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

ROLLS' COURT.-(THIS DAY.)

THUGWELL v. Hoopla..
This a motion for the production of certain correspondence
which hdd passed between a joint solicitor and trustee. It
appeared that a solicitor, Mr. Goldney, was acting profes-
sionally for a gentleman named Trey-me, between whose
daughter and the detendant in the above cause a marriage
took place in 1841, and Mr. Goldney agreed to act as
trustee for Mr. Hooper and his wife. A dispute having
arisen, in reference to a settlement between the parties, Mr.
Goldney discontinued to act, and a correspondence took place
between him and MP. Hooper, for which, as well as for let-
ters which had passed prior to the marriage of 1841, the
present motion was made. These letters were supposed to
have reference to the above suit, in which a cross bill has
been filed.

Mr. Kindersley and another Learned Gentleman ap-
peared for the motion, and Mr. Turner and Mr. Hardy ap-
peared for Mr. Goldney.
His LORDSHIP considered that Mr. Goldney could not
divest himself of the trusteeship, and under the circum-
stances that it could not be maii.taine l that he was acting
merely as solicitor to Mr. Hooper, and that he was not en-
titled to the protection of the Court, therefore that the
letters in question should be produced.

VICE-CHANCERY.—(THIS DAY.)
(Beforebeing the
the
last d
ay VICE-CHANCELLORof Hilary term,
toefr
mE,N
hisGLA pi no
Honour the
.O
This
Vice-Chancellor of England took motions to-day.
THE lIIINGERFORD MARKET COMPANY V. THE CHARING-CROSS
BRIDGE COMPANY.
The arguments in this part-heard motion were resumed
to-day. Our readers will recollect that the case came before
the Court last week upon a motion on behalf of the Hunger-
ford Market Company, for an injunction to restrain the de-
fendants, the Charing-cross Bridge Company, from hindering
passengers to the steam-boats from crossing their bridge to
the float erected by the plaintiffs, on the south side of the
bridge, for the purpose of the embarkation and disembarka-
tion of passengers from steam. boats.
On the last day the case was on, Mr. Bethell was heard on
behalf of the plaintiffs, the Hungerford Company, when the
case was ordered to stand over till to-day.
Mr. GIFFARD was proceeding to address the Court on the
same side this morning, when
The VICE-CHANCELLOR asked whether the question must
not be tried at law?
Mr. GIFFARD said that he should submit at all events that
his clients were entitled to the injunction.
The VICE-CnAscEtnon—Does it appear from your affi- •
davits, Mr. Giffard, when these tell-tales were first put up
in the mode and form they now appear?
Mr. GIFFARD—Yes, Sir, it does; they were 'affixed long
ago, when the bridge was first opened to the public, in May,
1845, but the float was not erected till lately, mid therefore
we could not take proceedings. The Learned Counsel then
proceeded to address the Court, followino. Mr. Bethell, con-
, tending that according to the provisions of the lease, that the
Market Company were entitled to have free egress and ingress
from and to the flo•it across the bridge for all steam-boat
passengers, and that such right having been denied by the
Bridge Company, the Court was bound to grant the injunc-
tion asked for by the plaintiffs.
The VICE-CHANCELLOR—Do your clients, Mr. Rolt, admit
that the rights claimed by the injunction for the plaintiffs ai e
clear ?
' Mr. RoLT—Certainly not, sir.
The VICE-CHANCELLOR—Now it strikes me that it is not
the duty of the Court to interpret legal rights. If there had
been a long usage, that would have been prima facie evi-
dence of the usage, but that is not the case here. I really__
think that no injunction should be granted at present. The
Hungerfvrd Market Company may be at liberty to bring

