The Sun.
London, England, 1841-01-26 00:00:00

WOOD V. HITCHING&

This case came before the Court upon exceptions taken by the
plaintiff Sir Matthew Wood, M.P., to the Master's Report, which
Report had overruled the exceptions taken by the plaintiff to the
defendants' answer. As every newspaper reader knows that the
cause of " Wood v. liitchings" relates to the will of the late Mr.
James Wood of Gloucester, and is acquainted with the hi. tory of
the same, and as on former occasions we have fully reported this
case, it is unnecessary, by again narrating the circumstances, to
take up that space which will be better occupied by more novel
matter. We shall, however, report the judgment of the Master
of the Rolls when delivered.
The arguments of Counsel will not be concluded to.day.
The Court will not sit tomorrow (this day,)

COURT OF QUEEN'S BENCH, JAIN. 25.
(Sittings in Banco.)
TIIR QURRN V. THE iNitserrArirs OF BARNARD'S CASTLE.
In this case a rule had been obtained, calling on the prosecutor
to show cause why the fine of 301., imposed upon the defendants,
should not be stayed. It was an' action for the non repair of a
turnpike road, for which it was alleged that the defendants were
liable, and which they had singe put into proper repair.
The Couar, after hearing the arguments of Counsel, granted the
rule

Mr. CassweLL moved, on behalf of a party whese name did not
transpire, for a rule to show cause why a writ of certiorari should
not issue to bring up the proceedings of an inquisition taken before
the Coroner for the County of Lancaster, and why the patty against
whom a verdict of manslaughter bad been returned by the Jury
should not be admitted to bail in the country. It appeared
that the death of an infant three weeks old had been caused
by the administration of laudanum ; arul before the Coroner
evidence was given that a girl had gone to the shop of
the chemist against whom the verdict had been returned, and
asked for some Godlrey's cordial, and that he gave her lauda_
num. The defendant stated that he had the affidavits
of two persons who were in his shop at the time, and who deposed
that the girl asked for laudanum. Another witness had since come
forward who was also present and who deposed to the same effect.
his application to be admitted to bail in the country was not
founded on the plea of poverty, but upon the matifest injury which
would be the result of taking away a chemist from his business.
The COURT said it had become almost the practice to take bail in
the country in such cases, and granted the rule.

THE NEW JUDGE.
It was currently reported in Westminster Hall this morning
that Mr. Wightman was to be this new Judge. There seems to
be no doubt Do the subject of the retirement of Mr. Justice Little-
dale at the conclusion of this term. The new Judge, whoever he
may be, will go the Northern Circuit with Mr. Baron Maule.

BAIL COURT, .14. v. 25.
(Before Mr. Justice WILLIAMS.)
RLVENIIILL r. KENTON.
Mr. Cuose applied on behalf of the defendant in this case, who
is a barrister, and who was brought up this morning in the custody
of the Marshal of the M.,rshalsea on a habeas corpus, in order that
lie might be charged in execution for a remand until the end
of the term, in order to give the plaintiff an opportunity of
answering an affidavit of the defendant, which set forth that he (the
defendant) had no notice of a writ of habeas having been lodged
with the ►narshal to bring him up to be charged in judgment until
Saturday evening last ; that he was not aware that any judgment
had been obtained against him, and that he had never received any
notice of trial in this case, nor had he ever been served with any
rule to compute ; that his residence for the last three years had
been Providence Cottage, near Ripon, and that no service
of any noticeof trial, or of any rule to compute, had been made
then. On these grounds he moved that the defendant should be
remanded until the last day of Term, and that a copy of the de.
fendant's affidavit should be served on the plaintiff:
Mr. Justice WILLIAMS—Why not move to set aside the judg.
ment on the ground of irregularity ?
Mr. Cross—That is our intention.
Mr. Justice Wicciams—You may take a rule, calling on the
plaintiff to shew cause why the v‘rdict and judgment in this case
should not be set aside on the ground of irregularity.

