The Sun.
London, England, 1847-02-01 00:00:00

THE SUN, LONDON, MONDAY MOR NIN G, FEn RUARY l, 1847

LAW INTELLIGENCE.
VICE CHANCERY COURT, Jan. 30.
(Before Vice-Chancellor Sir J. WIGRAM.)
LETTS P. THE BLACKWALL RAILWAY COMPANY.

This was a suit instituted against the Blackwell Railway
Company, for compensation for the loss of tithes, so occa-
sioned by the construction of their railway. The facts have
already appeared fully in The Sun.
His HoNoun delivered judgment to-day, and decided that
in the case of certain houses specified in the bill, the com-
pany should pay 2s. 9d. in the pound, in that of others the
rate originally paid, and with respect to some other points he
reserved his judgment.
The cause was ordered to be mentioned the first day after
term.

(Before Vice-Chancellor Sir J. K. BRUCE.)
310XUAY V. INDERWICK.

This suit was instituted by the plaintiff, who is the
well-known proprietor of the Hall of Commerce, for the
purpose of enforcing a contract for the sale of the in-
closure in Leicester-square. In 1839 the inclosure was
put up for sale on behalf of Mr. Inderwick, by Mr.
Robins, and was purchased by a Mr. Hyams, for the sum
of 4501. Hr. Hyams then entered into a contract with
Mr. Moxhay for the sale of his purchase. It appeared
that at the time of the auction it was stated in one of
the particulars that there was a covenant in the criginal
lease to prevent any purchaser from building upon the
land. The defendant being now called upon to
complete the contract, refused to do so unless the
purchaser would enter into a covenant similar to what
he had himself entered into not to build. It appeared
that the purchaser had now delayed the completion of
the contract for three years, but having recently been
informed that the covenant not to build did not run with
the land, and could not be enforced against him, he had
now commenced these proceedings. It was obvious
that there would be a very material difference in the
value of the land, since, if it were built upon, it would
be worth several thousand pounds, instead of the pur-
chase-money, 4501.
His HONOUR thought that there was sufficient evidence
to show that the purchase must be completed. He did
not see that there was any case made out of abandoning
the contract, or of Inches in coming for its completion.
He should, therefore, direct a reference to the master to
approve of a proper conveyance under the contract, as
to whether the covenant not to build could now be en-
forced. That would be a very difficult question, and
would require much argument. At a future time it
would be necessary to try that question in a court
of law.

COURT OF EXCHEQUER.—Jan. 30.
(Sittings in Banco.)
After the motions had been brought to a conclusion,
the Court ordered the "new trial " paper to be called on.

Mr. Collett, M.P., had sent with that view. He also stated
that the warrant under which the punishment was inflicted
was signed before the meeting of the court-martial, and
that it was most improbable that a commanding officer,
under whose direction it was called, would modify the punish-
ment which they considered ought to be inflicted. He
also replied to the various articles which had been pub-
lished in the newspapers reflecting upon his conduct. .Now
he (Mr. Cockburn) did say that such language and such a
proceeding on the part of Mr. Wakley disentitled him to
the interposition cf the Court. After the inquest had been
held—immediately of of--he came forward and presided
at a public meeting, and in an inflammatory speech,
fresh from the exercise of his public functions, ad-
verted to the circumstances under which that in-
quiry was made.—the circumstances which occurred
at it, and questioned the authority of the court
martial, and those who sat at it—a line of conduct most
reprehensible in one filling a judicial situation. Therefore,
he repeated, that he was not entitled to the protection of the
Court. The affidavit went on to set forth that an advertise-
ment had been published in the Lancet, which he ( Mr.
Healey) believed was inserted for the purpose of raising
subscriptions for Mr. Wakley, for the way in which he had
conducted the inquiry. He might truly say, that Mr.
Wakley was the proprietor of the paper. Then Mr. Wak-
ley had adopted an excellent plan to combat the statements
put forward in the Medical Times, as, in reply to a question
from Mr. Craven Berkeley in the House of Commons, he stated,
no doubt well knowing that it would find its way to the
public that the alleged libel " was written by a stupid
lawyer, who knew as much about medical matters as the
Hon. Member, judging from the way in which he had read
it." The next affidavit was that of Dr. Reid, who was ono
of the army medical staff, and who stated that the man had
died from pleura, or inflammation in the lining membrane of
the heart, and complaining that the conduct of Mr. Wakley
had caused the evidence of the medical gentlemen to be
looked upon with suspicion. Next there was the affidavit
of Mr. Day, who was the surgeon first appointed by the
jury. He stated that he examined the body with Mr.
Wilson, and that they agreed as to the cause of
death ; and that, remembering that concurrence, he
was surprised at the ttcimony which ;Mr. Wilson
gave at the inquest, namely, that the contraction of the
muscles during the punishment bad caused inflammation,
which ultimately led to the unfortunate man's death. lie
also complained that Dr. Warren and the other medical
gentleman were not treated with that courtesy which they
had a right to expect from a court of justice. The medical
gentlemen were not allowed to be present in the court
during the last day, thus again acting in opposition to the
usual practice, and casting suspicion on their testimony,
whereas Mr. Wilson was ushered in with a sort of flourish,
as a most competent person to speak to the nature and ap-
pearances of the human skin; he was first asked if he had
not published some books on the subject. He said he had,
adding that they were out of print, and that he could not recol-
lect their titles. Might it not be affirmed, with considerable
truth, that Mr. Wakley knew the opinions of Mr. Wilson on the
subject of corporal punishment, and that be employed him in
order to destroy the testimony of the other medical gentle-
men? After some further remarks, he concluded by trusting
that the Court would discharge the rule.
_ _ _

