The Sun.
London, England, 1841-01-13 00:00:00

HAWKINS V. [AXTON.

The Cover gave judgment in this casf.., in which a rule
had been obtained to enter a verdict for the plaintiff fur
the sum of 931. It was an action upon a bill of exchange,
and the defendant pleaded satisfaction, and gave in evi-
dence a letter and conversation of the plaintiff, but the
Court was of opinion that they did not prole the plea
The plaintiff's demand was for money paid to the defend.
ant subsequently to the date of the letter which specified
payment in full of all demands ; but these must be taken
to be demands existing at the time. The rule for entering
a verdict for the pla;ntiff must therefore be made absolute,

BAIL COURT.--(THIS DAY.)

(Before Mr. CC WILLIAMS.)
THE SHIP DRYAD IN RE WALLACE AND ANOTHER.

In this case, in which Mr. Jervis yesterday obtained a
rule for a habeas corpus, to bring up the bodies of Patrick
Shaw Stewart Ws Ilace, and Michael Shaw Stewart
NVallace, in order to have the cause of their commitment
inquired into,
Mr. CLARKSON this morning, on the part of the prose-
cutor s, said that the case was one of the utmost importance.
and that as yet his clients bad not been able to obtain
office-copies of the affidavits, and therefore tlvit he sbou:d
not be able to proceed to-morrow. He, therefore, wished
for further time.
Mr. Justice WILLIAMS said the Learned Counsel had
better speak to Mr. Jervis on the subject ; his application
seemed a reasonable one, and if the Court heard nothing
further on the subject the case had better stand for Friday

COMMON PLEAS.-(THIS DAY.)

b:ALE V. WILCOX.

This was an action for assault and false imprisonment,
brought by a captain upon half-pay against one of the mes-
sengers of the Army Pay-office, who seized the plaintiff,
and gave him itto the custody of a policeman, upon a
charge of violently assaulting his °tin %life in the hall of
the Pa)-cffice. The case was tried here in the sittings
alter last term, and the jury found for the plaintiff, in dr-
mages one far,hing on the first plea, of " Not guilty," and
for the defendant on the second plea, of justification,
Mr. Sergeant CIIANNELL now obtained a rule to show
cause why judgment should not be entered fot the plaintiff,
notwithstanding the verdict of justification, which, he con-
tended, was against cvidenco•

EXcHEQUER COURT—THIS DAY.

At the sitting of the Court this morning the following
new rule of Court was promulgated, being rendered Ile-
bcs9at,y) Baron PArtkis said, from the extreme d;ffieulty
that was found in cases where judgment was moved against
the casual ejector Hilary Term, 4th Victoria—lt is
ordered that a party entitled to appear to a declaration in
ejectment, May appear and plead thereto at any time
after service of such declaration, and before the end of
the fourth day after the term in which the tenant is re-
vired by the notice tO rippgsr,and may proceed to compel
the plaintiff to reply thereto, or may sign judgment of
mitt prutessi notwithstanding such plaintiff may not have
obtained a rule for a judgment on such service of declara-
tion, and that a plaintiff who may hare omitted to obtain a
rule for judgment within the time prescribed by the pre-
sent rules and practice, shall be entitled on production of
such plea, to an order of a Aviv for leave to draw up a
rule for judgment, as of the time at which such rule for
judgment would have been obtained."
Signed by all the Judges.
HOLFORD V. DUNMETT.

Mr. DUNDAS allowed cause against a rule fcr entering a
verdict for the defendant upon the second issue in this case.
Toe action was brought by the plihtiff for a bleach of
contract, the defendant having been tenant to the plaintiff,
and having covenanted to keep and leave the pseniiirs in
tenant-like repair. At the trial it was proved, that on the
defendant giving up possession of the premises, which
were situated near Manchester, the walls were damaged,
many fruit-trees cut down, the soil removed, end its place
filled with rubbish, &c. The Jury found for the plaintiff,
with 10/. damages. The Learned Gentleman contended
'bat the verdict ought to stand, for it was dear that the
pl4intifT was entitled to all the damages given him by the
Jury, although, perhaps, he might have made an error in
pleading.
Mr. COWIANO followed upon the same side.
Without calling upon Mr. Cressvrell to sustain the rule,
the Court said it was clear that the plaintiff could not re-
cover upon both points. Ile must therefore elect—either
reduce the damages, or have a new trial.
Mr. DUNDAS elected to have a new trial. Rule absolute.

