ' .• :nu any hope
Sentence of death was t.
,den passed in the tunk,

1 form.

EVENING, DIDITION.

NEW C CRV

(Before the COMMON SERGEANT- )
George Henderson was indicted for stealing-some books,
the property of George Willis.
The prisoner pleaded guiity, and it appeared that be
had 1:).".:TI prlviously convicted of theft and sentenced to a
term of iMpri3oliment. The prisoner alleged/ that I'm had
recourse to crime a wow] time in consequence of disi`ress...
The COMMON SERGEANT, in passing judgment on the!
prisotier, said that his condition could not probably be-
amended by a further term of imprisonment, as he was dm-
titute and friendless, and it would therefore be mercy to
scud him abroad. The prisoner was then sentenced to
;even years' transportation. He expressed himself grati-
fied at the sentence, as be had been for months leading-a,
life of misery.
Alin Barrett wag found guilty of stealing some clothe),
the property of J. Burney. The prisoner, who had bees
formerly convicted ot' a similar offence, was sentenced to
ten years' transportation.
Ralph G. Matthews was indicted for embezzling divers
sums of money, the property of his employer, J. B.
Davis, an ironmonger in Tottenham. court-road. It was
proved that the prisoner Lad been paid the amount of cer-
tain bills, which Davis and his wife swore they had never
received. It was attempted to be sho,vn, in defence of
the prisoner, that he bad reason to eencider himself the
partner of the prosecutor, and that the books of Davis had
not been regularly kept. Various witnesses
duccd, who gave the prisoner the benefit of an excellent,
'character. The Jury, however, returned ;verdict 0,
Guilty, but the Court defer cd• its judgment. were pre-

LLOYD'S 3HIPPIING-(TIII3 DAY•P

DEAL, MAY 12.—Wind E. by S.—At rived the Louisa,
from Monte Video. Sailed the SW', Il'Leod, for Ma-
dras ; Mary Ann, Bolton, Sydney, New South Wales ;
Eagle, Dorkin; and Diadem, Robins on, Quebec;
Boys, Mogndore.
LirEarooL, MAY 12.—Wind E.N. —Arrived the
Trinity, Hallett, Malaga. Sailed the Bi'rmingham, Ro-
binson, for Mobile; Robert Pulton, M'M. 'rchael, for Now
York; Rose, Flanders, ditto; ludependen te, M'Capper,
Quebec; Dumfriesshire, Gawan, ditto; L lvant packet,
Watts, Trinidad; Montezuma, Christians° 11,
ptilladel-
phia. Off port, the Falcon, from Africa. A ship with
toss of fore and main topmasts, supposed tl. e England,
from Mobile, was seen, 4th inst., off Cape C. 'ear, by tba
Britannia, Ccok, arrived he, e.
CREEK, MAY 12.—Arrived the Houghton, P. roved,
from
Odessa; Queen, Thompson, do.; Ellen, Chadv, rick, Con-
stantinople ; Jovin Matilda, Brosuma, alaga.
Dovan, MAY 11.—Off port, Albert-4;ns, l dartinsout
Terreveehia ; Myrtle, Martin, St. Niched's.
PORTSMOUTH, MAY 12.--Wind S. to 6, E.--Off P°rt'
Pilot, Peterson, Rio Janeiro.
Pr. v SIOUTR, MAT 12.—,Arrived the M."l
uis Huntley,
Burn, from Sierra Leone. light
FALMOUTH, MAY 11.—Wind N. to N. 14-W.,4".
Cs aceiot
breczes,—Arrived the Porcia, Hatchard, fri .
Rosebud, Kepple, Licata. Sailed, the Bragar,
V;go, &c. Off port, Commerce, Touzel, Bat. 'IL'?
Villanova.
- tcr-
SHIELD.., MAY 11.—The Dorothy, Robinson, in Tura
ing the Narrows yesterday morning, got upon the
Sands, and remains. tookSHEERNESS, MAY 12.—The Thames, Rutherford, -
in the ground on the Grain Spit this morning, but is CI..
pected off on the flood without dardrge. Red
YARMOUTH, MAY 12.—A large co:sk of mace, mar
No 324. 5. 93. 372. B 465., in a circle G. Geed, 1
usen picked up, supposed from the Dutch vessel
same time since on the Goochsin Sands.
VESSELS SPOKEN WITH.—The Bolivar, from the CaP ef4
Good Hope to the Mauritius, Feb. 5, lat. 26 SI J0e.217.
E. ; John Woollaston, of Salem, 20th, lat. 35, '°1:I-- ti;
Bengal Packet, London to Madras; Robarts, L.
Calcutta; Dream, Liverpool to Jamaica ; and .4411,-ra
• 21;
Gibraltar to Rio Janeiro, March 20, lat. 1 N. I
W. ; Sutherland, Liverpool to Singapore, 21st, 1.
lon. 22 W. ; Atlas, Madras to London, 27th, lat. bt
wrec ke
24; Star of the West, Plymouth to Demerara, 7th u
lat. 19, lon. 35 ; William, Hull to Quebec, 80th, lat. • 7V,
ion. 13, by the Ripley, Steward, arrived off Holyher 7:
Nine, London to the Cape of Good Hope, March 28, l'
8 S., lon. 31; Marianne, bound to Hamburgb. Bth tit 4:
i at. 14, lon. 39; Catherine, Monte Video to Liverpo. la
17th, lat. 35, lon. 38; Intrepid, of Sunderland, 25tb, la 4.
46, lon. 22, by the Courier, Kuntress, arrived at Li'
pool ; Hermes, Liverpool to Lima, Jan. 22, lat.,. .3 je-'
ton. 77 ; Georgiana, Valparaiso to Liverpool, off
Horn; Mary, Rio Janeiro to Cowes, 11th ult., lat' -
lon. 36, by the St. Jahn, Peat, arrived off Livcrp vol.

LICENSED VICTUALLERS'

ASYLUM.

The thirteenth anniversary of this admirable establi
ment took place yesterday evening at the London Tavel !,";
The Chair was taken at half-past four o'clock, by Edam :/:
Calvert, Esq., on whose right Bud left hand sat Wm- C
vert, Esq., Benjamin Bond Cat,bell, Esq., and a Ist g.
number of influential gentlemen.
The usual loyal toasts were given, when the Secrets TI
read the Report, which was received ,with every durmast! it-
tion of satisfaction.
It appeared from the Report, and frail] statements 1112 J°
at the dinner, that the Institution is in a pro), perous con .
tion, and that in the course of that day notleal than 1,3 t PO'
had been collected.
The CHAIRM&N, in a neat speech, then gave " Prospf tritY
to the Licensed Victuallers' Asylum, mad; uocesa.tow the
endowment fund."
After a number of other toasts bad been giv'a and duly
responded to,

T said, he had very great pleasur 'e in - h The CHAIRMAN
pro-
posing the health of a gentleman to whose exert' 'Us tb/
were much indebted; he meant " John Anderson, "
the Editor of the Morning Advertiser, and the press. 2d that
Mr. ANDERSON briefly returned thanks. He trust had
instead of relaxing in their exertions—about which he
;cased
now no apprehensions—they would not only have '0: - fund,
buildings, but a liberally supported endcw9en" luta
whereby they might extend to the inmates of the '
t gY
the
all that aid and those comforts with which it mils- 11 that
wish of all to provide them, and most earnestfy b°llc-,1
all would contribute so largely to the Endovraleat wish
that when they next met they should be told th at such t it
was realised—that the Endowment Fund w ral
ought to be.