The Sun.
London, England, 1840-11-05 00:00:00

ROBY V. MOSS AND ILUMPHY.

This was an action for false imprisonment upon a
malicious charge of forgery, which was tried before
Lord Abinger at the sittings in London after last term,
when the Jury found a verdict for the plaintiff, with
400/. damages.
Mr. KELLY now moved for a new trial, upon the
ground of excessive damages, and that the evidence
was false, and the verdict against the weight of evi-
dence. It appeared that a person named Callow, re-
presenting himself as a clerk to the defendants, gave
the plaintiff into custody on a charge of forgery.
Ho was taken before the Lord Mayor, who sent
for either of the defendants, but the moment they heard
of the charge they at once told the Lord Mayor's mes-
senger that they had nothing to do with the charge, and
that so far as they were concerned the man was entitled
to his discharge, and he was discharged accordingly,
but as soon as he left the Justice-room he was taken
into custody by a sheriff's officer, upon a writ of execu-
tion, issued from the office of the defendants. At the
trial one man swore that he called upon Moss, who
told him that they had a charge of forgery against the
plaintiff, and would give a reward for his apprehension.
Both defendants now swore that they were taken by
surprise by that evidence, and that it was false—no
such conversation took place—nor had they either in
one way or another sanctioned the charge or gave or-
ders for it. They called CAHow at the trial, and he
proved that he had received no orders for making such
a charge. The damages were clearly excessive, but his
clients were more anxious to have another trial in order
to clear their character from the suspicion that they
were able to trump up such a charge for the mere pur-
pose of serving a writ on any party ; and in the event
of such trill being granted they would be in a position
to show that the evidence of the only witness who con-
nected them at all with the transaction was entirely
false._llule ;ranted.

COURT OF BANKRUPTCY, Nor. 4.
IN THE MATTER OF GEORGE BONNER.
This day was appointed for receiving proofs of the
liabilities on the estate of the bankrupt, who was an ex-
tensive broker in Bermondsey, and claims to a large
amount were established. The assets were stated to
be very small.
Mr. Moseley, of Liverpool, a banker and proprietor
of extensive iron works there, appeared to establish a
claim for 6001. against the estate. In reply to Mr.
Commissioner Evans, he stated that he did not know
the bankrupt previous to the transaction, which formed
the subject of the present claim, but had advanced the
money on the security of a person who kept a regular
cash account with his bank.—The claim was allowed.
Mr. Lawrence applied to prove for the sum of 100/.,
which he alleged he lent to the bankrupt on his pro.
missory note, dated December, 1838.
Mr. Commissioner EVANS examined the claimant very
'6'4, who answered that he gave the bankrupt a 100/.
n°t°, as a loan, but he did not know the number of the
note, neither did he the person from whom he received
it, but believed it was from a person named Smith,
somewhere down in the country.
The
he
bankruptecou
could
was i v then swiorn: and very strictly
questioned as to his disposal of this note, but he re-
p ed that information as he kept no
books.

Mr. Commissioner Ev ANs said he should adjourn the
further consideration of this proof, as he was by no means
satisfied.

ac-
counts received at the Hom c-officc, from Mulgrave Castle,
state that the Marquis
THE MARQ.uis OF NORMANBY.—The
vourably. of Normanby is going on very fa-

KENSINGTON
.A.ENS INGTON n here arc about
forty-six acres to be let,-, oAnßbuilding—l
leases
; one street is
already projected to run through the melon-grounds. The
old high wall at Bayswater, west from the entrance gates
into the mall, wilt b 2 ' immediately pulled down. Alf. Lou-
don, in a published letter on the subject, says, " I do not
object to building on Kensin Tton-gardens, so much for the
sake of the inhabitants of 60E3 neighbourhood, as I do
for the inhabitants of London generally, because, I con-
tend, that from the dry soil and elevated situation of
Kensington-gardens and its neighbourhood, these grounds
afford by far the most ell ible place in the imam-
ditto neighbourhood of Lo don for walks for pedes-
trians. Let any one compare the surface of the ground in
the present li.nsington-
gar_d ens with the surface of the
ground in the Regent's_ ark, after a shower in summer, or
during the whole of the autumn, winter, and spring months,
and he will soon be convinced of the great superiority of
a gravelly soil over a clayey one for walking on. Let
not, therefore, the numerous women and children, nod in-
valids of this metropolis, be deprived of such a source of
recreation, enjoyment, and health, for the sake of a few
hundred pounds a year to be obtained by Government for
detached villas, for persons keeping carriages, to whom it
would be little more trouble to remove twice the distance
from town to situations equally good at Acton and Ealing.
Let us hope that the letting this ground for building on,
will, et all events, be put off till Parliament meets, when
the subject, doubtless, will occupy the attention of some
of those enlightened and benevolent men, of both parties,
who fell an interest in providing gardens for the health and
recreation of she mass of the inhabitants of large towns,"