The Sun.
London, England, 1840-08-28 00:00:00

LAW INTELLIGENCE.

SHERIFFS' COURT, Aua. 14.
MATTHEWS V. THE BISHOP OF DURHAM.

In this case Edward Mathews, a grocer and cheese-
monger, of Shrewsbury, was the plaintiff, and the
Right Rev, Edward Maltby, Lord Bishop of Durham,
the defendant.

Mr. DENNY stated the plaintiff's case. It was an
action brought for the recovery of the sum of 91. 18s.
due to plaintiff for various necessary articles of food,
supplied to the defendant's son, from the 23d of August
1828, to the 6th of December following, while at school
with the Rev. Dr. Butler in Shrewsbury, consisting of
bread, butter, herrings, and such edibles as usually form
the stock-in-trade of a huxter. The son of the defend-
ant, who was about 16 years of age at the time men-
tioned, came in company with a young gentleman named
Telliard to the plaintiff's shop, and telling him that they
wished to be allowed to open an account with him, as
the " milk diet" did not exactly suit their con-
stitutions, he consented, and during a period
of nearly six months they were supplied with the va-
rious articles forming a portion of the subject of the pre-
sent action. Mr. Telliard very honourably paid his por-
tion of the account, amounting to W., while " Master"
Maltby left school without paying a fraction. As a con-
trast between the conscientious principles entertained by
a Bishop and a schoolboy, he (Mr. Denny) should read
the two letters addressed to Mr. Mathews and his at-
torney, in answer to an application for payment to Mr.
Telliard and the Right Rev. Bishop. (The letters were
then read. The first was from J. A. Telliard, acknow-
ledging the debt, and transmitting 51., and the other
was from Dr. Maltby, announcing his determination not
to pay for articles furnished without his knowledge or that
of the Rev. Clergyman under whose care his son was
placed.) The Learned Counsel said his was not one of
those justifiable cases where parents refuse to pay the
bills, with which a wine merchant or a tailor may some-
times mulct the striplings of the aristocracy, but it was
a case where a Prelate of the Chad] of England—a
Spiritual Lord possessed of an immense revenue, comes
into Court, not clothed in " sackcloth," but in purple
and fine linen," to refuse payment to a poor struggling
cheesemonger, for supplying his son with articles which
no habits of intemperance, but the cravings of nature
induced him to seek. Much as the Apostles of the
(Aden time were favoured with the gift of miracles, he
had yet to learn that one of their descendants—a
Bishop's son—could live on suction. The articles sup-
plied were articles of absolute necessity, and under those
circumstances be hoped the Jury would do justice to
his poor client.
Samuel Thompson examined—l was a shopman in
the plaintiff's employment for twelve years. Recollect
having served the young gentlemen alluded to, with
several articles, and my master having given them
credit. I entered the items in a day-book.
Mr. DENNY—Read some of these items to the Court.
Witness (taking up a large and greasy looking folio)
r heard
August 23d, a pound and a halt of butter, Is.
( Loud laughter)—herrings, 4d. ; August 26th, bread,
4driviUnder-Sheriff
r.eggs,p 06cdo .
c—Kt(6d.—(Renewed
es sedf hris t h
opinione
eanes" ed laughter)—Augustdefendant;
t that
at 2t there
nrh
ed, haltwtiales
a pound of sugar, and two ounces of chocolate.
no case to go to the Jury.

The Jury, however, deliberated for an hour, and re-
turned a verdict for the defendant.

NEW KINGSTON.—Here is an evidence of the
wonderful changes which railways are destined to effect;
it is not two years ago that this spot was covered with orch.
ards and meadows, and now a town, which when completed,
will consist of 1,000 houses, has risen as if by magic. New
~ Kingston is so close to London, and yet so healthy and
rural in its character, that it must become a favourite resi-
dence for those whom business compels to breathe the con-
fined atmosphere of the metropolis, throughout the day.
The growing importance of the place is shown by the fact
of the South Western Railway proprietors having removed
their Kingston Station to the entrance of the new town.
The distance is eleven miles from London, and can be
reached by railway in half an hour. There is is an excel-
lent hotel upon the estate.
SWALLOWING THE NEWS.—AS Mr. Driver.
bugt i
ibtl
a fishmonger in Shadwell, was engaged in his business, he
had to cut open a codfish, in the stomach of which he dis-
covered a ball of paper compressed together very close.
He succeeded
fishsuceeeded with great difficulty in getting it partially
open, when he found it to be a copy of the Chronicle. The
paper . is as stiff as parchment, but the reading is tolerably
! has and
beenfrom i n
theits appearancemaw
of
the therefish a car, be
considerable
tdoubtim e .
The
i e
was caught off the Scotch cast, and it is supposed
that the newspaper must have been blown overboard from
some ship and have been gorged by the fish, this species
invariably swimming
with their mouths wide open. It is
no uncommon thing to find stones, nails, and pieces of
wood inside a codfish.
DESTRUCTION OF HORE'S WHARF.--In
one of the accounts sent to us yesterday of the fire, it was
stated that 100 puncheons of whiskey,,
tvhaulusesdavaetd7sfr/o.
meatcilite,
were rolled out into the street, and
jaws of the devour;ng monster"—fire, who, as the Yankees
would say, is no teetotaller.
BILL SWINDLING. Wednesday a gentleman,
who did not give his name, applied at Ylarylebone Police
office for advice. He stated that he saw. an advertisement
in a London paper, in which an offer was made to lend
money to the amount of a thousand or two thousand
pounds, upon a conditional advantage being allowed to the
advertiser. He answered the advertisement the previous
dap, when he was called upon to know the amount of the
loan he required. He proposed that the party should lend
him 3001., when, after a short conference, it was agreed
that the advertiser should receive a bill for that sum to run
aws inaxds mwiothnimethhasdh,eeand that he (the applicant) should receive a
check for 2slott the 20/. being the discount to be allowed.
The advertise,. called that day with the bill ready drawn,
and received a check in return. Mr. Hardwicke—Where
At Messrs. Child's,
married
check,aaryTr ihenad
dE
wi whenLaot
mil
the bankers. I called there soon after I obtained the
Charles
Hughes, by whom the check purported to be
drawn, kept account at their house ; and they also stated
no person of the name of 1
that other persons who had been defrauded in a similar
teleoaln?dt)thiAlaapdtpioincalynt_to sign, which he did,
him assistance at present. The
mentioned in the advertisement, which is No. 116,
The applicant further stated that he had been to the refer-
ence
Jermyn.street, but could obtain no account of the parties.
the fire reached the
Mr. Hardwicke told the applicant that he could not afford
presented checks signed by the same party.
EShToßusueCoTflNvoE.
4,
FIRE IN DUKE-
STREET, BLOONISBURT.—About a quarter of an hour before
ayTn:Pa:awplwaD.Pahslbio had resided there for several
years,
applicant then left the Court.
Museum-street, a
was delivered of a child. Mr. Eldridge, of No. 10,
Parker-street, Drury-lane, at considerable risk, secured I
the bed by ropes, and, assisted by another person, let the
poor woman and her babe from the second-floor window in
safety. While Mr. Eldridge was holding the rope at-
tached to the bedding, some of the burning rafters fell
upon him

