The Sun.
London, England, 1846-01-27 00:00:00

HERLOCK V. PATCH.

This case was brought on in Michaelmas term last by a
bill filed by the plaintiff in reference to a will before the
Ecclesiastical Courts, alleging that the plaintiff was the next
of kin to the testator, and that fraud had been used to ob-
tain the will, and praying an injunction to restrain tl.e de-
fendant from wasting the assets pending the suit in the
Ecclesiastical Courts. A demurrer and answer were put in
by the defendant. But the bill having been purged of im-
pertinent matter without being amended, was left in many
parts unmeaning, which deprived his Honour of the power
to do more than overrule the demurrer which was overruled
without costs.

105%

3014
401 A
1134

21%
VAP
% P
77 P
16%
1 dis
14P

18yi
216
163

1934
3634
105

dis

334
225
23
914
6734
78%
183(
_414

13%
12%
3%
6%
1%

3%
2%
11%
39%
2%

BAIL COURT.-(THIS DAY')
(Sittings in Banco, before Mr. Justice Virthi.lolsl?..l
The cases disposed of in this Court to-day posse'
feature of public interest.

EXCITEQUER.—(THIS DAY.)
(Sittings in Banco.),
LEEDS AND CARLISLE RAILWAY.—SIR JOHN -
AND . pff
Mr. SMITH moved theBERESFORD Court thisOTHERS morning to st,s/
to t°
ceedings in this action until the plaintiff had deliver?of bd
defendant a further and better particular of the 110t1C.ci,d the
demand. The plaintiff was the eminent engineer, ,3,-,arilo
defendants the managing Directors of the Leeds aruil3-'ettline
Railway, for preparing the necessary surveys of we' ress°
the plaintiff claimed 12,8554 and had brought 19.:461
action to recover that amount. Now the defendantj "ibe
to know how this amount was made up, in order Itt`poe
might submit the amount to some competent pere°l
of judging whether it was fair or not. tbs elja
Mr. Baron ALDERSON—Had you not better refer
rigat once, and save all further expenses?
to Mr.-Stine
otfhdeyemwaenrde
tneoitnign
ofa psoosigteionneratil raefceidrispiteretii
and unless the Court were prepared to lay down a
s dill'
1)0'
rule in the case of engineers, he was quite sure Llociet.
culars which had been delivered in the cause were ios`„ sof,
Mr. Baron ALDERSON did not know that there a
of
necessity for the Court to lay down a new rule in till, bulk!
an engineer, because an engineer did his work in bill in
tb
and could hardly be expected to make out his
same way as a tradesman. 00
Mr. Sierra would submit that the particular ;II dete,,
one item of 8,9804 which ought to be given iiteree'o Lie,,
It was for personally examining the country he!‘„: out, lb
and Carlisle, making sundry trial sections, 11'3?-76014
main line, finding surveyors and levellers, meetie=,_,tre,
and Directors, and arranging with them, with tavereu
ling,M and other expenses. bettif
r. Baron Ax.pausorr—Well, how could be deliver
particular than that ? JO
Mr. SMITH replied that surely'he couldsay how. °oats°
he was employed in the surveys, and how raspy
be employed. t °ad
Mr. Baron Aramtsox—Then, in fact, you want bOl l
an account of the number of fields he surveyed, eh' ty
he was surveying them. d tbs
Mr. SMITH submitted that the particular a.gr'elig, trilept
plaintiff had paid money out of pocket for tavern lobo
ling expenses, and assistants; surely he Must
~ome
Mr . account of the mone he aid. se
Baron ALDERSON— y Youp have already' ha•tlio
granted you at Chambers, calling upon the pla°,"
rate the money paid out of pocket from the
the work and labour, and when that is done you,, to j''
possession of sufficient information to enablP to
what the claim is for.
Mr. Sturm apprehended not. Suppose a builds, toiouoo*
delivera particular in this general form, For buildiet
1, 000/., would that be sufficient ?
The LORD CHIEF JUSTICE—I think it wood be
particular.s m
Mr. TH thought not. But suppose an
deliver his bill thus, To defending an action se 0"
that be sufficient? fig nt,rg,
The LORD CHIEF BARON—An attorney is w"" eoVA,
son altogether, because his charges are subjected tot t° be cb~
Mr. SMITH contended that an engineer ought e°tba of
empted from the general rule, and he submitted op
Court ought to call upon the plaintiff to deliver $ 00,
attortineg,fereAll
particular of the nature of his claim. bp's ,
Mr. Baron ALDERSON—SureIy you would net bet`'
give you an account of every glass of wine or„, vol
brandy he used during the completion of the some Oil ty
is a wide difference between particulars for info des
particulars for traps. The one gave a correct la' • tiP,
plaintiff's claim, while the other betrayed the P—tioi
an admission which might be used against butt, a; oa'
The LORD CHIEF BARON—The Court makes?:ar °tM
to the general rule bearing upon particulars ,
liferrt
gineers, and the Court requires the engineer to
same description of particular as the shoeraekeriodup
such a particular as will give a correct idea of de iv,
the claim. Surely if a shoemaker stated that "II up°,,Y
was so much for a pair of boots, you would not al,' the•
to give a detailed account of the cost and prices ,°'„,t, te
L
rials with which the boots were made. The '"'
to make the order.

