The Sun.
London, England, 1847-04-15 00:00:00

ASSIZE INTELLIGENCE.

OXFORD ClRCUlT.—Gloucester, April 12.
(Before Mr. Justice MAPLE and Coknmotl Juries.)

COLLINS AND ANOTHER V. SMITH

Mr. Godson and Mr. W. H. Cooke were counsel for
the plaintiffs; Mr. Sergeant Talfourd and Mr. Keating
for the defendant.

This was an action for an excessive distress at Sand-
hurst, on May 22d, 1846, for not selling the goods seized
at the best price, and leaving the surplus in the hands of
the sheriff or constables of the parish. The defendant
pleaded Not Guilty by statute.
The plaintiff and his father, since deceased, were
tenants of a farm at Sandhurst for many year-, under a
Mr. Gardner, who died in 1844, when the defendant be-
came owner of the estate. He commenced a very harsh
mode of treatment towards them, putting in a distress at
the expiration of every quarter it the rent was not im-
mediately paid. On the 22d of May he seiz.-d all the
growing crops and other effects of plaintiffs for the ba-
lance of 161. 15s. 6d., due at Lady-day preceding.
These effects he kept until the 11th of September, when
he appointed a sale at ten o'clock in the morning, when
about ten persons only were assembled, and b :ught in
all the effects for 531. Evidence was given to prove that
these things, if properly advertised and disposed of,
would have realised nearly double that amount.
The principal question in this cause was, whether in
cases were the tenant had entered into an agreement to
consume all hay and straw on the premises, the landlord
seizing for a distress was required " to sell for the best
price," under the statute cif Wilder]] and Mary, in con-
travention of tho contract, or might sell conditionally,
according to their agreement. Abbey v. Petch, 8 Mee-
son and W.. was relied on in support of the latter pro-
position. The Learned Counsel for the plsintift disputed
the principle of this case, and relied on Frusher v. Lee,
10 Meeson and W. 709,: in which the Court of Ex.
chequer doubted the authority of Abbey v. Perch, and
intimated that a landlord could allow a privete arrange-
ment with his tenant to control the express provisions
of a statute.

Mr. Justice MAULE said that as there was a positive
decision of the court in Abbey v. Vetch, and only a
doubt suggested in FruJier v. Le., he .should direct the
jury to act on the authority of the former case.
The jury. after some coosideratiun, found a verdict for
the plaintiffs, wi:h 1001. damages.

The case excited intense interest in Gl,mcester, where
the treatment of the plaintiffs by their landlord, a bill dis-
counter is that city, has been a subject of considerable
discussion.

Attorney for the plaintiffs, Mr. G. P. Wilkes, o
Glouces.ter, for the defendant, Mr. G. Lewis.

WARD V. KING KING, ESQ,

Mr. Sergeant Taltourd and Ur. Keating appeared for
the plaintiff, and Mr. Whateley and Mr. W. H. Cooke
for the defendant.

This was an action against the late sheriff for Here-
fordshire, for improperly s:i;ing and selling the goods
of the plaintiff. The cause had been entered for trial at
the assiz,s for Herefordshire, and the venue changed by
consent to this county, the shortness of time allowed tor
those assizes not permitting it to be inquired into
Those assizes terminated on Tnursday in Passion Week,
and as the law offices were closed from Good Friday to
Easter Tuesday, inclusive, no re-sealing of the writ
could take place in that time. The solicitor for the
plaintiff had entered the cause, and ()mitred to get it re-
sealed in the meantime. The neglect was pointed out
before the jury was sworn by the counsel tor the defend-
ant, who submitted that the court had no jurisdiction
to try the cause, and that it must be erased from the
list.

The Learned JUDGE being of the same opinion, it was
withdrawn, and subsequently submitted to the decision
of an arbitrator.

PHELPS AND ANOTHER V. BOWEN.

Mr. Keating and Mr. Phipson appeared ;.or the plain-
tiffs ; Mr. Whateley f r the defendants.
This was an action to re.-over pr;cp of a cargo of
coals sold by the plaintiffs, who are proprietors of n
coiliery near Newport, to the d,f, 'Aunt, a coal-merchant
at Bristol.

The questions in the cause ware, first, had the credit
expired before the commencement of the action ; and
seccnd, were the coals delivered such as the defendant
had c.mtracted for, he contending that they had agreed
for large coals, and that those supplied were one,.
Conflicting evidence was offt,red on both side s, an,
finally the jury found for the platiadfs, damage!,
27/. 12s. 6 1., the amount at which it was said they Lan
offered to :,ettle before the commencement of the actio:,

Mr. Sergeant grazrlee dispst-d of all the re,i a mil:
criminal cases, and left Gloucester by the afternoc

train.

