The Sun.
London, England, 1841-11-29 00:00:00

FIRES AT MANCHESTER•

It is our painful duty to record the occurrence of
three serious fires during the week, involving the de-
struction of considerable property. The first was on
Wednesday afternoon, when about four o'clock, the oil-
cloth manufactory of Messrs. Harnpson and Knight,
Pickford street, Alum-street, Great Ancoats, was dis-
covered to be on fire. The fire originated in some oil-
cloths hung out of one of the windows igniting f-om the
heat of a fire in the yard, into which some oil had been
spilt from the boiler. The damage done was about 300/.
worth, but is covered by an insurance in the West of
England Fire-office.
About half-past four o'clock on Thursday morning
information was given of a fire at Messrs. Peter and
Thomas Wood's timber-yard, Oxford-street, opposite the
bottom of James's-street. The fire originated in an open
shed, in which was a saw-mill, and communicated with a
building of two stories over it, used as a workshop for
joiners. The roof and property in the upper storey were
destroyed, and the property it the shed, but there was
some salvage in the story immediately over the shed, and
in the engine house to the amount of about 3001. The total
loss is about 1,0001. or 1,2001, including building, stock,
and machinery. The whole property is insured in the
West of England. The fire is supposed- to have
originated from the over-heating of the saws, by fric-
tion, which having communicated with the saw-dust, it
was supposed to have smouldered all night and broke
out in the morning.
The third fire broke out early yesterday morning, in
the warehose of Mr. E. Bancroft, straw-bonnet manufac-
turer, which is situate on the north side of St. Anne's-
street, at the corner of Back-square. The building,
which is four stories high, with a frontage of about
twenty yards to St. Anne's-street, has recently been
partially rebuilt. The ground story was occupied
as shops, four in number, and the other three stories
formed
the warehouse of Mr. Bancroft, to which access
was given by a door at the corner of Back-square. The
shops were in the several occupations of Messrs. G.
Scott and Co., seedsmen
Mr. Briudley, fishmonger, Mr.
Harrison, hat manufacturer, and Messrs.' Dixon and Bell,
combustible cigar and tobacco dealers. Owing to the exceedingly
lightt
was gutted
unroofed
01\01fad in a
Mr. Ba nc rvoefrty' s s stockh ort
space e
building
of time. Had there been a proper supply of water from
Are first, there is no doubt that most of the property
would have been saved.—Manchester Times of Saturday.

LAW INTELLIGENCE.
BAIL COURT, N0v.27.

WARRANTY OF A HORSE.-COOKNEY V. MARRIOTT.

This was an action brought by the plaintiff, an at-
torney, against the defendant, an ironmonger, to recover
damages for the sale of an unsound horse, which had
been warranted sound.

Mr. V. LEE having opened the pleading,
Mr. Sergeant LUDLOW stated the case to the Jury.
It so happened about the 28th of May, 1840, that the
plaintiff was in the situation of a gentleman in want of a
horse, and the defendant in that of a gentleman having
a horse to dispose of. In consequence the defendant sent
a grey horse, the subject of the present action, to the
stables of a Mr. Yeomans, a livery stable keeper for the
plaintiff see him. Yeomans having examined the
horse to ascertain that he was sound in limb,
tried to cough him, but was unable to do so, as the horse
reared up. Defendant's servant told him not to do that,
for the horse was shy about the head. Yeomans then
was about to try him with the stick, when Marriott's
servant told him not to beat the horse about, for
that he was perfectly sound. After having the
horse tried in a brake and in the saddle, Mr.
Cookney, purchased him for 251. and rode him home,
that evening, to his residence at Hampstead. On going
up Haverstock-hill, however, certain sounds were eli-
cited from the chest of Mr. Cookney's new purchase,
which, however amusing to the bystanders, were any-
thing but pleasing to the ears of Mr. Cookney, who, when
he examined his horse in the stable, discovered that he
had purchased a regular roarer. He thereupon sold him
to Mr. Yeomans for 181.., and applied to Mr. Marriott for
the difference between that amount and 251., to recover
which the present action was brought. Mr. Yeomans
placed the horse in a chaise, and sent him down to Ep-
som races, and on the road he performed like a com-
plete band of musical instruments, being not only
a roarer, but a piper and whistler, drowning the sound of
the bugles and horns they passed on the road. The
evidence of Mr. Yeomans, the livery stable-keeper, and
that of his servants, bore out the statements of the
Learned Sergeant's speech, and great laughter was excited
by Mr. Yeomans's description of the marvellous musical
performances of the horse on the Derby day. Accord-
ing to his account, the grey must have been the very
Lablache of horses. The case for the prosecution being
concluded.

