The Sun.
London, England, 1846-11-27 00:00:00

EXCHEQUER.-(THIS DAY.)

WEEKS V. ARGENT.
This was an action to recover 1201. on a promissory
note.
The defendant was formerly the proprieter of the Rain-
bow 'l'avern, Fleet- street. A person of the name of
tt
betw
Clarke was waiter at the tavern. During the time of
his living
money
transactions
f
our thou-
sand took
place nththtehme
defendanto the extent
of three o
pounds. In the course of these transactions,
defendant gave the plaintiff an acceptance for
hundred pounds, which was dishonoured, and on which
judgment was obtained. In the mean time the defen-
dant became bankrupt. Upon the morning of his final
examination, the solicitor to Clarke waited upon and in-
formed defendant, that unless some arrangement was
come to with reference to his claim he would oppose the
granting of his certificate. In consequence of this
threat, two promissory notes of 1201. each were handed
over by the defendant to Clarke or his agent. Of these
notes one was at twelve months, the other at twenty-
four. It was upon the first of these that the present
action was brought. By an Act passed during the pre-
sent reign it was enacted, that if any bankrupt should
give any promissory note or other security to pievent
any creditor from opposing his final examination or ob-
taining his certificate, such notes or security were to be
considered as null and void. It was under the provisions
of this Act that the defendant set up the plea to the
present action.
Mr. 010NTAGUE CHAMBERS, having stated the above
facts, proceeded to call witnesses in support thereof.
Mr. CHARNOCK then called Mr. Valiance, the attor-
ney of Clarke, who conducted the arrangement above
referred to, and in the course of his examination asked
him several questions, which he objected to answer un-
less desired to do so by the Learned Baron, on the
ground of the communications that he had with the
parties being privileged.
Mr. HUMPHREY contended that the witness could not
be compelled to divulge any circumstances connected
with those transactions.
The LORD CHIEF BARON ruled that the witness should
answer the questions.
A note was taken of the objection, and the witness
proceeded to give evidence corroborative of the state-
ment above made.
The proceedings in the Court of Bankruptcy were
then put in to prove the bankruptcy of the defendant.
This evidence was considered not sufficient by the
Lord Chief Baron, and a verdict was accordingly re-
turned for the plaintiff for the sum claimed.
Leave was given to the defendant to move to enter
the verdict for the defendant if the proceedings were
considered by the Court sufficient ; and leave was given
to the plaintiff, in case such proceenings were considered
sufficient, to move for a new trial, on the ground of the
tmadmissibility of the evidence of Mr. Valiance.

CRIMINAL COURT.-(THIS DAY.]

OLD COURT.

Thomas Henry Langford, an egg dealer, aged 34, was
indicted for the manslaughter of Thomas Roberts, by
running over him with a cart, between Greenwich and
Woolwich.
Mr. Ballantine was retained for the prosecution, and
Mr. Doane defended the prisoner.
The prisoner, it appeared, in the course of his business,
was driving between the two towns mentioned at a fu-
rious rate, on the 9th of the present month, and the
principal difficulty in the case arose from the inability
of the witnesses to identify him. The horse and the
cart said to have occasioned the accident were in the
yard of the Court, and several witnesses appeared to
identify a pad and basket which were found on the road
after it. This closed the evidence on the part of the
prosecution.
Mr. DOANE, in addressing the jury, said the question
was not one respecting the accident itself, but upon the
fact whether that accident was caused by the prisoner at
the bar. It appeared that a number of persons had
assembled at the Antigallican Tavern, to celebrate
the birthday of Mr. Wheatley, the landlord. After
the entertainment the party had broken up, and in a
condition which would at least make them careless
of any consequences, and certainly might subject them
to danger in the event of any vehicle being driven
rapidly up the road. The prisoner entirely denied any
participation in the offence, though offence there cer-
tainly had been. The whole charge rested on circum-
stancial evidence alone. To this evidence they must
turn their attention. The pad produced was one for
herrings ; and it was shown that a person of the name
of Parr got into the prisoner's cart between eight and
nine in the evening ; and as this person was a customer
of Langford's, it was most probable that he would have
ascertained what the cart contained. Now it was per-
fectly clear that there were no herring pads in the cart
at that time. This was a most important fact, for it was
stated in the evidence that several persons were passing
down the road every day for tho sale of herrings and
eggs. The next important point was the time at which
it was alleged he was returning to town. It was plainly
put in evidence that ho was seen on his road driving his
own horse, about nine in the evening, about three miles
from the place where the accident happened, that cir-
cumstance having happened certainly after eleven, if not
at nearly twelve at night. He contended that there was
no case whatever made out against the prisoner.
The following witnesses were then examined :
Mr. Frederick Pearse, an egg dealer at Deptford, who
had sold the horse to the prisoner, stated that he had
often tried to get the horse into a gallop, and had great
difficulty even in making it trot. He did not believe that
the animal could go ten miles an hour; certainly he had
never seen it gallop more than ten yards at a time.
Mr. Farrance, who kept a house in Worcester-street,
in the Borough, deposed to the,prisoner arriving about
twelve o'clock in the night of the 9th of November.

