The Sun.
London, England, 1847-05-27 00:00:00

TAE St.l4,
_LONDON, TIITIRSDA

LAW IN TELLIGENCE. to eheck the figures ; in this case the figures had been
ROLLS' COURT, May 26. first put in 24 ten but altered to twenty, at which sum it
The Cuort wag ocenpieil all the day with the argu- I was filled up in writing.
me tits in A ;art-lizard cause, which did not possess a A juror said that he thought with the witness that
,a,ticle general interest. I the writing had been altered—that the figures had was
evident.
Mr. MILLER said he could not see the case in that
light ; the alteration GI the 10 to 20 might be accounted
fur, but in the writing it was impossible to alter " ten"
to " twenty" without such visible difference as to lead to
detecti6n ; where suspicion was raised by other cir-
cumstances, if fraud had been contemplated a chemical
process would have discharged the ink, and if for the
" words" why not for the " figures ?" then, as the sig-
nature was admitted, an end would have been put to the
claim. The fact was, the witness loved his glass, and
did make mistakes occasionally, and had made a mis-
calculation.
The witness said he had never been charged with
such neglect by his master, and there was no foundation
for it except in the brief of the Learned Counsel.
Evidence was adduced to make out the defence, but
failed, but showed that the " book-keeping" was not
very accurate on the side of the defendant, and that
such mistakes were likely to happen.
The jury found for the plaintiff.

E-CIIA.SUELLORS' COURT, May 26.
• (13,..•,5e iee-ChancellOr Sir J. Wiceast.)
TLNNANT v. TENNANT.
ilia iloNol3ll tieltwereci judi,ment in this case, which
was as follow,:—The testator devised the rents of his
whole estate in Swansea to his wife for life, with a resi-
duary b. quest to certain trustees, in order to accumulate
a fund for certain purposes, and the point at issue was,
whether the rents of the whole estate passed to the wife?
As the whole question turned upon the exact weeds of
the will, it is to cessary to set them forth ; they were as
fol'ow... The testator having first bequeathed the whole
of the rents of his estate to his wife for life, then pro-
ceeds to bequeath various sums to his relatives and
friends upon her death, and concludes with these
words.—" And as to the residue of my real and personal
estate. not otherwise disposed of by this my wilt, I give
the same to my said trustees, upon trust that they, and
the survtvers of them, and the heirs, executors. and
admitus•ritors of such survi%or, do and shall place out
the axle at interest in some of the Parliamentary stocks
0 Great Britain, or in or upon real securities
to Eogiand, Sex tland, or Wales, at interest, and do tied
sail in the mean time, nail the said residue shall
become pavable,-vary, alter, and transfer the same for
other stocks. funds, ere; securities, so as to mute the
same to lictanelaie in the nature of compound interest "
His H:fliikr decided that the wife was entitled to hold
rentso of the whole estate for her life, and that they
passed by the will.

SHERIFFS' COURT' (Surrey), May 25.
Before Mr. Under-Sheriff ABBOTT and a Sp.cial Jury.)

CRIM. CON -.-CANTLEY v. COOPER.

This mo, rung a special jury were empannelled at the
H ,rns Tavern, Kennington, to assess the damages in this
case, which was an action by which it was sought to recov,r
compensation in damages tor injury sustained by the al-
leged criminal conversation between the defendant and
the wife of the plaintiff.
The damages were laid at 10,0001., and there were a
large number of witnesses in attendance.
Sir F. MERGER, with Mr. Peacock, appeared for
the plaintiff; and Mr. Edwin James for the defen-
dant. The plaintiff and the defendant are both majors
in the army, and have, it was stated, seen much service
in India.

,COURT OF QUEEN'S BENCH, May 26.
(Sittings in Banco, bet Ore Lord Chief Justice DENMAN.)
RUSSELL V.•
Taos, Q.C. applied tor a rule to set aside the
verdict in this case, which had been given for the plain-
titf, with a permit), of 40s , for an infringement of
the copy. -right of a song called the " Ship on Fire." The
;,earned C.)ufuel stated at some length, that the case
had b, en tried at Guddhall, and a verdict for the plain-
tiff given. He now moved to set aside that verdict, on
the ground that it had been given under an erro-
neous construction of the Act 3d and 4th William
IV. It was provided by that Act, that an in-
fringement of a musical copyright should be con-
stituted by its being sung at auy opera or play of drama-
tic entertainment. It had in en given in evidence that
the song had been sung at a place called Crosby-hall, a
place of public resort, and that place had been considered
by the jury to be one of dramatic entertainment. lie
now contended that this hull neither came under the de-
scription of opera nor place of dramatic entertainment,
and that the song was not of that description which was
protected by the Copyright Act as an opera or musical
composition, as stated in the Act, as it was not set to
any psriiculaz musical air.
The Loan CHIEF JUSTICE—Then you are compell. d
to argue the die important branch of musical composi-
sition, the Oratorio, is not protected by the Copyright
Act. The Court will consider of the apiiiication.

