The Sun.
London, England, 1841-12-04 00:00:00

THREE DEATHS FROM EATING

PUTRID GREENS.

Much excitement has been caused during the last
few days in this ordinarily quiet village and the neigh-
bourhood, by the sudden seizure of a whole family of
the name of Jones, father, mother, and three children,
with violent sickness and purging, after partaking
of some bacon and boiled greens, on Tuesday se'nnight.
Suspicion immediately arose that poi • had been
mixed with the food of which they had partaken, but
nothing transpired to confirm such a supposition, and
the cause of the malady had therefore to be sought
in natural causes. It was at length ascertained
that the greens they had dined off were in a half frozen
state, and were put into warm water before they had
been properly thawed by soaking them in cold water,
the consequence was that they became, through decom-
position, of a most pernicious rind putrid quality. To
this fact the illness was traced. Mr. Morison, of Mal-
vern, was the first medical man called in, and Mr. J.
N. Gardner, also of Malvern, was afterwards sent for,
but in three out of five persons attacked, all their ex-
ertions have proved fruitless. Two of the children died
on Friday, and the father on Monday. An inquest
was holden upon' the bodies of the two little girls
before W. S. P. Hughes, Esq., coroner, and a very
respectable Jury, at the Somers Arms, Leigh Sinton,
on Monday, when, after examination of the witnesses,
the Jury returned a verdict, " That the deceased died
from exhaustion produced by violent sickness and
purging, caused, it is supposed, by eating greens."
An inquest will be held on the body of the un-
fortunate father, Jones, this day, Wednesday.
M. Pierpoint, Esq , surgeon of this city, has been
employed to make a post mortem examination
of the body, and will report the result of it to
the Jury. The mother remains exceedingly ill, and is
not expected to survive. Great consternation prevails
in the neighbourhood on account of the singular nature
of the malady, the unusual cause from which it is in-
ferred to have resulted, and its awful and extensively
fatal termination.— Worcestershire Chronicle.

INFLUX OF PAUPERS.
The Jupiter, steamer, Lieut. Waters, R.N., one of
the St. George Steam Packet Company's vessels,
arrived at the quay yesterday, after a stormy
and tempestuous passage from Landon, such as
might have been expected from the weather which
has prevailed for several days. She left on Satur-
day morning last at eight o'clock, about an hour before
which time there were marched down to the quay, and
immediately put on board, ono hundred and eighteen
Irish paupers, to be passed to this country. No
notice or intimation had been given that this ship-
ment of human beings was about to take place,
and consequently no preparation had been made for
their reception, or shelter erected to defend them
from the excessive severity of the weather. They
were thus huddled together in a ship which had
already a considerable number of soldiers on
board, and exposed for six days and nights to the
violence of a continued storm of wet, and wind,
and piercing cold, all the contrivances of the captain,
his officers, and crew, to make even some partial shelter
for them, doing but comparatively little to mitigate
the misery of their position. A child died from the suf-
ferings it experienced, and was committed to the sea by
the hands of its wretched and agonised parent, and we
apprehend few will be found to differ from us
when we say, that inquests have been held and
verdicts of murder returned against parties, under
circumstances less calling for inquiry than those under
which this death took place. it is not at all unlikely
that some of those who were concerned in mak-
ing this heartless export from England's capital on
Saturday last, with a disdain and disregard of every
feeling of humanity which would disgrace the worst of
slave traders, were busily employed the week before
amongst the humanitymongers, in getting signatures
to the memorial to save the life of the murderer Blakes-
ley, who was executed on the Monday.—Cork Southern
Reporter.