THE LATE CAPTAIN HEWITT.

We have been favoured with the perusal of a letter
from the Secretary of the Trinity House, the follow-
ing extract from which will show the estimation in which
the services of the late Captain Hewitt we, e held by
that Corporation :
" The numerous occasions which bare brought that
officer in communication with this Corporation have af-
forded its members the means of justly estimating the
value of Captain Hewitt's exten,ive labours in the peculiar
branch of piofcssional duty to v!hich his later years have
been zealously and ably devoted, and f.om which this
Board has derived important assistance in maturing various
measures for promoting the safety of ships and vessels of
all classes, and of all countries, navigating those eangercus
parts of our coasts to which his scientific examinations
have been principally directed."
This testimony from a body so well qualified to
judge of the merits of Captain Hewitt, as a survey ing-
,ffieer, is alike honourable to them, and to the talented
in6ividual whose lamented death has elicited it, and
cannot fail to impress on the public mind a deep sense
of the lots the country has sustained by that event, and
to awaken their s)mpathy for his bereaved widow and
children.

We rejoice to have it in our power to state that, in
addition to the above handsome tcstim')fly, the Corp.
ration of the Trinity House have liberally subscribed

'he sum of 100/., and the Elder Brethren the same sum
:rum their private fund, in aid of the subscription now
,r 1 foot for the widow and children of Captain 11.

THE WEATHER.

The than continued yesterday in the metropolis, and
the lowest point of temperature at the Zoological Gar-
lons was 29 degrees at 10 o'clock on Monday night.
Yesterday morning at Hackney, at 8 o'clock, the ther-
,nonuter was 33 deg., and at noon 36 dg. Fahrenheit.

Incre was a very slight tail of snow in the night, which
nerely covered the surface of the ground. The wind
blew briskly from the west, and a few points inclining
to the north. Walking in the City was very unplea,ant
on account of the melting snow, which had been but in
`'esv places removed. Navigation on the river was much
impeded by tl.e masses of floa.ing ice, and the adjae,..,nt
creeks and rivulets were r,enerally locked up. Employ-
ment at the docks is quite at a stand still, and many
hands have been thrown out of employment. At the

Royal Exchange upwards of 100 hands were dismissed
yesterday, the weather being unfavourable to the ob-
aining of Thames ballast, as well as in laying the few)
Cation for the new building. No delay occurred by the
nails, coaches, or railroads.

KENSINGTON-GARDENS.—Both on Monday and yes-
(lrcli,y, notwithstanding the partial thaw, a considerable
portion of the ice on the round pond was uncovered
x•ith water, and afforded a fair opportunity for skaters,
cumbers of whop► were in attendance. O. the long
,vacr the number of skaters was on both days very few,
,wing to the quantity of sodden snow by which the ice
was covered.

TIIE SERPENTINE —During the early party of Mon-

tlay there was a considerable accumulation of water on
)ortions of the ice, while the remainder was covered by
~he additional fall of snow on Sunday night, whieli was
in a sodden state. The attendance on the ice, with the
exception of a few boys sliding, was, therefore, not
considerable. In the course of the afternoon, however,
the Duke of Brunswick and a few other gentlemen ven-
tured on, but for some time, owing to the absence of the
men who, previous to the partial thaw, were in attend-
ance to sweep the snow away, their efforts to skate
were almost useless. Yesterday still fewer persons ven-
tured en the ice, which appeared in an exceedingly bad
state.

Sr. JAMES'. PARK.—The ice very dangerous and
sloppy. The icemen exerted themselves greatly in
preventing persons from going thereon.
REGENT'S-PARK.—The ice more firm than in the
other parks, and the skaters more numerous. The ice
is, however, in parts much covered by water and sod-
den snow.

In neither of the parks, since the thaw has com-
menced, owinv, to the strenuous exertions of the ice-
men of the Royal Humane Society, has a single acci-
dent occurred ; and, to their credit be it said, that
since the commencement of the frost only one life has
been lost.

On the river, above the bridges, there was yesterday
a great accumulation of ice, which, should a renewed
frost set in, would in a few hours be set.

