The Sun.
London, England, 1848-10-14 00:00:00

SOUTHWARK.

William Foster, a tradesman Carrying on business
r&s a tin-plate worker in Union-street, was charged
before Mr. Cottingham with inflicting a severe wound
on the head of Henry Hyne, a hatter, with a life-pre-
server.

The complainant, a portion of whose head was
strapped with adhesive plaster, stated, that he had
known the defendant for a considerable period, and
that they were always on the most amicable terms;
that he was in the habit of visiting at his house ; and
that he went there on Wednesday night, and saw his
wife, the defendant being from home at the time ; that
while he was there the defendant returned, and with-
out the slightest provocation rushed upon him with a
life-preserver and struck him with it on the head :
that he was confident he would have murdered him
there and then had he not escaped out of the house, and
that it was only miraculous that he was enabled to effect
a retreat, as the wound inflicted by the blow cut open
his head, which bled profusely, and a medical man
pronounced that if the blow alighted on a different
part of the skull it would have killed him. As it was
he (complainant) was extremely ill from the effects of
the attack, and was incapacitated from attending to
his daily avocations.
The defendant, in answec to the charge, said, that
for some time past he had suspected that an intrigue
was carrying on between his wife and the complainant,
for the latter always took an opportunity of calling
at his house when he was absent ; that in order to
satisfy himself on the point, he concealed himself in a
cupboard in the house when his wife supposed he was
from home, and had not been long there when the
complainant made his appearance, and from the
conversation that he overheard between the par-
ties he was satisfied that he was correct in his
conclusion as to the nature of their intimacy.
He, however, remained in his hiding place until he
heard the complainant and his wife go up stairs, and
when he was in the act of getting out of the cup-
board he threw down some pots and kettles that stood
in the way ; the noise made by. it alarmed his wife,
who came running down with a candle in her hand;
he met her on the stairs, and, rushing by her, sprang
into the room where the complainant was, and in the
Wight of passion attacked him, not with a life-
preserver, as he described, but with a large street-
door key, with which he struck him on the head.
He added, that he had correctly described the circum-
stances, and only regretted that he had not " given
him much more," and should have done so had he not
made a precipitate retreat from the house.
Mr. COTTIZieIIAM said that the explanation just
given by the defendant threw a very different light
upon the affair, and that if he had grounds for sup-
pOsing that the complainant was carrying on an illicit
intercourse with his wife, such provocation was
nifficient to cause him to take summary vengeance
)4 her seducer.
;The complainant declared that there was no foun-
ktion-for such a suspicion, and, as he had said before,
and the defendant had been on very intimate terms,
6d he merely went to the house to see him, not ex-
feting he was out, and that he only went upstairs
tto a room where goods were kept, and he wished it
be understood that he did not go into any bed-
;amber. He added that the defendant was a man
a violent temper, and that it could be proved that
had maltreated other persons without just cause.

The defendant denied the latter imputation on bis
character, and said he defied him to prove his assertion.
Mr. COTTINGHAM said that it certainly was a very
slivage assault, and might have ended in the death of
tide person who was attacked. The defendant, how-.
eyer, had given an adequate reason for his attack on
the complainant, and as the latter had stated that his
assailant was in the habit of attacking persons without
Muse, he should allow the case to stand over until
onday, in order to bring forward witnesses to prove
his assertion, and that in the meantime the defendant
should enter into his recognizances in the sum of 401.
to appear on Monday.

LAMBETH.
Yesterday having been appointed for the final ex-
aibination of Mrs. Linfield and others charged with
causing the death of Eliza Wilson, the court, as on
fdrmer occasions when the same parties where exami-
mid, was much thronged by persons anxious to hear
ate proceedings and obtain a sight of the prisoners.
Their curiosity and anxiety were doomed to disap-
;
piintment, for when the case was called, a message
was delivered to Mr. Norton, the presiding magistrate,
to the effect, that the prisoner Dryden still remained
sti ill that it was not deemed safe to have her removed
from Horsemonger-lane gaol to the court, and the
case was further adjourned until Thursday next.
Mr. NORTON directed that the prisoners should be
made acquainted with the further remand, and also
told that if any of them had anything to state he was
ready to hear them. The Magistrate's message was
delivered to the prisoners, and in a few minutes Mrs.
Linfield and her son (as she called him) Williams
Linfield appeared at the bar.

