The Sun.
London, England, 1841-12-23 00:00:00

RAYNER V. NICHOLSON.

This was an action to recover wages due to the plain-
tiff as master of a vessel. The case was to have been
tried by a common jury, but there were only ten jurors
in attendance, and after some time spent in endeavouring
to procure two additional jurors, Mr. Kelly, for the plain-
tiff, agreed to have the question in dispute referred.
Lord DENMAN said it was very disgraceful that there
were not more jurors in attendance. Here a party had
been obliged, from the absence of jurors, to refer his
case, which might be a matter of great importance to him.
Some of the absent jurors were fined, and a verdict
was then taken by consent.

COMMON PLEAS.-(THIS DAY.)

GREGORY V. TATE.

This action was brought to recover damages for injury
done to the horse of the plaintiff, by the cart of the de-
fendant being driven against him through the negli-
gence of the driver. It was proved that the horse at the
time of the occurrence, was worth 301., and that his
value at present, in consequence of the injury, was not
more than 101. The plaintiff claimed 201. for the de-
terioration, and 10/. for loss of labour and veterinary
expenses, and the Jury gave a verdict for the whole
amount.

Several other cases of minor importance were also
disposed of, presenting no incident of the least interest.

SHERIFFS' COURT.-(THIS DAY.)

DI`NANARA V. LISTON.
This was an action to recover the sum of 101. 10s., for
wages alleged to be due by the defendant to plaintiff.
Mr. C. Jones appeared for the plaintiff, and Mr.
Thomas for the defendant.

The defendant is a gentleman of independent pro-
perty, and the plaintiff is a labourer. The action was
brought to recover the amount named, as wages for work
done by the plaintiff, which consisted of his taking care
of a house belonging to the defendant in the Finchley-
road. The house was a new one, and fires were kept in
each of the rooms, for the purpose of airing it. It was
alleged, on the part of the plaintiff, that a contract had
been entered into between him and defendant, by which
the defendant agreed to pay the plaintiff 7s. a week. The
action was brought for 30 weeks alleged to be in arrear.
Mr. THOMAS addressed the Jury, and contended that
no such contract was ever made, and that the defen-
dant and his wife had been very kind to plaintiff's
family, and put him into the house and kept them, and
afterwards, by the influence of defendant, the plaintiff
went into the police force. Mr. Thomas put the follow-
ing letter in evidence, which caused much laughter, and
which we give verbatim et literatim :
" Mr. John liston, Esq.

" I hope you will ttake id in to consideration, and al-
low my wife a littl for her labour, for both me and my
husband been dutyful servants to, and we never thought
you would act so unkind as you have don to us. You
know that I took care of your property when you where
robed of both money and property from you, so I hope
you will consider us for our labour, or if you dont I will
wright to his lordship, and tell him you have cheated
my wife out of so -much ears, bisid I will show -you up
in the Papers, so it wont be wising to you 5 times the
sum. I hope yowill answer this letter on this day, or
you will have a Counsellor letter to-morro.—(Loud
laughter.) lam your obedint servant,
" MRS. M'NAMARA.

" No. 4, North-place, hatten-st., lisingrove."
Mr. THOMAS said the defendant was agent to a certain
Noble Lord for property in Marylebone, and this it was
to which the letter alluded. The man was put into the
house in
.question, to live till it was let, when he was to
have a gratuity. He lived rent-free, and had coals, &c.,
supplied him. It appeared, continued Mr. Thomas, that
a gentleman, or friend to the defendant, went to look
at the house, and upon asking the plaintiff the questions,
he said, being an Irishman, " Faith, Sir, the house is
damp, and the drains smells dreadful, and the rent is
enormous."—(Laughter.) This was a pretty recommen-
dation for a house that was to be let.—(Laughter.)
Upon hearing this the gentleman went to the defendant,
and told him what 'll‘Namara had said. He came
down to the house, and asked him how he could act so
ungratefully, when the plaintiff said he would not go
out of the house unless he received three pounds, for he
would barricade the house.

Mr, THOMAS then called witnesses, who proved this
statement ; and one of them deposed that the defendant
had made the plaintiff the present of a sovereign on the
occasion of his wife's lying. m. It appeared the plaintiff
was in the habit of telling peeple who came to look at
the house that it was damp, and the drains smelt, by
which the house obtained a bad charticter, and was not
let to this day.
The Learned SHERIFF having summed up the evi-
dence, the jury at once returned a verdict for the defendant

BANKRUPTCY.-(THIS DAY.)

IN RE ANTHONY LAFARGUE.