such action as they may deem advisable, either upon the co-
venant or otherwise, as they may be advised, and then I
shall have the whole case establised at law.
Mr. GIFFARD —I am afraid there will be much difficulty in
trying an action, a short case would in my opinion be far
better.
The VICE-CHANCELLOR—The difficulty would be to settle
a case. It appears to me, as the parties are proceeding by
way of covenant in the deed, an action would settle it.
Mr. RoLT—Then, Sir, the case stands over, and the plain-
tiffs are to be at liberty to bring such action as they may be.
advised, with liberty to either party to apply?
The VICE-CHANCELLOR—In the usual way.
PENSON V. PENSON.
This case stood on the paper to-day for Mr. Bethelr 0
reply, in case the parties could not come to some
arrangement. Our readers will recollect that the case came
before the court in the course of last week, and occupied
one or two days in argument upon a motion for an account,
and for the appointment of a receiver of thekrofits of a busi-
ness of architects and surveyors, carried on by the parties,
who were father and son, at Oswestry, in Shropshire. The
facts appeared to be as follows :—ln the year 1844 the father,
in:consideration of a projected marriage between his son and
the daughter of a gentleman in the same county, agreed
to take his son into partnership, and with this view
a deed was drawn -up by which the term was fixed for
ten years, and the eon was to receive one-third of- the
profits. It was stipulated also, that the son should be
diligent in his attendance. In June of the same year the
marriage took place, upon which occasion the young lady 'n
father settled a sum of 10,000/. upon her, and handed to the
husband a cheque for 500/. as payment of a legacy to
which the wife was entitled. The check was subse-
quently handed back to the brother-in-law by the husband.
The newly-married couple then proceeded, with the sanction
of the elder Penson, to Paris, but it was stipulated by the
father that the son should be back in time for the Derbyshire
sessions. lie was, however, as it happened, one day behind
the time, and this it was contended by the plaintiff, added to
his having given the cheque for 5001. into the custody of his
brother-in-law, a circumstance which was aggravated by his
having had occasion to apply to his father for money to
bring him home, was the cause of the prejudice against him.
The rest of the case consisted of cross charges of negligence
and disrespect preferred by the father against the son, and of
injustice and harshness preferred by the son against the
father, the result of which was the father declaring the
partnership dissolved, and the institution by the son of the
present suit.
The VICE-CHANCELLOR, when the case was brought before
the Court, observed that he was the last person to force a
compromise upon individuals who were unwilling to assent
to it, but his opinion was, that if ever t here was a case in
which a compromise was advisable, it was the present.
should not, however, shrink from deciding the question, if he
was called upon to do so.
Upon this intimation, the case was ordered to stand over
till to-day, and this morning, at the suggestion of Mr.
Stuart, in the absence of Mr. Bethell, who was engaged in
the Lord Chancellor's Court, the matter was further Vet'
poned to Thursday.
It is generally understood that his Honour will sit
Lincoln's Inn to-morrow.

QUEEN'S BENCH.-(THIS DAY.)
This was the last day of the term. The greater part of
the morning was occupied with applications to enlarge rules,
to the next term, and with short cases of minor intere+
The Court will sit at nisi prius to-morrow, and in banco in
the Bail Court. The Court intimated that during thesittings after term they would take the new trial paper in
the ordinary course, and would not make any exception 113
favour of country cases.