" THE SUN."—By the kindness of the indefa-
tigable proprietor of The Sun newspaper, we were fa-
voured on Thursday morning last with copies containing
a full account of the promotions in the Army and Navy
anticipating other papers by many hours.—Kent Herald
MEETING OF THE MANUFACTURERS IN
TUE MIDLAND COUNTIES.—We are informed that the
facts obtained are of the most important character, and
that the state of the workpeople is most deplorable ;
such is the rapid decline in some branches of trade,
that unless speedy and effective relief be obtained, utter de-
struction of the operatives must take place. Several Mem-
bers of Parliament have already signified their intention
of being present at the meeting, in order that they may
hear personally from the gentlemen who have inves-
tigated the important facts relating to the depression
of trade. Amongst them are E. Strutt, Esq., M.P.,
the Honourable J. G. B. Ponsonby, M.P., J. Easthope,
Esq., M.P., J. Ellis, Esq., M.P., Sir G. Larpent, M.P.,
W. Evans, Esq , M.P., Dr. Bowring, and M. Cob-
den, M.P. This array of names is sufficient r
to prove the
influential character of the meeting. We rejoice that the
Committees in the several counties have strongly urged
that the whole truth, and the truth only, shall be known.
Overcharged statements can never serve the cause of
justice.—Derby Reporter.
THE RURAL POLICE.—We are glad to find
that this unconstitutional and medley force has at length
excited such a feeling in the county, that it will be difficult
for even its warmest supporters in the Magistracy to
sustain it. We would advise all the villages in the county
to petition the meeting of Magistrates, at Mansfield,
next Tuesday, in favour of the immediately disbanding of
the forces. Shenton has set a noble example, for all
shades of parties and opinions are decided at once to
vote against it. Several meetings have been held on
the subject, and while we write, the final meeting is
agreeing on a petition. 'Tyson Green, Carrington,
and Basford have followed the example. The villages
round Mansfield, as well as the town of Mansfield itself,
are all astir with petitions. Let Radford, Lenton,
Southwell—in which place a policeman is like a guard
in an empty house—Retford, 'Worksop, 011erton, Sut-
ton-in-Ashfield, and all the large places in the county,
send in their petitions—let the smaller villages load the
Magistrates' table with their veto against the blue bottle
force—they will find Magistrates to present them, and
not a few who warmly supported it before. We thought
at first the kid-glove and botle of wine poliCemen would
not long disgrace the ceunty, and we trust the conduct
of the Magistrates will on Tuesday, prove that they
acted for the best, and that they are as ready to amend
their error as they were to make it.—Nottingham Review.
We find the following in the Memorial Borde-
lais :—" It is said that the Ministry is about to create
eight new Peers, all to be taken from the Chamber of
Deputies. Amongst them are named M. Deffaudis, for-
merly Minister at Frankfort, and M. Edouard de
Bussiere, Minister at Dresden."
ST. PETER'S, THANET.---EXTRAORDINARY
PRODUCE FROM TWO POTATOES.—In the spring of the
year a friendly contention arose at St. Peter's, Thanet,
between Mr. Joseph Silver, baker, of Reading-street,
and his neighbour Mr. Joseph Hill, butcher, as to
which should rear the greatest quantity of po-
tatoes from a single root. Mr. Hills planted in
his own garden the cuttings of a Jersey blue,
weighing 2 pounds 6 ounces ; Mr. Silver planted
the same day, close by, in the Ranelagh Gardens,
at the Red Lion, St. Peter's, the cuttings of his
seed potato, weighing 2 pounds 10 ounces, also a
Jersey Blue. As a proof of what may be effected by
culture and attention, on digging up the produce of
both a short time since, on the same day, the immense
number of 332 potatoes, weighing 141 pounds, and
measuring 18 gallons, was the produce of Mr. Silver's ;
one root yielding 23 potatoes, weighing 15 pounds and_. a
half. Mr. Hill's produce was 240 potatoes, weighing
137 pounds, and measuring like his', competitors, 18
gallons ; some weighing upwards of two pounds each,
and one two pounds 11 ounces, and being grown on a
third of a perch of ground.—.KentHeraldj.'
THE SCOTTISH HOSPITAL.--In our account
of the proceedings at the anniversary festival of St. An-
drew, held on Tuesday for the benefit of the Scottish
Hospital, we made a remark on the dilatoriness of the
clerk, which had prevented our reporter from furnishing
a list of the contributors to the charity. From the great
number of names to be selected from upwards of 30
different lists of stewards, it was impossible to accom-
plish an extract in time so as to include the name of
ianddtheegrtfeTiance of
every gentleman who had given donations above 2/. We
have therefore great pleasure in exculpating the clerk
from any imputation of neeug.liiiglieengeley
his duty.—
imony to
this statement. The young man who acted as clerk
wcoasuldeent ohtisfufarneilsth,
tthheerelfiestrse, inif
tthheeytiNsin,eereroemiqutitreead,beacnadusiet
the reporter did not choose to wait for them.—En. Sun.]
JUNCTION OF THE ATLANTIC AND PACIFIC
OCEANS. —The great natural advantages of Guatemala
is, the all but ready-made connexion of the Atlantic and
Pacific Oceans. The great lake of Nicaragua,'having an
average depth of fifteen fathoms, is within sixteen miles
of the Pacific; the only known outlet of this inland sea
is, the river San Juan, navigable for craft drawing four
feet water, to the Atlantic
Ocean,
f in
nh
rapids,
and capable of being improved despite of
fsi
At present no commerce is carried otneullasonsatilsoremS-
able line of navigation ; it might almostp be said that
nothing floats upon it. As soon, however, as a settled
country and stable Government can give security to
commerce and capitalists, it is easy to see that this water-
line will be the seat of an extensive transit trade ;
whether it will ever answer the full expectations of san-
guine men, and supersede Cape Horn, is, as regards coarse
and bulky commodities, very questionable.—American
Paper.
In the course of afew
promise of marriage, of a singular
character, will be brought before the Court. of Queeane
s
gyusla a r
caseand extraordinaryofbreachof
Bench. Briefs, almost unpreeedently volummoushv
beenlv .
Fpellal
Follett)
and
dthe
Mr. hands
Platt,with afe
ofthe Solicitor-General
of
150 guineas(Sir
with a similar foe. J
each, for the plaintiff ; and toeMnier.rTcheeeseigseelrarfoereethgae de-
fendant,engaged
on but h
on both sides, with proportionate fees. The fair plain-
tiff, who is beautiful and highly
years
hasbeen.esotmhee
vsiecvineintyoerf eighte pyteenarsceopnrutt o; fthheerteNenso,
resides
oofneof
wealth
the andfa
professional
defend-
ant is anocetmogieeneeareiea,n,anad gentleman ainn
shionable squares in the metropolis. The damages
are laid at 5,0001. The defendant pleads that he never
promised, but that if he did he has given several
sums of money in satisfaction. The, venerable defendant,
who in one, of his letters describes himself as being con-
stitutionally in all respects equal to a man of thirty,
has paid attentions to the lady for a period of nearly four

