The Sun.
London, England, 1847-02-02 00:00:00

COLE V. SEWELL.

This case came before their Lordships upon appeal from
the decision of the late Lord Chancellor of Ireland (Sir E.
Sugden) dismissing the bill filed by the plaintiff for the
purpose of a partition and allotment to him of an estate
called Daly or Quanabury, situate in the county of Galway.
The case, which is one purely depending upon dry points of
law, appears likely to occupy their Lordships a day or two.
Mr. Turner and Mr. Malins appear for the appellant, and
Mr. Tinny and Mr. Shapter are counsel for the respondent.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE CHANCELLOR or ENGLAND.)
His JJonour the Vice-Chancellor of England sat in his
Court in Lincoln's Inn to-day, and heard motions, but no case
of any interest occurred during the morning.

COURT OF REVIEW.-(THIS DAY.)
(Before Sir J. K. Bnucz.)
His Honour sat to-day in Lincoln's Inn-fields, and was
occupied in hearing bankrupt petitions.

WEBSTER V. ACRAMAN.
This was an appeal from the decision of the Commissioners
of Bankruptcy, and praying to be permitted to claim for a
larger sum than was granted against the estate of the bank-
rupt.
Mr. Russell and another Learned Gentleman appeared in
support of Mr. Swanston and Mr. Selwyn against the petition.
The 'case was of no general interest, and his Hosoua
confirmed the decision, dismissing the petition with costs.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prins, at Westminster, before Mr. Justice
Elan and Common Juries.)
COUNSEL AND TIIEIR CLIENTS.—BENNETT V. HARTIL AND CO.
This case was the second in the list, and was called on im•
mediately after the sitting of the Court, the record in the first
case having been withdrawn. An unexpected difficulty,
however, occurred, as Mr. Peacock, who had been retained
for the plaintiff; was not in attendance to conduct his case.
After waiting for a short time,
Mr. Justice ERLE intimated that if the case was not pro-
ceeded with, either the record would have to be withdrawn.
or the plaintiff non-suited. He suggested that the attorney
should instruct another counsel.

The attorney had no brief; it was in Mr. Peacock's pos •
session. He was, however, proceeding to instruct Mr. Pig••
gott, when
Mr. Peacock entered with his brief.
Mr. Justice ERLE said—" Mr. Peacock, every cause in
the list is the first in the mind of a practical man."
Mr. PEACOCK proceeded to open the case.
Mr. Justice ERLE—CaII your first witness.
Mr. PEACOCK. (who was reading from his brief) said he
was opening his client's case.
Mr. Justice Earx said he was reading his brief verbatim.
Mr. PEACOCK then called his first witness, and haviup
examined her, he placed his brief in the hands of Mr. Ball,
and withdrew for the purpose, no doubt, of transacting
business in some of the other courts.

The case itself was only of the ordinary kind. It was an
issue under the Interpleader Act, to try to whom a quan-
tity of furniture deposited in two houses, situated at 40 and
39, Green-street, Grosvenor-square, one of which is known
as Talbot's Hotel. The plaintiff had been the conductor
of the Exeter Hotel, in the Strand, and the defendants are
wholesale ironmongers at Dudley, in Staffordshire. The fur•
riture in question was contended to have belonged to a Mr.
Thompson, who also carried on the business of an ironmonger
in South Molton-street, Oxford-street, and that in L.ay,
1845, it, with some plate, which was subsequently stolen, was
sold to the plaintiff for a considerable sum. An inventory of
the articles, and a receipt, bearing the signature of both
Thompson and his wife, were produced.
A witness proved the signing of the receipt, and the pay-
ment of 3801.

In August last year, the defendant levied a distress on the
goods for 56/. 15s. as the goods of Thompson. The whole of
the property was valued at more than 660/.
Mr. Knowles and Mr. Miller were for the defendants, on
whose behalf it was contended that the assignment was col-
lusive, and was made for the purpose of cheating Thompson's
creditors, when he found himself in an embarrassed condi-
tion. The goods had remained in the possession of, and had
been used by, the Thompsons for a considerable time after the
alleged sale.

Mi. Justice ERLE commented upon the frequency of frau-
dulent transfers, or transfers by creditors for the purpose of
meeting their creditors with a bill of sale or an assignment,
when they adopted ulterior measures, and so neutralizing
their levy, and left it to the jury to say whether, in this case.
there had or bad not been a transfer of this nature. He said
it was a remarkable and suspicious fact, that the plaintiff had
never exercised or put forth any right of, ownership over the
property until a distraint was put in.
The jury found a verdict for the defendants.

