The Sun.
London, England, 1841-12-24 00:00:00

CLARKE V. CLARKE.

This case, which was reported in The Sun of Tuesday,
was again mentioned yesterday afternoon.
The MASTER of the ROLLS said that he had considered
the matter, and was of opinion that the proceedings were
regular. The application that the bill might be taken
pro confesso must be granted.

VICE CHANCELLORS' COURT, Dec. 23.
(Before the VICE-CHANCELLOR Of ENGLAND.)
THE ATTORNEY-GENERAL V. THE GREENWICH RAILWAY
COMPANY.
Mr. WOOD, on the part of the defendants, made an
application to the Court to alter the words of its late de-
cision in this case, as they appeared in the minutes of the
Registrar. It appeared from the statement of Mr. Wood,
that his Honour had made a certain order, adding the
words, " on condition nevertheless that the Attorney-
General do prefer an indictment" against the Company,
leaving it to the Attorney-General to proceed or not in
the way specified, as he might think proper. The words,
however, appeared in the minutes of the Registrar as fol-
lows :—" And let the Attorney- General proceed by indict-
ment," which would compel him to proceed. The Registrar
stated that he had copied the words of the decree, in
part, from memory ; and admitted that his Honour had
used the words " on condition nevertheless," although
they were omitted in the minute.
Mr. BETHELL (who appeared for the Attorney-Gene-
ral) objected to the making any alteration in the minutes
of the Registrar. Such a course would establish a very
inconvenient precedent.
His Hosrona said that he was not inclined to alter the
minute. If there was anything wrong, the defendants
must have the case re-heard.
Mr. Wool) said that he feared the matter would cer-
tainly come to that.
The application was then dismissed, but without costs.
(Before Vice-Chancellor KNIGHT BaucE.)
His Hosiona was engaged during the whole of the
morning in hearing a continuation of the arguments in
the part-heard case of Cockburn v. Singleton.
(Before Vice-Chancellor WIGRAM )
RAINE V. CAIRNES.
MS HONOUR gave judgment in this cause. The plain-
tiff was rector of the parish of Meldun, ir: the county of
Northumberland. The parish consisted of between
900 and 1,000 acres, the whole of which had been pur-
chased by the defendant, Mr. Cookson, from the Green-
wich Hospital in the year 1832. The object of the suit
was to have it declared that-the plaintiff was entitled to the
payment of tithesin kind ; in answer to which the defendant
alleged a modus of 131. 6s. Bd. from the year 1637. It
appeared as a fact that Mr. Cookson purchased with ex-
press notice that in 1823, the year after the institution of
the present rector; an agreement had been come to be-
tween Mr. Raine and the Hospital, that in consideration
of the former giving up some arrears of rent he should in
future receive tithes in kind. His Honour then com-
mented at great length upon the evidence as to the
modus, and the inference to be drawn from the receipts,
and observed. =that there was nothing 'upon the face
of the-receipts to show that they were inittft aatisfactiou

of tithe in kind, whilst the earlier ones, which were the
most worthy of the attention of the Court, were quite
opposed to the notion of a modus. The word "modes" no
where appeared in evidence. His Honour, after referr-
ing to several cases, gave judgment for the plaintiff with
costs.

COURT OF QUEEN'S BENCH, Dec. 23.
(Sittings at Nisi Prius at Guildhall, before Lord DEN-
MAN and a Special Jury.)
HENNIKER v. WIGGE AND OTHERS.
This was an action brought by the plaintiffs, trustees
of the East of England Bank, to recover the sum of
1,0001. and interest, being the amount of a bond entered
into by the defendants, who are farmers and cattle-deal-
ers at Saxmundham. The bond was executed in Ja-
nuary, 1837, and subsequently Lionel Wigge, the party
in whose favour the bond was executed, became a bank-
rupt, and the action was brought against the other de-
fendants as sureties, to recover the amount with interest,
being 1,1931.
After evidence had been given on the part of the plain-
tiffs, it was agreed to refer the accounts as they appeared
in the banker's books, to a reference, and a verdict was
taken by consent.