Mr. ERLE addressed the Jury for the defence, and
after ridiculing the idea of the defendant taking in an
attorney, said that the real fact was that this was merely
an attempt to saddle the defendant with costs. At the
time the horse was purchased the plaintiff was distinctly
told that Mr. Marriott would not warrant the horse, and
the facts showed that such was the case. Where was the
necessity of trying the horse if it had been warranted
sound ? Mr. Marriott had distinctly told the plaintiff
that the horse would not be warranted, and the horse had
been taken away from Yeomans's stables in consequence.
The plaintiff had then gone to Jewell, the foreman
of the Bolt-in-Tun, said he liked the horse, hut that Mr.
Marriott would not warrant him. The plaintiff and Jewell
had then gone to Marriott's stables. Jewell examined
the horse, tried his wind, pronounced him sound, and
advised Mr. Cookney to purchase him without warranty.
They afterwards met Mr. Marriott, who distinctly told
Mr. Cookney he would not warrant him, and Cookney
purchased him upon the distinct understanding that
there was to be no warranty. The purchase took place
on the 28th of May, and on the 29th of May Mr. Cook-
ney wrote Mr. Marriott a letter, stating that he had
discovered that a horse, for the purchase of
which he had been in treaty, was waiting
for him at Hendon, and requesting. Mr. Marriott to
take the horse back ; this Mr. Marriott refused to do ;
and on the sth of June, he having sold the horse to
Yeomans on the 3(1 of June for 181., Mr. Cookney wrote
a letter to Mr. Marriott accusing him of fraud, and
threatening him with legal proceedings, unless he re-
turned the 25L and took the horse back again. With

regard to the wonderful story of the adventure on Haver-
stock-hill, he should prove that on the day of the pur-
chase, Mr, Cookney said he had driven out his wife with
the grey, and was much pleased with his performance.
If he was enabled to prove these facts, he thought he
should fully entitle himself to their verdict. The-
Learned Counsel then called Jewell, the foreman at the
Bolt-in-Tun, Mr. Marriott, jun., the son of the defen-
dant, and other witnesses, whose evidence bore out the
statements made in his speech:
Mr. Cookney's letters were then put in and read.
Mr. Sergeant LUDLOW replied at great length.
Mr. Justice PATTESON, in his summing up, charac-
terised the letter of the plaintiff of the 6th of June as
a most offensive letter ; and said that if the plain-
tiff at that time had .been of opinion that he had re-
ceived a warranty he would, as a lawyer, in that letter
have told the defendant that he proceeded upon that
warranty instead of charging him with fraud.
The Jury, without a moment's hesitation, returned a
verdict for the defendant.
Mr. Justice PATTESON—There never was a clearer case.

COURT OF EXCHEQUER, Nov. 27.
GREEN V. BAKER.

