The Sun.
London, England, 1847-12-07 00:00:00

QUEEN'S BENCH.-(THIS DAY

GAULT V. RAYWORTE.
This was an action of debt for money had and re-
ceived. The plaintiff was one of the allottees in the
Direct London and Exeter Railway Company, and the
defendant, a manufacturer at Leicester, was a provi-
sional committee-man of ,the same concern. The action
was brought to recover the sum of 341. 7s. 6d., the
amount of deposits paid on twenty seven Direct London
and Exeter shares, and the grounds upon which the
plaintiff rested his claim were, that the company was
fraudulently concocted, while the managing committee
neglected to allot to the public the full number of shares
advertised in the original prospectus of the concern.
The allotnic,nt letter and the receipt for the deposits were
produced, but the evidence failed to prove that the de-
fendant, was on the managing committee.
Sir F. KELLY, therefore, contended that the defendant
was not liable, inasmuch as he had nothing to do with
the allotment of the shares. He was only a provisional
com mitteeman, and could not possibly be responsible
for the acts of the managing committee, who were a self-
elected body, over whom he could have no control. In
point of fact he was nothing more than an allottee, like
the plaintiff, and had just as much reason to complain of
the managing committee as the plaintiff himself.
Mr. Justice COLERIDGE took the same view of the
case, and thought, as there was no case to go to the jury,
the plaintiff had better be nonsuited.
Mr. PETEREDORIFF declined, however, to adopt the
suggestion of the Court, and
The jury returned a vero.ict for the defendant.

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EXCHEQUER.-(THIS DAY.)
(Trial at the bar before Mr. Baron PARSE, Mr. Baron
ALDERSON, Mr. Baron ROLFE, and Mr. Baron PLATT.)

BUREN V. DENMAN.
This case, which was calied up at the sitting of the
Court this morning by adjournment from yesterday, was
again further adjourned, in consequence of the non.
attendance of the jurymen. Yesterday ten of them
answered to their names, and the case was adjourned till
to-day, in expectation that the others would be in at-
tendance. 011 the panel being called over to-day only
eleven entered the box, and, after some little discussion,
in which it was thought hopless to procure the attend
ance of the requisite number by another day's adjourn-
ment, their Lordships finally adjourned the case over till
next term, itt order that a new jury process might be
issued.

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The ATTORNEY•GENERAL said that he had done
everything that rested with him to bring the case to
trial to day, and it was clear that the difficulty had
arisen in consequence of the charge of the venue from
London to Middlesex.

The case of " Juninez v. Denman" waa also adjourned
till next term.

The Court then sat i❑ banco, and proceeded with the
demurrer paper.

COMMON PLEAS.-(THIS DAY

GRIFFIN W. LOWE.
This action was brought by Mr. Griffin, who is an
architect and surveyor, to recover the sum of 2,420/.
from the defendant, as one of the committee of manage-
ment of a defunct company, called the Birmingham and
Boston Dire ct Railway Company. The amount sought
to be recovered was the balance alleged to be due to the
plaintiff out of 3,1201., which was his charge for survey.
ing and mapping a portion of the line, at the rate of 801.
per mile.

- The liability of the defendant wss admitted, but tho
Learned Counsel for the defendant disputed the amount
claimed by the plaintiff, on the ground that the plans
were imperfect, and ultimately, by the consent of both
parties, the action was made the subject of a reference

MI DDLESEX SESSIONS.
.••• _
(THIS DAY.)
• • The December General Sessions for the county corn
.••• menced this day before the Assistant Judge and a ful
••• bench of magistrates, at the Court House, Clerkenwell.
..•
•.• green.

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The ASSISTANT JUDGE briefly addressed the grand
nry.

William Todd, found guilty at the last sessions of
robbing a man at the Caledonian Coffee-house, appeared
for judgment this morning, when he was sentenced to
four months' imprisonment with bard labour.
Andrew Barnes, an old offender, who was indicted for
stealing nine bagatelle balls, the property of Mr. James
Ilsley, the landlord of the Rose and Crown public-
house, Drury-lane, was sentenced to seven years' trans-
portation.
William Wood pleaded guilty to two indictments,
charging him with stealing three great coats and a shirt,
the property of severally John Wilcox Wakem, Arthur
Young, and Edward John Vivian.

ThZ;facts of this case have been very recently fully
reported. The prisoner was a medical student, and ap-
prenticed to Mr. Partridge, Spring-gardens ; and the
prisoner was detected by a policema❑ of the F division
pawning the coat belonging to Mr. Vivian in the Strand,
and taken to I he station-house.