Mr. BALLANTINE followed on the same side. He referred
at length to the summing up of Mr. Wakley at the inquest,
and held that his conduct, in the whole matter, was more
like that of an advocate than of a judge ; that
he had influenced and prejudiced the minds of the jury, and
that his great object was to create for himself popularity,
and not the promotion of the ends of justice. When he read
the report of the meeting at Exeter Hall, it struck him that
the address which he delivered placed him wholly beyond
the interposition cf tie Court. Dr Hall, from whom an affi.
davit could not be obtaii;ed on account of his being at the
Cape of Good Hope, agreed with the other medical gentle-
man that Mr. Wakley bullied them, and completely nullified
their testimony in the minds of the jury. Then the speech
at Exeter Hall contained terms as strong as those of the
article of which he complained.
The ATTORNEY-GENERAL then proceeded to address the
Court in support of the rule. He said he was more inclined
to believe that the sentiments of his Learned Friend ( Mr.
Ballantine) were those of his 'client ,than sentiments in
which he could participate with any sincerity, because he had
charged Mr. Wakley, if not with having committed perjury,
with having sworn jesuitically. A direct attack had been
made upon Mr. Wakley in his capacity as coroner; but he
should show that the conduct of Mr. Wakley, in this re-
spect, was above reproach, and he should prove this by the
very tests which his Learned Friend (Mr. Ballantine) had
applied, as he should refer in proof of it to the reports
of the proceedings which the defendants had had
verified on oath. Now the libel was published two days be-
fore Mr. Wakley had arranged to sum up the evidence, and
to bring the inquiry to a close. On first meeting the jury,
Mr. Wakley stated that the line of investigation he should
pursue was this—first, to inquire into the man's health at the
time he was punished; and next, into the punishment itself.
The inquiry proceeded, therefore, in its natural course—in
the course laid down at the commencement. On that occasion
he stated that he considered it most important that the spine
should be examined, as the man's legs had been paralysed two
days before his death. Mr. Day was appointed, but on being
examined he stated that he could give the reason of Lis
his death without such an examination. But the jury con-
sidered that the spine ought to be examined, and desired the
coroner to nominate a proper person to do so, and the inquiry
was adjourned.
Lord DEN3IAN said it was admitted that the inquiry was
properly conducted, and that the summing up of the coroner
was proper and temperate. The proceedings were be-
fore the Court, and were verified by affidavits. Now,
he did not think that there was anything in
these proeeedings proving misconduct of any kind.
He thought, therefore, the Court might save the Learned
Counsel a deal of trouble by informing him that they consi-
dered his conduct in that particular respect unimpeachable;
therefore the question would turn upon the conduct of the
coroner towards the medical witnesses.
The ATTORNEY-GENERAL thanked the Court for this inti-
mation, and proceeded to deal with that part of the subject.
After reading the alleged libel at length, and commenting
upon the various expressions used, he asked what they could
think of the conduct of the defendant in publishing
such an article on the very eve of the- close
of the Inquiry to which it referred—an article
which charged Mr. Wakley with hinting conjec-
tural replies to private soldiers, with wishing to bring a
charge of murder to the door of a respectable medical
practitioner (Dr. Warren), and, fading him, the commanding
officer, and, failing him, the farrier; with traducing the cha•
racter of a justice; with dividing fees with his " man of all
work," Dr. Wilson; and with seeking popularity in order to
help his fortunes at the next election? Did Mr. Healey mean
to set up that he did not know who wrote the article which
imputed such motives? •.
Mr. BALLANTINE said he had sworn that he did not.
The ATTORNEY-GENERAL said much stress had been laid
upon the speech which Mr. Wakley had delivered at Exeter
Hall. It was very natural for Mr. Wakley to have adopted
such a mode of making his sentiments known ; few,
he apprehended, in that court would like to retract
such expressions as those used by Mr. Wakley on that oc-
casion. Then, the medical gentlemen were excluded from
the'inquest and from the post-mortem examination, by the
wish of the jury. But even if that was indiscreet, did that fur-
nish Mr. Healey with any pretext for publishing such a libel ?
He apprehended also that the Act referred to with respect to
the examination of medical men had not been unheeded but
complied with. lie concluded by expressing a hope that the
Court would make the rule absolute.
Lord DENMAN said he was at loss to understand why the
medical men who had first seen the body, and who were
ignorant of the fact that the man's legs h-ad been paralysed
two days before his death, were excluded from the last ex-
a:nination of the body.
A
The ATTORNEY-GENERL said the medical gentlemen
who were excluded knew that paralysis had taken place.
The jury considered that the examination should be made
by a medical man from London, and that none save Air.
Wilson should be present.
Mr. BilastwELL briefly addressed the Court.
The Cocnv took time to consider their decision, and
desired to have the affidavits on both sides, which were
handed in.

