The Sun.
London, England, 1841-11-24 00:00:00

QUO WARRANTO.-THE QUEEN V. HART.

The SOLICITOR-GENERAL applied for a rule for a quo
warranto, calling upon Francis Freeling Hart to show
by what authority he exercised the office of Mayor of
Harwich. By the Municipal Corporation Act the
Mayor must be elected from among the Aldermen
and Councillors. Mr. Hart had been elected Mayor
from among the Aldermen, and if he could show
that Mr. Hart had no right to hold the office of Alder-
man, he had no right to exercise the functions of Mayor.
Mr. Hart had been elected Alderman in the room of Mr.
Graham, whose office had been declared vacant by the
Council. Now, he had affidavits showing that Mr. Gra-
ham had done nothing to forfeit his office ; neither had
he been absent from the borough for six consecutive
months; therefore the Court had no right to declare any
vacancy, or to elect Mr. Hart. He also moved on an-
other ground. Mr. Graham's time as Alderman expired
on the 9th November last, the day on which Mr. Hart
had been elected Mayor, and certainly, if Mr. Hart had
been duly elected as Alderman, he could not hold that
office after Mr. Graham's time had expired.
Rule nisi granted.

SHERIFFS' COURT, Nov. 23.
Several undefended actions were taken first.
ARCHBUT WINDSOR.

This was an action to -recover the sum of 191. 19s. for
the amount of an attorney's bill.
The plaintiff failed to prove some of the items, and the
jury returned a verdict for the plaintiff—Damages, 101.10 s.

FAIRFAX V. DARTMELL.

This action was brought to recover the sum of U.
for beer, &c., supplied to the defendant. The plaintiff
keeps a public-house in Backchurch-lane, and the defen-
dant is a workman at a cooperage near to the house.
Mr. Payne appeared for the plaintiff, and Mr. lorry
conducted the defence.
A witness was called who had applied to the defendant
for payment, and the defendant had told him that he
wished the plaintiff would sue him, as he could then get
his shopmates to pay him, the defendant. Another wit-
ness was called, who proved the delivery of the goods.
John Irwin, who said he was a short-hand writer, was
called to prove the defendant's admission of the debt. In
answer to a question from Mr. Payne, the witness said
" Speak up, Sir ; I am not afraid of any man, but I'm
deaf."—(Laughter.).The witness conducted himself in a
very irregular manner.
Mr. PAYNE inquired if he had been drinking that
morning ? Witness—To be sure, I have.
Mr. PAYNE—Was it any thing strong ? Witness—
Yes, Sir ; I have had about half a pint of ale, but for all
that I come to speak the truth, my dear.—(Laughter.)
The witness then said he had called on the defendant,
who acknowledged the debt, and said he would settle it
soon.

Mr. Holm!' then addressed the Jury for the defence,
and contended that the defendant was not liable for this
amount, as the articles had been supplied to the different
workmen, and then charged to the defendant, who col-
lected the different amounts, according to each man's
share, from the workmen: The et cetera was very art-
fully put into these particulars, as it was evidently in-
tended to comprise spirits, which the plaintiff could not
recover for.

Witness were then called to prove Mr. Horry's state.
ment, and Mr,PAYNE replied.

One of the Jurymen addressing Mr. Payne said, how
is the plaintiff to get over the men arranging the ac-
counts amongst themselves ? He can't get over this.
Mr. PAYNE—I am informed that there is one juryman
who is personally opposed to the plaintiff ; had I known
this before I would have objected to

Juryman—l deny that, but I know that the plaintiff
would break any contract.—(Oh, oh.) I am not an
enemy of his, I only know him to be a litigious man,
who never performs a contract.
Mr. PAYNE-Out of thine own mouth will I judge thee,
thou unjust juryman.
Here there was something like uproar in the Court, and
the'Learned Under Sheriff interfered, and told the jury-
man that he had better not argue with the Learned Coun-
sel, but hear him to the end, and then consult amongst
themselves.

Mr. PAYNE then continued his address, and
The Learned UNDER SHERIFF summed up the evi-
dence, and said that he hoped the jury would dis-
miss from their minds all prejudice, and simply look to
the facts of the case. He was sure that, as tradesmen,
they would be better able to judge of those facts than he
was. He was extremely sorry at what had taken place,
especially in a Court of Law.
The Jury. after a long consultation, returned a verdict
for the defendant.

The UNDER SHERIFF—Are you all agreed; gentlemen,
for the defendant ? Foreman of the Jury—We are, Sir.
The Court rose at five o'clock.