Mr. CLARKSON pleaded, in mitigation of punishment,
that the prisoner up to the present charge had borne the
most exemplary character, and he was prepared with
witnesses to establish the fact. The fact was, that the
prisoner oa ed the present degraded and unhappy posi.
tion in which he stood to the circumstance of his having
got cos netted with a certain sporting house in St. Mar-
tin's• lane, the name of which he should not mention ;
but from the moment the unfortunate youth put his foot
inside the door of that house, from that moment he might
date his ruin. lie should now call witnesses to the pri-
soner's character, and he trusted the Court would deal
mercifully with him.

Mr. Partridge said he was a surgeon, and said the pri-
soner ens an apprentice, and up to the moment he was
taken in the pawnbroker's shop in the Strand ho enter-
tained not the slightest doubt of the prisoner's honour
sad probity.

Several ether witnesses were called, who gave the
prisoner an excellent character up to the time of the
present share being brought against him.
The ASSISTANT-JUDGE, after a feeling address to the
prisoner, sentenced him to be imprisoned fur two months
for each offence, and kept to hard labour.

SURREY SESSIONS.--(THIS DAY.)
(Pefore Mr. PucKLE and a Bench of Magistrates.)
Anne London was indicted for stealing a silver spoon
and other articles, the property of Elizabeth Jane
Titling. The prisoner had been introduced into the
house when she committed the offence by a female ser-
vant of the prosecutrix, and the articles in question were
subsequently missed. She was convicted and sentenced
to six months' imprisonment with hard labour.
John Renew was indicted fur stealing a watch
from the person of Thomas Goodchild o❑ the 15th ult.
On the day in question the prosecutor was with his wife
in a public house at Kingston-upon-Thames, but feeling
unwell went into the open air, and leaned against the
wall. He was followed by the prisoner, and telt some-
body snatch the watch out of his pocket. The prisoner
was seen to throw something out of his hand,and the watch
was subsequently found near the place where prosecutor
was standing. The prisoner, on being charged with the
offence ran away.
The jury returned a verdict of Guilty.
The prosecutor recommended him to mercy.
The prisoner was sentenced to be imprisoned for six
months with hard labour.

THE ASPIRATED " H."—Mrs. Crawford says she
wrote one line in her song, "Kathleen Mavourneen," for
the express purpose of confounding the Cockney warb-
lers, who sing it thus:—" The orn of the unter is eard
on the ill;" but Moore has laid the same trap in " The
Woodpecker" —" A art that is umble might ope for it
ere."

IMPORTANT TO SUIPOWNIRS.—The following ex-
tract from the Telegraph and Courier Indian overland
summary, will serve to show the shipowners of London
and Liverpool how their pockets have been made to
suffer for some time past, in the matter of freight.
They ought to bestir themselves to put an end to such a
system :—"One or two letters have appeared in the
Telegraph and Courier on the subject of the incorrect.
ness of the callipers used 'in Bombay for measuring
cotton. This is, without doubt, a very important
matter, and one that requires to be strictly looked into.
When wo see it publicly stated that losses have been
sustained by the shipowner to the extent of 501. or 1001.,
on but a very small portion of a single cargo, and that
these losses have arisen from what is neither more nor
less than the employment of false measures, it is really
time for the mercantile community to interfere. The
callipers used by their subordinates have been chiefly
those stamped by a certain body called the tonnage
committee, which existed twelve or thirteen years
ago. It may be mentioned that the letters published
are from the pen of masters of vessels now in Bombay,
who readily proffered their names in proof of the cor-
rectness of their statements. One of them assured us
that the loss on his entire cargo, measured by the cal-
lipers in use in Bombay, would amount to upwards of
5001."

FIRE AT KENSINGTON.—Yesterday morning, be-
tween three and four o'clock, a fire broke out upon the
premises of Mr. Martin Jackson, a nurseryman, in Ed-
ward's-place, Kensington-road. Several engines speedily
reached the scene, at which period the building, together
with another used as a stable, were in a perfect blaze.
The firemen were unable to get the flames extinguished
until both buildings were burned down. Mr. Jackson
was fortunately insured in the Norwich Union Fire-office.
A HEAVY LOAD.—A Cincinnati paper, in speaking
of a drunken scoundrel who was caught by the police
and lodged in gaol, says:—" Three or four stolen sheep
and a pair of sedd'e- bags were found upon his person!"
The Boston Post, U. S., says—" Cheap postage ! a
change in the Post-office laws ! a penny for letters
paper free, them's our sentiments.' " " Good,' adds
the Chronostype, " pass 'em along."
The will of the late Mrs. Johnes, of Torquay,
who died in September last, in the ninety-fifth year of
her age, has been proved by her brother, the Rev. S.
Johnes Knight, her sole executor. The effects are
10z swornoo toto
Mrs. le
be undershel 5;:,0Z
/ niece, w h
oo)
e sroa l
l g
which, after deductingleaeie
s
to her godchildren and friends, end annuities to two
servants, she bequeaths the remainder to the Rev. S.
Johnes Knight, and at his decease to her niece, Mrs.
Shelley, and her great-niece and godchild, Blanche
Shelley.