The Sun.
London, England, 1848-05-18 00:00:00

LAW INTELLIGENCE.

WESTMINSTER COUNTY COURT, May 17.
(Before Mr. Sergeant JONES, Deputy Judge.)
HOPE V. 31.1.THEIVS.

This was an action brought by the plaintiff against
Mr. Charles James Mathews, the lessee of the Lyceum
Theatre, to recover the sum of 305., " for," according to
his bill of particulars, " attendance at the L)ceum
theatre three days' rehearsal, on the 19th, 20th, and
22d of April, with my two goats and a donkey, as per
order of Madame Vestris."

Mr. Ruxby, the stage manager of the theatre, ap-
peared for the defendant, aid applied for the ease to be
struck out, on the ground that the plaintiff was absent.
The plaintiff not answering, the case was struck out.
Mr. Roxby then applied for the costs of his witness's
attendance, and, on being asked what they were to prove,
said, he believed they would show there was no hiring,
but that the animals were merely brought to the theatre
once, for approval. _ _ _

The costs were allowed, but almost immedistely after
Mr. Hoxby and his witness had left the plaintiff ap-
peared, and corupivined of the case having been heard
in his absence. He had been ht the outer court Irons
eleven o'clock. and the officer knew he was there. His
case was nearly List on the list, and he was uut aware
that the court was so particular to a minute.
The JUDGE said it was not the question of a minute,
for neatly an hour had elaped before the application to
strike the case out was made. Plaintiffs took out a
summons fir a particular hour, and they were bound to
attend. He could not re open the case, and all he could
do was to give him permission to take out a fresh
summons.

A new summons was immediatyly taken out by
plaintiff.

POLICE INTELLIGENCE.
GUILDHALL.

Mr. William Evans, of 56, Basinghall.street, was
summoned at the instance of the Commissioners of
Sewers forfthe City of London and its liberties, for not
abating a nuisance, of which complaint has been made
for some months.

A clerk from the office of Mr. Tyrrell, who repre-
sented the Commissioners of Sewers, said that this was
a proceeding under the 9th andi 10th of Vic., chap.
26, for preventing the spread of contagious and epidemic
diseases, two surgeons having certified that from the
filthy state of the cesspools, and the dirty state of the
interior of about thirty houses in Portsoken Ward, not
only the health of the occupiers, but the whole neigh-
bourhood was endangered. The premises complained
of were thirty small tenements in Seven Step-alley,
Turner-square, and Little Ami-lia-place. The nuisance
was remediable, because there was a main sewer within
a few yards, to which a communication might be made
from the privies. The houses also very much required
white-washing and cleansing, and the season was ap-
proaching when such nuisances could not be neglected
with impunity. The freeholder was in America, and
Mr. Evans represented the leaseholder, who was dead.
Mr. Evans said be represented an under lessee, and the
premises, which were let out weekly to lodgers, pro-
duced no more rent than sufficient to pay the superior
lessee. He had no money in hand, but as the money
came in week by week would apply it to the purpose
required by law, but the City were now requiring him to
do at once what the rental would not enable him to do
for a long while. In fact, the matter was in Chancery,
and he did not see that he had any right whatever to
interfere in it. He could not be compelled to apply
money which he had not received.

The clerk said, that although he had not receiTed
the money, still his, credit would be good enough with
the bricklayer and plasterer, therefore there was no
difficulty in getting the evil removed at once.

Mr. Evans said-he was willing to do what he could
to abate the nuisance.

Sir P. LAUhIE said, the property appeared to be in a
peculiar predicament. He had no doubt that Mr. Evans,
as a respctable man, would reform any promise that be
made, and he would rather take hih; word that tie would
do what he could to abate the evil, than make any pe-
remptory order on the subject. The matter had better
stand over for a few days, and the Cumtnissiouers could
complain again if they were not
CLERKEIVII ELL.

Robert Williams and Albert Paisley, respectably
dresi,ed middle-aged men, were charged by Mr. Griws-
dale, of the E igle Tavern, Camden-ruad, Camden-town,
with stealing tour billiard-b.:Hs. _ _

It appeared from the evidence that, on Tuesday even-
ing last, the prisoners entered the parlour ot the prose-
c•utor's house, and called for a glass of porter, when
Williams left Pat .ley, and was ob,erved by the barman
to proceed up stairs to the billiard-room, ant imme-
diately afterwards returned, and calling Paisley out ot
the parlour, they both lett the house. The barman pro-
ceeded to the billiard•room, missed the balls, and in-
stantly followed and overtook the prisoners. He was
about to take them in o custody, when they ran away in
different directions, but they were pursued aid captured
when the property was found in the possessio❑ of Wit.
liams. Paisley, o❑ being apprehended, took a drinking
glass from his pocket, and, throwing it on the gruaud,
dashed it into pieces.
Mr. Roberts, a gentleman residing in Camden-road,
said he was in Mr. Grimsdale's parlour reading the
❑ewspaper when the prisoners entered, and sat in sepa-
rate parts of the room. They conducted themselves very
suspiciously, and at length Williams left the apartment.
Paisley en,leavoured to force his conversation on witness,
and asked him if he ever betted on horse-racing? Wit
ness replied that he never did. The prisoner snatched
the paper from him, and said "I can tell you the winning
horse."