The plaintiff, Ann Green, a domestic servant, brought
this action against her late master, Edward Baker, Esq.,
a gentleman of fortune, living at Lion House, Stamford-
hill, to recover compensation for the injury she had sus-
tained in having been falsely imprisoned on a charge of
felony.
Mr. C. Jones, with whom was Mr. Pearson, ap-
peared for the plaintiff, and Mr. Thesiger and Mr. Butt
conducted the defendant's case.

vv
William Chambers, police-pergeant 18 N, took the
plaintiff into custody in the evening of the 26th April
last, for stealing a box; he received directions from Mr.
Baker, who had called in the morning of that day, and
given information of having been robbed, and at the
same time giving the address of Ann Green, at the
house of a Mrs. Webb, of Church-street, Newington.
The box was found at her lodging, and she was taken
to the station-house, when she remained till, the follow-
ing morning, when she was conveyed before Boyce
Combe, Esq., at Hatton-garden, and discharged.
Cross-examined—Mr. Baker said he did not wish to
press the charge. When he called'he said he had missed
several articles and left a paper (put in and read—the
following is 'a copy) :—" Ann Green left the service of
Mr. Baker on the 24th of April—missing a strong deal
box, with a till inside—a set of weights from a half-
pound downwards—a new scrubbing-brush—some sauce-
pans newly-tinned, and a silk umbrella.
" Ann Green was sent away before her time, in con-
sequence of leaving a candle burning in her bed-room,
us:ng very bad language, and striking the housemaid and
footman. We also find that she sold the kitchen stuff,
although allowed a gratuity a year for it."
Much merriment was occasioned by the reading of this
document. Two other witnesses were examined on the
part of the plaintiff ; after which Mr. Thesiger addressed
the Jury for the defendant. He observed that it was
not denied that the box had been taken away, however
trifling in value, which would, therefore, support the
plea of justification.
For the defence Matilda Webster was called. She
stated that she was formerly housemaid to the defendant;
remembered the plaintiff living there as cook ; the latter
was discharged on the 24th of April ; witness brought
the box from the plaintiff's room into the hall, and she
took it away.
Cross-examined—Has left the service of the defend-
ant. When she brought the box down she did not
know it was that which had been kept in the kitchen.
There was a lamp in the hall at the time. Could not
say whether it was lighted, or whether she went up stairs
with a candle. Believes it was light enough without.
Cannot say whether it was seven or nine o'clock. Has
quarrelled with the plaintiff. There were faults on both
sides. Both had given warning, though witness staid
there: several months afterwards. Master was in the
hall ; he did not say, " There goes one of my boxes ;
d— her, if it is, I'll give her law enough for her impu-
dence." Me only said sbe was " werry himperent."
There were four servants—cook, housemaid, footman,
and odd man.

Edward Baker, defendant's son, stated that the plain-
tiff had acknowledged her having taken the box when at
Hatton-garden, and.requested him to intercede with his
father, as she had no father or mother. Cross-examined
—Believes she is 40 years of ao.e.
The box was produced to the jury, and excited much
laughter, as it resembled an old candle-box. It was said
to be 40 years old.
Mr. C. JONES replied at considerable length ; and the
Learned Judge summed up, giving an intimation that,
however slight the value of the box, if feloniously ab-
stracted, the plaintiff's imprisonment was justifiable.
The Jury, after a few minutes' deliberation, gave a
verdict for the plaintiff—Damages, 20rl.
Lord ABINGER—That, gentlemen, is your verdict, not
mine.

