The Sun.
London, England, 1847-05-10 00:00:00

TREVOR V. TREVOR.

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814
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Their Lordships were occupied the whole morning with
the arguments iu this appeal from the decision of the Vice-
Chancellor of England, in which the only question for the
consideration of their Lordships was, whether an executory
trust in a settlement ought or not to have contained a limi-
tation to the daughters of the settler in tail male. The case
possesses no interest except to the parties concerned.

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114,
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36 IA

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius, before Lord Chief Justice DENMAN. )

SHORTHOUSE AND ANOTHER V. BEAUMONT.

This was an action to recover the sum of 881., for goods
sold and delivered by the plaintiff to defendant.
Mr. Thomas appeared for the plaintiffs, and Mr. James for
the defendant.

The plaintiffs are smiths and axletree-makers, and the de-
fendant is a coachmaker. The action was brought for a
number of axletrees supplied by the plaintiffs for the use of
the defendant. The defendant pleaded that the goods were
not supplied for him, but were sent to him to get them sold
by commission for the plaintiffs.
The son of the defendant was called.—He stated that in
1839, he went out to Sydney as commission agent for the
plaintiffs and several other persons, and in April, 1841, be re
ceived a consignment of goods for sale to the value of 75/.,
and on the 13th of June, in the same year, he received
another parcel to the value of 131. 7s. 6d. Withthese goods he received invoices written and signed
by Mr. Shorthouse. After he received the goods
he wrote back to state that the goods marked on
the invoices were of inferior quality and much too high. in
price, and requesting to be informed what he should do with
them. He subsequently sold the goods, but, in consequence
of the very bad state of trade in the colony, the parties to
whom he sold them became insolvent, and he received no
return. Finding that his business in Sydney did not answer,
he returned and saw the plaintiff in his father's house. The
plaintiff asked him what lie had done with the goods, and
he said that he had received them, but had lost the returns
in consequence of the insolvency of the parties to whom he
sold them. The plaintiff said, that in that case there was no
more to be said about it, and he then took an order for goods
from witness's father to the amount of 17/. That sum has
been paid into court. Witness made no charge for com-
mission, as there were no returns, and the plaintiff himself
had, at the interview of which he had spoken, distinctly ab-
solved himself and his father from all liability.
By Mr. TIIONIAS—The line with fresh ink -at the bottom
of the invoice, and stating that the goods were to be con-
signed to witness at Sydney for the purposes of sale, is in the
handwriting of Mr. Shorthouse, and the invoice was sent
out to him at Sydney with that writing upon it.
Mr. TRoaras addressed the jury, and contended that these
goods were supplied by the plaintiffs to the defendants fur
their own use, and not to be sold. The line in the invoice
to the effect that the goods were to be sent out and sold we
in fresh ink, and not discoloured by time like the rest . lt
had also the appearance of being written on old and dirty
paper.
The Learned JUDGE having summed u
The jury returned a verdict for the defendant.

)
EXCHEQUER.-(THIS
DAY.
(Sittings at Nisi Prius, before the LORD CIVET BARON, and
Middlesex Common Juries.)
JACOBS V. AIDE.
This was an action on a bill of exchange made by the de-
fendant, and endorsed to Levy and others, and eventually
to the plaintiff.
The
affirmation of issue lay with the defendant, whose
counsel, when the pleadings had been read, proposed to put in
a final order of Mr. Commissioner Fonblanque in favour of
the defendant. The plea said that this was a final order of
protection and distribution, both which statements were
denied in the plaintiff's replication. It was now contended
that this order was made under the sth a 6th Vic., c. 116,
and also under the 7th and Bth Vict., c. 96, s. 22. The
former of these statutes enacted that a final order in bank-
ruptcy was a bar to an action for a debt previously incurred;
and the second did not repeal that provision.
On the part of the plaintiff it was submitted thattheorder
of the Learned Commissioner of Bankruptcy gave protection
to the person only.
The- LORD CHIEF BARON said he was clearly of opinion
that this order was not one of protection and distribution,
for the express words of the statute had been struck out by
the Commissioner. The verdict must therefore be for the
plaintiff.
The jury, under his Lordship's directions, returned a ver-
dict for the plaintiff, with damages as in the declaration.
-------__

COMMON PLEA S.---(THIS DAY.)
(Sittings at Nisi Prius, before Mr. Justice COLTMAN and a
Common Jury.)
Several actions on bills of exchange 'were tried, but the
details are perfectly uninteresting.