Mr. TYRWHITT—And did he do so? Witness—Yes,
your Worship.
Mr. TYRWHITT—And pray what horse did he name?
Witness—" Nil Desperandum."—(Laughter.) Williams
then peeped into the parlour and beckoned to Paisley,
saying " Come along." They both left the place, and
witness saw no more of them until they were in custody.
S 224 proved the apprehension of the prisoners, and
Mr. Grimsdale identified the property.
Williams, who declined giving his address, said in his
defence, that he purchased a duplicate for the balls of a
young man, a stranger to him, and he redeemed that at
a pawnbroker's in Long-acre.
Paisley denied all knowledge of the affair, as to steal-
ing the property.
Mr. TYRWHITT said there was not sufficient to warrant
their being committed to take their trial, but he would
remand them for the production of other necessary evi-
dence to complete the case.

THAMES.
Mr. Henry Coates, the landlord of the Hermit, in
Hermitage-street, London Dock, appeared before Mr.
Yardley, charged with assaulting Timothy Scully, an
Irishman, who put on his hat when the New Testament
was presented to him to be sworn, on which Mr. Ellis,
the chief usher, asked him if he was a Jew. He replied
that he was, on which he was sworn upon the Hebrew
Bible, in the usual form.
The complainant stood that he was passing defend-
ant's house on Saturday night, when Mr. Coates rushed
out in his shirt sleeves, struck him twice, and felled him
to the ground. He did not speak to Mr. Coates, or offer
him any provocation whatever.
In cross-examination by Mr. Pelham for the defen-
dant, Scully said he could not recollect that he ever said
anything offensive to the defendant's female servant. To
the best of his memory he never made a filthy and im-
moral proposal to her.
Mr. Pelham—To the best of your memory, man, you
have done it repeatedly, and the young woman is here
to prove it. Did not Mr. Coates say, why did you
offend my servant? Scully—Well, he did, and he struck
me before I had time to make any answer.
Mr. Pelham—You said you were a Jew when you
were sworn. I never heard of an Irish Jew before.
Scully—l am not a Jew, but lam an Irishman.
Mr. Pelham—How came you to be sworn in the
Jewish form, and to state that you were a Jew? Scully
—I don't know, I'm sure.
Mr. Pelham then called Johanna Sweeny, the de-
tendant's servant, who corroborated the charge. She
made her mistress acquainted with the circumstance, and
the mentioned it to her master, who went after the coma
plainant.

Mr. YARDLEY—And knocked him down for making
such infamous proposals to you. It is not a legal justi-
nation, and therefore I fine Mr. Coates 6d., but without
costs. The complainant will be 2s. out of pocket for the
warrant.

THE LATE RAILWAY ACCIDENT.
SWINDON, WEDNESDAY.—The adjourned inquiry into
the death of Mr. Arthur Augustus Lea was resumed
here this morning in one of the large rooms at the station.
Mr. Seymour Clarke, the superintendent of the Great
Western Railway, arrived at Swindon from London be-
fore nine o'clock, that being the hour to which the pro-
ceedings stood adjourned, but owing to the lax arrange-
ments which appear to prevail in this locality, it was fully
half-past ten before the coroner and jury had assembled.
The policeman Pargetter, who had been placed in cus-
tody at the close of the previous sitting of the jury, was
produced this morning by the superintendent of the com-
pany's police.
The jury having answered to their names,
Mr, H. W. Hooper, of Exeter, solicitor, informed the
coroner that he attended on behalf of Pargetter, and.-
begged to ask on what charge, and by whom,
vidual had been placed in custody. that inch
A gentleman who sat near the coroner replied
irepriltioedeutostctdhye
question. He said Pargetter had been given
inby causing using been concerned
magistrate,the
death oa suspicionof the
de
coefa
se
d having.
d
Mr. Hooper begged to ask who was the magistrate,
had been issued for the
and whether any warrant
prisoner's apprehension ?
To this question the CORONER volunteered a reply.
fact was he had, by request of the jury,
He said the
ordered Pargeter into custody himself.
his
client to know the position which
Mr. Hooper wished
client stnod ?
The CORONER—As having been accessory to the death
of the deceased.
The CORONER was here about to read the evidence of
the several witnesses examined on Saturday last, when
Mr.
Hooper objected, and said if the depositions
quoted were to be used against his client he should de-
mand that the witnesses be re-examined viva yam The
judges had decided this point, and he should insist on his
right to hear the evidence taken.
The Coroner appeared considerably embarrassed by
Mr. Hooper's application, backed as it was by a refer •
ence, real or imaginary, to the authority of the judges ;
but the jury helped him out of his difficulty by protest-
ing that they would not sit to hear the same evidence
from the lips of witnesses called a second time.
The evidence of the first witness, Stephen Carter, was
then read at length by the clerk, after which
The CORONER asked Mr. Hooper if he would like to
ask the witness any questions?
Mr. Hooper declared himself quite unable to catch
the points of the evidence owing to the hurried manner
in which it had been read over. Ile obcould 1191 Mk any