The Sun.
London, England, 1847-01-15 00:00:00

''l _R SUN,

EXCHEQUER---(THIS DAY.)

IRICHARDSON V. CARMICHAEL.
Mr. MARTIN, on the part of the defendant, moved to
set the verdict aside which upon the trial at the last
sittings after term at Guildhall, before the Lord Chief
Baron, passed for the plaintiff for a sum of 231.
The plaintiff was a bookseller and stationer, and
brought his action to recover the amount due for certain
aet:clos of stationery to the use of the Dover, Boulogne,
and St. Omer Railway, of which the defendant was one
of the members of the managing committee.
It was now contended that the verdict was against
evidence, inasmuch as no proof was given that the goods
in question were supplied to the use of the company; on
the contrary, it was proved that some of the goods were
sent to the private residence of the secretary.
Rule granted.
SIMMONDS V. MUNTZ AND SPOONER.
In this cause, which was also tried at Guildhall during
the last sittings, the verdict passed for the defendant,
with liberty for the plaintiff to move to enter the verdict
for the sums respectively of 3001. and 100/.
The plaintiff was a traffic taker employed by the
managing committee, of which the defendants were
members, of the Manchester, Southampton, and Oxford
Railway, to take the traffic upon the line of the pro-
jected railway, which was stated to be about sixty miles
in length, at the rate of 15/. per mile, to be paid in
three separate instalments, the first on the commence-
ment of the work, the second on its completion, and the
third was to be contingent upon the passing of the Bill.
The first instalment was paid, and it was to recover the
amount due upon the second and third instalments that
the action was brought. There was also a special count,
under which the plaintiff sought to recover a sum of
money for extra mileage, the line being sixty-five miles
in length instead of sixty ; and also a further sum for
extra work in various alterations and additions to the
traffic tables, and also obtaining evidence in support of
the same.
Mr. lirstvnEv now moved to set the verdict aside,
and enter it for the plaintifit for the sum of 3001., being
the amount of the third instalment, the second having
been paid into court.
Mr. Baron PARKE—The third instalment was condi-
tional. but the conditions had never been complied with,
.ind therec re that sum could not be recovered.
Mr. FIUMFREY now contended that the plaintiff was
ntitled to the tame for extra mileage, it having been
proved that the line was 65 miles in length.
Mr. Baron ALDERSON —You can only recover the
amount of the second instalment upon that item; the
record admits the payment of the first instalment, and
the third you cannot recover. Upon this ground you
can take a rule to enter the verdict for 251. only.
Upon the remaining grounds of the application, viz.,
for remodelling the traffic tables, in consequence of the
abandonment of a portion of the line, and obtaining evi-
dence, the Court also granted the rule.

BANKRUPTCY.-(THIS DAY.)
. IN RE MAYHEW.

This bankrupt, who is well known in the literary
world for his connexion with the Era newspaper. Punch,
&c., &c., came up to pass his final examination, which
had been adjourned sine die for want of sufficient
accounts.

Mr. Sturgeon appeared on behalf of the bankrupt,
and Mr. Braham, a solicitor, and one of the creditors, to
oppose. The latter claimed costs for the last opposition,
and contended that the order of the Court was, that the
bankrupt should not come up again until he had filed a
new balance•sheet, and paid the costs.
The Learned COMMISSIONER said, the general rule
was that the costs should be the costs of the assignees,
and the Court fees; to hold to the contrary, would be an
extremely bad precedent. It was for the assignees to
oppose and not individual creditors, and if costs were
allowed to them as a general rule, it would be a pre-
mium for oppressive opposition, and the bankrupt might
be subjected to great injustice.
Mr. BRAIIAM said few debts had been proved, and the
one chosen as assignee was silent.
The Learned CO3IMISSIONER-I need not remind you
that there is the official assignee, whose duty it is to look
after the estate, and it was on his report principally the
examination was adjourned. You have taken upon
yourself the duty of the assignee, besides, not being of
opinion that you are entitled to costs, I do not see why
the bankrupt should not now pass.
Mr. BRAHAM pressed for an adjournment for a short
time, for the attendance of Mr. Corks.
The Learned CommissroNEß subsequently said that
the bankrupt was entitled to pass, the subject of his
conduct might be inquired into when he came up for his
certificate.

The sth of February was appointed for the application
for the certificate.

SECONDARIES'-(THIS DAY).

RANKS V. RANKS.

