The Sun.
London, England, 1848-05-09 00:00:00

YATES V. FENTON.

➢IORRELL V. BIDDLE.
The judgment of the Court was for the defendant on
the first and second issues, and for the plaintiff on the
third and part of the fourth.
CUTLER V. BOWER.
The Court decided that the obj,etions of the plaintiff
to the pleas of the defendant were valid—Judgment for
the plaintiff.

SInS v. HENDERSON.
HENDERSON v. HENDERSON.
Judgment fur the, plaintiffs. •

BAIL COURT.-('PHIS DAY.)

(Sittings in Baum, before M'r. Justice COLERIDGSJ
BRIDGE v. CoDIKIsSIONERS OF WOODS AND FoREBII6
Mr. OGLE moved, on behalf of a Mr. Rudge, tor I
mandamus, calling upon the Commissioners of Woody
and Forests to issue their precept to the Sheriff of Sur
rey, to summon a jury to assess the damages Mr. nudge
had sustained in the following circumstances :---11116
Rudge was the owner of some freehold property ,
Battersea fields, and two years ago the Commissioner:.
of Woods and Forests gave him notice, under the
and 10th of Victoria, chap. 38, authorising the formini
of a Royal Park in Battersea-fields, that a portic:l4
this property would be required for the purposes of
park. Since then Mr. Rudge had been constantly in °°:
gotiation with the Commissioners relative to the Ste
but a few days ago he received an intimation from
Woods and Forests-office to the effect that the CO
missioners had no funds to meet Mr. Iludge's cl
Now, the notice Mr. Rudge received two
ago, was also given to the tenants in possession of wwo
property, and as this notice had deprived him °I :his
years' rent, Mr. Rudge had determined to apply t° sa
Court for a mandamus to compel the Commissioners
grant him compensation.
Rule nisi.

EX PARTE DR. BURNCASTLE.
Mr. BovILL moved on behalf of Dr. Burneastle, fl;
merly medical officer of the Croydon Union, for si,r,,,t/ •
calling upon the Coroner of Surrey to show cause w,":„Jes
certiorari should not issue, to bring up the procee7r,
of an inquisition, to,be quashed or traversed by the drije°6l
The facts of the case, which had given rise to a goo. dice
of discussion, and had excited considerable prei:d;of
against the doctor, were briefly these:—On the 2.(c.-toa
December last, the doctor was summoned, as the ut,lll
officer, to attend a woman in labour, named Eiii,a",;r.
Hopkins, who was at the time cohabiting with a la',.°2-00•
ing man, named Howard, who was in the receipt °' p;)
per week. The woman, therefore, could not be salter
be then in the condition of a pauper, and the °her,
asked the friends who were in Attendance upon st,
whether the order of the guardians sanctioning bins Sig
tendance had been obtained on her behalf, and c''d get
learning that it had not, he directed them to go f',u,ving
it, or he must discontinue his visits. On the folich'd to
day the doctor ascertained that the guardians refoarbeie
grant the order, and knowing that he would excite se
displeasure if he persevered in attending the w°113,. sd" ot•
advised her friends to send for Mr. Dale, who vlrd lop
tended her during a former confinement. They losa
and Dr. Burncastle resigning the charge of the Odeol,
to Mr. Dale, he ascertained that the child 105 heia
and that there were no symptoms of danger 'iigst
likely to attend upon the delivery. On the sa°3,einnwiog
the woman was safely delivered, but on the f°"`"cite'
morning she died, and the death created so ratlehue,ict 0
meat in Croydon, that it was determined to P`A'glf
inquest on the body. The inquest was aee°r"lor
held, at which Dr. Burncastle attended, with ce, elje
tent witnesses to prove the cause of death, 1111,-„reel;
jury refused to hear them; and ultimately theYra'aica
a verdict to the effect " That Elizabeth Ilopiliagd la'
through exhaustion, resulting from protraete stet
bour. That Dr. Burncastle showed the gre Set
inhumanity towards the deceased, in leaviltoi f.
when in labour ; and we (the jury) consider fker'
an unfit person to act as the parochial mechea' „%sitied
Notwithstanding that Dr. Burncastle was in 9.(3luedea
to show, by the evidence of such men as Pee'stb, the
and Dr. Lever, correctly the cause of
Of. td s verdict!!
board of guardians, upon the strength 02„i office,
immediately dismissed the doctor frorn hot' enable the,
unless the Court granted this motion, its P
doctor to place the matter before the world 'lslo/
light, his prospects and character would be ine"
destroyed.
Mr. Justice COLERIDGE took time to consider
motion.