CRIMINAL COURT.—(THIS DAY-I
The fourth session of the present mayoralty commenced
this morning before the Lord Mayor, the lecorder,
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 see
168 names of persons, against whom indictments will be pre.
ferred, and that number was likely to be greatly increased,
before their labours would come to a conclusion. There WO
no case in which a legal difficulty was likely to arise. In the
list would be found one case in which there was a charge for
the commission of an abominable offence, upon the testirnoul
of one witness. They would have to see whether there its!
any doubt of the testimony of that witness, and
not, it would then, however painful it might be, be their
duty to find a true bill. There were, 1115°
in the list several cases of cutting and woundille
with intent to do grievous bodily harm, the chief of whic_!:
arose out of an attempt to rescue a person who was charged
with felony, and who had, in fact, been afterwards convicted
in that Court of the offence. The police were engaged fi
taking this person into custody, when several persons attacked
them with brickbats and stoner, through which means &tau.
had ensued; and he should observe, that as this charge in
volved a much higher felony than that of attempting a rescue;
they would have to see whether the evidence was calcu
lated to sustain the higher charge, or if not, whether it was
sufficient to justify the second, or lower charge, and makt
their return accordingly. There was another charge
manslaughter, which was founded upon the verdict of
coroner's jury, and he had found the depositions which Pa.".
been furnished to him of so extraordinary a nature, that 4
should depart from his usual course, and make a
...,7ed
remarks upon it. By this verdict a person naLf.,,t
Lovell was charged with the offence, in the
that
instance, and Martha Betts in the second. It apPeared
a person named Hobbs was labouring under a cutaneous Uf,,,
order called Scala tettera, and that the persons charged !Tf_';
in attendance upon her, and under direction had_plac.etni
, diet.
in a warm bath, shortly afterwards she died. 'l,lOl bead
ment charged them with placing wet cloths round death,
arig the body of the deceased, and thus caused _
_,„reesl7
varereas the testimony of the medical witness::
impossible
stated that even if cold water had been used
that it could have proved even a remotethe verdict, that
This testimony was so directly contrary to
the witnesseel
lie (the Recorder) had directed the whole of
and
who were examined before the coroner's jury to attend,
if the grand jury thought there were no other circumstances
• that
it
Luse of death.
to justify the indictment of the accused, he did conceive
this was just one of those cases in which they might inter-
fere to alanitoa roopcc..table persons from the ignorniq
of a criminal trial. There were several cases of frauu
in the list, but with the exception of two none calling for
any particular remark. The first was a case where a police.
man, after being discharged from the force, called at one of the
offices and demanded his expenses on a journey to Chelten-
ham. That was a case fit to be sent for full inquiry, for
nothing was more likely to lead to great public inconY,„.ew:
ence than the allowance of such impositions as this. or
other case was of minor importance, and merely involved
point of law on which they would have every assistance front
the Court. The other cases, though numerous, were, he Wsr
happy to say, lighter in the character of the offences thfo!
usual. He would now dismiss them to their duties with the
assurance that if any difficulty occurred they might alwaysA
apply to the Court fur aid and it would be readily rendered.
The grand jury then retired from the Court.

BOW-STREET.—(THIS DAY.)
.nied
Two men named Bethel! and Newcome, and a soldier /37"..
Campbell, charged be ore Mr. Hall with creating a,,,,,0
turbance in Covent Garden Market, and assaultin*
the beadle, and a young man who had offered his assistance._
The beadle stated that on Saturday bight, about fourth
s 1
minutes past nine o'clock, he was sent for to the antra •
avenue of the market, where he found the prisoners creat
a disturbance and challenging the bystanders to fight*, the
seized Newcome, who struck him in the face, and 8w 110
same time some one struck him from behind•
succeeded, however, in taking them in custeuift;
with the help of the young man mentioned above, but !lit
prisoner Campbell brandished a stick over his head, nillibbe
hold of the young man by the collar, and held him until
e_
was forced to relinguish his hold by Johnson (the c'th
beadle), who took him in charge.
The young man proved that it was Bethell who stick
Moore from behind when he was struggling with Nevircliteie
Campbell, in defence, said that he caught hold 01
young man by mistake, taking him for one of the 000.
prisoners.
Mr. HALL said he would fine Bethell and Newcome 2°,15.
each for the assault on Moore, and detain them until it vr
paid, under the provisions of the Market Oct. The chill!
against Campbell was not of so serious a nature, as he
not strike any one ; and he would, therefore, only fine i,;,13
55., or commit him for nine days.
The fines were paid.

