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

.... 4 to

DIED.

•
BAIL COURT.—(THIS DAY'
(Sittings in Banco, before Mr. Justice Wit Liao.) l 0
The cases disposed of in this Court to-day Possess°
feature of public interest.
EXCITEQUER.—(THIS DAY
(Sittings in Banco.)
LEEDS AND CARLISLE RAILWAY.—SIR JOHN
DERESFORD AND OTHERS.
Mr. SMITH moved the Court this morning to stn,
to Prbe
ceedings in this action until the plaintiff had delivered
defendant a further and better particular of the notic2
u
the
demand. The plaintiff was the eminent engineer, n
defendants the managing Directors of the Leeds and Csflisl6
which
line
Railway, for preparing the necessary surveys of whl gal
the plaintiff claimed 12,8554 and had brought the 11.44
action to recover that amount. Now the defendantshythei
to know how this amount was made up, in o_l:tr„,t, spa°
might 4 submit the amount to some competent poi"—
of judging whether it was fair or not. the ri°
- Mr. Baron ALDERSON—Had you not better imier
at or.ce, and save all further expenses? fer
Mr. Smrra said they were not in a position to refer,
to the particulars of demand being of so general as
04'
differot
and unless the Court were prepared to lay down the parts'
rule in the case of engineers, he was quite sure
iiicient•
culars which had been delivered in the cause were inst Has stle
Mr. Baron ALDERSON did not know that there e
necessity for the Court to lay down a new rule in Olt: bnl
an engineer, because an engineer did his work in tilt
and could hardly be expected to make out his h"1
same way as a tradesman. tsi°ea
Mr. SMITH would submit that the particular 'loll.
one item 'of 8,9801., which ought to be given More 1,0
It was for personally examining the country betweeount ;be
and Carlisle, making sundry trial sections, 13):ilsoiiciterS
main line, finding surveyors and levellers, meetinl,
and Directors, and arranging with them, with Wer,
ling, and other expenses._ bes°
Mr. Baron ALDERSON—WeII, how could be deliver
dale
particular than that ?
Mr. Sarrru replied that surely he couldsay how el,sligaril-
he was employed in the surveys, and how Dian,' s`
ca
be employed. vcs
Mr. Baron ALDERSON—Then; in fact, you want
d heif
an account of the number of fields he surveyed, an
heMr. was surveyin them. Ohl
SMITH sub g mitted that the particular aller4 tharevel.
plaintiff had paid money out of pocket for tavern bills,
e` 1014
ling expenses, and assistants; surely he must 13$1
some account of the money he paid. lan Od
~E
Mr. Baron ALDERSON—You have already hnfito grid
granted you at Chambers, calling upon the plan charges eget
rate the money paid out of pocket from the be,a"
the work and labour, and when that is done Yeu„'tl Pop
possession of sufficient information to enable 3'o" to
what the claim is for.
Mr. SMITH apprehended not. Suppose a
delivera particular in this general form, For building
1,000/., would that be sufficient ?
The LORD CHIEF JUSTICE—I think it would be $
particular.
Mr. ,„ ore le
SMITH thought not. But suppose an attorn% woe'
deliver his bill thus, To defending an action so rup—'
that be sufficient? I
The LORD CHIEF BARON—An attorney is a clu'tOsti°,P‘
son altogether, because his charges are subjected to, to be j1:0
Mr. SMITH contended that an engineer ought notj that
empted from the general rule, and he submitted
Court ought to call upon the plaintiff to deliver "
him
particular of the nature of his claim. have
Mr. Baron ALDERSON—SureIy you would not -
give you an account of every glass of wine el'
brandy he used during the completion of the surveY;tio 'he
is a wide difference between particulars' for info rill- ofieto
t"
particulars for traps. The one gave a correct
1.0 to
plaintiff's claim, while the other betrayed the P"—„;si Pr:4
an admission which might be used against him at :or;
The LORD CHIEF BARON—The Court makes,ne of 710
to the general rule bearing upon particulars in Tiet,l°,,lifer tic
gincers, and the Court requires the engineer to "" sani
same description of particular as the shoeulakerlostnre
such a particular as will give a correct idea of tht, den',,s!joi
the claim. Surely if a shoemaker stated that 0:000,
was so much for a pair of boots, you would not eau;
to give a detailed account of the cost and prices ours reio
rials with which the boots were made. The C°
to make the order. 4/1