MIDDLESEX SESSIONS.
(THIS DAY.)
stehsesioAnssswiactraentopeliiieddgethaisndmv—ci,
at Theten Mayol generalcloak,t,
y magistrates.
On swearing in the juries, the Court ordered thfritict
to be recorded against all those upon the lists ob
not answer to their names.G.
In the course of the morning several persons floso
to the Judge for a remission of their fines, on
if 000
pleas of excuse for their late attendance. Olio!
instances the Judge, who expressed a determinß;ol;
enforce punctuality on the part of all person* bfjel
attend this court, remitted the fines, but ellf°'.
payment of the fees.

- The ASSISTANT•JUDGE, in his charge to the deS tlf
jury, observed Lilac he wished all prosecutors, deferln-t re'
and witnesses to be made aware of the areatigeli'ej O°A
eently introduced here for taking the trial of 112°,11e 0"
the first day, and of females on the second, vil"-fidisg'
tended greatly to save the time of all parties lis,tet-ts 01”
and to promote silence and order in the court and bse°
proaches. He was glad the arrangement 14 of 0:
mentioned in the public newspapers, as the effec root'
publication had been to induce the Court of AlcifrioliSli
adopt a similar arrangement at the Central f
tsf
Court.
John Roberts, an elderly man, of gentleoliol3 „,t)
ners, pleaded Guilty to an indictment for steeilfok-
coat from the Auction Booms of Messrs. Deb
tioN
and
Mr. L
Storr. •ge py
BALANTINE addressed the Court in 133,-,tll
stating that the prisoner had lived respectablY Pori,"B
years as a teacher of the English language ;‘, t'
from which which city he was expelled recent!J„ 00110
violence of the mob. He arrived in London 1;0,
of destitution, and was induced, by extreree
commit the theft. the oh
00
The ASSISTANT-JUDGE said that, even tauer - tco
eumstances of mitigation into account, the COur
. roonth;
ri
net inflict a less punishment than that of .13,arese,ceci:cstloff
imprisonment with hard labour, because it c
to deal severely with those robberies in pubjic o
rooms. - wall 01
Wm. Quelch, aged 15, and George Dow, of
dieted for stealing two guinea-pigs, the Pr-re
Louis Briscella, an itinerant Italian' boy. h
the
the case having been proved, ~ OS, ti
Mr. PRENDERGAST, for the defence, submie. lose, :ft
animals in question were, in the legal phrase, woe 'to
could not be the subject of larceny, by the .o°,foseciett
of England. The Legislature had always ltb°„;le
make the stealing of dogs and parrots a felony
these animals, sad even cats, were sometimes bf
and even sold for large sums. dolic;
The ASSISTANT-JUDGE said there could be 13°
)to th
that the animals were base in the legal sense' , ferreof
recently plissed rendered the stealing of clegrn"'sriliter,
and all such a misdemeanour, punishable se„,n3h—io cleet,
a magistrate, with fine or imprisonment. -1-Thrise'rf'
mined the matter, and the jury must acquit theperj.
The jury returned a verdict accordingly, ,glf lip
soners were discharged, the Judge having str°,Acter'
monished Dow, who received an excellent ebti'
avoid bad company.
trb
NEWMARKET RA