The Sun.
London, England, 1847-02-19 00:00:00

THE MIDLAND GRIND JUNCTION RAILWAT...--/Yrtli p.

KEIGIILEY.
Mr. Cockburn was for the plaintiff, and Sir Fred* rick
Thesiger for the defendants,
is ,eer,
This was an action, brought by"the plaintiff, an eng
to recover 400/. from the deferment, Mr. Richard Ka ilef,
of Cleveland-row, St. James's, one of the managing am:
mittee of the above-mentioned. company. The company'
was
projected in the autumn of 1845, when similar projects .were
as " thick as flies on a summer's day," and was register°
the name of a Mr. Holmes, its promoter, on the 24t11 0
September. The object of the line was "to form' and
direct communication between the towns of Reading
Northampton." The committee of management apPid to
—e,
the plaintiff, through their secretary, M W
Dir. Kemp, on e I.ith
of October, tor the terms on which he would become thegineer of the line. His terms were accepted—ntertelis
a n
5004, 100/. to be paid down and the remainder on• the
plans being deposited at the Board of Trade by the mentors:
ble 30th of November, 1845, and an agreement to this Ifffeci.
was duly drawn up and executed on the 14th of October?
Mr. Holmes acting on behalf of the committee. A. 404311,.,
tr
were to be engaged by the plaintiff, and were to be pia
by
the company. Although the line was seventy-five miles 10
length it was surveyed and the plans duly deposited. 11.1,
" panic," however, cut off the project in the midst o f laws
triumphs, as owing to the non-payment of the deposit 1t
impossible to proceed to Parliament, and it fell to the gee ',ll'
The defendant was an active member of the committee.
The plaintiff's case, however, fell to the ground all o
consequence of the absence of Mr. Beales, the attestinX
ness to the agreement, who was called on his oulipcenso 30
the plaintiff was accordingly non-suited.

COMMON PLEA S.—(THIS DAY-)
(Sittings at Nisi Prins, before the LORD CHIEF Juana; and
a Special Jury.)
THE LORD MAYOR OF LONDON V. PARKINSON AND ANUIII4II.
THE PATENT FUEL.
This was an action brought by the Lord Mayor of the Ci.ti_
of London, on behalf of the Corporation, against t 11;
defer dants, manufacturers of the patent fuel' °of
Newcastle-upon-Tyne, for the infringement of the Act
Parliament in importing fuel into the port of London with?„
paying the usual duty imposed on coal. The real questlT:
raised by the action was, whether or no the patent fuel 0,7;
coal within the meaning of the statute, and therefore stab'
to the duty.
Mr. Sergeant Channel' and Mr. Willis appemed far the
plaintiff ; Mr. Martin and Mr. Hill for the defence. the
Mr. Sergeant CHANNELL opened the case, stating tga'7,ti,
action had been brought to protect the revenue of the tt
which had been infringed by the defendants is inipor,l',l
their patent fuel into the port without paying the usual 0;1i
The plaintiff maintained that the fuel was coal, import&
its present form in order to evade the Act of Parliament" an
the present action was brought to try the question.
ft ter
Evidence was then taken to prove the chemical cha•-c
of th e fuel. t 01
Prefessor Braude deposed to having analysed the 101-e d
fuel, and found that a 1,000 parts contained 927 parts coolie
73 parts coal-pitch or tar, to make the former cohere; ,
coal did not seem to have undergone any change Whatel''
but was in its natural state.
Messrs. Cooper and Jackson corroborated this evidelioc'ed:
The former stated that in several samples he had exaMillA
the coal was in the proportion of 900 to 940 to the 1,000 nrs
and while some portions were well mixed and compact, et"

were very friable. trect'
Mr. Child, a coal merchant, gave evidence to the e ,g
that he did not recognise practically any difference betty
the patent fuel and ordinary coal.

