The Sun.
London, England, 1841-04-06 00:00:00

LAWRENCE V. BLAKE,

The fu-thar a-guments on this part-heard appeal were
re:timed to-day. The else carve before the it Lordships
upon appe,l from the decision of the Court cf Chancery In
Ireland, declaring ti a! the esta•e rf the appellant was
bound t) make good a sum cf 10,0001., wLich had been
obtained from him by false pretences by a person of the
name of Robert Arcedeckne Burke.

Mr. Pemberton and Mr. Loftus Wigram appeared for
the al)} ellant, and
Mr. K. Bruce and Mr. Jacob for the respondents.
Mr. Pemberton on the part of the appellants resumed
and concludei h;s arguments to-day.
Mr. Loftus Wigram fAlovred on the same side.

M-. K. BRUCE-then proceeded to address their Lord-
ships on Lehi,lf of the respondents, but had not concluded
when their Lordships rose.

ASSIZE INTELLIGENCE.

HOME CIRCUIT—KiNGSTOX, APRIL 5.
Mr. Baron Parke left Kingston on Saturday, and it was
arranged that Lord Denman should alone dispose of the
_

Elie Lordship was engaged the whole of the day in try-
ing a case of alleged nui,alce, against a Gas Company at
Vauxhall, which was not disposed of when our account left.

MASON V. THE HON. LUKE KING.

This cause ta as tried on Saturday, before Lord DEN-
MAN and a Common Jury. It was an action against the
lite High Shet iff of the county of Surrey, under the Act
of the 28th Elizabeth, cap. 4, far extortion. By the Act
in question, a Sheriff is entitled to a poundage of one
shilling in the pound, where the sum distrained for does
not exceed one hundred pounds, and sixpence in the pound
fur any sum over that amount, and the Sheriff was not en,
titled to any furklicr charges, except the goods seized were
sold by auction. It was alleged in this case, that although
the goods had not been sold by auction, the Sheriff's oflicm
had made a demand of bl. 18e. for the Sheriff, as fur a sale
of that description.
Mr. Sergeant Channell and Mr. Charnock appeared for
the plaintiff. Mr. Thesiger and Mr. Plal conducted the
defendant's case.

The case occupied the Court for several h(Airs but the
following are the circumsta ices that appeared it evidence :
—The plaintiff had obtained a verdict against two persons,
named Rosin and Newland, for the sum of 901. 55., and a
writ of execution was placel in the hands of the Sheriff,
who seized the goods of Rosier, and sold them for
101. 189. He subsequently took possession of Newland's
rroperty, and disposed of it by a bill cf sale, for 1061,,
and a charge cf four guineas was made by the Sheriff upon
the bill of sale. The plaintiff subsequently applied to the
Sheriff for a return to the writ, and this return wal to the
efEct that he hail paid out of the sum in question 301. for
the rent of Newland's premises, 191. Ist 6d. for ex-
r eases ; end lie also returned that he had paid
tl-e 101. 183. received from Raler's effects, into
Court, under an interpleader rule. The plaintiff
called for 'an account of the expenses that had been
i lcurrei, and it then appeared that there was not only a
charge of 41. 4s. for the bill cf sale, but there was also a
charge of 51. 18s. for broker's commission and auctioneer's
charges. Thi,, it was contended, was a violation of the
Act of Elizabeth, and that the defendant was liable under
the statute iu question either to be sued by a common in-
former for the penalty of 401. offered by the Act, or to be
liable to the plaintiff in treble damages and costs.
Mr. PHILP, the plaintiff's attorney, was called to prove
the greater part of the above facts, and the writ, return
thereto, and the other documents were put in evidence..
It appeared in cross-examination that the auctioneer
had been applied to to sell the goods, and that it was by
an arrangement to which the plaintiff's attorney was
privy that the goods were disposed of by bill of sale
instead of by auction, and that this course was tolopted
with a view to obtain a larger amount for the plaintiff.
Mr. THIISTGER remarked upon the fact at considerable
length in his address to the Jury, an.l submitted to them
that, under these circumstances, the Sheriff ought not to
be punished for doing with the consent of the plaintiff's
attorney an act, the object of which was to benefit the
plaintiff by realizing a larger sum for the goods that had
been seized.

Lord DENMAN addressed the Jury, who, after a short
deltheration, returned a verdict for the plaintiff far three
times the amount of overcharge and treble costs.

