The Sun.
London, England, 1847-05-06 00:00:00

HOUSE OF LORDS.-(THIS DAY.)
The House sat to-day at ten o'clock to hear English and
Scotch appeals. The Peers present were
the L
theord
EChan-
cellor, Lord Brougham, Lord Campbell, and arl of
Clancarty.
THE VALE RILWAY COMPANY 11. NIXON.
The furtherTAFF arguments A
in this part-heard appeal were sr
pointed to be resumed to-day. The case carne before their
Lordships upon appeal from the decree of the Vice-Chan-
cellor of England. The following are the facts of the case
out of which the appeal arises :
Mr. W. Nixon was a railway contractor, and had under,
taken part of the works of the Taff Vale Railway for that
company for the sum of 7,395/., subject to deduction or ;a-
company proportioned to the work to be done. Eventually:
becoming short of cash to carry out his contract, he app
to David Storm, another railroad contractor, for asistance,
which was accorded, upon an agreement and power of at:
torney to Storm, appointing him his superintendent an
director of these works till they should be completed, and
his attorney to demand and have of the company all On"
of money which should become due to Nixon from the
CO
pony under the contract, with an allowance of 5L per cent:
on all advances. These circumstances were formally notified
to the Taff Vale Railway Company on the Bth of December,
1638. The works were carried out and completed, partly
under a new contract, when Nixon and Storm became
contractors with the company ; Nixon having
the management of the working part, Storm trans'
coo"
all money matters with the company, who
tinued to pay him various sums on account of work done.
In December, 1840, Storm became bankrupt, and four of gill
respondents became his assignees. Is;ixon filed his hill
egainst the Taff Railway Company and the assignees of
Storm, stating that he and Storm had received 9,206/. on
~ 7 324 L
the contract, but that he had not received any Part °` "Th t
since become payable for work done by the CotrlPanY - a
he had, on finding, on the 16th December, 1840, that Storm
was embarrassed in circumstances, given notice to the Colt:
pany not landay him any more money on account of the
contract ; also to render him an account of all 1110_110l.:
paid since April 11, in respect of the contract. The U_ 111_
pany asserted that a larger sum than the 9,236/. had beer
paid to Nixon, or Storm, or the assignees of the latter sire,e
thehis bankruptcy, and
This N
itxheant
denied,littlere remained due teegoend a ct
bcoaut nan
such greater sum was paid in their own wrong, Company
d atter
notice not to pay anything more to Storm. The con-
put in their answer to this bill, denying they had any au
nexion nexion or privity with the accounts between Nil°ll their
Storm ; nor were those parties, or any one or amore to allot
ttohh eo o
ght appellants
er
e w
ai
sa n
ortehsipnegc t t
oo f t a the e
right entitled to institute a suit in equity
Contract.sg
The Vice-Chancellor of England, upon he,aring the f the
ordered that one of a person making a mortgage of his deb ,wthal
that it should be referred to the Master to see him
stwas due to Nixon, and what works were done bY,,ed;
under the contract, as well extra as those therein sPeel'oe
further directions and costs being reserved. And trot°
decree the present appeal was brought. Monrl6l
Sir F. ' KELLY and Mr. STUART were heard on
what-- hid
thisallege.d
last on behalf of the appellants, contending that oder
taken place was, at the utmost, a mere legal liability! '!. It
a contract, and furnished no ground for equitable relier.o,.'4
was against all principle of equity that because two 2
suic,
"to b°
contractors or partners had a dispute as to their n
ease out of _
counts, their debtors should be thereby rendered liable ..r
made defendants in a suit in equity to settle Pa desire
putes; and finally, that though an award, by desire oft II
partners had been made by Mr. Robert Stephenson, coat
nor
had the decree of the Vice-Chancellor made any
Terence had not been impugned by the bill ui Chaocer7o. se
provigte
to tM B
he reference and award.
r ET '
• HELL was about to address there
morning on behalf of the respondents, when dshiPs
The
_.•
thought it unnecessary to hear the Learned Gentlea74
The Learned Lord, after going through the facts of the F"
i the
recommended their Lordships to affirm the judginent 0
Court below with costs. A .01 till
LordabiPs th:s
Lord BROUGHAM and Lord CAMPBELL agree— with
k.
opinion expressed by the Learned Lord on the
Judgment of the Court below affirmed, with COW.
WOOD V YOUNG.
Their Lordships were occupied the remainder of the Mn 110;
ing with the arguments in thisu case, which came befor?
