The Sun.
London, England, 1847-02-01 00:00:00

.........smossosis.s. --sp." *."--"--"". 1"-•••• •
on a
i
such action as they may deem advisable, eithsilr 11
vmant or otherwise, as they may be advie,
upon
shall have the whole case establised at law. •fficulty in
Mr: GIrFARD —I am afraid there will be much -1 far
',21011 Int %.
tl MO I
A
trying an action, a shoft case would in my opi.
better.
The VICE-CHANCELLOR—The difficulty would be ittl Sep
a case. It appears to me, as the parties are proce *ding by
way of covenant in the deed, an action would settle it. ~.,.
0
Mr. ROLT—Then, Sir, the case stands over, and t. PI-91r.
tiffs are to be at liberty to bring such action as they • Pas 7 Y?
advised, with liberty to either party to apply?
The VICE-CfrANcELLon---In the usual way.
PSON V. PERSON.
This case stood on the paper to-day for lir. - Bethell's
reply, in case the parties could not come to some
arrangement. Our readers will recollect that the c ase cap'
before the court in the course of last week; and occtipieZ
one or two days in argument upon a motion tZ'r an ac° Inn.
and for the appointment of a receiver of the rprofs:tl of a bnal-
ness of architects and surveyors, carried on 1..7 tt.'e Ps roes,
who were father and son, at °sweaty, in Shrooshire. .
facts appeared to be as follows :—ln the year 1844 the fai thel
in consideration of a projected marriage between his son ?etfew
the. daughter of a gentleman in the same county,"- BP '
to take his son into partnership, and with this,'
_1.7
a deed was drawn 'up by which the term was fi: mi- the
1 ten years, and the son was to receive one-third of . ./.,,,
profits. It was stipulated also, that the son she tula,r.
diligent in his attendance. In June of the same y oar ':
marriage took place, upon which occasion the young • lady's
father settled a sum of 10,000/. upon her, and handed to tb
husband a cheque for 5001. as payment of a let ;ail V)
which the wife was entitled. The check was nu Ogr
quently handed back to the brother-in-law by the husks 111`"
for
The newly.married couple then proceeded, with the ArXte doe
of the elder Penson, to Paris, but it was stipulated i'sY the
father that the son should be back in time for the Derb ysl 11
sessions. He was, however, as it happened, one day Iwb 1"
the time, and this it was contended by the plaintiff, ad, declt.o
his having given the cheque for 5001. into the custody • of ,I 1
brother-in-law, a circumstance which was aggravated 1 ty ":?2,
having had occasion to apply to his father for mom 1611'
bring him home, was the cause of the prejudice against .1111o13:.
The rest of the case consisted of cross charges of neglik Vilwf,
and'disrespect preferred by the father against the son, a, itti.,._o+
injustice and harshness preferred by the son against . he
father, the result of which was the father declaring': Ite.
partnership dissolved, and the institution by the son or. I•L''
present suit.
The VICE-CHANCELLOR, when the case was brought 1 lefore
the Court, observed that he was the last person to le ato 11,,
compromise upon individuals who were unwilling to I isele°,.;
to it, but his opinion was, that if ever there was a ea 010,;:
which a compromise was advisable, it was the present. _it:
should not, however, shrink from deciding the question, the
was called upon to do so.
Upon this intimation, the case was ordered to stand OLet •
till to-day, and this morning, at the suggestion of A' .•'
Stuart, in the absence of Mr. Bethell, who was engag ed r_
the Lord Chancellor's Court, the matter was further ; parr
poned to Thursday. ~ •
It is generally understood that his Honour will sit: ..111,
Lincoln's Inn to. morrow.

•
QUEEN'S BENCH.—(THIS DAY.)i
This was the last day of the term. The greater par 1.411,4
t 6 morning was occupied with applications to enlarge r fur
to the next term, and with short cases of minor inter eel'
The Court will sit at nisi prius to-morrow, and in bane o=~
the Bail Court. The Court intimated that during Al
sittings after term they would take the new trial paper'
the ordinary course, and would not make any txception. 1s
favour of country cases.

