The Sun.
London, England, 1847-03-25 00:00:00

EVANS V. SCOTT.

The arguments in this part-heard appeal were resumed and
concluded to-day, and
Their Loupsuirs reserved their judgment.
THE EDINBURGH AND GLASGOW RAILWAY COMPANY v.

LINLITHGOW.
The arguments in this Scotch appeal occupied their Lord.
ships the remainder of the morning.

VICE-CHANCERY.-(THIS DAY.)
His Honour the VICE- CHANCELLOR of ENGLAND took
motions to-day, none of which possessed any points of interest
except to the parties concerned.
His Honour rose at an early hour, to attend the inaugura-
tion of Prince Albert as Chancellor of the University of
Cambridge, at Buckingham Palace.
(Before Sir J. Wm RAM. )
COSTOBADIE V. COSTOBADIE.
This was a suit to enforce the execution of the trusts of
a will, and to obtain certain accounts of the rents and profits
of an estate of 11,0001. a year. The plaintiff was the
daughter and the defendant the widow of the testator. The
cause turned upon the construction of the will with respect
to one tf the trusts which was worded as follows :—" That
my wife shall receive and take all the rents and profits of
my real and personal estate, for the use and benefit of her-
self and my children."
Mr. Romilly was heard for the plaintiff to-day, and Mr.
Rolt for the defendant.

SHERIFFS' COURT.-(THIS DAY.)
(Before Mr. Under-Sheriff BURCHELL)
POTTER V. JOHNSON.
This was an action to recover the sum of 91. 10s., the
balance of an account for musical instruments sold to the
defendant, who pleaded that he was never indebted.
On the part of the plaintiff, however, a Mr. Lillywhite was
called, and proved that defendant requested him to select two
trombones, two clarionets and flutes, and afterwards saw
them at defendant's house.
The UNDER-SHERIFF stopped an examination as to whether
defendant had used the instruments, considering the order
and delivery sufficient to meet the plea.
The value of the articles was 231. or 241.
The jury gave a verdict for the amount claimed.
SMITH V. WHALEY.
JOURNEYMEN'S WAGES.—This was an action to recover the
sum of 2/. 55., the balance of an account for work and labour
done.
Mr. PETERSDORFF, who appeared for the plaintiff, said the
plaintiff was a journeyman cabinet-maker, and the defendant
kept a shop in the neighbourhood of Goswell-street. He (the
Learned Council) could not conceive what defence there could
be as the defendant had actually offered to pay part of the
amount if time was given for him to pay the rest. From some
cause or other, however, he did not pay any thing, and
it therefore became necessary to bring this ac-
tion. There might be some little difficulty in
making out the claim, as the plaintiff charged
by time 6d. per hour, and part of that was overtime, and
even on Sundays, so much was defendant in want of the
work. There was also a plea of set-off on the record, one
item of which was, "Board and lodging of two canary
birds."—(Laughter.) He thought that such a ridiculous
set-off would not be admitted after a direct admission from
defendant.
Witnesses were called, but could only prove that the plain-
tiff was in the employ of the defendant.
Mr. Ashley, a cattle dealer, was called, and gave evidence
that he was at the " Protective Tavern," and in August last
he was present when a conversation took place between
plaintiff and defendant, and the latter said he would pay a
sovereign on the Monday, and the remaining 255. on the
next Saturday, or Saturday afterwards. Defendant was em-
barrassed at the time, and never denied the debt, and fre,
quently did not pay the men in full.
Mr. Cuoucn submitted that there was no evidence to go
to the jury as to the time the plaintiff had been employed or
the sum to be paid. He said that if each master was held
responsible on such evidence as this, no master would be safe
unless he took receipts on every occasion, for the plaintiff's
particulars claimed 101. 15s. 9d.
Mr. PETERSDORFF said it was for 11/. 7s. 3d.
Mr. CROUCH said there was no evidence of time or value ;
a part of the claim was 1 Is. 6d. for money lent, but of which
not a word of evidence had been given.
The UNDER. SHERIFF held there was sufficient evidence to
go to the jury.
Mr. Cr:arca then said that he should call evidence to show
that there was an agreement that the plaintiff should be paid
4s. 6d. a day, and that defendant had been summoned to the
Court of Requests, but the case had been dismissed for want
of evidence.
John Watts, a tin-plate maker, was called, and deposed
that he was present when plaintiff applied to defendant for
work, and defendant said he would give him 4s. 6d. a day,
and plaintiff replied, then the society must know nothing
about it.
The witness said, that he had understood that this
action was brought by the Cabinet-makers' Society. He had
heard plaintiff borrow money of defendant. He made up de-
fendant's book from plaintiff's book, but a book produced
was not plaintiff's. According to plaintiff's book every
farthing due had been paid.
Denham, the defendant's apprentice, deposed that the
book now produced as the plaintiff's time-book was not the
real one. Plaintiff never complained that money was due to
him. Witness kept the men's time. Plaintiff was to be
paid 4s. 6d. a day.
Mr. Citoucie wished to put a question, whether the Com-
missioner did not throw the book at plaintifrs head, and say
that be perjured himself.
Mr. PETERSDORFF objected.
Mr. Caoucif said it was a matter of fact.
The UNDER-SHERIFF said it was a very irregular question.
Mr. Ceoucat asked whether the Commissioner did not
give defendant a protection against further process in the
Court ?
The UNDER-SHERIFF held that this was also an irregular
question.
Mr. PETETISDORFF replied.
The jury gave a verdict for the plaintiff for 21. ss.