POLICE INTELLIGENCE.
MANSION-HOUSE.
The justice-room was crowded with commercial men
in consequence of the understanding that a full examina-
tion of Jose Joaquirn Gonsolo Baste, charged with hav-
ing stolen wine warrants of the value of 6001., and eight
Portuguese bonds for 5001. each, would take place.
Mr. Humphries attended for the prosecutors, and Mr.
Clarkson and Mr. Sadgrove defended the prisoner. Both
the wine warrants and the Portuguese bonds had been
placed in the hands of Mr. Jackson, of Piccadilly, who
advanced money to a Mr. Campbell, an acquaintance of
the prisoner, upon them. The evidence entered into
upon this examination occupied a considerable time.
Richard Jackson, of No. 45, Piccadilly, stated that he
saw the prisoner for the first time on the 12th instant.
He knew a Mr. Campbell, a wine merchant, of Mark-
lane, who was in the eat ly part of the year indebted to
him upon a bill of exchange and partly for cash. About
the 17th or 18th of March he had a bill from Mr.
Campbell, drawn by J. J. G. Basto, for the sum of 1201.,
which was not paid. On the 29th of September Mr.
Campbell brought to him four Portuguese bonds and
deposited them with him, and witness advanced to
Campbell upon the bond at that time 1001., and sub-
sequently 921. 15s. Mr. Campbell afterwards brought
him four other similar bonds, upon which he advanced
the sum of 6331. 15s. An account was settled between
Mr. Campbell and witness, leaving the former in-
debted to the latter, 1,000/. On the'l2th of November,
in consequence of an advertisement witness saw in the
newspapers, he sent to Mr. Campbell at Air.
Basto's office for an explanation of the extraordinary
transaction referred to. Mr. Campbell asked Basto to
explain, and that person made a statement which was
extremely confused and unintelligible. It appeared to
be to the effect that Basto had received the bonds from a
a relation in Portugal for the purpose of getting them
converted, and then sending • them back. Basto and
Campbell offered to bring him the 1,000/. and he said
he should come to the City to have the matter settled,
and that he should not come away without the
cash, unless he should find it necessary to go
to the Portuguese Financial Agency-office. Mr.
Campbell and the prisoner talked together for some time
about something which witness did not hear, but he
heard Campbell say to Basto, " You have bills," and

suggest that some wine-warrants should be given to him.
A desk was then opened, and Basto took out a book,
and took down some particulars of wines from it, and
offered the paper to witness, who refused to receive it.
Basto then wrote out some orders, which witness saw

were directed to the superintendent of some docks. Wit-
ness also refused the orders, and then Basto went, taking
the orders with him. Witness waited till half-past five
o'clock, expecting that the wine-warrants would be
brought to him, but they did not arrive. Mr. Campbell
and his clerk then promised that the warrants should be
at his house in the morning, and the six wine-warrants
produced were accordingly brought to him next morning
by Mr. Campbell's clerk. In consequence of the publi-
cation of what took place at the Mansion-house on the
subject of these wine-warrants, witness came to the City
in order to state what had occurred to him. . .

Mr. Campbell's solicitor said he was anxious to ask
Mr. Gardiner, the clerk to Mr. Campbell, a few ques-
tions to show that no imputation could rest upon Mr.
Campbell's part in the transaction. In fact, that witness
desired to be allowed to add something to the testimony
he had already given upon the occasion.
Alderman GIBBS said that, as a postponement Was re-
quired, a full explanation might be given at the final ex-
amination of the prisoner.—The prisoner was then re-
manded.

Richard Hibbert, the person charged with having de-
stroyed or detained a will made by his mother in favour
of her youngest child, Agnes Hibbert, was brought up
for re-examination.

Alderman COPELAND stated that he attended as agent
to the prisoner's brother, who was the captain of an East
Indiaman, with whose family he had long been on the
most intimate terms, and for whom he had the highest
possible respect. For the sake of the family he requested
that the case should be postponed for a few days, in order
that an arrangement might be come to if possible.
Alderman GIBBS consented to the postponement, but
could not help expressing himself very unfavourably of
the conduct of the prisoner.
BO W-STREET.