MORNING SUN

years, during which period he has written nearly
in language
letters, of a most extraordinary description, but clothed
of superior eloquence. Their contents, how-
ever, strongly indicate that the writer's love was subject
to uncommon fluctuations, as while at one period they
would breathe vows of eternal constancy, at other times
they were imbued with theological subjects, and their
love would be termed celestial, and the lady would be
compared to an angel ; in the former case the love would
be termed terrestrial, and prospects of a happy union be
held out, as also observations made relative to the regu-
lation of the household; from this the style would change
to one of a frigid character, and then the defendant
woul describe himself as her platonic lover. In these
various fluctuations had the greater part of the time
been occupied, until at length the defendant thought
proper to withdraw himself wholly from the plaintiff's
society, to discontinue visiting Hampton, or of continuing
to write those singular but elegant epistles, and ulti-
mately wholly ceased to c rreliond with the plaintiff.
FIRE AT HATHERSAGE OLD HALL.—
This venerable mansion had a narrow escape from de-
struction on Friday night last. Mr. Shuttleworth, the
proprietor, was from home, and the servants had retired
to rest, when they were aroused, shortly after midnight,
with cries of fire. The discovery was made by a neigh-
bour passing at the time, who saw the blaze in the ser-
vants' hall. Alarm being given, prompt assistance was
afforded, and tile fire was got under with comparative
ease, though not without the destruction of the apart-
ment. Its safety is mainly attributable to the circum-
stance of the hail being built of " heart of oak," which is
less inflammable than the materials used in more modern
erections, and which must have for some time resisted
the flames. As it is, there was no injury beyond the
alarm, and the loss sustained will be inconsiderable.—
Derby Reporter.

