The Sun.
London, England, 1841-06-21 00:00:00

—(Laughter,) The Learned Counsel then took an ob-
jection to a charge for " coach-hire," as not a necessary.
Lord ABINGEII—I do not know that, after having
lived as Mrs. Gundry has been accustomed to do, having
the use of two carriages belonging to her husband, she
should be compelled to walk. I will not say, under such
circumstances, her husband still being a man of property,
that she ought to be obliged to walk.
Mr. TIIESIGER said the fact was, that her husband
having got into prison, she had gone to the house to see
that the furniture was properly taken care of.
The Jury returned a verdict for the plitintiff—Da-
mages, 281. 16s.

LEWIS V. RING, ESQ.

This was an action against the defendant, a sheriff for
the county of Surrey, for a false return to a writ.
Mr. J. Jervis, Mr. Hoggins, and Mr. C. Jones, ap-
peared for the plaintiff ; and Mr. W. H. Watson and Mr.
Peacock for the defendant.

The plaintiff issued a writ against the late lessee of the
Victoria Theatre for a sum of 37/., which ultimately was
returned by the sheriff endorsed nulla bona. This return
the plaintiff contended was not correct, inasmuch as there
were many articles of property in the theatre. The ques-
tion, therefore, to be tried was whether such goods were
on the premises, and if so, whether they were available
for the purposes of the levy. The following evidence
was then given :
J. Radcliffe—Was lessee of the Victoria ; Mr. Smith
was the landlord ; ceased to be lessee on 9th March this
year ; gave it up to Mr. Smith, receiving back 50/., the
amount of his deposit as security ; the rent was paid,
but not by•himself ; knew C. Kerny Nicols, the secre-
tary to the Westminster Discount and Loan Society, in
Buckingham-street ; that person had the management
of his theatre for him from 16th January to the 9th
March ; Nicols took the receipts of the theatre duriog
that period. When Nicols took the management he
owed that party between 3001. and 400/. ; witness was
out of the way at the time. He gave Nicols the lease as
a collateral security. Never saw a person of the name of
Gibbard ; never employed him as his attorney. Did
not make a sale of the lease to Osbaldiston. Knew Job-
ling, who was his watchman at the theatre. Knew Cox,
the officer, from whom .Tobling came into the theatre
with two executions. After he had paid the executions
by instalments he took Jobling into his service, and he
made himself useful.

Mr. JEnvis—As the leg of an elephant I suppose.
—(Laughter.) Witness—Yes, anything.
Lord II3INGER—He was an actor of all work then ?
—(Laugliter.) Witness—Yes, my Lord, he made him-
self generally useful.
Cross-examined by Mr. WATSON—Jobling was the
" Blue Peter.' who had been spoken of. He left the
theatre on the 16th January. The plaintiff is the son of
Mr. Lewis, the sheriff's officer. Maurice Levy had an
execution against him. Several executions were paid
out of the theatre, but not all of them.

John Dale—Was stage-manager of the Victoria Thea-
tre from. September to March last. Of course, in that
character he had had the care of the properties. He
had acted, in the capacity of acting manager, in De-
camber, in February, ani March. Was sorry to say
he knew Nicols too well. That person took the manage-
ment after the 16th of January. An order was put up
in the hall and in other parts of the theatre, by order of
Nicols, of which the following is a copy :
"Royal Victoria Theatre.
" Under the entire management of the sole lessee, J. B.

ll;ideliffe.

" Notice.—All weekly bills or accounts of carpenters,
property-room. wardrobe, supernumeraries, bill deli-
verers, bill-stickers, firework-makers, or any other de-
partment of the theatre, and all trademen's bills accruing
doe from the 16th inst., to be submitted for auditing be-
fore seven o'clock every Friday evening for payment on
Saturday, or they will be deferred until the following
Saturday. " J. T. HAINES, Acting Manager.
" January 16, 1841."
The Wizard of the Wave, or the Ship qf the Avenger,
was an expensive piece. The properties might have cost
more than 100/. The ship was very large, and was still
in the house. There was a large chandelier, worth at
least 40/. There was no wardrobe then. There were
" moving waters" of canvas in the theatre, and timber
too, a great deal of rope, and many lanterns, which had
been bought at Braham's Colosseum. Jobling came in
at first as an offier, but he afterwards took very kindly
as an actor, and acted in a double capacity at the same
time—that was, as sheriff's officer and as actor. Jobling
was stil there as a supernumerary, for there was now no
necesiity for writs or executions.
J. T. Haines was manager of the Victoria. He joined
the theatre. 10th January, and had written the " order"'
by direction of Nicols. The winter was generally the
best part of the year, from September to Easter. Saw
Jobling and Cox there, the latter frequently.
Cross-examined—Had frequently seen Cox at the
theatre.

Osbaldiston was lessee of the Victoria Theatre.
Took it from Smith and Son. Did not pay Radcliffe any
money. The license was in the name of the landlord and
Radcliffe. He purchased 60/. worth of properties from
the sheriff under a bill of sale. Bought other things in
the theatre from Nicols. Paid 460/. fur the goodwill and
goods to Nicols ; that was in addition to what he had
bought under the bill of sale. He found the venetian
blinds in the saloon. There was a ship there, and
" shaking waters," for which he should not like now to
give more than 51. or 61. There was scenery there also.
The fittings-up of the boxes were not worth anything to
sell. He had had them taken down and thrown away.
There was a large chandelier. Had the lease at the pre-
sent moment.

