The Sun.
London, England, 1841-08-21 00:00:00

LAW INTELLIGENCE

ASSIZE INTELLIGENCE.
HOME CIRCUIT—Croydon, August 20.

STAKES, CLERK, V. JOHN STEWART, EARL OF DARNLEY,

SAVAGE, AND OTHERS.

This was a feigned issue to try the liability of certain
lands in the parish of Cobham, in Kent, to the payment
of tithe to the Vicar. The declaration charged that the
lands in question were liable to the payment. of tithe in
kind, the defendants pleaded they were not, and upon
this issue was joined.
Mr. Thcsiger, Mr. Sergeant Channel, Mr. Peacock,
and Mr. Smith, were for the plaintiff ; Mr. Platt, Mr.
Chambers, and Mr. Bremwell, for the defendants.
Mr. TIIESIGER stated the case,
When the Learned JUDGE intimated that from the
nature of the case, it was utterly impossible that any
decision come to at the presant time could be final, and
as he would not attempt to give a judgment as to the ad-
missibility of such a mass of documentary evidence, he
should, under all the circumstances, feel it to be his duty
to both parties to direct that a special case should be
laid before the Judges ; and he therefore suggested that
this course should be at once adopted, without going into
the evidence, and occupying two or three days at least of
the public time, when no result could be obtained.
After some argument, it was arranged that a verdict
for the plaintiff should be taken, subject to a special case.

ROUSE V. FIVAZ.
This was an action of a rather extraordinary cha-
racter to recover the amount of a bill of exchange, by
one John Ashell Lemon, and accepted by the defendant,
for 331. 6s. Bd., and endorsed by the plaintiff.
The defendant pleaded that the bill had been given to
compound a felony, and that, therefore the plaintiff
could not recover upon it.
Mr. Platt and another were for the plaintiff, and Mr.
Thesiger and Mr. Espinasse for the defendant.
Peters, a clerk in the firm of Messrs. Winsborn
and Collett, attorneys, of Chancery-lane, proved the de-
fendant's acceptance.
Cross-examined—His employers were attorneys for
Mr. Nicholls, to whom the bill was originally given.
John Asbell Lemon, the drawer of- the bill in question,
was clerk to Mr. Nicholls, and he was in custody at
Union Hall, upon a charge of embezzlement, made
against him by Mr. Nicholls. He was in custody till
the 21st of November, and the bill was dated the 23d.
Never saw or know the bill to be in the possession of
the plaintiff till it became due. He was aware that
some money transactions took place, and that more
securities were to be given by Lemon.
Mr. THESIGER addressed the Jury fur the defendant,
and called witnews.
Lord Chief-Justice TINDAL, in summing, observed,
that the question the Jury had to decide was one of a
most important character. The offence of compounding
a felony, and this it was which was imputed by the de-
fendant to have taken place, was of a serious character,
and by the law of England no security was of any value
that was given for such a purpose, unless the person
holding it had given real consideration for it. The
Jury would have to say whether Rouse was put forward,
nominally, to relieve Nicholls from the effect of the de-
fendant's plea, in which case he would stand in exactly
the same position that he himself would have done; and,
secondly, whether the charge of compounding a fe-
lony had been made out: Undoubtedly if it had been a
mere question of debt, Nicholls would have been justi-
fied in seeking security from Lemon, but it certainly ap-
peared very strange that while the latter was in actual
custody he should have demanded a security for 400/. for
the appearance of Lemon after he was discharged, in
order that he might give other securities to the same
amount.

The Jury, after a minute's deliberation, returned a
verdict for the defendant.

NORTHERN CIRCUIT.---Liverpool, Aug. 19.
CIVIL SlDE.—(Before Mr. Justice WIGIITDIAN.)

HALL V. PROCTOR.

This was an action of slander ;Mr. Creswell and
Mr. Atherton for the plaintiff, Mr. Ramshay for the
defence.
The plaintiff and defendant are, it appeared, both in
the colour trade in this town, and on the ith of April
last happened to meet in a tavern in Brownlow-street, in
this town. Some conversation took place between them
as to a proposed sale by the defendant to the plaintiff o>
a large quantity of ochre, and it was agreed that they
should meet to settle the matter on the following day.
Some little time after the defendant came over to the
plaintiff's party, and offered to join them in a game of
draughts. This was declined, and the defendant being
somewhat irritated'at the circumstance, in the course of
the conversation which ensued, struck the table with his
hand so violently, as to break a glass. Some jesting
took place as to getting up a penny subscription from
the company to replace it, when the defendant at last be-
came very angry, and addressing the plaintiff said, " I
am not a poor scrawl like you. I can pay my way,
which you never could do. You're one of the biggest
scoundrels and wastrels in Liverpool, and everybody
knows it. I have heard it from a thousand. I should
have at you myself, but you're not worth powder and
shoe. I know a party will do you up before you're
many days older." The plaintiff, thus addressed, re-
quested some persons who were present to take down
the words, and expressed his determination to seek re-
dress at law for the aspersions thus cast upon his credit.
He told the defendant he did not owe 10/. to any one in
Liverpool, to which allegation the defendant gave the
retort courteous, " You're a liar." The plaintiff did not
resent this in the manner which such a declaration usually
provokes, the defendant being without an arm. Some
days after the defendant seemed to have thought better
interfered,
it the subject, and some mutual friends having
it was finally agreed that he should retract the expres-
sions, and pay for a champagne dinner for a party of
twenty. He then expressed in strong terms,
his regret at what had taken place, and intimated his
feeling that the plaintiff had ample reason to have re-
sented the insult at the moment by personal chastise-
ment. Again, however, he changed his mind, and de-
clined to make the amends required. The present
action was proceeded with, and on the writ being served
he reiterated expressions of similar tendency to the
above, saying that the plaintiff was a swindling scoun-
drel, and the greatest scamp in Liverpool, and he could
prove it.

