The Sun.
London, England, 1846-03-17 00:00:00

LAW ISTELLIGENCE.
1101/SE OF LORDS, March 16.

The HouSe sat to-day.in a Committee fur PrivilegeF,:Tip
.Peers present were the Lord Chancellor, the Earl ot Shaftt,s
bury, Lord Brougham, L ird Hood; the Earl of Ranfurlv, Lord
Byron, the Earl of Rtdesdale, the Earl of Falmouth, Lord
Colchester, and the Earl of Selkirk. .

CRAWFOKD AND LINDSAY rESAAGI?:.

The further examination of witnesses 'on behalf of the
claimant, to this Peerage, took place this morning, snd occu-
pied their Lordships the At hole day.
Tile further consider tiou of the eto,,, r...t four Q.clock was
adjourned sine

VICE- CHANCE ILO S COURT, . March 1•6.
(iiefure the VICE-CHANCELLOR of ENGLAND.)
DUNCOMBE LEVY.• ,

The proceedings M tl►is case, which were appointed to be
proceeded with to-day, were postponed till to-morrow.

T,ll ATTOR\ICI-GESERAL V. PETERIIOUSE.

This case came before the Court upon the petition of the
Professor of Casuistry in Peterhouse --College, Cambridge,
praying that certain scattered pieces of land belonging to
the Professorship might be sold, and. their produce converted
into -stock for the benefit, of the Profevor. Part of the land,
it appeared, had, been purchased by the Comsnercial Railnay
Company, at sutn of 6001., and it was considered fnr the
benefit of the Professorship that the other. land should be
sold and converted into stock.

Mr. 14;-r1Lsu, appeared fOr the petition, and
The Court made the order as prayed.
TII? ATTORNEY-GENERA[. V. HODGSON.

• This case came before the Court upon a general demurrer
to an information filed by her Majesty's Attorney-General
under the following circumstances. It appeared that as long
ago as the year 1805 a hatter of Little Russell-street, named
Christopher Flattery, by his will, after giving a few legacies
loft the resfclne of his property to his executors in trust, to,
found a charitable receptacle for twenty-seven poor old men
of England and the like number
,of Ireland, on which they
were to be maintained.during the remainder of their lives, the
institution to be under the management of the Roman Ca-
tholic Bishop of Dublin; and the testator further provided
4 that in case it should not be convenient to
form such a receptacle, then the amount was 'to
be given away in charitable . donations. The
executors, one of whom was the late Mr. Th,mas Wright,
tl- e banker,. of Henrietta-street, Covent-garden, renounced
the will, the consequence of which was that administration
was applied for and granted to Miss Mary Flaherty (the
lady, we believe, who sometime since by her will left to Lord
Brougham about 20,0004) The information alleged that
this lady had never applied any part of the property she re-
ceived under the administration to the purposes of the
.charity, but • continued in the enjoyment of it up to her
death, in November, 1841. Upon application to the ex-
ecutors after her death they refused to apply any of the
testator's property to the purposes of the charity, and .the
information. was then filed to which ;the present demurrer
was put_in. . . .

His HoNoun, at the conclusion of the case, gave judgment
allowing the demurrer, considering that the gift of Christo-
pher Flaherty came within the provisions of tke law of
mortmain.

BANKRUPTCY COURT, March 16.
(Before Mr. Commissioner SHEPHERD.)
IN RE ELSTON.

This insolvent, whe carried on business in New Church-
street, L'sson-grove, as a china-dealer, came up for his in-
terim order.

Mr. 13 tictlAxAlt opposed, first, that there was an informality
in the schedule ; next, that he had unfairly parted with his
property ; and thirdly, that he had" vexatiously defended an
action at the suit of the opposing creditor.

It appeared that the insolvent had actually parted with
his property within a day or two of the three months 'linked
by the Act before the insolvency, and that point wa3 at once
admitted by the Learned Commissioner to be fatal to the ap-
plication, although at the same time, he did not.consider
any fraud was intended.

STuncr;oN.aaid that the insolvent:had paid, the oppo-
sing creditor 500/. in- less than five yeats, and the action-had
now been brought fir 31., the plea had :been put in on good
grounds, and had the ease gone to trial no doubt e verdict
would have gone in favour of the insolVent. ' It appeltred
to be a hard case, and should the• Learned 'Commissioner de-
tide on adjourning-the ease, he -trusted protection -would be
giv9iaga ink, Mr, Levy at all events, or the remaining property
would be abs-it bed. under a judgment. aid order under the
Small-Debts Act. The insolvent had been paying off all
his old debts.

.The Learned CsptlussrosEß that _the petition was
evidently wrong, and he thiivt;ire could' not grant the protec-
tion ; but he co,uld come up in three months. •
Mi. BUCHANAN then put in a written examination of the
insolVent fur his. signature.
Mr. STURGEON (to insolvent)—Do not sign IL
• Mr. BUCHANAN-. -Then I apply to your Honour to compel
him tudo -so. , • .

The 'Learned CommisatosEn—You may take an exainina-
tiian writing; hat 'I cannot compel him to eign is—he has
sworn to his schedule.

Mr. STVII.OKON-- I xio not know what use may be .mage
of it, and therefore I object.
The caw was then adjourned for three months.

ASSIZE INTELLIGENCE.
IVO II THE 1? tY CIRCUIT.—York, Ilfarch 13.

CROWN COURT.—( Before-, Mr. Justice CCH,ERTE.)