COURT OF COAIIMUN PLEAS, Jan. 30.
BEAUMONT V. BRENDF.N.
had seen at the plaintiff's shop
This was a case which was tried on Wednesday last, before
at the back of the shop for him.'
Mr. Justice Coltman, and a verdict was given for the plaintiff
for the amount claimed. The action was brought by a
doachmaker to recover the price of a carriage, which the
adnefdenodrdaenrte,dittowbase
On Monday, the 15th, by the defendant's order, the carriage
was sent home, and he was driven out in it that day, but on
Monday it was returned, and bad never been paid for.
Two points had been raised—whether there was
of the goods within the statute of
an acceptance put
tegasel
frauds •, and if there bad been an acceptance, whether
it had not been on the Sunday, and therefore void.
The Learned Judge gave leave to move on these points to
enter a nonsuit.
Mr. PRENTicr now moved for the rule, contending there
was a distinction between delivery and acceptance, and that
if
even
there
was a good delivery, which he submitted there
was not, still there bad been no acceptance.—Rule granted.

COURT OF BANKRUPTCY, Jan. 30.
lIE DONALDSON.
This bankrupt who had carried on business as a coach-
maker in Regent-street and Margaret-street, came up to
pass his last examination.
The bankrupt said he WAS not prepared with his accounts
as they had not been properly made out.
The Learned CONIMISSIO RNO said accountants were not
recognised by the Court, it was the duty of the bankrupt to
make up his accounts.
The report of the official assignee was put in, from which
it appeared that the sums entered in this account appeared
to have been arrived at by guess work or balancing one item
against the other, although there was a ledger, day-book,
cash-book, journals, and other materials fot making a perfect
account.
The bankrupt said it was all the fault of his accountant.
The Learned COMMISSIONER--I repeat that we do not re-
cognise accountants here; thus it is that bankrupts attempt
to deceive the Court, letting accountants make out a specious
account, which the bankrupt signs and swears to.
The bankrupt said he had refused to sign it or swear to
it, but he could not get the accounts in time to make one
out according to the rules of the Court.
The Co3tmisstorata said it was quite clear that the bank-
rupt could not pass on these accounts, and the estate ought
not to be put to the expense of another meeting, but as the
official assignee (Mr. Green), who always took a kindly part,
had expressed his belief that the bankrupt was an honest
man, he would adjourn the case for a short time for proper
accounts, but this case ought to be a warning to all bank-
rupts.—Adjourned accordingly.