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EXCHEQUER CHAMBER.
(THIS DAY.)
(Sittings in Error, before Lord Chief Justice WILDE, Mr.
Baron PARKE, Mr. Baron ALDERSON, gr. Baron ROLFE,
Mr. Baron PLATT, Mr. Justice MAULE, and Mr. Justice
WILLIAMS.)

HOWARD V. GOSSETT.
The Court gave judgment in this cause, reversing the de-
cision of the court, below. The Court were of opinion that
the warrant issued by the Speaker of the House of Commons
was valid, and that the plaintiff in error, the Sergeant-at-
Arms (Sir W. Gossett), was justified in acting upon the same.
The verdict must therefore be entered for the defendant.

BANKRUPTCY.-(THIS DAY.

IN RE GODFREY.

This bankrupt, who had carried on business as a builder at
Milton, near Gravesend, came up for his last examination.
Mr. SOUTHGATE, the solicitor to the assignees, opposed on
the ground that the bankrupt had not furnished proper ac-
counts, although the examination had been adjourned for
that reason ; an allowance of V. a week had been made to
enable him to furnish proper accounts.
Mr. CooKE said that the bankrupt had done all in his
power, but, although they were in a forward state, the ac-
countant had refused to go on until he was paid further on
account, and bankrupt was prevented from doing that by the
suspension of the allowance.

Sir. SOUTHGATE said the estate was materially deterio-
rated by the delay, as there were mortgages, leases, and
rents mixed up together, and it was impossible for the assig-
nees to know the justice, of the claims or their own rights.
The Learned Cosairssiorifia said that assignees were at
all times justified in stopping the allowance to a bankrupt ii
he did not render, not only ordinary, but effectual assistance
to his assignees. The present difficulty was one the Court
had to combat, and arose from traders not keeping proper
books. The Legislature had not made the neglect directly
penal, but the Court was indirectly doing so, by leaving
those who were culpably negligent unprotected, or at least
without the pale of its sympathy.
Mr. COOKE said the, Court was most effectually working
the desired reform.

The Learned COMMISSIONER said adjournment's must not
take place from time to time at the expense of the estate; his
experience, however, was that assignees in general were
liberal, and if the bankrupt did his best perhaps the costs
would not be required of him; the case would be adjourned
at the bankrupt's expense for three weeks, the !accounts to
be filed in three days. He would not then suggest the allow-
ance until the bankrupt had evinced a strong desire to
assist the assignees.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.
(Before the RiEconmen.)
Robert Glenroy and Malcolm Graham, aged respectively
17 and 18, were indicted for a burglary in the house of Mr.
George Taylor, and stealing twenty-nine spoons and other
articles. The evidence was perfectly clear, and the prisoners
were sentenced to ten years' transportation.
John Wilson, aged 20, a tailor, George Williams, aged 19, a
brass founder, and George Standish, aged 18, a labourer, were
charged with a burglary in the house of Mr. Henry Psrring,
of Farringdon-street.
It appeared that the two first prisoners, on the 23d of
January last, were seen loitering about the shop window of
Mr. Perring, and after a litte time one of them broke a
window, and abstracted a watch worth about 401., with
which they attempted to get away.
Their guilt was clearly proved, and Wilson was sentenced
to ten years' transportation, and Williams to seven years' trans-
portation. Standish was near the place at the time, but the
evidence was insufficient to implicate him with the transac-
tion, and he was acquitted.
Alice Lee, a very respectable-looking person, of seventeen
years of age, charged with stealing a basket, a necklace,
and a quantity of beef, was sentenced to six months' iinFri-
sonment.

BOW-STREET.-(THLS DAY.)
Benjamin Keniston, a boy of about ten years of age, wa
charged with stealing the "change bag," containing abott
4i. in silver, from the till at Mr. Farrance's, confectioner, 67
Charing-cross. -
Amelia Baker, a young woman engaged in Farrance's
shop, said that at about eleven o'clock this morning she was
in the shop, and saw the prisoner opening the shop-door to
go out, with the bag in his hand, having entered and taken
it from the till with such caution as to escape notice com-
pletely. He was going out at the side door (in Spring-gar-
dens), sad must have entered by that door, crept round the
counter, and drawn out the till, in order to take out the bag.
Witness, of course, ran after the prisoner, who went along
Cockspur-street, and who, on finding himself hard pressed.
threw the bag down an area. He was stopped immediately
afterwards by a man in the street. She had not lost sight of
him for a moment. The bag was afterwards picked up ;it
contained ten half crowns, 40 shillings, 25 sixpences, and
some halfpence.
This statement was partly corroborated by the man who
stopped the prisoner, and by the policeman, A 63, who took
him in custody.
The prisoner made no defence, and was committed for trial.

