The Sun.
London, England, 1841-12-01 00:00:00

[iN5 3 LONDON WEDNESDAY" DECEILBER 1, 1841
t. ;
'LAW INTELLIGENCE
COURT OF QUEEN'S BENCH, Nov. 30.
TAMMY JARS.—OSBORNE V. ROE.
Mr. PLATT stated the case. It was an action brought
by Wm. Osborne, a bricklayer and plasterer of College-
place. King's-road, Chelsea, against the defendant, a
gentleman holding a situation in her Majesty's Customs,
to recover the rent of a house in Lockwood-terrace,
Chelsea, occupied by the defendant's wife. The ques-
tion the Jury would have to decide was, whether the
defendant was liable for the use and occupation of the
house occupied by his wife. It was admitted that the
wife could pledge her husband's credit for necessaries,
and the Jury would have to say whether the occupation
of the house came under that class. It would be shoWn
that the defendant visited his wife at Lockwood-terrace,
and slept there occasionally ; and it could not be denied
that it was with his knowledge and consent the house
was occupied. It appeared that in 1837, the defendant
and his wife being on unfortunate terms, she came from
Ramsgate to London and took the house in question,
and on going down to Ramsgate in 1839 to her husband
she was turned out with violence. After referring to
other facts of the case as they afterwards appeared in
evidence, the Learned Counsel concluded by submitting
that the plaintiff was entitled to the sum claimed, namely,
24t odd.
Emma Atkinson—l lived with Mr. and Mrs. Roe at
Ramsgate about five years ago. I always understood her
to be his wife. At first they seemed very comfortable,
and then they quarrelled. On the morning when we left
Ramsgate he was very violent.. He said, if his wife did
not go, he would turn her out, and if that would not do,
he would kick her out ; that he was going for a con-
stable. I left the house with Mrs. Roe, and went to
Margate, and next morning we went to King's-road,
Chelsea, and afterwards to Lockwood-terrace, to Mr.
Osborne's house. She had three of the children with
her. I remained with her three months. Mr. Roe came
frequently during that time, once or twice a week, and
used to sleep there. Last time he came he d—d her, and
wished the house would fall about her ears. Mrs. Roe
and I went to the Mansion-house to see if her husband
would allow her a maintenance. I left her because she
could not afford to pay me my wages. The quarrel at
Ramsgate took place about her going down to make his
breakfast. The two servants went with her to London.
Sarah Piper—l served Mrs. Roe with milk while she
lived at Chelsea. Mr. Roe took two more of the chil-
dren to her, and shortly afterwards he took them away.
Three remained with her, and when Mr. Roe was at
Lockwood-terrace one of the children slept with me. I
saw Mr. Roe at the house. Mr. Roe owes me 401. for
money advanced for the children. I saw them walking
arm-in-arm one day.
Rebecca Hodgson, a laundress, saw Mr. Roe three
times at Lockwood-terrace, and made the bed for him.
Never saw him in bed with Mrs. Roe.
Elizabeth Hodgson, daughter to the last witness, saw
Mr. Roe frequently at Lockwood-terrace. Had known
him stay there two nights at a time.
John Butt, an appraiser, levied on the goods of Wil-
liam Styles Roe, at 1, Lockwood-terrace, for 151. 15s. A
balance of 41. remained due. That was in January, 1840.
Charles Lock—l know the defendant, who took a
house of me at Chelsea, in 1836. His wife occupied it.
Mary Anne Shervet—Was in Mrs. Roe's service in
1839, and accompanied her to Ramsgate. At that time
none of the children were with her. The person who
opened the door at Mr. RoYs tried to shut it again, but
Mrs. Roe pushed it in and went into the parlour where
Mr. Roe was writing. He asked her what she wanted.
She said she.had brought the children some things. He
said lie did not want her nor the things, and to go about
her business. She refused to go, and he threatened to
send fur a policeman, and she said she would give him
in charge. After some altercation he kicked Mrs. Roe
out of the door and myself also. We went back to Lon-
don. Mrs. Roe was not very violent or abusive. I saw
him kick her. A lady who lived next door to Mr. Roe
was present when Mrs. Roe was turned out.