POLICE; INTELLIGENcE.
MANSION-HOUSE.
RAILWAY MATTERS.—Mr. Stern, of the house o
Stern Brothers. At‘igel•eout, andThi [Wadeogrn theortu fuiO4,iv
-stre:, enp,g-
pettred before the Lord Mayor'
statement:—
In 1845 a company was established called the Bordeaux
and ?-detliterranean Rallway Company, at No. 2, Cow.
per6•COUT, ' t Cornhill. They issued a large amount of
scrip sham s, on which they received an instalment or 2n
per share. On the 18th of May. 1846, there appear( d
in the Times the following advertisein
BORDEAUX AND MEDITERBANEAN RAILWAY COM-
PANY.—The English directors 4,t the liorotaux
am
Mediternne-n Railway Company bez to iidorio
their sub-cribecs that an arrangement for uniting thi•
cutnpaly with the other three xi,ting companies
having been c.nopleied, the direct culices,ion 0
the line was, on the 28th of February, d, finitivel)
granted to the Amalgamated company. The subscrib r.
-
in this comt.any will have ore definitive share for sigh,
sharer, on which a deposit of 4/ per i”hare has been paid,
and the balance will be returned so soon as the necessar)
forms are gone through.

"J. MAITL A ND, Secretary."
On the 9th of July there appeared, in the same paper
the advertisemen: copied below, signed ny,the s cretary
" Bordeaux and Mediterranean RAiiway Company.—
The directors of ;this company have to announce, tha:
the direct concession of the lease of the railway to fi:m
consolidated companies approv,al h% the French Cham-
bers, has obtained the sanctien of Royal ordinance, an,,
is now the law of France. The shareheiders of this
company are entitled to one share on whieh 41. has beer,
paid, for every eight of their original s,bseriptions„ snd.
together with their cerificates, will receive b to,
three-fourths of their deposits. It is hoped tha
the certificates will be ready for delivery of
Monday the 3il of August, but at all events the suralm.
deposit will be payable on anti a ter that day, on appli-
cation at the office of the company, from eleven tit, one."
Now when we called to receive our 57i eousolictatee
shares, and 6901., the remainder in money, which tfu
owe, the directoi a refused to deliver either the wit) of
the other, but they asked us to sign a paper, which is to
authorise their solicitor to enttr into come litigation ni
our behalf against themselves. Of course we did le,:
consent to do anything of the kind, being only desirou
to receive our money and scrip, according to the term:;
of their own advertisement. and
,on the face of which
trusted them with our scrip snares, according to the
practice
and arrangements adopted in other companies
in similar circumstances.
The LORD MAYOR—And what do you wish me to de
in this case ? I admit that your statement and the con
tents of the advertisements, make it fait a very strong
one, and I am surprised that the promises held out ft
you should not have been performed.
Mr. Stern—You see, my Lord, that, judging from th,
high respectability of the directors, the shareholder:
could have expected nothing but the most complete and
punctual performance of all that has appeared in the
advertisements, signed by their secretary. Now, our
object is to summon the secretary to account for the ex
traordinary proceedings of the dirf etors in keeping pos-
session of our money which they have received,P' ap ed
and promised to re-pay. We consider it extremely od
d
that they should, instead of performing '
the promises
phoeshiltito'onrthtoinsigthne putaadpraepretirseornrenwtsh,iehthe
u s (ff
following is )i
aro-
copy:—
" To Messrs. Fry, Loxley, and Fry.—Gentlemen,--
I hereby authorise you to raise an action at law against
all, or either, of the following gentlemen, &c.
directors of the Bordeaux and Mediterranean Railway,
for the recovery of the proportion of the deposit due on
the shares allotted to me in that company."
The LORD MAYOR said it appeared to him that inas-
much as the promise was a future and contingent pro
mise, no fraud could be established ; that to constitute a
fraud it was necessary that there must be a false pretence
existing before the delivery of the scrip ; but if the
Messrs. Stern should be advised that there was a suffi
cient case of conspiracy against the directors, then the
remedy was to be found in an indictment. As the case
was not ore in which he considered that he had imme-
diate jurisdiction, he must refer the applicants to the
authority to which they might appeal against men of
such standing in society as the directors with decided
effect.
THE FORGERIES OF THE LONDON AND SOUTH-
WESTERN RAILWAY SHARES.—William Farriery, who
was on Tuesday charged upon suspicion of having been i

