The Sun.
London, England, 1848-04-01 00:00:00

PENNELL V. STETENS.

This action was brought by the assignees of a bank-
rupt, named Burton, to try the question, whether the
defendant, who was one of his creditors, was entitled to
be paid his debt in full upon a judgment he had obtained,
or come in with the other creditors.

Mr. Bovil and Mr. Wood were for the plaintiffs;
Sergeant Shee and Mr. Pearson for the defendant.
The bankrupt, it appeared, was a builder in the Com-
mercial-road, Lambeth, and at .the latter end of last
year his affairs being involved, he was desirous of making
some arrangement with his creditors, and the majority
consented to the proposition made to them, which ap-
peared a perfectly honourable one; the bankrupt offering
to pay all his debts in full, with interest, if time were
allowed. The defendant, who is a bill-broker, and
who held two acceptances of the bankrupt for 370/.,
and a few other of the creditors, refused to accept
the terms offered, and after some negotiation, the
defendant having commenced legal proceedings,
was allowed to take a judgment by consent, upon
the understanding that he was to be paid by cer-
tain instalments. Mr. Burton was unable to make
the payments, upon which the defendant put in his
execution, and the only question now was, whether an
act of bankruptcy had been committed prior to the exe-
cution going in, and whether the defendant had had
notice of it; as, if that were the case, he would not be
entitled to have any preference, but would claim with the
other creditors. Evidence was adduced upon these points
to show that before the execution was sent in, the bank-
rupt had gone out of the premises to avoid being served
with a writ, and that due notice was given to the de-
fendant; and it was also stated incidentally, in the course
of the case, that when the bankrupt had realised his
property, there would be a surplus of 20,0001. remain-
ing after every creditor had been paid in full.
The jury found a verdict for the plaintiff.

MIDLAND ClRCUlT.—Warwick, March 31.
(Before Mr. Justice MAULE.)
Matthew Davies, aged 42, was charged with the mur-
der of his wife, on the 13th of October.

Mr. Wilmore prosecuted; Mr. Miller and Mr. Ma-
cauley defended.
The prisoner lived with his' wife at Birmingham. She
was an industrious hardworking woman, but 'on account
of the brutality of her husband had been forced to take
out articles of the peace against him. He, nevertheless,
continued to ill-treat her, and she had expressed her in-
tention of again applying to the magistrates for protec-
tion. The prisoner tried to dissuade her, but without
effect, and on the day in question he spoke to her again,
after having in vain tried to solicit the good offices of
some relations in his behalf. On the 13th of October
he, and his wife, and another female were in the back
premises; his wife had been peeling potatoes, and was
washing her hands, when the prisoner asked her not to
go before the magistrate, and kept saying, " Will you,
will you?" She replied she could. He then went be-
hind her, and took hold of her head, as if (as one of the
witnesses said) he was going to kiss her, and imme-
diately cut her throat. She staggered forwards a yard
or two, and fell down dead.
There was no denying the fact that death was caused
by the prisoner.
The plea of insanity was set up, but failed, and the
jury having returned a verdict of Guilty,
The Learned JUDGE sentenced him to death, exhort
ing him to pass the few remaining days left him in pe-
nitence and prayer.
The case of the Queen v. Gutteridge is fixed for
Monday, at ten o'clock.
Three special juries, railway cases, are fixed for to-
morrow (Saturday).

OXFORD ClRCUlT.—Gloucester, March 30.
The business of these assizes commenced in both
courts at twelve o'clock to-day, Mr. Justice Patteson
presiding in the Civil Court and Sir C. Cresswell sitting
in the Criminal one. There are about eighty prisoners
fur trial. At Nisi Prius the cause hat
has twenty-two
cases entered, seven of which are for special juries,
and will probably occupy much time in investigating
them.
E. Meek, 18, was indicted for breaking open the
house of Thomas Meek, at West Dean, on the 10th of
a shawl, a bonnet, and
September, and stealing a gown,
other articles. The prosecutor's wile left her house for
a few hours, leaving the door properly secured, her hus-
band having previously gone to his work On her re-
turn, at five o'clock, she found that the d.
foor
orcehadd been
battered by some instrument, and the forced a
appa,
rently by a mattock which lay in the road near. Mrs.
Meek went up stairs and discovered that some person
had taken away the articles named in the indictment.
Suspicion fell on the prisoner, who had been previously
convicted of a similar robbery in the house of Mr. Reece,
and a police.officer went in search of her. About two
miles from West Dean, on the Blakeney-road, he over-
took her, with two largo bundles, containing the stolen
property, which consisted of the wearing-apparel of the
wife of the prosecutor, who is brother of the prisoner.
The jury found her Guilty, but recommended her to
mercy.
A previous conviction at the last assizes, on the 4th
of August, 1847, a month before the commission of the
crime for which she WAS tried to-day, was proved
against her.
She was sentenced to ono year's imprisonment.
The causes at Nisi Prius were devoid of public in-
terest.

--j-14.ivitizon4A/l/LaDrEciths3ooN..)
Irish boy, was indicted
'rre.
NORTHE R .117---CIIICBUerIo
CROWN COURaTge.—d (17,
an
John Markey,
for burglary in the house of Mr. William Imrie, at
Bootle, near this town, on the night of the 28th of
February last.
It was proved that the house was properly secured at
night when the servants went to bed, and on the house-
maid coming down at half-past five o'clock the following
morning she found it bad been entered by the scullery-
window, and from the butler's pantry a quantity of plate
had been stolen ; amongother things silver tea and
dessert spoons, salts, eggeu,Ps, &C. On the following
morning the prisoner ()Orod to pawn an eggcup.
The articles were clearly identified by the prosecutor,
having his crest.
His LORDSHIP summed up, and the jury at once found
the prisoner Guilty. To be transported for seven years.
Thos. Riley, aged 45, was arraigned on an indictment
which charged him that he used a boiler in his business
and generated steam therein in excessive quantities ;
that he employed Robert M. Caldon and others near the
boiler; that on the 11th of February the boiler was in
bad repair and burst, and thereby Robert M. Caldon
was killed. To this indictment the prisoner pleaded
guilty.
It will be remembered that the prisoner was a spindle-
manfacturer at Manchester. Ile had raised himself,
by industry and economy, from the condition of a
working man. On the bursting of the boiler, bricks,
stones, iron bars, and pieces of iron, flew in all
directions—a workshop and smithy at the back of the
prisoner's premises were completely destroyed, in
which were a number of the men. Thirteen wero
killed, two injured, and Only one escaped unhurt.
Such was the force of the explosion that bricks were I
projected near 300 yards. The engine was completely
shattered, the boiler raised up and projected through the
wall of the engine-house to a wall opposite, catching in
its course several poor fellows, and jamming them
against that wall. On examination it was quite evi-
' dent that the defective state of the boiler was the cause
of the accident, a plate the most ex
of the fire being reduced from 3.Bposed to the action
ths to 1-16th of an
inch in thickness, the explosion having commenced by
tearing that plate in the thinnest part. The engine
was a high-pressure engine, which required a much
stronger boiler, and greater care and caution in working
than a condensing or low-pressure engine; yet it was