MARLBRO'-STREET.—(THIS DA-1)
Bridget Maguire, a young Irishwoman, was brought Of
before Mr. Bingham, charged with breaking 22 panes n
glasQ, to the value of 10/. 155., under the following cireti".„i.
stances :
It may be in the recollection of the public, that sick,
months ago a young woman was brought before Mr. Hard
at this court, charged with breaking the windows of n:
apartment adjoining the court, and she then told so artless
her
tale of distress, which she alleged to be the cause 0,
breaking the glass, that the Magistrate was interested Wire
the young woman's story, and caused inquiries to be 113,1",
into her case. The facts got into the columns of the o'4'
papers, and a benevolent lady, Mrs. Stubbs, Maddox-streett
offered to take her into her service without any character:
an offer which the young woman accepted with app,
gratitude, and Mr. Hardwick, and the chief clerk,
Fitzpatrick, handsomely contributed a sum of money, two
gave her a complete outfit before taking her place. xer,_. A
months she behaved with honesty and propriety, but, lo.'y
month after this she was subject to violent fits of Pastei;
and whilst under these she used to threaten to cut all tu
throats and destroy the house by fire. Mrs. Stubbs
Ass
therefore compelled to discharge her from her service. ',AI
Mrs. Stubbs, this morning, said that on Saturday ',U.
called to ascertain the character of the prisoner as a eThe
Complainant told her that she could not cook, which
said would prove an insurmountable obstacle. Half an hainit.
after this the prisoner called, and requested to see complain
ed
The person who answered the door being a stranger shoelfin.
her into the drawing room, where immediately after til the
mates heard a tremendous noise, and on going in siaffvf teal
window frames almost entirely cleared of the glass, e--An four
panes having been broken of the value of 5L 175.,

ornamental panes worth 4/. 18s.
The prisoner said the complainant had curtailed her of her
wages, but she took that "fair and easy," and added,
tur-
- /
engaged for a situation, and was to have taken it on
ausS: this
day, but I found that I had no situation to take, bee
had
woman would not give me a character; so, therefore,
got nothing else to do, but to go and break the viillol6
This was spoken in a tone of the coolest impudence.
Mr. BINGHAM committed her for two mouths to the Soung
of Correction.
Mrs. Stubbs said she was in fear of serious injury from the
prisoner and begged to have the protection of the Court.
sentence might have upon her.
Mr. BINGHAM bade her wait to see what effect the present

- -----
e Out of
HUDDERSFIELD AND SIIEFFIEL
iled on Wednesd .
wfootd viaduct, dreadful gale of wind, which preva t
th ay•morn-
FALL OF THE DENBY pitEcnvoINADRITAICLT,,7—Trah:
in course of erection at e ~or y
twenty-sevenperpen-
have been blown down, and
dicular supporters, 1
o lint. 100 feet), that the
ing last, bas done consideLlvdDamalaeg
• bers were broken into sprs and match wood.
strongest timbers
accident will occasion a further delay in the opening. of
This will be a serious loss to the contractors. The
the line, and
such was the distance t ley had. t
damage is estimated at about 5,0001.--Leeds Mercury.
A RENTER S SIIARE OF DRURY-LANE THEATEN:""
On Friday, at Garraway's, a Drury-lane Theatre renter's
Co
sha.,re was disposed of by auction, by the Messrs. Cafe and
and fetched a sum above double the amount that such
a property has produced for many years past. It entitled the
possessor to a charge on the theatre of Is. 3d. per night
during every night that the theatre was open for perforra-
the
ance,usaual audiolsonce portion to a transferablof thee admtheatre. ission in
The fi everyrst offer
Part of
was 401. After an animated competition, it was
knocked
down for 951.
BIRTH EXTRAORDINARY.—On Friday, the 15th
inst., the wife of William Leedham, collar-maker, of Yowl,
was safely delivered of a male child, and on the following day
of two other male children ! Up to Wednesday night last
the mother and children were all doing well.— Staffordthr
dace, tiser.