n
Pr'
COMMON PLEAS.—(THI-
COOKE V. WETIIERELL.
Mr. Sergeant SHEE resumed the argument in .`„,t tb°ll,
continuation of his address on Saturday, and agal",ijo 1111
sought for a new trial on the ground of sarli4 114 b
Learned Gentleman, this morning, directed him Y-00
affidavits of Catherine Butt, Mary Potter, and
_,,tiio,ol
contending that had it been supposed that the 1"91-,e09
now made them were necessary on the trial „te, 1110100
the defence of Mr. Wetherell, they could eae"-',„ AY"
produced. In answer to what was alleged on th°'-bery
there was the clear evidence of Mary Hall, the Trahscef
of Dorset• street, and the Russells, which, if wcalit'eoelle,,
went far to establish the fact of the
charged. The Learned Gentleman here read thes
r 14;)
of these witnesses, in answer to, the allegalte,
in the affidavits, and denied with s°liroctil,
certain imputations cast on the moral `"'„,et Pot,
Elizabeth Russell, in order to destroy the inflor-oitbr,,o
evidence, the same was also attempted to WI dove,. roil,
Revel, Mary Langrage, and several other witlie°setp-ilivt!
submitted without anything like good cause ; apl
then had they clearly proved criminal connestie°4,oo?
miscarriage of Mrs. Cooke had taken
place in c°l%the time she was living with her father and eall--„olel;i0.
,
her husband. The Learned Gentleman, at'Too ti,/
combatted the imputations set up by the defell,„,"tsg tAb
the veracity of these witnesses, and, after reK Ake
affidavits of the two defendants, who set forth the', get 6'
charge was a base conspiracy of the plaintiff ;° o; fey
the load of marriage" on account of disappolutelledoir
ing Mrs. Cooke's fortune, concluded by calling f
ships to discharge the application. nor;
(The argument had not concluded when our It-
was expected to last all day.)
THE MILITIA.—The following are the (I°"'„,-1,
for holding commissions in the militia :—For Cole"-#0
a-year landed property, or to be heir apparel/0V
a-year. For Lieutenant-Colonel, 600/. a year -for4,
perty, or to be heir apparent to 1,200/. a-year.t °for,
4001. a-year landed property, or to be heir apps or •
a-year. For Captain, 200/. a-year landed propel p
heir apparent to 400/. a-year. One half of altoog',o
.oust be in the county to which such regiment hr t fe"„lti
A CAT BURIED ALIVE.—Last week a hill "
near Wooler, bad occasion to re-open a potato latiolo,(/1
his great surprise his lost cat came crawling n'
freosed
straw, a mere living skeleton! A. month had e 107,001
the pit was opened, at which time poor puss had 0 -
entered and been covered up.—Tyne Mercury; moo 'V
COST OF CITY PAVEMENT.—At the Maryle7-,ipk, r
last Saturday, Sir Peter Laurie stated that the i(0,
of wooden pavement, and subsequent removal , 401
granite, cost the City of London 40.0004 last Zf.s`tert/N
REDUCTION IN THE PRICE OF BREAD.--,.lefl„pl• yl°
quartern loaf underwent a reduction of one haill)%s beso.o,
POISON ON TWELFTHCAKES.—An inquest ley of it,
Tuesday lost, at the Town Hall, Derby, on the died
Ellen Woollatt, a girl of four years old, "5/21.?„,ke•
eating some of the ornaments from a tweln,"„„,-- e. 070;
Borough, a surgeon, stated that on a port most` ofl
tion, the symptoms presented were precisely alln,`A,--o jn
have been produced by carbonate of lead. hTht.o,-fee
turned a verdict, "The immediate cause of del'",olteV
susception of the bowels, which appears to have re'eiftl,e'r
deceased eating a portion of the ornaments of tif-
-Derby Reporter. c,el4
nr h
THE WANDSWORTH UNION.—At Wanatv-t.i
court, yesterday, another batch of fourteen eaall7,,tnitiP,
men and boys, were brought up from the Wands";,-.
charged with refusing to work and tearing the„-frise
"
They were sentenced to terms of imprisonment d
fourteen days to a month. i01.06'
WATERMEN'S STEAMERS-AND THE NAFIG.he
surrEx.—During the whole of yesterday, two of
men's steam-boats were stationed alongside the nelog
pier at Paul's-wharf; to prevent the barges from be- key
again into the custody of the Water-bailiff.
le A°or
RAILWAY STRIKE.—On Friday last the
of the Scottish Central line, from Peterhead to Tool,
amounting to upwards of 3,000 sturdy labourers, eliok
shovels, assembled iii front of the office at St'ri-reele. or°,l
they demanded an advance of wages of 3s. per the
Robinson, the active and intelligent manager 01 weetaii,
considering the shortness of the day, the rate 0' to Ole
present being 2s. 6d. per day, did not think pro Pee 001,44
with what seemed to be an unreasonable deinaltee. e, $O,
was feared that some disturbance might take P ritoie'to t'
precautionary measure was adopted, and the rto te;ll,lV
now regretting their rash step, and are resolve" t 0 .d
their work. Some of the ringleaders have been ero
Stirling Observer. Geo
LONDON ORPHAN ASYLUM.—yesterday' fe itree!
Court of the Governors and subscribers to the s6,te'sgiP
tution was held at the London Tavern, Biebell'esfetlite°
for receiving the annual report and the election eio'l COe
and eighteen boys from a list of ninety-nil e ,
Alderman Thompson, M.P., in the chair. Tl'e„Aiea',gl-;
gratulated the subscribers on Ins act of incorrer7,.,-°05',,:"4.5•„'
been obtained, and that the institution was P Ar°'", 1:":
public favour. The life subscriptions amounteA:o' 'ear,
annual donations, 4,776/. 3s. ; donations, 264/-.15 beep
gacies, 311/. is. Bd. The routine business 110,17 theta
eluded, thanks were voted to the Chairman, "`"
ing separated.
cona
CALAIS, JAN 2a-31r. Marshall, tLie yeside
here for the last twenty-four years, died ear';'
morning, after several days' illness. He has lot , lee-
a large family to regret his loss. lie was much fe'",,
his situation. tiro,A
The Right Hon. Thomas Erskine, who
.re die 11,
his judicial functions some time since, is peasilleVlec/
in improved health, at his marine villa near Cbri

