The Sun.
London, England, 1841-05-06 00:00:00

VICE-CHANCELLOR'S COURT, Mar 5.

His Honour was engaged throughout the entire morning in
hearing motions by order, and cause petitions, none of which
possessed any general interest.

COURT OF COMMON PLEAS, MAY 5.
WERNER V. HUMPHREYS.
. .

This was an acti,in brought by the executrix of a tailor, her
late husband, for 4/. 165., being the price of a coat which was
made to order, but which being finished after the husband's
death, defendant refused to take. The defence was that
the coat was unfinished (the collar not having been put
on) when the testator died, and Mrs. Werner having
married a person named Trickett before the completion
of the garment, the property paced to him ; so that if there
were any ground of action it should be laid in his name. The
verdict was for the defendant.

&Ir. Sergeant CHANNEL", last term, obtained a rule nisi
for a new trial, on the ground that the verdict was against
evidence.

Mr. Sergeant BOMPAS this day showed cause against tile
rule, and Mr. Sergeant CIIANNELL replied.
The COURT was of opinion that there had not been suffi-
cient proof of the property passing over to Trickett before the
delivery of the coat to the defendant, and a new trial was
granted.

ADMIRALTY COURT-MAr 4.

THE WESTMORELAND-JUDGMENT.

The COURT—The question which 1 have to decide in this
case is, whether the mariners who have commenced this suit
are entitled to their wages. A summary petition and an alle-
gation have been given in, and witnesses have been examined.
Both parties agree as to the principal facts of the case, though
the inference they draw from them are very different. The
vessel left England in 1839, and the articles described the voy-
age as" a voyage from the port of departure to the Swan River,
thence to any part in the Indian or China Sea, and back to a
port of discharge in Great Britain, or at any rate on the Conti-
nent of Europe, and the voyage under any circumstances was not
to exceed three years." She proceeded to Swan River, and dis-
charged the cargo. The mariners were hired in 1840, the vessel
then went to an island in the China Seas, and, having sailed in
June on her homeward voyage, reached Cowes on the 28th of
August. The master then hired a pilot to take the ship to
Holland, where her cargo was to be discharged. The sailors,
who now claim their wages, thought that under the articles
they were not bound to go to Holland, and they accordingly
wrote to Mr. Day for his advice, to whom they went on the
following morning. While in, or near his office, they were
arrested and taken before the Magistrates, and on their refusal
to return to the ship they were sent to prison for thirty days,
with hard labour. This is a bare outline of the facts, but it
will be sufficient to enable me to state the questions at issue.
The fi st is, whether the mariners were bound by the articles
to proceed from Cowes to Holland? If they were not bound
to do so, there can be, of course, no forfeiture of wages ; but
assuming the owners to be right, and that the mariners were
bound to proceed to the Continent, the Gourt will then have
to consider and decide whether these facts amount to a desertion.

After commenting on the case at considerable length, the
Learned Judge concluded by observing, " On both points, I
pronounce in favour of the mariners—an of course with costs,
and I eannot but express my regret that, after these persons
had been innocently—nn the part of the Magistrates and of the
owners—but still had actually been imprisoned for thirty days,
it should have been deemed necesary to carry the controversy
into this Court, and to have endeavoured to prevent them from
receiving their wages."

COURT OF BANKRUPTCY, MAY 4.

IN THE BANKRUPTCY OF WRIGHT AND CO., BANKERS,

HENRIETrA-STREET, COVENT-GARDEN.

This being the day appointed for an audit and dividend on
thejoint estates of the different partners in this concern the
Court was c►owded.

Mr. France appeared to Claim for . a sum of 3,6001., which
remained over after an improper. sale of stork by Mr. John
Wright to the amount of 64,0001., and alto prayed that the
dividend upon that amount might be reserved. All and every
stock standing in the name of the bankrupts must be taken to
be in their " order and disposition," and all the entries in the
bankrupts' books would be found to be, "Messrs. Wright and
Co., in trust," for, (Sze.

