The Sun.
London, England, 1841-07-24 00:00:00

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LONDON, SATURDAY, JULY 24, 1841.

LAW_ INTELLIGENCE.
COURT OF CHANCERY, July 23.
The Lord Chanc,ot heard appeal motions and ap-
peals to-day.

diet in his favour for the amount claimed, if the Court
above should think proper.

NORTHERN CIRCUIT—York, July 22.
(Before Lord DENMA N. )
CRAVEN AND OTHERS V. THORNHILL.

CROWN COURT.
(Before Lord Chief Justice TINDAL.)
John Smith, aged 25, and Thomas Bennett, aged 28,
were indicted for having. burglariously broken and
entered the house of William Bones, putting hin
into .bodily fear, and stealing therefrom two pounds fis
shillings in money, a silver watch, and various other
articles.
Mr. Johnson prosecuted end-Mr. Chambers defended
the prisoners.
The prosecutor, a very old man, resided in a lonel'
cottage at Lumdcn Hills, in this county. About mid-
night on the 4th January"lua, lie heard a noise outsidt
his dwelling. He got out of bed, and seizing an ole
sword, went to the window, and observed in his gardei.
a man armed with a 'bludgeon. The prosecutor,
challenged him, but before he could obtain an answer he
saw a light pass from one of his outhouses to his cot-
tage, and immediately the pioncr Smith, followed by
another man, entered his sleeping room. There were
refreshments on the table, with which they regaled them-
selves. At that time there wee three men in the house,
the two prisoners and a man of the name of Springin,
who ,rss, at the last Assizes, transported for life for
another mv,nice. They then ordered the old man up to
bed, and in a short time Smits, who on entering had
L'Ocen the sword from the prosecutor, went to his
bei,..{,side and demanded his money. He gave
.him
Nshat time 51., which he said was all he
had. „Bennett afterwards entered the room, and
was seen '";by the prosecutor to take a jacket that
hung At OW foot of the bed. The prisoners after-
wards made \the old man get tip and supply them
with some wine and on his return he saw Smith with
his (prosecutor's ?breeches in his bands, from the pocket
of which- he took sovereign. The prisoners also took a
great number of 0t47 articles, inclncinga silver watch and
ci,rne wearing apporel, The dawn stairs, -
and after carousing for some time, Smith and Spengin
returned to the old man's room, here the former stood
over him with the sword in his hand, and demanded
more money ; finding, however, that they could
not succeed, they bound him hand and foot with a
clothes line, and in that state left him. About seven
o'clock in the morning, the prosecutor succeeded in
releasing himself, and immediately gave an alarm. About
a fortnight afterwards, the prisoners were apprehended
at Grays, in Kent, and were distinctly identified by the
prosecutor. The stolen watch was discovered at a sil-
versmith's at Dartford, to whom it had been sold a day or
two after the robbery ; and the other articles were
pledged at a pawnbroker's in the same town, but neither
the silversmith nor the pawnbroker would swear to the
identity of the prisoners. Considerable amusemennt was
created in the Court by the policeman's narrative of the
mode in which the prisoners were presented before the
prosecutor in order to be identified. The poor old man was
first put to bed, and the prisoners were then placed in
the positions and attitudes described by him as attract-
ing his particular attention when the robbers were in
the room, and he then declared his perfect satisfaction
that they were two of the men.
Mr. Cuasinints addressed the Jury on behalf of the
prisoners, and commented in very strong terms upon the
course adopted by the policeman as a means of identi-
fying the prisoners ; and suggested that the prosecutor,
who was so very old, had been practised upon by the
tableaux-vivant described by the policeman, and induced
to believe that the prisoners were the actual robbers.
The LEARNED JUDGE summed up at considerable
length, and observed that all the ingredients necessary
to constitute a burglary had been clearly proved, and the
whole case turned upon the identity of the prisoners.
He thought that very unfair means had been resorted to
for the purpose of identifying the prisoners. It was a
practice neither warranted by precedent or principle, and
lie hoped such an exhibition would never occur again.
The Jury, after a short consultation, returned a ver-
dict of Guilty against both prisoners, and
The LEARNED JUDGE sentenced them to be severally
transported for the term of ten years.