RTIIB.
On the 16th inst , at Stutgard,Bl
the wife of Charles co,
Ps'S, (
Esq., of a daughter. 0
On the 22d inst. at the Vicarage House, East 11°' site
wife of the insti Streatfeild, of a daughter. .iorteo,
od
On the 23d ,at Plaistow, the lady of Charles '' ile
of a daughter.
me MO aO'
On the 23d inst., at Caledonia-place, Clifton,
O
W
Connack,daghter
,i the On the 23dq inst., atu Eton. House, Haverstock,-11, 100
Mansse, Esq., of a son.
On the 24th inst., at Commercial-road, Lambeth, Vil J
bop
Wheatley, of a daughter.
a dao.
On the 24th inst., at Whetstone, Mrs. G. Burl, of all
00- #'dile'
On the 24th iust., at Burton-crescent, Mrs. S. Sea., 0. f . 41,•
On the 24th inst., in Mecklenhurgh-street, Atte' _A, r'
werth, of a daughter.
if Sal".-
On the 24th inst., in Chatham-place, the wife a-,. - .
of a son. TO
0, '
---
110 A 0
MARRIED. e the it opt
On the 21st inst., at St. George's, ilanover-squarer p'.o of c ',-
Rev. William Towry Law, Chancellor of the (1.1ee,4- cart C.
00
Wells, to Matilda, Second daughter of the late so "*" .41'w40$
.., gomery, Bart.
rook, -1"-oOn.
On the 22d inst., at St. Mary's Church, DonnY— Luc'', '
Martin Corry, Esq., Straw Hall, Carlow, to Margaret
daughter of Mat. Fortescue, Esq., Belvidere, Dublin'
_.fi 11°.
DIED. , irgliz"— „,e.4;
On the 19th of December last, at Latante, Grena-a, OP'
Whiteman, Esq., aged 54. , „chill, , ~ii,
On the 17th inst., at Lambeth Miss Sarah au°. fer',,
agf.e pt'''
daughter of the late B. Churchill, Esq. viola otaa
On the 19th inst., at Ventnor, Isle of Wight Mr. b 1,4r0r
On the 20th inst., at the Vicarage, Guilsboraug." fog ict ef
Susanna, widow of the Rev. Thomas Sikes. „,,D110,,„ rel
On the 21st inst., at West Mailing, Kent, Jainoo.`r" ikiar“" ,A.
On .the 21st inst., in Porchester-terrace, HaYowa`e ' 6,-r.' of
the late T. Gregory, Esq. J olairVialle
On the 22d inst., at Bath, Frances, relict of the
On the 23d inst., at Tudor Lodge, Brixton, F of
Septimus Wray, Esq., M.D. D.A., °l°. ler
- On the 23d inst., the Rev. Thomas Osmond FrY, ‘Too
College, Cambridge. v,/,, (A
On the 23d inst., Agnes, the wife of Vincent Groff' ilto°
Street, Southwark. r tio..toOn'
On the 23d inst., in Fortress-terrace, —on oos('
latre.nceo, tl2 ,#
Rainford Ensor, Esq. goo& vea-
On the 24th inst., at Kensington, Mrs. Deborah. AcheAche
On the 24th hist., James Lynch, Esq., of King° I 112'.
of /to eici
y0.174he v.' ad
London : Printed and Published by MURDO
and, in ...., pat'
Strand, Printer, at The Sun °ince, No. 112, Str To
of the Savoy, til thy county of Middlesex'
A 1846.