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

IN RE TURNER.

Mr. MARTIN, Q.C., moved for a rule calling upon a
gentleman named Turner, an attorney of this court, to
show cause why he should not be struck off the rolls.
It appeared by the affidavit that in the month of
August, 1845, a gentleman named Beckford was anxious
to lend out a sum of money. He applied to Mr. Turner,
who was an attorney at Wolverhampton, in respect o,
the loan, and on the following morning that gentleman
communicated to Mr. Beckford that he himself would
borrow the money, which amotnited to 6001., and give
as security a house and about thirty acres of copyhold
premises. Mr. Beckford having looked at the property,
and Mr. Turner having told him that it was free from
. mortgage, Mr. Beckford proposed employing anoth!r
.
attorney to arrange the business, but Mr. Turner sal('
that he did not wish any othr r attorney to know that h,
was borrowing money, and that he would do all the
business, and would sooner cut off his hand than
do anything unfair. A few days afterwards hi
handed to Mr. Beckford three admittances of ano-
ther party, to the effect that he was seised
and possessed of certain premises, as security for the
sum of 6001., which was to be repaid as thereinafter
mentioned. Mr. Beckford afterwards applied to Mr.
Turner for his own admittance, but was informed that it
had not come from London. Having no suspicion, Mr.
Beckford permitted the matter to rest until the present
year, when he heard that Mr. Turner's circumstances
were becoming embarrassed. He applied to some gen-
tlemen named Foster, attorneys, to inquire into the
matter, and it was found by these gentlemen that Mr.
Turner had deposited the surrender to himself at a
banker's in Wolverhampton, at a period nearly approach-
ing the time when the advance was received from Mr.
Beckford, and that upon the Ist of May in the present
year he had executed a legal conveyance to the bank.
He (Mr. Martin) apprehended that these facts were suffi-
ciently strong to warrant an application of this nature.
Application granted.
The Court adjourned at an early hour.

COMMON PLEAS.--(THIS DAY.)
ELDERTON V. EVANS.
This was an action brought by the plaintiff, Mr.
Elderton, who had been retained as solicitor to the Church
of England Life and Fire Assurance Institution. After a
time, however, his services were dispensed with, and an
action was brought for compensation. On the trial a
verdict was given for the defendant, and a rule was now
moved for a new trial or for a nonsuit. The case had
been previously part heard.
After a lengthened argument, which has occupied the
greater part of several days,
The LORD CHIEF JUSTICE gave judgment, and said
that he was of opinion that the judgment should be erased
in both courts, and that the verdict should be entered
for the plaintiff on the first count, and for the defendant
on the second count. The whole matter turned upon the
meaning of the word permanent." Now the agree-
ment had expressly stated that the plaintiff was to be
engaged as solicitor for the company for a certain period,
of which no date was given, and which might be con-
cluded on either side. The defendant had pleaded the
general issue, and had done perfectly right in doing so,
and this brought them back to the meaning of the word
" permanent." He therefore considered that even if the
jury had given a verdict for the plaintiff, the Court would
not have given a judgment in favour of the plaintifff.
With regard to the second count, there did not appear
to be any sufficient consideration for retaining the ser
vices of the plaintiff. It appeared further, that the
plaintiff had not given any promise to perform certain
duties. There was no evidence that either in law or in
fact there was reason for the verdict for the plaintiff;
and even if a new trial were to be granted, and a verdict

to he ciiven to the plf,irniff, the Co,7rt would not justify

vc!rd

. _
ct be a jud..mont. The deriFi,n,
Ir. (th;, L',rd Jug: ice) came was, that the
judgment of the Court on the first count ought to be
affirmed, arid 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 in
the declaration.
Mr. Justice MAULE thought that the first count was
bad, and that the defendant was entitled to a verdict on
the plea of non-assumpit. 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 1001. 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 at it
with great nicety to consider it in this view,
nicety had been provoked by the allegation that there
had been two breaches for it, and was evidently shows
that no consideration had been rendered.
Mr. Justice CRESSWELLquite coincided in what had
fallen from the Lord Chief Justice, for it was plea
that the term permanent must mean some especial all"
that
ration, so that the term was not indeterminate, and the
plaintiff consequently had no right to an unceasing
engagement. On the second count there was no consi
deration shown, and consequently no plea could be-sus-
tained. The judgment, therefore, was, that >f verdict
should be entered for the defendant, and on the second
count that judgment should be arrested.