Her Majesty's troop-ship Sapphire sailed from
Quebec, the 9th ult„ with invalids from the different
corps in Canada, consisting of 9 sergeants, 1 drummer,
91 rank and file, 9 convicts, 14 women, and 20 children.
The following officers are passengers:—Lieut.-Colonel
Oldfield, Royal Engineers ; Lieut.-Colonel J. Hope,
Coldstream Guards; Assistant. Surgeon Drummond, 14th
Foot (medical charge) ; Lieutenant Breton, 70th Foot
(charge of invalids) ; Lieutenant Baker, 73d, aide-de-
camp, to join depot.
The announcement we made in our last of a vessel
having sailed from Rotterdam, to purchase a thousand
blacks at Ashantee for the King of the Netherlands, is
fully confirmed by more recent accounts. The name of
the vessel, however, is not the Brittania, but the Europa.
—Anti-Slavery Reporter.
FATAL ACCIDENT FROM THE FLOODS.—
THREE PERSONS DROWNED.—The recent weather has
eaused a general rising of the waters in all parts of the
country. A most distressing accident took place last night
at Coleford, near Crediton, the particulars of which, as
far as we can gather them at present, are as follow:—The
Rev. H. A. Hughes, of Zeal Monacharum, with his lady,
his son, and a servant, were proceeding on the road
homeward in an open carriage, but the rising of the
waters having made the road impassable, the carriage
was swept away by the force of the torrent, and the
whole of the party with the exception of the Rev. Gentle-
man himself were unfortunately drowned. A millright's
shop adjoining Coleford, was also swept away by the fore e
of the stream. These particulars we deeply regret to state
are but too true, and what renders the accident still more
melancholy is, that the life of the Rev. Gentleman is
despaired of, in consequence of the shock he has received,
and his anguish of mind. The Rev. Mr. Hughes is a Ma.
gistrate of the county, and curate of Clannaborough.
We hear that the bodies of the deceased persons have
been found.— Western Luminary. -
CALEDONIAN ASYLUM.—Thursday a quar-
terly general Court of this charity was held at the Free-
mason's Tavern, when seven boys were elected out of
twenty-two candidates. The chair was taken by Sir
Augustus D'Este, when the business of the election pro-
ceeded, and terminated at four o'cloek. It appeared that
the funds of the charity, which at this time maintains,
clothes, and educates seventy-eight boys, the sons of sol-
diers, sailors, or marines, were in a flourishing condition;
and in proof of its popularity, the greatest interest was
taken in the present election, many of the most influen-
tial subscribers attending to vote personally, amongst
whom were Sir Charles Forbes, Sir Duncan M'Dougall,
and others. The names of the successful candidates
were announced by the Rev. Mr. Lees, and were :—John
Mackay, 792 votes ; James Bruce, 613 ; R. W. Robert-
son, 519 ; James Walker, 444 ; Alexander Thompson,
471 ; Henry Mencur, 592 ; George Thompson, 401.
CAPITAL DAY'S SPORT WITH THE QUEEN'S
HouNDs.---Monday; Nov. 29, these hounds met at Staun-
ton Wyville—found at Langton Candle—ran briskly up to
Slawson, and killed—found again in Glooson-wood—ran
an hour and twenty minutes, chiefly in the wood, and killed
—found three foxes in Heythorpe Spinnies—got away gal-
lantly with one—ran between 'rugby and Rolleston, over
Skeffington-highfield, through Skeffington-wood, to Lau-
dington Reddish, where he wa, lost. Lords Cardigan and
Gardner, Mr. De-Burgh, Mr. Greene, &c., did go the pace
as usual, taking some awful-looking timber in their swing,
and stopping at nothing. Indeed, ord Gardner and " The
Master" have few rivals across the broad fields of Leicester-
shire in a first-rate run, particularly when bullfinches
are the order of the day, being considered by the less
daring very ugly customers to compete with. These
hounds are daily getting into greater repute, " winning
golden opinions ' for the master and men, which must
be highly satisfactory to all who take an interest in
the chase, and, ye gods ! who do not in these glorious
Conservative times, Mr. Editor ? None but Goths and
Vandals, surely. The Duke of Montrose, who has
taken Seelby Ilall, Northamptonshire, honoured the field
with his presence. The Melton men were all with
Lord Forrester, who met near ; but, notwithstanding
the absence of these great luminaries, there was a very
full meet.

GREENWICH HOSPITAL.—With respect to
the free admissions to this institution, a singular anomaly
has existed ; soldiers having, during many years, been
admitted free of charge to see the Painted Hall, while to
seamen the same privilege has been denied. This unjust
regulation was in force up to the 7th May last, when, by
an order of the Lieutenant-Governor, it was directed that
seamen should be admitted gratis. The Painted Hall
and Chapel are exhibited on " week days" from seven in
the morning until sunset ; and on Sunday afternoons,
after one o'clock, on payment of three-pence by each
person for admission to each place. The Painted Hall,
which was decorated by Sir James Thornhill, contains a
collection of paintings, consisting of representations of
naval actions and portraits of admirals and naval men,
some sculpture, and other objects interesting to the public,
and chiefly to persons in the naval service. —Ar t- Union.

