The Sun.
London, England, 1847-03-02 00:00:00

DROGHEDA SPRING ASSIZES

Monday, Feb. 22.
(Before Mr. Justice Pennon)
BARRER V. TAYLOR.
This was an action brought by the plaintiff, 4-v (I,
agent, carrying on business in London, against the defeno
one of the provisional committee of the Irish West
Railway, to recover the sum of 1,1881. 65., for advertisllr
M
undertaking. The counsel for the plaintiff were ;\
tQle.Cfeeial nr.t eregair.nT .
oy,'HaAnadoßtulrb.,Kger.ncan,
l ainrd tHhoelmcoeusr:sreial
Perrin.
The facts of the case were as follows :—ln the rnontliftell
1845, the project was first started, but did not apeelr,,,,,
the public fully developed till the month of Septem'ir
the beginning of which month the prospectus wealetl
containing the names of a number of highly'r 51)„,
merchants and gentlemen who formed the provision.' ‘t,,,
rnittee. Amongst them appeared the defendant
nee
capacity capacity he was now sued. From the evidence proL'eodi
support of the plaintiff's case, it appeared that the del
had given his name to the Irish attorney to the collt
the 17th of September in that year to have his ,11,1,. ells;
fished as one of the provisional committee. ";'..
with many others, was forwarded to Londoe•_,
was in due course inserted in the PrI;toO
and also published in the Irish end Patti
daily and railway papers, and towards the latter /0
that month the defendant made an application, Wet:1110W
company's agent in Dublin, for thirty shares to he_ tee
to him. The shares of the company, however,
allotted, owing to the panic and other untovard
stances. When it was fully ascertained thentha e
otif
useless to prosecute the scheme under the t
_, 0
affairs, it was abandoned by the English portion.noule4
committee. The Irish committee, how ever, non°. ofti
meet, and have done so to the present time. Attar Vesoll4,
meetings in the month of December, 1845, it 1c,"4,10,
that Mr. Kelly, their solicitor, should be sent to Lon“-nd
authority to make arrangements with the London c°,er,
for obtaining the plans, books, and everything c°''d
with the company, and to ascertain the
this agreement the Irish committee undertook to 50;70
claims on the company, it being their intention to LPAOO
with the project. Mr. Kelly, thus armed, came
and obtained from the English committee the plans'oF
&c., and went to the plaintiff on the 31st of Decenll.4l
with an advertisement, which was duly inserted on 700
I, 1846, requesting all the accounts against the eolliV
be rendered forthwith, in order that they might he °DO?
and discharged. On Mr. Kelly's return to idst/
the committee met to receive his report. biell
soda apppiuved, and his exertions were,, reeol,r
appreciated. The committee then forthwith passe' 1-1e4_,,"
tion authorising a circular which was duly iesued,c.sef
the allottees to pay 3s. or 4s. per share towards the
incurred by the provisional committee, and thus toted t
the claims on the company. The defendant had aceuo
and at nearly every meeting as chairman, And
capacity signed all the resolutions referred to
A certified copy of the registration oithe tilt" 001:,
name as one of the committee was put in • and
~yt;1
evidence as regards the work having been executed
taken. :Asece.
For the defendant, it was contended that the ev''",olv,„
not sufficient to warrant the case going to thejnr):',.-CoV
after the two recent decisions in the English superb
the plaintiff must submit to a non-suit.
For the plaintiff; it was contended that sufficient
tetereo,
had been adduced to carry the case to the jury, and
he declined to submit to a nonsuit. nuesel,ts
Mr. Justice rs (addressing defendant's esifig"
They refuse to be nonauited, and insist on my Se-A 91'
case to the jury, and I believe they have a right to s°4l
Mr. TOMB—Very well, my Lord. Your LordshiP
course direct the jury to find for the defendant. ,s sir
Mr. Justice PERRlN—Certainly. His Lordship' ;or
ming up, said that this was an action of assumnsit„rs se
and labour done. The evidence was that the '',017,1
labour was done in London upon the orders of peg:l%i tbe'!