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MIDDLESEX SESSIONS.
(THIS DAY.)
John Crouch was indicted for stealing three sovereigns
and seven shillings, the property of Richard Bray.
The prosecutor, who was a fish salesman, residing in Bed-
fordshire, and the prisoner slept in the same room in a public-
house in St. John-street on the night of the 18th instant,
when the prisoner took the money out of the pockets of the
prosecutor's clothes, which lay beside his bed.
A verdict of Guilty was returned, and the prisoner was
sentenced to six months' imprisonment, with hard labour.
In the case of Jemima Stodart, a child under thirteen years
of age, who was remanded from the last sessions on the
charge of stealing some trifling articles,
The Learned ASSISTANT-JUDGE said he should order the
child's father to enter into his own recognizances for her ap-
pearance at any time when the prosecutor should decide
upon following up the charge. It was too often the case
that parents sought to cast upon the State the discharge of
those duties which they were bound to perform themselves
towards their offspring. On Tuesday last there were no less
than four cases of parents ridding themselves of the respon-
sibility, by prosecuting their children, and in one instance in
the last session it seemed as if the money had been thrown
purposely in the way of the child by its parents, in order
that they might get rid of his support.
Major Beniowski appeared in court this morning, in ac-
cordance with the terms of his bail, and ;said he protested
against the postponement of the hearing of the charge pre-
ferred against him of assaulting Mr. Urquhart at the late
Polish meeting at the Freemasons' Tavern. He had three
newspapers, all of which stated that the Learned Judge re-
fused to give a definite answer to the applicai ion for a post-
ponement of the trial in his (the defendant's) absence, but
the tertra of the recognizances into which he entered only
re9uired his presence in the court on this day.
the ASSISTANT JUDGE said the intervention of the Fast-
day threw the business which would have been transacted
in trying felonies over to this day, so as to compel the bail
cases to stand adjourned till to-morrow.
After a few further observations it was decided by the
Court that the case should stand over to the Bth of April,
being the day appointed for hearing the bail cases at the
next sessions.