---
Sir F. THEUGER said that the present proceedings
had been taken for the recovery of damages by wily of
compensation ; if, indeed, any compensation could be
given for such a woeful injury, ter an act of criminal
conversation which had been committed by the defen-
dant with the wife of the plaintiff, his client. But he
might at once state that as the object of the plaintiff
by these proceedings was, as the wife had dishonoured
her husband by the commission of a breach of the
marri.ge fidelity, simply to take the necessary steps
for the procurement of a divorce, he trusted his Learned
Friend who appeared on behalf of Major Cooper, the
the defendant, would not offer any opposition to the
course which he had already suggested—the more so
AS the fact of the adultery had been admitted on the
record—namely, that the damages should be taken for
1,0001.
Mr. EDWIN JANES, on behalf of the defendant, said
that in all these cases there were connexions of both
parties to whom an exposure of the circumstances of such
a transaction could not fail to cause unnecessary pain.
With a view, therefore, of avoiding that exposure and of
inflicting that unnecessary pain, and also of not offering
shy impediment to the severance of an union which must
in future be attended with nothing else but misery and
remorse to the parties, he had advised his client to con-
sent to a verdict for the amount which had been named
by his Learned Friend Sir F. Thesiger. Most certainly
upon the record there was an admission of the guilt of
the defendant, .his client. There might, nevertheless,
exist some circumstances which were calculated very
considerably ,to palliate and to mitigate that guilt, but
inasmuch as that pain could not but be inflicted upon
many innoc,:eit parties if the details of this unhappy case
were gone into, he hoped he was advising his client to
adopt a coarse which was not in any way inconsistent
with his honour as a soldier, or with his character as a
gentleman, nor contrary to the feelings which ought to
actuate him as a man.

BAIL COURT, May- 26.
(Sitiinf,s in Banco, betor.l Mr. Justice WlGlrrnaN.)
TAE UNIVERSITY of OXFORD v. TARLETON.
Mr. t.owLEy moved, on behalf of the defendant, for
a rule nisi, to amend a feigned issue, put forward by the
plaintiffs, in regard to all that it contained relating to
the village of Towcester. question in these pro-
c.-edings arose out of the Tithe Commutation Act. It;
the vicarage was a parish called Handleigh, and the
Univer.dry College of Oxford were landowners in that
patiab, the tithes of which were in the course of cow-
muyawn. It was contended that the tithes to be
paid trom flan neigh were only on corn, grain,
/nay, lambs' wool, end wood, all other produce
being exempt. The difference of opinion which arose
with re,pect to the produce upon which tithe was to be
paid cati,ed the matter to be referred to the Tithe Coni•
reis,,ioner, who decided that the land was exempt from
the payment of all tithe, except upon corn, grain, hay,
lambs' wool, and wood, and that these tithes were pay-
able to the vicar only. Upon this decision an action 113.1
been brought, and a feigned is:Are set forth, which he
sought icave to amend. The question at issue was not
svhether the tithe was to be paid to ' the vicar
atone, but whether the laud .itself was fscla
jet to tithe at all. Taal - was" the only
iinezfiloti which could be r;.i,reil, as iho feigned issue'svi,h
leg ird ao the payment to 06' ieettir only, left the re7ll
caAe just as it was. Leave:had been given in a case
called I:Awards and Banbury. tnird tol. Queen's Bench
Reporv, p. 885. • He had before cited that case, 'and
Mr. Justice Coleridge • had ordered all further proceed-
ingi in She present case to he stayed until the fourh day
in this term. He now moved for this leave, in order that
the case might be brought before the full t.furt. •
Application granted. •
REGINA. V. THE JUWFICF.S OFZIUDDLESEX.

'2l verdict was then taken by consent, or rather, the
(Imager Were by consent assessed at 1,0001.

SURREY SESSIONS.