William—Linfield, addressing the magistrate, beg.
ged to know the precise nature of the charge against
him ?

Mr. NORTON replied, that the whole of the evidence
was not as yet before him, but under the impression
that it was not of so serious a character as the other
prisoners, he had consented on the last examination
to take bail for his appearance.
Mrs. Linfield admitted that the charge against her
was one of a very serious character, and therefore it
was essential that her son should be at large, in order
that a counsel might be engaged to defend her upon
her trial.

Mr. NORTON repeated that he had offered to libe-
rate the young man at the former examination upon
his giving such bail as he thought sufficient to insure
his attendance.

Mrs. Linfield said that her son was subject to fits,
and she was herself of rather an eccentric character,
so that they never associated themselves with their
neighbours, and from this circumstance they were
considered proud, and a strong prejudice, she had no
doubt, existed against them, and to this fact she attri-
buted her son's inability to find bail. For some years,
she said, she had herself laboured under considerable
bodily suffering under the care of the doctor, and she
might say, bed-ridden, while her son kept the shop,
and merely sent up stairs to her such patients as made
application for her assistance.
, Mr. NORTON remarked that he had no wish what-
ever of depriving her of the means of procuring the
assistance of counsel on her trial, and, under the
circumstances, he had no objection to admit the
young man to go at large upon his entering into his
lwn recognizances of 501. to appear there on Thurs-

day next.
; Mrs. Linfield said the stock in the shop was worth
at least 1001., and her son, who blubbered like a child
while at the bar, having consented to enter into the
required sureties, was liberated.

---
THE RIGHT TO THE BED AND SOIL OF

THE RIVER THAMES DISPUTED.
Samuel Scales, a firsherman, living at South Bern-
fleet, at Rochford, was summoned on Saturday last
before William Gurdon, Esq., the judge of the Essex
County Court, by Mr. Henry Wood, the owner of
Lamb or Can way Island, in an action of tort, which
charged the defendant with having unlawfully re-
moved, taken, and carried away divers quantities of
cockle-shells, shingle, and other tidal deposit, lying-or
being, or found on the sea walls or sea shores adjoin-
ing to and forming part of a farm, land, and premises
of the plaintiff, called Le Bick, in Canway Island,
whereby the plaintiff had sustained damage to the
amount of 11. Mr. Gregson, of Rochford, attended
as attorney for Mr. Wood. Mr. Martin, from the
office of the City Solicitor, attended, and stated that
the City Solicitor had been directed by the Lord
Mayor, as conservator of the river Thames, to attend
on the part of the defendant, and to deny the right of
Mr. Wood to the ground, and soil, from which the
shells were taken. He also called the attention of
the judge to the 58th section:of the Act for establish-
ing courts for the recovery of -atnall debts, which
provided that the Court should not have cogni-
zance of any action " in which the title to any
corporate or incorporate hereditaraents" shall be
in question. The Judge said that he doubted
very much the right of the Corporation to appear
in this case, the question being between a person who
claimed the land as owner and a wrongdoer ; and as
regarded the question of his jurisdiction, he considered
that
decide upon i
righthehadat; n
and thattoheare itvi toardeanpcpeeasedt
title,h him that
the buttnott
the City were unnecessarily interfering on behalf of
persons who were not acting honestly in removing
the shells. Mr. Martin stated he claimed to tender
himself as a witness for the defendant. In this case

it was considered that the defendant was only exer-
cising his lawful right, which the Corporation felt it
to be their duty, as the body who had the regulation
of fishermen, to protect and defend. So far from the
Corporation thinking the defendant to be dishonest,
they considered that he had been oppressed by persons
who claimed an interest in that which they had not
the slightest claim to, and the Corporation would not
for a moment interfere on behalf of any person who
had been guilty of any unlawful act. He was pre-
pared with evidence as to the title and claim
of the Corporation to the coil and bed of the river,
and several of the assistant water-bailiffs, and
witnesses of great age, were also in attendance,
who could prove that for fifty years fishermen had
taken shell 3 and exercised the right of fishing on the
shore claimed by Mr. Wood, without the slightest
interruption from any person. The judge stated that
he would proceed to hear the evidence, and accord-
ingly directed Scales to be sworn. In answer to
questions from the Judge, he admitted having taken
the shells without the sanction of the City Water-