Mr. Commissioner HoutoYn—The parties making claims
should not be prejudiced, but the disposition in this case is not
right, for it says, " by one or all," without absolutely fixing the
debt upon any body.
Mr. France said that his clent could not have made a safe
affidavit in any other terms, for it could not be said that John
Wright made all these sales of stock with the knowledge of the
other partners.
Mr. llamilton would not object to the claim being entered,
but the great object of the assignees was to make a good and
immediate dividend. The present claim, however, would be
liable to a very considerable reduction. The assignees were
satisfied that the stocks sold out were the property of the dif-
ferent parties in whose names they wet e entered in the bankers'
books, and it was not at present the intention to carry the
question into any other Court.
Mr. Bagshawe, barrister, appeared upon the part of Mr.
Thomas Wright, to claim a right to prove for the value of
annuities of 14001. a-year agreed to nave been given to him
by Messrs. Wright and Co., in consideration of his relinqu sh-
ing all right and title to certain shares in the bank, which
were settled upon him by his father.
Mr. Hamilton objecte I to the admission of the proofs, as
Mr. Thomas Wright had released the bank from every claim,
and the 4001. a year which was allowed him by Mr. John
ight was vatuttously allowed.
Atter some eon versation,

The claims were then ordered to be entered on the proceed-
ings, but without any reservation of the dividend for this day.
Air. J. Ball, the Accountant, then handed in the balance-
sheet, to the truth of which the bankrupt was swum, and was
then declared to have pa,sed his final examination.

The debts proved in the course of the day amounted to a cm-
siderable sum, and the " claims " were very large, particularly
those upon the stock account presented by Mr. Withiam, of
Gray's Inn-square, for upwards of 23,000/.
The assets already collected are about 170,0001., and the
dividend to be now declared is stated at five shillings in the
pound.

POLICE INTELLIGENCE.
GUILD HALL.
Win. Strong was placed at the bar before Mr. Alderman
JOHNSON, charged with breaking into the house of Mr. John
Bateman, of 10, Fish-street Hill, and stealing a valuable mi-
croscope, and various other artieles.
Mr. Bateman said he was a working optician, and the pri-
soner had served his time to him as an apprentice. The pro-
perty stolen had been entrusted to witness by Mr. Dolland, the
celebrated optician and mathematical-instrument maker, to
execute some repairs. On la,t Friday morning he found his
workshop broken open, and the articles named taken, which
were subsequently found pa ,tined by Strong. The prisoner
some tune since had likewise stolen a smaller microscope, in an
unfinished state, which he sold to a person named Allan Ser-
geant, in Leicester-square, who by a singular coincidence
brought it to him (Bateman) to finish.
The prisoner was fully committed for trial.

BO W-STREET.
Emily St. Ave, a Frenchwoman, but who had not
the s 4 west aprearance of a foreigner, was placed at the
bar, charged with having stolen a silver snuffo-ox, the
property of Mr. Robert Herbert, the Editor of the Far-
mer's Journal.

Mr. Herbert stated that the prisoner took apartments
in the h ,use of Mr. Crisp, the proprietor of the Farmer's
Journal, about a fortnight ago. She had been into
his room several times, and, on one vcca-ion, she
took the snuff box in question away, saying she wished
to prevent him taking snuff, but she returned it the next
morning. On Saturday last he missed his box
again, and asked the prisoner if she had taken it ? and she
said 'he had, but would return it again in the morning.
He their went away; and, not returning it as she had
stated, the witness gave information to the police, and she
was taken into custody. The box had never been found,
the prisoner stating that a friend of her's had possession
of it, but sho did not know her address.

Mr. Crisp stepped forward, and said he wished to state
to the Magistrate a few circumstances connected with the
prisoner. A few necks ago she called on him, stating she
was just come from France, and wished same apartments
near to the English Opera House, as a French company
had been engaged there, and she was then over in England
respecting it. She stated that she was then lodging
at the Phatnix Hotol, near the Bank cf England, and
from her respectable appearance he made no further en.
dairies, hut let her the apartments, since which she had
been to several tradespeople, representing herself as a lady
of title, and had ordered goods of the most costly det.
eription, inclating a carriage and horses, She had the
drawing-room hunt with a rich satin paper, bordered with
gilt mouldinv P. He had since ascertained that she had
taken lodgirgi kit nu less than seven or eight different
plaqs, and had pursued the same sort of conduct, He
had let fie Hp irt meats to the prisoner, unigArniihed.,
H had since ascertained that no such hotol existed as the
nt ar the Beak ec Ragland.

Sew, al tradesmenuc.io m attendance who had suppli-d
tho pri.em,.; with artfelcs of furnittne, &c., to all of whom
she 'represented herself at a lady of title.
The prisoner being asked what she had to say in her de-
fence, said she never intended to steal the box, and turning
to the complainant ‘k you know very well why I took
it." She deq;l4ke4 sa}ipgauything about the goods she bad
ordered.•
Mr, HALL said that the only charge against the pri-
sorctr was that of stewing the box, but he thought Mr.
Ceiv liv!, not touch cause of compifint, inasmuch as he
g t hid rn.ms el• gmaly papered free of •charge.—
( Laughter.) He should, however, remand the prisoner
till Saturday, in order to give the officers an opportunity
of making search after the box.