The Sun.
London, England, 1840-07-20 00:00:00

THE SUN, LONDON, MONDAY, JULY 20, 1840.

UNIVERSITY INTELLIGENCE.

CAMBRIDGE' JULY 18. —At an ordination held in the
Cathedral Church of Peterborough, on Sunday last, the
Lord Bishop admitted the following gentlemen into Holy
Orders, viz. s

DEAOONS —Alexander Annand, jun., M.A., of Jesus
College, Cambridge ; William Francis Cress, B. A.,
Pembroke College, Oxford ; Robert James, B. A., Clara
Hall, Cambridge - William Langston Scott, B. A., Caius
College, Cambridge.
Paiasr—Joseph Jackson, B. A., St. John's College,
Cambridge.
On the 14th inst., the Lord Bishop of Peterborough,
instituted the Rev. Edw. Baines, M. A., to the Rectory of
Clipstone, Northamptonshire, vacant by the death of the
Rev. John Hanley ; on the presentation of the Master,
Fellows and Scholars of Christ's College, in this Uni-
versity.
The Rev. E. T. Alder, M. A., formerly of St. Peter's
College, in this University, has been appointed by the
parishioners to the perpetual Curacy of Metfield, Suffolk,
void by the resignation of the Rev. Alfred Stead, M. A. ,
of Caius College.
The Rev. W. Dodsworth Bates Bertles, M.A., of Pem-
broke College, in this University, domestic Chaplain to
the Earl of Mount Cashel, has been appointed to the
evening lectureship at Milverton ; patrons, the Trustees of
the late Mrs. Morgan.
The Rev. John Denny Gilbert, M. A., of St. John's
College, in this University, has been instituted to the
rectory of Hellington, Norfolk, on the presentation of
William Alexander Gilbert, of Cantley, in the said
county, Esq.
The Bishop of St. Asaph has been pleased to collate
the R7v. James Foulkes Roberts, M.A., of St. John's
College, in this University, to the rectory of Llandulas,
in the county of Denbigh.
The Rev. Henry Vane, 8.D., Fellow of Dulwich Col-
lege, Deputy-Clerk of the Closet to her Majesty, and
domestic Chaplain to Lord Holland, is stated to have re-
ceived the appointment of Dean of Durham.

LAW INTELLIGENCE.

ROLLS COURT.-JULY 18.

DI7RHASI AND SUNDERLAND RAILWAY COMPANY V.

WARNE.

Mr. Bethell and Mr. Hane appeared for the de-
fendant, and Mr. Pemberton for the Company.
This was an application to set aside the injunction
obtained ex parte against the defendant, restraining him
from pulling down the railroad and works extending
over grounds of which he is a tenant, in common with
several others. The following are the facts of the
case :—The defendant is one of several persons, tenants
in common, of certain lands on the banks of the Sunder-
land canal, through which the works of the railway
must pass ; the plaintiffs entered into arrangements for
the purchase of the interest of the other proprietors,
but the defendant refused all terms, and when the deed
was presented to him for his signature, refused his as-
sent to it. The Company entered on the lands, pulled
down the houses thereon, and commenced erecting the
works for the completion of the railroad, which the de-
fendant threatened to pull down, and had thrown inter-
ruptions in the way of the Company when the present
bill was filed, and an ex parte injunction obtained there-
on. Notice having been given of this application to
discharge the injunction, the Counsel for the defendant
contended that the Company had no right to come for-
cibly on his lands, and pull down the houses, without
making making him satisfaction, and that the Court
could not equitably sanction that body in taking the law
into their own hands, when they had the power of pro-
ceeding by legal means to ascertain the value of the
lands previously.
For the Company it was urged that one of many in-
dividuals having identical rights, should not be permitted
to exercise his litigious spirit to interrupt a great na-
tional work, where those similarly situated had assented
to the use of the lands for that purpose ; and that since
the defendant could not prevent the Company from tak-
ing the lands, the assessment of the value was as easy,
after the works were going on upon them as before.
Lord LANGDALE would give judgment before the
holidays, which will commence on the eighth or tenth of
next month.

LORD MAYOR'S COURT, JULY 18.
(Before the RECORDER and a Special Jury.)

BARBER AND ANOTHER V. THE CORPORATION OF

LONDON.

This was a claim made against the Corporation of the
City of London by Mr. William Barber and Mr.
Thomas Howse, merchants and warehousemen, of No.
20, King-street, City, for compensation for their inte-
rest in these premises, which are required to form the
new street from the Bank to West Smithfield, passing
the north-east side of the General Post Office.

