The Sun.
London, England, 1841-05-27 00:00:00

JOHNSON V. HAMMERSLEY.

This case came before the Court some time since upon
a petition praying for a reference to the Master to ascer-
tain the amount of the assets and liabilities of the late
bank of Hammersleys and Co. in Pall-mall. That re-
ference had now taken place, and an application was
made to-day to confirm the report which the Master
had made upon that reference. By that report the
Master found that the debts of the firm amounted to
upwards of 600,0001., and that the assets already realised
exceeded 300,000/. ; he therefore recommended that a
dividend of 10s. in the pound should be declared. If
that was done it would leave upwards of 40,000/. in the
hands of the Court to pay any other creditors who might
hereafter prove their debts.
Mr. PEMBERTON observed that there were about eighty
creditors residing in different parts of the world, whose
debts did not exceed 10/. each ; which would therefore
not take more than 5001. to pay them all in full, which
he thought would be the more convenient course to
adopt. He would therefore propose that the amount of
those debts should be paid to Mr. Fynemore, the solicitor
in the cause, leaving it with him to settle with those
parties.
The MASTER of the ROLLS could not consent to the
adoption of such a course, as it would be a manifest in-
justice to the other creditors.
Mr. PEMBERTON felt convinced that no complaint
could be made in this case with respect to the delays in
the Court of Chancery, for, in a very short period in-
deed, a decree had been obtained, the assets realised, and
the Master had made his report as to the debts and lia-
bilities of the firm, and the case now came before the
Court for the confirmation of that report.
The MASTER of the ROLLS ordered the report to be
confirmed.

BAIL COURT, May 26.
COATS AND ANOTHER V. CHAPLIN AND ANOTHER.

This was an action to recover 80/. 17s. the value of a
parcel of crape shawls, which were entrusted to the de-
fendants as carriers, which they lost.
Mr. Erie and Mr. Thomas were Counsel for the
plaintiff; Mr. Platt and Mr. Whitmore appeared for the
defendants.

It appeared that in August last the plaintiffs for-
warded the parcel in question by the Grand Junction
Railway, for whom the defendants were contractors, to
deliver in London. The parcel in question arrived
safely at the Camden Town Station of the London and
Birmingham Railway, where the defendants have a place
of business, on the 23d of August, directed Messrs. J.
and J. Morrison and Co., London ; but according to the
principal witness for the plaintiff (Allen), who was the
receiving porter at Messrs. Morrison's establishment in
Fore- street, it never reached its destination. The parcel
was acknowledged to be wrongly addressed, it ought to
have been either James Morrison and Co., or, as the firm
now is, Morrison, Dillon, and Co. Such a parcel was
never offered to him, or if he had any doubt about it, he
would not have refused it without asking advice from
some of the superintendents of the business. It was
also proved that the invoice directed " J. and J. Morrison,"
arrived safe, and that they were so anxious for
the goods that on the day they ought to have been de-
livered, they actually wrote to inquire why they had not
been sent. Much difficulty was found in proving the ar-
rival of the package at the Camden Town Station, as the
defendant's Counsel took many technical objections as to
the property in the books, notice to produce which had
been given.
After a long address to the Jury, Mr. Platt called the
carman, and the man who accompanies him with the de-
livery-book, who swore that on the 25th of August they
took a bale and a truss (the parcel in question) to Mor-
rison, Dillon, and Co.'s, in Fore-street ; the bale was
marked " M. D. and C 0.," and numbered ; the
truss was addressed " J. and J. Morrison and Co."
They saw Allen there, who received the bill and signed
the book, but he said the truss was not theirs, and caused
it to be taken away again. They also stated that as
there was a Morrison and Co. in Star-court, Bread-street,
they went there with it to see if it was direeted to them,
but they also refused it, and they then took it to defendant's
warehouse, Hamburgh Wharf, Southwark Bridge, where
it was thrown into the warehouse amongst other goods
which were daily being sent off both by land and water.
Several clerks of the defendant and of their correspond-
ents at Liverpool were called in order to make out that
on the truss being refused they made all due and diligent
search in order to find out the proper owner ; but al-
though the note of inquiry was dated the 27th of August,
it did not appear to have been received in Liverpool until
the 9th of September.
His LORDSHIP summed up, and left it to the Jury to
say—lst, Whether there had been any tender to Messrs.
Morrison and Co. of the truss in question ; 2d, Whether,
supposing there had been, the defendants had used due
diligence in tracing the consignee ; and, 3d, 'Whether
they had used due care in warehousing it aftewarcls.
The Jury retired for two hours and then returned
with the answer to the first query, " No Tender," and to
the other questions they answered, " No," which was a
finding for the plaintiffs upon all the issues.
In the course of the trial Mr. PLATT objected that the
plaintiffs were not the owners of the property, it having
vested in Messrs. Morrison and Co. the moment the
package was given to the carrier.
His LORDSHIP refused to nonsuit on this ground, and
gave the Learned Counsel leave to move the Court above
upon the point.