Several letters addressed by the defendant from Rams-
gate in 1837 and 1838 to Mrs. Roe at Lockwood-terrace
were rut in and read. They were couched in very affec-
tionate terms, commencing " My Dearest Love," and
ending, " Your Affectionate Husband," and in one of
them he referred to having sent up some furniture for her
house, and hoped she would have half a bed to bestow
upon a weary traveller when he went up to London.
Mr. THESIGER addressed the jury for the defendant.
It appeared that he had not less than ten children, two
of them by a former wife, and it was owing to these in a
great measure that the unhappy differences arose. In
consequence of her refusing to allow one of his daugh-
ters to go down stairs and make his breakfast, the de-
fendant had, in a moment of irritation, threatened, but
without the slightest intention of carrying that threat
into effect, to turn her out. On his return home he
found that she had left his house with the two servants.
After tracing_ her out, he and his brother went to her,
and entreated her to return home, but she positively re-
fused to do so. Finding- that she was living in a very
extravagant way, and likely to ruin him, he was com-
pelled to publish handbills in June 1838, and circulate
them through Chelsea, cautioning them not to give her
any credit ; he would show that the plaintiff had seen
one of these handbills. The defendant's income was
440/. per annum, but he had a large family, and a certain
station in society to support, and Mrs. Roe had in her
own right an income of 901, a year, which the jury would
admit was amply sufficient to support her if she chose to
live apart from her husband. He trusted that the jury
would take these circumstances into consideration, and
say that under all the facts of the case, Mr. Roe was not
to be called upon to pay all the debts his wife chose to
contract.
A deed of settlement of 3001. Consols was then put in
and read.
. Mr. MANGLES proved that since the separation of the
defendant and his wife, he had paid the proceeds, 901.
per annum to Mrs. Roe.
A clerk of the Customs proved that the salary of the
defendant was 400/. per annum, and he had a house,
which was let for 60/, per annum. He has ten children.
Mr. F. Roe, brother to the defendant, And a banker
at Newport, Isle of Wight, deposed that in June, 1837,
he accompanied the defendant to Chelsea. They shook
hands, and defendant expressed a strong wish that she
should return to Ramsgate, but she said nothing would
induce her to do so. Defendant made use of the word
" woman," and she got into a violent rage, saying she
was no woman, but his lawful wife. Witness saw her
next day, alone, but she still refused to go to Ramsgate.
In 1838 or 1839 defendant received 1,0001., left him by
his uncle. Some property devolved to him also on the
death of his mother in December last. It consisted of
some houses, and money in the funds. The houses were
worth about 1,600/., and about 2,5001. in Consols. Defen-
dant was entitled to one-third only of that property.
Miss Geo, governess to the defendant's children, ac-
companied defendant to Chelsea in September, 1838, and
fetched away two of the three children then living with
Mrs. Roe. In 1839 the third child was brought home, and
shortly afterwards Mrs. Roe came down to Ramsgate. I
opened the door and she walked into the parlour. Mr. Roe
inquired what she wanted, she said she had brought some
clothes belonging to the children, and to demand the
quarter's money for the last child. He told her to go,
and she said she would not go. He said he had orders
from his solicitor to send for a policeman and turn her
out, and she said she had the same orders from her soli-
citor. She seemed to be very cross. She had no clothes
with her. Mr. Roe took her gently and pushed her out
of the door. He did not kick her, nor did he use any
violent language. It was about half-past nine o'clock at
night. The children and servant were in bed •at the
time. I did not attempt to close the door on Mrs. Roe. I
remained in the passage with the servant. I am still in
Mr. Roe's family.
Mr. PLATT having replied at some length,
Lord DENMAN summed up the case to the Jury, and
said it was for them ,to say whether the defendant had,
by his conduct, rendered himself liable for the rent of the
house occupied by his wife.
The Jury interrupted the Learned Judge by returning
a verdict for the plaintiff for the sum claimed, 24/. 11s.
SAMPSON C. ENGLAND.

The motion was seconded and carried unanimously.