Thomas Parker, an ostler at the Lord Howick, at
Woolwich, deposed to having given the prisoner's horse
some bay about nine o'clock on the night in question.
William James, an engineer, had frequently driven
and ridden with the prisoner. He could not believe that
the horse could be able to go so much as ten miles an
hour. He had never been able to get him into a gallop,
although he bad frequently tried to do so.
After hearing some further evidence, the jury re--
turned a verdict of Not Guilty, and the prisoner was
immediately discharged.

NEW COURT.
GROSS ASSAULT ON A CHILD UNDER TEN YEARS OF
AGE. James Mellis, a green grocer, was convicted of a
gross assault on a female child, named Maton, little more
than nine years of age, and was sentenced by the
Recorder to one year's imprisonment in the Westminster
Bridewell.
Elizabeth Baylis, remanded from last sessions, was
indicted with receiving certain property, consisting of
linen and other articles, well knowing them to have been
stolen.
The jury acquitted the prisoner.

MARLBMY-STREET.—(THIS DAY)
John Williams, a young man very respectably dressed,
was, for ringing the private bells and alarming the
neighbourhood of Jermyn-street, this morning, fined 40s.
Frederick and Sarah Webb were both charged with
stealing three 51. Bank of England notes from a room in
Webb's Hotel, Piccadilly. -
James Salisbury, son of the proprietor of Webb's
Hotel, said the male prisoner had been a waiter at the
hotel, and had charge of the sitting-room occupied by
Mrs. Andrews, from Northampton, on the day when the
robbery was committed, Nov. 3. Mrs. Andrews put
three 51. notes into a case in the room that morning, and
in the evening of the same day she found that thy had
been removed from their place. She asked her son
whether he had used them, but he said he had not, and
strong suspicion was attached to the prisoner, for he had
been in the room and saw her put the notes in the case
that morning.
George Bentley, dairyman, 15, Henrietta-street, Man-
chester-square, said the female prisoner came with a
51. note to his shop for change some ten or twelve days
ago, The note produced was the one he had received
from Mrs. Webb.
James Lewis Ashman, 119 F, said he had been em-
ployed on the 3d November, by Mr. Salisbury, the pro-
prietor of the hotel, to trace the robbery, and after
several inquiries he traced the note produced from the
Bank of England to the last witness. It was one of the
lost notes, No. 1,034, and bore Webb's name and address
on the back.
Mrs. Webb said she had received the note produced
from her husband at Guildford.
The male prisoner said he gave his wife the note when
he was in Guildford, which was some six months before
he was engaged by Mrs. Salisbury; and this robbery
happened to be committed before he was to have his
situation in the hotel.
Mr. HARDWICK examined the note, and asked whe-
ther the female prisoner said it was five or six months'
ago since she received it? Mrs. Webb—Three or four
months' ago; I can't be sure.
Mr. HAnDwica then informed the prisoners that the
note had not then been issued fromithe Bank; it bore date
che 2d of October, 1846. He remanded the prisoners
till this day week for further inquiry.
Ann Richards, servant at the Red Horse Tavern, 10,
Old Bond-street, was charged with robbing her master
to a very great extent.
John Garton, proprietor of the Red Horse, said he had
occasion to suspect his servant, the prisoner at the bar,
for some time, and on coming down this morning at
eight o'clock, he was informed by the boy, that while
taking down the shutters they watched Ann, and ittw
her go to the till. The boy said to her she had
been at the till, and she offered him the coppers she

nad taken if he would hold his tongue. Mr. Garton,
on hearing this, determined on searching her room.
On going up he met the prisoner coming out of the
rooms with a bottle of port wine in her hand. He went
into the room and pulled the drawer of the bureau and
found there a quantity of biscuits and sugar, the sugar
being from a quantity that he had received in on Mon-
day last, and therefore must have been stolen this week.
He observed her bed was in a very confused state, and
asked her the reason. She said she had been making
it. He pulled the bed from off the mattress, and found
a stone bottle containing a quantity of gin, seven bottles
of port wine, nine bottles of brandy, three bottles of gin,
three bottles of rum, one bottle of whiskey, and two
pounds of cigars.
Mr. Gurton explained that the cigars were tied up in
,mall quantities, and had been stolen at different times ;
and that he had small racks for different wines within
the bar into which he brought quantities from the cellar
for the convenience of his wife, and out of these racks
the extensive robberies had been committed.

The prisoner only denied having taken any money.
Mr. HARDWICK committed the prisoner for trial at
the Central Criminal Court.
The parish authorities of St. James's summoned Mr
Cochrane, Secretary to the London Library, Pall-mall,
before Mr. Hard wicke, to show cause why the institution
refused to pay the vestry rates.
Mr. HARDWICK, having heard the argument on both
sides, read the words of the Act, " Provided always
they are supported wholly, or in part, by annual volun-
tary subscriptions." And said it had been admitted by
the parish authorities, that the library was in part so
supported ; and as the proceeds of the :apartments let
out to other societies had been applied to the objects of
the institution, which were purely literary, he was of
opinion that the library was exempted by the Act from
the parish rates.

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