BOW-STREET.—(THIS DAY')
A tall middle-aged man, wearing a heavy moustache,
and having much the appearance of a foreigner, who,
acting upon the advice of his attorney, Mr. VVolff, re"
fused to give his name, was brought before Mr:Jardiser. -
having been remanded from Saturday on a charge (011
suspicion) of being concerned with Mary Cleveland to
causing the death of her male child, 4hree days old. 00
Friday last, the 21st instant. The woman Cleveland
Was not in custody,- not havinx yet tecovered froil Ilst
confinement, Which took place Zn Wednesday.
It appeared on the former occasion, that for tome ti
previous to her confinement Mrs. Cleveland bad fres
quently been heard to say that she would make no taro
parations for that event, as she was certain the "'"
would be still-born. She was also heard to ay that
had been settled on the child, and in case s&
its deal
that money would become her own. Mr. Boehle,,g'„l-
Bow-street, attended her, and was of opinion ths4",rh
e
a perfectly healthy child and likely to —hor
child was taken to dry nurse by Mrs. 9'w"--e
immediately after its birth. She took it wr.a
that day (Wednesday), and on the next
(Thursday) it was sent for by Mrs. CleveAsi
and remained with her for some time. The next
Mrs. Barber brought the chili at about three o'clock 11!
the afternoon, and called again to take it away at aboti!
five o'clock, rs hen site was told Mrs. Cleveland rust
be disturbed. She waited till about half-past sii,_l.l;
was then shown into Mrs. Cleveland's room. The
was lying on the bed, and Mrs. Cleveland be
it was asleep, but on taking it et Le
found it was dead. The face was wile which;
coloured, and there were marks also on the throat,
y.Mr. o s
latter disappeared the next day. eking was set
for, who, with Mr. Guthrie, made a post morten eta 4,
nation, the result of which confirmed the suspicion tilt
the child had not died a natural death. The prisoaele'
who had been living with Mrs. Cleveland for somel4;
was seen by a person named Charles Smith, who s
sitting in the parlour at the time, to leave the house
nth
stealthy manner during the time that the child was To
the. mother. The prisoner's name was not Brown,.
the servants, among themselves, had nicknamed DIP'
" Molly."
On the p risoner beinlaced at the bar this Ineriliq:
The witness Charles Smith came forward and said that
his real name was not Smith, but Tester.
Mr. Wolff—Although I questioned this young real
particularly on this point, he said his name was ,e"
Tester but Smith.
Mr. Burnaby, the chief clerk, read the young 03.6,12
evidence on the former occasion, in which he ealciL▪ n
"My real name is Smith; I have never been known.y
the Lame of Tester, nor by any other name but Smite'
I swear that—l am cautious." nis opt
Mr. Burnaby—And you now say, " My nail' a ess
Smith but Tester. I gave a false name before?"
—Yes; that is right. k.•
\Mr. Moseley, on the part of the
applied for a remand till Thursday,
was held yesterday, had been adjourned.
to fir. Wolff otlhilesdenuebtmittitoen thatd Pass rtrehitql Lustht,°wrin'tliecu-'4
prisoner kept to
in
oclisty
Mr. Moseley had no wish to have the
sufficient. Case
of the there washeprisoner n
custody, but would be satisfied if he were ordered to find
bail for his appearance.
Mr. JARDINE would remand the prisoner till Thur.!
day, but if two good and sufficient sureties in 501. each
were found by the prisoner, he would be liberated.
The prisoner not being able to procure the neeessarl
sureties in time, was removed at two o'clock in the
prison van, with the other prisoners who had been com-
mitted or remanded on various charges in the course of
the day.

CLERKENWELL.,,( T HIS DAY.
William Thompson was charged with an assault upon
his wife, of such a violent character as to place her life
in imminent danger.

It appeared that this morning a constable of the N di-
vision received information that a female had bees
almost murdered by her husband, at No. 6, Edward-
street, and upon reaching the spot be found the unfor-
tunate woman lying upon the floor, drenched with blood.
She was insensible when he went in, had three or four,_
sleep cuts upon her head, and from a number of
marks around her neck it appeared as if an attempt had
been made to strangle her. A surgeon was sent fore
and she rallied for a short time, but soon was attacked
with violent fits, and she was now in a most dangerous
condition. Durinc, her temporary restoration to consci-
ousness, she stated' that it was the prisoner who bad so
ill-used her.
The constable immediately went in pursuit of the prt
toner, and soon afterwards took him into custody--7.1
medical certificate was handed to Mr. Combe in wine_
it was stated that the poor woman was at present in a
very dangerous state.
Mr. COMBE said the prisoner stood in an awful posi-
tion. The certificate showed that the woman's recovery t.
was uncertain, and he should remand the prisoner 1I:.
Thursday, to know if any change for the better or worse
would take place before that time.