Robinson and
KEEPING LA OHNops.ooit7,,,st.ErAsmEs.loAns,! S.
Joseph Smith, who were indicted some time since for keeping
a disorderly house in Hare-court, .Aldersgate- street, were
called up to receive judgment.
Mr. CLARKSON stated that at the last session he made an
application for the recognizances to be estreated, as the de-
fendants did not appear, and they had not abated the
nuisance. Mr. Posten, the vestry clerk, proved giving de-
fendants notica to appear, but they laughed in his face—
there being, however, some slight irregularity in the notice,
the Court had directed other notices to be served for this day,
which had been done, and immediately afterwards it was
thrown out into the street.
Evidence was adduced to this effect, and
The RECORDER said it must be stated on Affidavits.
A man got up to say he had taken the house, and was
going to open it on Monday in the chimney-sweeping line.
He took it last week of Mrs. Robinson's servant, who kept
the house.

The RECORDER (to Air. Clarkson)—Here is a lucky thing
for you. This man is just the one to prove the occupancy.
Let him be joined in the affidavit.
The witness, who had evidently gone up thinking by a
side-wind to assist the parties,
seemed somewhat surprised
at the turn affairs had taken. lie said he had only come
up to "claim protection," as he meant to carry on trade.
The RECORDER said the parish officers would not interfere
with him if he only carried on legitimate business.
REMOVAL OF A PAurzn.—ln a parish appeal against the
removal of a pauper, Mr. PAISHLEY handed in a consent by
COULUieI ()a both sides, that the oider should be quashed, ply

the ground that the pauper was irremoveable under the last
Act, which prevented paupers from being removed after a
residence of 5 years in the parish in which they became
liable. A note to that effect was marked in the hope that
the Court would have it i❑ the order, to prevent any future
removal.—The order was quashed.

his worship of this fact, and to add that she had been at
once acquitted on the ground of insanity, a defence
which h• should urge in the present case. He thf.n
culled the prisoner's husband, who stated that his wife
had been tried in June for stealing a shawl from the
grounds of the Duke of Northumberland, at Isleworth,
during aftte given there, and added that she had been
acquitted on the ground of insanity. He also said ttiat
after the trial one or two of the jurors had called on
him, sympathised with him, and said that they should
have taken the shawl themselves under similar circum-
stances,

Mr. E. Lutoz remarked chat from this it would appear
that insanity was not alone the grounds of acquittal.
The question of insanity was one for the consid,rati,m of
the jury, and he should certainly send the case fur trial.
Application was then made to the magistrate for the
restoration of 6/. odd, which was found on the prisoner
when taken into custody, but he only allowed 11. of that
amount to be returned.
WANDS WORTH.
William Barber and D. Stunner were charged with
stealing a quantity of wooden sleepers from the experi-
mental railway on Wimbledon-common.
It appeared that three years ago the scheme of a
wooden railway was carried out at Wimbledon, under
permission of Earl Spencer, the lord of the manor, It
was in the form of the figure nine, and a mile in length,
extend.rg to the mill at Wimbledon. common. Guard-
wheels were used in addition to the wheel of the ordi-
nary railway carriage. It ultimately proved a complete
failure, and recently the wooden sleepers were sold for
firewood, Barber was observed by Police-constable
Cowper to convey away a number of the blocks in two
sacks, and these were afterwards found in Stanmer's
yard.
Mr. PAYNTER said there was no proof of a guilty re-
ceiving on the part of Stanmer, and he must be dis-
charged. He should commit Barber fur trial, but would
accept bail.

MARKET NEWS.-(SATURDAY.)

