The Sun.
London, England, 1841-02-04 00:00:00

(LEFT SriZAKING.)

TURN-OUT OF COLLIERS.—The colliers of
Wigan and the neighbourhood still refuse to return to
their work until their demands have been complied with,
which the masters are apparently equally determined to
resist. S:me of them, indeed, who have considerable
stocks on hand, are quite indifferent whether the roen re-
turn or not, even on any tei ens. The men have been this
wcck di•llo;iver, xr,
a e. ropcs tla...tlgh the streets, 4
Wion, aLd byggi:ig fiQuo the I:ll,ibitents.—ilaneigo&ter
j'ap6r. •

SPORTING INTELLIGENCE.

TATTERSALL'S_THIS EVENING.
HALF PAST SIR.

THE DERBY.
17 to I agst Pa!remon—t. k in
18 to 1 agst Ermgo—take 20 to 1
18 to 1 agst Coronation—taken
30 to 1 agst Kni3ht of the Whistle—taken
25 to 1 agst Prince Caradoc—take 26 to 1
28 to 1 agst Sir Hans
30 to 1 agst Wellington—offered
20 to 1 agst Soult—offered
3000 to 30 agst Mustapha—taken
1000 to 10 agst Mustapha Tuley
50 to 1 agst Kn;ghtsbridge—offered
1000 to 15 agst Satirist—c,ffered
2000 to 25 agst Morning Star
30 to 1 agst Rosalind—taken
4 to 1 agst Scott's lot—offered
1000 to 40 agst Sir Gilbert's lot—offered
28 to 1 agst Wahab—taken
100 to 1 agst Protection—taken
50 to 1 agst Ermingardis—taken
20 to 1 Agst all the Mares—taken
2000 to 20 agst Lady Strut—taken
1000 to 15 agst Tonquin—taken
25 to 1 agst Lord Exeter's lot—taken
Very little. betting.

LAW INTELLIGENCE.

BAIL COURT, Frß. 3.
(Sittings at Nisi Prius, before Mr. Justice COLE
RIDGE and a Middlesex Jury.)
STEVENSON V. DONELLY.

In this case the plaintiff, who sued in forma pan-
penis, brought the ite.ion against the defendant, to le-
cover damages for false imprisonment.
It appeared that during the spring of last year, the
plaintiff was living with the defendant, Captain Donelly,
son of the late Admiral Ross Donelly, as coachman.
The Captain resided in Harley-street, in the house of
his father, whose guardian he had been appointed,
under a Commission of Lunacy. Miss Donelly, the
defendant's sister, resided with him, and previous to
the defendant's marriage, had had the management of
the house. Captain Donelly had, however, married,
and subsequently to his marriage differences bad
taken place between himself and his sister, who, how-
ever, continued to reside at the house in Harley-
street. On the night in question Miss Donelly hail
gone to the Opera, and during her absence Captain
Donelly had gone down into the kitchen, and repri-
manded the servants for making a noise. Shortly
afterwards Miss Dandy returned, and, on ringing at
the bell, the door was operr.d by the defendant, and
slammed in her face. The servants, however, immedi-
ately afterwards let her in by openieg the door of the area.
It appeared that in passing to her room she would have
to pass the door of the room occupied by defendant ;
and fearing that he might rush out upon her, she re-
quested the servants to see her safely past his door.
They did so ; plaintiff, whose sleeping place was in the
stable, accompanying them, he had previously been up
stairs on a message for one of the servants, but had
been ordered down by Captain amelly. After they
were all in bed, Captain and Mrs. Donelly got up and
left the house, and shortly alter returned, accompanied
by the police ; being unable to obtain admittance by the
street door, they went round to the stable door, of
which the Captain bed the key, and, calling the plain-
tiff out of his bed, he gave him in charge to the police
'or creating a disturbance in the house, and using abusive
language, at the same time giving another servant,
named Shepherd, into custody on the same charge, and
also on a charge of assault. In the morning, Shep-
herd, who bad been going up stairs with a pistol, and
who said there were thieves in the house, was fined by
the Magistrate, and the case against the p!aintiff was
dismissed.