This was a Special Jury case.
Mr. Cresswell, Mr. Hildyard, and Mr. H. Hill appeared for
the ph intiff, and Mr. Knowles, assisted by Mr. Tomlinson and
Mr. Watson, conducted the defence.
The plaintiffs were three brothers, who occupied twn farms
lately tenanted by their deceased father, arid which belonged
to the defendant, a gentleman of very extensive possessions in
this and in other countries. It appears to have been the cus-
tom of Mr. Thornhill to let his farms to tenants from year to
year, upon such terms as to the course of husbandry and the
coming in and goir.g out of tenants as were expressed in cer-
tain old leases of the same property. It was alleged that
the father of the plaintiffs had been let in on these terms,
but for some reason or other notice was given to the sons to
quit, and on quitting they claimed to be valued out, according
to the custom of the county. The defendant had just before
parted with his steward, Mr. Oastler, on account of some
difference between them, and who had taken a great quantity
of documents away with him, and among the rest the two leases
which related to the two farms in question. The under-
steward was also dismissed about the same time, and the new
steward having no means of ascertaining that the claim of the
plaintiffs to go out according to the custom of the county was
not right, appointed a valuer on behalf of the defendant, who
valued with one appointed by the plaintiffs. The two valuers,
going upon the supposition that the custom of the county was
to be their rule, after some differing, agreed to fix the RIM to
be paid to the plaintiffs on going out at 2851. Subsequently
Oastler was worsted in an action brought by Mr. Thornhill
against him, and then he gave up the documents, and the old
leases were discovered. The defendant refused to pay for the
valuation, which it was said was obtained by the fraudulent
statement of the plaintiffs, who then brought the present ac-
tion. The defendants paid 1101. into Court, and the plaintiffs
now sought to recover the remaining 1751.
Mr. KNOWLES addressed the jury on behalf of the defen-
dant, and produced witnesses to prove the terms under which
old Craven came in ; that the old leases were read to him, and
that he was made fully aware of their contents, and assented to
the terms; also, that the plaintiffs,,, in statha, 00....tervm, of
holding to the aefgaint's present steward, had suppressed
these facts, and denied that they held under any express terms,
but according to the custom of the county.
Mr. CRESSWELL replied, and
His LORDSI4IP, in his observations, seemed to think that the
appointment by the agent of the defendant of a valuer, and his
valuation having been made, were facts too strong to admit of
the result of that measure being rebutted by the evidence which
had been adduced.

DUNCVAFT V. ALBRECHT.
This case came befoo the Court upon appeal from the
decision of his Honour„ the Vice-Chancellor, overruling
a demurrer filed by the defendant to the bill of the
plaintiff. The plaintiff ;`,led his bill for the purpose of
obtaining the specific /:Irformance of an agreement
which had been entered N'oto between the plaintiff and
the defendant, by which, itt was alleged on behalf of the
plaintiff, the defendant agreed to eel' to him fifty shares
in the London and South-Western Railway Company at
the price of 461. per share. ,To this bill the defendant
put in a demurrer, asserting ,that no agreement in writ••
ing had been entered into by hitt to sell the shares in
question, and that therefore 4he pllaintiff had no equity
entitling him to call for the interpo:Zition of the Court.
On the case coming before the Vicel-Chancellor, his
Honour overruled the demurrer, and froin that decision
the present appeal was brought.
Mr. Richards and Mr. Mylne appeared oh'. ,behalf of
the appellant, and Mr. Wigram and Mr. PigOt `-.l..vere in
support of the order of the Court below.
The LORD CHANCELLOR, without calling upon ahe
two latter gentlemen to address the Court, gave judg'7
ment, affirming the decision of the Vice-Chancellor.
with costs.

VICE-CHANCELLOR'S COURT, July 23.
His Honour the Vice-Chancellor was occupied the
whole day with hearing short causes and unopposed
petitions, none of Which possessed any points worthy of
a particular report.