SURREY SESSIONS.—(THIS DAY.;
(Before J. W. FRESHFIELD,Esq.,and a Bench of Magistrates.)
William Tucker, an innkeeper of Walton-on-Thames, who
was found guilty on Monday of stealing some fowls and a
bushel of peas, the property of the Earl of Ellesmere, which
appeared in The Sun of that day, was again indicted for
receiving fourteen fowls the property of John Johnson, of
Walton-on-Thames, well knowing them to be stolen.
Mr. Locke conducted the prosecution, and Mr. Charnock
defended the prisoner.
It appeared that on the night of the 3d of February last
an outhouse on the prosecutor's premises was broken open,
and the fourteen fowls stolen therefrom. On the following
day the prisoner was seen in Guildford, with the fowls in his
possession, quite dead. In answer to the constable who de-
tected hint, he said that he purchased the fowls of a man on
the road, but that he could not find him.
Ilollington, inspector of the Guildford police, said, that
while the prisoner was in his custody on a previous
charge, he heard him tell a man to go to his house
at Walton, and tell his wife to put the fowls out of the way.
Hide, another constable said, that he went to the
prisoner's brother's house, on the 4th of February, and
there found a basket containing fourteen fowls, which were
indentitied by the prosecutor as his property.
Frederick Egan, another constable, said that about
seven o'clock on Wednesday evening, the 3d of Fe-
bruary, he was in a coffee-house at Chertsey, where
he saw the prisoner. He was boasting that he could
skin a sheep better than anyman—especially if the sheep was
stolen. He also defied witness or any constable to take him
into custody should he commit a felony. The prisoner left
the house about a quarter of an hour afterwards, and pro-
ceeded towards the prosecutor's premises.
The witness underwent a cross-examination by Mr. CHAR.
Nocx, in which he said that he had not given evidence on any
former occasion against the prisoner, but that he was called
upon by the prosecutor. He was not paid, like the Mint
witnesses, 7s. a day. He had only 3s. a day, which he con-
sidered not sufficient. He should have no objection, how-
ever, to receive 7s. a day.—(Laughter.)
Mr. CHARNOCK, in his address to the jury, commented in
severe terms on the evidence of Hallington, the " eaves-
dropping constable ;" who he considered unworthy their be-
lief. He read a report from the Times in which Mr. Justice
Coleridge, at Cambridge, refused to receive the evidence of a
constable whooverheardwsboireeicnonhviesrscautsitoundy. The Learnedsaidtohave
Judge been
alicly prisoner condemned such evidence. He therefore
utteredudge publicly
called on the Jury to be cautious how they receive the sole
unsupported evidence of such a man. Several witnesses hav-
ing been called to the prisoner's character, the Chairman
summed up, condemning the conduct of the Learned Counsel
for the prisoner, in producing a newspaper report for the pur-
pose of prejudicing the minds of the jury. He really con-
sidered there was too much liberty taken by some of the
Learned Counselin that Court, which was not allowed in eny
other, and which took up unnecessarily the time of the pub-
lic. So much stress should not be laid upon the evidence of
the police, who, he believed, in the present case, had given
their evidence in a fair and straight forward manner. They
had heard the whole of the evidence, and it would be for
thorn to say whether the prisoner was guilty or not.
The jury consulted for a few minutes, and returned a ver-
dict of Guilty.
Egan, the constable, was called by the chairman, and said
that he had long suspected the prisoner of being concerned
in various robberies committed in Walton and the neighbour-
hood. The license of his house had been suspended in con-
sequence of his bad character.
The CITAIR3LiN sentenced him to six months' imprison-
ment for the former indictment, at the expiration of which
a further term of six months' imprisonment, for having pos-
session of the fowls belonging to Mr. Johnson.
The prisoner wished to address the Bench, but Mr. Char-
pock, his counsel, advised him not to do so, as the Court had
acted very leniently with him on both indictments.

EXTAAORDINARY MODEST?.—The amiable Master
of Trinity has been lately heard to say," Let Who-will be
next Bishop, I shall be satisfiocl."-

WORSHIP-STREET.-(THIS DAY.)
THE FAST DAY.—The attention of the Court was We;
pied nearly the whole of this forenoon in disposing el
drunk,n charges and rows consequent thereupon; which were
unquestionably far greater in number than are usuallf
brought to this court, even at those periods of the Yeit
•
when our greatest festivals are held.

IMPERIAL PARLIAMEN
(THIS DAY.)

HOUSE OF COMMONS.

The EPEAKER took the Chair at Twelve o'clock. •
The following reports were agreed to:—The Chelten.
ham Waterworks, the Darwen Waterworks and Reser.
voirs, and the Shipley Gas Bills.
SECOND READINGS.
The following Bills were read a second time
marnock and Ayr Direct Railway, and the Norco
British Railway (No. 2).
NAVIGATION LAWS.
An HON. MEMBER presented a petition-from
against the repeal of the navigation-laws.
EDUCATIONAL GRANT.
Dr. BOWRING presented a petition fiom Bo
against the proposed educational grant.
• THE RAJA OF SATTARA.
Mr. SMITH O'BRIEN presented a petition
several inhabitants of Dublin, ll
praying for an inqu'
into the circumstances which had led to the dethrone'
ment of the Raja of Sattara.
IMPEACHMENT OF LORD JOHN RUSSErak..
The HON. MEMBER also presented a petition frog
Rev. Mr. Maberley, complaining of the conduct of 07,
Government in relation to the destitution in Ireland,,W
calling for the impeachment of Lord John Russell.,

POOR. LAW RATING.
Mr. J. O'CONNELL presented petitions fron36
number of places in Ireland, against the mode of raw
proposed in the Poor Relief Bill of Ireland; and also
against the clauses for increasing the ex•officio guardial*
THE REPEAL OF THE CORN-LAWS.
Mr. HAWES presented a petition from a friend ofliL
whose name did not transpire, complaining of the hods
in which his interests had been affected by the enact
ment of the acre-law of 1842, and praying for re.
dress