Cross-examined--The gas fittings and pipes were ex-
pensive. They were the property of the landlord.
Radcliffe recalled—He had paid 76/. 12s. to the land-
lord for fixtures.

Mr. WATSON then, on the part of the defendant, said
that the return to the writ was correct, inasmuch as
there were executions already in the theatre for far more
than all the property would satisfy. There were two
of these writs which were—the one for arrears of rent,
amounting to 1601.—the other at the suit of Nicols for
3031. odd. There were many other writs. The Learned
Counsel said he would call witnesses to establish that
fact, and having done so should then be entitled to a
verdict. _ _

George Briggs, clerk to the landlords, Messrs. Smith
and Son, produced a lease from Merriman to Radcliffe
and others, dated 11th May, 1840, at a rent of 1,250/.
per annum, payable in weekly sums of 231. In January,
1841, the rent due was 160/. ; a notice was served upon
he man in possession on the 16th of January to that
effect.

Cross-examined—Was not present when the lease was
surrendered by Radcliffe.
Thomas Peach, Clerk in the Office of the Sheriff for
Surrey, produced various writs; had one of Nicols's,
which had not been returned, for 3031., and there was a
warrant upon that, dated January 7, 1841. There was
another writ at the suit of Emmett; that was returned
nulla bona ;it was issued 6th January. There was one of
Temple's, dated 19th January; returned 28th January,
nulla bona. The amount of these was 3031. Nicols;
Emmett, 25/. 12s. 4d.; and Temple, 531. 10s.
Jos. Miller valued the goods which had been sold to
Osbaldiston. The full and fair value was 699/. That value
was much above the " hammer" value.

Cross-examined—Nicoll pointed out part of the things;
he valued everything that was Radcliffe's property.
Joseph Jobiing had been employed by Cox in this mat-
ter; went into the theatre last summer; while in posses-
sion there were two warrants came at one time; he pointed
out some of the goods to the valuer, but he did not know
all of them.

Cross-examined—Went to the theatre as a sheriff's
officer, and then took a situation under the management ;
he had acted in the pantomime.

Lord ABINGER—Iie tumbled down once or twice.

Examination resumed—Could not say when he re-
ceived the warrant. Nicols was managing the theatre.
Ratcliffe was not on the premises. Cox came to levy,
and left the warrant with him.

J. Edgar—Was well acquainted with the properties
of the theatre ; he and the carpenter pointed out the
things which were not fixtures to the appraiser. He
did not point out some things which Nicols had said be-
longed to him.
Roe, carpenter of the theatre—The " Wizard of the
Wave" was done with when he joined the theatre. The
" Wizard of the Wave" was a showy piece. It con-
sumed 54/. worth of timber, and 18/. worth of rope.
Mr. JERVIS replied,
Lord ABINGER summed up. The question was, whe-
ther, at the time of the delivery of the writ to the She-
riff, there were sufficient goods to satisfy it. There was
no evidence to show that Cox had not gone in as soon as
he had received it. Then, on the 16th of January no-
tice was served on the Sheriff that there was an arrear
of rent amounting to 160/., and there had previously
been an execution put into the theatre by Nicols, for
3031. Was there, then, on the 20th of January, the
day on which the plaintiff's writ was sent, more than
sufficient goods to satisfy those two sums of 1601. and
3031.? If not, the return would be correct.—A verdict
for the defendant.

CENTRAL CRIMINAL COURT.

OLD COUR7'.

Michael Connor, aged 12, and Catherine M. Grath, aged
10, were Ndicted for feloniously breaking and entering the
dwelling-house of John Smith, and stealing one coat, one
pair of trowsers, one waistcoat, and other articles to the value
of 3/. _

The female prisoner was admitted as Queen's evidence.
The prosecutor was brother-in-law to the prisoner, and on
the day in question he had gone out, and while away, the pri-
soner obtained a key with which he entered the room of the
prosecutor, and committed the robbery with which he was
charged. The female prisoner was in company with the pri-
sorer, but took no part in the robbery.
The Jury returned a verdict of guilty.
There was another count in the indictment, charging the
prisoner. with a previous conviction, when he was transported
for ten years, which sentence was commuted. He had also
been in prison many
times. The prisoner was sentenced to
fifteen years' transportation.
Mary Hemman, aged sixty-two, was charged with
throwing her husband, Peter Hemman, on the stairs
while in a state of intoxication, and thereby causing his
death. It appeared, from the evidence of a lodger, that
the husband came home to his house in Fell-street while
drunk, and endeavoured to get into his bed-room, but the
prisoner caught hold of him by the collar and threw him
on his back, and after striking him once or twice on the
head, she allowed him to rise.- In about an hour the de-
ceased was observed standing at the door of the room,
when the prisoner came behind him and pushed him,
from the effects of which he fell with his head on the stairs.
He lay there a few minutes, and when Mr. Garrard, a sur-
geon, came with Inspector Norton, he was found dead.
Mr. Garrard stated, that, on examining the body, he
found the vertebral bones of the neck were broken, which
caused immediate death.
Inspector Norton said, that, on telling the prisoner
that her husband was dead, she replied, Thank God
for it ; I did it myself."
I.ll' Fi.i""" said, in deli:nee, th.;,i, it itiaS quite acci-
dental ; that she was trying to restrain him from
going
.to quarrel with some lodgers,
when he burst from
herp—m so dying, he fell in the manner descrthEd.