A meeting of creditors being appointed for this day
to appoint an assignee under the fiat against the bank-
rupt, who was a foreign merchant carrying on business
in Great St. Helens, _ _

Mr. CLARKSON appeared to oppose the debt of Mr.
Berger, a foreign broker, on the grounds that an action
concerning this claim was now pending in a superior
Court. The claim arose from the fact of certain con-
tracts between him and the bankrupt having been entered
into in the transfer of a large quantity of cinnamon and
other spices, and as there were similar contracts sought
to be proved by other parties, he trusted the Court would
reject the claim.
Mr. Commissioner MERRIVALE said, under the cir-
cumstances of these debts being under investigation in a
superior Court, he would not admit them yet.
Madame Lafargue, a very elderly and feeble lady,
said she was a Spaniard by birth, and allowed the bank-
rupt, who is her son, to sell out a quantity of stock, to
the amount of 5,0001., which he applied to his business
transactions.

After a few questions from Mr. Knight, solicitor to
Mr. Berger, the claim was admitted.
Mr. CLARKSON said the bankrupt's mother was the
largest creditor, and according to the usual course ob-
served in the Court should be appointed assignee ; how-
ever, he would suggest the appointment of Mr. Nicholls.
Mr. Nicholls was then chosen assignee, and the
further consideration of Mr. Berger's' claim postponed
to Friday, the 31st December.
The accounts of the bankrupt have not been as yet
sufficiently arranged to give any statement of the debts
and liabilities or the assets.

LLOYD'S SHIPPING-(THIS DAY.)
LONDON, DEC. 23.—Wind this day at noon N.W.
DEAL, DEC. 22.—Arrd from the River, Corsair for
Port Philip IHarriet, for Mauritius ; George, Cape of
Good Hope ; John and British Monarch, Jamaica ;
Atlas, Trieste ; Apame, Algoa Bay.
CHATHAM, DEC. 22.-TArrd William, Rowe, Quebec.

LIVERPOOL, DEC. 22.—Wind N.N.W.--A.ri7ived the
Marion, Campbell, from Tobasco. Sailed the Harriet,
Scott, for Bombay ; Olive Branch, for Ceylon •, Co-
lumbia, Jamaica ; Dennison, Antigua ; Jesse llarri-
son, Monte Video ; Tiber New Orleans ; Hercules and
Princess Victoria, Mobilo ; Garland, Apalachicola ;
Oxford, New York ; John Taylor, Africa ; Mermaid,
Leghorn. The William Murray, for Gibralter, and
Dennison, for Antigua, did not sail as reported yesterday.
The Fleurs, Thompson, hence to Porto Rico was
wrecked on the Island of Tyrree, 10th inst., crew saved.

DOVER, DEC. 22.—S1d. Prince Albert, Buenos Ayres.
PLYMOUTH, DEC. 22.—Wind N.E.—Arrd. Cato, Hen-
derson, Quebec; Theresa, London for Sydney. Sid. her
Majesty's ship Belleisle, North Star, Apollo (troop ship),
and Sophia (troop ship), China, with the rest of the out-
ward bound.

FALMOUTH, DEc. 21.—Wind N.N.E. to N.—Arrd.
Active, Dunble, Newport for London, with loss of jib-
boom, having been in contact with a schooner last night
off the Lizard. . _

..... .. _
SmAu.s.—The Elizabeth, Allen, from Aux Cayes,
which put in here on the 19th inst., with foremast sprung,
is discharging her cargo.

BRIGHTON AND CROYDON
RAILWAY.

No trace has yet been obtained of Mr. Wood, the late
Secretary to the London and Brighton Railway Com-
pany, although some old and experienced officers are
on the look-out for him. His defalcations to the Com-
pany are, as already stated, small ; but we regret to say
that several individuals, of whom he borrowed money
on the very ere of his flight, are among the sufferers by
his conduct.
The unfavourable state of the weather has retarded
greatly the operations of the Croydon Railway Company
in clearing the slip at New Crass ; but we are glad to
learn that the line will be again open throughout this day.
The Brighton Railway shares have experienced a great
and rapid rise this week, having advanced no less than
1 per cent. in a single day. After being as low as 35,
they were quoted on Saturday at 39 ; and yesterday at
half-past one o'clock they were 31.
Notwithstanding the delay occasioned by the slip on
the Croydon Railway, the Brighton trains now perthrm
the whole distance from Brighton to London in two hours
and a half.—Brighton Gazette.

The mails and stage coaches, which arrived in
the metropolis in the course of yesterday morning from
all parts of the country, were heavily laden with geese,
turkeys, and other Christmas presents.
The poor upon the estate of Viscount Comber-
mere, in Cheshire, are (in addition to the annual dona-
tions of beef, clothing, &c.) to be regaled with good
Cheshire ale, to drink health, long life, and prosperity to
the infant Prince (Earl of Chester, &c.), at the villages of
Audio), Wrenbury, &rton, Newhall, Burledan3, &c.