The Sun.
London, England, 1847-08-07 00:00:00

CfAY V. BIRD AND ANOTHER.

Mr. Alexander and .iir. kluddleston appeared for the
plaintiff; Mr. Godson and Mr. Gray fur the defendants.
This was an action to recover the sum of of:ft.f
.irriw
;enie,
al
dfpihte;tir.d,s;:bn;it.n,'sif
leendants ha. money received to the plaintiff's ur:111 the
0 n an accountinthset= 0
fl_aullppeutibdieli*o7h; dos,: : juvt st
nractis.tig
e briceru. d in the sale of
the name of Scanuel to the plaintiff, and in ihe re-sale
of the same to a person of the name of Griffin. For
th,- plaintiff it was alleged that Scanned had undertaken
to pay all the expenses of the first sale, and that Griffin
was liable to the expenses of the second; that the par
chase-money had been received by the defendants from
Griffin, and had been accounted fur with the exception of
the qti/. claimed in this action. The defendants pleaded
a set-off ra. work and labour in respect of the sate to
Griffin to a greater amount than the balance claimed,
and called witnesses in support of the plea. For. the
palt
tfieiiirictsti IThLo
noitthvintsaust
oispuLsgeuetms
thetmefel
summed
ni
auriptc:,psly that t h i i . w a s only an
defendants; but the jury, after a 5..11,1 in favour of the
furtr o t ; ,h ey
or,
cboal 7.ee. ,
6 • mat:maim said 1
thy four.d a verdict for the plaintiff for the sum claimed.
, it
FA,ll‘hr
Mei
5G wr cac‘ Re: LI:
,aenks andu. ANOTHER.
3.W.liriDii..-aNtinA4Natopp eared t
for the
plain-
pleaded Payment
for assumpsit for wares. The de-
fendants
. Ili payment and
Mr- il'lddleston for the defendants.
bt hye
theP 'a i 'due.
le
nda_.
sreplied, that h„ wasa set-off.
.il-
workman,i.o theei spel o Yoeff;d
rit and that the aubj,ct mutter of the
set-off was supplied in c,ornatirvef.tic,n of the Truck Act.
the
ee
pdratienntdaranwtsarea jaciinweodirkmasaing the istue whether or no
great
deal
o_ev,..we.ithin the terms of the .
mtwtpiedwltl;elcowas offered on both
~hriscep;::t.ieti:::itili)4.:,idehita; Court for upwards of
these :—The de-
Truck Act. A
sides, the case having
four hours. The substantial fsets wereeaa
fondants were briekmakera and rail
a large scat.', and had employed• the.Phitcn'tnitytraet°:san
olverhampton.ltfrul-;
cnrn,ctor, as lie said, to get clay for the p s —l"w-
-uhegeu, for exeavue?"3E for
meld ,g hrElcs, but, as the,tynd
wl
etn6 a et
oil do
rhaierrieur,ri notthheerttura
filo plaintiff did the work in question, partly with
own
;I:::::1(lisr.;),bu1irt
was as 4 ColitraefOr,
the work which he hai enga. ed wig.:. the defeadauta to
have done for them. At tile ci.:se of the case,
.llis LORDSHIP left it to the jury to stk!, whether the
plaintiff was or was not a workman within the terms of
the Truck Ac', and they without much he.sitation found
that he was not, which was a verdict for the defendant.
CROWN .CoUtt l'.—(Before Mr. Ju.tice ERLE.)
_ Samuel White was indicted fur breaking open the
diYelling-12,01151, of JVO4S
Tanner, at Stroud, ula the 28tb

of January, 1845, and stealing a jacket and ether
articles.

Mr. Gray appeared for the prosecution. and Mr. Ket-
tle for the defence.

The facts proved were, that the arti3les were left safe
lon the 14,h January, when the house was locked up. On
the 28th the prisoner pawned part of the property, and
sold another part. o,i the 29th it was di,covered that
the huushz i bee% entered through 3 hob- made in the
wall. The_prisoner übscortded upon a warrant being
issued, and was afterwards found at Preston, in L Inca-
shire, where he had committed another offence.
Upon the prisoner being asked in the usual way vihy
he should not suffer judgment, he made a long state-
ment, and urged particularly that he bad b en already
punished for this 44fence, as the judge who sentenced
him at Lancaster, where the charge was stealing a shirt
of the v,lue of ls., told him that he was also guilty of
housebreaking at Stroud, and, therefore, gave him a
heavier punishment.
Sentence—Trin•portation for ten years.
John Campb,ll and Edward Maliews were charged
with robbing ..laria Thoil.pson, on the highway, of 10-.
Mr. Skinner prosecuted ; Mr. Sinythies defended
Mathews.