RAYNER V. NICIIOLSON.

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.

ELWIN V. GALLOWAY AND OTHERS.
This was an action upon a charterparty to recover a
balance of freight and demurrage, amounting to about
601. The defendants, Alexander Galloway, Brothers,
and Co., had a quantity of machinery to ship for Malta,
and it was agreed that the goods should be sent on
board a vessel belonging to the plaintiff called the Union,
of 262 tons burden. The freight was to be paid in the
lump, amounting to 5101., but there having been thirty-
two days expended in loading the vessel at the London
Docks, it was agreed that a further sum of 101. should
be paid on that account. The defendants gave a bill for
4861., and had paid a further sum of 321. 10s. into Court,
and the action was brought to recover the balance,
amounting to 241. odd.

Witnesses having been examined to prove the case on
the part of the plaintiff,
Mr. ANDREWS addressed the Jury for the defendants ;
and after a lengthened investigation of the accounts, and
the custom of the trade as to hoisting, stowing, demur-
rage, and commission on freight,
Lord DENMAN summed up to the Jury, who returned
a verdict for the plaintiff-191. 18s. 7d.

COURT OF COMMON PLEAS, Dec. 23.
GREGORY U. 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 30/., and that his
value at present, in consequence of the injury, was not,
more than 10/. The plaintiff claimed 201. for the de-
terioration, and 101. 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' CO URT, Dec. 23.
M`NAMARA V. LISTON.
This was an action to recover the sum of 101. 10s., for
wages alleged to be clue 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 M‘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-in. It appeared the plaintiff
was in the habit of telling people who came to look at
the house that it was damp, and the drains smelt, by
which the house obtained a bad character, 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

COURT OF BANKRUPTCY, Dec. 23.
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. llelens,

Mr. CLArtasoN 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 5,000 f., 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. Nicolls.
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.

-- ---
POLICE INTELLIGENCE.
MANSION-HOUSE.
A foreigner, named .lleyer Morris, was charged with
having obtained a quantity of cutlery from Mr. Peter
Moore, Orange-street, Sheffield.
The prosecutor stated that the prisoner called at his
warehouse, in Sheffield, and gave him an order for cut-
lery goods to the amount of 341., for which cash was to
be paid, as a matter of. course. The prisoner desired the
bill to be made out in his name, and a man who was
with him also gave him an order, but the former was re-
sponsible for the amount. The prisoner made a great
many excuses about the payment, and at last contrived
to obtain possession of them, without paying a farthing,
and to convey them to Hull ; but the prosecutor followed
him, and finding that the goods were actually on board
the steamer, got into the vessel and remained in a diffe-
rent cabin until the arrival in London, when he appeared
before Mr. Morris, claimed the cutlery, and employed
an officer to take the prisoner into custody.
The prisoner's Solicitor—Were not other goods packed
up with the cutlery at your warehouse? Prosecutor—No.
Alderman WasoN—Who was the person who accom-
panied the prisoner to your warehouse ? Prosecutor—
His name was Woolfe.
The prisoner's Solicitor—Did you not take prisoner's
guarantee for what the other had of you ? Prosecutor—
The prisoner told me to make out the whole bill in his
name.
Alderman WasoN—And you were to be paid in cash ?
Prosecutor—Certainly. The prisoner, after trying all
other means with me, wanted me to go over with him
and the goods to Haniburgh, where his brother would, he
aid, pay me.—(A laugh.)
Alderman WiLsolv then, at the prosecutor's request,
remanded the prisoner, with directions that upon the ar-
rival of a warrant from Sheffield, the case should be sent
thither.