FLANDERS MAIL.
DEPARTMENT OF THE INTERIOR AND FINANCE
—IMPORTATION, DUTY FREE, OF FLOUR, FROM
WHATEVER COUNTRY IT MAY COME.—LEO-
- KING OF THE BELGIANS, &c.,
BRUSSELS, JAN. 29.—Seeing the law of the 22d of No-
vember, 1846, concerning provisions ; considering our decree
of the 30th of the same month, authorising, till the
June, 1847, the importation, free of duty, of corn of (We,
kind, the produce of countries out of Europe ; on the pro-
posal of our Minister of the Interior and of Finance; W 8 have
decreed and decree—

Art. I. By extension of the decree of the 3d of Novernber..!
1446, flour of every kind, the produce of countries Ur°
E"
is likewise declared free of duty on importation. are
Art. 2. Our Ministers of the Interior and Finance • u
e
charged each, as far as they are concerned with the execution
of this decree. Given at Paris, Jan. 27.
(Signed) LEOPOLD.
The Chamber of Representatives commenced Yestellil
the general debate on the project of law relative to the blue—
of the War Department.
• To-day the Chamber heard a report of the committee °f
manufacturers, which was rather important. The question
was to decide the petitions of Flanders asking for the tempor2l
prohibition of the exportation of flax. The Chamber non;
fined itself merely to referring these petitions to the Affable
of Foreign Affairs.
Their Majesties the King and Queen, according to acco,_7ll—,,A
very recently received, will return from Paris to Bruise,' "
Sunday evening.
BRUSSELS, JAN. 30.—The Chamber of Representatig:
continued to-day the general debate on the budget 011'
war department.
BRUSSELS, JAN. 29.—The smallpox continues to rsen--/-
several localities in the environs of Brussels, and espm'7B,
at Molenbeck St. Jean. It is generally remarked that
is
disease this winter chiefly attacks adults, and the cause
attributed to the tropical heat of last summer, which
end
succeeded by the most sudden transition to intense ;ore
Yesterday the wind was so high that several chimneys free
blown down. A little child, five years old, going t 0
school, was killed by the fall of one in Rue l'Arbre kierFn