(Befire THOMAS PUCKLE, Esq., and a Bench of
Magistrates.)
Henry Wilson, a young fellow well known to the
police, was convicted of pecking pockets at Epsom, on the
Derby day, and sentenced to ten years' transportation.
Jane Green, aged 30, was indicted for feloniously
stealing at Kingston-on-Thames, two pieces of silk, the
pr: perty of Messrs. Shrubeoles, linen-draper, of that plane.
It appeared from the evidence, that on the evening of
the 21st inst. the prisoner entered the shop, and re-
qUested to look at some silk. Several pieces were shown
her, but she made no purchase, but left the shop. She
had not proceeded far before the two pieces of silk were
missed from the counter. One of the prosecutors im-
mediately pursued the prisoner, and while he was asking
her about the property, she dropped it on the pavement
from under her dress. The two pieces of silk were here
produced, and identified by. the prosecutor.
In her defence the prisoner said that she did not
steal the silk, nor did she know how it came on the
pavement.

The rue in tbks:etse, wwle abg,,itito, yes.
terdu,), yrltz, ajiheation of the ebirrt, vecatted, in
orde git alb Ltit+ etue might be brought on and argued be-
tore the lull C•l:urt. •

CLARxis. :•• • •
sir. %.f.• fbr fir an attach-
-113,14 against an ~.sttAoney, and Wright, his
i‘,r disObedienee to.an order of Mr. Justice Ed,
to .leer,-r np cerain papers, r hich order had been mad,
a !life of
,cl.!uril Tra rule had been served personally
up_n \Veils and'his clerk, and they had refused to do-
live r up tbapapers. •
app ared :rola the. affidavits that much difficulty wa..
apprehended in the seiviee of the attachment, as it ban
been found next to impossible to serve him with the role
of court. The person who had served him had caUed
si,verAl times, an.l had only served him by meeting him
in th.., street, sni pureeing him when he ran away. lie
paid the costs ordered by the Master, but refused to obey
the rui..—lide uf.i granted.
Tue court afterwards sat at nisi pries, bat no case 4.
any importance occurred.

The jury immediately returned a verdict of Guilty,
.nti the Chairman sentenced the prisoner to six months'
Imprisonment.