COURT OF BANKRUPTCY, Nov. 23.
MESSRS. WRIGHT AND COMPANY'S BANKRUPTCY.
Mr. Dxcxsos, on behalf of the assignees of the joint
estate of the Messrs. Wright, late bankers in Henrietta-
street, Covent-garden, applied to the Court that they
might be allowed to prove against the private estate of
one of the partners, Mr. John Wright, on the ground
that he had in his individual capacity drawn large sums
of money from the partnership account to the loss of the
several creditors of the firm.
The LEARNED COMMISSIONER said this was an appli-
cation which he should wish to take some time to con-
sider. He was always very cautious in acceding to such
applications, unless evidence could be adduced establish-
ing a case of fraud.
Mr. DICKSON said he thought he would be in a condi-
tion to prove by evidence from the partnership books
and from Mr. John Wright's own clerk, that the money.
had been drawn by him under circumstances which, to
use the leastharsh term, could not be approved of, as at
the time he drew those sums of money on his own
account from the partnership account he must have been
aware of the difficulties and approaching bankruptcy of
the firm.

Mr. Commissioner HoLROYD said he thought the best
course to adopt would be a conditional postponement
until the next day of meeting fur a dividend, when all
the creditors would have had notice of the course pro•
posed, and an opportunity of judging of its propriety,
and he would have further time to consider the matter
himself.

Mr. DmicsoN having agreed with the Learned Com-
missioner the matter dropped.

________ - --- - -
POLICE INTELLIGENC E.
IVIA A' SION-HOUSE.
_A young man of rather fashionable appearance, named
Curzon Adolphus Wo/her, was brought before the Lord
Mayer, in the custody of Roe the officer, charged with
having forged the indorsement to a bill of exchange.
Mr. Bush, the solicitor to the Committee of Bankers for
the prevention of frauds and forgeries, attended for the
prosecution, and Mr. Ifobler, jun.,
appeared for the pri-
soner. After a brief examination, of no public interest,
the prisoner was remanded till Friday.
A young man was brought u in custody of Daniel
Forrester under circumstances of a remarkable kind.
p
Alderman GIBBS, who presided on the occasion, stated
to the prisoner that he understood, as the affair was a
family one, there was a great reluctance to go on with
the prosecution, and therefore the prisoner had it in his
own power to prevent any .disagreeable exposure.
A gentleinan, who said that he was a friend to the fa-

mily, declared that the prisoner, by doing what was mere
justice, would save his sister the dreadful alternative of
1 entering the witness-box to give evidence against him
for a very serious offence. A will which was made by
the prisoner's mother had disappeared, and through the
instrumentality of the prisoner, and all that was required
of the prisoner was to produce the document.
Alderman GIBBS—WeII, prisoner, what do you say ?
Are you ready to give up this will ? Prisoner—All the
papers that I have are in the possession of a proctor in
Trinity-lane.
Complainant—That person has put in an affidavit at
Doctor's Commons. stating that the will is not and
never has been in his possession. The prisoner had the
,document in his possession,..and.l can prove that he read
it, and acknowledged it to be his mother's will.
The prisoner—No, I know nothing of any will of the
kind.
Alderman Gruns—Have you burned it ? The priso-
ner—No, I never had it. I have been already upon my
oath upon the subject, and I never saw it.
Complainant—Have you not brought it from Wey--
mouth with you ? The prisoner—No, I know no-
thing of it.
Complainant—Do you know Mary Ann Hunter, who
was your mother's nurse ? The prisoner—l know there
was a nurse then with my mother.
Mr. Randall, a solicitor in the Temple, who appeared,
for the sake of the family, anxious to stop the pro-
secution, regretted that it would be necessary, if the
prisoner persisted in refusing to deliver up the docu-
ment, to go into evidence forthwith. The nurse just
mentioned had found the will, shortly after the mother's
death, in a small box, and gave it into the possession of
the prisoner's sister, who handed it to the prisoner. The
prisoner then read the will aloud in the presence of his
sister, and declared it to be the will of his mother.
These facts had been deposed to already elsewhere.
The prisoner said that the statements were false.
Alderman GIBBS—Then we must go into the case.
Mr. Randall—The prisoner has also written to a sister
of his in town from Weymouth, stating that he had found
his mother's will.
prisoner--I say it is false. I found the copy of
the will of a relation, but not of my mother's will.
The younger sister of the prisoner was then called.
She stated that she was at Weymouth at the time of the
decease of her mother, and the prisoner came to Wey-
mouth, and remained there till the day after the funeral.
Witness and prisoner and the nurse searched for the will
of the deceased, and the nurse found it and gave it to
witness, who handed it to her brother. It had been
folded up, and he opened and read it. Witness was not
in a state of mind to pay particular attention to its
details, but the prisoner said it was his mother's will.
Alderman GIBBS—Did he read the will ? Witness—
He began reading it, and he said it was in my favour.
Mr. Randall produced a paper which he said he had
drawn up some years ago at the desire of the testatrix.
It was in favour of the young lady who had just given
evidence, and whom the testatrix had always expressed
a wish to provide for, as she was her youngest daughter.
The prisoner said he was sure that justice would be
done to him in this affair, in which he felt he was most
unjustly and cruelly treated.
Mr. Randall said that the deceased, in 1838. gave him
the copy he produced as the basis of her will. There
was no signature to it, and there was Ise other will
made to his knowledge. He was put in as executor with
a gentleman who resided in America-square. The pri-
soner's sister had stated to him, that all the plate which
was, by the paper produced as the basis of the will, left
amongst the daughters, was taken from Weymouth by the
prisoner. These facts were sworn to in the Ecclesi-
astical Court.
Alderman GIBBS—We must have the nurse pro-
duced. Does the sister of the prisoner state that he
took away the plate ? The sister to the prisoner—Ile
read the will which bequeathed to me the bulk of my
mother's property, and declared it was my mother's. I
was aware that he took possession of the plate.
Mr. Randall- —ln fact, he took away everything be-
longing to his mother.
The prisoner—Nobody had a better right than the
next of kin.
Mr. Randall—Do you mean to do what is right ?
Prisoner—l am doing what is right, and I trust that
justice will be done me.
Mr. Randall—You know where the will is ? Prisoner—
No, I know nothing of it.
Mr. Randall—Then you have burned it ? Prisoner—
No, I have not. I had no will of the kind. I had a
copy of the Manchester will, which is quite another
thing, and the proctor I alluded to has that in his pos-
session.
Mr. Randall—The mother bequeathed the bulk of her
property to this young lady and cut the prisoner off with
a small sum. The destruction of the will would make
him come him in for a share of the property with the
rest of the family. The affidavit of the nurse has been
read in Doctors' Commons, and time allowed him for
his answer, but he has made no answer.
Alderman GIBBs—I recommend you once more to do
justice, and I shall remand you for a few days.—The
prisoner was then remanded.
QUEEN-SQUARE.