Samuel TVilliams, who stands charged with stealing a
considerable quantity of plate from the house of the Rev.
Dr. Giles, of Windlesham Hall, near Bagshot, was
brought up for further examination. It will be recol-
lected that on the former examination, Mr. Kirkham, a
pawnbroker in the Strand, and with whom the plate had
been pledged by the prisoner, was ordered into custody,
but was afterwards admitted to bail on his entering into
recognizances, himself in 2001., and one surety i❑ the
same amount, to appear again on Saturday. He now at-
tended, in pursuance of his recognizances. Previous to
the case against Williams being gone into,
Mr. Clarkson, who appeared on the part of Mr. Kirk-
ham, stated, that so far from his knowing or even sus-

pecting that the prisoner 'Williams had stolen the plate,
he had unfortunately been made the dupe of that person,
and lie was now willing to be a still greater sufferer, by
at once giving up all the plate which had been pledged
with him. Ile hoped, however, that the Court would
no longer consider that Mr. Kirkham had been guilty of
felony, or think it necessary any longer to hold him to
bail to answer that or any other charge.
Mr. JARDINE said he had, since the former examina-

ion, carefully read over the whole of the evidence which

was then adduced. The manner in which Mr. Kirkham
conducted h'mself on that occasion had led to his being
ordered into custody, and a wrrrant being granted to
search his house. Now, however, that Mr. Kirkham

had received better advice than that by which he appeared
to have been guided on the former examin•ition, he
would not commit him for trial, or any longer hold him
to bail. He was, therefore, discharged from his recogni-
zanc's, but must remain in Court to give evidence against
the prisoner.
The case against Williams was then proceeded with.
Flower, the Solicitor, attended on his behalf.

Dr. Giles repeated the evidence he gave on the pri-
soner's former examination, adding that he had since
been to Windlesham Hall, when he was informed by t
servants that the prisoner had removed forty dozen of
wine from the cellar, and forwarded it to London,
and he had since ascertained that twenty dozen of
it was in the possession of an attorney as a security
for the amount of a bill of exchange which he had
discounted for the prisoner. He had also found on
his visit to Windlesham Hill, several letters addressed
to the prisoner. Among them was one dated 50,
London-wall, and signed by a person named Thornton,
in which the writer, among other things, said, " I have
just opened a house for play; I have engaged one of
Crockford's men. You may, if you join us, have the
command of your own money, and need not take an ac-
tive part unless you choose. I will explain all if you
will let me have a private interview with you."
On cross-examination, Dr. Giles stated that the pri-
soner's wife was a highly-respectable lady. Ile believed
that the prisoner had pledged his plate in consequence of
his being in temporary difficulties. It was understood
between them that if the prisoner, wished he might
drink the wine in the cellar, and pay for it afterwards.
The prisoner had written him a letter, offering to pur-
chase the plate, but witness took no notice of that letter.
Mr. Kirkham and his shopman were next examined,
and they produced the prosecutor's plate, and stated that
it had been pawned with them by the prisoner at various
times between the 2d of June and the 9th of September.
Mr. JARDINE said that in the absence of any evidence
regarding the stealing of the wine, that part of the case
against the prisoner must stand over for the present ;
but in the meantime Weston the officer would go to the
house where the wine was, and place a seal upon each
hamper,,at the same time cautioning the party in whose
possession it was that he must not part with it.
The prisoner was then remanded until Friday next.
William illence, a letter carrier, was committed for trial
on a charge of stealing a sovereign from a letter which
had been entrusted to him to deliver.
Joseph I'aybody, charged with uttering several forged
cheques—the particulars of whose case have recently been
published—was committed to Newgate for trial. There
was no additional evidence given.
WORSHIP-STREE
On Saturday night, at the close of the office, Mr. 11.
TV. Weston, late the proprietor of the Hackney Tempe-
rance Hotel, Hackney, appeared to a summons before
Mr. Broughton, charged with using threatening language
towards Mr. William Oxley, M.D., proprietor of the
Lunatic Asylum, Hackney, and President of the Hack-
ney Temperance Society. Mr. Wolfe, a solicitor, at-
tended for the complainant, who having explained the
nature of the charge, at the same time stated that an
infamous accusation had been preferred against his client
by the defendant, but which was likely to come before
another tribunal.
The complainant being sworn, said the defendant
about a twelvemonth ago obtained possession of one of
his houses, for which he was to pay a rent of 401. a year.
The house he held was called the Hackney Temperance
Hotel. Complainant had a large quantity of furniture
in it, and some had been supplied by the defendant. The
latter was in arrears of rent two quarters, for which fre-
quent application was made and negotiations entered
into, but without effect, when complainant threatened to
place a broker into possession. He had previously paid
various rates due by the defendant to prevent a distraint
'upon the goods in the house. On the 15th inst., he
stated peremptorily that if he had not some rent given him
that a broker should take possession, when, as no arrange-
ment could be determined upon, he last Saturday took a
survey of the furniture in the house, and as it appeared
in a most shameful state, he distrained, at the same time
giving instructions that the wearing apparel and a few
pieces of furniture should be restored. About one
o'clock that day the defendant called upon him and asked
him if he would not let him have any more furniture,
and upon complainant refusing he threatened that he
would do for him. He had an umbrella in his hand,
which he held up in a menacing attitude, and com-
plainant was obliged to protect himself by placing the
door he was standing by between himself and the defen-
dant. The latter subsequently circulated a report of a
most infamous character against him, and went to a pub-
lic meeting where he also used expressions highly dero-
gatory to his profession.
Mr. John Newman, London-street, Hackney, coffee-
house-keeper, said that he knew both complainant and
defendant. The former was President of the Hackney
Temperance Society. Last Monday night a meeting of
the Society was held, at which about 100 members were
present, when the defendant, contrary to the regulations,
without being called, got on the platform to address the
company. He said that Dr. Oxley had used him like a
villain, and had robbed him of 501., and that he had kept
away that evening, as he knew that he (defendant) would
be there. Witness called him to order, and told the
meeting that the doctor had some pre-arrangements.
The defendant, however, continued, and observed that
the next time he saw complainant he hoped it would be
either at the Old Bailey, or hanging at Newgate. The
defendant was hissed by the ladies, and witness eventually
succeeded in removing him.
By Mr. BROUGHTON--I have known the complainant
three-years, and never heard the slightest taint on his
character.
Mr. BROUGHTON here observed that it was right that
he should inform the complainant, that when the officer
executed the summons on the defendant, the latter
showed him two letters referring to the accusation above
alluded to, one of them being addressed to the Commis-
sioners of Lunacy, and the other to the Earl ol Stan-
hope, Head President of the Temperance Societies.
The defendant remarked that the subject was in course
of investigation.
Mr. BROUGHTON further observed, that the officer had
read the letters to the Commission of Lunacy ; and he
stated to him, that, as an action would probably arise
out of it, he ought to be particularly acquainted with
the contents of the letters.
The defendant was held to bail.

