The Sun.
London, England, 1846-03-20 00:00:00

MARCH '2O, 1846.

The next position taken alleged that there was no continous plan
of the railway deposited with the clerks of the peace. This
allegation was founded upon the fact .that certain property was
omitted in the plan, auViiefer,nee was made to an additional and
enlarged plan • This point had previou-ly been argued at great length
upon previous petitiotts. .
A witness was called to prove the omission of certain property
from the,plans.
Mr. litraxi, observed that he thought his friend had no right, upon
an allegation that there Was no continuous plan, to go into a ques-
tion as to the ciirrectne,s or 4py" particular:part of the plan.
A discussion here ensues, which ended in the point being reserved.
;t was next alleged that the mile:nie was not marked from the
station -0 the Grand Junction Railway where the line was said to
begin, fur (ruin the station at Charles-street, Birtningham. .
This allegation as admitted by, r. Burke., .
The ile,tt xhl,yation. witieti also -had reference to the point as to
the additional pl.c,s, Was withdrawn.
It was next alleged that the datum line was not the same. through.
out, the distance hetwem the datum line and the line of rails being
four feet greatez at the beginning of one sheet titan at the end of the
sheet preceding.
Arr. Burke admitted the discrepancy, btu subinitted that the alle-
gation wris not proved, as the datum line wasth fact tile same.
'fire committee determinato report that the standing orders were
lint masmuch as the distance between the datum line
and-the line of rails was incorrectly marked. They considered that
the datum line was the same throughout, and that the error was in
the making of the anon. at.

- •
The- next allegation had reference to an inaccuracy in the datum
line, which in one of the plans was not straight. It was represented
On th other side that the er,x,k,4lness of the line was owing to the
shrinking of the transfer paper used in cm:raving the plang, and that
the distance between the rails and the datum line was correct.
• The Committee having heard evidence on both sides, tinkled that
the allegation was not proved.

Upon the allegation that a cartiage-roa,l, passing !hrough the fiehl,
marked No. 27, on the plans, was riot marked, the Committee de-
cided.that the standing orders were not complied with.
The Committee were discussing a question as to whether a certain
road was a public carrlage'way.or not, when Mr. Speaker was an-
nounced:at prayers, and the Cbsirmai, bavhig, re-sealed the plans
which had been opc:ncd for the purpose of twahibiting Mr. CArter's
" mare's nest,'' us ISlr. Burke had termed it,
The Committee adjourned till to-morrow.

STANDING ORDERS' COMMITTEE.
HOUSE OF LORDS.
Cornmittee resumed its sittings this day, at twelve o'clock,
Present, the Earl of Shaftabury, in the chair.
- - TAW VALLEY, •
The object of this line is to connect- Barnstatle and Bideford with
Exeter. The whole length of the line is thirty seven miles, including
an extension of six miles from Farmington to Bideford. The main
line is front Barnstable to Crediton, whore it joins the Exeter and
Crediton Railway. The estimated cost is 515,900!. Engineer,
Joseph Locke ; Parliamentary agents, Dyson and Company.
The Company were opposed by the proposed North Devon Rail-
way Company.
After hearing the usual evidence, the Committee decided that the
datum line of the extension was not formed from such a point as
was contemplated by the standing ordtrs, and they therefore re-
jected that portion of the lice ; with respect to the main line, they
decided that the Company had complied with the standing orders.
DONCASTER, WAKEFIELD, AND LEEDS RAILWAY.
This was the next case which occupied thii attention of the Corn-
mittee, who, after an ex'rerriely lengthened investigation, decided that
the Company had complied with the standing orders.
HUNTINGDON AND WISBEACti RAILWAY.
After hearing the usual evidence, the Committee decided that the
Company had not complied with the standing orders.
LYNN AND ELY (EXTENSION TO MARCH.)
In this ease the committee decided that the Company had
complied with the standing orders.
ELY AND HUNTINGDON RAILWAY (BEDFORD EXTEN-
SION).
The Committee declared that the Company had complied with the
standing orders in this case.
LYNN AND ELY EXTENSION TO SPA.LDING.
A like di•eision was also given in this case.
The Costtunittee'imLourned at five o'clock.

