The Sun.
London, England, 1841-02-04 00:00:00

HOUSE -Or LORDS-(THIS DAY.)

The House sat to-day for the purpose of hearing Ap-
peals. The Peers present were the Lord Chancellor,
Lord Brougham, the Marquis of Bute, and Lord Ellen-
torougli.

CALLAGHAN V. CALLAGHAN.
This case, which was part-beard on Tuesday, came before
their Lordships upon appeal from the decision of the L rd
Chancellor of Ireland, dismissing a bill for the specific
performance of an agreement' to make a lease to the dc7,
foldout.

.Mr. S.rgeant• JACKS',N, with whom was Mr. JACOB,
on the part of the appellant, occupied their Lordships on
his behalf the greater part of Tuesday, end nut having
concluded on that day fie resumedhis arguments this =m-
ing, but had not finished them when our reporter left.
The case appears likely to occupy their Lordships sevEral
days.

QUEEN'S BENCH.-(THLS DAY.)

LCC-KWOOD V. W;OD.

Lord DENMAN gave judgment in this case, which was
an action of debt to recover certain market tolls and stall-
age, claimed by the plaintiff as proprietor of a market in
the town of Easingwold. The declaration alleged that
the plaintiff was proprietor of the market in question, and
w!s entitled to claim tolls and stallage ; that the defendant
brought certain goods into the market, and exposed them
for sale. The defendant pleaded that he was never in-
debted. The eve was tried before Mr. Justice Parke at
the Yorkshire Assizes, and a verdict was had for the plain-
tiff, damages Is., as far as related to the stallage. For
the plaintiff a charter was produced, granted to one Hall
in the time of Charles 1., and which conferred upon him
the tolls and profits of the market, and witnesses proved
that the plaintiff, to whom the market at present be-
longed, was in the receipt of market tolls and stallage.
In 1646 an agreement was entered into between
certain inhabitants of Easingwold and Hull, by which is
consideration of certain land and houses, granted to Hull,
the inhabitants were to be exempted from all charge fur
tolls. Mr. Justice Parke was of opinion that that deed
did not exempt the inhabitants from the charge for stallage,
and the question for the Court now was whether the ex-
emption claimed by the defendant from the ordinary mar-
ket tolls extended to an exemption from stallage. After
going at some length through the authorities bearing
upon the case, the Learned Judge said the Court was of
opinion that no ground had been shown for entering a
verdict for the defendant, but as there was some question
as to whether the defendant came within the designation
of an inhabitant of Easingwold, and was thereby entitled
to exemption from tolls, there ought to be a new trial.

THE BIRMINGHAM, BRISTOL, AND THAMR3 JUNCTION RAIL-

WAY COMPANY V. lIOLFORD.

This was an action to recover a sum of 4601. 181 , being
the arrears of calls upon fifty sharev, with interest, which
the defendant held in the above Railway Company, and
mhich he had refused to pay. The case was tried before
Chief Justice Tindal at the Essex Summer Assizes,
in the year 1839, and a verdict was had for the plain-
tiffs for the sum claimed. A rule for a nonsuit
or a new trial was subsequently obtained, on the
ground that the registry book bad not been kept accord.
tog to the Act of Parliament (6th William IV.), and had
been improperiy admitted in evidence ; and also on the
ground that a sufficient number of duly qualified Directors
were not present, or did not vote in favour of the motion
at the time the calls were made.

Mr. TUESIGEI: now appeared to thew cause against the
rule, arid contended that, although some objection might
be taken to the of iginal book, yet the book containing the
register of shares, and which was in existence at the time
these calls were made, was kept according to the form
prescribed by the Act of Parliament. With regard to a
sufficient number of qualified Directors not being present,
the evidence was that five constituted a quorum—that
there were never less than eight present ; and although
some of these Directors held shares in trust for other
parties, on which the calls were not paid up, the calls
being made -unanimously there was a sufficient qualified
number assenting►.

Mr. PLAIT and Mr. PEACOCK were heard in support of
the rule.
The COURT took time to consider its decision.

COMMON PLEAS.-4THIS DA, V.)

(Sittings at Nisi Prius, before Mr. Justice ERSKINE and a
Common Jury.)
RITCHIE AND ANOTHER V. WILSON.

The plaintiff's in this case are timber merchants, and
bring this action of assumptit against the defendant
for materials furnished by them for the building
of certain houses upon his property, in the ncighbourhod of
Kennington. The defence was that the timber was sup.
plied upon the credit of the builder who contracted for the
work, and who had received the full amount of his con-
tract, but had become insolvent without paying the plain.
tiffs. The case was tried before in this Court, when we
reported the particulars at length. The present is a new
ial ; it has occupied all the morning, and was not con-
cluded when we %Tent to press.

CRIMINAL COURT.-(THIS DAY.)

OLD COUR7.

(Before Mr. Justice WILLIAMS and Mr. Justice COLTMAN.)
Mary Ann Hoskins, a widow, aged thirty-nine, was lc-
dieted for the wilful traveler of her illegitimate child at
Greenwich on the Ist of January last.
Mr. Ballantine appeared for the prisoner, and Mr.
Espinasse for the prosecution.
Same of the particulars of the case, which possessed
little interest, have already appeared. The following is
the evidence of one of the surgeons who examined the
body :—Mr. Cooper raid—l am a surgeon at Greenwich.
I assisted in examining the child. Before I arrived Mr.
Keble had examined its chest. lie drew my attention to
the neck of the child. On the back of the gullet there
was clotted Wood, and in the gullet itself. We
found the lungs also very much gorged with blood.
The appearances were such as might be expected to pro.
teed from suffocation. In my judgment, from the appear.
ante of the luags and the mark on the neck, some pr es-
sure mast have been made on that part, which led to
suffs,eation. I think there must have been a pressure on,
the neck over the windpipe. The marks 1 have de-
scribed might, it is possible, have been produced by vio-
lence inflicted immediately after death.
By a Juror—Death from pressure, such as I suppose,
would have been instantaneous. The pressure might have
been made by the. mother while in the act of being
delivered as well as at any otht r time. I im-
agine that the pressure which would have pro-
duced the marks.- would have led to instantaneous
death.. The mere exposure of the child might have
produced in it a state of exhaustion: I merely. give it as
my opinion that life would not remain after such violence
as I suppose bad taken place.
The Counsel for the defence then addressed the Jury,
and

Mr. Justice WILLIAMS having summed up,
The Jury, after a few moments' consultation, returned a
verdict of " Not Guilty."