The plaintiff in this action resides at Abingdon. The
defendant is a cab proprietor at Kensington. The ac-
tion was brought to recover the sum of 41. Os. 6d., the
balance of money lent. The defendant pleaded a set-off.
Mr. HAI% who appeared for the plaintiff, proceeded to
state the case, from which it appeared that the plaintiff
had been violently assaulted in consequence of his at-
tempt to obtain payment.
The Learned SECONDARY suggested that the matter
should be referred to a mutual friend, as evidence given
in a court of law between father and son tended to fur-

ther irritate the feelings of each, and to crimination and
recrimination.

Mr. PARRY, for defendant, said there would be neither
on his part, and he had offered to submit the matter.
Mr. HAIG said his client was not present, and he could
not consent.

The case was then proceeded with. The principal
evidence for the plaintiff was Stephen Hanks, his son,
who deposed to having been asked by his brother to
solicit the loan from his father. On the contrary, how-
ever, a daughter and niece were called to prove the loan
or 101. by defendant, and that the 5/. was part payment.
Notes or hand were put in with a view of showing de-
fendant had received 101. from a Loan Society to lend
his father, but the dates did not tally with the alleged
octurrence, and it was contended it was a clerical error.
The SECONDARY said, it was a very painful exhibition,
and it was not even now too late to come to private
arrangement. If not, the jury would have to say whe-
ther there had been a loan previously, and whether the
5l was to go in part payment.
The jury were considering for a long time, and ulti-
mately gave a verdict for the plaintiff.
The case lasted all the morning.

MIDDLESEX SESSIONS.
(THIS DAY.)
David Cleary was indicted for stealing a handker-
chief, the property of Henry Joseph Wood. The facts
of the case were of the ordinary character.
The prisoner, when called upon for his defence, de-
livered, in a tremulous tone of voice apparently with
the deepest feelings of contrition and a sense of acute
suffering, an unusually well-worded address to the jury,
in which he stated that he had only just come out of the
House of Correction, where he had been detained in de-
fault of a trifling fine; that he was in extreme destitu-
tion, having been refused the slightest relief both by
his father, who was in independent circumstances, and
by the parish authorities.
Be was found Guilty.

The ASSISTANT-JUDGE, in passing sentence, after
communicating with the officer of the House of Correc-

tion, said the prisoner's audacity and artful duplicity
were almost without parallel. It appeared that he had
been three times convicted of felony, twice for violently
assaulting the police, and twice fur being in a public
place for the purpose of committing a felony. The sen-
tence of the Court upon him was, that he be transported
for the term of seven years.
Upon hearing the sentence, the prisoner's whining
tone changed into defiance, and he left the bar mutter-
ing curses against the judge and the jury.
Joseph Moss was indicted for stealing a bar of lead,
the property of Thomas Ray.
It appeared that the prisoner's master bad been making
some alterations on the premises of the prosecutor, and
the prisoner being engaged in carting away rubbish,
availed himself of the opportunity to steal the lead.
The prisoner was found Guilty, and sentenced to three
months imprisonment, with hard labour.
George Mills was indicted for attempting to pick
pockets at the General Post office, on the night of the
2ith ult. •

The prisoner was one of a numerous and dexterous
gang of thieves, who infest the post-offices at St.
Martin's-le-Grand and Charing-cross, about the time
when there is the greatest rush of persons before the
closing of the boxes, and on the evening named in the in-
dictment, George Seymour swore that he felt a tug at
his pocket, and on looking round saw the prisoner close
by, and a servant of the Oriental Club deposed to having
seen the prisoner's hand in the pocket of Mr. Seymour.
A verdict of Guilty was returned, and the prisoner
was sentenced to tour months' imprisonment in the
Rouse of Correction.

Charles Dohrman, an itenerant German musician was
indicted for stealing a• cornopean, the property of a
countryman of his named Jacob Vandenbergh.
The evidence of the prosecutor was given through the
medium of an interpreter, as well as the prisoner's de-
fence.

A constable of the R division deposed to having seen
the prisoner enter the prosecutor's shop, in Rosemary-
lane, about seven o'clock in the everting, and having
watched him, owing to his manner being rather sus
vicious, he saw him take down the trumpet from a
hook upon which it hung in the shop, and after he got
into the street, place it to his lips and sound it, to lull
suspicion. After following him a short distance, he
took him into custody. The prosecutor identified the
article as his property.
The jury returned a verdict of Guilty, and the pri-
soner, who implored for mercy in broken English, was
labour.sentenced
to three months' imprisonment, with hard