LA W INTELLIGENC.e.
COURT OF CHANCERY, March 19.
The Lord Chancellor sat in Lincoln's Inn Hall to-day.

WILKINSON V. HARWOOD.

This ca.e came before the Court upon the petition of Miss
Hannah Keningate Wilkinson, presented under rather singu-
lar circumstances. The object of the petitiou was, that part
of a fund to which she was entitled, amounting to between
2,000/. and 3,000/. stuck, might be bold, in order to pay the
costs of certain proceedings in the Ecclesiastical Courts and
in the Court of Chancery, rendered necessary in consequence
of the following circumstances :—lt appeared from the state-
ments in the petition that Miss Wilkinson, who was of rather
imbecile mind, became possessed of the amount in question
under the will of her grandmother, and that by an
order of the Court she was placed under the guardian-
ship of her father, who sent her to the house
of two ladies of the name of Revell, living at
Sudbury, with whom she had ever since resided. It ap-
peared that in May last she came to town, accompanied
by one of the Misses Revell, on a visit to a gentleman named
Fenn, who resided at Blackheath; and that on Saturday,
the 24th of May, a young seafaring man, named Watts
Wilkinson, the cousin of the petitioner, came there, and
stated that he had cetae for the purpose of taking Miss
Wilkinson to spend the day at her aunt's, in Brudenell-place,
Hoaton. Mr. Fenn and Miss Revell, believing the truth
of the statement of young Wilkinson, hesitated not to
let the young lady go with him. Instead, however,
of taking her to Hoxton, he persuaded her to go with him to
Stepney Church, under the pretence of viewing it, and when
there (having previously obtained a license), after consider-
able objection and reluctance on the' part of the young lady,
the marriage ceremony was performed, the young lady for
some time declining to sign the contract, but ultimately
doing so. Both parties then went to the aunt's at Iloxton,
and, upon the petitioner threatening to inform her .'f what

had taken place, young Wilkinson, kft—no cohabita-
tion having taketi place, and, theNanarriage being
unconsummated. Miss Wilkinson inforiiied her aunt,
Mr. Fenn, and Miss Revell of all that had talk'
place, and ultimately returned with the latter lady
to Stidbltry. A suit WWI then instituted in the Eeelesiasticad
Court and a decree of nullity of marriage obtained against
Wilkinson, who, it appeared, had gone to sea and was totally-
unable to pay the costs awarded against him. Such being
the state of the case, the pretnit application becAtne neces-
sary in order that the costs might be provided for.
His Lonnstap made the order as prayed.

SHERIFFS' COURT, March 19.
( Before Mr. Under-Sheriff lltmettzu.. )
BEAN V. JOHNSTONE.

The plaintiffin this action is the landlord of the Greyhound
Inn, at Croyden. The defendant is a lady, who appeared in
person to defend the case. The demand was for 121. I2s. 2d.,
for board and lodging during the last assizes.
Ou the part of the plaintiff; it was stated that the defen-
dant went to the Greyhound, represented that she was en-
gaged by the Duke of Brunswick to make arrangements
for witnesses, who were to be examined in a case to be
tried at the assizes. She, in csmpany with a lady, oc-
cupied a bed-room and sitting-room for eleven days, and
was during that time supplied with dinners,' teas, and other
refreshments. The dtfendant had admitted her liability,
o but disputed the amount, cnending that the charg-s were
exorbitant. The charge was half a guinea ,a night fur the
bed-room.

William Herbert Morris, head waiter at the Greyhound,
was called, and proved the occupation of the rooms t hrough
the a,sizes. He c.,nsidered the charges in the bill very
moderate. The defendant said if the Duke did not pay slie
would.