GLASGOW JUSTICIARY COURT•

TRIAL OF THE " LADY THIEF."—OiI Saturday Jane
Petresie, or Harris, was charged with the crime of theft,
in so far as on the night of the iiith or morning of the 16th
of October last, within the Commercial Hotel, Glassford-
street, Glasgow, occupied by Mrs. Stewart, she bad stolen
from the pockets of Thomas Bayne, Esq., commercial
traveller from Manchester, seven one pound notes and five
sovereigns; also, from M. Gobert Jacob Mces, of Rotter-
dam, a Bank of England note of five pounds, and three
sovereigns, from same hotel; also, oa the I 6th of Octubcr,
from the Royal Hotel, George-square (Carrick's), from
the pockets of Crean, the police.officer, two bank notes,
as also a card-case ; also, from the pockets of Robert
Paul, Esq., of the Commercial Bank, Edinburgh, same
place, Manager of the Commercial Rink of Scotland,
seven pounds—all the above sums having been taken while
the owners were asleep in bed.
The prisoner, in an audible voice, pleaded not guilty.
This trial excited a deep interest in the public rninrl.
The singulareircumstances attending the thefts with which
the prisoner stood charged—the boldness and dexterity
which had characterised their commission—the knovoi
superiority of the prisoner in point of education—and.
above al!, the mystery which hung over her history, all
combined to create a strong feeling of cur:ash', and to
beget an anxi us desire to see the prisoner and hear the
proceedings on her trial. The Court was accordingly
very much crowded, and among the spectators there was
a greater proi ortion of ladies than is usual. On Mrs.
.Harris making her appearance, the utmost eagerness was
manifesied to get a sight of her countenance. She was
veiled when she first entered the Court ; but, on her name
being called to hear the indictment read over, she lifted
the veil from her face. We were exceeilingly struck with
the alteration which bad taken place upon her from the
period of her imprisonment. Before her committment to
jail, we had an opportunity of seeing the prisoner, and
could not fail to mark, what every person who saw her had
observed, that she had a pair of most attractive, we had
almost said bewitching black eyes. On Saturday. how-
ever, her eyes bad undergone a most complete transforma-
tion. At. a distance the white portion of the eye-ball ap-
peared to be unnaturally prominent ; while a nearer in-
si.ection showed that she had a decided squint. This sin-
gular change gave her countenance, as may be supposed,
an appearance very different from that which formerly
characterised it, and certainly not in the way of improve-
ment. The impression upon some people in Court was,
that the squint was feigned; but, upon inquiry, we find
that it has been observale for above a month ; and that
the Surgeon of the gaol has given it as his opinion that
in ali likelihood, the strange alteration has been caused
by some disorder brought on by excessive anxiety of mind.
Unless when spoken to her by her counsel, Mr. Maxwell,
or by her agent, Mr. A. Young, the prisoner, throughout
the whole of the trial, kept her eyes shut, and, though pale,
maul sted the most perfect composure. She was dressed
in a straw hat and veil, and black silk gown and shawl, end
altogether her dress might be called becoming, if not
elegant.
Aft,r all the evidence had been adduced, Mr. Maxwell,
the prisoner's counsel, addressed the Jury, and Lord
1 Cockburn having summed up, stated his perfect belief of

the guilt of the prisoner.
The Jury, without retiring from the box, gave in a ver-
dict, unanimously finding tee prisoner guilty of all the
charges, with the exception of that relating to the theft
frum Mr. Mees, which bed been departed from by the
public prosecutor.
The prisoner was then sentenced to eighteen months'
imprisonment in the prison of Glasgow. Lord Medwyn,
in proposing, and Lord Cockburn, in passing sentence,
both expressed a doubt that they had dealt a too lenient
sentence The prisoner was evidently a woman above the
rank and condition of the ordinary race of criminals, and,
from her superior education, must have well known the
aggravated nature of the crimes she had committed. Thes
were not sure but seven years' transportation ought to have
been awarded ; but the Court bealg always inclined to
mercy, had, after consideration, resolved on doing so on
the present occasion.
The prisoner then left the bar.

