The Sun.
London, England, 1824-08-24 00:00:00

ant, " I can't be everywhere, your b—d ; why not have
the lights up ?" After the accident, precautions were taken to
prevent farther mischief, by putting up a rail at the spot, and
stationing a watchman with a light to warn the unwary pas-
senger. These were the principal circumstances proved in sup-
-1 port of the plaintiff's case on behalf of whom considerable
damages were claimed at the hands of the Jury.
Samuel Hughes, Daniel Sullivan, Jn. Garvey, John Mahony,
Jn. Mounsey, servants employed under the defendant, and Joseph
Shergold, and Henry Ruttier, patroles employed by the trustees
of the New Surrey-road, were then called; and they severally
proved, that on the night in question, the excavation where the
accident happened had been railed in on all sides, so as to pre-
vent accidents, and that at the side where the plaintiff fell into
the sever, a mound of earth, four feet high at least, had been
thrown up, at the top of which was a long scaffolding pole, fas-
tened at one end to a cross-bar at the east end of the excava-
tion, and the other stuck into the earth so as to prevent acci-
dents. It was sworn by several of these witnesses that Mr.
Wilson was drunk; that before the accident happened, the gig
was going at a furious rate; that the plaintiff' and his compa-
nion were loudly called to, before they approached the sewer,
but instead of stopping, the, horse was flogged, and that the
accident happened in consequence of the horse being driven over
the bank, which prevented the gig from being also dragged
into the hole. The witness Hughes denied that he reproached
Sullivan for not having lights up. In the opinion of all the
witnesses, the accident happened from the negligent driving of
the plaintiff, and that it could not have occurred if he was
driving with ordinary care.
Mr. Baron GRAHAM summed up the evidence for the Jury,
and left them to determine to what cause the accident was attri-
butable.

The Jury found their verdict for the plaintiff—Damages 121

NEWCASTLE-UPON-TYNE, Auo. 21.
CRIMINAL SIDE.

We cannot give a stronger proof of the unimportant nature of
the criminal cases for this county than by stating that Mr. Ba-
ron llta.Locx dispatched the whole of them in the course of
three hours this morning.
John Cleugh, a little boy not more than 11 years old, was con.
victed of having feloniously stolen and carried away a silver
' watch of the value of 205., a brass watch-chain of the value of
nd., and a watch-key of the value of Id., the property of
William Heron. It appeared that this young delinquent
had entered the dwelling•house of the prosecutor by the win-
dow, and had in that manner made himself master of the pro-
perty mentioned in the indictment. He confessed to the officer
who took him into custody, that after he had taken possession
of the watch, he was seized with a qualm of conscience, which
had impelled him to return to the prosecutor's house on the
next evening, and to put the watch under his door. It was
afterwards found there by some member of the prosecutor's
family. The young varlet was sentenced to twelve months
imprisonment, and to be well whipped during the first and last
weeks of that time.

