The Sun.
London, England, 1841-03-20 00:00:00

LAW INTELLIGENCE.

ROLLS' COURT, MARCH 19.
JEW V W000..--JUDGMENT.
The MASTER of the ROLLS gave judgment in tl.i;
case, and said that as he considered it to be a proper
case for interpleader, he must refine t dis-
charge the order which had been made for tl-ie injunc-
tion. He had wished tc have stated at length
his view of the several CUSS which were cited in
the argument, but considering the sbortniass of the time
that remained before the Assizes, and that the de-
fendants might very tatur.l:y desire to have the
decision of the Lord Chancellor upon the point, he
had thought it more important to give his opinion at once
than to bike up further time in order to stale hii view.
upon al the cases that had been cited.
A similar order was made in the other cases.
arovaNg V. THE ORIENTAL AND PENINSULAR STEAM RAVI.

CATION COMPANY.
His LORDSHIP refused the motion in this case, but or.
tiered the costs t) be costwin the came.

SHERIFFS' COURT, MARcE 18.
SUEIL V. APPLETON.

This was an action brought to recover 101. 63., the
amount of a tailor's bill. The plaintiff was ttited to reside
at Great St. Helen's, ar.d the defendant wai described as
the son of theiroptietor of the Her,:ules Tavern in Lead-
_
cnliall-street.

Mrs. Appictlo, the mother of the dt f;ndant, wai
and proved that her son had no resources beyond cert Lin
pocket money allowed him by his father, and that he was
not of age when the principal part of the work was done.
They had a contra-account against Sheil, and if the ac-
counts were balanced, the sum of 7s. 31 only would be
due to him.

After hra-ing other evidence, the jury found a verdict
ror the defendant.

INSOLVENT DEBTORS' COURT, MARCH 18.
Tne Learned Chief Commissiorer was unab!e to resume
the sittings, and W. Ntcnonns, Esq., has been appointed
a Commissioner pro tem. by the Home Secretary.
A LUNATIC.
A somewhat important question in lunacy a-ose. The
insolvent Kidd had been art omnibus proprietor, at Ham-
mersmith, and had been declare] to be insane. He was
now coLfir ed in Whiteerosr-3trect prison, and a person
named Bail,y had petitioned the Court for his discharge.
Tc-,ley ct as appointed for tie hearing of the application.
It gas proposed, on the part of the creditors, to call wit-
nesses respecting books and property, which had been in
the possession of the prisoner.
The COUNT acquiesced, and ordered them to be called.
The eviierice if farce persons named Hockly, Clarke,
and Powell, gent to show that account-books had been
kept in the omnibus business, which realized 801. a week,
and a profit was made of 20/. There we e4l h :nes and
several oninitiuses. A person named James Clarke had
sold the property under an execution, and after the Cresco
had been paid he bad reeeivod 2001., and was now a loser
te, he said, some extert. Powell had lent the insolvent
some money, and he afterwards gave him six horsey far his
debt, which be accepted. Tl.e books were in the posses-
sion of a female, or the rephew of the insolvent, who bed
man-ged his business. They would be forthcoming;
and, in fact, had not been filed, because there was no sche-
dule, nor were books or.3ered, in lunatic cases, to b. filed.
The COURT adjourned the cese null! te-morrow for the
books, when the discharge, it is understood, will be granted.
LOAN SOCIETIES..—Two persons who had become sure-
ties to loan societies, Pere heart'. They stated tl-an they
had no means of paying the money for which they had be-
come answerable.

The Coui told them they had ceed dishonestly in
being swain when they could not pay the money. They
were not opposed, and were ordered to be diiehargel.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—iIAIDsroNx, MARCH 9.
CROWN SHO.

4E CA SE ae MA NSLA LICIVEII AT DOVER. —Jolin
5-•
ener, part. -20, mariner; Itir ct Le
tilatte the-eattr;--
slee,z,liter of Richard Hanaton Everard, surgeon to ihc
4th
flegiraelt of Foot, and James Airwin egged 121,
subiej7writ:gi::,:irerieaarssaii:ndtiFeetecdomfomr
lasitgoarntdheafbffetetri:cti. athe that-
named
to teltuect-td.
..a.sa arbinr(cisnsetrdiatl
8001,,it j-Zis
inst., conducted the prosecution, and Mr.
on le half of the prisorcre, who
structel to appear on be halif'e 'loaf
Mr. in Pl` * t '
was rYtherdprsoasiedeuhteiowe
having looked over the depositions he was of opinion that
taredvidence, would nct support
Pto the prisorerp. There
e the serieus charge im
pe
deuce of the mod cal gentlemen atpobaered from the eel-
very considerable
doubt as-to the actual cause of death, and it could not he
distinctly Shown whether it arose from a blow or o fall,
and ns that was the case be felt it his duty to withdraw
from the charge of manslaughter, although he apprehended
that the prisoners must be convicted of an assault.
Mr. ISCDKIN said that, on behalf of the prisoners, he
his cjeeiction, that he could not Ft ,
must declare
' .'on for assault, and with tee consent of the
against a contrea
once
Court, they would at plead Guilty to that charge
by charge.
thorn to confess
He, at the same time, was instructed
unfortunate occurrence which had
their deep regret for the
taken place.
'
Mr. Baron PARKE ioefil2ted that it would be better for
the ficts to be briefly gone into.
Lieutenznt Smith, of they h regiment, west hen called,
of
and from I is evidence it appeared, that in the month
December last, tie deceased was walking along with him,
when some occurrence took place which led to a dispute
and strun'e with the prisoner;, the dceersed ard some
others. and i.e observed one of the prisoners holding the
deceased, and, shortly afterwards, he saw him upon the
ground; when it was ascertained that he had received in-
juries, which shortly afterwards caused his death. He did
not ace either of the prisoners actually strike the deceased,
but they were bo,h active in the affray.
The surgeon who had been called in to sttend upon the
deceased was then examined, and 111 proved that his death
was occasi.med by injuries to the brain. These injuries
might have been the result of a fall on the stones e r from
a blow, but he could not take upon himself to state posi-
tively which was the most likely to have occasioned them.
Mr. ESPIN
ASSE said , he did not propose to call any
more witnesses. The charge of assault, at least, appeared
to he clearly made out.
Mr. BODKIN repeated his former statement relative to
the regret of the prisoners for the unfortunate
occurrence,
and he at the same tin),
admitted thathe could not defend
them from the charge of assault.
The Learned Jt.tcon havihe., briefly addressed the Jury,
they returned a verdict finding 11, pri ,-,
I.,tit, ~
an
assaul% soners ..tr or