The Sun.
London, England, 1847-05-22 00:00:00

Iround that rabbits were not
Will' game, and at the trial his
Learned Friend (Mr.
ems, now Mr. Justice Wil-
hams) produced an illustra
,tionof a Brobdignagian rabbit
eating the ears of ripe co' ;11.—(Laughter.) A thousand
te,ep;.'e of rabbits wer a killed by the defendant in
the drat year, during ' which year it was alleged that
damage had been d.,nr by " rabbits and game," to the
amount of 601., and in the second to the value of 45/.
The principal dams
2
ge was done by the rabbits, and he
(Mr. Chilton) eon
- --f Allueu that they were game.
Mr. BUTT said they were not game by the 1 and 2 of
Will. IV., C. 32 damages sec. 2. As they were not game, the
shoul.d, be considerably reduced, and therefore
a new trial shrill) d take place.
Lord DEN AI/ N said the Court would consider the
whole mattrr„
139333 YAOYAL EXCHANGE ASSURANCE COMPANY.
This , ar,t- h
Honda
eard case is appointed to be resumed on
y, ,the second day of term.
•

BAIL COURT.-(THIS DAY.)
rkSittings in Banco, before Mr. Justice WIGHTNAN).
The Court met at ten o'clock, but no business of im-
portance was transacted ; and after sitting for a few
kinutes the Court adjourned.

EXCHEQUER.—( THIS DAY.)
(Sittings in Banco.)
This was the first day of Trinity Term. Their Lord-
ships sat
at two o'clock, and in pursuance of a new
arrangement
the pe proceeded with the business pending in
rmiptory paper, from which, however, no case of
trlY interest was telen. Mr. Baron Parke will be the
Judge at nisi pritrA this term.
COMMOTS- _PLEA S.—(THIS DAY.)
(Sittings h
This be'ing
-anco, before the 1...011D CHIEF JUSTICE.)
the first day of term, motions were taken,
the first 411 which was
BAINES v. WARD.
ofkr-r- Sergeant BYLES moved for a new trial, on an arrest
Judgment in this case, on the ground of misdirection
I,r the Judge at the trial. It appeared that an action
had-,a been brought upon a case of injury, where damages
d been given for a default in not properly fencing an
area e.lose , y
n a public footway. The circumstances
der moose
these :—A lady, the mother of three children,
dent to see her friend off by the Great Western Rail:-
thel'o7, and while waiting for the train they both went to
tia-9use in the neighbourhood, for refreshment, and on
use
wa__
y back to the station her companion dropped
downe-Muff ; she turned to pick it up, and in doing so fell
a number of steps which led to the basement of a
and fractured her skull. She died in consequence,
an action for damages had been brought, on which the
wm-rY gave a verdict for the plaintiff. Mr. Sergeant B) les
-vOye,
Lt for a new trial on the ground that the declaration
"ai not in compliance with the terms of the Act, which
required that all the parties interested, up to the grand-
biter and grandmother, ought to be stated. In the
neatt, place, there had been no evidence to show that
tire had been any grant of a public right to pass by
s footway, and if there were not, no action could
Possibly lie.
v. B . Justice MULE suggested the case of Walker
Mrri ght."
brought
ergeant BYLES said that that was an action
made
at in a case where the casement or footway was
tere,i °re' an ar•ea and not it, which materially al-
-, the • '
claim 0 circumstances. Neither could there be any
hoe a the ground of this being an ancient footway,
es, jaeeie-ent occurred in an open place in front of a
from te Victoria-terrace, situate in a pathway leading
sold\ e Edgeware-road to the Harrow-road, which was
tent;' „used in consequence of the permission of the
inapo t•-• I' Now, although there was a local Act
/ault,slng a penalty upon parties not fencing any
a sum •nr Open space, yet that did not give
fine ~e',ent ground of action, for the penalty, which is a
eont,°',,five pounds, would give the remedy ; and. he
the :I',l:led, that if this way were allowed by the tenantry,
se
of it, or misfortune arising from the use of it,
state Sacd no responsibility on the tenant in fee of the es-
'or 'orcar it was an acknowledged principle, that a rector
life, ad even, each of whom was at least a tenant for
Yard „,-7,11° right to yield a right of way over a church-
so th -Inout the consent of the patron and the bishop ;
defiati there was clearly no liability. There was then
per ti) eneY in the Act, which stated that the damages
Oe divided among the several persons who might
talitacitiled to them ; and there had been a special recomld-
-411.6 :ti°4 by the jury that the learned judge should
the ree that the money was properly divided among
vainicipients who were infants. There was, therefore,
ScracialY a defect in the judgment, which entitled the de-
Thllt,o a new adjudication.
_l3
the ,11,rtiEr JUSTICE said, that it was the opinion of
milted ch that sufficient evidence had not been sub -
Attest t° the jury to justify the verdict, and the rule
kone accordingly be allowed. With respect to the
itg bj the Court had no, jurisdiction, but in the event of
tlle.,ang ultimately paid, the plaintiff in the action was
1110 lertY entitled to receive it, and if any injury ensued
(I.liityttledY Would be by an application to a Court of
Mr. COW V. TIPROSE.
trialln ',,ergoant JONES applied for a rule for a new
'",13 case. The plaintiff had been charged by
khstracejinant with felony for breaking open a shop and
Itirehengi'g articles, in consequence of which he was ap-
arid diseehci, imprisoned in the station-house for one night,
"aseoo, arged the next morning by the magistrate, in
sh,„ o—nee of .
had - I,s appearing that the entry into the
Then effected for the purpose of levying a chs-
-`rdietTfe Plaintiff brought an action, and obtained a
veriheirwas- that. The ground of application for a new
bee easno ev•sre venue had bees laid in London,
done there had bad been given that anything had
Place in Sure e'
'`'lr the arrest and imprisonment took
AL% jus t.
before th lee CatsswELL said, that as the allegations
tha e prase Magistrate must have been stated on the trial,
"
was
haerc.ord-ing rieypresentation was erroneous.—The rule
refused.
uem_g no other business read, the Court ad-
rned till Monday. y
WORSHIP-STREET.—(THIS DAT.)
xTENstvE ROBBERY BY TWO BnOTIIERS. Henry
-'4 Charles Farr, were this morning brought be-
fore,
, Mr. Broughton for re-examination, on the charge
stealing a cash-box, containing gold, bank notes, and
atturities amounting to upwards of 2301., the property
111,1 Ur. James Bird, landlord of the Mail Coach Tavern,
'4ngsland-road.
n account of the robbery appeared in The Sun of
aturday last'
were again remanded, in order that certain
ensed victuallers, who have been plundered in a simi-
a r anner,m should have the opportunity of appearing
gainst the

