The Sun.
London, England, 1870-01-25 00:00:00

LAW AND POLICE.

A JITDGE'S FAITII IN A. JURY.—In the Court of gueen'B
Bench on Monday, an application was made for a new trial
of an action arising on a bill of exchange, on the ground
that the defendant, against whom the verdict has
been given, was not properly informed of the
time of the trial, and consequently was not present.
It was urged that if the defendant was allowed an
opportunity of attending a different verdict, would be
obtained, but Mr. Justice Blackburn, before whom the
case had been tried, pointed out that the defendant coul(
have no case, and expressed his conviction that even had
the defendant been there the result would have been the
same. His lordship added, "I would bet any money
if it were proper or decorous to do so, that the jury would
have found for the plaintiff." This remark caused much
laughter in court, the learned judges on the bench
heartily joining in the amusement. The Lord Chief
Justice thought if there had been a real defence, the de-
fendant's attorneys would have known it, and a new trial
was refused.

ALLEGED PERJURY BY A VETERINARY SURGEON.—An
application was made to the Court of Queen's Bench
on Monday, by Mr. H. James, Q.C., for a rule calling on the
justices of the petty sessional district for Malvern,Worces -
tershire, to shew cause why they should not issue a sum-
mons against a gentleman whose name was not mentioned
on a charge of perjury. The application was made on be-
half of Captain Vale, who was some time ago convicted by
the magistrates in question, and fined, for cruelty to a
horse by driving it when suffering from a wound. The
charge was supported chiefly by the evidence of an
eminent veterinary surge on sent down from
London by the Society for the Prevention of
Cruelty to Animals. Against this gentleman,
Captain Vale subsequently endeavoured to obtain a war
rant for perjury, and he applied to the magistrates at
Malvern to issue the same. They declined, however, to
do so, and also to issue a summons; azid the applicant
complained that he had not yet had an opportunity of
being heard in the matter, or of adducing the evidence
of his - witnesses as to the condition of the horse
said to have been ill-treated. He now sought to
compel the Bench to issue a summons in ordtr that he
might have an opportunity of stating his case. A lengthy
argument took place as to whether the magistrates could
be deprived of their discretion. The Lord Chief Justice
and others of the Judges pointed out that serious injury
might be done to respectable persons if magistrates were
obliged to issue warrants or summonses of this nature,
however frivolous the grounds of the demand might be.
Eventually a rule simply to hear and determine was
granted.
THE DAGENHAM DOCKS COMPANY.—Messrs. Lewin and
Co. applied on Monday to the Chief Clerk in Rolls Cham-
bers for the appointment of Mr. Curtis as creditors' repre-
sentative. The Chief Clerk said such an appointment was
always left to the Judge. He adjourned the application
accordingly.
THE DUKE OF NEWCASTLE'S BANICRUPTCY.—JudgMent
Was declared on Monday in the bankruptcy of the Duke of
Newcastle. • The judge decided that by absenting him-
self from this country an act of bankruptcy had been
committed.
SUPPORT OF COUNTY PRISONS BY BOROUGHS.— A
question, as to how far boroughs sending, prisoners to
county gaols were liable to contribute to repair, alteration
or improvement of such prisons, was raised by Mr. Gifford,
Q.C., in the Court of Queen's Bench, on Monday, in skew-
ing cause against a rule for a a mandamus
ordering the Corporation of Wigan to pay
above £liPOO to the Governor of the Gaol at
Kirkdale, near Liverpool. It was contended, in
opposition to this rule, that the alterations and enlarge-
ments made in the prison had not been rendered neces-
sary by any unusually large number of prisoners from
Wigan, and that there fore Wigan should not be charged
with a portion of the expense incurred in making additions
to the gaol, inasmuch as the Legislature only intended the
boroughs to contribute to ordinary, not extraordinary
expenses. The court were of opinion that both justice
and equity required that the rural districts of counties
should not bear alone the expense of enlargements in the
county prisons, made necessary by the reception of borough
prisoners ; but that the boroughs should pay a fair pro-
portion. - The rule was accordingly made absolute.

A LIFE ASSURANCE CASE.—A claim on the General Pro-
vincial Life Insurance Company has been investigated by
Vice-Chancellor Malins. The claim was made by Mr.
Daintree, as executor of his wife, whose life had
been insured with the company for £5,000. Mr.
Daintree employed a Mr. Robinson ,to negotiate with
the company, and one of the questions put in the com-
pany's printed form was, "Have you ever been proposed
to, or declined, by any other office?" To this the
answer was, " Have been, and still am, in corre
spondence with other offices as to the amount
to be insured." The fact, as alleged by the company,
was that Mrs. Daintree's life had been refused by eight
other companies, and under these circumstances the liqui-
dator resisted payment of the claim, in the winding-up of
the company.—The Vice-Chancellor said it was an
extraordinary case, in which it was difficult to
say whether the assurers or the assured were
more blameable. Mrs. Daintree's father and mother
had both, it seemed, died at an early age, and she had lost
a brother and two sisters by consumption. Mr. Daintreo,
whose interest in his wife's property ceased with his life,
wished to insure it for £20,000, and it was not disputed
that eight applications to insurance offices had failed.
The Hercules accepted the insurance with an increased
premium. The present society consisted of only twelve
members, and the whole amount of their sub-
scribed capital in May 1866 was £477. The company,
said the Vice-Chancellor, has been described as a young
and struggling one. He must rather view it as a company
struggling to see how far they could impose upon the
public. His Honour then commented severely on the
conduct of the agent, and ended by saying that Mr.
Daintree'szlaim had failed, the answer of the agent to the
question referred to being intentionally evasive.

THREE LADIES DROWNED IN LOCIILEVEN.—The
Glasgow Herald states that three young ladies were drowned
in Lochleven, near Kinross, on Saturday afternoon, while
enjoying themselves on the ice. The occurrence was ob-
served by a number of persons, but as the ice was very
thin near the spot, all efforts to save the unfortunate
ladies were unsuccessful. The deceased were sisters, the
daughters of Mr. Alexander Steedman,- a merchant of
Kinross. Mr. Steedman's family were five in number, a
son and four daughters, and they were the three eldest
girls who have thus met their death. Two of them were
to have been married shortly.

A NEW VOTING MACHINE.—Some further par-
ticulars are given of the ingenious invention by a
Berlin electrician for saving time in voting in the Lower
Chamber of the Landtag. This instrument exhibits on three
different dials, at the moment the vote is taken:—The votes
in favour of the measure; 2, those opposed to it; 3, the
sum of the favourable and unfavourable votes,
which serves to check or confirm the previous
numbers. Besides this, the instrument indicates on a
slip of paper containing the names of all tho members
how each of them has voted, and by means of an
autographic apparatus any number of copies of this list
may be produced with groat rapidity. Should it be
demanded, the name of each member, and the way in
which ho has voted, can bo made visible by means of
a sort of valve, to every part of the house. The ..mode of
employing this machinel Is the following :--A -sort of
lover, resembling the lengthened hand Of a clock, is placed
beside the seat of each. deputy,.. By means Of key which
every member receives at thel.Snianingpf the 'swain;
the hand can be directed' yea-won," l`Terai noon as the
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