- Mr. Ramstuir, for the defendant, contended that the
whole was a paltry squabble, which should not have oc-
cupied the public time for the period required by the
investigation ; that the defendant had admitted that he
had spoken rashly, and had made use of expressions he
could nut justify, but refused to give the champagne
dinner which had been capriciously required of him. He
denied that he had repeated the slander, as alleged.
A verdict was returned for the plaintiff—Damages 51.

FRENCH SENTIMENT.—III a small commune
of the department of the Gironde, two young people,
Clement Garilsy and-Marie Albert, had formed an at-
tachment to each other, and were engaged to be married,
when the lover was drawn for the army. At the begin-
ning of the present month they both disappeared, and
their families were thrown into the utmost alarm, as
Clement had often declared that he would rather kill
Marie, than leave her to become the wife of another. On
the Bth inst. these. apprehensions were lamentably
verified. A sportsman shooting rabbits saw a human
body lying in a cave-:amid the brushwood of the forest,
and he directly fetched a Magistrate to the spot, with a
medical man and other attendants. At the mouth of the
cave were found a woman's cap, laid with evident care
on a stone, and near it a man's handkerchief, a snuff-box,
a powder•flask, and a bag of bullets. On entering the
cave were seen the bodies of Clement and Marie, side by
side. with a gun near them, which had been discharged,
and was unquestionably the means of their destruction,
as the heads of both were much shattered, although their
features were still recognizable. The corpses were im-
mediately brought to the village, and buried together the
same day, amidst the lamentations of their families and
the whole community.—Galignanes Messenger.

COURT OF BANKRUPTCY.—Aug. 20.
(Before Mr. Commissioner FANE.)
IN THE MATTER OF MR. W. BALFE.
This being the day fixed for the final examination of
the bankrupt, a few additional proofs of debt were ad-
mitted without opposition.
A solicitor who attended for Mr. Mapleson (the copyist
of Drury-lane Theatre) and other creditors, examined
the bankrupt at considerable length, and it was substan-
tially as follows :
You have, Mr. Balfe, been seen riding in gigs and a
close carriage repeatedly. 'Were either of those vehicles
your own 2—No, they were not. They were occasion-
ally lent me by kind friends, many of whose families I
had professionally attended.
Have you any plate or linen which you have not men-
tioned in your schedule, or given up to your creditors ?
—No, I have not.

You have lived in what is called "good style," and
must certainly have had some " plate ?"--Yes, but it was
very trifling in amount, Mrs. Balfe and I sat down toge-
ther at dinner, while the children were at school, and I
could not afford my servants to dine off plate.
You received 2,5051. Bs. 6d. during the time the Eng-
lish Opera-house was open ; pray, how did you expend
that money ?—I expended every farthing of it in the
theatre, as will appear by my books and cash account,
which are now in the possession of the official assignee.
Have you not had a very valuable gold snuff-box ?
Yes, I had one, which was presented to me in Ireland ;
but my necessities compelled me to part with it to a cre-
ditor, who still holds it, but for more than its intrinsic
value as gold.
Have you not had several valuable silver cups or
vases ?—No, I have not. A valuable piece of plate was
presented to me in Ireland ; but that also I have been
obliged to part with.
Mr. Commissioner FANE asked to see the bankrupt's
balance-sheet, which was handed to him by Mr. Lloyd
(the accountant).

Dr. , Cr.
To Creditors. £2,838 19 013 y property (in
Capital, Jan.lB4o 50 00! dispute) £6O 0 0
Receipts of the I Personal expenses 1,230 0 0
Theatre 2,505 8 6 Expenses of the
Profits from teach- 1 Theatre
ing, &c. 300 0 0 Losses
Liabilities 811 10 6t Liabilities
...—....f Deficiency

3,811 17 5
565 0 0
811 10 6
27 10 1

£6,505 18 01 £6,505 18 0
Mr. Commissioner PANE—Have you, Mr. Balfe, any
other description of property than that described in your
schedule ?—I have, Sir ; I have an interest in three
manuscript operas, called respectively " The Bohemian
Girl," " The Magic Mirror," and " Adelvina," which are
not yet quite complete, and are mortgaged to the Alfred
Insurance Company and Mrs. Chappel, for 6001.
The bankrupt having been sworn to the truth of his
ballance sheet, and answered the.usual interrogatories,
was declared to have passed his final examination.
On one of the nights of Mr. Balfe's disastrous cam-
paign, the receipts at the Theatre were as low as 161. 4s.