A woman named Elizabeth Smith was charged with
having smuggled two bottles of French brandy.
A Revenue Officer, who stated that the smuggling on
board the steamers was most extensive, notwithstanding
the great exertions made to detect and punish, said that
he observed the defendant coming from the Harlequin,
a Boulogne steamer, at Fresh Wharf, and suspecting that
she had smuggled goods about her, found with very little
trouble that she had two bottles containing a pint and a-
half of brandy under her cloak.
-Alderman WILSON—We have constant complaints of
smuggling on board the Harlequin. I thought that when

a vessel became notorious for conveying contraband goods
the Commissioners put an effectual stop to the smuggling
in that vessel by seizing it.
The officer said that vessels were frequently put upon
"the stop," for having smuggled goods en board, and
the Harlequin had been served in that way ; but not-
withstanding all that could be done the practice was car-
ried on enormously. The Company to which the Harle-
quin belonged did all they could to prevent the contra-
band dealing, and had upon one occasion discharged the
whole crew. It would, therefore, be very hard upon the
Company to seize and sell their vessel under such cir-
cumstances.

Alderman WiLsoN—Certainly it would. What has
the defendant to say to the charge ?—The defendant who
endeavoured to attract compassion, by carrying an infant
in her arms, said she washed for the seamen on board the
Harlequin, and they gave her the brandy for her own use.
The officer said that great numbers of persons were
generally engaged to take away small quantities.
The defendant was fined twenty shillings, which she
immediately paid.

GUILDHALL.
A respectable-looking young man, who described him-
self as clerk to a wine merchant in the City, was charged
with stealing a sovereign.
Sergeant Dewlin said the prisoner was brought to the
station-house, in Black Horse-court, on the preceding
night, by two men, who gave their names and addresses,
and stated that, a short time previously, they went into
the Dolphin Tavern, Ludgate-hill, where they saw the
prisoner standing at the bar, and one of them, in the course
of conversation with him, laid his hand on his shoulder,
when the prisoner pushed it away, and a sovereign,
which was between the glove and the palm of his hand,
was lost. He entered the charge as one of robbery on the
police sheet. The complainants did not attend.
Sir P. LAURIE said this was a most scandalous case,
and he thought there were substantial grounds for an
action for false imprisonment. All that surprised him
was, that the person on duty at the station-house could
be so foolish as to take such a charge. He should or-
der the prisoner to be at once discharged, informing
him, at the same time, that there was not the slightest
imputation against his character.

MYSTERIOUS DEALTH ofa YOUNG
FEMALE at HAMMERSMITH.
Wednesday afternoon a lengthened investigation was
proceeded with, before Mr. T. Wakley, M.P., Coroner
for the Western District of Middlesex, and a respectably
Jury, at the Blue Anchor beer-shop, on the Upper Mall,
near Hammersmith Suspension-bridge, on view of the
body of Drascella Muller, a young female of remarkable
prepossessing appearance, 19 years of age, who was, on
Saturday last, found dead with marks of violence on her
person, in the mud of the creek leading from the Thames
into the High-street of Hammersmith.
The Jury having been sworn, proceeded to view the
body, and on their return the following evidence was
adduced.

