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

HERLOCIE V. PATCH.

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This case was brought on in Michaelmas term last by a
bill filed by the plaintiff in reference to a will before the
Ecclesiastical Courts, alleging that the plaintiff was the next
of kin to the testator, and that fraud had been used to ob-
tain the will, and praying an injunction to restrain tie de-
fendant from wasting the assets pending the suit in the
Ecclesiastical Courtsi 1 &demurrer and answer were Put in
by the defendant. But the bill having been purged of ini-
pertinent matter without being amended, was left in many
parts unmeaning, which deprived his Honour of the power
to do more than overrule the demurrer , which was overruled
without costs.

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... -
BAIL COURT.-(THIS DAY.)
(Sittings in Banco, before Mr. Justice WlLtsams.) 0.
The cases disposed of in this Court to-day possessed
feature of public interest.

EXCITEQUER.—(THIS DAY.)
(Sittings in Banco.)
11E015 f'
LEEDS AND CARLISLE RAILWAY.—SIR JOHN --
BERESFORD AND OTHERS.
stay Pr°'
Mr. SMITH moved the Court this morning to se, to tbe
ceedings in this action until the plaintiff had deliveredi
defendant a further and better particular of the Doti__LT to
demand. The plaintiff was the eminent engineer, „I,:lathsle
defendants the managing Directors of the Leeds line
Railway, for preparing the necessary surveys of reseot
the plaintiff claimed 12,8551., and had brought the Pwisbed
action to recover that amount. Now the delendants,_ t thef
to know how this amount was made up, in order tu.s.nible
might submit the amount to some competent persun u"
of judging whether it was fair or not.
Mr. Baron ALDERsoN—Had you not better refer the;
at or ce, and save all further expenses? ter, o
Mr. SMITH said they were not in a position to re barotee,
to the particulars of demand being of so general a diffot
and unless the Court were prepared to lay down ahe parir
rule in the case of engineers he was quite sure t"tacieot'
culars which had been delivered in the cause were hisicis
Mr. Baron ALDERSON did not know that thers e
coe
Of
necessity for the Court to lay down a new rule in the hullo,
hulk,
an engineer, because an engineer did his work i in els
and could hardly be expected to make out his bill
ar•
same way as a tradesman.
Mr. SMITH would submit that. the particular c°6dtlietill•
one item of 8,9801., which ought to be given mere en Lielt was for personally examining the country betwee ilt
tb
and Carlisle, making sundry trial sections, laYing
main line, finding surveyors and levellers, meeting s
and Directors, and arranging with them, with taveren
betty ling,M and other exenses.
r. Baron ALDEp
RSON—WeII, how could he deliver a
particular than that ? sof del:
Mr. SMITH replied that surely he couldsay how 01100
he was employed in the surveys, and how Mall 'fa
be employed. • It tog'
Mr. Baron ALDERsoN—Then, in fact, you want hiblow
an account of the number of fields he surveyed, sod
he was surveying them. a tot ri,
Mr. SMITH submitted that the particular allege.,i, 0..;
plaintiff had paid money out of pocket for tavern for
ling expenses, and assistants; surely he must 113 IS'
some account of the money he paid. ,
au
Mr. Baron ALDERSON—You have already haultoserti
granted you at Chambers, calling upon the plain t' atges fp
i o
rate the money paid out of pocket from the beo
the work and labour, and when that is done .11°11 t
possession of sufficient information to enable Y°ll to
what
Mr . the claim is for. •
SMITH apprehended not. Suppose a bulkier -
delivera particular in this general form, For building voi
1, 0004 would that be sufficient ? ,1 wsb
The LORD CHIEF JUSTICE—I think it woutu -
particular. fer°Ltil
Mr. SMITH thought not. But suppose an adorn
deliver his bill thus, To defending an action Ina
that be sufficient? ,t
The LORD CHIEF BARON—An attorney is a dine.i.seotio:c"
son altogether, because his charges are subjected t° to be ott
Mr. SMITH contended that an engineer ought t
,bitt
em red from the general rule, and he submitted 'detsll
Court ought to call upon the plaintiff to deliver a
1' 0
particular of the nature of his clim. fe 13J
Mr. Baron ALDERsos—urely Sayou would not S tie e 0
give you an account of every glass of wine or 'Poi
brandy he used during the completion of the surf_3sl.tioll, f'tpt
is a wide difference between particulars for ints 01:00
particulars for traps. The one gave a correct 1 .ittig
plaintiff's alaim, while the other betrayed the P' Dili
an admission which might be used against him at oefee
The Lam) CHIEF BARON—The Court makes n° or tio
to the general rule bearing upon particulars in fal lifer
gineers, and the Court requires the engineer t°
same description of particular as the shoernaker'ostiorlAji
such a particdlar as will give a correct idea of the. doP/
the claim. Surely if a shoemaker stated that hrtipoartr
was so much for a pair of boots, you would not calf op
to give a detailed account of the coat and prices,,,,°it
rials with which the boots were made. The vu—
to make the order. e

