The Sun.
London, England, 1841-04-24 00:00:00

COMMON PLEAS.---(THIS DAY.)

THE BRIGHTON RAILWAY COMPANY V. FAIRCLOUGH.
The argument, which was presumed to have been concluded
at the last hearing of this case on Tuesday last, nsas this day
resumed by
nlr. KELLY, who read affidavits on the part of the plaintiffs,
in answer to the affidavits upon which the defendants' rule nisi
for a aonsuit or new trial had been obtained. The verdict,
it will be remembered, was taken for the plaintiffs, subject to
he motion, on the ground that the defendant was not
liable to fay up the calls upon forty-five shares, (amount-
, ing to D. 95.), inasmuch as the memorial of transfer
was irregular, and further, was not produced at the trial.
Mr. Kelly's affidavit now went to show that the book was
in Court at the time of the trial, and that the statement of
former affidavits to the contrary
.was occasioned by a mistake
of the short-hand writer, who substituted not for now in his
- transcript of his (Mr. K's.) speech. This error seemed to
be the principal ground on which the rule was grawe
But he hoped their Lordships would not see occasion to send
the cause down to be tried again, when the fact was that
defendant's Counsel and the Court were informed that •allthe
books required under the Act were in Court.
fir. Sergeant BOMPAS, in reply, produced an affidavit of
the short-hand writer, deposing that the words used by plain.
tiff's Counsel on the trial were that the book vva4.not in Court.

Their Lordships intima'ed that they would look into the
affidavits and notes of the trial, and give judgment on Monday.

EXCHEQUER.-(THIS DAY.)

BOGLE 17.,LAWSON.
The ATTORNEY-GENERAL moved for a rule to show cause
why an amended Commission should not issue in this cause.
It was an action fora libel against the publisher of the "Times,".
arising out of the most extensive conspiracy ever entered into
for the purpose of cheating mankind—a conspiracy whereby
all the banters in Europe were to be defrauded by forged letters
of credit from various places. The plaintiffdenied that I.e was con-
nect eit with it, and for the purpose of showing that he was great
exertions had been made—one of which was the taking out of
a Commi4sion to examine a Tuscan subject residing at Flo.
rcnce. He was now furnished with an affidavit from one of

the Commissioner 3, from which it appeared that. the witness,
acting under the advice of his advocate, refused to attend and
give evidence before the Commissioners. . They applied to the
Foreign Minister of the Duke of Tuscany for assistance, but
he refused to interfere, because it ss as against the laws of Tus-
cany to examine a Tuscan subject in any judicial matter
otherwise than by Tuscan authorities; but he offered,
on being properly authorised, he would cause that to be done.
The defendant made affidavit that the witness in ques ion was
a necessary and material one, and it would not be safe to go.to
trial without his evidence, therefore he now applied for a com-
mission to be issued to the Foreign Mini:ter in Tuscany, un-
der the 22d cap. of Ist Will. IV. In the case of Clay v. Ste-
venson. 3 Adolphus and Els, 807, a commission was orthred
to issue to the Judges of the Court of Cummeree at Hamburgh,
and it was part of the rule that the oath of the Commissioners
should be dispensed with. . _ _

Mr. Bann; GURNEY—There was a case in that Court in
which a commission was issued to the Judges at Munich on
the saute terms.

The ATTORNEY-GENERAL was obliged to his Lordship.
lie had not been aware of the case—they were analogous to his
present application.—Rule granted.

THE ATTORNEY-GENT RAT V. KINGSTON.

In this case the Attorney-General had obtained a rule to
remove the cause of Kingston v. I)abbs from the Court
of Common Pleas into this Court. Dabbs was an officer of the
Customs, who had seized some coffees belinging to Kingston,
who brought his action of trover in the Common Pleas. In
this Court an information had•been filed against Kingston, and
the Attorney-Genehl now moved that' the rule to remove the
proceedings into this Court be made absolute.
Mr. V. LEE showed cause against the rule. He admitted that
had the party not appeared in the Pleas and pleaded to the action
in:that Court, he would have had no answer to the rule ; but
he contended the application was too late; secondly,
he contended the affidavit was entitled wrongly—it was
entitled " Atterney-General v. Kingston"--it ought to
have been Attorney-General at the information of,
in. " Kingston v. Dabbs ;" and thirdly, his affi-
davit expressly set forth that no information had been filed,
as he alleged; and if he filed in all; he submitted that he was
entitled to the costs of appearing, having been brought to an-
seer a different application to that of which they had had notice.
The ATTORNEY-GE:CERAL said the information was on the
file of the Court, it was only one step in the proceedings
which were going on when the rule was moved. His Learned
Friend had not-cited even a single case to show that the ap-
plication was too late.
Mr. Baron ALDERSON.—It is a privilege of the Crown.
You might have brought them up for a contempt of Court,
for bringing a Revenue ease in any Court but this. It was
clear that the Exchequer could stop any Revenue case in any
other Court, and remove the proceedings at any time. The
rule must be made absolute.—T he Court rose at one o'clock.

BOW-STREET.-(I'HIS DAY.) •
Jeremiah Sulivan was brought up, charged with' having
st,len a soverciAn;the proprty of Mr. Willcox, of Covent-
garden market.. ,
The complainant stated that he dropped two sovereigns in
his shop, and the prisoner, who is a porter in the market,
picked one up, and attempted to make off with it. The cora-
plaNant did not see the prisoner pick up the sovereign, but
-from information he received from a boy, who watched the
'prisoner, he gave him into custody, and on his being searched
the:sovereign was found upon him.
Tlfikpritonei was remanded, to obtain the evidence of the boy

DESPERATE ATTEMPT AT SUICIDE ON
T3LACKFRIARS BRIDGE.—Last night,between seven and eight
&Owl, a middle-age& flnale was ooserved by police-constable
371 to mount. the parapet a the north-east side of Black-.
fr ars-hridge, and before he could reach her, she precipitated
herself irom it into the Thames. Some men who were on the
pier instantly put off to her rescue, ar,d succeeded in gaining
her apparently lifeless body, and conveyed it to the Glaziers'
Arms (reeeiving-house), Water-lane, where she was promptly
attended by Mr. Hutchinson, surgeon of Farringdon-street.
In the course of an hOur she was so far recovered as to he
be enabled to state that her name was Ann Baines, and that
she resided at Cow.cross, Smithfield, but had uo 'datives or
friends in London.
\V nT6 It T'S BANKRUPTOY.—Ycterday Mr.
' .: . . - ::.,(i, ;t, 11,0 ita,k,,q,,(:. - ~,',. .cti• 1,„,,,,ed iAis
Ili: ~,,, i'.. , •t. ~•.-,', bik..; sLat,, apd

' Ca.l' c. I.i I.
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ment and two gentlemen. It was with the greatest difficulty
that he signed the clFtailed account of his affairs and the
other documents.