COURT OF COMIVON PLEAS, JAN. 2b.
(Sittings in Banco.)
DLYNN v. noLISTON.
This was an action for false imprisonment, brought against the
defendant, Sir I'. Houston, who was Governor of Gibraltar from
1831 to 1835, in the former of which years the house of the plain-
tiff, a merchant residing in the town at the time, was entered by a
party of soldiers, whose officer stated that they were sent by the
Governor to search for General I'errijos and other Spanish refugees,
who were suppored to be concealed there. A sentinel was placed
at the door, and Mr. Glynn and his family were placed under a sort
of arrest, whilst the search was being made. For this the ac.
tion was brought, and damages were laid at 10,0001. The
case was tried at Guildhall, before Mr. Justice Erskine,
when the Jury found for the plaintiff, damager 501. The
Attorcey-General since obtained a rule nisi to set aside
the verdict, and grant a new trial, on the ground that the
evidence was not sufficient to bring home the act of the sol-
diery to the Governor; and secondly, that if it were so, Sir T.
Houston' was justified by the order of the Secretary of State,
who directed such search to be made, as it was understood
that Torrljos and other refugees at that time concealed in Gib-
raltar, were preparing to invade Spain, with which Great Britain
was at peace, from British territory; and the result proved that
the Government acted upon correct information. Tne Governor
was not personally responsible for his obedience to that order ;
but if he were, the inconvenience complained of by the plaintiff
was not connected with him by the evidence at the trial.
The SOLICITOR-GENERAL and Sir FREDERICK POL.
LOCK showed cause against this rule, contending that
the evidence was sufficient to establish against the Governor
the illegal detention of Mr. Glynn and his family—that the Jury
were justified by the facts, and that the damages were not exces-
sive. The Governor was not justified by the orders from the
Government at home to arrest unaccuscd person.
The ATTORNEY-GENERAL
The t;:o. trier held that the question was properly put to the Jury,
and that the verdict was borne out by the evidence.
Rule discharged accordingly.
---
COURT OF EXCHEQUER, JAN 25.
The Court has given notice that their Lsrdahips will sit in
Banco on the 11th, 12th, and 13th of February, for the purpose of
disposing of the cases which play remain in the new trial and the
special paper at the end of the term.

_ __.....
Ni,tl In; of the slighteit importance to the publia came before the
Court to-day.

POLICE INTELLIGENCE.

MA NSI ON-HO USE.
Richard Moore, who has undergone several examina-
t.ol4 on a charge of uttering forged notes to a large
amonnt, was yestei day, after a long examination beforo the
Lord Mayor, committed for trio].

GUILDHALL.
PERJURY AT THE LATE ELUCTION FOR BRIDORMASTER.--
Yesterday John Baker, alias Gillan, was placed at the
Our before Mr. Alderman Farebrother, for re-examination
an a charge of falsely representing himself to be John
Baker, a Liveryman of the Combonaker‘' Company, and
under that name and qualification voting for the election of
Mr. Gibbs. The attempt to identify the prisoner was a
failure, and Mr. Alderman Farebrother declined to com-
mit the prisoner for trial.

William Morris was tb en placed at tha bar upon a simi-
lar charge, and eviderm.: adduced by which it appeared
that be voted for Mr. Gibbs under the name and qualifi-
cation of John Reynolds, Liveryman of the Plumbers'
Company.
John B. Tonese, Clerk to the Plumber's Company,
stated that there was no such name to be found on the
roll of that guild.
The prisoner was remanded to Friday, the Alderman
intimating that he would be
,inclined to accept bail, the
prisoner in 1001. and two sureties in 501. each.

At the meeting of the Commissioners of the
Croydon Court of Requests, on Saturday, Mr. Hoare, the
churchwarden of the parish of Morden, was summoned by
the landlord of the Greyhound Inn, Carehalton, to show
Cdtllo why he refused to pay the sum of 41 25., for wine
furiii,lied to the churchwardens for the purposes of the Sa-
crament. When the case was called on, Alr;'lities, who
sat as a Commissioner, and who was formerly churchwar-
den of Morden, explained that the reason why payment of
the present amount was refused was because the church.
wardens considered they were not legally liable for the
amount. All the wine that was consumed was paid for
every quarter; but it appeared that a person who was for.
merly connected with the parish, but who had since been
discharged for misconduct, had ordered time wine, and he
had been paid for it, but hal neglected to pay the com-
plainant, and he considered that this was the party who
ought to be sued, and not the churchwardens. A very
warn discussion then took place among the Commissioners
as to what course should be adopted, and whether the
churchwardens were liable, under the circumstances, to
pay the amount. Mr. Parker, the clerk of the Court,
said-it was to bo regretted that such a case as the present
should occur, but he thought that as the person who had
ordered the wine for the churchwardens was an au-
thorised person, and it was his orders to do so, the
Churchwardens were liable to the landlord for the amount
that had been supplied. The Court, after some considera-
tion, expressed their opinion that it would be better for
the ease to stand over for a few days, and in the meantime
the parties might come to some amicable arrangement
vi h .ut the farther interference of the Court. The case
was, accordingly, ordered to stand over for that purpose.
Madame Viardot (Pauline Garcia) is engaged
at London for the ensuing season. She is to leave Paris
about the 20th of February. and will appear in London on
tilt. sth of March next.—Gazette Musicale —The Puri
sins deem to know more than we do about our open,
arrangements, as to which the public remain entirely igno-
rant. Under proper management, her Majesty's Theatze
ought to hare been open by the meeting of Parliament.