COMMON PLEAS.—(THIS DP
je
COOKE V. WETHERELL. this
Mr. Sergeant SEEK resumed the argument in tW°
continuation of his address on Saturday, and aga;;;se.
sought for a new trial on the ground of Surf
e' t. 5,0
Learned Gentleman, this morning, directed hi,lnsiee
affidavits of Catherine Bull, Mary Potter, and artie:4l,o
contending that had it been supposed that the Pstrer„cs
now made them were necessary on the trial to i.o.e LNIO
the defence of Mr. Wetherell, they could easily ids
produced. In answer to what was alleged on those,etioS,
there was the clear evidence of Mary Hall, the wohsl; of t?
of Dorset street, and the Russells, which, if vi._°rtrlconemeti,
went far to establish the fact of the criminal efi",,rtt
charged. The Learned Gentleman here read the set ~" a
of these witnesses, in answer to the allegations estwri
in the affidavits, and denied with seni,,eirscteryi
certain imputations cast on the moral n"",ce
Elizabeth Russell, in order to destroy the intlue-eith
evidence, the same was also attempted to be dOne 5 ;
Revel, Mary Langrage, and several other witnessend if $0
submitted without anything like good cause ; ;ILO
then had they clearly proved criminal connexiotheques?
miscarriage of Mrs. Cooke had taken place in eons died
the time she was living with her father and sePar.„, let 9
her husband. The Learned Gentleman, at Fe,f,',t seijit
combatted the imputations set up by the defenc, tO.
the voracity of these witnesses, and, after reply tle1;41
affidavits of the two defendants, who set forth that, ,et n„c
charge was a base conspiracy of the plaintiff to
prrerrj,
the load of marriage" on account of disappointnietbeit iF
ing Mrs. Cooke's fortune, concluded by calling on .4
ships to discharge the application. rt left
(The argument had not concluded when our repo
was expected to last all day.)
:n0
0,01,0#
THE MILITIA.—The following are the cps
for holding commissions in the militia :—For `24,/
a-year landed property, or to be heir apparentiiedt,
a-year. For Lieutenant-Colonel, 600/. a year Fore
perty, or to be heir apparent to 1,200/. a-year. t
400/. a-year landed property, or to be heir apparel' or t"d
a-year. For Captain, 2001. a-year landed propertfi, per
heir apparent to 400/. a• year. One half of oue,„00 rob
must be in the county to which such regiment hielvt ti
A CAT BURIED ALIVE.—Last week a bin"
ghentpt
near Wooler, bad occasion to re-open a potato Pibelo":00
his great surprise his lost cat came crawling from od -tee
straw, a mere living skeleton ! A month had e'3,Portuni
the pit was opened, at which time poor puss had no'
entered and been covered up.—Tyne Mercury hnnefesid
COST OF CITY PAVEMENT.—At the Maryle
last Saturday, Sir Peter Laurie stated that the I°./r the
of wooden pavement, and subsequent removal f
granite, cost the City of London 40,000/. last Z,' riit/
REDUCTION IN THE PRICE OF BREAD.—Yes
,p 4
quartern loaf underwent a reduction of one halfpe% bei4ob
POISON ON TWELFTHCAKES.—AII inquest "a of
Tuesday lost, at the Town Hall, Derby, on the ini• ed )10
Ellen Woollatt, a girl of four years'
old, Wh,°„kie..,/,4
eating some of the ornaments from a twel4,"`"
BorOugh, a surgeon, stated that on a port more v
tion, the symptoms presented were precisely euvrche jarfottr,
have been produced by carbonate of lead. vis,"(sP"o
turned a verdict, The immediate cause of desti't:iteolp
susception of the bowels, which appears to have .t.selrlllc
deceased eating a portion of the ornaments of al" 'ee'
—Derby Reporter.
0,
.„0 th
THE WANDSWORTH UNION.—At A 10- ill,