Tr, prisoner Campbell lodged a ith the prosecutrix
and her husband, to whom he owed 16s. for rent, &c.
The prosecu:rix knowing that he was to receive more
than that sum in wages, met him as he came from
receiving it, and importuned him strongly and pub-
licly for payment. Campbell at last paid 11,1. los, on
account. unseen by any one, as they were walking, and
told her she should have some more if she came to a
public-house he named. On their way thither the two
prison-rs seized her, and forcibly took away the 10=.,
which up to that time had remained in her hand, and
ran away.
Mr. SMYTHIES contended, on behalf of Matthews, that
no felony could be intended by Campbell, because
having no receipt or any witness to the payment, he
would rearoin liahl.. for the rent, and w.m1,1 not volun
tartly part wilt the money to eteal it bock in five
minutes, and that it Campbell gave the money to the
prosecutrix, as his agent to take it to her hu,barl, he
would have a right to resume the moue before it was
paid over, avid though his right to d 3 so might be
d.a.thtiul in point of law, Mattheivs might well think that
he had such a right, and if he thought so, would nut be
guilty.
The Learned JunpE directed the jury that the
wire was the agent Of her husband to receive the
money, and not the agent of Campbell to take it to her
husband.

The jury, arter consulting about 20 minutes, found
both Guilty, and strongly rectum:lie:tiled Mathews to
mercy.
Campbell wai sentenced to six months, and Mathews
to one week's imprisonment.

HOME CIRCUIT.—Croydon, August 6.
(13efore Bariin PARKE and 3 Speial .Jury.)

ARMSWORTH, EXECUTRIX. v. TilE SOUTH-EASTERN

RAILWAY COMPANY.

This Was an action brought under the recent statute
by the widow of a labourer who had been in the service
of the defendants, and who was alleged to have been
killed in consequ,nce of the negligence of tlieir servants,
to recover compensation from them for the injury she
had sustained by his death. This action was brought in
lormist pauperis.
Mr. retersdorff and :Sri.. Charnock were for the plain-
tiff* ; and Sergeant Channell, Sergeant Shee, and Mr.
Boekin, for the company.
It appeared that in January last a quanity of chalk
had fallen upon the railway in the deep cutting at
Merstham, and a number of labourers were en gaged
during. the night in removing it in trucks and clearing
the line. On the night the untortuna'e oct-urrenee took
place it ap,)ears that the deceased and above fifty other
labourers were engaged in this manner, and they had
twenty•eight ballast-trucks and two engines, and there
were four gaugers superintending the work. As stomas
the wagons were all filled the chalk was conveyed to a
placa caged Battle-bridge. near Merstbam, where it was
shot out, and it was here that the fatal accident occurred
to the deceased. According to the., evidence of the
plaintirFs witnesses the train of carriages hail arrived at
the pl.vte in question, and had nearly, if not entirely,
becoin- stationary, and the gauger had given the usual
signal for the men to take their shovels anl begin
emptying the trucks. The deceased was at this time, it
appears, sitting on the top of the chalk in one of the
loaded waggons, and while he was in the act of obeying
the order given, the engines made a sudden plunge for•
watd, causing a violent jerk, which threw •the unfor-
tunate deceased under the wheels of the train, and he
was crushed to death almost immediately. Upon the
miss-examination of the witnesses it was admitted to be
a violation of the orders of the ciimpany for any labourer
engaged as the deceased was to tide upon the loaded
trucks; and it appeared that a luggage waggon had been
sent with the train purposely for them to ride in, and
that some of the men availed themselves of it, but
others, and among them the deceased, rode upon the
trucks loaded with chalk, in order that they might begin
their work of emptying them sooner when the signal
was given for them to do so. There also did not appear
to be any clear evidence of the signal for stopping the
train having been given; and one of the witnesses, who
was exammi-d before the coroner, expressed an opinion
that the accident would not have happened if the de-
ceased hal rode in the truck that was provided for the
labourers, and had not disobeyed orders by riding upon
the truck that was loaded with chalk.