This was the case for the plaintiff. the
Mr. MARTIN addressed the jury briefly to the effect, thamit
would prove that the materials of the patent fuel vrere tPdeti
unmixed state almost useless, and that their value dePetbr
altogether on the manufacturing process they were "e-of
mitted to. The materials were made to undergo sec rt,
preparatory processes, and then introduced into a reteo
where they were heated to a red heat, well mixed togettho
by a revolving screw, and when the fusion was complete
matter was run out, and tormed into the brick-like pieces
which it. was found when sent into the market for sale. iit.
James Gordon said he was the manager of Messrs. par
son and Co.'s manufactory, at Newcastle. He suPea,rss
tended the practical operations of the patent fuel. It "04
made up of very small coal, the result of the sec(2,tic
screening. It could not be used for do 01,700
or steam purposes, and cost in that state s.`ieb,
three shillings a ten. It was then mixed with Plosi
and a little lime, which had been prepared for the union, ir
the whole was submitted to the action of high heat in Ilya
tort until all the materials were well mixed. It ir beo
run into moulds and allowed to cool. (The witness The
described the process in detail, and by the aid of plans.. 'ale
apparatus had cost nearly 40,0001. The fuel was an articrice
extensive demand. and sent all over the world. Its Pnide
was about 20s. in 'London, and a ton and a half of it °cc.,"
about Walla same oom as a ton of ordinary
Gravesend Di— tbey
Steam-boat Company, deposed that for the last year the
had used the patent fuel, and found it much superior Pali
ordinary Newcastle coal. It did not yield so log
smoke, or block up the flues. It also produced ebielt
quicker. He did not think the coal-dust, of I,(Ati•
the patent fuel was made would be of use in steenv
They could neither get heat nor steam from it. e filet
John Napier, engineer, stated that he had also used th
for steam-vessels, and found similar benefits to those stated
the previous witness.
This was the case for the defence. d
t
At the suggestion of his LORDSHIP, it was arrange
a verdict should be found for the plaintiff, subject t? .;‘,O
ita
turned into a special case for the consideration and decd
of the Court above.

A verdict, subject to this arrangement, was then

;iveri•

BANKRUPTCY.-(THIS DAY.)

IN RE BARLOW.
An application of rather a novel nature was made in thl°,
case. A marriage settlement was in existence, but the ba,olre
rupt had absconded, leaving his wife in great distress. of
assignees had got about 3001., and had taken the opin!on_.
Sir James Russell, who was of opinion that the assig°74
could legally apply the assets to the extent of one..thlot
towards the settlement, but if the Commissioner
approve, a short petition in bankruptcy should be presenw'ri,
The Learned ConsussioNErt (Holroyd) granted the app"
cation.

' SECONDARIES.—(THIS DAY.)
(Before Mr Secondary JAmits.)
GREENING AND OTHIRS NICRIGLIN.
The plaintiff's in this action are manufacturers of cutler be
Sheffield, and defendant is a cutler at Wolverhampton.
claim was for 141. 16s. 9d. for goods sold and delivered..,,t
The plea was, not indebted, but the defendant had, tules
judge's order, admitted that two parcels of goods had
delivered.
Mr. CHARNOCK, for the defendant, admitted that the eitt
had been received, but the second lot had been reftle'Sjo
consequence of a dispute as to the discount, and the Piesl
remained at the railway office for some months. Theesrel
defence was that the credit had not expired. It OP dot
that when the second lot of goods were refused deferld not
offered a cheque for the amount, although the credit ha t if
expired, but it was refused, and it was then agreed th11:00
defendant took the second lot of goods, credit should be tog
for the whole until Christmas, 1846, the original credit
up to July. 103
The SECONDARY suggested that the plaintiff should stl'ort
to a nonsuit. It certainly was a question for the y,
whether they believed the evidence for the defend, nt".,rb
'they did, as a point of law he considered the plaint'
not entitled to bring his action. ' the
Mr. SHIELD, the plaintiff's attorney, contended w•coet
plea " never indebted" was not sufficient to meet the tot
for at all events the first accour t had become due, and

there was no consideration for the second contract. , ell
The SECONDARY held that there was a considerati° ope
the discount, if not on any ocher grounds; the giving um oil
claim and substituting another debarred the legal cliii.„o/8
the first account. He would, however, give leave to 'Per
the Court above on that point, and if the plaintiff 14164, b 0
titled, to a verdict for 131. Ss. 6d., the amount agreeel•
the value of goods.
Mr. Shield elected to be nonsuited.