Mr. THRSIGER having addressed the jury for the
plaintiff, called various witnesses to prove his case.

Mr. CROWDER, for the defendant, admitted that the
verdict must go against him ; but contended that it
was a case for merely nominal damages.
Mr. Justice COLERIDGE, in summing up, said that
he considered it a case certainly calling for more than
nominal damages. It was a gross abuse of the criminjl
law for a master to dive a servant in custody of the
police, on such a charge as creating a disturbance, and
making use of abusive language. If a servant were im-
pertinent, his master should turn him out of his house
—not give him in charge of the police ; for the fact
of a man having been before a Magistrate told against
him afterwards. It was frequently said of a servant,
" Oh, he has been before a Magistrate ;" and this ob-
servation alone, without any knowledge of the circum•
stances, was calculated to inflict injury on a person in
the plaintiff's station. The Jury, however, were not to
suffer their feelings to carry them away, but were to
give such temperate damages as would be a sufficient
compensation to the plaintiff, and place him in the si-
tuation he was in before this occurrence took place.
The Jury, on their return into Court, found a verdict
for the plaintiff—Damages 701.

CENTRAL CRIMINAL COURT.

(OLD COURT.)

ALLEGED FRAUDS UPON INSURANCE COMPANIES.

THE CASE OF THE DRYAD.

Michael Shaw Stewart Wallace arid Patrick Max-
well Stuart Wallace, the individuals charged with de-
frauding insurance companies, under the circumstances
that have recently been laid before the public, were
placed at the bar this morning.
When the case was called on. the Attorney-General,
who with Messrs. Clarkson, Bodkin, and Laurie, was
instructed on behalf of the prosecution, addressed the
Court., and applied for a postponement of the trial.
The ATTORNEY GENERAL said he was glad that a
Noble Lord now formed part of the Court who had
heard some of the former arguments in this case. It
would be remembered that at that time a question arose
as to the validity of the remand of the prisoners by the
Massistrate before whom they were taken, hut subsc-
crently they were committed for trial. The charge
against the prisoners was that they had been accessory
to the casting away and destroying a vessel called the
Dryad, insured from Liverpool to Santa Cruz for the
sum of 10,000/. There was abundant proof of the
policy being effected, and that no goods were on board
the ship, and also that an attempt was made to cast her
away; but the difficulty they had to contend with was
that there was no proof of the actual loss of the vessel,
a witness who could prove that fact being abroad. It
would be unsafe to proceed with the trial in the ab-
sence of that person, and he therefore had to apply
for a postponement of the trial till next session, by
which time there was every reason to believe that the
witness would be in England. The Learned G,intl
man then read the affidavits of Mr. James Philips, the
solicitor for the prosecution ; and Mr. E. S. Phillips,
the secretary to the Maritime Insurance Society, in sup-
port of his statement ; and also a statement of the
wife of the man referred to, that she had heard him say
that the Dryad was cast away and destroyed. The
Learned Gentleman, after some further remarks con-
nected with the facts of the case, moved the Court to
postpone the trial.
Mr. PHILLIPS, who appeared for the defence, was
understood to say that he had no objection to °fret to
the course proposed by the Attorney-General.
The ATTORNEY•GENERAL said that, as this was the
caee, the only question that remained was as to the
propriety of admitting the prisoners to bail. He should
most decidedly oppose such a course, for he feared
that if the prisoners were set at large, they would
obscoud, and the ends of justice be defeated. Oue of
the prisoners had already absconded from the charge,
and abandoned his house and family, and he was traced
to the sea-side ; and there was every reason to believe
that he intended to leave the country. He therefore
hoped, that, under all the circumstances, the Court
would riot accept bail.
Some conversation here took place between the
Learned Counsel, and Mr. Phillips said that as the pro-
aecutors had agreed to the proposition he had made to
refund the prisoners a portion of the money found in
their possession, he should not press his motion for bail.
The. ATTORNEY-GENERAL Said he thought it quite
right that the prisoners should be afforded the means
of defending themselves, and he saw no objection to a
suffieieat sum being given them for that purpose.
Mr. Porr.t.trs said it must be understood that he
only conssint, d to a post poeetnent till the next Session.
The ATTORNEY-GENERAL said that was all he re-
quired and the prisoners were then removed.