T is, 30''''
THE SCOTCH IRON TRADE.--GLASGOW, . A-•
i• - - um' re,
The price of Scotch pig iron, delivered free on boar" hale
may be quoted to-day at 725. 6d. per ton net cash for . 0
usual proportions of Nos. Our market has assumed a
__,Hilrped
aspect this week, and though there have .been but 1_
.',"iit,
sales at the above quotation, and 745. three months' el
the price tends upwards.
I/
NELSON'S SHIP VICTORY.--A plan proposed the
Captain the Hon. A. Jones, R.N., is said to be under
consideration of the Lords of the Admiralty for placing the
Victory in the great quadrangle of Greenwich Hospital. At:
FIRE ON BOARD SHIP, AND Loss OF LlFE',...dedi
two o'clock on Saturday morning last a serious fire, at!'4-0,,„ et
with fatal consequences, brake out on board of the sonees
Zebra, of London, lying off the quay at Maryport.
i! the'
discovered by one of the town police, who, in pase----me-
vessel, saw a great light, and he found the after cahte Line
.pletely on Ire. Raising an immediate alarm, the e,"esd
belonging to the town was promptly brought to the spot, ss
got to work, but it was nearly two hours before the fire rte
extinguished. After the smoke and fire had subsided, se-0.e,,
of the crew went down to ascertain the extent a d.rofiltio
when they were shocked at finding the remains.of one ,c,'bin,
apprentices, named Weir, lying on the floor of the ''„'tect
burnt almost to a cinder. The fire, no doubt, 'Origiii.erie
from the carelessness of the unfortunate youth, an iron c
tilestick having been found in his berth.
TROTTlNG.—Yesterday the three miles trotticinga
match tor 201. a-side, between Mr. Hodges' bay tnare,ane, a
cob belonging to Mr. Rix, of the Borough, came e" 0," on.
mile and a half of road at Fig's-marsh, Mitcham-com _ by
file race was in harness, both horses been ably drive:
...;'.
their respective owners. The mare took the lead at thet rair"o
which she kept for two miles, and upon entering the las.de his
of the mile approaching the goal, the cob came along
opponent, and the mare became fretful and broke out tv,,„b an
lop twice. The time lost in pulling her in gave the 7dt ill
opportunity of making ground, and ultimately he tro
rod
the winner by four yards, and covered the three miles d
in 11 minutes and 4 seconds.
MURDEROUS ATTACK UPON A GAM:
Last night the police received information that
of the 29th ult., at Muckley, near Much W
county of Salop, Abel Martin, gamekeeper to .
was so severely beaten by a poacher, that 110
tertained of his recovery.
FATAL RAILWAY ACCIDENT.--Fi°l
ItESPONDENT.—Another accident occurred on ti]i
aeon
Sheffield, and Lincolnshire Railway 0,
t
which has been fatal to an engine- rive
Robinson, a married man. Robinson,
left the engine shed at Newton, about seven.
train of empty carriages for Hadfield, where ti
for Manchester with passengers at 745 A.X.
ceeded steadily, and on their arriving at the D
accorde
they came in contact with a train of empty coal "
had stopped at the station. The signal was
the passenger train to stop, but it was snowin
the time, and the engine driver did not see it
when he made an attempt to jump off the
under it. His head was smashed to atoms;
obliged to pick the poor fellow's brains off ti
put them in a bacon. The two engines were ni,
and the carriages were shivered all to pieces,
were driven right through the carriages, and '
loaded the sacrifice of life would have been
fireman of the passengers' engine escaped Vil
engine. The broken engine, and carriages,
were cleared off as soon as possible, which caul
about two hours. The train that left M;
Sheffield at 8 A.M. did not arrive at Sheffield
in lieu of 10*6. An inquest will be held on
morrow.
For some weeks past a rumour has prev
an augmentation of the army was to take place.
assure our readers that no real foundation exists --- 4 e
such report. With the exception of the organization ow
local corps for service in New Zealand, no increase of
azstte:o
~
military strength is intended.—United Service G
A rumour was current in town last night t
troi
effect that intelligence had been received of the resignasab•
of M. Guizot. We have no direct information upon the
jest, but we think it highly improbale.—MoresingiVer'
il
THE PACKET-SHIP HOTTINGUER. -- LIirg 11, .., es
MONDAY.—lntelligence was received here from the L:SW
Cork, dated Jan. 30, stating that the New York Psei I
cat
Hottinguer, Captain Bursly, which sailed from Liveney,
the 16th ult., had been obliged to put back into Con, anti
mg lost her sails in stress of weather. She would re-""
then proceed to sea.
QI4OOV
THE CLOSE OF PHEASANT AND PARTRIDGE ."- "r
~, a lerraii,
LNG. —Yesterday, the pheasant and partridge Bea_ bio,
listed, after one of the most abundant game seasons If
has been known for many years. .4 ...4,-
FUNERAL OF THE LATE SIR EDWARD txll3-",ef
The mortal remains of this much-lamented general'el7 og
was interred in St. Saviour's Cemetery, Jerseitio.
Friday last. Major-General Sir James Reynett, ii'lls "er
ceeded the deceased as Lieutenant-Governor and Command
r-e•
in-Chief, bad issued the programme for a grand militargb*
cession ; but, agreeably to the urgent request of Miss ua job
the surviving sister to the gallant officer, who did not Ti,,,,
to expose the force to the inclemency of the weather, 11
funeral was quite private ; Sir James Reynett and Sittb.
De Veulle officiated as pall-bearers, and Major Creaght,4Ou.
commandant of the 81st depot, and some of the leading 16"
ttemen of the island, was also in the train. The church Wal
JL.
crowded. It may be added that Major-General CalinPb,
who was succeeded by the deceased, also died and ices in-
terred in Jersey.
ROBBERIES.—On Saturday, between the heart
six and seven in the evening, a man twenty-five or twang
.i.,ixs. years old, carryingr ,
a blue bag on his arm, called at
residence
' of Mr. ' odd, in Nottingham-place, with a '
message, and stole from the hall two great coats, one of tb
dark green, lined throughout with sable fur, and Worth?
On Sunday evening the house of Mr. Tutt, No. 8, Gear
street, Camden-town, was robbed during the absence 0
inmates, of a double bottomed gold watch with three g°
seals and a key, twelve silk handkerchiefs, and other Pt... 4
perty. The thieves entered by breaking in at the kiteew
window. On the same evening, the house of Mr. Simms
11, Exeter-street, South, Camden Town, was entered
robbed of a gold neck-chain, 4L in gold, 10a. in a silk P i
,
and a great coat. .

BIRTHS.
On the 29th ult., at "Moyne Castle, Glamorganshire. the lady
Robert Francis denser, Esq., of a daughter.
On the 30th ult., at the Grange, Bradford, Wilts, the lady of
Cal
tam ralairet, of a soft.
On the 30th ult., in Milton-street, Dorset-square, Mrs. alasief,
daughter.
On the 31st ult., in Eaton-square, the lady of Gathorile Vara
of a daughter.