MARLBORO UGH-ST RE ET.—(THIs

DAY.)

Gcorgc Harrison, n fashionably-dressed young man,
who has been for a long while well known to the police
as one of the swell nob, W 33 pl iced at the b.lr Le!ore
Long, the I.rec Magictrate, on a charge of Hony. I
Mr. Jame'.; Dubelieu, a gentleman residing, at IS. Bury
strect,'_ St. Jtmts'e, stated that Le Was last night at Mulan;s
Dukhan's Cone, rt, at she Itmover-square Concert-rooms,
and noticed that the prisoner was close behind him. In
a short time after this he missed his pocket-book, which
contained 91. 10s. in gold; and a foreign bill of exchange
for a large amount from his coat pockets. He directly
made inquiry of the persons around him if they had
seen hint drop anything, and was informed that
the prisoner had but a few seconds previously hastily
quitted the room. He was pursued and brought back by
the police, and] in the passage witness saw his pocket-book,
pith the contents in it, fall at the prisoner's feet.
Police constable No 36 of the A Division, stated that
on bringing the pr.soncr back he distinctly saw him drop
the pocket-bock.

The prisoner made no defence, and was fully committed
for trial.

CLOY D'S HIPPIN G.-(THIS DAY.

LONDON, FEB. 4.—lt blew a fresh gale this morning early.
—Wiad this day at noon, fresh breezes and moderate squalls,
at times to E. to N.E., and frosty weather.
SHEERNESS, FEB. 3.—The Prima, Butler, of Jersey, re-
ported to have been run down at sea by a steamer, is in this
harbour weatherbound ; she has received some damage in her
upper works. The Robert and Ann, Alo@re, bound to Shields,
has come in with loss of anchor and cable.

PoaTsmourn, FEB. 3. —Wind E., Strong breezes.—Ar..
rived the Factory, Jensen, from Batavia.
COWES, FEB, —The Armadillo Benedict, from Newcastle
to New York, which arrived here leaky, has come into the
harbour to discharge.

PLYMOUTH, lqn. 3. —Wind N.E.—Sailed her Majesty's
ship Endymion, for the East Indies.
FALMOUTH, FEB. 2.—Wit d N.E. to E N.E., strong gales.
—Sailed the Superb, Wilson, for Trinidad.
JERSEY, JAN. 30.—Sailed the Duke:of Gloucester, Solby,
for Rio Janeiro; Agenor:a, Le Gresley,
GUERNSEY, JAN. 30.—Sailed the Pilot, Billin, Hanover.
Muroftn, Fru 2.—Sailed the Matthew King, Smith, for
Barbadoes. The Eliza and Nancy, Gillard, arrived to-day
from Dublin, reports having seen, 31st ult., about two miles
north of the Bishops, a mast-head, about five feet above wa-
ter. Supposed to be the foremast of the Pomona of Jersey.
HULL, FEB. 2.—Wind N.E., fresh gales.—The Assume,
from St. Domingo to Hamburgh, and the Trinidad, Brown,
rom Honduras, fell foul of each other in the Roads yesterday,
an the Ebb, and both received trifling damage. It blew very
'lard this morning about two, and has since been squally.
DRO7.IIEDA, FEB. I.—The Jane, Clarke. from Troon to
Dublin, was totally wrecked in the Bay, this morning—crew
irowned.

DUNDALK, FEB. I.—The Ocean, Morgan, from Cardiff to
this port, was brought in here this morning, having struck on
the North Bull. Her stcrnpost and several butts are started.
Had discharged thirty tons of cargo to get off.
STRANICAER., FEB. 2.—The Betsy, from Liverpool to Glou-
cester, was run down off the Craig of 101sa, on the night of the
;Ist ult., by the Lune, Pearson, from Glasgow to Ulverstone,
the former sunk, crew saved. The latter has put in here to
repair.
SOUTHWOLD, FEB. 3.—A large part of the wrork of a
vessel, warently of about 250 tons, came on shore to the east-
ward yesterday. Tne wreck appears to be on one side and the
bottom sheathed with:a white metal and white moulding ; on
the top of the sheathing waterways, bulwarks, and stancheons
green, between decks red, two masts gone at the deck, painted
white, a piece of bowsprit and a piece of sail, marked " Josoph
Lamkton, sail maker, —on."
YARMOUTH, Fall. 3.—A barque of about 200 or 300 tons
was driven on shore at Coalhive, on the Ist instant; her threo
lower masts by the board, and her bowsprit, yards, and sails,
:n the water. it is reported her bottom is zinced.
KINSALE, JAN. 31.—Arrived the Se; ab, Trotman, from the
Cape of Good Hope. Sailed, Prince of Waterl6o, Edwards,
Savannah.

Influenza in a very severe form has made its ap-
( crane°, prtieniarly at the eastern parts of the rnetropo-
is. Many of the metropolitan and City police-force are
.uffering severely from this disorder,