_tTrst
upon appeal against an interlocutor of the Lords of !lie a
division of the Court of Session, by which they disallowede of
bill of exceptions taken try the appellants CO a iud.gta trial,
Lord Robertson pronounced in the course of a jurYb _ it,
whereby his Lordship sustained an objection taken I ilia
respondent to a witness tendered by the appellant ou
- interest. Woolsac

ground of -
ROLLS' COURT.-(THIS Pia).
report. It appeared that Sir
MARSHALL V. LYSTER- 304E1'96
This cause came on for further directions on the rried
a ward of Chancery, and upon her attaining
, hill. twenty'
tiew
year, a marriage settlement was executed, -, vi
the esta for
covenanted that 5,000/. should be charged on .--„timulated
his wife, and that a sum of 10,0001. should be accumulate
that
as a provision for the younger children. It an? Thomas
Lady Croft married twice after the death of it ' had
Croft, and that one daughter by her first marriage,
Thomas Efinsley Crwofetritutya.
taarrivn
also married. The plaintiff was the trustee to the ins crest
settlement. There was nothing of any public..
esome
•
in the cause, which was ordered to stand over (1184 next
of the arguments had been heard) till the third day v
term.
---'-=---------------------
MIDDLESEX SESSIONS. first
r
(THIS DAY.) f a pettY
Eliza Johnson, who was found guilty yesterday. o .
e was induce(' to
act of felony, and who stated that that sh
getting Han-
commit the crime merely through the hope of
d life she was
sported, as the melancholy and degrade
"meal of
compelled to follow here, to enable her to get a_rice
victuals," was such that she would gladly meet any cha _
that might present itself to her in another country, ice
brought up for judgment. the
The Learned SSISTANT-JUDGE said that, looking at
position in which the prisoner stood, and the wishes she cic:
pressed, perhaps, the most merciful course would be to On"
her request. At the same time, he should make a represei
was passer '
tation of all the facts under which the sentence -d te '
the proper authorities.
The prisoner was then sentenced to seven years' trans P°l...
tation.
The case of Madame de Souza was adjourned the bail
to
day of the next session.
IVIARLBRO'-STREET-(THIS DAY.)
Ann Maria Scott, a woman of colour, was placed beforilelZ.
Hardwick, charged with stealing from the person of Wl. 0.
Cameron, servant, No. 23, Grosvenor •square, a purse co
taining a sovereign and ten shillings in silver. . t.f. shoea
The complainant stated that on the preceding nig"" , ,
eleven o'clock, he was walking along North Andlers.
ttneto
when the defendant came up to him and requested him
any
stand something to drink. He told her he had not g°nt of
change, but would give her a penny to get half a Pin e."
beer. She said " That is not enough, give me some
dinlicrate
He refused to do so, when she made use Seen in
thatr t,,ne
epithet and followed him for some distance. ng.46
prisoner was determined to follow him, he stopp.ed an c!,s.l'ivo., 1
to her, and eventually took out his purse, containing f,,"•tha 1
and gave her a shilling. He had no soon defendantla r,i,
purse in his trousers pocket than the
f her hands
her arms round him, and putting one 4:2
iainant caught
into his pocket, pulled out the purse. Cony.
which she
hold of her, and taxed her with robbingith
her, two men
w
stoutly denied. Whilst he was struggling get the prisoner E.
came up, and endeavoured to hustle him and
that mom 't„
away; but, fortunately, a police-constable at.
~__,risoner. ~
came up, into whose care he at once consigned the r
t 5 ColltentSt i
The purse was subsequently found, emptied of i
close by where the prisoner had been standing• f the
e 0
Police-constable 19 C, said he received charg *__ ,0.0
prisoner, and conveyed her to the station, Where auv,,s x
~
searched, but her She l'"' • .
no money was found upon . the nogis ,
notorious thief, and had been repeatedly before
trates at this Court for a similer offence.alleged Was
The prisoner denied the charge, which she ...0. to
efflsl"o
trumped up by complainant in consequence of her r
comply with his wishes. d from
Mr. 1-lAitywiCx said, that after what be had hearday if
the constable, he thought he should not be doing his
~,areforet
he did not send the case to a jury. He should, holden
commit her for trial; at the Middlesex sessions, OW
at Clerkenwell. -n Or.)
WORSHIP-STREET.—(TIIIS -1-"" th
ed wl-
This morni
ng a middle-aged woman was charged
being
concerned, with four other females, named •Iterine
Yourg, Jane Samuels, Mar Anne Simmons, and Cat' ie.
y .he p
Stone now '
, in custody, in a burglary and robbery on r r
Adore '
miser of Mary Anne Johnson, boot and shoe menu -last.