Wiliam Fooley. waiter at the Greyhound, said that the
defendant had both a bed-room and sitting-room ; a common
charge was a guinea for a bed the first night, but no charge
was made fur the second night ; half a guinea a night was
charged even when the party remained for a fortnight.
The witness was cross-examined by the defendant, with a
view of showing that she had no sitting-room exclusively
appropriated to her use, and that one of the rooms was a
mere lumber-room. The witness admitted that it was a
large room, generally used as a refreshment-roorti when
balls were held. Ile thought ten shillings a night very
reasonable, particularly as there were two of them; 4s. 6d.
was charged for one chop. but defendant might have had
more if she had thought proper; 2s. 6d. was charged for tea
when meat was had. All the charges were of the usual
kild. He had been waiter at the Greyhound for eighteen
or twenty years
The defendant then addressed the jury, and said that she
wished to correct the statement that she had been engaged
to look after the witnesses for the Duke of Brunswick.
she was there on her own account, and distinctly told
the plaintiff so. There was only one lady at the inn who
hed anything to do with ;he Du.ke of Brunswick's case, and
Llefondant had been asked to be with her, as her presence
would not have been agreeable to other witnesses.
The defendant put in letters, showing that she had
uttered to pay 7/., which she considered was a fair
charge. 'Piet sum was refused by Messrs. Drummond,
who issued a writ, but afterwards offered to take the 71.,
vld 2/. for costs. The defendant complained of being
put to an expense, and offered to pay half the costs.
This offer, however, was rejected, and the action was carried
on. She contended that the charges were very unreasonable,
and that it was not usual to charge night after night for the
bed when the party lived in th • house.
Mrs. Ellen Fludder was called, and proved that she was
with the defendant. They had no silting-room, but were
sent from one to the other. 'Die bed-room was very scantily
furnished. There were no chairs tit to sit en, and one had
0,,1y three legs. She coth,idered the charges very high for
the accommodation.

:dr Fowler was called, and said he had been a special ju-
ryin,n at Chelmsford, and Nit, only charged three guineas
per week for every expense.
The UNDER-SHERIFF Said it was entirely a question fur
the jury whether the charges were fair for the first inn in an
as,ize town, at assize thm.—Verdict for the full amount.

ASSIZE INTELLIGENCE.
JVOItTHERN CI RC U IT.— York, March 17.
CIVIL SlDE.—(Before 3lr. Justice PArrasox.)
This Court has been engaged the whole of the day in the
trial of a special jury cause, upon an issue out of Chancery
relating to a question of drainage. It is that of

DAWSON V. PAVEIi AND ANOTHER.
Mr. Watson, Mr. Cowling, and Mr. Atherton, for the
plain' iff; Mr. Baines, Mr. Sergeant Wilkins, Mr. omlinson,
and Mr. H. Hill for the defendants.
The lands in question are situate in the neighbourhood of
SelbN, and the property of Mr. Dawson, whose mansion is
at Osgabv. There is an immense mass of evidence in the
cruse, which would not terminate to-day, and may probably
continue throughout to-morrow, if not into the next day.
CROWS SlDE.—(Before Mr. Justice Cum:ammo
John Atkinson, James Ella, and Christophe, Wilson, were
charged, for that. they, on the 9th of February last. at
Heivorth, in the North Riding, did feloniously and bur-
glariously break into and enter the dwelling-house of Wm.
Vitty, and steal therein five silver tea-spoons, one pair of
silver sugar-tongs, and one half-crown, his property.
Mr. Dearstey conducted the prosecution, and the prisoners
were severally defended by Mr. Temple, Mr: Otter, and Mr.
Overend.
It appeared from the evidence, that the prosecutor, who is
a farmer living in Stockton-lane, and his wife, are very old
people, having no other persons dwelling in their house than
a young man named George Vitty, their nephew, and their
grandchild, a little girl of about eleven. The family retired
to rest at about ten at night, when all the doors wire safe.
But about midnight Mrs. Vitty heard a noise like knocking
against a wall, and the dog barked. AI! was still again after
~ome time, and the old lady again fell asleep. But at b
an hour and a half later, site was awoke by ene of the pri-
soners approaching the bed in which she and her husband
lay. The prisoners all came into their room, and, the pro-
secutor having raised himself in bed, one of them, having a
gun in his hand, belonging to Mr. Vitty, which the party
had found in the house, threatened to blow out. his brains.
They afterwards when into the room of the nephew, and into
that of the little girl. No further violence appeared to have
been offered : but they deinaeded t he money of the family, and
searched their clothes for it, and ransacked drawers and other
iplices in the house.
Wilso4 let up an alibi in Ws ciefenc*.