Mr. DYER thanked them for having re-elected him,
and assured them that his services were ever ready; anti
this further mark of their satisfaction would induce him,
if possible, to use greater exertions in their behalf.
The CHAIRMAN said
,their next business was to elect
a trustee.
Mr.ANDERTON moved Sheriffflogers be elected.
Mr. DYER said he had a conversation with Mr. Rogers,
who had expressed his desire to assist the Society all in
his power.
The CHAIRMAN said he- had heard Mr. Rogers express
his willingness to co-operate-with the Society. He was
ever foremost in charitable acts, and this Society he con-
sidered to be peculiarly an adjunct to his office. This
resolution was put and carried unanimously.
Mr. ANDERTON said he holied Mr. Cooper would con-
tinue in his office as Honorary Secretary, and begged to
propose a vote of thanks to hun.
Mr. COOPER said he should be most happy to continue
his services. The peculiar situation he held in the Ses-
sions House, had induced him to offer them at first ; and
for the same reason now he should be most happy to con-
tinue them, and he hoped those services would be more
frequently called into operation.
Mr. DYER moved that the Sheriffs be requested to re-
ceive subscriptions on behalf of the fund.
This was also carried.

The following gentlemen were then elected as the
Committee :—James Anderton, J. H. Capper, Samuel
Gage, Robert Obbard, Thomas Saunders, James Taylor,
Charles Pearson, and David Williams Wire, Esqrs., and
the Reverends Samuel Wix and Henry George Watkins.
Mr. ANDERTON, in proposing the thanks of the meet-
ing to the Chairman, said, that he thought the best way
to benefit the charity was by having a dinner. These
things generally did the most good. He, therefore,
trusted the Committee would take means for such a pur-
pose. He was sure the worthy Under-Sheriff would
give his assistance, and he doubted not that they would
afterwards find the .Treasurer's purse would, be con-
siderably augmented. He begged to propose that the
thanks of the meeting be given to the Chairman. With
respect to the dinner scheme they would have an excel-
lent Carver in the Rev. Ordinary.—(Laughter.)
The CHAIRMAN returned thanks.
The meeting then separated.

OPENING of the GOSPORT BRANCH
OF THE SOUTH-WESTERN RAILWAY.
(From the Hampshire Telegraph of Saturday.)
It having been announced that this important branch
would be opened to-day, the terminus of the railway at
Gosport, at a quarter before two o'clock, began to fill
with visitors to witness the arrival of the Directors, and
at twenty minutes past two they entered the station in
four first-class carriages, drawn by the " Queen" engine,
and were receivet: with loud cheers, and the band of
the 73d Regiment playing " See the -conquering hero
comes." The train left London at ten o'clock, with the
Directors, Col. Sir Charles Smith, Mr. Locke, the engi-
neer, Mr. Tite, the architect, &c., who examined the
line at various stations, and particularly the tunnel at
Fareham, where they alighted and inspected the work
minutely ; and we are informed the result is satisfac-
tory to them and the Government Inspector, Colonel
Sir Charles Smith. At twenty-five minutes to three
the Directors and other gentlemen took their seats, and
a procession of carriages and omnibuses being formed,
with a band of music at the head, passed through Gos-
port, over the Floating Bridge, and then through Ports-
mouth, &c., returning to Gosport to dine with a large
party at at the Star Hotel, where a sumptuous dinner
was prepared at five o'clock, to which they, as well as
the friends who accompanied them in the train, and 11.
Compton, Esq., one of the Members for this division of
the County, Major-General Sir Hercules Pakenham, and
other distinguished authorities, were invited by a large
number of the principal inhabitants of these towns.
The room was handsomely decorated for tho occasion,
and about 140 persons were . present at the dinner.
The band of the 73d Regiment occupying the orchestra,
playing appropriate tunes at each toast. Dr. Quarrier
presided, and was supported on his right by Sir John
Easthope, Bart., one of the Directors of the Company,
Major-General Sir H. Pakenham, the Venerable Arch-
deacon Wilberforce, Mr. Smith, Mr. Humphreys, Mr.