POLICE INTELLIGENCE.
GUILDHALL.
A young man, dressed in a sort of sea-ening attire,
who g ye the name of captain John Bowers Spence, of
the 89th Regiment, was brought before Mr. Alderman
Moon. charged with stealing four cigars, the property of
Morris Lee.
Lewis Levy, in the service of Mr. Lee, a tobacconist.
in Holborn. stated that the prisoner came into the ship
about eight o'clock that morning, and asked fur smie
cigars. Pointing-to a particular lot, he asked if they
were pretty good. Witness told him they were, and hr
ordered 21 worth. He also selected some snuff and
,ottac and catching up a few cigars in his hand, was
leaving with the vague direction to send the goods on,
and he would pay the man the money. Witness re
minded him that he had given no a•ldress yet, and as he
had not paid for anything, he could not allow him to
take any portion i.e> the cigars. He was only a servant,
aed it would he irregular to do business in that way.
The prisoner replied he would give hi; address, " Capt.
Spence. 89th, Dover; if not there, elsewhere." Witness
asked where he was stopping in town. He described
the Saracen's Head, Straw-hill, but appeared not to
know the name. Witness offered to accotnpassy him
there with the goods, but whin they came to the inn
the prisoner refused to enter, but told him to go there
ant wait for about art hour, and he Weill' come to him.
Witness of course did not assent to that, and continued
walking with the prisoner till he met a policeman, when
gave hits into cuNtGdy. The tour cigars witness saw
'►im take, and three other, were found in his possession.
The landlord of the Saracen's Head Hotel attended.
and stated that he knew nothing of the prisoner.
The ALDERMAN inquired it any thing was found on
him; to show that he had given a correct description of
himself ? The officer said he had neither money nor
papers. ~
Mr. Alderman Moow asked the prisoner if he had any
frien is said he had, at Clifton.
The Ataisniatale asked him where he slept the night
stet ?—tie rk plied at Chelosnham.
The officer. 'stated that the prisoner had paid Mr.
Latnplougti, the chemist, on nolbora-bridge, a visit the
same morning, and ordered a quantity of Eau tie Col gne
ztrol lavender water.
The prisoner expressed some surprise that he could
not, go into a shop and order goods, without being ail
down for a thief.
Mr. Alderman Moot asked him if he had any expla-
nation to offer as to ord,rinx these cigars to be sent to a
plsol whore he was not known, and milking it a pretext
to take four cigars ? The prisoner replied, " Upon my
iOlll I don't think they are worth talking aaaut," and he
stepped out of the dock as it he thought he might so
finish the matter, but
' The ALDERMAN remanded him till Saturday, to as-
asrlain the state of his mind, and if he had any friends.
M.ARLBOROUGH-STREE
Divid Gribrahc, a private soldier, belonging to the 2d
battalion of the Coldstream Guards, was placed at the
bar charged with assaulting Mr. John Williams, No. 4,
Westbourne-street, Hyde Park.
The complainant stated that on the previous evening,
about six o'clock, he was proceeding through Hanover-
square, when his attentiun was called to the prisoner,
who appeared to be quarrelling,with a female. After
watching them a short time he saw him strike the
woman a violent blow in the face: Complainant remon-
strated will the defendant upon hit cowardly conduct,
when, without the least reply, he (defendant) turned
round, struck him on the head, land kinked his 'legs.
Complainant then called fur a police-constable and gave
him in charge.
Mr. William Taylor, 285, It-gent-street, corroborated
the evidence of complainant.
The defendant, in answer to the charge, admitted
striking the female, and said she was his wife, and he
was only correcting her, when the geetleman came up
4riti interfered with him. He deuie.l assateting the
complainant.
Mr. BINGIILM said he was surprised that a man like
the defendant should so commit himself, and as he had
no doubt that he would be punished elsewhere, he (Mr.
Bingham) should only inflict' the moderate fine of 205.,
r seven days' imprisonment in the House of Correction.
CLERKEN WELL.
John Jack
J7su,d4m, a carnation the employ of Mr. Spencer,
car
Ges sell-street, was charged with robbing
his employer sad the New Gas and Cuke Company,
under the following circumstances:—
It appeared that Mr. Spencer bed contracted with the
Company for the p, rfornuancerof their carting work, in
which the prisoner was s
works for the employed,purpose and yesterday
the latter Wen; to the Company
of taking out twenty four sacks of coke. In about two
hours afterwards Mr. Spencer saw his waggon and horses
stealing in Goldendune wiihout any person attending
to them, when hi, suspicion was excited, and he--counted
only twerity•thrce sacks. Orders had been sent for the
femoral of twenty-four by the company. .The prie-iier
soon afterwards came Out of a court, when inquiries were
"'Tie, and as it .was found that he had sold a b..g of
coke",ithre, he was given into custody.
e prisoner w As fully committ...d.
Jojlinoh(n;ilbGeornifcc:ll; Lennie
GWlna'n'
WES MINSTER.
James Coffer, and
with Navin
powerfuliiwneerfFl Irish labourers, were charged
g,, in
asveral othera not in
custody, committed the 'fifl'inow" ith
desperate and murder-
ous assaults; and Ellen Gornt'anng
and Cuth Gorman
steam-boats,
were also charged with asseuiting the police, .
andb:tts-, tempting to rescue the male prison,,rs.
Matthew Minter, a labourer employed on t
whose face was dreadfully disfigured, and ,vuna
much injured otherwise as to he scarcely able :eatsinro
the witne-b°
evening' stud--I went to the Flask, in Ehure.
square, lasti
and sat down in the taproom to,.
about minutes. On: heaving I wished of the
prisoners
night, sooner but had no
One SO than
five
goon.one
shutff) ,
prisoner Gorman jumped over the table and

GOURD OF COM ROA PLEAS, May 26.
:,;(11,. tore the LORD Calif Jurrws in Banco.)
MARFIALT U. LEIFCHILD.