'COMMON PLEAS.— (T.HIS D
esie,
COOKE V. WETHERELL. -
Mr. Sergeant SHER resumed the argurnent in tht
tbt
continuation of his address on Saturday, and agalfr'ioe•Jt
sought for a new trial on the ground of oar tfi
Learned Gentleman, this morning, directed hitnsjeoe. P
affidavits of Catherine Bub, Mary Potter, and k
otiolAo
contending that had it been supposed that the Pstreevet
now made them were necessary on the trial to hate
the defence of Mr. Wetherell, they could easily 000
produced. In answer to what was alleged on thoae ooV.
there was the clear evidence of Mary Hall, the "fra'",
of Dorset- street, and the Russells, which, if viort,,reeOy,
went far to establish the fact of the crintfaa,`,,, eve
charged. The Learned Gentleman here read set J
,1
of these witnesses, in answer to the allegations osT
in the affidavits, and denied with eleseseter
''l
certain imputations cast on the moral oro
Elizabeth Russell, in order to destroy the inaue-14;1140
evidence, the same was also attempted to be done
e 9 ;trek
Revel, Mary Langrage, and several other witnePend
submitted without anything like good cause ;
then had they clearly proved criminal connexioet,„toy
miscarriage of Mrs. Cooke had taken place in COnte! Jo,
the time she was living with her father and sePgive ltfp#
her husband. The Learned Gentleman, at
_,,ttrtti
combatted the imputations set up by the defeilo, toot
the vsracity of these witnesses, and, after
affidavits of the two defendants, who set forth that, get t.t•
charge was a base conspiracy of the plaintiff to iat,rurti•
the load of marriage" on account of disapPonArnejleit'
ing Mrs. Cooke's fortune, concluded by calling on t
gpd
shipi to discharge the application. rt lef4
(The argument had not concluded when our reP°
was expected to last all day.)
0 0
THE MILITIA.—The following are the (i, l 5
o#
' for holding commissions in the militia :—For CA)i°--eto a
a-year landed property, or to be heir appare°loo:4
a-year. For Lieutenant-Colonel, 6001. a year Farr
perty, or to be heir apparent to 1,200/. a-year't t° ,0Y
400/. a-year landed property, or to be heir app . oristi
a-year. For Captain, 2001. a-year landed prop eqi
pre
heir apparent to 4001. a-year. One half of aucinegs• tip
must be in the county to which such regiment be! feao
A CAT BURIED ALIVE.—Last week a hind e!t,pbe
near Wooler, bad occasion to re-cpen a potato Plbeioao;l
his great surprise his lost cat came crawling fr°l/1,
straw, a mere living skeleton! A month had etoitoa"
the pit was opened, at which time poor puss had V'
,satt!,
entered and been covered up.—Tyne MercurP, 1,0051
COST OF CITY PATEMENT.—At the Metre;
last Saturday, Sir Peter Laurie stated that the,tor tb"
of wooden pavement, and subsequent remove' „ti
granite, cost the City of London 40,000/. last yea"teeda)
REDUCTION IN THE PRICE OF BREAD.--Y.ellop
quartern loaf underwent a reduction of one halfee be6,t;
POISON ON TWELFTHCAKES.—An inquest W_Av of ollt
Tuesday lost, at the Town Hall, Derby, on the huwdied Of"
Ellen Woollatt, a girl of four years old, vibe
„toe
eating some of the ornaments from a tvrelfthe' esP;oli
Borough, a sargeon, stated that on a port wortehn if
tion, the symptoms presented were precisely au,f.cl,',
have been produced by carbonate of lead. ii,'"o,oifei*,;
turned a verdict, „The immediate cause of deatThiteip
susception of the bowels, which appears to have raslftbc
deceased eating a portion of the ornaments of a tW-
p
—Dby Rrter.
„ b
THE WANDSWORTH UNION. —At W nno v -rtai
court, yesterday, another batch of fourteen cou-eibu,'ipi.
men and boys, were brought up from the Wan ol°tV
charged with refusing to work and tearing th',fiag
They were sentenced to terms of imprisonment
fourteen days to a month.
WATERMEN'S STEAMERS AND THE NAVIGT.be
sierrex.—During the whole of yesterday, two olifliei
men's steam-boats were stationed alongside then er'g t
pier at Paul's-wharf, to prevent the barges from bet" 40 ,
0
again into the custody of the Water-bailiff: le vio'
RAILWAY STRIKE.-011 Friday last the vo-4001r,fiv
of the Scottish Central line, from Peterhead to '• 00,080
amounting to upwards of 3,000 sturdy labourers
shovels, assembled in front of the office at St"" eel;.00;
they demanded an advance of wages of 35. Pe,r
Robinson, the active and intelligent manager °ld 1'101;
considering the shortness of the day, the rate " to 'A tie
present being 2s. 6d. per day, did not think proper trot:,
with what seemed to be an unreasonable ilemalls;ee. e. r,
was feared that some disturbance might take Pflotote, ro'
precautionary measure was adopted, and thew ,;c, re!'"
now regretting their rash step, and are resolved 'OOO ,
their work. Some of the ringleaders have bee° ero
Stirling Observer. G
LONDON ORPHAN ASYLUM.—Yesterdai, bee
Court of the Governors and subscribers to the
tution was held at the London Tavern, Biali°P;'atOjite*
for receiving the annual report and the election o",,ilit coo;
and eighteen boys from•a list of ninety-0;1,,°,,e,, re P°l,r- "fig Alderman Thompson, M.P., in the chair. The
gratulated the subscribers on as act of incorPer'l-1 rh:4FP,,;
been obtained, and that the institution was
_AP° 'to if :1"
public favour. The life subscriptions amoutnt7,66. 4'„
annual donations, 4,776/. 3s. ; donations, 2541..', been get
gacies, 8111. Is. Bd. The routine business having the' A
eluded, thanks were voted to the Chairman, ILl'''.
ing separated.
" G of
CALAIS, JAN 23.—Mr. Marshall, the Britt ti ter' ti
here for the last twenty-four years, died earrly
~;iii°ty
teilv
morning,after several days' illness. He has left -fee A
a large family to regret his loss. He was much fro'
his situation.
Dereciv ter
The Right Hon. Thomas Erskine, who ,rwe, tbe
his judicial functions some time since, is pasatebor'
in improved health, at his marine villa near Christ