EDUCATIONAL GRANT.
Mr. FORSTER presented a petition against the PO.
posed grant for education.
SCOTTISH REGISTRATION ACT.
Mr. LOCKHART presented a petition from the Se,,,Sa
sion clerks of Scotland against this measure,
they stated would, if passed, injure their interests 10 "
most serious manner.
The HON. MEMBER also presented several petitions on*
the same subject frAn different parts of Scotland.
SCHEME FOR GENERAL EDUCATION.,
Mr. S. O'BRIEN presented a petition from lienrin*
against the education plans of the Government.
SMALL DISTILLERS OF LONDON.
On the motion of Lord G. BENTINCK, it was or.,
dered that the petition of the small distillers of London
should be printed and circulated with the votes.
SCHOOMASTERS OF SCOTLAND.
On the motion of Mr. FOX MAULE, a return of an
the parochial schoolmasters in Scotland, who held any
other office, together with the return and emoluments
thereof; was ordered.
POSTPONEMENT OF MOTIONS.
Sir GEORGE GREY, on behalf of his Noble Friend
at the head of the Treasury, requested that all the!a
Members who had notices of motion on the paper Ivnutni
postpone them, Eo as to enable the House to go ill"(
Committee on the Irish Poor-law, and he would hinleiji.;,;'
give the example by postponing his own motion .;
Monday next.
did also`'`''
Mr. SHAW then withdrew his motion, as
Dr. Bowring and several other Members.
SPANISH BONDHOLDERS.
„fd
Dr. BOWRING said that as the Noble Lord
Bentinck) had withdrawn his motion for inquiring
the relations of the bondholders with the Spanish piled:
vernment, he wished to ask him what course he int°
to pursue. At'
Lord GEORGE BENTINCK said that he hatj,Pos
a 04,,,"
the
his motion out of courtesy to his Noble Yrwter
the Secretary for Foreign Affairs, but that after no,
he should move an address to the Queen, praying,ifest
decisive measures might be taken for obtaining re"—
for the creditors of the Spanish Government..
CHINA

The following Members were appointed a Select Cit;
mittee to investigate the state of our commercial relitt—fp
with China :—Mr. Francis Baring, Mr. Beckett, Dr. Iff.
ring, Mr. Brown, Mr. Cardwell, Lord CourtenaY, gr.
Ewart, Mr. Harcourt, Mr. Matheson, Mr. Moffatt' Sit
Sheil, Mr John Abel Smith, Mr. Spooner, and
George Staunton.

