The Sun.
London, England, 1847-07-15 00:00:00

William Lund, are both farmers, residing in the neigh-
bourhood of Sheriff Hutton, near York, and this action
was brought to recover the sum of 451., for loss which
the plaintiff alleged he had sustained in consequence
of the defendant's dog having worried a number of his
sheep.
Mr. Martin and Mr. Cowling appeared for the plaintiff;
and Mr. Baines and Mr. Bliss for the defendant.

It app, arcd from the evidence of several witnesses
that on the 19th of April last, at about five o'clock in
the morning, a black and white dog, shown to be that of
the defendant, was seen along with another, a red dog,
chasing the sheep in question in a field. It was not
proved to whom the other dog belonged, though it was
supposed to be the property of a person in the same
neighbourhood. The flock consisted of small Cheviot
ewes, with young lambs. Several of the ewes as well as
of the lambs were destroyed by these dogs, and some of
them were drowned, having been driven into a pool of
water; others were very seriously injured. The de-
fendant's dog, which had usually been tied up of nights,
was seen at the defendant's house later in the same day,
lying under a table, in a " drabbled" state, and Mr.
Lund, when spoken to the same morning about the
matter, said that it was a bad job, that the dog had not
been tied up that night; that the occurrence, however,
could not then be helped, but he was willing to pay for
any damage that might have been dune by his own dog.
A difference subsequently arose as to how much the de-
fendant ought to bear of the loss; and as there had been
two dogs engaged in the attack on the sheep, he con•
sidered that he should not be called on to pay more than
one•half of the damage sustained. Arbitrators were
appointed by the parties, and the arbitrators chosen ap
pointed an umpire; but the latter, on the question being
left to him, considered the point to be one of difficulty,
owing to the circumstance of there being another dog
besides that of the defendant, and the fade in proof not
showing what portion of the mischief had been actually
done by the defendant's dog. He thought it more pro-
perly a question to be determined by a lawyer.
There appeared to be no doubt that Mr. Lund had
admitted his liabilities to some extent, and the plain-
tiff's witnesses stated that 45/. would be a reasonable
estimate of the amount of damage done to the flock.
One of the defendant's witnesses, howeitsr, stated that
about 381. would cover the whole loss, and Mr. Richard
Gatley, the umpire, said that 301. would be enough, at
the utmost.

Some discussion took place respecting the defendant
liability upon that point on which the umpire was in
doubt; but Mr. Martin contended, that while the several
owners of the two dogs could not, in such a case, have
been sued jointly, either of them might be made answer-
able for the whole damage produced by the two dogs
worrying the flock at the same time, although it might
not appear precisely in how far both dogs had partici-
pated in every item of the mischief done.
It was proved, for the defendant, that the sheep of the
neighbourhood had been several times worried upon
other occasions, shortly before the 19th of April, and
since that day. Defendant's dog was hanged on the
night of the 19th.
His LORDSHIP concurred in the view taken by Mr.
Martin, telling the jury that they must be satisfied—
first, that the defendant's dog was one of those engaged
in doing the mischief; secondly, that the defendant was
aware of the dog's being given to worry sheep; and,
thirdly, that, having such knowli dge, he, the defendant,
had neglected such precaution, in confining the dog, as
would be needful to restrain him from committing inju-
ries of this kind. It had been shown by one of the wit-
nesses that defendant was once present when the dog
had chased some sheep, and seized one of them.
Verdict for the plaintiff—Damages, 40/.

WESTERN CIRCUIT.— Winchester, July 13.
This circuit commenced yesterday. Mr. Justice
Williams arrived in this city, and having opened the
commission, proceeded to the cathedral and attended
Divine service. There are upwards of forty prisoners
for trial; and from the appearance of the calendar the
offences with which the parties are charged would seem
to be of a very serious character, several persons having
been committed for cutting and wounding. The cause
list has in it sixteen cases, three of which are to beltried
by special
,juries. Chiet Justice Wilde, accompanied by
his lady, arrived yesterday evening. This m,lrning the
business of the assizes commenced, Chief Justice Wilde
sitting at Nisi Prins at tea o'clock, and Mr. Justice
Williams opening the Crown Court at eleven o'clock.
William Boyd was indicted for having, on the sth of
March, maliciously cut and wounded Thomas Meatyard,
at Alverstoke, with intent to murder him. Other counts
varied the intent.

Mr. Greenwood and Mr. Collier were counsel for the
prosecution.

From the evidence. it appeared that Meatyard was
chh.f mate of the York hulk, lying in Portsmouth har-
bour. The prisoner was confined on board the hulk as
a convict, under sentence of transportation. About five
o'clock on the morning of the sth of March the prisoner
came on the spar deck with his hammock. Meatyard
was walking on the dick. The prisoner threw his ham-
mock carelessly off his shoulder. Meatyard requested
him to move the hammock further back, as some ene
would fall over it. The prisoner hesitated, muttered
something, and then moved the hammock as he had been
desired. In about ten minutes afterwards Meatyard
received a violent blow on the head whick knocked him
down. He endeavoured to get up, and while doing so
he received another blow on the temple, which again
felled him to the ground. He then saw the prisoner
brandishing a weapon in his hand. Meatyard called for
assistance, and one of the guards ran towards the pri-
soner, who threw the weapon at him. He was then
secured. Meaty ard's head was very much injured. lie
was confined to his bed for some time, and he had not
yet recovered. The weapon was prduced. It was a
short stick, with something tied round the end of it
with a cloth, which weighed more than a pound. Upon
this cloth being undone, it turned out that a chain was
bound round the stick, which enclosed a large iro❑ nail,
forming a most dangerous instrument.
The jury found the prisoner Guilty, with intent to do
grievous bodily harm.