O.
l3srt
BIRTHS. , CIO
On the 16th inst ,at Stutgard, the wife of Chang' ..05, tii°
Esq., of a daughter. IA of
On the 22d inst., at the Vicarage House, East lifti''' E:4''
wife of the
23 Rey. W. Streatfelld, of a daughter.
-,.ceftea' oil
On the d inst., at Plaistow, the lady of Charles ,
oi
a daughter.
the ledi
.„, of
0'
On the 23d inst., at Caledonia-place, Clifton, '
ell"
Cermack, Esq., of a daughter. , the
btu, - 9On the 23d inst., at Eton House, Hayerstock- Joe
Matisse, Esq., of a son. la •
On the 24th inst., at Commerclal-road, Lambeth, '-'6 Dor'
'Wheatley, of a daughter.
of °la,' 00'
On the 24th inst., at Whetstone, Mrs. G. BarY„, ai, of t ~•"
Oa the 24th lest., at Burton-crescent, Mrs. S. De G. P' 41,
t Mrs'
On the 24th inst., in Mecklenburgh-street, ,
..„011, '
worth, of a daughter. lll Sa' On the 24th inst., in Chatham-place, the wife of
of a son

~
a ifo" sllo
Matilda,nsT
.oart secondy
St. Law,3r arCyh,
MARRIED. 4, the Den sr
On the 21st inst., at St. George's Hanover-square: ' of Ale
MlRV:tet:rlutisi
it,,Whtceollo22iramdy,i.,,eese C.
o: fi
late loi
ne
if, ii
ry -::::1D,e 0r_151,04,01,
goinery, Bart.
Mary's
n daughterec,he ou
Church,
If
oct hrh
vbroel" ~ Yel''
Esq., Straw Hall, Carlow, to 51alleF`'
daughter of Mat. Fortescue, Esq., Belvidere, Dublin.
On the 19th of December last, SOrf
DIED.
~,,d wou'in Dori
yoo
Whiteman, Esq., aged 54. at Latante, Gre— a'
h reliiir
rail,
On the 17th inst., at Lambeth, Miss Sarah C-g , poet°,
daughter of the late B. Churchill, Esq. .. Tpolnerooo2
S)n the 19th inst., at Ventnor, Isle of WWl', '".. n •li°
On the 20th inst., at the Vicarage, Guile , ,s, of
Susanna, widow of the Rev. Thomas Sikes. woollh, B rehet
54
Bayswater ""
ve 4
On the 21st inst., at West Melling, Kent, James .., mots,
On the 21st inst., in Porchester-terrace,
nisgrg chey.
the late T, Gregory, Esq.
On the 23d inst., at Tudor Lodge, Brixton, 1 ' nu' 4..10'
On the 22d inst., at Bath, Frances, relict of the ls_te±c-es, the '
, A, of ,
Septimus Wray, Esq M.D.
(Text'
'' Osmond FrY, .`" '
On the 23d inst., the Rev. Thomas
OngCollee, Cambdge. se, 04" ° SS
the 23d inst., Agnes, the wife of Vincent are via°
street, Southwark. ,
_00.01,14
woo'.
On the 23d inst., in Fortress-terrace, he"
Rainfor(lEttsur, Esq. Howl, ee'l zeisse'
On the 24th inst., at'Kensington, Mrs Debora. e
On the 24th inst., James Lynch, Esq., of King s '1

of No'clost
London : Printed and Published by MUNDO Y°Tin-'O4 Lareof
Strand, Printer, at The Sun Office, 'L'e ,
No. 112, S Air,
of the Sava, hi the County Of 8E1C1000034
IAR