CHARGE OF ARSON.—Elizabetk Cope, an interesting-
looking girl, about 14 years of age, dressed in deep
black, was brought up for re-examination, upon a charge
cf wilfully setting fire to the Hans Town School of In-
dustry, of which she was an inmate.
The facts of the case were detailed at considerable
length in this Journal of last Tuesday, and it is need-
less to repeat them.
Mr. Humphries said he appeared on behalf of the
Committee appointed to conduct the school, and for the
prisoner. He said the Committee were anxious not to
prosecute ; and, taking into consideration the tender
age of the accused, he hoped that.he would not be ask-
ing too much to request of the Magistrate that no further
steps might be taken in the case.
Mr. BURRELL said that the case was one of a very
serious nature, for, although there was a doubt as to the
legality of the mode in which a confession was elicited
from the prisoner, stil there were, on the other hand,
facts which compelled him to send the case to a higher
tribunal. He felt great pain in doing so, but he consi-
dered it was his duty to adopt that course.
Mr. Humphries put it to the Magistrate whether he
could send a child of such tender age for trial, upon evi-
dence of so slender a character.

Mr. BURRELL said there were circumstances of strong
suspicion against the prisoner as regarded a fire which
took place the day before. Allowing that we cast aside
the girl Williams's evidence, and that of Inspector
Forbes, which are alike tainted, I will not now send
the case for trial, but take time to consider.
The prisoner, who wept much during the examina-
tion, was then remanded till Monday next.

MARYLEBONE.

Yesterday a very respectably- dressed young man, who at
the station-house described himself as Mr. Benjamin
Vale, surgeon, Crawford-street, was placed at the bar
before Mr. Rawlinson, charged with the following out-
rage upon a lady named Foley, and another female :

-Mrs. Foley stated that fir husband was a solicitor,
residing at No. 33, Dorset-street, and that on the previ-
ous night, about ten o'clock, as she was returning
towards home along the New-road, accompanied by a
young woman in the service of a lady whom she had
been visiting in Milton-street, the prisoner and another
young man rushed between them in a most rude manner,
and struck both of them. She asked the prisoner how
he dared thus to insult her, when he exclaimed, " Pray
who and shat are you ?" and gave her a violent push.
Being indignant at this treatment, she slapped his face,
upon which he struck her again. She went on till she
saw a constable, and on meeting one gave the prisoner
into custody. She was merely stopping for a moment to
give some silver to the servant to purchase some things
for her mistress, when she met with the treatment she
had mentioned.

Ellen Davis, the servant in question, corroborated
Mrs. Foley's evidence, adding that they (complainants)
were both called by the vilest epithet by the prisoner and
his friend.