The men were all found 'Guilty, and each sentenced to be
transported for fifteen year".
Mr. Knowles, Q.C., sat in tt te magistrates' room this morning
to try prisoners.

OXFORD ClRCUlT—Stqltold, March 18.

There are only about 60 prisoners fur trial, but many of
the offences charged are or, a very grave description, as the
following analysis will show:—
Murder 2, manslaughter 6, rape 8, unnatural 3, highway.
robbery 18, cutting and vroninding 5, bUrgimy 3, bigamy 2,
horse- stealing 1, maliciously' killing a horse 1, lareelf,Y
malicious shOoting 1, utterino!..l, embezzlement 1, forgery I,
assault with intent•to ravioli 1. crnicealment of birth 1, ab-
duction 1.

( Before Mr. B se on,PLATT.)
George Dorrell, ,aged 33, was indicted fur the tnans,aughter
The Georgeprisprisoner, who
1,1
oonwtas.hie
slt6attelidotfootTpnnei,nltBh4,l,ifiastt Upper
oAt. Arley.
con-
sumption, having been seated in the dock, ' '
Mr. BEADON, as counsel for th 4,. Crown, stated the facts of
the case to the jury, which ware briefly these :-,-The prisoner.•
with several others, amongst witiom was the deceased, were
drinking together at a public-he use, When, as it seemed, in a
frolic (for all the witnesses agreed-that there was no quarrel
or ill-will subsisting between thetTarties) Dorrell caught the
deceased by the collar, and threw...him over .his shoulder, ap•
loi:sii:fdgi
oaeluliatnyt hdear. ttieilll:ce)rtow'inr:r7i.:
parently intending that lie should alight. oil his feet. Ills
iiarninaTaitnieiejiebuvjaruc'rar; t'afshnittai rivebiln:l
strength,however.vi-asunfirtunately insufficient for thepurpose,
d
for the poor man fell urn the bad; of his neck, and sustained
into Scotland. - ibdnlulaettsrisi
afterwards
sgfttuoe:ril
Guilty,
,i
:n paralysis;
placing';and ulti-
mately
: • - . ' '
rwdistha.bierenoncdmeld.
mendation to mercy, his I.,,,rdstiip, i,sentenced him to be im-
prisoned for one Week. ,
Mr. lluddleston appeared for the 4:lelence.' _
.

WESTERN
odiotei::Cownlalets
dUhy ii?;lttrT.ll
of October.
tio
oirlbcinela istr 1Id
ia
slayingr t 17,
John
Gall.6lleerP°.argCte.BßSralwinders was counsel for tae proficient ion, and Mr.
Slade defended the prisoner.
It appeared that there had been a F,slr La the neighbour-
hood. The deceased stutl•his -wits were returning home from.
the fair, and were standing talking opposite a beer-shop, at
Bradpool. The wife heard some horses coming along the
road at a furious pace. The deceased pushe,i his wife close to
the door, and turned Mr the pavement into the road, when
he was instantly struck doWn by a horse, wiiich in conse-
quence tell and-threw its rider. It was about hali=past eight in
the evening, and it was moonlight. The deceteed had had
some drink, but he was not in liquor; he was Onarrelling
with his wife at the time, and was iu such a dreti+iful state
of passion that he hardly knew what he was aboui,. The
road was only 15 feet wide. The deceased Dever spol'te af-
terwards, and died in a few minutes. The prisoner was' the
man who was riding the horse that knocked the deceased
down. The deceased went towards the horse, as if he in•
tended to catch the bridle. •

Mr.. SLAV; on behalf of the prisoner, urged upon the

jury that the horse had ran away, and that the matter alto-
gether was an accident; and he called a witness who was
riding with the prisoner at the time, and who stated that
they were riding very slowly, but the prisoner's horse bolted,
and the horse of the witness ran away also. They were
neither of them in liquor.
The jury returned a verdict of Not Guilty.
Pierre Lenard Mallet was indicted for the wilful murder
of John Alekew, at Netherbury, on the 6th of December.
Mr. Hodges was counsel for the prusecutioa, and Mr. Slade
for the prisoner. '

The pri,oner, although he had been for many years in
England, is a Frenchman;- he was therefore asked whe-
ther he would be tried by a jury of Englishmen, or a jury
consisting of half Englishmen and half foreigners. He at
once said, " By Englishmen."