Mr. Sergeant enaNNELL, in addressing the jury for
the company, said, that, v. hatever course they might
have taken in this in Ater from tt feeling of sympathy
with the untbrtunate woman who had been deprived of
the support sit her husband under such circumstances, it
tvai impossible fur them to admit any legal liability, as
they were satisfied that the accident arose entirely from
the act of the deceased, in wilfully disobeying the rules
and regulations of his employers. The managers of
railsva)s had very great difficulty in making their ser-
va.ras obey, not only those regulations which were in-
tend- d ter the protection of the public, but even those
affecting their own safety, and in ibis case he submitted
that there could be very little doubt that if the untortu
nate man had rode in the truck that was provid,d for
him and his companions, the accident would not have
happened, and that his death was the result of his own
negligence and disobedience of orders. 'Under these
circumstances he submitted to the jury that it would be
a great straining of the statute to say that the defendants
were liable to make compensation to the widow of the
deceased; and he at the same time urged that when the
safety of the public travelling by railway so much de-
pended upon the regulations being strictly attended to,
it would Lie establishing a most dangerous precedent to
give compensatkri in avast, where the injury had been
eccasioned entirely.through disobedience and di,regard
of the regulations that had been made.
Several witnesses were then examined, from whose
evidence it appeared•that special orders were given by
the company that the labourers should not ride upon the
loaded trucks, and that the deceased had been particu-
larly cautioned on ',event( occasions not to do so. It as
also positively denied that any signal was given to the
men to commence their work.
Baron PARKE, in summing up, told the jury that they
ought not to allow their sympathy for a person placed in
the position of the plaintiff by so unfortunate an occur-
rence to operate at all upon them in deciding upon the
question, but 'they should consider all the circumstances
as in an ordinary case. The questions they had to de-
cide were, first, whether there was any proof that the
accident had been occasioned by anyti, isteecgolingdelny:ewhoenththeer
part of the defendants' servants; pods
3 was not ace ,rding to the evidence rnor, to be attri-
bute I to n.,gligence and disobedience of orders on the
part deceased.
,ih of
j theuiy, after
deliberating about 20 minutes, re-
.rter
turned a verdict for the plaintiff—Damages, 1001.; 50/.
fur the widow and 251. for each of her two childmu.

POLICE INTELLIGENCE,
MAI% SIOA-HO USE. - -
CONDUCT OF STEAM-BOAT CAPTAINS.--That LORD
MAYOR, upon taking the chair, stated that he had re-
ceived a letter, which as it contained a serious complaint
at a put&c nature, and described a practice which he
had reason to believe was becoming very prevalent, he
should notice in such a manner as would be likely to
abate the evil. Ills Lordship then read the following letter:
"My Lord,—l beg leave to apply to your Lordship
for advice how to obtain 'redress under the following
circumstances :
" On Tue.day afternoon (August 3) a gentleman nc-
companied me to the llungerford-bridge per, where we
each took tickets to ga by the seveno'clock Kew boat,
the gentleman for Chelsea, and I for K..w, where I re-
side. We waited on the pier from seven o'.-lock until
the arrival of the boat for Kew and neighbouring places,
when I paid the officer of the Iron Steam b Company
Sixpence, being the fare, and took a ticket for Kew. lie
said the Kew boat would be up in ten minutes from Lon-
don-bridge. On the arrival of the Kew boat at the pier
tw.oerdw;re summoned by the officer in charge of the pier,
who called out " Passengers for Barnes, Kew, Brent-
&c, There were a dozen who immediately
went. on:board of the steam-boat " Twilight," when I
irluirett of the captain if he went to Kew, and
was answered in the affimative. We proceeded
as fur as the Cadegan pier at Chelsea, when
the captain, to our - surprise, requested all the
passengers to go ,ashore saying he should go
ho further. To this demand we (the passengers) de-
murred, and remonstrated with him, saying we had paid
and taken tickets for Putney, Hamm«rsmith, Brenttord,
and Kew, arid objected to go on Shore, there being no
other boat or conveyance of any kind by which we could
proceed to our respective destinations from that place.
I. with several passengers, was compelled to return to
Huneerford• bridge by the same boat, in order to be
eel) veyed by someothaerdverymeans
; considerableconsequently i
we were
put to extra expense and
nience by the delay. On relanding at H.,thighearfall-
bridge pier I complained of the compan)s s }
conduct to the officer (Thomas Simms), who had handed
us on board the Kew boat. He offered no explanation,
neither did he require the delivery of any tickets from
to accept, as they
refused
)r.t:twerbrieedbttob,e)b.ut offered to some to re-
heir
nuh
freonrpmtah:esdie rn
toe.tsi
nibus.
"As Lord Mayor and Conservator of the Thames
I proceeded with five others by om -
Navigation, I tv.pe I may. with my fellow-passengers,
obtain some redress fvr this unwarrantable dereliction
of duty, and that the public mar,
through your Lird•
ship's instrumentality, receive some guarantee against a
repetition of a similar impreition.
"It appears to me the incentive to this disgraceful
t
conduct was the mercenary motive of taking on board a
vast number of passengers then walking at the Cadogan
Piterearr'eldobt6ori
at return
to w
to Li arton.
to yourLorordab
to return a list of sotne of the passengersers re-
hose request I wake this cummunicar.,:on
" g*
a 71s het
the
e'
s meet
honoutotedo remain
servant
" Your Li
or
"Kew, Avg. 51 1847." "Wm. BitOWN.