- -
FREE TRADE.—We are glad to learn that a
preliminary meeting of the friends of free trade will be
held at Eastwood's Hotel on Monday next, with a view
to the formation of an Anti-Monopoly Association. Con-
sidering the vast interest which Liverpool has in free and
unrestricted commerce, and in its consequent extension,
we cannot help Ciinking that her merchants and traders
are a little late in the field, but it is better late' Than
never, and by extra energy, activity and zeal, they may
recover much of the ground which has been lost by de-
lay, give additional strength and confidence to the friends
of the common cause, and strike dismay into the hearts
of its enemies. We cordially wish success to the move-
ment, and hope that men of all political parties amongst
our merchants and traders, who are suffering, though at
present in a less degree. from the same cause which has
laid our manufacturers low, will combine to advance its
Intelligencethentic sourrecea,choefd
the
es
deathlate 01 last s eveningLtad
riiki
hfgrtoomn,
progress.
ofan Dedham Grove, relict of Sir Thomasy Pilkington,
Bart. and sister of Johnctoilnliisfffew.Tducifnherlol,nlic,:lseqo.
—The non-commissionedh of Lang-
'f
Friday .
leys, 'Great Waltham._
officers of
CHATHAM.
the Provisional Battalion having ld
a public meeting on
Thursday evening, the 18th of R e
ovember, for the purpose
of congratulating
Sergeant-Major
Provi-
sional Battalion, on his Young, of the
Regiment, and presenting promotion to be ensign of the 41st
him with a silver tankard and
a sword, for hisgeneralgood conduct, the following pe•
remptory order has b
Colonel Sir William been forthwith issued to the troops by
Warre •K C B --" The Comman-
dant has observed with ' .. • very great regret in the public
newspapers a paragraph stating that a numerous
meeting of non-commissioned officers of the Provi-
sional Battalion
Thursday, was held at an inn in Brompton, on
ursday, the 18th ult., to which the non• commissioned
officers of the 99th Regiment were invited, for the express
purpose F of collecting an opinion and approbation of Ser-
geant-Major Young, of the Provisional Battalion, whilst
Sergeant-Major, such a proceeding being in direct vio-
lation of her Majesty's orders, as published in the Ad-
denda to the General Orders and Regulations of the
Army. Sir 'William Warre is the more displeased at
this disregard to the orders of the service, the circum-
stances and manner in which the meeting took place,
and the object of it, being concealed altogether from
Lieutenant-Colonel Wear, commanding the provi-
sional battalion, and from himself. lie (the Com-
mandant) cannot doubt that the non-commissioned
officers were fully aware of the irregularity of their con-
duct, which the Commandant thus publicly censures,
and he desires that in future no meeting of any persons
whatever shall take place for any public purpose without
his sanction and consent, obtained through the com-
manding officer of the respective corps, J. D. O'BRIEN,
Brigade-Major."
THE DEPOPULATION SYSTEM.---The Work
of devastation is still carried on to an alarming extent,
even in our own neighbourhood. Hundreds of wretches
been cleared off, in order to let their holdings '
some middleman, who, by paying his rents in one to
large
sum, relieves the agent of the trouble sometimes
attend-
ing the collection of it on smaller holdings; or, what is
at is
not unfrequently the case now-a-days, some gr.?
iping at-
torney gets into the agent's office, where, fii order to
procure a livelihood, he of course issues ejectments from
the superior Courts, and thereby fleeces the
tenantry in law costs to such an extent thatunfortunate
unable to pay a single penny of rent to their they are
and consequently are pitched upon the landlords,
Iv
by the ditch side. In this part of the co world to perish
have more forbearance than they evinceuntry the poor
but if once the barbarous system of as in the south ;
com-
mences in Connaught, God only sassination knows where •
i't will
terminate. We would recommend a c
pro-
prietor to cause a return to be made
to him of the
certain landed
amount, by way of costs, &e., paid to the under agent,
and we are very much mistaken if they
the arrears recoverable on the would not equal
lands.—lilands.—RoscommonJournal.

WATERLOO-BRIDGE.--The half-yearly general
meeting of the Proprietors of this bridge was held yes-
terday at the Crown and Anchor, Strand. The Rev.
John Rush in the chair. The Report of the Committee
stated the receipts of the Company from the penny toll
during the half-year ending August 23, 1840, to have
amounted to 7,5821. 19s. Ild., and for the same period in
1841, with the halfpenny toll, to have amounted to
7,4731. 155., causing a decrease of 1091. 4s. 11d. during
the six months under the halfpenny toll.

-_

MORNING SUN

LAW INTELLIGENCE.
COURT OF CHANCERY, Dec. 3.

• BI,UNDELL V. BLUNDELL.
The further arguments in this part-heard appeal occu-
pied the Lord Chancellor the whole day, and his Lord-
ship postponed his judgment.

