The Sun.
London, England, 1847-02-09 00:00:00

SURREY SESSIONS.

TEE RICHMOND RAILWAY—RIGHT OF PAY n.--This W
an appeal made by the Richmond Railway Corn party against
a conviction of two justices of the peace for the county of.
Surrey, for obstructing a pathway called "Wright's path,
leading to Church path, Richmond, Surrey. The pariah
authorities prosecuted and obtained the conviction, but no
process was served until after the decision of this appeal.
Mr. Bodkin and Mr. Taylor appeared for this respondents•
and Mr. Locke and Mr. Corner for the appella ate.
The CHAIRMAN, having heard the argnm eats on both
sides, said that the parish had acted strictly ilegal, and the
Beach should, therefore, confirm the conviction_ of the magi's"
trates, with costs.

POLICE INTELLIGENTE.
Mil RLBOROUGH-STREE'T.
HAZZARD v. TAYLOR.—This case, which c.antained some
points of interest, was heard last week, and Air. Bingham
delivered the following judgment upon it this t norning
In this case, Elizabeth Hazzard took out. a summons
against Mehe Taylor, for detaining, as she alleged, withsoeurt
.
just cause, the duplicate of a velvet gown awned by_e her.
In answer to the complaint, Taylor assertt,d ,tha_t,,ue ny.
ceived the uplicate from Mrs. Hazzard, as securr,ty r
43 and ac-
ment of a bill of exchange for 101., dated April 11.
cepted by the husband of the complainant, payable
discounted
after date. This bill, which he declared he bad
for Mrs. Hazzard, was dishonoured when dire, and still re-
inained in his hands unpaid. Mrs. Hazzard admitted the
transfer of the bill and its non-payment, but insisted that
tithBreeniOn th
although ehe had paid Taylor a considerable* sum by way of
interest in advance on this and another bill of 121., she had
never received a farthing from him in respect of the 10/.
bill. She further declared that the duplicate she now sought
to recover was not delivered to Taylor at, the same time
as the 101. bill, but some weeks after wards, when
she was seeking to raise a further sum of 50/.
Hazzard called two witnesses, one cf whom had heard her
upon two occasions, about three years ago, ask Taylor for the
amount of a bill, when Taylor, instead of giving a direct
answer, turned off the conversation to some other subject.
The other witness said, that about the saran period he had
made several applications for the amount of this bill
at the request of Mrs. Hazzard, but had always
been put off, and that afterwards, when he has applied for a
number of Mrs. Hazzard's duplicates, Taylor said he bad
lost them or left them in the country. The statement of
these witnesses is not irreconcilable with the statement of
Taylor. It may be that, suspecting the worthlessness of the
bill of exchange, he refused to advance money on
it till he received the duplicates in. question by
way of security;, and the application for the money
spoken of by the witnesses may have be en made after
the delivery of the bill, and before the delivery of
the duplicate, and the manner in which Mrs. Hazzard
has delivered her testimony certainly ci,oes not en-
title her to a higher measure of credit than her
opponent. There is, therefore, no evidence ou. which a court
of justice could come to any safe conclusion as to the main
fact in contest between these parties. But, independently of
that fact, I think that Taylor is, under the circumstances,
entitled to retain the duplicate upon a principle of law from
which it would be dangerous to depart. Taylor produces
a dishonoured bill of exchange, which, without further
evidence on his part than the proof of handwriting, raises
the presumption of a debt due from the party at whose
hands he received it. This presumptive liability can only
be discharged by a proof of payment, or a proof of fraud; and
the proof of fraud ought to be clear and conclusive, as every one
is presumed to be free from crime till the contrary is shown.
It has already been pointed out that the proof by which it
has been sought to establish fraud in the present case is not
only not conclusive, but is even compatible with the defend-
ant's innocence. And the course:pursued by the complainant
herself is scarcely reconcilable with the charge she now ad-
vauces. She is neither young nor inexperienced, nor deficient
in abilities or energy to assert her rights and obtain justice
when she is wronged. If the defendant had treated her in
the way she now states she might have brought him before
a police-court on a charge of fraud three years and
a half ago. After neglecting .to take that course
when the alleged injury was recent and the
facts flesh in the memory of witnesses, and her re-
sorting to it after a lapse of time, which must place serious
difficulties in the way of defence, rather leads to the infer-
ence that the charge could never have been established.
The present summons is therefore dismissed.
[A