CIIILD MURDER AND MUTILATION.—Yes-
terday an inquest was held before Mr. W. Carter, at the
King's Arms, Roupell-street, Lambeth, on the body of a
child (the sex of which could not be ascertained, in conse-
quence of the horrible way in which it had been mutilated),
found on Waterloo-bridge, on the afternoon of Friday last.
The particulars relating to which, anti the way in which it
was mutilated, appeared in The Sun of the following day.
Evidence having been given as to the finding of
the body by a captain in the Prussian service
he said, on hip examination yesterday, that he via,
led to look over the Inlustrade in consequence of
seeing a short stout woman, enveloped in a cloak ,
came out from one of the recesses in a hurried
manna r, and go off the bridge towards the toll-gate
us the :::;urrey side. Ile had not told this to the police,
but had kept it to himself until lie should give pis evidence
before this Court. Mr. Havers, surgeon, nig) examined
the child, said, on comparin;: the various parts of the body
which was divided into eight, lie should think the child
had been born about three days, but owing to an interior
portion of the body being missing he was unable to state
positively whether it was born alive or not. The neck
had evidently been stretched to fullest extent before the
head was detached from the body, which had been done
with a large knife, and before or immediately alter death.
The body had not been used for anatomical purposes,
Spector said he received an anonymous letter on the
previous evening, hut he thought its purport should not on
the present occasion be made public. Verdict, " Wilful
murder against some person or persons unknown."
FORTIFICATIONS OF PA RlS,—Tie journal
des 'Sciences illilitaires gives an account of itlleprobable
expense of the fortifications of
Paris and its detached
forts. The cost of each fort,
of which there are to be 100,
will be 3,C00,000 francs, and cons, (lucidly of the whole,
300,000,000 f. Twenty forts, or ortrestes, including the
fort.fied points of Charem son, Denis, and Mount Va-
lerian, Wilt Cost 16,000,000 francsrants each, making altogether
mj,igrrne, &e., cost
another 60,000 000 franc:
therntillery and
totalstoresf
20,000,000 francs mere, ineicin
60,000 000 francs, to g nothing c!".m"s
Ur say of the expense of
keeping, them up doting a period of peace.

EVENING EOITION.

t oURT CIRVULAR.

WINDSOR, TUESDAY.—Her Majesty and his Royal
Highness Prince Albert walked on the Terrace this
afterncon for some time. In the afternoon her Majesty
and his Royal Highness rode out in a pony phaeton, at-
tended by the Duchess of Bedford, Hon. Miss Page►,
Earl of Fingal!, Sir Robert Otway, and Col. Bouverie.
His Royal Highness Prince George of Cambridge
waled out for some time, attended by Lord Allred
Paget.

S:r James Clark will hate the honour of dining a
the Castle this evening.

The Duke of Cambridge, attended by Baron knese-
beck, left Belvoir Castle, Leicestershire, the residence
of the Duke of Rutland, yesterd,:y morning, for Leiccs-
ter, from whence his Royal Highness came to town by
a railway train to the terminus of the London and Bir-
mingham Railway, in Euston-square. His Royal
Highness arrived at Cambridge House at six o'clock.
Ilia Serene Hightuas Prince Edward of Saxe IVei-
mar arrived in town by the London and Birmingham
Railway on Monday afternoon, from a visit so her Ma-
csty the Queen Dowpger at Sudbury HAI. His 8,-
retie Highness left toAn in the evening tor the Roy al
Military College at Sandhurst.
The Agent for Jamaica had an interview with Lord
John Russell yesterday at the Colonial Office. Cap•
Lain Puttinger and It. M.Gurley,,Esq., had al,o au in-
tersiew with his Lordship yesterday.
Mr. 13,ake had an interview with the Marquis of
Normanhy yesterday at the Home 011iee.
Despatches from Lord Sydenham. in Canada, and
from the Governor of the Bahamas were received )t s•
tesday at the Colonial Office.

WOOL WICH-T UESDA Y.

ROYAL MARINES

Sergeant-NI jor Taylor, of the Woolwich division of ti'
Royal Alarines Ras presented with a medal for long rer_
vice and good conduct on Monday ; end in addition to Clis
honourable mask of distinction he obtained a 15/. gratuity.

NAVAL INTELLIGENCE.
The subscription originated by" Captain II rnby, C 8..
Superintendent of the Woolwich dozlt-yard, for the reli4 f
of the widows and children of the seamen at.d mann•
who were lost in the Fairy, now amounts to about 301,1,
and further sums contißue to be forwarded for that praise-
worthy object.