CRIMINAL COURT._ THIS DAY.)
OLD COURT.
The seventh session of the present mayoralty commenced
this morning ; the Lord Mayor, the Recorder, and the 1,4-
lowing Aldermen were present ,viz., Sir Chapman Marshall
and Messrs. Musgrove and Hughes. The Sheriffs and the
Under-Sheriffs also attended. The calendar contained the
names of 236 prisoners.
The grand jury having been sworn,
The RECO4DEI. proceeded to.deliver his usual charge. Ho

said, from the summary statement that had been laid before
him it appeared that the calendar contained 236 prisoners in
an‘l riTyl
...• ;;
: he uuu,t that there were as many as 84 eas,s of
,iinple larceny, 24 of larceny- on the person, 34 cases of lar-
ceny committed by servants, 9 of larceny from dwelling-
houses, and 2 cases of larceny attended with violence;
making a total of 153 cases out of 236. In point of
number and importance this was a great increase. There
were also forty-two cases of cutting and wounding, four cases
of manslaughter, five dreadful cases containing charges of un-
natural crimes. There were also charges of various attempts
to commit the felony of suicide, and there was one case
charging a man and wife with taking poison. In this case
a question might arise as to how tar the one might have
been influenced by the other in the commission of this offence.
They would perceive from what he had stated that the pre-
sent calendar contained many charges of a very serious kind.
With regard to his observations on the subject of larceny', be
felt bound to point out the fact that so many of the cases
consisted of charges of larceny ; he had done so with the
view of drawing their attention to What grand juries have
often, at the close of the session, insisted upon—namely, the
expediency of erecting some tribunal for the summary con-
viction of juvenile offenders, who were those the most likely,
to commit the offence of larceny. He found, on lookingover
the calendar, that there were few instances of any persons
committed for that offence under the age of 14 years. They
were not aware, probably, that cases of that kind were morhe
apt to come on at Middlesex than in that Court, to wLic
the graver cffences were generally sent for trial, and to that
circumstance it was to be attributed that there was a decreaSe
in the number of cases of this nature at that Cau.r!'_
He was induced to mention this matter, because Vl!s
subject, to which grand juries were frequently sa
verting, had escaped the attention of the Legislature,
and there could be no doubt that a law suited to this ar:
would be enacted. The cases contained in the calendar
were extremely serious ; but many of them did not apPe:3
to be matters of any legal difficulty. The only quesortion
upon which they would have to determine was whether question
the evidence was of a nature that would warrant then-1..1'1h
sending the cases to which they related for trial. they-i.l'
these observations he would dismiss them to their duties.
The grand jury then retired.

v
BOW-STREET.-(THIS A
before
Giovanni Cavagnatti, an Italian boy, was brought
Mr. Hall upon a charge of beggin.
He had been found begging in the street by
a police:olg
the F division, who immediately took him in charge.
was lame of one lehag. the Pri •
An interpreterving been sent for and obtained, bi,
soner was informed of the nature of the charge gat said
and called upon to give some account of himself ht, to
that he was a native of—Parma, and bad been broughomo
this country by two brothers named John and Tue had
(Giovanni and Thomaso), who lived in Saffron bill. Se was
agreed to remain with them for eighteen months. and
turned out by them in the morning, and desired t° turn to
" pick up what he could." He would' be glad to ret
his own country, but his "masters" would not let him' the
Mr. HALL desired the officer to o with the prisoner to.
Italian. 130 s in
office of the " Society for the Progtectio n of
place,
London," and request them to pass him to his native
or at least take him out of the hands of his roasters', tuellY
The interpreter observed, that these boys were ve`J c 0°
treated by their masters, and he knew several instances.'
e
h so
would go with the prisoner to explain the case t--
ciety's office.