court, yesterday, another batch of fourteen oos,ll-o,4eb";;g',
men and boys, were brought up from the Wands'i;
charged with refusing to work arid tearing the" 01;
They were sentenced to terms of imprisonment "r""
fourteen days to a month.
WATERMEN'S STEAMERS AND THE NASl°.l;hie
mrrrEx.—During the whole of yesterday, two 011 .-/)°Ye'C:tot'r
men's steam-boats were stationed alongside the o°l4 tor"
bet
n 6
at Paul's-wharf, to prevent the barges from
rlird
again into the custody of the Water-bailiff. s 041.
RAILWAY STRIKE.—On Friday last the vv-n-°lnotes` ir •
of the Scottish Central line, from Peterhead to tsed.,,Do
amounting to upwards of 3,000 sturdy labourers, filo
shovels, assembled in front of the office at Stiro,eecttt
they demanded an advance of wages of 3s. per ,e; r,
Robinson, the active and intelligent manager ot f
considering the shortness of the day, the vitt. to CA° ii
present being 2s. 6d. per day, did not think pror', SIPA
with what seemed to be an unreasonable &woodlice, "
was feared that some disturbance might take P,,Antettioat"
precautionary measure was adopted, and the ~if/
now regretting their rash step, and.are resolved ,
their work. Some of the ringleaders have been r r 0
Stirling Observer.
LONDON ORPHAN ASYLUM. YesterdaY lifite!
Court of the Governors and subscribers to the Deems°
tutiun was held at the London Tavern, Bish°llsef•ii°
for receiving the annual report and the election 0. oeily.
and eighteen boys from a list of ninety-nit repohrtifil
Alderman Thompson, M.P., in the chair. 15-zoll "A;
gratulated the subscribers on as act of incorporate e0",0",,,
been obtained, and that the institution was P ,'"
public favour. The life subscriptions amount
annual donations, 4,776/. 3s. ; donations, 254/. 1' bedoecr
gacies, 311/. Is. Bd. The routine business host tb° 4,1
cluded, thanks were voted to the Chairman, am
h 01,;( ing separated.
entfitii-
_ter
CALAIS, JAN Marshall, the c-, P,o.
here for the last twenty-four years, died et" e'lnPilea'
morning after several days' illness. We has left sve':-
h re 0
a large family'
to regret his loss. He was much fro'
his situation. tire
The Right Hon. Thomas Erskine, who re dd 11)
his judicial functions some time since, is ',Will:1010re
in improved health, at his marine villa near Chris
BIRTHS. Cutts
On the 16th inst , at Stutgard, the wife of Charles,
Esq., of a daughter. E 0
On the 22d inst., at the Vicarage House, East Oa"'
wife of the Rey. W. Streatfeild, of a daughter. ,farto' ~rf
On the 23d inst., at Plaistow, the lady of Charles f
a daughter. °f
On the 23d inst., at Caledonia-place, Clifton, ta' ifs °
Cormack, Esq., of a daughter. ii thew 5 f
On the 23d inst., at Eton House, Haverstock-la foe
Mansse, Esq., of a son. go, d
On the 24th inst., at Commercial-road, Lambeth, off.
Wheatley, of a daughter. d2o,ng tor
On the 24th inst., at Whetstone, Mrs. G. Bury, -of s pit
On the 24th inst., at Burton-crescent, Mrs. S. St" G.P
On the 24th inst., in Mecklenburgh-street,
worth, of a daughter. f
On the 24th inst., in Chatham-place, the wife 0
of a son

------------------jipl
MARRIED. . the hod'
t,,i'
On the 21st inst., at St. George's, Hanover-scluer."o of '- Di"
Rev. William Towry Law, Chancellor of the diellepri toe
Wells, to Matilda, second daughter of the late Sir -ifiPeoi
gomery, Bart. b. De olif
-0., '" •
On the 22d inst., at St. Mary's Church, DOOO3 br,,t vie,'f °
Martin Corry, Esq., Straw Hall, Carlow, to MargeL; ~
daughter of Mat. Forteseue, Esq., Belvidere, Dub"—.
fleP"
Grenada, • sie
Willi nevi
io