GENERAL FAST. f the
On the motion of Sir G. GREY the thanks 0; 6t,
House were given to Dr. Dealtry for his sermon e 4130
Margaret's Church yesterday, on the subject 0,
General Fast.
PUBLIC WORKS (IRELAND). into
Mr. J. O'CONNELL, before the House went ifoi
Committee, begged to draw its attention to the drag of
evils that would result from putting the labourers id,
the public works in Ireland, the doing of which weilioe
he believed, be only consigning them to iron3e':
misery and a speedy death. In order to :shrwaoilownetthtfearsteedbae'
tent of the evil that was likely to ensue the HoT '-"t' or
officialsst, luet;m eant. rienTa dhlesreenvl
aeonrnad.l
islite:ttintienbrgse r
theirf
trhoem n
racepl eiaprdrgd_e_leceec
Toe n. andns 000-I:_rs
from the Freeman's Journal, givinr,
od
distress in Cavan, Longford, Kildare, Waterford,rt
other parts of Ireland, stating that parsons holding 00.,e'
two, three, and four acres of- land, were reduced 10 P-
great destitution as those who had no land whatel
These poor people had to this moment borne tl.!en
sufferings with the greatest patience and resiguat'%i
and he thought this should give them a st,
stronger claim on the Government to preserve thew
from starvation. lie implored the Government to inter
fery even now, and exert themselves to avert the entire
annihilation of the people of Ireland.
Mr. S. O'BRIEN concurred with the Honour-01!
Member for .Kilkenny, that the mode by which
the disbanding of the labourers from the puhl!e,
orks was proposed to be carried into effect would
produce the greatest mischief. He thought the
mm i
commencedt t ee s ,
should reliefn
haveCohe other
the transfer from the one mode of relief to t
tto be
their
labours u
Inodnegr
since,the n eswo that
suffering to the people. He hoped the appeal or.;
could be brought about more effectively, and with. IV
Hun. Member for Kilkenny- would have the effect of
inducing the Government to come forward now, at a.°
eleventh hour, and do something to avert the wholesale
destruction of the ople.
Mr. LABOUCHERE said, that the greatest 0141
was necessary in removing the labourers from the worole,
and though twenty per cent. of the labourers were,ro.
dered to be struck off on the 20th inst., a great discilig
tion was left to the Irish Government to apply icb
order as it might think advisable. The accounts whore
they had of late from Ireland were much °low
cheering.—(Hear, hear.) Provisions were flowing thst
the country in great abundance. Thus proving Iv.
the Government, in leaving the providing of then Dell
visions to private enterprise, were correct in that ose
and in the anticipations they had formed of its anetiog
In the port of Limerick alone he had accounts eitiloce
that 23,000 tons of bread-stuffs had been importen to
September last, and there were 150 vessels at prese"
the Shannon laden with provisions. 10'
Mr. SHAW thought it unsafe to remove 000
bourers from the works by any strict rule—at AN this
till the relief committees were appointed, as hi' the
means the transfer from the one mode of relief in
other would be less felt. eiSe
Sir GEORGE GREY said if the Hon. GeD",ietlio
would refer to the papers which had been furnisbard oot
morning he would find that the relief works WO;
be discontinued until the relief committees were 113 of
operation ; he would also find that an inerefiscotr
250,000 men had recently taken place in last
flexion with some of the works. From the that
report of the Board of Works it appeare"
the farmers had experienced some difficulty in obtel, iepa
persons to work at field labour. What his Hon• •;I.,,the
had stated was not that a simultaneous reduction noca
persons employed on the public works would talcs Poe
in every locality, but a gradual reduction. The lag
when such reduction should take place, and the ss-ple
being left to the Board of Works. There wes,. sidlell
employment now in field labour for those who Jas
the public works. the
Lord G. BENTINCK said he could not all%-ecre
last observation of the Right Hon. Baronet theboot
tary of State for the Home Department to pass vvrtpee
some notice. That Right Hon. Baronet bad jo:e.,re on
the House that, although cultivation might beg 07,1 in
in some parts of Ireland, yet it had been discontinilt hadother parts from causes over which the Governraee ress'
no influence ; but when the House recollected the Pose
ing letter of the Earl of Besborough, in Jannall„,lll
to Lord John Russell, urging him to cause a the
of seed to be sent to Ireland, and stating h tt
there were many parts of Ireland in whi;hon/
was not possible for the farmer to obtain seed ivicose
the assistance of the Government. When the
also recollected that Captain Wynn sent a letter 'ci'oo
same effect, and then that the Government came 001
to that House in the first fortnight of the session,
announced that it was their intention to advance s,°;ceth
for seed ; and further, that it was not till the 04;ison
hour—till they had given the whole Irish people I.-
the
to believe that they would receive assistance from last
Government ; and further still, that at the be
moment the Government had disappointed therni'ot
was perfectly justified in saying that the Goverf/cor
had exercised a most pernicious influence over the 000
vation of the soil. Wh, when there were 10 Lere
farmers in Ireland who, thinking the Government "old
prepared to make the advances they had proposed, had
when they re collected that the Lord-Lieutenaoo,3e
pressed the Government not to furnish green ewers
but corn seeds, and that the farmers or
led to believe that they would be bed
plied with corn seed, and when they 04
induced the farmers to purchase green che
out of their own funds, the Chancellor of the Pr..ish
uer now came down fo the House and told the Pod
people, in this place, that the 50,000/. was to be tol titbef
not for corn seed, but for the green crop, whtem 0,30
would not require till the summer, and whie'3ere'
only be useful for turnips, parsnips, and grass. Tether
fore, he (Lord G. Bentinck) wanted to know vit..ent
under these circumstances, her Majesty's GoTeruorse
were not most blameable with respect to the cen,ji
they had taken with regard to the 54,:00
of seed. Then he could not allow evtbe •
of the observations of the Right Hon. Gentleman go
Secretary for Ireland to pass without observation. For
had glorified himself and the Government to-day
having supplied various places in Ireland with Pt"
lions.

D.zrz spzuczzio.l

EAST

A quartet
of this corn]
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GRE
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stand the
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reproach to
profess a sip
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For some
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the high of
I have thou
jesty will
by your Sri

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find therein
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and prosper
obtain Iron

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Athens,

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Your Maje:
desire whit
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also partali
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shiP, to el
Sublime P
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that effect
Choice of t
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I pray (
holy prote
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