-
(concerted, with Horatio Nelson West, in-forging Lon-
don and South Western Railway shares was brought UP
for re'-examir ation. The evidence against him oa thsa
first slay of examination was of so slight a nature. and
the impression made in his favour by the -manner in
which he denied all knowledge of any dishonourable
trap action its the share dealing in_ which ha was a par!'
ticipator, was so decided. that the Lord Mayor wens
tinned, on leaving the chair, that if no additional testi:
moray should be produced next day, bail would be taken:',f/?,
for his appearance.
-r
Mr. Clarkson, and Mr. Morgan, the solicitor to the '.-
company, appeared for the prosecution. Mr._Ttrhour-
din, of Lincoln's Inn-fields, attended for the prisoner.
Mr. Charles Tomlinson, of No. 20, Wellington street,
Salford, Manchester, said, I bought of a man named
Watson, who I am convinced is the prisoner, 40 shares
of gas London and South Western Company, on the aath
of February last. I produce one of those 40 shares.
Mr. Clarkson—lt will be recollected that the prisoner
yesterday declared that he was never at Manchest' r.
The witness, in his cross-examination, said—l don't
recollect the date, except that I took the prisoner to Air.
Bowker's office on the following mornin r, and he re-
csaved the money from Mr. Kinder. The scrip has never
betn ut fmy possession. I have other scrip. I sent
it by Mr. Bowker to London. I received that number
from Mr. Kinder. I know it by the figures on the
back. They were put on before I got it. I first saw the
accused the day before I went to Mr. Bowker. I ezp
qu to certain of his identity.
Mr. John Buckley Kinder, clerk to Mr. Joseph.
Bowker, of Broughton, near Manchester—l remenit/er,
Mr. Tomlin-on bringing to me on Friday, the 20th
February, ti e prisoner, who passed then as Thomas
Watson. He was brought to me by the last witness for
the purpose of selling us 250 London and South-WestPra
sharer. I purchased 50 of him, and sold 200 for hio•
I am quite certain the prisoner is the man. I have reason
to believe that all the shares are forged.
Cross-examined—l paid the prisoner the money.
The Prisoner—l say, I never was in Mai chaster is
my life. I assert it in the face of all the world.
Wm. Alfred Morgan, treasurer of the London and '
South Western Railway Company, stated, that, on the
Ist of January some new shares in the company Were,
issued. The rcrip produced is forged. •
Mr. Charles Tahourdin, the prisoner's attorney, well
appeared as a witness. We was, he said, solicitor for duo
defendant in the cause Whalley v. Farmery. He re-
ceived notice of trial for the York Assizes on the 24th of
February. The Commission day being the bth of March,
he communicated that fact to Mr. Farmery, and had bed
several interviews with him on the subject of that causes
and Mr. Farmery went to Leeds by his direction to get
up evidence. "I do not", said the witnes4, " believe the
handwriting upon the receipt produced by Mr. Binder $0
be the handwriting of Mr. Farmery."
The prisoner was then remanded, the Lord Mayor,
after such evidence having refused to accept bail.
CLERKEN WELL.
Ann Williains, a tall middle-aged female, with a child
in her arms, was charged, before Mr. Combe, with ,)
h.ving committed several robberies.

The system pursued by the prisoner was to call upon
ladies at their own residence, and beg that. as a matter
of charity, they would give her some needlework W
execute, as she and her family were reduced from cir-
cumstances of comparative comfort and independence W
the greatest want. The mowent the prisoner was left
alone she availed herself of the opportunity of stealig
whatever she could lay her hands upon.
Mrs. Nlatcock, a lady residing at liemmingford Val*
Islington, proved that the prisoner came to her boUee•
and atter having told her usual tale, and requested soul°
needlework to do, she was left alone for a very whorl
time, when she stole a valuable wirchlrom the chimney'
piece, and a rosewood dressing-case from the table of tha
inside room.

A number of ladies were in attendance who had been
robbiAl of plate, watches, jewellery, and other articles bl,
a person %4 er in g the description of the prisoner, lot
sevei al of them recognised her having called at their
houses to request work shortly before the articles were
stole', ; and one gentle-man said he missed a valuablo
gold watch shortly atter Rome female very like the gri'
sonar had b-en to his reso-1.-nce.
4.1 s the police had not as yet had time to trace tig
stolen property, toe prisoner was ordered to be brouguy
up for final exatnioation on Monday next.