OXFORD CIRCUIT.—GLOUCESTER, APRIL 3.
CROWN COURT.
(Before Mr. Justice COLERIDGE.)
John Thomas, the elder, William Thomas, and James Por-
ter, were indicted for the wilful murder of James Nutt Pearce,
at Bristol, on the 16th of August last.
The unfortunate deceased Pearce, had been an accountant,
but having been thrown out of employ, had for several years
past acted as a private watchman in St. George's parish, and
upon the 9th of February, 1832, had received an appointment
as a special constable to preserve the peace. It appeared
that on the morning of Sunday, the 16th of August last,
between two and three o'clock, a young man, named Gough,
detected John Thomas the younger in the act of stealing
some apples from his father's orchard, and having sent fur
Pearce, and also for John Tho as the elder. Gough, in the
presence of his father, gave young John Thomas into the
custody of the deceased. 'f he deceased and Gough then took
their prisoner, old Thomas quietly following, to the city po-
lice station, which happened to be full, and accordingly they
proceeded towards the county police station, which is some
distance off, and had got as far as the George and Dragon,
which adjoins the Redfield School, when the prisoner Porter,
accompanied by William Thomas, came up with a large stone
in his hand about the size of half a pint, and exclaimed, " Un-
less you let him go, I will dash your brains out." The deceased,
however, kept his hold, and Porter immediately struck him two
or three times with the stone on the back of the head with
great violence. Old Thomas then came up, and attacked
Pearce, telling him that he would nothave hisson taken to pri-
so -, while Porter and William Thomas fell upon Gough, knocked
him down and kicked him with great severity. Assistance,
however, soon came ; the neighbours were alarmed by the
cries of " murder," and upon their interference, Porter and
the Thomases made off. Pearce, who had been thrown with
the back of his head to the ground in the struggle with old
Thomas, from that time became very much dejected. Ile
complained of great pain in his head, and in a few days be-
came delirious, and walked about his bed room crying the
hour, then sank into a state of stupor, and after remaining a
fortnight at home after the accident, was sent to the Infirmary,
where he died on the 7th of September.
Mr. GODSON addressed the Jury for the prisoners, and the
JUDGE summed up, when the Jury found all the prisoners
.guilty of manslaughter. They were immediately sentenced to
transportation for life.

CENTRAL CRIMINAL COURT.

OLD COURT.

George Frenaby, 34, described as a jeweller, was in-
dicted with Mary Ann Franklin, and James Harding, who
surrendered to take their trial for conspiracy.
In a variety of oiler counts the defendants were charged
separately with obtaining money by false pretences.
Mr. Clarkson, with whom was Mr. Bodkin, conducted the
prosecution. Mr. Phillips and Mr. Chambers appeared for
Frenaby and Franklin, and Mr. Ballantine defended the pri-
soner Harding.
A great number of witnesses were examined, but it will be
unnecessary to detail the whole of the evidence that was ad-
duced. the charge imputed to the de'endants was, that they
had gone to the shops of different pawnbrokers in the metro-
' olis, and offered in pledge articles ingeniously made up to
represent diamonds, but which, in reality, were of very
little intrinsic value, and by this means that they defrauded
them of the amount advanced upon the articles, Which in some
cases was as much as 5!. for articles which were not intrinsi-
cally worth more than as mar.y shillings. It transpired in the
course of the evidence, that these " imitation" diamonds were
manufactured in great numbers by parties in London, where it
appeared some of the defendants had obtained them ; and it
was Iso stated that the stones were cut in Paris, but that the
secret of manufacturing them was only known in this country.
They were so welt executed that even persons experienced in
such matters could with difficulty discern the deception.
'the Learned Counsel addressed the Jury fur their respective
clients, and contended that the specific charge against the de-
fendant had not been made out, and that even supposing the
facts to be admitted, the charge of conspiring had not been made
out.
The RECORDER having summed up the evidence, the Jury
returned a verdict of Guilty against all the prisoners, but re-
commended the prisorer Franklin to mercy, on the ground of
her having been under the influence of the prisoner Frenaby,
with whom, it appeared, she cohabited.
The CoultT said that the prisoners had been properly con-
victed of a most persevering system of plunder on the public,
and although there might be circumstances favourable to some
of the prisoners, yet the Court felt bound to pa,s a sentence of
st:rne severity upon them all. Franklin was then ordered to
be imprisoned for three months, Harding for six months, and
Ft enaby for twelve months.
'the prisoner Frenaby, as he was leaving the bar, declared
that he was not the most guilty party, but tLat he had been
led into the scrape by the prisoner Harding.

ILLNESS OF EARL GRANVILLE.—We re-
gret to state that int, Pigance was received at the Fere7gn
Office, on Saturday, of the serious illness of Earl Gran-
ville, the British Ambassador at the French Court. Lord
Lev son, Under Secretary for Foreign Affairs, left town
shortly afterwards for Paris, to vi: it his noble parent.
At a full meeting of the Town Council of Man-
chester. held on Wedneday, a resolution that both Houses
cf Parliament should be petitioned fur the total and immc-
&ate repeal of the Corn and Provision Laws was passed
nanimously.
EXTRAORDINARYTRAVELLING.—Some time
ago a gentleman in York undertook to perform a journey
from York to the metropolis, and arrive again in York
vaith;n twe:-,ty-four hours. The attempt was made during
the present week. The party alluded to started from the
railway station at Yo,k 3esterday morning acok, at forty-
five minutes past eight o'clock, and arrived in London pre-
cisely at half-past seven the same evening. lie transacted
business with one or two patties in London, and availed
himself of an opportunity of visiting Covent Garden
Theatre, where he remained upwards of a quarter of an
hour ; and af:er taking a stroll through the market, and
purchasing sundry early productions, returned by the mail
train to York, where he arrived (with comparatively no
twigue) Ilse following morning, at ten minutes before
eight o'clock—thus completing the whole journey in
Vaeaty-three hours and five minutes, a total distance of 450
miles.—Doncaster Gazette.
Accounts reached town on Saturday from Newn-
ham Paddocks, the seat of the Earl of Denbigh, stating
that Joseph Bonaparte (Count Survilliers) had been
taken suddenly and alarmingly ill, and that Dr. Gran.
villa had been sent fir express to attend him, with Dr.
Elmore and Dr. Morgan, the resident physician. We
aro happy to add that when Dr. Granville left the Count
yesterday morning he was considerably better.