A taII,TRAMES.—(THIS DAY.)
powerful-looking woman, named Julia Mann,
Zaes_ charged by Mr. Henry Lemon, lanedlsoerrciyicoef the
she
hafAe avern, Rosemary-lane, in whos fAairo.een for some t" , with the following desP'rate
'moult : time
'
e.for liquor
Sent the prisoner out. When she returned she was the
Lernon stated that yesterday afternoon his wife
ar
eing fall
~.,
out
tn:inearly let his child which she IN as
her :arms. A woman who was
.. handing at the bar took it from the prisoner, who im
,sac. lately seized her by her hair and dealt her a violent
kimr,w,, on the head. Witness interfered, when the IT-
aeveraais't,a;led him with the foulest epithets, struck him
!igliares ur;vB, and then proceeded to demolish two
litniaßif: gitiit3gillaSS, two bottles of gin, broke a tub contain-
arid a half if bitters, and finally took up a
Thissued.threatened to stab him.
in Birla"" having been corroborated,
inJured tw 1.01,,,._
T, 'IE inquired if the woman who had. been
tegt• as rresent d ceivincr an answer in
take
tine ive .-1 ,anon re „,
otit a wa,ruieeted her to be informed that she must
tinia he fant against the prisoner, whom in the mean-
er p„ 8"old fine 255., the amount of the damage done,
Th'ueonth's i :
Inprionment.
tern° Prisoner, who said nothing in her defence, was
to Nvied, and the Magistrate again directed Mr. Lemons
bone, is'c' b°P the case which he considered a most serious
en 'Yringing other witnesses who were said to hare
n 4 Present at the transaction, on the occasion of her
a'
Pealing to answer the warrant next week.
CLI-

-RKENWELL.—(THIS DAY.
J
steo. am es Cuffe and George Cuffe were charged with.
Thinz 40 sovereigns and a .5/. note, the property of
From Lloyd.
'r()ra the evidence of a number of witnesses it
lapi
I°lltred that the prisoner James lodged
ho
called
tllteh3 Ls wife.
TheouseoProsecuto withr,
prosecutor had in a person w
his box 40 sovereigns and a 54
40te, and on Sunday, the 2d instant, upon his going to
the box, he found that two of the screws fastening the
littaPle had been removed, and the box being still locked,
f2vas opened, and then he saw that his money was
,11,-"n• The younger prisoner called to see his brother
ue day before. The prosecutor gave information
ft police. Soon afterwards the elder risoner
the lodgings, but being watched close ply, he
44 traced to a house near Drury-lane, which
was found to be well furnished, and each of the
prisoners had a good silver watch upon him, although
Previously they were known to have been in rather dis-
're_ved circumstances.
°Air. REMOLD, the sitting magistrate, ordered the pri-
!craters to be remanded until Friday next, in order that
her inquiries might be made about the disposal of the
prosecutor's money,
F--

aAILNY
IRE ON THE ONION AND NORTH-WESTERN
A.Y.—Between
boorning, when the down l g ge train on the Londn
twelve and one o'clock yesterday
lila North-Western line walla near the Willesden statioon,
e.l2e of the luggage trucks was discovered to be onxfierre.,
,
L the train was instantly stopped. Immediate e
‘I,A.
us were made to subdue the flames, but without effect,
al
,the first truck was speedily on fire from end to end,
.Einu before the vehicle could be detached from the train
speedily
others were also on fire. Other assistance, howeyer,
PeedilY arrived, exertions the destruction
of and by great
property was confined to the three trucks with their
contents, all of which wore totally
consumed. The amount
of property destroyed has not) et
been ascertained. The
a red-hot
cinder 1-, • `
is supposed to have been caused by
—a ving neen throvim from the engine.
11.10 •Tr,
rrt, 'N
---'M. TO THE LATE EARL OF YARBOROUGH.
w**--- a'e committee for superintending the erection of. a
monument to the memory of the late Earl of I ar-
f°rough, consists of Commodore the Marquis of Done-
aeLDit-Y.S., Admiral Sir Graham llamond, Bart.,
lAdmiral'-"'"., ICY.S., John Beardmore, Esq., R.Y.S., Rear -
.o D. Dundas, C. 8., M.P., Lord of the Admiralty,
eo• llem. R.Y.S.; Captain Love, 8.N., Hon. Mem.
.S.t.• the Bon. A'Court Holmes, M.P., G. 11. Ward,
Blount q., AI.P., Secretary to the Admiralty, and the Earl of
I.aetl Edgeeumbe, Commodore of the Royal Western
se t CIO\ Th, lite is t‘ et determined on, hut
~°"'al gentl,usen of the Isle of Wlght have offered
ral_ev_es or land for that purpose. The subscriptions
Yacht
at present to about 1,4001. The Royal Western
h Club subscribed 501. towards it.