CIVIL SIDE.-'-7131fore Mr. Justice BAYLEY.
DALGLEIBII v. LESTE.—Mr. JONES stated that this was
an action brought by the plaintiff', an auctioneer, at Shields, for
the recovery of the sum of 111. lOs. fid. The defendant was a
seaman, but his wife kept a furniture broker's shop at Shields,
in the ordinary traffic of which she purchased from the plain-
tiff articles to the above amount. It appeared that on the 19th
of June last year, the plaintiff presided at a sale of articles,
partly his own property, and partly that of two men named
Lyall and Adamson, at which sale the defendant's wife at-
' tended, and became a purchaser as already described. It up.
peered, however, that the lady, though ready to purchase, was
loth to pay, and when called upon to do so, roundly refused,i
alleging that she was well advised, inasmuch as she not only
had the opinion of, but was actually indemnified by Mr. Law-
yer Lowrie, who had himself a claim upon the said goods and
chattels, and who, being a man wise and learned in the law,
could not, of course, err upon so plain a point as the present ;
she therefore refused either to restore the property, or to pay
for it. In consequence of this refusal an action had been
brought in the County Court, but it was removed by certiorari
into the Court of King's Bench, and now came under the con-
sideration of an upright and respectable Jury, who, he trusted,
would teach Mr. Lawyer Lowrie, under whose guidance and
direction he supposed this poor woman to have acted, that it'
he had any claim upon the property, he had not token the pro-
per course, either to substantiate it or to get it satisfied.
Several witnesses were called, who proved the sale and deli-
very of the goods, a part of which was taken front ',yell's
house late at night. A difficulty arose about proving the mar-
riage of Mrs, leste with the defendant, but it was at length
proved by no less a personage than Mr. Lowrie himself. 'Phis
witness also stated the nature of his claim against Mr. Lyall,
an execution against whom he had issued on the morning of
the sale. Ile had also put into the hands of
She-
riff's officer, a warrant of sale of the goods of the said Lyall.-....
He A
e had after this heard of the removal of the goods, and the
intended sale at the plaintiff's auction-room. Appleby, a She-
Mr. SCARLETT addressed the Jury on behalf of the defend.
ant, and contended that the plaintiff, or rather the nominal
plaintiff in this action (for Lyall was the real one), had no right
to recover, inasmuch as the officer had only acted under the
power of the Act of Parliament, in following Lyuil's goods,
which were attempted to be withdrawn front an execution re-
gularly issued against them by Mr. Lowrie. The Learned
Gentleman called several witnesses, amongst whom was the
' sheriff 's officer, who deposed to having heard the present plaintiff
express his regret at having allowed Lyall to remove Its goods
to his sale-rooms. The plaintiff also told the officer that the
goods had been removed by Lyall in order to avoid Mr. Lowric'e
execution, and observed, how hard it was that Mr. Lowrie
should lose his money by such a contrivance.
A person named Lindsay deposed to the proceedings in the
County Court, in the case of Lowrie and Lyall, and to the
issuing of the execution on the lJth of June. The damages
were assessed at 23/.--Costs, !H. Is. Bd.
Other witnesses deposed to having traced Lyall's goods, a
part to Dalgleish's, and a part to the defendant's in both of
which places they were seized- by proper authority.—:t witness
named Leslie deposed to a conversation with the plaintiff si-
milar to that described by the Sheriff's officer, in which he ex-
pressed his regret at having allowed himself to meddle with
furniture.--A witness was called to prove a tender of
4s. (hl. to plaintiff, in payment for two or three trifling articles
purchased by defendant at the sale, and alleged not to have
been Lyall's property ; but site had no recollection of the
facts.

PRICE OF CANDLES, ',nom TaL,Low CHAVIMEtt'S ffaI•10
Price of Candles, per dozen, 8,6 d Moulds, 10i "'
6d per dozen allowed for ready mono

PRICE OF HAW FAT, per Stone of slb.—Aug. gl'a
Price of Tallow (us stated by the Tallow Me1ter!).1.22.j...

COUNTRY MARKET.
Gu!Lomat) MARKET, Aug. 41.
41 °I
Wheat per I. 141 Os to 181 ios Barley, II 14$ to
4140
Old Wheat —1 Os to —1 —s Beans, per qr.ll 1 iic to "9100
Oats, per qr ... 11 41 to II lis l'eme, per qr. II 181 to
_I
LO,
Old ditto 01 Os to 01 Os Rye, er qrl7----•
P -

Mr. D. E. Josas replied in an ingenious and forcible speech,
in which he pointed out the extreme inalirobability of the story-
set
up on the part of the defendant. Was it, he asked, at all
likely that a gentleman like the plaintiff; a respectable auc-
tioneer would for a moment, and that too without any earthly
motive, himself to the fraud alleged to have heen attempted
by Mr. L.? It was monstrous to entertain for a moment any such
impression. If they believe the Sheriff's officer, they must at
once stamp the plaintiff; not only as a rogue, hut also one of
the greatest fools that ever lived, for what else but the grossest
folly could induce such a gratuitous confession as that alleged
to have been made by him to that officer. The Learned Oen-
tleman went on to argue upon the improbability of the evidence
for the defence, and in conclusion called upon the Jury to re-
probate by their verdict the attempt made to deprive the plain-
tiff; not only of his property but of his character also. He had
a right to expect, and he trusted lie should receive at their
hands a verdict to the full extent of his client's demand.
Mr. Justice BAYLEY, in summing up the evidence, observ-
ed, that the plaintiff' was certainly entitled to s verdict for
4s. sd. ; but whether, under all the circumstances of the case,
he was entitled to more, was matter entirely for the considers.
Lion of the Jury. His Lordship then went over the evidence,
and in conclusion observed, that if they thought the sale an
bonest one, then they must give a verdict for the plaintiff to
the whole amount of his claim ; but if they should be of 'Opi.
nion that the whole was only a tnanceuvre to defeat Mr.
Lowrie's action, then the plaintifl'would only be entitled to a
verdict of 4s. 6d.
The Jar y immediately returned a verdict for the plaintiff:—
Damages, Four Shillings and Five-pence.