.„7- ) ,
CRIMINAL COURT.—(THIS DA loiaa
The fourth session of the present mayoralty COMMC CI
this morning before the Lord Mayor, the Recorder, 1"1".
Chapman Marshall, and the Sheriffs Sidney and Kennard' •
The Grand Jury having been selected and sworn, - _.•
The RECORDER said that in the Calendar they would
168 names names of persons, against whom indictments will be 'Q
."
ferred, and that number was likely to be greatly incre: OM
before their labours would come to a conclusion. There
• '
no case in which a legal difficulty was likely to arise. In 'O3B mr
list would be found one case in which there was a charge'
the commission of an abominable offence, upon the testin sill&
of one witness. They would have to see whether there. ifTe ' +
any doubt of the testimony of that witness, lilnd.._je
not, it would then, however painful it might be, be the
duty to find a true bill. There were 10' •
in the list several cases of cutting and woun : - f
with intent to do grievous bodily harm, the chief of is t'___A , • I
arose out of an attempt to rescue a person who was ells !,4 .
with felony, and who had, in fact, been afterwards convi 041:
in that Court of the offence. The police were engage d Al„,
taking this person into custody, when several persons arts guy, .4( i
them with brickbats and stones, through which means d let:
..e
had had ensued; and he should observe, that as this charge, l'':...
~,,,',-t,
volved a much higher felony than that of attempting are Olt;
~, )47
they would have to see whether the evidence was c dos ',"/,
lated to sustain the higher charge, or if not, whether it • Adv.-- ,„,..
sufficient to justify the second, or lower charge, and I 0-•''‘., :,-'
~
their return accordingly. There was another char: le •, ~
manslaughter, which was founded upon the verdict ,i
_.„.
coroner's jury, and he had found the deppsitionmsawkheicab:
.332/27,,ed
4:.
~,:; A,
been furnished to him of so extraordinary a nature, a 'at . , •,I -
for -,,s
should depart from his usual course, and
remarks upon it. By this verdict a person 7 °first !':
Lovell was charged with the offence, in the, dot •; - ,
•
instance, and Martha Betts in the second. It appearnd_ air
;!,, ••.
a person named Hobbs was labouring under a clasper als
were . ~
order called Scala tettera, and that the persona charged
„,,, 1 har .••r.
in attendance upon her, and under direction hat.'l,C"'iDiet- k ,
in a warm bath, shortly afterwards she died. ...7 "1„, bowl •
ment charged them with placing wet cloths round t 7
odesdir'
and the body of the deceased, and thus caused heLnceasit 1
whereas the testimony of the medical witnesse=i,saible t ~,
stated that even if cold water had been used it wee ',TA death. '4'4'
that it could have proved even a remote ceeserii ct, that --';,„
This testimony was so directly contrary to tha,ve „ itmeasee .. A'
he (the Recorder) had directed the whole of tue ,i_ and f
who were examined before the coroner's jury to at/ Alamos
it the grand jury thought there were no other circa; o:lol4"4thst
to justify the indictment of the accused, he did cons :eiv._„B ',„r.•• .
this was just one of those cases in which they mil tht lu- '.
fere to shelter respectable persona from the 111-0 .1 ' . , '
of a criminal trial. There were several cases of Ira ._.,'
in the list, but with the exception of two none c ailing f°' . •
any particular remark. The first was a case where a policy •
wan, after being discharged from the force, called at one of ea
offices and demanded his expenses on a journey to. Cheit.,;/
ham. That was a case fit to be sent for full in qtlitY, a"
nothing was more likely to lead to great public iraconcet
ence than the allowance of such impositions as thie• I * •
other case was of minor importance, and merely ibtielf!, 01 ;
point of law on which they would have every asses tar cie 'llO
the Court. The other cases, though numerous, wo met ue43/0
happy to say, lighter in the character of the offe new '',lo
usual. He would now dismiss them to their duties. ;with 'ys
assurance that if any oifficulty occurred they mig lit 8111,1
apply to the Court for aid and it would be readily reredeiw"
*
The grand jury then retired from the Court. 'Lit,
' 'sr
N '
BOW-STREET.—(THIS DAY.)
...4 41
Two men named Bethell and Newcorne, and a soldiger Dada,
Campbell, charged beiore Mr. Hall with creating e„gore
turbance in Covent Gardea Market, and assault jug f',..,04 .
the beadle, and a young man who had offered his ; issieno
The beadle stated that on Saturday bight, abou a fou_r tot
minutes past nine o'clock, he was sent for to t'ho ccu
avenue of the market, where he found the prisone re crease
a disturbance and challenging the bystanders to fight-, the
seized Newsome, who struck him in the face, rad a'. ga •
same time some one struck him from bel and. .4..
succeeded, however, in taking them in clisribe
with the help of the young man mentioned show, he'' at
prizoner Campbell brandished a stick over his hcad, caigno
hold of the young man by the collar, and held him ant
the:
was forced to relinguish his hold by Johnson (tile °
beadle), who took him in charge.
el‘
The young man proved that it was Bethell wb o otre
(5,
Moore from behind when he was struggling with Ne vicintjat
Campbell, in defence, said that he caught holed 0 tor
young man by mistake, taking him for one of the °
prisoners.
Mr. HALL said he would fine Bethell and New come
is
each for the assault on Moore, and detain them mail it ig_.
paid, under the provisions ot! the Market Act. Tine cbs
against Campbell was not of so serious a nature, ale be
hita
not strike any one ; and he would, therefore, only fine e""
55., or commit him for nine days.
The fines were paid.