CO UT OF COMMON PLEAS, May 26.
CHALLICOMBE V. EDGHILL.

This was an action upon a promissory note for 201. It ap-
peared that some days after the note was over due, a persln
sent by the defendant tendered the principal and interest to the
plaintiff's attorney, who refused to take it unless he was al3o
paid 6s. &I for writing a letter of application for payment on
the bills becoming due. This the defendant refused to pay, and
this action was brought for the entire !um, with interest and
costs.—Verdict for the defendant.

In the end free trade must triumph, monopoly
must be abolished, roguery must be banished from Parliament,
or it will ruin the nation. But, in the meantime, there is so
much of it in the nation and in Parliament, so many interests
bound up with monopoly, that in the first instance probably
the monopolis's may triumph. A great contest, however, is
now beginning, or rather has begun. It will be no child's
play, and our readers may at once gird up their minds to the
discussion of first principles. Falsity, mockery, humbug, and
what Mr. Carlyle calls sinzulera, will no longer stand their
ground. Truth, honesty, reality, and justice, must prevail.
All that is false, hollow, and artificial in politics and religion
will be scorched out of existence in the conflict now beginning.
The human mind hates falsehood, hates delusion; and those
who calculate on maintaining a dominion over it by continuing
delusion and using falsehood will see their dominion crumble
away and their power extinguished —Brighton Guardian.
THE BULLETED SKULL OF AN OLD SOLDIER.
—We have just inspected a skull having no less than
eight or nine swan-shot, or their remains, imbedded in
the forepart of the head. But the most singular feature
which this curiosity presents is, that in the internal part,
forming the concave of the apex, and far from being
opposite to the external bullets, are portions of pro-
jecting metal, apparently lead, favouring the presump-
tion that they are shot of some dimensions, which have
been received externally, at the same time. The scull
was dug up by the sexton in Tarporley church-yard,
during the progress of excavation, about six weeks ago.
The probability is, that the person to whom this relic
of antiquity belonged, was a volunteer, from Tarporley,
and was engaged during the siege of Beaston Castle, in
the reign of Charles 1., about the middle of the 17th
century. That so many large shot should have been
found in a skull is not matter of so great surprise ; but
that the individual who received them should have lived
so many years afterwards, (asi s demonstrated by all the
sutures of the head being nearly obliterated,) is singu-
larly wonderful, to the anatomist, as well as to the or-
dinary observer. Accurate drawings have been made
by Mr. Musgrave, a native artist, beautifully represent •
ing a side, as well as a front view, of the subject of this
paragraph. We hope the above rarity will be deposited
in some museum, for the purpose of preservation. May
we name the Chester Water Tower, as the nearest in this
locality ?—Chester Chronicle.
" THERE'S AN ESPECIAL PROVIDENCE YOR
LITTLE CHILDREN."—One of these miraculous escapes
from death by accident, which good folks say children
and drunken men alone are favoured with, took place
on Sunday last, at the White Hart, Clement's-lane,
Strand. The wife of the landlord of the above house
was on Sunday afternoon visited by a female friend,
who brought with her a little son, aged three years.
Whilst the friends were chatting in the front room of the
second floor, one of the windows of which was open, the
restless urchin climbed unperceived upon a chair placed
immediately inside the open window, and fell through it
a height of at least thirty-five feet. A woman passing on
the opposite pavement saw the accident, and stepping
across the lane caught the child by the clothes in its de-
scent, but its weight, increased by the momentum
of its fall, was too much for her, and she was
forced to let the child fall on to the pavement. The
fall, however, was broken, and though the child
was taken up insensible, and conveyed to King's
College Hospital, Carey-street, it soon partially re-
covered. None of its limbs were broken ; its face alone
was injured, and the treatment of the medical officers of
the hospital has been so successful that to-day the child
will be discharged safely cured.
RAPID TRAVELLING TO SCOTLAND.—The
Fire King arrived at Ardrossan on Friday, at half-past
nine, from Fleetwood, making the passage in twelve
hours. Passengers landed at Glasgow by special train
G
at a quarter past eleven. IVhole time from London
twenty-five hours.—Glasgow Argus.
A VESSEL RUN DOWN IN THE RIVER
rata aRAVESIND.Tuesday
morning, at ten o'clock, an
investigation, which had been ~djourned from Monday week
last, was resumed before Mr. C. C. Lewis, the Coroner for
Essex, and a respectable Jury, at the Ship public-house, East
Tilbury, situate five miles below Tilbury Fort, relating to the
itth of Wm. Wilson, aged 25, and two other persons, whose
ies have not yet been discovered. After the !examination
of areal Witnesses the Inquest was adjourned.