It appeared that the prisoner was a kind of tramp, and
was always accompanied by a woman who passed as his wife,
but went by the name of Kitty. They travelled through
and about Dorsetehire, and were well known. The woman
had lived with him for fourteen years. On the evening of the
6th of December they were at Palmer's public-house at West
Clifton, the woman became very much intoxicated, and the
prisoner was anxious to get her away, and took up almost
every person's cup of beer and drank out of it. The man and
the woman cursed each other, and he held up a stick at her
and threatened to beat her. The deceased was also in the
house, and he said to the woman, I am going to Bridport,
and I will see you. The woman said she had lived with the
prisoner fourteen years, but she was not his wife; that he
was jealous of every one, and she would not lire with him
any longer. Some time was consumed in this *ring, and
at last the prisoner left. Soon after the woman went out,
and then the deceased. The prisoner had gone to see some
one, and had not proceeded in the direct road to Bridport;
but he afterwards overtook a man (Roper), and asked if he
had seen a man and woman on.the road. Roper said he had
not seen them, but he could hear their voices at that mo-
ment, and directed the attention of the prisoner to that
circumstance. The prisoner then said, " I've got a stick in
my hand, and if I catch them at something (you know
what), I'll give then a good beating." He litd a good-
sized walking-stick with him. Roper and the pridentrAtep
separated; but in a few minutes Roper heard two perpods
crying " Murder." They appeared to proceed from a elm
and woman He instantly started to the spot whence the
sounds proceeded. He got into a field adjoining the turn-
pike-road, ant looked over the hedge, saying, "Stop, they've
had enough." The prisoner was then beating a man, who
was ea the ground. The man was holding up his arm
.to prevent the blows striking his head. The 1141V1 so striking
was the piisoier, who said, " D—n your eyes, you're net half
a man for me," and then he gave Lim a blow with his fist.
The woman at this time was stags erizzg about the road. curs•
ing and swearing, and was as drunk as mild be. Roper
asked him if the woman was his wile, anti prisoner said she
was, but the woman said, 4 You're a liar; I've been with
you many years. but I'll n..t g- with you again." The pri-
soner had previously told Roper that he had caught them in
the fact. The woman was so drunk that she could riot stand
upright. Roper then went to the man on the grotke,l and
told him to get up, and he would protect hire. The pri-
soner dot up, went into an Adjoining field, and then lay
down in a ditch. The woman went away, and the pri-
soner followed her. Roper went back to the deceased,
and talked to him for ten minutes, and told him he would
catch cold. Deceased said his arm was broken, the man
had beaten him so, and he could have him before his betters
the next day. No one was then in liquor but the woman.
In about an hour and a half after this, a woman, who lived
near Chileott's public-house, which was nearly two miles
from the place where the man was lying in the ditch, heard
a noise outside her door. She went out and heard a groan,
and then she saw it proceeded from a man who was lying in
the mud in the road. A. man of the name of Biddlecomb
came and took the man, who turned out to he the deceased.
by the arm, and begged him to get up, but he did not speak.
The woman procured a candle, and then saw there was a
wound nu the deceased's thee and head. The blood had
dried over the wound. The deceased never spoke. The
woman went to Chilcott's public-house. She afterwards re-
turned to the deceased, and Brossn, the constable, came, and
then some men carefully removed the deceased, and put him
under a garden wall in the road. The witness saw him
about two in the morning, and he was then snoring. Every
one thought he was drunk. The next morning (Sunday),
about six o'clock, the decease d was found where he was
left the night before. He was quite dead. The prisoner had
told several persons that be had caught the deceased
with his wife, and had beaten him well about his head and
ears.