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No. 2, 13UCKLERSBURY, CHEAPRDE.—FamiIies whose
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Black Tea 2B. Bd., f;s., 3s. 4d, 3s. 8d , 45., .4s. 4d., ss.
Green 3s. 4d., 3s. Bd., 45., 4s. 4d., 53.. 63., 7s.
Coffee. 9d., 10d., is., Is 2d., is. 4d., Is. 6d., is. Sd.
One pound sent free to any part of town. Orders from
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paid to any girt of England.—MANaxr..x. and Co.
wholesale tea d. aloes. 2, Bucklersbury, Cheapside .
[ADVERTISEMENT.] - liEMARKABLE CUREtt OF.fa
ltrattLer
from -
CEAS BY HOLLOWAY'S OINTMENT ANDILLS.—X
, E
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affected with ulcers on his limbs and body for more than three years.
from which c,mall pieces of bone had been removed front time to
owe. I applied to several medical men in St. Jokes, but all to no
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4
there Is not the slightest appearance or their return.—(Signed) JAMES
WETMORE." These medicines are sold by all druggists, and at Pro-
fessor Holloway's establishment, 244, Strand, London.

BIRTHS.
On the 12th ult., the lady of Philip Henry Howard, Esq., 31.1"., of
a daughter.
On the 31st ult., at Margate, the wife of William Brooke, Esq., ef
a daughter.

On the 3d ink., at Pylewell House, Hants, the ',rife of Joseph
Parker, Esq., of a daughter.
On the 3d inst., the wife of Mr. John Chambers, surgeon, Trafal-
gar-place East, Hackney-road, of a son.
On the 3d inst., at Princess's. terrace, Regent's-park, Mrs. C. J.
Shoubridge, of a daughter.
On the 3d inet., at Appleby Hall, Leicestershire, the lady of George
Moore, Esq„ of a son.

On the 3,yinst., the wife of G. Arthur Fripp, Esq., of a daughter.
On the 4th inst., at Cambridge-street, liyde-park-square, the lady
of A. 11. Boxam, Esq , of a son.

• .VARRIED.
On the 2Gth ult., at St. John's Church, Edinburgh, Captain Edward
Wetherall, the Royal Regiment, to Katharine, relict of the late
Davenport, Esq.

DIED.
On the 29th ult., at Hull, Hannah, the belayed wife of Mr. W.
Wrightson, commercial traveller, and eldest daughter of the late
John Dacg, Esq., surgeon, Bridlington.
On the fith inst., at Strcatley House, Berkshire, Jane Mary, the
only child of William Henry Stone, Esq., High Sheriff of the county.
In the IGth year oilier age.
On the 20th ult., at Temple House, Sligo, Jane Anne, wife of A.
Perceval, Eeq.
At Harland-place, Mrs. Frances Barnouln. aged 94.
On the 3d Inst., Martha Matilda, eldest daughter of Major-General
Slr Charles Paslcy, Norfolk-cr. scent, Hyde-;.ark.
On the 3d inst., at Stoke Newington, Miss Christina Cecilia de
Drusina. aged 72.
On the 4th inst., at Newington-green, Mr. James Madgwick.
On the tth list , at Abercrombie-terrace, Liverpool, Mary Haugh-
ton, relict ()like late John Reid, Esq., aged 37.
On the 2d inst., the tee. 'James Thomas D.P., Rector Of
Langham, Essex. an.! Prebendary of Salisbury Cathedral, aged al.
On the 3d inst., at Islington, John De Hague, Esq., of the Stock-
Exchange, aged 85.
On the 4th inst., at Lewisham-hill, Elizabeth, third daughter of this
late W. Allen, Esq.

Londen: Printed and Published by AfTTRDO YOUNG, of No. 11,.
•ttrand. Print.r. Nr,. I ,tr4nd, in Mr. Preoinct
of tUe Savoy, in the County of Middlesex, Taciday.
,autay 9, 1847.