MARLBRO'-STREET—(THIS
"MOT')
-,_...e1f
at
Patrick Quin, a sturdy young fellow, was placed the
bar, charged with picking the pocket of Colonel J""r
Harris, of the Oriental Club, Cavendish-square. /INA
"the Pri'
The prosecutor stated, that he was walking
street about a quarter to nine this morning, when he Was
soner came up to him and asked for charity, es that
starving and out of work. He (the prosecutor) seeing
_sed
the prisoner appeared to be well fed and decently er"' t
told him to go about his business and work, aid o°-
if he co_hat be
get work to enlist for a soldier. The prisoner replied l'at, se
had tried to enlit-t, but could not get into any regitn- way,
they would not have him. He then proceeded 0131 biro,
but hearing some person walking stealthily 13elin prose-
cutor's-) round and saw the prisoner with his the rioter
pocket-handkerchief in his hand. Th=an
_‘„o,.
threw the handkerchief on the pavement and ""
Witness pursued him, and gave him into custody. short
Police-constable I) 15, was on duty in Oxford-street . Shop
nine o'clock this morning, when he saw the defendan,t,
'ling, pursued by the prosecutor, who was calling
to the
thief V' Witness stopped the prisoner and took be_ne _Tiers
station, where he was searched and two other handk ru"
found upon him, secreted in his trowsers. , ,;sfs for
The prisoner said he bought the two bandkerT"t. fie
is. 6d., and denied picking the prosecutor's Per
would not be guilty of such an offence for the ew rl
... sa
ris"
Several police-constables recognised the Pedir- as
old cffender, and said that he had been repeate 1 .
victed.
Mr. BisairAm remanded him till Wednesday ne:cteibre Mr-
William Folly, a notorious beggar, was charged h
_astable
Bingham with begging and assaulting the police-cu
in the execution of his duty. ceiat Giles's
Police-constable F 82, said he was on:duty t when
Church about eight o'clock on the previous
gentleman came up to him and called his attention
prisoner, who was almost in a state of nudity, witablaeceihtes
ception of a few filthy rags which bore some resern
ngtbi.jilthe the
elive the
nether garment. Witness desired the prisoner to
eat of
place, and not to annoy the people as they came
wind his
witnessa.,ghadini."
church. The prisoner told him to "go to
own business, for he had as much right thereheasil
Witness then laid hold of him for the purpose of ram"
the lower
into custody, when the prisoner kicked him le almost
part of his person with such violence that witness w'''
d no doubt
disabled. He also struck him in the face, In ce had "t
would have proceeded to further acts of vio en !-
another
some of the bystanders procured the assistance
of
constable, who took the prisoner to the station.
Police-constable 66 E, corroborated the evidence of last
witness, and added, that the prisoner was one of the wont
characters he had had to deal with for some time.
The prisoner, in defence, said he had been into church, and
was merely standing at the door to see the congregatioa
come out, when the constable came up to him, and, to hie
very great surprise, said be must go to the station. He could
assure the Magistrate he did not intend any harm, and as t°
hurting the policeman, he (prisoner) would not hurt a worn"
Mr. BINGHAM said he could not entertain any doubt but
that the prisoner was stationed at the church for the pur-
pose of begging, which he must know was against the Isic.•
He had also been guilty of a gross assault upon the constable
while in the discharge of his duty. He (Mr. Bingham)
should therefore commit him to the House of Correction for
one month, with hard labour.

WORSHIP-STREET.-(THIS DAY")
William Collins, a ruffianly looking fellow, was charged
with stabbing his wife in the head with a table-knife.
Mary, the wife, stated that she had for a length of time
past undergone a series of ill-usage from her husband, and 11,
although he had plenty of work, she was almost starve!!,utfe
him. On Saturday night last she requested of him 811_1,!„,
money, which request he treated with the utmost di' '3'
and at length, snatching up a knife, he thrust it into her
head ; but this charge she would not press, as all she crated
of him was a small allowance per week, and to be eoPa
from him. •
Mr. ARNOLD said she had given her husband in
for for felony, and with that only could he at present r_ t
only course he could recommend her to adopt,
apply to
to
persisted in not pressing that charge, would be
the officers of the parish in which she resided•
said she cer-
The poor creature, who cried most bitterly, against
tainly could not think of pressing the charge of felony
nded.
treat. The
her husband, and the prisoner was accordingly rema
vi,
Henry Stanborough was charged with breaking the
and otherwise ill-treating a woman named Harriet Tay oi
with whom he fornierly cohabited.
Police-constable 383 N, handed in a certificate from gr.
Coward, the district surgeon, testifying that the unfortunate
woman was not out of danger.
The prisoner said he could not deny the fact of having
struck the woman, but the injury she bad sustained WO
more the effect of her fall than the blow she had re"
ceived, as she was very drunk. She had called upon him •q
the early hour of
watnhadrseute ooltrie'cralhoaiek this morning, and Moshe'
tseslyheardt.mitted to bail to aPPear
fivTehpeaidnsefoefndgalansts
again in a fortnight.