• (There was annexed a list of the aggrievt•d passe2gert.
many of whom were ladies.)
The Lord Mayor said ,ite regretted that it was no
in his power, as Conservator of the River Thames, to ip
tcrposa his authority on
jurisdiction
oci:asion, and that h.
was prevented by his limited as a magistrat.
from ordering such repa ation as he thought th
numerous eouTlaioarrs ought in such a case to se,l,
rho cours,.• whicl, in his opinion, the jadi,,, and geutlt-
trt,m woo had been so unmercifully treated were botiw
to adopt was, to apply to the magistrates of the diszri7.
in wh ch the stetvo•boat was entertd by the passenger..
under tie impression that they were to be conveyed r
their several destinations. It was usual, whvn stag-,
e mehes were in vogue, fir passengers who suffered di
appointment in cons•quence of the misconduct of v
coo, hrn tu, to hire chaises, and compel the off-nding per
9.1134, or their masters, to pay all the expenses arisitt.
from the annoying contingency. If he had happened t
13, on • of the pissengers on the oceasion c mplaine
ct he would, upon returning to tiungerord-market
ha e traliquiliy engaged a comf in:able cab to take hi
t Kew, and sent in a list of the expenses next mornin.
to the proprietors of the steam•baat. I thirty o
forty ladies and gentlemen had a !opted such a plan, the•
would never he liahle to nu::h gross ill-treatment av,ai,
Alderman G Bus said he had no doubt of the readine,
with winch the magistrates to .whom it would be nece
nary for the eomplaitrints to apply would give reparation.
It was quite evi,ient that the captain had not the excust
of the want of water, or tpf any accident to his vessel ti
plead, and that he was guided, as Mr. Br mn had state:.
by mercenary motives alone. As such was the case, i
was very proper that the punishment shouli be atlapte
to the vice by which the conduct of the captain wn
iefluenced.