ROLLS' COURT, Dec. 3.
TANNER V. ELWORTHY.
The bill was filed by the plaintiff for the purpti se of
obtaining the declaration of the Court that certain lease-
hold estates were the subject of a settlement made Octo-
ber 11, 1783, and a cross bill was filed by the plaintiff
to obtain a contrary declaration. In the year 1783, the
estates in question were possessed by Andrew Elworthy,
the grandfather of the defendant, and were estates that
had been for a long period granted on lease. It appeared
from the statements of the defendant, and from the evi-
dence, that these leases all contained covenants for re-
newal, and were from time to time renewed, sometimes
by surrender of the original life, and sometimes by
granting a reversionary life to the lessee. On the mar-
riage
of Richard Elworthy, the son of the lessee, the
property was assigned to trustees to the use of Richard
Elworthy for his life, with remainder to his wife for her
life, with
.remainder over to such children as Richard
Elworthy should appoint, and in default of appointment
to the children of the marriage in equal shares. In this
assignment there was no provision made for the general
renewal of the leases, or for obtaining reversionary leases,
but there was a provision by which the trustees were
enabled to surrender the existing lease and to have a new
substituted for that of Andrew Elworthy. Richard
Elworthy made his will on the 17th of July, 1801, at
which time he had freehold property, was- possessed of
such interest as ho was entitled to under the settlement,
and had procured to himself a grant of the reversionary
interest. He was also in possession of other leasehold
property which he held for the term of 200 years. By
this will he gave a sum of 1,0001. to trustees for the use
of his daughter, and then " all his freehold and lease-
hold estates" to his son Richard Elworthy, the defen-
dant, and in the commencement of it he referred to the
settlement, and stated that he concurred in it. Testator
died in June, 1805, and the defendant attained his ma-
jority in ISOS, but did not claim, nor had his trustees
claimed for him, possession of the leasehold estates,
which were held-by the, widow until her death, when a
moiety of the estates was claimed by the defendant, who
had married the daughter of the testator, and filed a bill
on the 27th Feb., 1839, to establish his right. On the
21st June following, the defendant put in his answer,
and thereby insisted that the leases in question were not
subject to the settlement.
Mr. Pemberton, Mr. Girdleston, and Mr. Teed ap-
peared for the plaintiff; and Mr. Turner and Mr. Clarke
for the defendant.

The MASTER of the ROLLS said, that by the marriage
settlement a partial and temporary interest was given to
the testator ; and the first question was, whether, hav-
ing such interest, he could procure to himself a grant
of the reversionary interest for his own benefit. Ac-
cording to the general rule of the Court, it was admitted
he could not, but it was said that rule did not
apply in this case, because their was a special contract
providing for surrender, during the life of Andrew
Elworthy. He was of opinion there was nothing in the
settlement that tended to any such construction, but that
the interest acquired by Richard Elworthy, the testator,
must be considered as acquired by him as a trustee, for
the purpose of appointment. The next question was,
whether he had not exercised that appointment by
his will, and he was of opinion that he bad not.
lie was also of opinion that there was no
plausible argument in support of a ease of election, and
that the conduct of the parties showed that they under-
stood their interest in the property. He must therefore
declare that the plaintiff was entitled to an equal moiety
of the property in question. He thought also that the
cross bill was totally unnecessary, and that the defendant
must therefore pay the costs of both. An account must
be taken of the sums received and expended, and the
costs of the trustees paid out of the funds.

VICE CHANCELLORS' COURT, Dec. 3.
(Before the VICE-CHANCELLOR of ENGLAND.)
DEFARIS V. MARTANNE.

This was an application to dissolve an injunction
granted lately by his Honour, for the purpose
of restraining the defendant from completing the
sale of certain goods made by him to a mer-
chant trading with New York, of the name of Dawes.
It appeared that the defendant had been commissioned by
the plaintiff, a merchant in Barcelona, to convey to
North America, and to dispose of there, in his favour,
various bales of goods. These goods were landed, in
the first instance, at Southampton, in October last,
and a portion of the property was afterwards sold by
the defendant to Mr. Dawes, the contract hav-
ing been concluded in London, at Friesart's Hotel.
The stated price of the goods they purchased was 83,0001.,
but a reduction was made upon that sum of 35 per cent.
The Court had, on a former day granted a special injunc-
tion ex parte, restrainini the defendant from completing
the sale on the ground of fraud, upon the affidavit of a
Mr Stephens.
His HONOUR, however, was of opinion to-day, on hear-
ing the case argued for both parties, that the affidavit did
not fully state the entire transaction ; and that, whatever
suspicion might be at first sight attached to the conduct
of Mr. Dawes, there were no sufficient grounds for con-
cluding that he had acted fraudulently. His Honour,
therefore, dissolved the injunction with costs.
The Court then proceeded' with unopposed petitions
and short causes. _

(Before Vice-Chancellor KNIGHT BrtucE.)
None of the parties in the causes set down for hearing
to-day being ready on the sitting of the Court, his
honour directed the causes to be struck out of the
paper, and rose befbre eleven o'clock.
(Before Vice-Chancellor WIGRAM.)
LITTLE V. GREVILLE.