LLOYD'S SHIPPING.
LONDON, APRIL 14.—Wind N.E., fresh gale and clou.
DEAL., APRIL 13.—Wind N.E., fresh—Arrd. Royal AlDrn
Balderston, Manilla; Agincourt, Neatley, Madras; I"- •
Packet, Harry, Pernambuco. Sid. the outward bound, ear'
cept the Jessie, for Valparaise.
DUNGENESS ROADS, APRIL 13.—SId. Loyal Priton, Quebec' .
POI:TSMOUTH, APRIL 13.—Wind E.N.E.—Off port, CroWl3o
St, John's. Sld. Quebec, New York.
LIVERPOOL, APRIL 13.—Wind E.N.E., moderate.—Ar4
Qaisachan, Phillips, B .mbay ; 31azeppa, Pernambuco; r-"
terprise, Davies, Savauilla; Abbot Lord, Blaisdell, New Or'
leans; Elizabeth, Geves, Charleslon; Jii.zepha, Leitch, ditto:
Elope, Hall, Baltimore; John Currier, Knapp, Philadelphis
Missouri, Silvester, New York. Sld. the outward bouna•
The Jane Gano, Davies, arrived here to-day from Virginia,
spoke the schooner John, of Marblehead, a complete wreck
on the 20th ult., lat. 43, long. 49., but declined assistance:
Off port, London, New Orleans; Coromandel, Mobile; and
Thames. —.
PLYMOUTH, APRIL 13.—Wind E.—Sld. Lady Fitzherbert
Marseilles and Mauritius; Fiorence, Prince Edward'ti Island;
William Bromham, Quebec; Spermaceti, ditto; Silvia
ditto; Mariner, ditto; Satisfaction, New York; Royal Sove-
reign, Adelaide, South Austrilia
CLYDE.—Arrd. Fleetwood, Richardson, Mauritius; Herald.
Turnbull, Pernambuco; Charlotte Harrison, llPlntyre, New
Orleans; Beliona, Auld, New York. Sld. Dien, Singapore;
Emblem, New York; Calcutta, Quebec; Mariner, Mira-
michi ; Rebecca, New York; Henry Hood, Bathurst. '
Corm, APRIL 11.—Wind IV. to W.S.W.—Arrd. Alice
Haveland, Currie, Havanuab. Sid. Francis, New York;
Ganges, Quebec.

LEITH, APRIL 10.— SR Alidille.sborough, Quebec.
Sititmns, APRIL 13.—Wind N.E., fresh.—Put back, Dena •
on, for Pictou; Favourite, for America; both with loss
topmasts,
SUNDERLAND, APRIL 13.—AVind N.N.E.—SId. Vine'
Queoec; Viola, Montreal.
Iltru Arun, 13.—Wind W.N.W.—S:d. Latons, Mir*.
'nicht ; Charlotte, Bombay. ;
The Queon of Scotland st,amer, from Hamburgh, go-fr,
contact, in the Humber, with the Defiance fishing solibe !
he latter sunk, crew (except a boy) saved.
DUMFRIIES.—SL. Helen Douglas, St. John's, New Brune
wick.

SOUTHAMPTON, APRIL 13.—Wind Graben!:
Beach, `•t. J• tin's, New Brunswick. Sl.i. Da3,l4lus, Quebec-0
TORBAY, APRIL 13.—Wind Emma. Bost °,
d.
llAuTmouTH, APRIL 13.—Wind Eine"'
Airmin,

BlDEroun, APRIL 13.—The Native, cf Cork, has beconle
a tot :I wreck.
‘Vtimv, Arm. 12.—The Celerity, of Wells, has been gut
off shore with damage, and into the hart our. The Wilburn,
trom• lesbor.ugh, has gone on shore; crew saved.
OFF THE WlGllT.—Heralon, Richter, Bahia, 10-
Stockholm.
POOLE, APRIL 11.—Sld. Anglieania, Quebec.
PORTLAND ROADS, APRIL 7.—Axrd. Magdalen, New York'
fir Antwerp.
Saco, APRIL. I I.—Arrd. the Wanderer, Evans,New Yori‘
LoNGHOPR APRIL 6.—Sld. Tom Bowline, Quebec.
l'ADsz,iw, APRIL 11.—The he id-board of a vessel, man—
' Al,iyflower,' has been picked up near Port Isaac.
.INVEREEITHING, APRIL 11.-1 he Lilias, of Sunderland,
was driven on shore near M‘Qa-en's Ferry Bth inst., but
expected to be got off with little damage.