George Rutty, a boy, residing in New-street, Ham-
mersmith, deposed that on Saturday last, about twelve
o'clock, he was standing near the High-bridge, crossing
the creek, when he saw something in the water, upon
which he hallooed out, and Mr. Parker and other persons
came up and went to see what it was.
Mr. Thomas Poole Parker, master of the Hammer-
smith National School, deposed that on being called he
jumped over a fence into the water, when he found the
body of the deceased. With the assistance of a plank
he got the body ashore, and, after having been refused at
two public-houses to admit it, brought it to that house.
The deceased was respectably dressed, and had on a
pair of gloves, in one of which was a patent latch-key,
and in the other is. 2d. in halfpence.
Mr. William Simpson, surgeon, of Hammersmith
Broadway, deposed that he had made a post mortem ex-
amination by order of the Coroner, and had found a
slight contusion on the forehead of the deceased, but saw
no marks of violence on any other part of the body.
The injury on the scalp might have been occasioned by
a fall from a high place. Should say that the injury was
received before death, and that the immediate cause of
death had been drowning.
Mr. John Fitness deposed that he had a situation in
the Treasury, and resided at No. 64, Stafford-place, Pim-
lico. Deceased had been in his service since the 23d
of July, but had been missing since Friday, the 3d inst.
On the morning of that day he saw her last alive,
between ten and eleven o'clock, in the kitchen, in hich
she slept. She then appeared in her usual state of
health and mind. On the following morning, on coming
down, he was surprised at finding the breakfast not
ready, and on going into the kitchen could not find the
deceased. From that time, although every possible ex-
ertion was made to discover her, no trace could be ob-
tained until the finding of the body. All her boxes and
clothes were in their usual state. She was always very
steady in her habits ; and he had every reason to be sa-
tisfied with her conduct. She was rather too reserved,
and had no male acquaintance to his knowledge.
The CORONER said the case was certainly enveloped in
considerable mystery, and
The Jury returned a verdict of " Found Drowned, but
how the deceased came into the water there was no evi-
dence to show."

NAVAL INTELLIGENCE.
(From the Brighton Gazette.)
PORTSMOUTH, DEC. 22.—The brig Snake, 16, Com-
mander the Hon. W. Devereux, arrived. of Sunday, from
Chatham, and has been paid the usual, wiyanee of
wages. Her destination is the Mediterranean,. whither
she will proceed in a day or two, calling at Plymouth for
final orders.

The Crocodile, 26, recently returned from the Wes
Indies, is ordered to be again brought forward for com.
mission.

The Hastings, 72, on her arrival at this port, will pro-
ceed to the eastward to be paid off, and her crew drafted
into the ships fitting out.
The Pantaloon, 10, Lieut. Lapidge, and Rapid, 10,
Lieut. Earle, will proceed shortly to the coast of Africa,
for the suppression of the slave trade.
The Heroine, 10, Lieut. Stewart, arrived on Sunday
from Chatham, and is ordered to Plymouth to await orders.
The corvette Dido, Captain the ].lon. Henry Keppel, is
at Spithead, on her way to Plymouth to receive final or-
ders. She has embarked a few hands at this port.
The Carysfort and Tyne, 26• gun ships, are preparing
for commission here ; the former will be commanded by
Captain Lord George Paula.
The new steam-ship, Geyser, has been commissioned at
Sheerness by Commander Edward Carpenter, it is re-
ported for the West Indies.

The Formidable, 84, Capt. Sir Charles Sullivan, is or-
dered to be expedited at Chatham to proceed to the
Mediterranean, calling at Spithead.
The Thalia, 46, Captain Hope, may shortly be ex-
pected from Leith to complete her equipment, destina-
tion unknown.

The Scringapatam, 46, has been undergoing survey to
ascertain her fitness for re-commissioning at Sheerness.
The brig Ferret, 10, Commander Oake, will soon be
ready at Plymouth to proceed to the Coast of Africa.
The Conway, 26, Captain Bethune, may be expected
from the East Indies about the middle of January, ac-
cording to private letters.
The Resistance, 38, is ordered at Plymouth to be fitted
as a troop-ship, and the Owen Glendower, 44, at Chat-
ham as a convict Chip, to proceed to Gibraltar.
Capt. Sir Francis Collier, K.C.8., has had the ap-
pointment conferred on him of Superindendent of Pem-
broke Dock-yard, vice Jackson, promoted to be Rear.
Admiral.

At Spithead—Dido, 18, Snake, 16, and Heroine, 10.
In Harbour—St. Vincent, Queen, Victory, Warspite,
Vindictive, Hazard, Pantaloon, Rapid, Echo; Atholl, Ex.
cellent, and Royal George yacht.