The Sun.
London, England, 1847-02-05 00:00:00

SECONDARIES.-(THIS DAY.)

. .
BEALE V. HERBERT.
This was II n action brought by the plaintiff, who is a car-
per:ter, again st the defendant, the manager of the Deptford
Theatre, to re cover the sum of 151., for work and labour done.

The' defend int pleaded that he ;as not Indebted.
trnce N /as adduced to show that the materials had
been at ipplied, and the charges fair and reasonable, plaintiff
chargir g 2/. 2%. a week for his superintendence of the work.
A pla y-bill wt .s put in, in order to prove that the defendant
was sati ailed witl, the work done.
The I (earned St*CONDARY held that it was not admissible.
The 1, iTrORNEY said, perhaps it was only a mere puff.
It wa s then proved that when first applied to, defendant only
dispute( 12s. in the account, and afterwards promised to pay
at his et (nicest convenience.
The jt iry gave a verdict for the amount.
There- wt Is only one other case, on an undefended bill of
exchang tr.

CRIM NAL COURT.-(THIS DAY.)
OLD COURT.

(Before Mr. Baron ALDERBO:7.)
John Job son was indicted for forging the name of Mr.
Edward Bret ce to an acceptance for 231. 14s.
Ain I 'ayne was retained for the prosecution, and Mr. Parry
defend, 4 the oisoner, who is a blacksmith, in Earl-street,
Seven.
The bill was 'produced in court, and Mr. Breeco denied
that signatare was his, or that he had given any autho-
rity f be his name to be used, and produced a bill with his
true cznature. This was proved by a banker's clerk, and
that the false signature was similar to the other two. It ap-
peal pd, on cros.extvnblation, that Breece had before accepted

- --- -
two bills drawn by Johnson. All the bills had been dis-
counted by a person of the name of Cope.
Mr. PARRY, in his defence of the prisoner, called a witness
named Lines, the son-in-law of the prisoner, who stated that
on the 10th or 11th of October he was in Johnson's shop and
heard Breece give the requisite authority.
The JUDGE, in summing up, pointed out the peculiarity of
the law as respected forgery, and showed that a mistake
as to the amount of authority for signing the name of an-
other was not to be visited as a crime of this nature, and
certainly did not amount to forgery. The bill was evidently
an accommodation bill, and the only question for the jury was
—whether any authority had or had not been given by Breece
to sign his name to the bill.
The jury found the prisoner Guilty, but recommended him
to mercy on account of his age, and from a firm belief that
he was not aware of the guilt of his conduct.
The JUDGE, in passing sentence on the prisoner, pointed
out the mischief which must always arise from the use of
accommodation bills, and said that a very few years ago the
pri,oner's life would have been forfeited for the offence. God
be praised, that time was passed; but if such breaches of the
law as this were to be visited lightly, no one could say how
soon it might return. He was therefore compelled to the
painful duty of passing what he considered a severe sentence,
and that was transportation for ten years.

NEW COURT.
(Before the RXCORDER and Alderman HUGHES.)
Robert Addis, formerly in the City police force, was in-
dicted for obtaining 31. 25., with intent to defraud Mr. Clark,
clerk of arraigns at this court, of 21. 19s. 6d.
It appeared from the evidence that the prisoner, having
appeared as a witness at the Old Bailey on the 4th of January
last, went to Mr. Clark's office, and there represented that
he had been obliged to come from Cheltenham the day be-
fore the trial, and on that representation obtained 31. 25., in-
stead of 2s. 6d., for expenses. It was proved, however, by
several police officers called at the trial, that the prisoner
had been in the police force till the 30th of December, and
had been seen in London every succeeding day till the day
of the trial.

Mr. HUDDLESTONE, who defended the prisoner, took
several objections to the form of the indictment, the dis-
cussion of which occupied the Court all the morning.
Mr. Ryland and Mr. Laurie prosecuted.
The jury found the prisoner Guilty, and he was sentenced
to five months' imprisonment and hard labour, having been
already one month in prison previous to his trial.

CLERKENWELL.-(THIS DAY).
Daniel Castello was charged with a brutal and ferocious
assault upon George Lister, a barman at the Fox and Grapes
Tavern, in Gray's Inn-lane, by which he broke his arm and
inflicted other dangerous injuries upon him.
It appeared that the prisoner entered the bar of the Fox
and Grapes yesterday evening •in a state of partial intoxica-
tion, and behaving himself in a very riotous manner, when
Lister refused to serve him with anything to drink, and by
the order of Mr. Cutmore, the proprietor of the house, put
him outside the door, He then was aboat putting up the
shutters when the prisoner came behind him, knocked him
down, and beat him so severely while upon the ground as to
break his arm in two places, and otherwise so severely injured
him, that he was removed to the hospital in a dangerous
state.

The prisoner was remanded until the prosecutor should be
sufficiently recovered to enable him to attend.

KILKENNY AND GREAT SOUTH-
siERN AND WESTERN RAILWAY COMPANY.
—(THIS DAY.)
The first ordinary meeting of the shareholders in this
company was appointed to be hold at the British Hotel,
Cockspur-street, this day at one o'clock, but there not being
a sufficient number of shareholders present, the meeting was,
in terms of the Act of Parliament, adjourned till to-morrow
at the same hour.

THE TWO OVERLAND ROUTES.
We printed yesterday intelligence from Bombay of the 2d
January, brought via Trieste, by Mr. Waghorn. The mail
arrived at Suez on the 19th ult., and at Alexandria on the
21st ult., in due course; but there was no steam-boat to con-
vey it to Malta, en route to Marseilles, and it is extremely
doubtful, therefore, when it may arrive, as the Ariel, which
ought to have conveyed it to Malta, only left that place on
the •4:oth for Alexandria. This is " too bad," and it is ex-
tremely unfair towards the Peninsular and Oriental Com-
pany, who, as far as they are concerned, perform their part
of the journey with extraordinary regularity :and efficiency.
The fault rests with the Government, who send steam-boats
totally unfitted for the purpose, to convey the mails between
Malta and Marseilles. Sometimes of late these wretched
tubs have not been able to perform the voyage at all ; and
in most cases take as long as the Oriental Company's ships
would perform the whole distance from Alexandria. How
long is this to last? It is really scandalous, that so import-
ant a mail as the Indian mail should be conveyed in such a
slovenly manner: and as to comparing the difference be-
tween the Treste and Marseilles route, as long as these old
tubs are employed, it is too ridiculous a matter to be treated
seriously. The dispatches rid Trieste arrived yester-
day morning—had a proper steam-boat been employed be-
tween Alexandria and Marseilles, the mail would have
reached London yesterday week.—Herald.
OVERLAND MAC..—By the kindness of the authorities at
the India House we have been favoured with India papers in
anticipation of the Overland Mail, our own dispatches hav-
ing been mislaid.—Chroniele.