High-street, Hoxton Old Town, on Wednesday night
..boes,
The property consisted of 110 pairs of boots and ft. the
and, according to the statement of Sergeant Conwai.u_ „re '
H division, was discovered by one of the servants of tri!...King, 1
secutrix, who, upon coming down stairs in them tßbad ..
found that the shutters at one corner of the prellT:
been forced open, and a large portion of the sto4 '," was
warehouse abstracted. From a communication winic;_'der
Bridge-
made to witness, he proceeded to a house in _ I•l_7,ra . ,
man's-alley, where were found upwards of 100
_y_nns
of boots and shoes, and the above four ha is
were taken into custody. The present prisoner, who is_ nis
landlady of the house, was at the time absent, but urr_.„e, i
sending an officer there last evening, she bad arrived nlr. 1:,
and upon being questioned as to her knowledge of the rnt. 1.,
berg, she replied that she knew nothing whatever aboo , ,
t. AO
The parties had obtained aka her a lodging for the
night, -d' 1
had brought some large pcges with them. Upon procee .
ing into the room she herself occupied, police-constable
Bray, 43 H, discovered, in a draw a jemmy and other house. •
breaking implements, and in a cupboard were discovered the
remainder of the boots and shoes. The jemmy produced
exactly corresponded with the hol e made in the shutter.
Mr. ARNOLD asked the prisoner if she had anything to say
in her defence?
The prisoner, who replied that she should reserve her de-
fence,
was ordered to be brought up again on the sinne clef i
as the other prisoners.
Comadq
y a C
..stoN OF LUNACY.—Yesterday onatnission ),'
de liosatico • ' /7/querendo was opened at the Tyssen Ar ~
ma Dal- .:.
ston, before
Mr. Commissioner Winslow and a aPeela
• I jury,
to inquire into the state of mind of Arthur Edward George t '
Tumour, Esq., aged 43, late an officer in the 17th Begin:len
,
of the Honourable East India Company's Madras InfantrY •
now of Pembroke House Lunatic Asylum, a gentleman po;.
sessed of property under the will of his father (the late Be
E. E. Tumour, of Shrewsbury), and from the East India C_•
r. •
pang, of upwards of 10,0001. The evidence of V _
otirr
Williams, of Pembroke House, Dr. Southey, and
d • lunatic
witnesses, tended to show that the allege
sin
had been an inmate of the above establishment ei_i.'o.
the 28th November, 1835, and had throughout been u
of
that
sound mind, and he laboured under the delusion ~.,,
snakes, boa constrictors, and other reptiles, were constantly
being placed in his bed-room by persons who wished to
fro.
jure him ; that there was a magnificent service of plate..
quently placed at the bottom of his bed—the heraldic insigrat
• dOa
of the Somerset family on the ceiling. He also imagine „.,01
he heard voices, and that parties who conspired against iv, t
came occasionally to his bedside and pulled his whiskers.9l-
- conclusion of the evidence the alleged lunatic, a rer4t
ably fine, healthy-looking man, was introduced, and W tut,',o..
waiting for the questions of the Learned Cornroisioner,sl)!o
ceeded at a must extraordinary rapid rate, describing
_...706
of the most extravagant delusions. The inquirY ne,v esa
been finished, a verdict Was returned dating the unsoutaw
of mind from 28th November, 1835. •RDIO'
BELL FOR THE ROMAN CATHOLIC CATO- oe,
MONTREAL.—A bell, equal in size to any bell in
__...11r tite
except the Russian monster, and about twice as large af A.
famous " Tom of Lincoln," has just been completed
..t.it.;fl
foundry of Messrs. Mears, Whitechapel, for the .Isu_';', of
Catholic Cathedral, Montreal. This gigantic specip_Ttaf,
casting weighs four tons thirteen hundred weight and l_imutb,
and its dimensions are as follow :--Diameter at the
8 feet 7 inches; height to the top of the crown, Zio• .
inches; thickness at the sound bow, 8 inches. The irzr ge
1--0-" e
is a copy of the inscription upon thu monster bel • no
tiamini dum venio omnes spiritus laudet Dominuria.
,_.,0• 3.
Domini 1847. Fundatse Marianopolis, 206. Pi iF . 1;2 tne
tificatus 1. Regni Victoria: Britanniarum 10. TAIO3,
"
opposite side "Ex piissimo MercatOlUlSit ligric°
Artiacuulque, Marianopolitiumsium.