The Sun.
London, England, 1846-11-10 00:00:00

LEIGH V. EARL BALCARRAS.

This was a petition praying for certain directions in
reference to trustees, to compel them to carry out the
intentions of a testator. The plaintiff was present tenant
for life on the property of the testator, and there were
two defendants, viz., the Earl of Balcarras and a Mr.
Gaskell, who were the trustees of the estate of Sir R.
Leigh, the testator. Miss Loveday Cook was entitled
to the estate of Sir R. Leigh by his will, which, after
granting certain legacies, &c., gave his personal estate,
chattels, &c., to the aforesaid parties, to be kept in trust
for Miss Cook, and after her demise to be appropriated
to the purposes of other parties afterwards mentioned in
the will.

His HONOUR, having heard the arguments on both
sides, said that he would reserve his judgment.
The new Lord Mayor made the customary visit to this
Court, and invited his Honour to dinner to-day at
Guildhall.

COURT OF QUEEN'S BENCH, Nov. 9.
(Sittings in Banco.)

CONSPIRACY.-THE QUEEN V. OOMPERTZ ♦ND OTHERS.

This was an indictment at the instance of Captain Rose
against Gompertz and three persons of the name
of Witham for conspiracy. The conspiracy con-
sisted in obtaining bills from Captain Rose for a large
amount, for which he was to receive wine warrants and
other valuable documents as security. Although the
bills were obtained, the securities were not forthcoming,
and hence the indictment, and Gumpertz and one of the
Withama (Robert) were found guilty. An applicatimn
was subsequently made to this Court for a rule to show
cause why a new trial should not be had, and also to
arrest judgment in the meantime, to which the Court
acceded.

The case to-day was called on for argument.
Mr. COCKBURN showed cause against the rule, and
why the judgment of the Court below should not be
further arrested, but at once pronounced. He said one
of the grounds on which the rule was obtained was, be-
cause the third and fourth counts did not specify to
whom the bills belonged, which he held was untenable,
inasmuch as the indictment contained a number of
counts, each varying the offence, in most of which
Captain Rose was set forth as the drawer and owner.
Ho cited a number of cases in support of,
and proceeded to deal with, the other objection, namely,
that a number of unstamped documents, which ought to
have been stamped, were admitted in evidence at the
trial. Such documents it appeared, and the Learned
Counsel cited several cases, were admitted in evidence ;
it was frequently necessary to adopt such a course, in
order to promote the ends of justice, which, if wholly
excluded, would be frequently defeated ; besides, if the
objection was to stand, a guilty person might commit a
crime with impunity, by drawing bills and agreements upon
unstamped paper, and, consequently, escape conviction,
on account of the non-admissibility of the instrument.
Inlthis case the unstamped documents consisted of me-
morandums of agreements alleged to have been framed
for the purpose of defrauding Captain Rose, and were
absolutely necessary to establish the case against the
defendant.

Mr. HILL, Q.C., followed, in support of the rule, on
behalf of the defendant Gompertz, and urged that the
mere form of a bill of exchange upon a piece of un-
stamped paper was nothing more than a valueless piece
of paper, and not a bill of exchange at all ; and even if
it were subsequently stamped it would be equally invalid.
He was supported in this view by the words of the Stamp
Act, which rendered an officer punishable if he affixed a
stamp to a document which had been completed before
it was sought to be stamped. Various cases which he
cited favoured this line of argument.
At the conclusion of Mr. Hill's address the Court
rose.
In the course of the afternoon the Lord Mayor, the
Recorder, and Sheriffs, entered the Court, and the Re-
corder invited the judges, in their names, to the banquet
at Guildhall this evening.
Lord DENMAN said some of the judges would attend
the banquet.

COURT OF COMMON PLEAS, Nov. 9.
ALLEDGED INFRINGMENT OF COPYIUIGHT.-FICH V. LE
-- ___

BLON.

Mr. Sergeant TALFOURD moved for a rule to show
cause why the registration of a certain book at Stationers'-
hall, called the " Bible Student's Concordance," should not
be expunged. He made the applicatbin under the 14th
section of the Copyright Amendment Act. The plain-
tiff Pick, was a German, and the defendant was Colonel
Henry Le Blon, of the Royal Chelsea Hospital. A few
years ago the former was desirous of writing the book in
question, but had not the means of doing so at the time.
Being intimate with the defendant, an arrangement was
come to by which the defendant agreed to pay the plaintiff
11. a week while the work was preparing. He also got
some other friends to advance sums of money. When
the book was ready Col. Le Blon became security to
the printer for getting it up. He then registered it in his
name. The plaintiff denied he had ever given him
authority to do so, but only gave him a lien on the edi-
tion for the advances which had been made.—Rule
granted.
Their Lordships, having received an invitation to at-
tend the banquet given by the Lord Mayor to-night at
Guildhall, rose early.

POLICE INTELLIGENCE.
WORSHIP-STREET.

r Mr. Bingham, h
o
James Cattell, a young man of very juvenile appear-
an c e t f
was
theplaced
anii,:negh'salargnedd
with having attempted to stab Mr.llenry Stephens, land-
lord
bar before
Pearson-street,
road, with a clasp knife.
The prosecutor stated that, shortly before eleven
o'clock on the preceding night, the prisoner entered the
house and called for some liquor, but was induced by the
persuasion of his mother and sister, who came in imme-
diately afterwards, to leave the place and accompany
them home without it. This he did very reluctantly,
and ten minutes had scarcely elapsed when he again
hastily
entered the house, followed by another of his sis-
ters, who in an agitated manner requested witness to give
her brother immediately into custody, as he had just be-
fore attempted to murder the young woman who had
previously accompanied him with a large clasp knife he
had they open in his pocket. The prisoner had in the
mean time entered the tap-room, and was seated on a
table, when the witness approached him and seized one
of his arms to get possession of
the knife, but before he
could do so the prisoner suddenly drew out the weapon
and plunged it with such force at his breast, that it
penetrated his coat and waistcoat, but then fortunately
got firmly fixed in one of the buckles of his braces, or he
was satisfied it must have entered his body.
it The pri-
soner wriggled the blade about to release from the
buckle, but before he could do so witness forced him
back against a wall, where they continued struggling
together until a man named Hurlock came to his assist-
ance, and in his efforts to wrest the knife from the pri-
soner snapped the blade off close to the haft, in doing
which three of his fingers were cut to the bone. The
prisoner was then secured and held until the arrival of a
policeman, into whose custody he was given.
The prosecutor's potman fully corroborated his
master's evidence, and added, that the prisoner's conduct
was of such a reckless and outrageous description, that
but for the circumstances referred to the prosecutor's
life would have been in all probability sacrificed.
On being asked if he wished to say anything in answer
to charge, the prisoner said, he should decline offering
any defence at present, and he was ordered to be fully
committed fur trial.

John Duggan, a man of very repulsive appearance,
THAMES.
was brought up before Mr. Broderip, charged with
having
caused the death of a labouring man named
Joseph Gale.
It appeared from the evidence of a woman named Ann
Cooke, who, it was understood, was a
paramour of the
deceased, that they went on Tuesday evening last into
the Seven Stars putilic •house, Rosemary-lane, where the
prisoner acted as potman. Deceased was watching a
party playing at cards, whilst the prisoner was skylarking
with a young girl. Duggan happened accidentally to
tuck deceased upon the eye, when an angry discussion
ensued, and Gale was removed to the tap-room, which
Duggan entered shortly after, when the quarrel was re-
newed, and the deceased gave Duggan a slight slap on