Mr. RAWLINSON (to the prisoner)—What is your an-
swer to this ? Prisoner—l was walking arm in arm
with my friend, when we saw these two females stand-
ing in the middle of the path so as to prevent any one
from passing along. My friend pushed the servant
gently, and when spoken to about it, he denied having
done it on purpose. I did not call any one a w—e, but
he did. I merely told this lady (Mrs. Foley) that she
was a pretty woman, when she flew into a great passion
and slapped my face.
Mr. Foley here stated that the prisoner had since the
occurrence called at his house for the purpose of apolo-
gising, but he (Mr. Foley) refused to listen to anything
of the kind, considering, as he did, that the outrage was
one of such a kind as to deserve punishment.
Mr. RAWLINSON—I was at first inclined to put upon
you the highest penalty, imagining that you were the
person you represented yourself to be ; but, as I find
you are only a surgeon's assistant, instead of a surgeon,
I shall fine you but 3/.
The penalty was paid. _

Mr. Trehetirn, a - master baker, residing in Cleyland-
street, Fitzroy-square, was charged on a warrant with
having assaulted Mr. Nelson Jones, 11, Carburton• street,
and whose life, owing to the injury lie received, is almost
despaired of. The case was partly gone into about a
month ago (three days after the occurrence), when, after
the examination of one or two witnesses, it was ordered
that the warrant should stand over, in the expectation
that Mr. Jones would on a future day be able to attend.
A surgeon's certificate was, however, produced on Mon-
day, setting forth that the sufferer was in a dangerous
condition, and in consequence thereof the defendant was
desired to attend yesterday.
The evidence given by Mrs. Jones and other wit-
nesses went to show, that on the 22d ult., she and
he- husband went to defendant's shop to purchase
a loaf, and that some words having ensued respect-
ing the weight of it, defendant seized hold of
Mr. Jones to eject him from the place. In en-
deavouring to prevent this, the latter laid hold
of a glass door, and breaking one of the panes, his
hand was severely lacerated. lie was forcibly dragged
away by defendant, who thrust him violently into the
road, when the back of his head came in contact with
the wheel of a cart, which was standing by the door, and
he had. ever since been under medical treatment. For
some time he was a patient in Middlesex Hospital, and
was now so ill as to leave but little chance of his recovery.
The testimony adduced on the part of the defence was
to the effect that Mr. Jones, having called the defendant
a liar, the latter took hold of him to remove him friani
the shop, when, being somewhat " fresh,'? he slipped
down, and thus caused the injury complained of.
Defendant was held to bail himself in 801., and two
sureties in 401. each for his appearance on Monday next,
and Mr. Rawlinson expressed his intention of proceeding
at the close of the Court to 11, Carburton-street, for the
purpose of taking the unfortunate man's deposition with
regard to the affair.
HATTON-GARDEN.
ROBBERY THROUGH HUNGER.—Dandei ile;dzett, a
ragged half-famished boy, about 14 years of age, was
placed at the bar, charged by Mr. Wi4iarn Arnold,

baker, of No. 32, High Holborn, with having stolen a
ponnd of broad.

It appeared in evidence, that in the morning, about
eleven o'clock, the prisoner entered the shop of the pro-
secutor and asked his daughter for a half-penny bun,
and whilst her back was turned to take it from the win-
dow, the prisoner snatched a pound of bread from the
counter and ran off with it. He was instantly pursued,
and at some distance from the shop he was taken, de-
vouring the bread ravenously, when he was given into
the custody of Smith, 151 E, who took him to the
station-house.

Smith here stated. that when the prisoner was taken,
he cried, and said, "If you were as hungry as I was,
you would have done tht same."

In answer to questions from the bench, the prisoner,
in tears, said that his mother was dead, and his father
had deserted him, and he was quite friendless. He was
a native of Chippenham, in Wiltshire, and had been in
London three weeks looking after work, but could get
none, and he had been obliged to wander about and beg.
He had not had anything to eat for a length of time,
when hunger drove him to steal the bread. He had
slept in the streets for night; together, and the night be-
fore last he procured a ticket, and slept at Marlborough
Poor-house, Peckham.

Mr. COMBE said it was evident that the prisoner was
in great distress, and his having devoured the bread the
moment after he had stolen it was a proof of his hunger
at the time, and he could not think of punishing him
under such circumstances.

Mr. Arnold said that his only object in bringing him
before the Magistrate was to get him, if possible, relieved.
The prisoner said he was anxious to g.,) to sea, but he
had no friends to get him there: he had applied, but they
refused him, as he had never been a voyage.
Mr. COMBE thought it a fit case to send to the work-
house, and he ordered Smith to take him to the work-
house of St. Andrew, Holborn, and George the Martyr,
with his request that he might be received and some-
thing done for him, and he was discharged from the
felony.
The prisoner seemed grateful, and left the Court with
the officer.