Campbell, Aguilar, and Stuart. It did not appearbcfast,
was any distinct communication between the defeo bong
those who authorised the doing of any matters for fdirett:
astion had been brought, at least it had not been ,r pte,'!;
evidence. It was stated that the defendant was 'sea"
sional committeeman, and having attended meeting% iieb!,(
name being published in the papers, he was said to Isis
but little evidence had been given to show that the pose,'
distinctly relied upon him or looked up to him fo,r.risols.;
His Lordship then referred to the opinions Of
Wilde and Baron Rolfe in recent cases, and said tr,,t
present action must be guided by those authoritleigtO
jury he therefore thought ought to find a verdict
defendant. of
oQ
The jury then asked leave to retire, as a difference
nion existed among them. 0601 ti
0
Mr. Justice PERRIN said the case rested on 3 - te
law, and on such a question the jury should be direcoittel
the Court ; but if they wished to consider the case ,
they had better retire. ettsetoo.
After an absence of a quarter of an hour the juc):,r,
One of the Jury.—My Lord, I am deputed by ti":.; cir
ask your Lordship whether it be a question of law °'?
tion of justice that the jury are called upon to decide
Mr. Justice PERRIN.—Law ; I told you so. to Otttoo
Juror.—There is a difference of opinion between
subject as •o what is justice; for, if we were a 11" s
consider the honesty of the case, we could not agree to
tDa
diet for the defendant. to g
ig
Another Juror. —ls it by justice or law we are • 116
Lord? nd it 15t
Mr Justice PERRIN.—It is a question of law: an f lacr'
duty of the jury to bow to the Court on a quo"- n
le
Juror.—We bow to your Lordship. decision
Mr. Justice PERRIN.—If I am wrong sly r
set right, for the d
The jury then found, as directed, a t
e 3
fendant. AA tender
The Counsel for the plaintiff shortly afterwards , per
a bill of exceptions, which was received by
his Lotus
verdict

0r;;,
Loss Or THE CARAIBE FRENICH STEAM-- bole'
Presse publishes the following letter, dated St' -bole
January 13th, 1847. describing the loss of the vessel toijoli
named, and censuring in severe language the PreciP.ln.elto
with which that vessel was abandotied.—. Nothing is "loaf'
of here but the loss of the steam-frigate Caraibe, ;yes
mantled by Admiral Montagnies de to Roque' Ab°froaitlB
o'clock Yesterday morning that frigate, returnrg
"k oat, fr
Canary islands, where she had been to convey **o St. Louts
wrecked on the coast, five leagues to the north c
_ode
A heavy fog covered the sea at the time. The °T_u";,ed bef
was aware that he was near the land, since he bad stlro.docic
from midnight to six o'clock in the morning. At al".be tine
he got up his steam to reach St. Louis, but during
e to till
she was stopped the currents had carried her so elt:s
shore that she was no sooner set in motion bY t`l„rred
than site struck the ground. The misfortune occri, pose
the moment the commander, having a doubt as to Un,fired
tion, had given orders to heave the lead. After harA4bonito
some cannon shot in order to obtain assistance, the
~ott
eod7A
ordered out the boats. Out the frigate was set.' che"
IsU
with breakers, and according as the boats were
they were swamped, and all hands in them Peris", d
„eo' will
they
the exception of ne seaman, who bught an
the disaster to St. Louis towards tenro o'clock. -1- ftter'e
population of that town instantly proceeded to tue hold°,
With unheard-of efforts they succeeded in laYing rouo'
She ropes of the frigate, and held her down to the gore'
It was by these means the crew was saved, but
fourths of the seamen would have perished had not t" pe3
„
drcr,
trepid negroes of Guetudar seized them as they pelt
into the water. Nevertheless. I saw six or seve4 grehai
with my own eyes. The landiug was effected w" olig;
precipitation, and many of the crew perished whp°
have been saved. Some boats, which arrived Irt Its"
Louis, brought ()trail the officers, and the Admiral, the
towards seven o'clock in the evening. The ship 1111;teir
total wreck, without any hope of saving her. She n'asbe let
(toned with by tar too much precipitation, for where stidrieg
the men might have remained safe on the pooP
several days. The Admiral bivouacked with the crew(,',ible.
sea shore, in order to save as much of the stores as Pc)--e
and they still remain there. It is a great misfortiti'lle
France, and a great misfortune for the Admiral. Poellt
indeed truly unlucky to have lost a superb frigate Wive!