COAL MARKET, Aug. 43.
sod
Ships tit Market. Ship, sold. price,
B 4 Newcastle
6d a
27 Sunderland 43
Oda 3-sB9

GAS.--en:fau:nad
PATENT RIGHT--SINGEING BY f frit
and Francis Boot, of this town, were indicted before the uri;rsi
Jury for false answers in Chancery, to bills filed against Ipoil
by air. SAMUEL HALL, of Basterd, for infringesi
his patents for improving lace,• and true bills being "Jude
against them both, for wilful and corrupt
perjury, the ow
Issued a Bench Warrant against them, and theY were Toil
headed and brought to the Police Office, where they Pc
A •zes.."
for their appearance to take their trial at the next s.asi
(Nottingham Journal.)
Wig
lIILLAND.--MuttnErt OP' THE 511E15.----it flat' el,
he in the recollection of our Readers that in the re"t ea
November 1821, the house of a person named Shea Ass s who
fire, and a large family consumed by a band of wrctche i tie
surrounded the fire and prevented their eicape. 'no° ~no
murderers, William and D . ' g WTI -j,,,v
quesuPi
alkpitertetl,ttielvinedieledovis,de anennacdneu,wwndwheasirchwecawnasretatrth°pullerlirrylitrfialar art' Were
i $
able length, and fully substantiated the charge 1 rit 2.
were found guilty, and sentenced to be executed
tcol redncebayledth,e te;tetifeenitv,iiii°2llloitnitierri
on 1
'1
,
last. At the same Assizes Wtn. Daniel, Pelficic moos,
and Wm. Aryan were tried for the murder of three
prig
named Kinnealy, in July, at Knockgrattan. The Pri
were acquitted from defective evidence.
_............20

INCILEASE.--The following epitaph was
lately discovered amongst some papers in the possession of a
Nobleman of this County Here lyeth . the body of Michael
Honeywood, D.D., who was grandchild, and one of the 367
persons that Mary the wife of Robert Honey wood, Esq., did see
before she died lawfully descended from her,—that is, 10 of
her own body, 114 grand-children, 228 of the third generation,
and 9 of the fourth."—( Droonport Weekly Journal.
There is now at Kirkbeaton a remarkable in.
stance of excessive sleep. A poor paralytic, 20 years of ago,
for the last twelve months, has not commonly been awake more
than 3 hours in the 24. At one period he slept for live:peck',
he took not a particle of either food or drink, nothing c uld rouse
him, even for a moment ; yet his sleep appeared to be cairn and
natural. The lad is now exceeding hearty, his spirits are good,
and so inquiries hp answers he is happy and " bravely." The
Case has been particularly examined by Mr. Thackrah, sur..
geon, of this town, and he !Inds the lad to labour under disease
of the brain and spinal marrow.—( Leeds Mercury.)
A singular circumstance occurred at Great
Marlow races : an elderly lady, who had 'been
lame for above ten years past, was so alarmed at
a horse, which she
,expected to run over her, that
her life was for some days despaired of; she,
however, recovered from her alarm, and what
renders 'the occurrence remarkable is, she has
pkiblisheti for the PROTRIETOROI7IIing':-161:3(4
been perfectly free from lameness ever since. Pruned
OFFICE, "No. 112; Strand, 'by J. B. CAOTAisS.•

,0 Corbett' of