The Solicitor-General, Sir Frederick Pollock, Mr.
Ryland, and Mr. Randall, appeared for the claimants,
and Sir William Follett, the Common Sergeant, Mr.
Gurneys and Mr. Bullock, for the Corporation.
The jury, having been sworn, proceeded to view the
premises, and on their return a consultation took place
between the Learned Counsel engaged on either side.
After the lapse of about an hour,
Sir W. FOLLETT, addressing the Learned Recorder,
said—My Lord, we have settled this case, and my
Learned Friends opposite have agreed to the following
verdict :

First—For the value of the leasehold interest of the

claimants in the premises £2,300
For the fixtures
980 For other loss and damage

Making together
A verdict for 3,800/. was then recorded.

~.. £3,800

Oa Friday the sum of 10,750/. was given to Mr.
John Martin for his freehold interest in the same pre-
mises ; making in the whole 14,5501., exclusive of legal
expenses.
HEATHI,IELD AND ANOTHER V. THE SAME.
In this case Mr. Fitzroy Kelly, Q. C., Mr. Ryland,
Mr. Randall, and Mr. James, appeared for the claim-
ants; and Sir William Follett, the Common Sergeant,
Mr. Gurney,and Mr. Bullock, for the Corporation.
Mr. KELLY said he appeared for Mr. Richard Heath-
field and Mr. Samuel Cartledge, who were carrying on
an extensive business as commission agents and lace
merchants, at No. 31, Cateaton-street. They had re-
sided in the same house for many years. He (Mr.
Kelly) should prove that the lace market, as it was
called, was confined to a very small locality. The
claimant's business consisted of effecting sales of lace
on commission ; they also traded in lace, &c., on their
own account. The premises which they now occupied
were situated in the mart, to which the dealers in lace
resorted. Th,!: claimants could not obtain other pre-
mises equally eligible for their business. Messrs. Heath-
field and Cartledge had exerted themselves in vain to find
other premises where the lace trade could be carried on,
and where obliged to take premises in Addle-street,
which were entirely out of tha beat of the dealers. lie
should prove that the claimants must lose a consider-
able portion of their trade by their compulsory removal.
The Learned Counsel then called a number of wit-
nesses to prove his case, and Sir W. Follett addressed
the Jury for the Corporation.
The RECORDER summed up, and the Jury, having
briefly consulted together, returned the following ver-
dict :—For leasehold interest, 4801. ; loss by removal,
&c. (including fixtures), 370/. ; total, 8501.

MARLBORO UGH-STREET.

THE PLATE ROBBERY AT LORD KINNOUL'S---.
John Phethion, and Susan, his wife, were charged with
having stolen a quantity of plate, the property of Lord
Kinnoul, in Green-street. Thomas Nathan, the butler,
said the prisoner, who had been in his Lordship's ser-
vice for ten years, and filled the situation of under butler
was told to get the plate ready, that he (witness) might
see that all was right. The prisoner and witness went
into the room where the plate was kept, and witness
found the plate had been put into green bags. The
prisoner said he had examined it, and finding it all right,
had placed it as was customary, in the baize bags.
The prisoner then gave an account of the articles
in the bags, and witness believing his statement,
entered in his book the account, and fastened up
two of the plate chests. On proceeding to examine
a third chest, a silver lemon dish, four silver salts, and
a silver snuffer tray, were deficient. When all the
plate was looked over, besides the articles enumerated,
about a dozen silver spoons, and half a dozen silver
forks, were also missed. The prisoner admitted having
pawned the property, and promised, if allowed an hour,
to redeem it. The prisoner went out of the house,
accompanied by a servant, but he returned without hav-
ing been able to raise money to get back the property.
Witness received some duplicates of the property from
the prisoner, and he released some of the articles him-
self. The prisoner took an opportunity, while the ser-
vants were busy, of leaving the house, and he did not
again make his appearance until brought back by a per-
son who met him in the street. It having been ascer-
tained that the prisoner's wife had pawned some of the
plate, she was given into custody. The butler told Mr.
Henry that he had thought it prudent to examine the
contents of the two chests, said to be right, and he
found some of the plate deficient.
Several pawnbrokers produced the missing property,
which was identified by the butler.
The male prisoner declined to say anything at pre-
sent, and was fully committed for trial.
A second case was preferred against the prisoner. It
appeared that when accidently met with by Mr. Graham,
a publican, and obliged to go back to Lord Kinnoul's
residence, he called on the way upon a friend, and left
a small parcel with him. Inspector Beresford ob-
tained this parcel, and found a duplicate for a silver
saucepan belonging to his Lordship, which had been
pledged some time back. This case was also taken
against the prisoner.
The wife was ordered to be discharged.