Boothby, and A. Morgan, Esq., Secretary of the Com-
pany, Mr. Reid, R. Cruickshank. Esq., &c.; and on his
left by Mr. Chaplin. the Vice-Chairman of the Direc-
tors, H. C. Compton, Esq., M.P., Captain Sir, Thomas
Fellowes, C. 8., Captain Sir Richard Grant, Colonel
Henderson, Mr. Drew, and Mr. King, Southampton Di-
rectors ; W. Grant, Esq., H. St. John Medley, Esq.,
John Garrett, Esq., &c. &c. Mr. Locke, the engineer,
Mr. Tite, the architect, and Mr. Boothby, the contrac-
tor, were also present.
On the removal of the cloth, the CHAIRMAN gave the
usual loyal toasts, " The Queen," " The Heir Apparent,"
" Prince Albert," " The Queen Dowager," &c., which
were drank with three times three. "The- Bishop and
Clergy of the Diocese," followed.
Archdeacon WILBERFORCE returned thanks in an
eloquent speech, and in congratulating the Directors on
the accomplishment of this branch of railway, as a great
undertaking, suggested to them theconsideration whether
all traffic upon the railway on Sundays might not be
suspended. He took this opportunity, now the Direc-
tors were present, to press this subject on their minds.
They had, to their great credit, determined to suspend
the conveyance on the Sabbath-day of all merchandise,
and he trusted that would be followed by a further re-
striction, by suspending all traffic whatever.
The CHAIRMAN then gave the " Navy and Army."
Rear-Admiral M‘lirtiLEv returned thanks for the
former, and Sir HEacuLEs PAKENHAM for the latter.
Rear-Admiral M'KINLEY then proposed the " Lord
Lieutenant arid Magistrates for the county."
H. COMPTON, Esq., M.P., returned thanks.
The CHAIRMAN said the next toast he should propose
was one the Company he was sure would cordially ac-
cept, for it was mixed up with the enjoyment they had
to-day received. He was sure they would drink to the
" Health of the Directors and Proprietors of the Rail-
way," and join with him in most hearty thanks to them
for bringing the branch to Gosport. The toast having
been drank with loud cheers,
Mr. CHAPLIN, the Vice-Chairman of the Directors, in
acknowledging this compliment said, this was truly a
most glorious day for the Directors and Proprietors,
whether they looked to the kind manner in which they
had been met on their arrival—the brilliant entertain-
ment that had been afforded them—the attendance on
the occasion of so many distinguished persons and
wealthy inhabitants of these towns, or the inspiring toast
that had been given and received in so cordial a man-
ner. Such a gratifying demonstration was quite enough
to obliterate from their minds all the trouble they had
encountered in accomplishing this.—(Cheers.) With
regard to the venerable Archdeacon's suggestion
as to suspending all traffic on the railway on :Sun-
days, he would assure the Reverend Gentleman
that the subject should have the consideration ,of
the Directors. Their only policy was that of affording
the greatest accommodation, and it was only on this
ground they. could expect to be supported. If any
gentleman wished to suggest any proposition upon the
subject of the time of departure of the trains, or of the
price, &c., the Directors would be proud to receive it at
all times.—(Cheers.) Mr. Chaplin then proceeded to
say that the main line of railway had now been
open a year and a half, and had exceeded the expecta-
tions of the Directors, and the -trade was daily increas-
ing. If the parent line was paying a revenue, there could
be no doubt that this branch of it must do so, and
benefit these towns., To Sir John Easthope the credit
was due for proposing this scherne (the Gosprt Branch);
he brought forth the plan as well as the money, and it is
now at their door.—(Cries of " Hear, hear.") The en-
gineer of the Company. had completed his work—he is
the personal friend of most of the Directors, and has
promised to remain with them to watch over their inter-
ests. He begged, in the name of the Directors and
Proprietors, to return his thanks for the honour the com-
pany had done them.
Sir JOHN EASTHOPE then briefly addressed the com-
pany, to express his gratification at the accomplishment
of this branch, and to join in thanks for the kind manner
in which the Directors had been received.
The CHAIRMAN then gave, " The health of the
.Com-
mending Officer of the District, Major-General the Hon.