COVENT-GAtt,DEN
Pine Apples, 63 to is; Hot-house Grapes, 5s to 6s per lb
Dessert Apples, fis to 8s per half-sieve ; Kitchen ditto,
4s to 6s per bushel; Oranges, 8s to 15s; and Lemons, 9s
to 15s per 100; English Filberts, 95s to 105 s per 1001bs ;
Cabbages 8d to is 2d ; Red ditto, 2s to 4s ; , per dozen ;
Potatoes,9s Gd to 12s per cwt ; Horse-radish, 2s to 4s per bundle ;
Turnips, 2s to 2s 9d; and Carrots, 4s 6d to 7s per dozen
bunches; Celery, is to 2s 3d per bundle; Onions, 5s to 8s
per bushel; Mushrooms is 9d 'o 2s per pottle.

NEWGATE AND 1.313.A.D EMI ALI.
Owing to the large arrivals of country-killed Meat, the
general demand to-day was heavy, at our quotations :
Beef, from 2s 6d to 3s 6d; •Mutton, 3s 4d to 4s 4d; Veal,
3s 10d to 4s 8d; and Pork, 3s Gd to 4s 8d per 81bs by the
carcase. Turkeys, 5s to 10s; Geese, 4s 6d to 6s; Ducks,
Is 6d to 2s 3d ; Tame Rabbits, Is Gd to 2s; Wild ditto, 10d
to Is 8d ; Pigeons, Gd to 10d each ; Surrey Fowls, Gs to 9s;
Chickens, 4s to 5s fid ; and Barn-door Fowls, 3s 3d to 6s per
couple. Eggs, 13s to 16s per 100; Fresh Butter, is to Is 3d
per lb; Pheasants, 3s to 4s; Partridges, is 3d to 2s Gd;
Flares, 2s to 3s; Teal, is to is 3d; and Wild Ducks, is 9d
to 2s 9d each.

NEWPORT.
Beef, from 2s 8d to 3s 8d; Mutton, 3s 6d to 4s 6d;
Veal, 4s to 4s 10d; and Pork, 4s to 4s 10d per 81bs, by the
carcase.

BILLINGSGATE.

Turbots, 63 to 17s; Brills, 2s to 6s; Cod-fish, 3s to
9s ; Haddocks, 9d to is 6d ; Whitings, Gd to 9d ; and Lobsters,
Is 3d to 3s each ; Soles, 8d to 3s per pair; Smelts, la 9d to
3s; and Thames Flounders, is Gd to 2a per dozen ; Eels, 9d to
ls ; and Crimped Scate, 8d to led per lb; Mackarel, 22s to
30s per 100.

WHITECIZAPEL.
Beef, from 2s Sd to 3s 6d; Mutton, 3s 8d to 4s 4d; .
4s to 4s 10d; and Pork, 3s 8d to 4s 8d per 81b•.

11UNGERFORD.
We had very slow inquiries for most kinds of produce, and
previous rates were not supported.

BREAD.
The prices of Wheaten Bread in the metropolis are from
10d to 100; of Household ditto, 74d to 91(1 per 41bs loaf.

BIDE MARKET.
Market Hides, 561 b to 641 b, 2►j.,d to 3d per lb; do. 641 b to
721 b, 3d to 34d ; do. 721 b tc. 801 b, 312 d to 334 d ; do. 80Ib to
881 b, 3(1 to 4d; do. 881 b to 961 b, 41,4 d to sd; do. 961 b to
1041 b, 51/2d to 6d ; Calf Skins, each, 4s 6d to 6s 9d ; Horn
Hides, 13s; Polled Sheep, 4s 8d to 5s 8d; Kent and Half-
breds, 4s 4d to 5a 2d ; and Downs, 3s 6d to 4s 6d.

HAY NIA stILET
S➢IITHFIELD.— Meadow Hay, 215 s to 31 15s; Clover ditto,
31 8s to 41 16s ; and Straw, 1/ 8s to 11 13s per load.
A full average supply, and a sluggish demand.
CumbEnt..AND.—Meadow Ilay, 218 s to 3/ 18s ; Clover ditto,
31 5s to 41 14s; and Straw, 11 lOs to 1114 s per load. Supply
but moderate, and trade tolerably firm.
WHITECHAPEL.—Meadow flay, 21 5s to 31 15s; Clover
ditto, 3/ 5s to 4118 s ; and Straw, 1/ 8s to 11 13s per load.
Trade dull, at late rates