any reason with twenty of his crew drowned
were several soldiers on board the Caraibe who
from the Pepin when she was wrecked, and were,,
sequently on tapard the Caiman when she went ashore 'foir
The Tribunal of Commerce of Paris was on 'i":„.cud
day troubled by an unusual act of violence. A case of "jot
was being argued, in which damages were demanded 1,0410"
a man named Wuv. The counsel for the plaintiff, M. Nit' of
Leroy, was pleading, when Wuy suddenly rose, rushed ,
to where the Learned Gentleman was standing, and SPntielli'
his face. This conduct caused for the moment great r,i"."r te
sion, and the presiding judge at once ordered the offellie
be taken into custody. M. Martin-Leroy immediatelY'-sof
" The outrage which you have all witnessed cannot it'oseil
way lower me, and I despise it; hut, as it might be opq to
that any language I might use was actuated by anger a tbe
conduct of the defendant, I demand permission frond 00
Court to desist, and to allow the case to be deliberateurofe
without any further remark from me. Further, to 'boys
to the man who has thus insulted me how much lam 010
such an affront,l entreat the court to use indulgence towered
red
him for his conduct." The President immediately ortlediS
the offender to be removed from the court, and plarbia
custody in a common prison until interrogated Wirivil
twenty-four hours, as prescribed by Art. 91 of the s':oel
Code, subject further to such punishment as the crilotte•
courts should think fitting to impose. NVuy was the° eel
moved. The President then addressed the learned coog,
as follows :—"The Court has to express to you all the lnunlei
nation it feels at the outrage just offered to you, and is b,lres
in being able to testify that the moderation of your aujideoo
in no way called for any such violence. The Court has
to express its hope that the prompt committal of o°,l°o
fender, and the punishment subsequently to be inflicte-tfo
him, will prevent a repetition of such conduct. As t,°,,io
case under consideration, the Court will examine it iv"",
usual impartiality." The sitting was then brought 'D
clost. amidst some agitatien.
130
THE INCONVENIENCE OF A RED FACE.—M.• -110°0
Thraves, a respectable farmer, residing at Edmont res
Lodge, near Market Overton, appeared before the magistrgtha
at the Town-hall, Stamford, on Saturdalast, undelnot
following aggravating circumstances --About 11311.60 -
three o'clock in the afternoon of Tuesday week, being , of
dlemas Fair, Mr. Thraves. in company with Mr. neVee-
Clipsham, was standing in the High-street, giving "
ur-
lions to his son relative to some beast he had that day P)i
k
chased, when policeman Mitchell stepped up and asked d t
Thraves his name and address. The three were surprise:o6a
the inquiry, but Mr. Thraves instantly furnished the delsriort,
information, and soon afterwards walked towards Mr.
monger street, when Mitchell followed them, and asked
Thraves his Christian name ; he, considering this s,vieff
application a rude annoyance, refused to tell him. ~,,vor
days afterwards he was summoned to appear at the iu
hall, as above mentioned, to answer a charge of drunkeig.ere
He attended accordingly, and Mitchell and two other vthe
gave evidence to the effect of his being intoxicated. On „it
other hand it was sworn by Mr. Hack and his son, As ~„"
as the servant of Miss Hack, that such was entirely untrue
conw.
Upon cross- examination the policemen stated their
tion that the defendant must have been in a state of intol“st
cation, not only from the circumstance of his jolting agau:so
his two companions as he walked down the street, but str
from his having a very red face. The magistrates had oenj:d
demonstration that Mr. Thraves, even at that early Pe,r,ich
of the day, was blessed with a colour, a portion of VII .
thousands in the smoky districts would be happy to possess!,
and they unhesitatingly dismissed the summons.— Stantfer'
Herald.
gr.
ALLEGED CHILD MURDEI.—On Saturua
lrn
William Payne held an inquest at the Three Nuns as:efi'
Aldgate, on the body of a full-grown newly-born male
name unknown. William Baker, No. 1, Carter-place,
cliff, said that on Thursday evening, about seven oclocle, n2l
was in the Crescent, in the Minories, when he law a Pr cv_
on the sill of the Seamen's Register-office. He called.
policeman, who found the contents to be the deceased,
was wrapped in a piece of flannel and a strip of black c_o.w7
smbiltcal
Mr. Ball, a surgeon, of Jewry-street, said that the
cord had been burned off. He made a post mortem exanniv"::
tion of the body,/L
and from the state of the right lung, he
of opinion that the deceased had breathed. He had 110 e
r 2:
infante to live hours without the lungs being completely ui
aated. Verdict—" Found dead."