The hearing of this cause was resumed to-day, and ad.
journed till to-morrow, to hear the reply of the Counse
for the plaintiff.
No other case involving any public interest came be-
fJre the Court.

COURT OF QUEENS BENCH, Dec. 3.
JONES V. WALTON.

This was an action for a libel, brought by the plaintiff,
a banker, carrying on business in the county of Mont-
gomery, against the defendant, as proprietor of the
Shrewsbury Chronicle newspaper, to recover damages for
certain retnarks which appeared in that paper, reflecting
on the character of the plaintiff. The article complained
of was published in the Shrewsbury Chronicle, of the sth
February last, on the authority of a correspondence, and
its substance would appear to have been the subject of
gossip and conversation in the county for some time pre-
viously. It charged the plaintiff, in substance, with hav-
ing given a false character for solveacy and integrity to
a person named Havels, who had some time previously
failed in business, to a wool merchant of London,
named Fauntleroy, in consequence of which Havel had
obtained credit from Fauntleroy to the amount of 500 L
The transaction was characterised in the defendant's
newspaper as a fraud and conspiracy, and on its ap-
pearance, application was made to the defendant by Mr.
Jones's solicitor who denied its truth. An explanation
took place, and the defendant agreed to publish a re-
tractation of the offensive article, and the terms were
suggested by the plaintiff's solicitor. The retractation was
published in the newspaper of the 12th February, the very
day when the plaintiff commenced the present action.
Mr. Mu . fur the defendant, submitted that it was
nothing less than persecution to go on with the present
action, after the full and ample retractation that had
been published at the instance, and on the terms sug-
gested, by the plaintiff's solicitor. They had also put
considerable defendant to consrable expense in changing the
venue from one place to another, and he trusted that
under these circumstances the Jury would not inflict
any very severe punishment upon him.
LordI.MAN left it to the Jury to say what dainamos
the plaintiff was entitled to under the circumstances
stated by the Learned Counesl.
The Jury found for the plain tiff—Damarres one farthinff.
The Court refused to certify that it wasa case for ba
Special Jury.

SMITH V GROOM AND OTHERS.
This was an action to
er(Liscover
certain property,
.pur-
suant to the terms of ade executed by a person named
Wyatt, in favour
of the plaintily.
The case occupied
several hours, but contained no point of any public interest.

COURT OF EXCHEQUER,
Dec. 3.
The Special Jury cause of Perry v. Mitchell,
which the celebrated steel pen-maker seeks damame; n
for
the infringement of one of his numerous patents, was set
absence
of for trial to-day, but in consequence of the
of his Counsel the plaintiff withdrew his record.
LUCKIE V. LORD lIUNTINGTOWER.
This was also a Special Jury cause. When the Jury
were about to be sworn, the defendant's Counsel applied
for its postponement, on the ground of the absence of a
material witness, who had faithfully promised to be in
attendance at the sitting of the Court.
His LX3SIIIP grantd the application, on the pay-
ment of the costs of the day.
-

ADAMS V. GARRARD.
This was another Special Jury case. The plaintiff was
the administrator of the late Mr. Adams, the wharfinger,.
of Holland-street, who sought to recover the suni of
8001., a balance of account her late husband had against
the defendant, as one of the"partners of the late Limerick
Marble Company, for his services as their agent in its
sale, for wharfage, &c. The evidence was mere matter
of account, and totally uninteresting.
For the defence, many of the letters written to the
partners in the Company by Mr. Adams, in order to show
that he was the person who took the initiatory in forming
the Company, and that had it succeeded, and had he lived,
he
,was to have been a Shareholder, and either Manager
or Secretary—in fact, that he was to all intents and pur-
poses a partner, and some witnesses spoke to admissions
made by him that he was to be merely a commission
ap42iit, and receive a commission, which was undefined,
uinn the value he soli.
'The Jury found for the Plaintiff—Damages 3901. 10s. 6d.