SECONDARIES' COURT, July 23.
(Before Mr. Secondary POTTER.)
GREVILL V. BROWNING.
This was an action to recover the sum of 161. lfls. 7d.,
-fur g.Aals sold and delivered. The defendant pleaded
that he was not indebted.
It appeared in the evidence that during the time the
goods were being supplied, the plaintiff removed from his
shop, and commenced business as a meat-salesman, leav-
ing the management of his former business to his step-
son, a young man about nineteen years of age, who had
frequently solicited custom in his own name, saying that
his father had resigned all connexion with the business,
and some of the bills furnished to the defendant in the
present action were made out in the name of the son.
Mr. PAYNE, for the defence, argued that the debt was
contracted with the son who was a minor, and might have
sued by his next friend ; but if he did so he would be
liable tor the costs, and it was more convenient, there-
fore, to bring the action in the present form. He begged
the Jury to consider that as some of the bills were made
out in the son's name, his client might be again sued and
compelled to pay.
The Jury, after a short consultation, returned a ver-
dict for the plaintiff in the full amount claimed.

Verdict for the plaintiffs—Damages, 175/.
Mr. Justice WIGHTMAN, in the course of the day, disposed
of three or four cases in the other court.

COURT OF BANKRUPTCY—JuIy 23.
(Before Mr. Commissioner FONBLANQUE.)
3IARIVS MERENTIE'S BANKRUPTCY.
This was the day fixed to take the choice of assignees
against this estate. bankrupt is described as a merchant
of King William-street, and had connexion with firms of the
same name at Paris, Marseilles, &c. and the choice of assig-
nees was, after some short discussion, adjourned to allow time
for proofs, &c. to be received thence.

PRICE 5d

CORK, JULY 20.

TO THE EDITOR OF THE SUN.
SIR—The name of Hall appearing upon the Tory side
in Ireland has surprised many ; but, Sir, to any person
well acquainted with. that country, it cannot be matter
of disappointment. The well-informed Irishman, he
.vho has travelled Ireland from her Very centre to her
extremity, must be well acquainted. with many of Mrs.
S. C. Hall's " Sketches," which in truth breathe love of
country. Now, Sir, I am an ardent admirer of my
coentgwornan's talents, but I am by no means willing to
allow tidmiration of the writer to do an injustice to my
unfortunate country.
Ireland's miseries, Mrs. S. C. Hall would make
the world believe, are owing to the procrastination of
her countrymen. As well might we trace the poverty
of the Spitalfields weavers, and set down the squalid
misery that surrounds them, to their own want of exer-
tion, as to say Irishmen have the power of bettering
their condition, when it is notorious that she has no voice
in the Parliament of England.
But Ireland will never want tyrants while England
can find a degenerate Irishman willing to forge fetters'
for his unfortunate country. If anything is wanting to
prove it, I refer the doubtful to the fact of Mrs. Hall's
husband offering himself as a leader to the vile Orange
faction, which would annihilate every vestige of civil and
religious liberty, and make Ireland a pandemonium of
horrors.

Mrs. Hall's writings, though pleasingly descriptive,
have ever had a tendency to sink the moral and physical
character of the Irish in the estimation of the unlearned
of her readers, who had not, of course, the opportu-
nity of judging for themselves, by tours of pleasure, &c.
Whatever might have influenced such policy, it is not
for me to say ; but this I cannot help remarking, for my
own part I have ever looked upon Mrs. Hall's writings
as class productions, with a tidy smattering of blarney
to nitYlify'the pisantry, and make good men give credit
to their truth.

I remain, Mister Editor your humble servant, and the
mortal hater of renegade Inshmen—(sweet bad luck to
them 1), Capt. ROCK k .

CHARTIST AVOWALS.

[The Tories, who have courted and accepted Chartis
support, may learn from the following letter why it was
given.]
TO THE EDITOR OF THE SUN.
" The Chartists who speak and vote for the Tories givs
their assent to the Tory doctrine that they are and
ought to remain slaves.' —Mems. of the Day—The
Sun, July 22.

Ma. EDITOR—YOU seem determined either to obtusely
misunderstand, or factiously misrepresent the objects of
the Chartists, which are certainly not those of supporting
or of defending Tory doctrines, but rather of setting both
parties (Whig and Tory) by the ears, in order that honest
men may come by their own.
With all due deference to your editorial capacity, I
shall continue to be A CHARTIST.
Horton, July 23 1841.