T I young charged
hSonzOasUATmprosWe,
aAponwelith;—(TlimalnSwaDs
charged Wit
assaulting the police, and rescuing two prisoners (since trail"
sported) from custody.
It appeared that on the evening of the 30th January,
!iceman 44 M, went into the "Red House," Gravel-lane' Ti-
the the purpose of apprehending a man for robbery. Tue„`",iid-
soner, who was there at the time,
10
swore that he _
" knife " the policeman if he did not quit the house. `"t;
latter, however, proceeded to take a man named Witty 1
custody when he was knocked down by the prisoner,
kickedwhile laying on the ground. Witty escaped, but was
afterwards recaptured ; and, on a subsequent occasion, the
same policeman was again attacked by the prisoner in tle..e;
ing the apprehension of a man named Muir, who has been
since tried and transported.
Mr. COTTINGIIAM said that two of the 'prisoner's comp!'
nions, whom he had attempted to rescue, had since been tried
and convicted ; that the prisoner himself had beengusieltryioue;
great violence towards the police, and as it was a most
offence, instead of dealing summarily with the charge, he
should commit him for trial.

DESTRUCTION OF GAME UT Poxsonnto.—A great
bustle, approaching to a consternation. has, during the last
few days, prevailed in the " preserves" of Lord Middleton
near this town, in consequence of it having been discovered
that a great number of birds, principally pheasants, had been
destroyed through the agency of poisoned grain,_ which had
been strewed about the fields in the neighbourhood of the
plantations. We understand that nearly a hundred dead
birds of the nobler class have already been picked up; and
it is expected that many more remain to be discovered in
the woods. Such has been the enormous quantity of the
game preserved on the Wollaton and Trowel estates, during
the last few years in particular, that as many as from thirty
to fifty hares and rabbits may frequently be seen at the saw
time in a field of but a few acres in extent. We have n-°
doubt but that instances could be furnished from farms in
these lordships, where the produce of grain actually realised
by the cultivator at harvest time did not exceed
four or five b hels the de-
us per acre, when the crop, but for ,
struction created by the game, would have furnished front
three to five quarters per acre ! One afternoon, during har-
vest time, no fewer than thirty-seven
hard at work in a field of I • of Viroollaton,
more than
bar le in the parish
without stepping a yard from the pathway ; and there is ne
doubt that twice or thrice that number of birds might have
been discerned in the field, could it have been looked all over
at once from the spot where the observer stood.
Paper.
KING'S COLLEGE HOSPITIL.—On Sunda sermon
Y a
on behalf of the above valuable institution was preached at
the chapel of King's College, by the Right Rev. the Bishop
of Oxford. In the course of a most eloquent appeal,
reverend prelate stated that the charity had relieved 1,276
—Nottingham
in-patients, and upwards of 17,000 out-patients, at an exa,
pense of about 4,000/., but that the funds fell short of its rree
quirements by upwards of 6001. The Committee we
making exertions to increase the amount of a building fen
.
which was commenced some time ago, in order to erect prs
mises more suitable for the accommodation of the numerous
sufferers who daily apply for admission and relief. At.nlan_
termination of the sermon a collection was made, amountt g
to 1041.
A BEE ALIVE EMBEDDED IN TURF: On
TUSEI
ay last, as the daughter of Mr. James Smith, North-read.
Prezton, was breaking a turf, she discovered • a larg?,e.,.
embedded in a small cell not larger than the animal ft
The bee was alive, but did not attempt to take wing, thotr
it commenced humming; but the girl, being afraid, no r
tunately killed it.
LOLA MUNTES.—The Augsburgh Gazette publish/.
the following lines from Lola Montes, dated Munich, Ap:_f:
29:—" %Voir' out with being wade the mark of so y
secret and public malicious reports, I denounce as infamy_
calumniators all who speak, write, or print evil agaialit
me
without being able to prove it."

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