Mr. Tucker, a surgeon, examined the body of the deceased,
and found several superficial bruises. There was a contused
wound on the head, and a coagulation of blood under the
,aura mater as large as an egg. A vessel in the brain had
been ruptured. The injuries might have arisen from blows
or falls. The coagulum pressed upon the brain, and caused
the death, which might not have taken place for many
hours after the blow or fall. The appearances were such as
would be produced by apoplexy. He was in doubt whether
the exposure to cold throughout the night accelerated the
death.
Me. GLADE addressed the jury for the prisoner,
Mr. Justice Eiti.a, in summing up, observed, that they
must be satisfied, before they found the prieconer guilty either
of manslaughter or murder, that the death had arisen from
the injuries inflicted by the prisoner I If they were of opinion
that they were inflicted without provocation, it would be
their duty to say he was guilty of murder ; but if they
were of opinion that the deceased died of the injuries occa-
sioned by the violence of the prisoner, inflicted under
provocation, it would be their duty to find him guilty of
manslaughter onl. There were many species of provoca-
tion, which would reduce an offence from murder to man-
slaughter. If a husband found his wife in the act of adultery,
and in the heat of the moment inflicted a wound which was
fatal, it was recognised by the law that the husband had
acted upon a provocation, which would reduced the fatal act
front murder to manslaughter. He thought, in this cane, the
parties had lived together so long, and been reported as mart
and wife, that there was evidence from which the jury might
infer that they were married persons.
The jury returned a verdict of Guilty of Manslaughter.
Mr. Justice ELLE then proceeded to pass mime*, and
addressing the prisoner said, " You stand convicted of the
crime of manslaughter ; the jury have acquitted you of the
very heavy crime which
this indictment imputed, namely,
the crime of,
that which they have considered
as established,that varies In every degree--it--iti s a crime and
may
be one of the greatest magnitude, just short of murder, or it
may have been committed under circumstances of very great
palliation ; and I consider upon the whole of the evidence
tha fact is
considerestablis that
d
by
which the jury have reduced
thevon did act under circumstances
of extreme and I
provocation, and that great allowance ought to be
tcrtihme4
made for your temper and your violence ;
and I take notice,
that although you were excited to use such violence, you made
use of no dangerous weapon. You used a stick you had with
you, apparently without premeditation ; and I take notice also
that from the blows that were inflicted, in all human proba-
bility, if ordinary care had been taken of the man, no fatal
consequences would have ensued, and I mention these facts
to explain the sentence I am about to pronounce, because it
is of importance that where death takes place, there should
be a solemn inquiry into the cause, and if the death has
arisen from the illegal act of any other person, he should be
matte responsible, but I consider you have strong matters of
palliation. I take notice that you have been in prison from
the early part of December, and 1 think that the public jus-
tice of this country will be sea-fled. if I pees upon You the sentence that you be fined Is., and he imprison d fine
be the
be paid.
Out with hall If by.
Many hands were instantly put
which the Treasury will be enriched, a - "-'
given the uttnest satisfaction.
and the prisoner was
disclhhaerresgeduit
has
We may mention here that many robberies have been committed during the present assizes; the Judge's marshal
has suffered ;
was relieved of
a javelin man when holding his staff of office
upwards of 3/. ; and last night the person
who manages the circuit baggage-van had his pocket picked
of 39/. It is said there are police in this town.

OR FOLK ClRCUlT.—Cambridge, March 17.
The following case, which has excited the greatest pos
sible interest in the University and town at large, was tried
before ➢lr. Baron Parke in the civil court, all the nisi prim
business having been disposed of yesterday by his Lordship.
THE TOWN AND GOWN ROWS.

•
John Freestone, a 'strong and powerful man, about 30,
pleaded not guilty to an indictment Charging him with ps•
eaulting'and beating Arthur Walsh with a staff= on the 7th
of March last, in this town.

Mr. Sergeant Byles And Mr. 01.1Aiiey conducted ti
for the prosecution ; Mr. 44t0111‘i appeared le'
fendant.

Arthur W 41911—1 am the eldest son of c"
On the Tth of March, I went to the B-
De4si file body of gOWOARIOA the-