MARRIED. •
On the 28th ult., at Hawkhurst, Kent, William, second son of
Hoar, Esq., of Maidstone, to Elizabeth, eldest daughter of the 1811 P
Edward Young, Esq., of Hawkhurst.

DIED.
ed 79. ‘,
On the 22d ult., at Stoney Stratford, Mr. John Durham. ag _
On the 27th ult., at Stepney Rectory, Daniel Wpitt, eldest son
the Rev. Daniel Vawdrey, Rector of Stepney. "re plane, of
..„ On the 2Sth ult., William, only child of Mr. Irv-
Gravesend.

i
MONTHLY MILITARY OBaolineillolf.rith F00t..:
General—Sir William Anson, Bart., K.C.8.,
Lieut.- G e n e r a l - Sir Edward
mGibbs,it),
sCliopgrl
an o
Gnyer,lesEnosuyfat
Unattached,
Service,
esaeirltecsntr ve2aGd:dci
uacch:
ree:dcedi:osttcm:'
Cheltenham
theoin
1::::
1:
late of the First Life Guards;
3(‘;loalji;nre-General
e-Blel•eaclq—o Hector Maclaine,ltlnnE aUs tnlantdtai aelaCe°adm,ZP fill VIII_
Lieut.-Colonels—Hon. P. A. E. Frey.,
le, outh ; WodebOu,
Gibbs, half-pay, Bth Hat'
''
Meeeiregor, 4th Foot, Plymouth;
Service.
.Majors—Robertson, Service; Holmes, ditto; Egerton:
Burnett,
ditto;
Inaslttifir'elß7trhlgLadaencc;eDrsu'anns,"Aon:djanui!ani Dt
ZPKtarl '::'
half-pay, 90th Foot, Dublin.
nalt-paY -
laErda.stditltroid;ia Company
Dundalk;
ICteylon Rifle Reg -.1
ri 62d Foot,Calcutta; Muttlebury, 3d West Ind;
s
I.9:At
r 1; itt;Fe: foot li ityltl als:—Fl
1:11 , ' ;ism,rtoss,
Island,
WCart ~
Regiment,
el-JLt: Greenvale,l
labiaacl iiht' e'
s3ll-I;:talti Arnold,ct Chandler,l,otf;ti .ilh-vtesi .12d1,a7
went, .
lln ;
Wand of Mull; Voberth, half-pa ,
Carey, i i i gg I nh
'a'l half-pay, -"lll.l,t;gsry°l - 'Pr,
"cca4'3:4:adt:Rih'c'ialo}':u:'3tti,tl a'
ao.htollYt,o-1-;llld"'rD);°dirtaanoliaßitn‘dglCt,oele°oobrr:).l;* half-pay, l' t . halfp, : pay,4Bth 7Ft oho tFr:IILDeall
3d Hussars, German Legion.
,
1,,,,,,„5_1'r,,i, man, -loth Foot, Guernsey; Brooke, 52d Foot,
Canada; Blackburn, 99th Foot, killed in New Zealand ; Coffin, half°
pay, 15th Foot; smith, half-pay, 72d Foot.
Paymasters Jolliite, half-pay, 34th Foot, Poole, Dorset; Gibbet
=-nAelausste_rp--(1,,pe:1-ip
Comm.hati-p
half-pay, 51st Foot ;
lied(.-, halt-pay, Kth Foot, Dublin; Wieler,
half-pay, 3d Hussars, German Legion.
Assistant Cont.-General C ade.,n3e3rdal
_ .- _..eneral Furrnidge, half-pay, Kensington; Surgeon-.
Major Johnson half-pay, (;rewalier Guards, Penshurst, Kent; Sur-
geon Steele, ha:l-
Brown, half-pay;
PaY, 2d Dragoon Guards ; Surgeon Flanagan, 11 7 •
Flovoitginotting-hill.
pay, 4th Dragoon Guards, Dublin. / -

.3fEN.Nrlat•-•-•
at, on the night
Verdock, in the
Earl Granville,
x) hopes are en%
OM A CoR4
the Manchesteri
aday- morning, -
named James
ling to custom,
n AM., with
the train leaves,
L They pro.
Dinting statiois-
waggons,whiclt
a turned on for
tig
very bard at
it
until too 9
engine and fell
and they. were
the ground and
Much damaged.
The buffer
had they been
dreadful. The
jumping off a
and vraggons
used a delay of
Aanchester f
. until 11'5
a the body
wevailed tb
lace. We
exists for an