Sir Hercules Pakenham.' —(Cheers.)
Sir HERCULES PAKENHAM, after acknowledging this
toast, said he felt a great interest in the success of this
great undertaking, and to show the confidence the Go-
vernment reposed in it, he had that day ordered a large
detachment of troops to move from Winchester to this
town on the branch on the first day it opened, on Mon-
day next.—(Cheers.) A large body would then come
down by it, not for any light occasion, but to embark for
China, there to uphold the honour of this nation.
Several other toasts were given and the meeting broke
at a late hour.

This was a feigned issue to try the right to certain
goods and chattles which had been taken into execution
by the defendant. It appeared that a person named
Hunt, was indebted to the plaintiff Sampson, for goods
to the amount of 731, and Hunt made out a bill of sale
of the property in his possession to Sampson, and gave
him possession under the bill of sale. A man named
Holditch was put into possession, and in the meantime
the defendant England, to whom Hunt was also in-
debted, sued out an execution, and seized these goods.
The question for the Jury to decide was, whether the
property at the the time the writ of execution was sued
out, was that of Hunt or Sampson.
Mr. PLATT stated the case, and called some witnesses
in support thereof.
Mr. TIIESIGER having addressed the jury for the de-
fendant, and the Learned Judge having summed up, the
jury found for the defendant.
HORNE, V. GRIMBLE AND ANOTHER.
Mr. THESIGER stated the case. It was an action
brought by the plaintiff to recover compensation for an
assault and false imprisonment under very unjustifiable
circumstances. It appeared that the plaintiff had disco-
vered some improvement in the distillation and rectifi-
cation of spirits, and he communicated that discovery to
Sir Felix Booth and Co., the distillers, who agreed to
give him an annuity of 3001. and a sum of 6d. per gallon
upon all the spirits sent out of the distillery. The de-
fendants, however, one of them a partner in the distil-
lery, and the other the cashier, being possessed of
conti the
secret, would appear to have been unwilling tocontinue
the payments to the plaintiff; and in reply to an
oapplica-
tion from the plaintiff to inspect the books, i
wrote a
n rder to
ascertain the quantity of spirits sent out, they
letter, stating that the books were lying at their so-
licitors, and would be shown him and the sum due
paid, on his giving a receipt. The plaintiff objected
to going to the solicitors, the office of the
d the
_examineti
llery '
being, he alleged, the proper place t
the books. Some further letters passed, an
plaintiff having intimated that he would call at the
premises, and receive the amount due to him, he received
a letter from the defendant Grimble, stating that any
application made by him at the premises would be treated
as a trespass. The plaintiff went there, and on ringing
the bell was given into the custody of a policeman and
carried to the station-house. From thence he was
brought before the police Magistrate, who at once dis-
missed the case. The plaintiff, smarting under the in-
dignity, and feeling that it would seriously
injure his
just claim for compensation, brought the present action.
The complaint of Huggins was, that the plaintiff rang
the bell and spoke very loudly, saying that money was
due him, and that he gave him into custody, although he
admitted at the time that he was certain there was 9602
due to Mr. Horne by Sir Felix Booth and Co.
John Satchel, the attesting witness to the deed of
agreement between David Horne, William Grimble' and
Sir Felix Booth, proved his signature. The deed was
dated 17th July, 1835.
The letters that passed between the defendant and
plaintiff were then put in and read.
William Jacobs said—l know the plaintiff, and attend
hia 501166 tutor. On the 224 April last I went to So.

PROMISSORY NOTES. 1
gond , vh
(From Last Night's Gazette.)
haveo fPr obme iesns ory
in
An Account of the Average Aggregate Amountjeh
Notes
Circulation payablei
n to. Be ar
Uniteder o ni(Di
Kingdom, distinguishing those
circulated by the Bank of England, by Private Banks, and
by Joint Stock Banks, in England and Wales, by the Banks
in Scotland, by the Bank of Ireland, and by all other Banks
in Ireland, and of the Average Amount of Bullion in the
Bank of England, during the Four Weeks preceding, the
13th day
.of November, 1841, pursuant to the Act of 4 and
5 Victoria, cap. 50.