THAMES.-(THIS DAY.)
DAY.)
Thomas Bull, John Warden and William Elliott, were°
charged by police-constables Barnes and Smith, Wh.
were on duty at Stepney Fair in plain clothes, wi,T
having gambling tables and dice boxes, and illegall7
using the saa.e.
The facts was fully proved, the constables observing
that they each carried a few images with them as a
blind, which, when they saw the police they commences
offering for sale, but directly their backs
pursued a game commonly called " a halfpenny on 3.a•
_
ewfrild
from
met were tur_n.eu.
They were all committed to the House of Correctleu
for 21 days, with hard labour,
lwaibjtTohouhisoirtmeercia,lsienmllfgpsillsoom3o:eie,dcwoihnpopteihrs
company's service upwards of seven years, was cu"
Sheppard, the dock constable, stated that on
kithetadenrodinckehsd.asa bePerne'sfeinr"'atbillie
searching
the prisoner, as is customary, esterdaY after-
noon as he was passing out o
Y
f the gate he found a quail"
tit of y copper concealed on
his person.
The prisoner, who
for trial. made no defence was committed

L AND HEARTLESS AnRaTmLeEdSS ROBBERY IN A WORKHOUSE.
WORSRip_s7"-----"---
ets,theWasthoreadnidtchCo
with robberj:
rREET.—(THIS DA-1')
y
CRUEL
—Three Jones,
were charged
house—Coleman being the visitor
idiot and an inmate therein; of
her
son. who is an
Walsh, her companion, and
Jones the nurse of the idiot ward.
Several of the parish authorities attended on the part
of the prosecution.
John Smith. gatekeeper of the workhouse, said that
Wlemoillfg-
Coleman, about seven o'clock last evening, who was "-
companied by Walsh, was admitted to see her son.
Both the females returned in about a quarter of an hour.
Perceiving something bulky under the arm of Walsh'
he mentioned to her his suspicions. He had them both
searched, and upon them were found three loaves of
thirteen ounces each, and several pieces of soap. Wit-
ness having pressed them to tell where they had got
the articles, they at length replied that they had been
.-!.iven to them by Ann Jones, the nurse of the idiot
ward. Witness had no doubt that the property belonged
to the trustees of the parish, or was the allowance of
tome of the inmates.
One of the overseers of the parish said that every pre-
caution was used in order that the poor idiots should
not be plundered of their rations, and he would mention
one circumstance •in order to show how very necessary
this was. A short time since it was the practice to send
the tea in its raw state to the nurse of this ward (accord 7
trig to the number of persons therin), that she might
make or brew it for them. The authorities of the work-
house having, however, reason to believe that the 1) tea
creatures had little else than water, directed that the
should thereafter be properly made before it was sent
up to that ward. more
The prisoners' defence amounted to nothing
than a confirmation of their guilt, and
of 51. or
pay a fine ,
Mr. ARNOLD ordered Jones to
leman 21. 10s., or three
one month's imprisonment; Co . , ,. days'
I or fourteen .
weeks' imprisonment; and Walsh, 2 .!
imprisonment in the House of Correction.
_____.—..—..--..--....

ill be

We understand that Mr. Disraeli w. a cant.
late at the next general election for the representation
of Buckinghamshire.
LAMBEA meeting of the Com-
BortouGa OF
feittee of electors took place at the Ship Tavern, Wal
oot-place, last evening, for the purpose of arranging for
the public meeting of Thursday next, John Fuller, Esq.,
in the chair. Letters were read from Mr. Haweso
and
D'Eyncourt, the sitting Members, declining tbe
present at the proposed meeting, chiefly on the ground
the time fixed upon being the Queen's birth-day ; but
.t was announced that Mr. Snellson had issued circulars
on their behalf requesting the attendance of their friends
to oppose any vote of disapprobation ; and, as great
-flints will be made by the Dissenting and Radical Par"
be
ties, a crowded mecting and strong discussion may
expected.
BIEiIIINGUAM METAL MARKET.—This market suf-
r s considerably from the continued depression of the
mnoney market, and business in all metals has been very
limited. Copper is dull, and tin equally so; the genial"
napression is, that this article will be much lower ere
1 dig. Spelter barely maintains its price. Tin platefi
rira firm, but the demand is exceedingly fiat.—.Birsting•
ham Awns'.