IV E 57',11 INS TE R.
Yesterday Eli,ha Kemp. clerk to Mrs. Marsh, hous-
agent, 46, Park•street, Grosvener square, was fins!!.
exarnined, charged with several extensive robberies is
the houses of the Debility and gentry where he had be, I
employed.
Tao are table of the court was completely cover,'
with property of various descriptions, which termed ti.
*tfejec:. of the numerous - charges, and the court w.:
densely crowded with peewlibrok.:rs and other itnesse
e
The prisoner was orezinally apprehended upon ti,
charge
o dress,
tof the Hon. Capt r.
Scott, in Cheshate-street, lielgravee-square, the parties -
lars of which have been already detailed. On that ex tie'
stealingfr uzi s. a
the borxes
muslin ,
idette,, a very handsone containin
nation, Stephen Thornton, a sergeant of the A divesiel.
stated that he had found in the prisoner's box, after the fir
examination, 50 pawnbrokers' duplicates for property
various descriptions,to which the accused would have acce-..
in his capacity of houSe agent's clerk, he had no doubt h
could produce a number or charges against the prison.
upon which the latter was.reenanded until yesterday.
On the prisoner being plat d in the dock the churl;
of stealing a large quan ity of table and other linen, a:•:
articles of various deseriptions, frem the residence of Ca
Marchioness of Sligo, wa. proceeded with-aeuinst hi a.
Tnornten said, that on earthing prisoner's room at
14, Great Union-street., Borough.road, on the 24th tilt
he found on a ehe,t of drawers there some dupeicate,
eieht of which referred to proper.y belonging to th
Marchioness of Slieo. He also tumid in the apartenete
an ormolu candlestick and snuff:re part of a very vain.
able dinner service of china, a p-air of candlesticks,
copper pan, and other articles.
H. Winch, assistant to Mr. Barnett, St. George',
circus, produced a tablecloth and six napkins ; the firs.
pledged en Fee. 26 lust for 55., and the i.apkins on Mee.
7, fur 7s. 63.
An assistant to Mr. Tate, Cambridge-street, Golden-
-square, produced two linen sheets, pawned for Ss.
Mr. Chapin in, Of Walworth, produced a tableclo'h,
eight teepkii.s, two sheets, end two pillow-cases, pledge.
for variotie
Mr. Muslin's assistant, from the Westminster-bridge
road, exhibited two t .hdedotles ; and John Cars, jue..
127, Waterloo-road, two others.
Mrs. Awe- Taller, late eoasekeeper to the Marchione, -
of Sligo, idergifiel the whole o' the property produce
by the pawnbrokers, and part of that found by Thorne"'
in the prieiner's route.
Airs. Marsh said, teat sho had been employed by, the
Marchioness of Sligo ter upwards of ten years as hone
0-igt,!tt. The prifeeler, as her clerk, was at the house
the Manhioness, 2, Alensfield-street, Portland-place, 1:
the latter part of last yea; and begidenin.,. of the presen .
She let the house in February. She identified the chine
and some other articles produced by Thorie.on, and said
she had seen the set of china complete whilst at the
house suPeriateudieg the business of taking the inven-
tory, &c.

A servant at the house in Mansfield-street proved
having seen the prisoner there with the ormolu candle-
stick in his hand. lie said he was going luck it up.
Prisoner on being asked whether he wished to
tuak-
any reply to the charge, said " Nothing."
The second charge against the prisoner was Oat o!
stealing a qua: City of wearing apparel from the resident:,
of Viscount Jocelyn.
Thornton proved finding two duplicates at prisoner's
room, referring to a crumb-cloth, a pair of trousers, two
waistcoats, and other articl-s. also found in pri-
soner's room a glass pickle jar.
The pawnbrokers having produced the property,
Sarah R,Ae, his Lordship'..; housekeeper, identified the•
property, which was pl dged in November last. Sh,
ststed that the prisoner was engaged at the house in
Curzon- street to take an inventory at the time of
L•ordship's leaving.
Prisoner made no reply to this charge.
The next charge o.4ainst the accused was that of steal.
ing some napkins, a toilet glass, a thermometer, anti
other ardoles from Captain Bastard's.
Thornton proved finding a very handsome letter-
weighing instrument, a thermometer, and other property
at prisoner's lodgings.

Anne Gatherpole, housekeeper to Captain Bastard.
d the property produced by the officer, and als,'
some napkins which had been pawned. The original
na Arks on the napkin: had been obliterated, and the pri-
soner's initials substituted. The prisoner was employ,(l
as clerk to Mrs. M irsh in taking an inventory at Captain
Bastaru's in OCtober

Ttie prisoner made no defence.
lie was then charged with stealing a blanket, the pro-
perty of Lady I)aws,n.
The case in every restiect resembled the others. Pri-
soner was engaged` to take an inventory 01 the turnituri
in May, and on the same day the blanket was missed.
The pawnbroker proved that it had been pledged in
May.
Prisoner having again declined saying anything,
Thornton said he had othpr charges against the pri-
soner for rubbing Lord Gordon, Lady Waterpark, and
others.
Mr. BURRELL did not consider that there would be
anynecessity cases against the pri
goner.
There were airea..ly five charges, and he thought
those would be amply sufficient without putting others
to take any more
to the trouble and inconvenience of prosecuting.
The prisoner was then fully c.nninitted upon the
charges above detailed, and upin that heard on the pre-
vious occasion of stealin:. the box from the Lion. Captain
Scott.
L AMBE