PHILIS V. SCHOLFILD
The Plaintiffs in thisP
case soughtE
to .recover 391. 18s.
upon a bill olexehange, which was given by the defendant
in payment of two pipes of wane.
Mr. CROWD I,:a expected that would have been as un-
defended cause. As it was defended it was his duty to
lay the case before the Jury. The plaintiffs were wine-
merchants at Bristol ; they had an agent named Smith,
who sold the wine to the defendant, through a person
named Lawes. The bill was drawn by the plaintiffs,
and given to Lawes by Smith to get it accepted. Lawes
brought him the acceptance and said, " We have altered
the date from the 13th to the 23d, because the wine did
not arrive so soon as we expected." Smith said it made
no difference, and took the bill. Now the defendant de-
nied his acceptance, because of the alteration made
either by himself or his agent.
Smith was called, and proved these facts.
Mr. HUISIFitEir then called Lawes, who said the wit-
ness Smith employed him to sell wine for him at 2i per
cent. commission. lie sold some to the defendant at
Kingston. Ile enclosed the acceptance to him, and
received it back dated the 13th. The wine

had not arrived when he received the bill from
the defendant; he therefore kept it in his possession till
it did. He altered the date two or three days before he
handed it over to Smith. The defendant did not know
of the alteration. When he first took the bill from
Smith, he asked him whether there would be any objec-
tion to alter the bill, as the wine had not arrived, and
Smith said "No."
The Jury considered Lawes as the agent of the de-
fendant, and found for the plaintiff.

COURT OF COMMON PLEAS, Dec. 3.
BALMAN V. OILMAN.

The plaintiffs are Parliamentary agents, and
the defendants solicitors at Norwich. The lat-
ter, acting on behalf of the Commissioners for
Paving and Lighting that city, employed the plain-
tiffs to conduct a Bill through Parliament for.
amending and enlarging the local Act, by which the
commission is constituted. The Bill was thrown out in
consequence of the standing orders of the House of
Lords not having been complied with, and this action
was brought to recover the costs of the agents.
The defence was, that the Bill was lost through the
negligence of the plaintiffs, and that they were therefore
entitled to no remuneration.

The case occupied the whole day, the time being
chiefly taken up in reading documents relating to the
forms of Parliament, and the several stages of the Bill
in question.
The Jury at length found for the plaintiff, 42/.

COURT OF BANKRUPTCY, Dec. 3.

IN RE SMITH.

The bankrupt, who is at present a prisoner in the
Queen's Bench, formerly carried on a very extensive
business at Deptford, as a hat manufacturer. This day
being appointed for his final examination,
Mr. Commissioner EVANS, after looking over his
accounts, said he could find no cash account amongst them.
The bankrupt's solicitor said the bankrupt never kept
any cash account.
Mr. Commissioner Evaisrs—l shall never allow any
bankrupt, who has had extensive mercantile transactions,
to pass his examination without first seeing his cash
accounts.

The Solicitor—l fear he will not be able to furnish
them. The assignees have expressed themselves satis-
fied. Perhaps the Court would pass the other accounts.
Mr. Commissioner EVANS—I always make it a rule
never to pass any accounts in that manner. He cannot
pass his final examination without producing his
cash-books. As I understand he is at pre-
sent a prisoner in the Queen's Bench, the
other accounts can be taken there to him, and every
facility afforded to him to enable him to lay a fair state-
ment under this head before the Court and the creditors.

Solicitor—Perhaps another day of meeting would be
appointed.
The Official Assignee—l have no objection, provided
the expenses are defrayed by the bankrupt.
It was finally arranged that the case should stand over
for a short time, to allow time for making out a cash ac-
count, and in the interim the bankrupt was to be allowed
by the assignees 30s. a-week.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Baron PARKE.)

his Lordship took his seat on the bench at 10 o'clock.
John Henry Larkin, convicted last Session of stealing
a post letter containing a sovereign ; and, in a second
count, of simple larceny, for stealing a sovereign, was
placed a.; the bar. A technical objection had been taken
to the indictment that the conviction for stealing a post
letter was bad, because the letter had not been regularly
posted.
Mr. Baron PARKE said the Judges held the objection
good as to the conviction for stealing a post letter, but
affirmed the conviction for larceny, and the prisoner was
sentenced to transportation for seven years.
Henry Gilchrist, convicted last Session of stealing a
post letter containing four money orders, but to whose
conviction several technical objections had been taken,
was then placed at the bar.
Mr. Baron PARKE informed the prisoner that the
Judges had overruled all the objections, and sentenced
him to transportation for seven years.
In the case of Basta, committed only last evening on
a charge of fraudulently obtaining wine warrants and
Portuguese Bonds,
Mr. BODKIN, on behalf of the prosecutor, applied to
have the case postponed until next Session.
Mr. Baron PARKE granted the application.