WORSHIP-STREET.—(THIS
,
Henry Vateser, a sbopman, in the employment of $ m.- es
ti
and Co., linen-drapers, N'. 76 and 77, High's Gies
Shoreditch, was charged with robbing the firm of two 0--
shawls and two pieces of ribbon. ifl
Mr. Frederick Parkes stated that the prisoner had be
their employment since the Ist of the present month °;"0-i
Witness received certain information which gave him C., be
reason to suspect the prisoner's honesty, and yesterds; Die
(Mr. Parkes) distinctly saw him put something in° bat
qpeket. He soon left the shop and went up stairst,*
quickly returned. after
Witness subsequently went into tbtrot
soner's bed-room, and in the great-coat pockets of the ol.fiJ
he discovered the two shawls, the property of the fires, 56
now produced. He left them there, and proceeded 10 di;
station- house' and gave information of the robbery ; 001
was arranged that a constable should at once proceed tc' the
watch the premises. As was expected, the prisoner, St
closing of business, about eleven o'clock, went out at
private door, bat was at once taken into custody by the r
liceman, who found the shawls in question upon his pereoll'y
Police-constable Ames, 198 11, deposed to his 11,011
ing taken the prisoner into custody, and finding' ...,111-11$
him the shawls alluded to. Upon further searching no''',,oo
the station-house, two pieces of ribbon were also found °co.
him in his trousers pocket. The prisoner addressed thehor
secutor, who had followed them to the station, thus :-- be
God's sake, Sir, forgive me this time,
guilty of the like again."
sai
The prisoner, on being asked if he had anything to be
his defence, replied " Nothing ;" and he was about te°oted
fully committed to Newgate for trial, when it was engitben
that if ho were remanded far a few days it was rucra, es
and I trill never
probable that other things would be brought against '',issioeS
it was believed that lie had been carrying on his 11'"
practices to a considerable extent. fr as
The suggestion was acceded to, and the prisons
remanded.

BIRTHS'. St' Jobe S-
the I ith inst., at Claremont-place, Grove-road,
wood, Mrs. Edwin Fagg, of a son. r SO"
On the 15th inst., at Albury, the wife of Martin F. VW'
of a son. 311's.11,
On the 16th inst., at Maitland-place, Clapton, Mrs.
- J J.
of a daughter. o
.h. mo, fA'
On the 16th inst., at Norfolk. crescent, Hyde-park, - sr'
Alexander Julius, Esq., of a daughter. datig bt
On the 16th inst., in Spital.square, Mrs. W. J.l._! r„.

MARRIED. d Cl°l6
On the 13th inst., at st. Mary's, Cheltenham, Mr. Le°lrcuarl°
of Grafton-street, Fitzroy-square, to Ellen, daughter 0
Hale, Esq., of Promenade house, Cheltenham

DIED. f
On the 16th Inst., at Bush D, Herts, In the 71st Year 'l,tda"l
after an illnesi of very long
then]duratio, Mr. John Joseph
~,je, aa"
late of Pall-mall, eldest son of ate Mr. John Stocw
nephew of the late Mr. James Ridgway, both of PlecadillY• t.loyea
On the 17th inst., at York-place, Kennington, Esther, the
wife of Mr. Tyler, of Queenhithe. in the 41st year of her a°• env
On the 9th ult., at Craven-place, Kentish-town, Catherh'"
daughter of the late 11. Arnott, Esq. ZOO
On the 24th ult., at Brussels, E. L. Ireland, Egi.
On the 15th hist , at Wellington, Somerset, Albert LOU"'
surgeon, aged 36. Lleatenalatli
On the 15th inst., in Cambridge-terrace, Hyde-part, weep:ou.,
Colonel James Amos Kelly, late of the Madras EuroPea_ ...."`" viola"
Oa the 16th inst., :a Bishops Storiferd, 'kte""
Witby, Eaq., aged 7i). John
On the 16th lust , at Paddock Hurst, Worth, Sualel,
Esq., aged 78. tta Blanc"
lieflrie
On the 16th inst., at the Tower of London,
Marla, the wife of F. J. Sills, Esq. d Er+
On the IPth ill Charter Hmse, William Walior
9.
-, •• • •,• . , "1-DO YOUNlAteb'e Freciset
radc., I!, ,ui• ftle,, No. 112. r.trauct, re
of the Savoy. in the County of MiddleBoX, •
bruary 19, 1847.