REGISTRY of BIRTHS and DEATHS.
DURING THE WEEK ENDING Ap:;th io.
Deaths registered in the week. Births registi red in he wpm.
dales . 527 Mal 23 771
Females ... 524 Females .
•• •••

Total . 1.05-1

Total ... 1,4§9

MARKET NE DVS.-.(YESTERDAY•)

The present wCe°ekit'sNa-rEt
oil av • iv3taClsiloAf English Wheat having
wen - et.) moderate scale, the supply of that grain
,ii her was, small. Although the attendance of buyers
was limited, the demand for both red and white waif
IteadY, and previous rates were well supported. There
was ~, ly a limited supply of foreign Wheat on show,
•Jad which moved off steanily, at full prices. The Baricy
trade was firm at the late advance in the quotations.
We had a fair inquiry for Malt, at full currencies. With
Oat, we were scantily supplied, while a full average
amount of business was transacted, at previous quo,a-
!ions. In Beans, Peas, and Flour, we have no change
to report.

Wheat.
1,780 qrs.

ARRIVALS.
I Barley.
150 qrs.

h'.ligllstl • .....
........
i'oreign

Oats 1 Flour.
40 qrs. 1 1,010 ski •
870 I ---
13,700

3,870
Malt, 50 qrs.
WIIXTMCMAPEL.

2,430

The supplies of meat on offer being on the increases
tie reneral demand was heavy, and prices had a down•.
vvstrd tendency. B-el fr.m 2s 8d to 3s 6d • Mutton.
t, 61 t►► 4.7 t 8d; La►nb, 5i to 6s ; Veal, 3s 10d to
10d ; and Pork, 3,8 d to 5, per 81bs. by the carcase.

111R7113.
On the Bth inst., at Lee, the wife of Frederick St. Johllo
Esq , of a daughter.
On the 9th inst., in Bloomsbury-square, the wife of Virg'
lain Kinsey, Esq., of a daughter, still-born.
On the 10th nist., in Harewood-square, the wife of J. 13.
Holman, E.q., of a son.
On the 10th inst., in Rod Lion-street, Holborn, Mrs. Bell'
ville, of a (laughter.
On the 10th inst., at South-grove, Hampstead, the wife 01
'aptain T. H. Johnston, of a daughter.
On the 11th inst., at Long Ditton, the lady of John Wake'
man Long, Esq., of a daughter.
On the 11th inst., at King William-street, Mrs. Thome,
Dakin, of a daughter.
On the llth inst., prematurely, Mrs. A. J. Bone, of a son.
On the 12th inst., the lady of S. Clarke, Esq.. ota daughter.

MA RRIED.
On the 12th inst., at St. John's Church, Clapham-rise/Mt'
William Briant. to Susannah, second daughter of the late T.
Alford, Esq., of Merton Lodge, Surrey.
--

DIED.
At Godstone, Surrey, on Sunday his', Mr. W. Beaufordt
r late of the Old Drury Tavern. Biydges. street, Covent-garden.
On the 7th inst., at Edinburgh, Edward Gordon Brenlert
Esq., Commander, R.N., aged 26.
On the 7th inst., Mr. Robert Woodford, of Greenford-grew'
Middlesex, aged 43.
On the 7th inst., at Jersey, Joshua Flesher Hanson, Esq.
On the 9th inst., at Grove-road, Brixton, Edward, the Se'
cond son of Henry Prichard, Esq., aged 5 years.
On the 9th inst., at Lawn-place, Shephprd's-busb, Anne,
the wife of Philip Watier, Esq.
On the 9th inst., Charles Willis, only child of Mr. Charles
Hawkins, of Doctors'-commons.
On the 10th inst., in Gibson-square, Islington, Elizabeth'
relict of the late J. Howard, Esq., aged 74.
On the 11th Met , FrancPs, the wife of Samuel Loyat, ES1•11
of Montagu-street, Portinan-square.
On the II th inst., at Truro, the Rev. Joseph George
Venables, aged 81.

No
London: Printed and Published by hall/DO Yotaito, of • 115. ,g
strand, Printer, at The Sun Office, N 0.112, Strund, in the Prechn
of the Savoy, in the County or 3114dleeez. Thunidah APril J"../
1847.

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