Yesterday Mr- .1"" Hudson, a young man of re.
sp-ctahle appearance, the son of a timber merchant of
considerable wealth in Westminster, was placed at tk,e
bar on a charge of appropriating to his own use a 401.
Bank ..f England note that hail been lost by Mr. Edward
Church. a corn-dealer, carrying on business at 33, Gin-
son-street, Lambeth.
()n Thurslay -fortnight Mr. Church, the prosecutor,
received a 401. Bank of England note, which he phced
in one end of his purse, and on going to change it on
the following day he discovered thst there was a hole
in the end of the purse in which ho had placed it,
through which it had passed, and vLs lost. He gave
information of his loss at the Bank, and on irs being
paid into that establishment he received intimation
of the fact. lie then, with the assistance of a po-
lice-constable, ascertained that on the very dsy upon
which he bad missed it: the note had been offered to
Mr. Herring, a coachmaker in the Westminster-road
the prisoner in payment for a chaise which he hail pur-
chased for 10/., and had been changed by Mr. Baker,
the landi rd of the Oxford Arms, Westminster-road.
The prosecutor further found that the prisoner had been
discarded by his family, and not likely' to become ho-
nestly possessed of a note of such an amount, and there-
fore had him taken into custody.

piyment for a quantity of oast
the the
Royaleete
The prisoner, in the first instance, said, he had taken
froEmxcahpaenrgseo,nivi whose name he did not know, in
timber a hieh he had sold him, but subsequerr ly declared
that it had been given to him by a person named Gid-
ney, one of the witnesses who had been eallA agaite4
him. He said, that on the morning of that day fort-
night Gidney came to him, and said he had a 401. note
which he had endeavoured to get changed, but was un-
able, and rt quested he would procure it or him. They
then went together,- purchased the chaise from Mr.
,
Herring. got change for the note at Mr. Baker's, paid
for the chaise, and Gidney pocketed nearly the whole of
the difference.
Mr. NORTON
on hearinii this, and finding that Gid-
ney had since raised moneyon the chaise, ordered him
to be placed at the bar, and remanded both him and
Hudson fur further examination.

large su
IRELAND.—BELFAsT.—Under the influence of con-
tinued brilliant weather, for the growiag crops, and
have again considerably declined. In Liverpool, Indian
corn of fair quality has been sold so low as 254. per
PPlies from abroad, the principal corn markets
qtr,rter, and American flair 25.,,. to 275. per barrel.—
A orthern 11'hig.
FROST, WILLIAMS, AND JONES.--A letter has been
received from Hobart Town, by a party in M-intn,,wii,
iiniegtiatdhe,lth, but u.
ft.'" which the nillo,„,thg „ an extract,—whence it will
be seen that they have uncontrolled liberty in Van Die-
ul'n' -1-41nd:—"I SaW the Chartist,,. Frost, Jones, and
Williams, not long :since. Williams is at New Norfolk,
Frenchman, at 1,3
. " opening a shop in the general line, i. he
does not hear favourable news soon from home. Jones
unhappy;, wants to get to England.
is in partnership with a watchmaker named DuchemP, a
4as in England ; I saw him a few weeks since extrava-
gantly dressed. I believe Fro,t is living at Bagdad.
Launceston, far better off than ever he
sortie miles from here, with Geach and his wife. She
keeps a very respectable boardirz-school there in the
Milne °I. Mrs. FON ter. They- have all very great indul-
gences.—G/cueeiter Journal.
A VOICE; FRom TLIE GGUILLOTINE.--The public
cry in i.in- r of Paris having lately been dismissed from
his: plaeze• without, as he i hinks, sufficient cause, has
drawn up an-:publishei a pamphlet, in which he pleads
i.i.i. re,tocatien the ground that in the whale course
~t- his experience he has acted w•Th th! greatext kind
i.es and resp.et towards all his.. clients ; iha he has in-
varialitl.- cut off their heads iii a very neat style, and with
great disoutch, and that tie -has introduced SUMO 'im-
VOrtPat ja2PTOYAOLi.ill'the'gßillOtiiiel

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