Mr. JONES (with whom was Ur. Peacock) appeared to
oppoai• a detaurrer to the judgment in this casco. The
paint ff it ci ifj.tiit an estatt, o: the defetlant, with an
undertakirg teat :an aharaci of ink sitouid be turnishrd,
but that tot- ,nquiry Should not go further heck than a
certain deed b 1843. After paying tie price
the plaintiff disc,. vere i that the title was bid. An
action was iirough ant a verdict entered tsgain.t:
tom ; hut he sough( reparation on the growl of
they., been a breach of the conditions of sale.
It was argued by Mr. Peivock that there had ben an
aft-rata deliver, d accordirg to the terms of the con.
(talons, a-+d that it tOere ita4i been a breach at all o
had tioi been properly alleged in the dvciara'i"n, ,an''
that iNerefore the plaintiff was not entitled to any 'et.
In -Upp,,n "
of his view of the casi, he cited Smart it.
, waere a horse Lai been sold with a warranty.
and this the planoiff alleged had invalidated the bar-
gAia. But on the tind it api;eared that 11,) notice
of ttasouniliiias had been given, as was, by law required,
before twelve o'clock o the day after that on which th.•
sale was t frecied. 'frie• allegation, therefore, was road-.
tnisisaill,•, as the plea am iuit;ed to non assurupsit,
the rule ought. to ne re!i.ed. Its answer to that i wa.
held, that toe co:-:.tit.: ns of .sale hari created a coliatei at
co.:tree', WA the case oE"ra,rk,r v Palmer" was cited to
show that suen was the fact. In that case the plaintiff
had agreed to set a qi:antity of i;ee, which, aecordini' to
the rules el t: e East India Company, muat he sold by
sample. The rice alt-n produced, was unequal to tit,
stopple, and tl,e ckfc.nlant en the trial pleaded 1.1.11
assume Sit.
The Lam) CHIEF JUSTICE inquired whether that ap
peared oo toe face r.•' the c .11trac, for he renit-,nbcrkd n
cas reported by Catupbdi, in which en action had le-en
b:',ught on a contract ter which there was a subsidiarJ,
agrp.iut-H. But rent suilst‘h:iry agroewent had not
ripped. .1 oo the ',el,: I); the deelarsvon, and the ilaintiti
w s :;i .
M' •to i!irst t ,t! 'applicant in this case had
rto ;nat. t.., vv,:iich the defendant ha':
;• ;.: ‘,..1 to iii). at,: if the abstract was to be
.t o di it w.aild (.:;tttitute a-question of law on.
tne J (Les alone would have to decide. If the
d iv, d had not deiivered t!,e cL2ed of conveyance from.
tiosanquet to Mr. Marfleet, which carried the estate
in 1843, he would base faded in that to fulfil his en-
but he bad•doee so, and had therefore pet•
i..rated ad that eas required of him, and no rule nisi
ought ta he granted.

Thk: LORD -CHIEF BARON bald that he was of opinion
the.: iltere must bo judgment fur the plaintiff, as
the pl• a was a bad plea. The condition allegtd iu
tars contract stated that .ho def.ndant had the power to
a pod freehold title. The plea denied this, ant,
stated that the il&entiant had only promised to give 1,,
e?rtain though not the aosiract of good title,
bur if this d.•eial was to be effective at all it must be in
prop-r and diner, terin=, and not circuitous and • argu-
mentative. The plea Waii therefore bad, tor no cases-
,had be n cited, or couli. b-• cited, against this generai
Tuts- id the Cuurts, and there oughF, coasequentiy, to be
judgrnvit fur the plainiiff.
1 he .0, er Learned JudWs coinciding in this opinion.
the ire;thet was ordered W he registered sceordingly.

COURT 01. RE If iV, May 26.
Vice Chaue(iltir Knight Bruce at ibz
muming a, Chi( F Judge in Bankruptcy, but nothing of
tqt.erets, Wu. tp•lore the Court.

&3COIVIiittUES' COURT, May 26.
(39fore Air. Sc.i.ondary POTTER.)
L,:.,c,gE V. CAUFER.--CURIouS CASE OF ALLEGED FAL,- sulcATlota oV VOUCHERS.
T, :e t;),sintiti" in this action i=, a brielitila':or and met-
chz,n*, and defends.nt a huilder, 8,,,e., w, Ne„,,,,„,
Deol'orti. The action was brought to reeov,lr the sun,
ot 111 54., the balaace of an account for goods sold uni,
deliver. d.
I,a,d L 12. ik,to Cou:t a, • pie t,d
The defender.
reniamier.
di dc h`6 ns t'i /''voi,,eitor fin- the plainiiff.eilled Thomp
Air. swigrove, li 1 .
r IT W- 0 ituted the ace, unt el
~, ~,e ii Atat, , ,
ionr, a ciek a I t' 11. :<,.,t, Ullll liut lht, kitaft„ee
' -tr..' tr.( ,ce ,
tweel) ihe !):al
,' r the d-fend-
wus due. appear,,(.l,,(.1 a, counsel t, .
Mr. 411rux.e. ""
~,t,xawied it:e wluebs as
alit,
Prilliic'd 4 *'
k
3.1. i
."".", hook Ufa stun of 20/. as
to ,in lary-tH 6''r dete"4-1."-. ~ swore that he only
free* e:' Tle witness clie:,incify
retl'iv u k ,n. on the day in question •
figures and hand.
that although his
Rigil-ttUre appwared on the book, --- the , .:11 his hand.
writing of the amount in full were n
wriwriting.He generally signed the books.m .
The figures
, L...., been
had been attend from 10 Lc 20; the writing eau
alter, d. -

Mr. Mzutata. for the defen&mt, concluded the altera-
tion of tin to twenty had been occasioned by the wit-
ness pressing. for a lege suns on account. This he (the
Le' .trued would prove iu.evijeuce. There was
": ritten part, and he begged to call
the ~t%-„mloo of the jury to the fact that sums of money
were written a; lull lens* in cheques and on bilis