Robert Langston, aged 19, John Edwards, aged 18,
and Edward Hopkins, aged 22, were indicted for felo-
niously assaulting and wounding James Michael Wood,
with intent to do him some grievous bodily harm.
In another count the intent was laid to be to rcsi.tt
the lawful apprehension of the prisoner Edwards upon a
charge of felony.
Mr. Phillips appeared for Hopkins.
The prosecutor, who had his bead bandaged,and who
appeared to be very wetlk and ill, deposed, that on the
20th January he was passing down Duke-street,Water-
loo-road, where he saw Edwards, who had a bundle
under his arm, and another man with him, come out of
the house of a person named White. He suspected
something was wrong, and he followed the parties, and
stopped them and asked them to go back with hin
to Mrs. White's, and they did so, and when he got
there, he found that she had been robbed of
a cloak, and he advised her to send for an
officer, and just as he said the words, a
number of persons, among whom were the prisoners
Langston and Hopkins, rushed into the house,
and Langston struck him a violent blow on the
head with some instrument which cut completely
through his hat, and inflicted a severe wound on his
head. Witness held Edwards, and a struggle ensued,
and he was dragged into the street, and again kicked
and beaten. It appeared by the testimony of other
witnesses that a number of picklock keys were found
near the spot, and also a " life preserver," with which
the injury had been inflicted. The prisoner Langston
was the only one identified as having struck the prose-
cn!or.

The Yury fcund Latigt,t4ti

The same prisoners were then indicted for stealing a
cloak, the property of Jane White.

EVENING EDITION•

_—...--.--_
The same facts were again deposed to, and the fur!
convicted Edwards and Langston, and acquitted Hopkips:
The COURT sentenced Langston to be transportel
for fifteen years, and Edwards to be imprisoned sad
kept to hard labour for one year.
Michael Shaughnessy, aged 25, and John Sha4ll
nessy, 30, were indicted for feloniously cutting 10.
wounding George Mayhew, with intent to do bts 0111°
grievous bodily harm.
Messrs. Phillips and Ballantine appeared for the
prisoners.
It appeared from the evidence, that On the 2d d
f
,
January the prosecutor was walking in the Orr°ll—
ha met the prisoners, who were total streege7
to him, and one of them exclaimed,
a Englishman," and John Shaughnessy kOck,,e,
bier, on 1.1,.'
him down, and Michael commenced kicking
head and the left side of his body, and broke tsvo of kil
ribs. He called .‘ Murder," and John Shaughaessi Om
his brother to kick him in the mouth, and Michael jo,-
mediately attempted to do so, but his foot fortunateel.
struck against a door-scraper and the blow vial aver„ttoe
" Here eel
In addition to the injuries above stated, the prasec—
had his left eyelid cut open, and „s otbert;
then red
wise severely injured. The prisoners
sway, and the prosecutor went after them, °Pi
John knocked him down a second time, 8:,
they both kicked him while he was op to,
vocation
v,foirtntchseseosutwrae
ground. The prosecutor, it appeared, gave 13.°1,Pi
the prosecutor's statement, and a medical gentled it
described his injuries to have been very severe, D. 151
appeared that he had been three weeks gree thexatamwiansedco, committed upoe -
in consequence.
The prisoners received a good character. dr
The Jury found them guilty, but with a recomele°
tionT to mercy on account of their good character: 30
The prisoners were again indicted for a simb,a
offence. upon Joseph Peet, the constable, w, mel
assisted in their apprehension, and they were '°-
guilty of a commcn assault.
labour ICnijrLtwaTo
The ' • ei a corroboratethe
bospi;
syeenatresn.ced the prisoners to be kept tob:a
The Recorder sat in the evening, but the eases a
posed of were of no public interest!'