SINGULAR PHANTASY.

The tribu.,al of Correctional Police (says the Gazette
des Tribunaax) has just been occupied with the most
bizarre age-it which we have had for some time to re-
cord. Isido:c Burnier was beset by a most singular
monomania. He was terribly afraid of having no per-
son to attend his funeral, and, like the poor man in the
story, of being followed to the grave only by
his dog. To prevent, as far as in him lay,
the occurrence of what he deemed a most fright-
ful calamity, Burnier had tnade a little paper book,
and written these words at the head of the first
page :—" I hereby engage, on my honour, to assist at the
convoy, funeral service, and interment of M. Isidore
Burnier, when we shall have the misfortune to lose him,
in the event of my surviving him") and M. Isidore Bur-
nier engages on his side to assist at my obsequies, should
I die before him." Armed with this document, Burnier
went to all his friends and acquaintances, with a view to
obtaining their signatures at its foot. Burnier never went
from home for an instant without his paper book in his
pocket. If he was in an evening salon, he entreated
the signature of every person present ; if at a dinner
party, he never waited beyond the dessert to beg of the
guests, young and old, to join their names to those who
had already entered into the solemn engagement. Every
individual whom he happened to meet once, and whose
signature he had not an opportunity at that moment of
soliciting, was sure to receive a visit from Burnier, took
in hand, like a man whn goes about looking for sub-
scriptions.

One morning he presented himself in this way at the
residence of M. Lombard, a respectable sexagenarian,
whom he had seen the evening before for the first time
in his life at a cafe, playing a game of dominoes. Upon
seeing the 300 or 400 signatures which Burnier dis-
played, M. Lombard naturally thought that he was so-
liciting a pecuniary subscription, and received Burnier
very drily. Not at all recognising his person, he simply
said, " Sir, I have my own list of poor." But being
presently put upon the right scent by his visitor, he
judged that Burnier had only come to ridicule him, or
that he must certainly have lost his senses ; and he
therefore declared that he never would sign so ridiculous
a document. At hearing these words Burnier became
violently enraged, and, seizing the old man by the
throat, would have infallibly strangled him, but that
M. Lombard fortunately rang the bell, which caused
his servant to run to his assistance. The servant, a
tall and powerful Picarde, after having disengaged her
master from Burnier's hand, told him stoutly that she
would not suffer him to budge from the spot, and sent
the porter to summon the garde. Burnier was arrested,
a proces verbal and a trial ensued, and Burnier pre-
sented a most piteous figure on the bench of the
accused.

The deposition of M. Lombard was not the least
amusing part of the transaction. " Gentlemen," said he,
" I must tell you, par parenthese, that I think the ac-
cused is downright mad. His application to me was
the less apropos, since I must inform you, par paren-
these, that I have a horrible dread of death. I can't
even think of it for two minutes together without my
face turning white, green, or yellow, according to the
season. It was in vain that 1 drew his attention to this
circumstance, and added, par parenthese, Sir, I hap-
pen to be GO years old, while you are only 40. It is
not, therefore, to be presumed that I shall be able to go
to your funeral. For pity's sake do not come to me as
a memento niori, and do me the favour to make your-
self scarce, par parenthese.' His sole reply to this cour-
teous observi.tion was a most horrible strangulation."
President—Have you been unwell in consequence ?
Complainant—Most certainly, Sir ; and, par paren-
these, I was obliged to apply no fewer than 20 leeches.
The complainant's servant confirmed his testimony.
" When I entered the room," she said, " Monsieur
was on the point of giving up the ghost. Had I waited
two minutes longer I should have embraced a mummy."
Defendant—Undoubtedly, although it was a vil-
lainous trait in the complainant to refuse me his signa-
ture, I should not have treated him as I did, but that
he insulted me grossly by caring me " stupid," and
told me, moreover, that if I did not go out through
the door, he would send me through the window.
President—You are sentenced to pay 150 f. damages
and the costs besides.

Burnier counted out the money, and then coolly
walked up to the President and requested his signa-
ture. The President refused it with a smile ; and
Burnier left the Court, looking most scornfully, and
shrugging his shoulders.