MIGRATION SCHEME.--To stave off the evil
day--to indulge the aristocracy a little longer with their
favourite Corn-laws, it is said that the Government is
about to launch a new " tub to the whale," in the hope
of diverting attention from the real source of all the evils
under which the country is suffering. This new scheme
is a plan of " emigration upon a large scale." If the
poor and helpless alone be taken off, their own condition
will be little if at all improved, nor can they add to the
wealth or power of the colony upon which they may be
thrown for support. Upon those left behind must be
cast the burthen of removing those who cannot remove
themselves. Thus additional taxes will be required with
fewer hands to contribute them.
It 7 will be seen from several announcements in
this paper th:it distress and poverty are overspreading
the land, and that the demons of monopoly will at last
feel the screw. The slate trade, which is the very es-
sence of our local prosperity, is fast sinking in the gene-
ral ruin which Tory monopolists are bringing on the
country. At Bangor quay, the property of Col. Douglas
Pennant, M.P., trade is actually at a stand-still; the
whole amount of orders for one whole week did not ex-
ceed ten tons. Thirty labourers were discharged from
the quay, and four from the slate framing shop. There
are in Braich y Cafn Quarry nearly 2,500 persons em-
ployed, many of whom, unless the curse of monopoly be
speedily removed, must of necessity ere long bo clis-
eharged....—Carnarvon Herald.