Sentence deferred.
NISI PRIUS COURT.

Chief Justice Wilde has been engaged the whole of
the day in trying a case in which the question has been,
whether certain railway surveys were properly done,
and whether the sum charged was excessive.

POLICE INTELLIGENCE.
MARLBORdUGH-STREET.
Mathew Hayes and Dennis Gorman, two fellows
belonging to a gang of " mouchers," were brought before
Mr. Hardwick, charged with assaulting Mr. Wm. Butler,
coffee and eating-house keeper, No. 18, Robert-street,
Grosvenor-square, and refusing to pay for their refresh-
ments.

The prosecutor stated that about a quarter to ten on
Tuesday the two p-isoners entered hisshop, and ordered
complainant to supply them with some supper. Witness
supplied them with refreshments to the amount of ten-
pence, and prior to their eating it wished them to pay
him, as from their appearance he imagined that they
intended to do him. The prisoner ;Hayes became very
indignant at being asked fur the money, and swore with
an awful oath that he would not pay a fraction. The
other prisoner also refused to pay, alleging that the pro-
secutor deserved to lose his money for doubting their
honesty, and that if he had been civil they would have
paid him. Prosecutor, seeing what sort of customers
he had to deal with, let them eat their supper, which
they had no sooner done than up they jumped and
ru❑ out of the house. A customer who was in the shop
pursued them and collared the prisoner Gorman. Wit.
ness followed and laid hold of the prisoner Hayes. Both
prisoners, finding that they were likely to be detained,
pitched into witness and his friend right and left, and
knocked them down. Witness called for assistance, and
gave them into custody.
The prisoner GoriLan, in defence, said that he was
invited to partake of supper by Hayes. He was drunk,
and thought he had money. Hayes pleaded the same
tale, with the addition of denying the assault.
Mr. HARDWICK said it was a common practice of
such men to commit depredations upon publicans and
coffee-house keepers. It had become an every-day oc-
currence, and when ho had an opportunity of punishing
he should do so to the utmost. He should fine them 40s.
each, or one month's imprisonment, with hard labour,
in the House of Correction.

The prisoner Hayes here became very violent, and
said. the Magistrate was a humbug, and unfit to admi-
nister justice. With some trouble he was eventually
removed from the bar.
WORSHIP-STREET.

A mln named Barnet. a labourer, in the employment
of the Eastern Counties Railway, was charged, before
Mr. Broughton, the sitting magistrate, with the following
robbery:—
From the concurrent testimony of Messrs. Merefield
and Brett, employes upon the line, it appeared that the
company were continually being robbed by some of their
labourers, and that, in consequence thereof, the witnesses
were directed to watch the movements of several of
them. On Monday a number of chests of nuts arrived
by the train, and were placed in the goods vvarehouse, at
Brick lane. They had not long been deposited ere some
of the labourers were observed stealthily proceeding to-
wards the place. Sufficient time having elapsed, the
witnesses pounced upon them; they, however, effected
their escape. The prisoner, who was one of them, was
this morning captured at his lodgings.
Mr. BROUGUTON said, they were perfectly justified in
taking the prisoner into custody, and, at the suggestion
of Mr. Moseley, who holds a high official situation upon
the line, the prisoner was remanded for a few days, in
order to give time for communicating with the con-
signee of the nuts, and other matters connected with the
charge.

THAMES.ConP or were charged under
Peer Scat and Michaelo;
the following circumstances:—
Mr. John Wordsworth Robson, residing at No. 2,
King-street, Tower-hill, stated, on Tuesday he was in
the Crooked Billet public-house, when he saw the two
prisoners, who were drunk, trying to get over the bar
counter. The landlord called for assistance, and witness
with others interfered. The prisoners smashed a quan-
tity of glasses and broke two windows, and a dreadful
riot ensued.
Murray, the potman, confirmed this evidence, and
added that the prisoners came in accompanied by two
policemen who had been on duty at the Tower, and who
behaved as bad as the two prisoners, encouraging them
and fastc,ning the doors to prevent the police coming in.
O'Connor was most violent.
In answer to Mr. YARDLEY, this witness said the po-
licemen belonged to the II division, but he could not tell
their numbers as their collars were turned down.
Mr. Robson said one of them was a police sergeant,
N. 5 IL
Inspector Scott said an inquiry should be made into
the sutnect.

. YARDLEY said such conduct was most disgrace.
ful. 11e should fine O'Connor 12s. for the damn le done,
or five days' imprisonment, also ss. for being drunk, and
for the disturbance he should require him to find sure-
to keep the peke foe three wale. Scott he