The Sun.
London, England, 1824-12-24 00:00:00

BENELLI V. EDER&

When this cause was called on for trial, Mr. SCARLETT
rose, and informed his Lordship that this was the first time
that the Opera-house had been m the Court of King's Bench.
It was likely to be a very long cause; he therefore suggested
the propriety of not entering upon it at so late an hour of the day.
The Loan Cut Er :Towner could not, he said, postpone
the cause. lie was very willing to undergo the fatigue of hear-
ing it that day.
Mr. SCARLETT.—My Lord, we certainly cannot finish it
to-night ; there is an immense mass of evidence to be submit-
ted to your Lordship
The JaOlill CHIEF JUSTICE.—Then we will take as much
'of it as we can get through to-day, and hear the remainder to-
morrow.

Mr. SCARLETT.—But, my Lord, I am not sure that we can
get through it to-morrow.
The LORD CHIEF JUSTICE told Mr. Sefirlett that the
business must be taken in regular order.
Mr. SCARLETT.—As this is a very important one, an&ean-
not certainly be finished to-night, or perhaps even to-morrow,
shall withdraw the record.

The record was accordingly withdrawn.
The Court was occupied during the remainder of the day in
hearing Common Jury cases. , .

COURT OF CO3l/110N PLEAS, DEC. 23.
XYNASTON v. BARTON.
This was an action brought by a ladyl residing in Kent,
against the defeadant, to recover the sum of two pounds, which
he had obtained from her through misrepresentation. In the
year, 1823, the plaintiff received a letter from the defendant,
who kept an office at Liverpool, stating that upon her enclosing
hint 2/., he would inform her where she would find certain pro.
petty belonging to her. She accordingly remitted him the 21.,
and received a letter in reply, acquainting her that there were
25 dividends due to her in the unclaimed dividend-office, which
he wbuld undertake to recover for her at a commission of 101.
per cent. The lady directed a proper search to be made, and the
statement of the defendant turned out to be utterly false. She
therefore directed her solicitor to apply to the defendant to re-
turn the 2/. forthwith a but the latter, contenting himself with
talking big about his character and honour, instead of return-
ing the money. the present action was brought,_ both as a pu-
nishment to him, and a warning to others. No defence was at-
tempted.
The Learned Judge (Pattx) approved of the good spirit
which dictated this proceeding ; and under his Lordship's
direction, the Jury returned a verdict for the .plaintiff.--
Damages 2/.

HART v. JONES.
This was an action to recover damages for a wilful trespass,
committed by tl4e defendant in driving his gig against that of
the plaintiff; whereby the horse of the latter was severely in-
jured. it appeared in evidence, that the plaintiff; who is a mer-
chant of the Jewish persuasion, was going out from town with
two friends in a gig, about eight or nine o'clock in the evening,
in September last. When driving along the new North road,
he came in,violent contact with the defendant's gig, the shaft
of which entered the chest of the plaintiff's horse (a valua-
ble animal worth 901.), and inflicted a wound nine inches
deep. The defendant and a friend were thrown out of their
glg, the. shafts of which were broken, and himself considers.
bly hurt. The injury sustained by the plaintif was (=tined
to the wound inflicted upon his horse, which it took a
month to cure, and for which the farrier's bill was five
guineas. lie called several witnesses, who swore that when the
accident occurred, he was driving on the left-hand side of the
road, and the defendant on the wrong. A number of witnesses
on the other side swore that the reverse was the fact. Amidst
this conflicting testimony the following points appeared in a.
your of the plaintiff: first, it was he alone who asked for the
other party's address; secondly, the other party gave a false
name.and address; thirdly, an appleman, culled by the de-
fendant, corroborated the plaintiff's witnesses ; and lastly, not
only had the defendant, notwithstanding the injury himself and
his gig had sustained, not brought an.action against the plain-
tiff', who, if the defence now setup were true, was the trespasser,
but he even onred in Court to pay the farrler's bill.
The Jury, under these circumstances, returned a verdict for
the plaintiff—Damages 201. sa.
The Court, at its rising, adjourned to the 20th of January. 1

KINGSTON (JAIHACA), Oct. 2.—The Cele.
!Wilted pedestrian traveller, Captain J. D Cocii-
RANE, R.N. arrived in the packet (the Frolic).
This enterprising gentleman, whose thirst for use-
ful knowledge is insatiable, has travelled on Toot
through the greater part of Aalalie Russia, a route,
we understand, ofmore than 3000 mites. Bent upon
further discoveries, this indefatigable pedestrian is
now on his way to South America, intending to
explore the yet untravelled part of .that wonder-
ful country, and to ascend those prodigious moun-
tains, the Andes. Many of our friends recollect
this gentleman, when very young, a- midshipman,
when his uncle, Admiral Cochrane, commanded
the naval force Pll this station. All will, we are
sure, bid him God speed.—( Barbadian.)
On Friday, two beasts, named Hutchins and
Woodward, of. Deal, undertook for a trifling
wager, to eat in onehour EN pounds of sausage
made into forty cakes, and half a gallon of bread,
and to drink two gallons of beer, and two glasses
of gin. The bet was lost in consequence of one
being taken ill, when he had devoured the 18th
cake ; he afterwards, however, managed to cum.
plete his job, but not within the allotted time.