Y)

MARLBRO'-STREET.—(THIS DA
ht tip
Bridget Macguire, a young Irishwoman, was broug"- of
bafore Mr. Bingham, charged with breaking 22 pa13....t no, .
glass, to the value of 10/. 155., under the following v.''
stances : nis . ~ '
It may be in the recollection of the public, that 11°.44 .---1
months ago a young woman was brought before Mr.Elardlitio
at this court, charged with breaking the windows 91...„ A 01";
apartment adjoining the court, and she then told so Arl'ircrier , 1.4
talc of distress, which she alleged to be the cause o,'..,ith
breaking the glass, that the Magistrate was interested %la
the young woman's story, and caused inquiries to be 0,:;,,
into her case. The facts got into the columns of the °_,,11 r,,
papers, and a benevolent lady, Mrs. Stubbs, Maddox-ati:;
offered to take her into her service without any char...."—i ~ ,
an offer which the young woman accepted with aPPlip ,4
gratitude, and Mr. Hardwick, and the chief clerk,
tee
• '
Fitzpatrick, handsomely contributed a sum of money, 17,0
gave her a complete outfit before taking her place.
months she behaved with honesty and' propriety, but farcau
month alter this she was subject to violent fits of passloir :'",-'4
and whilst under these she used to threaten to cut all 1'"..,0 , o'4l
throats and destroy the house by fire. Mrs. Stubbs " 4%
therefore compelled to discharge her from her service.
Mrs. Stubbs, this morning, said that on Saturday a7e , ~ ,
called to ascertain the character of the prisoner as a c be '
Complainant told her that she could not cook, which so ' P:'l
said would prove an insurmountable obstacle. Half an 12° t,
For t-il
after this the prisoner called, and requested to see complailo;4 -,
The person who answered the door being a stranger eh°l%.
her into the drawing room, where immediately after the lb,
mates heard a tremendous noise, and on going in saw
window frames almost entirely cleared of the glass, ei4b7tir
panes having been broken of the value of 51. 175., and J° - .
ornamental panes worth 41. 18s. f bet
The prisoner said the complainant had curtailed her 1`4,00
wages, but she took that "fair and easy," and added,' r.
engaged' for a situation, and was to have taken it on Sattuo
day, but I found that I had no situation to take, becaaafe hot
woman would not give me a character; so, therefore,, A.,„va,
got nothing else to do, but to go and break the wll"'
This was spoken in a tone of the coolest impudence. mos
Mr. BINGHADI committed her for two months to the "-- op:
of Correction. the : A
Mrs. Stubbs said she was in fear of serious injury froth
prisoner and begged to have the protection of the Ceuta/It '4
Mr. BINGIIAM bade her wait to see what effect the I:4—
sentence might have upon her.

FALL OF THE DENBY DALE VIADUCT, Ch*. The
HUDDERSFIELD AND SHEFFIELD JUNCTION RAILWAY• or
dreadful gale of wind, which prevailed on WednesdaY,rlignet,
ing last, has done considerable damage to the wood wa
sp-
in course of erection at Denby Dale. Out of fort/ perpand
dicular supporters, twenty-seven have been blown 0ir,,,11; the
such was the distance they had to fall (100 feet), t;c01.
strongest timbers were broken into splinters and match of
This accident will occasion a further delay in the open;—The
the line, and will be a serious loss to the contractors.

damage is estimated at about 5,000/.—Leeds Mercury'
A RENTER'S SHARE OF DRURY-LANE THEATII—tp.es
On Friday, at Garraway's, a Drury-lane Theatre On— d
share was disposed of by auction, by the Messrs. Cafe ni
Co., and fetched a sum above double the amoun entitled such
a property has produced for many years past. It
possessor to a charge on the theatre of Is. 3d. per sigh
during every night that the theatre was open for ep do° f
ante, and also to a transferable admission in every carer
the usual audience portion of the theatre. The first -d
was 401. After an animated competition, it WAS kii"ke
down for 951.
BIRTH EXTRAORDINARY.—OR Friday, the 1511 j,
inst., the win, of Wiliiam Leedham, collar-maker, of Yolcia,
".'l`• ,1 (4a male child, and on the following 1101
01 two other male children! Up to WednesdaY DiejtAire
the mother and children were all doing well—Stag°"-
Advettiser.