• _
John Webster and .4aron Shaw were charged with-having,
en the 23d of January, at Sandal Magna, violently,assaulted
Richard Haigh, and robbed him of 20s. and a half-crown.
Mr.,Hall and Mr. Stanhope were counsel fur the prosecu-
tion; the prisoners were undefended.
The prosecutor is a farmer and maltster. residing near
Bretton, and on • Friday, the 23d of January, he attended
Wakefield market.' He left the Little Bull Inn about seven
o'clock, and on reaching a place 'called Striker's-hill, about
five miles• and a quarter from Wakefield, ,-he observed three
men a short distance in advance of- him. On coming
up to the party, his horse was seized, on each side by
two of them, whilst their accomplice endeavoured to
knock hirp draw animal, by inflicting several severe blows
on the back part of his person. The prosecutor successfully
resisted their intentions tbr a short time, and on finding he
had no chance- any longer to encounter them in that posi-
tion, he dismounted. in order that he might better enter
into' the contest. He was immediately surrounded by the
three ' highwaymen who were all armed with thick sticks,
with which -they beat him unmercifully, and eventually
knocked him down. During the struggle a number of stabs
were made at the prosecutor, but none of them were
attended with any serious consequences. Whilst on thee:
ground Mr. Haigh was robbed ,of his money, and at this
juncture two , neighbours came up, one of whom, named
Stephenson, was knoCked down, and his companion, pro-
bably thinking discretion -the better 'pert of valour, ran
away.' Mr. Stephenson pursued the party who had struck
him, and coming up to the prosecutor he found Webster in
castody, of Mr. Haigh ; it then turned out that Webster, after
having knocked Mr. Stephenson down, ran in the direction
of the prosecutor, who instantly secured him. Mr. Haigh
and his friend next took Webster prisoner to the Beaumont
Arms, atßretten, where he acknowledged that he was the
person that had robbed Mr. Haigh, and. produced the whole.
of the money, amongst. which was ,a half-crown which the•
prosecutor had had in his possession for about fourteen years.
On the place where the attack was made being subsegnently
searched a loudest pistol, with a split cap on the nipple, a
knite;'and some-sticks were found ; and on -examining Mr.
Plaigh's great coat upwards of a dozen incisions were thund
;about the back and breast. Shaw WAS also captured the
SAM-i night, ;and, on being taken to the same house where
Webster -was in custody, they affected total ignorance 'of
• each other, . On the next day they wer, remov,d to the
House of Correction at Wakefield,, where it was discoveral
that Webster-had a jacket, having the name " A. Shaw"
marked..on the sleeve lin.ox. It was then admitted Oa;
the in;isoner's had changed their jackets 'on Woolley- Edg-t,
preNliins to. the-robbery, at which ..time they.agreea to rot,
the first pe6on tkey met ou.homback, but not to attack any
one on foot.

The jury found the prisoners Guilty. • .
Iu ordering sentence of death to be recorded agiimt
prisoners; hisLottoslttu observed that they had teen of thews
been convicted of an offence which still, by law, remained
punishable with death. However, in their case, that punish-
ment would probably not be carried into effect, but they
must prepare themselves for the next severe punishment,
that of ,being banished from their native land for the re-
maining period of their lives. The Judge then ordered 51.
to be paid to Mr. Haigh for the valour he displayed in re-
senting the attack upon him.
- Mr. Justice Couctimtai proceeded to.pass sentence upon
prisoners whose cases stood over fur judgment. Amongst
others were the following imprtant cases :—• -
Isaac Martin, who had been found guilty of stealing wear-
ing apparel from his employers, Messrs. Levi, of Sheffield,
was sentenced to 14 years transportation; and John Martin,
a brother of Isaac, cOuvicted .of receiving part of the same
property, received the same sentence. James Taylor, a .ser-
rant of the same firm, who was convicted of . stealing other
articles from his masters, was sentenced ,to 18 months' im-'
prisonment. -
Thomas . Sledding, aged 29, .convicted of having, at
Northowram, made a savage attack upon John Mitchell,
feloniously cutting and wounding him, was sentenced to 15
years' transportation.

•
MIDLAND CIRCUIT.-IVolitinghain, Mardi 13.
CROWN COURT.—(Before Lord Chief Justice TINDAL.)
Joseph Rollinson, aged 84, and William Longdon, aged 18,
were arraigned for the wilful murder of Thomas Soar.
Mr. Wildman appeared for the prosecution; Mr. Macaulay
for Rellinson, and Mr. Wilmore for Longdon.
On the-2'2d August last ReHinson was the engine-man at
the Cinderhill Colliery, in the parish of Nuttall, and Long?
don stoker and occasional Assistant. The latter for the
last three months had been permitted to draW up coals, and
being a very attentive lad he had been allowed for•the last
two months to.draw up the men. It was the engineer's duty
never to let the engine go bn without the signal, which was
given by means of a bell, the handle of which was in the pit.
If the bell rang once while the• engine was still, he was to set
it in motion ; if it were going on, to stop it. These signals
wei &perfectly well understood in the pit, and the•enginemen
had repeatedly. received strict orders to attend to them.
When a man at the bottom put his foot on blie cage he was
to cry " held on,"- which, words were to be repeated by the
man at the:top to the enginenian. This was a sort of warn-
ing to theengineman to be,more than usually particular, and
nobody ought to get upon the cage, on any pretence what-
ever, without shouting those words. On the day in ques-
tion the deceased was employed in pushing off the empty
waggons froM the cage, and from the evidence of Amos
Wardle it was necessary for hini to put his foot on the cage.
Wardle swore also that the deceased had shouted, but that
was denied by a boy named., Smith, who was at work
close by, and the banksman, nry Stair. The bell,
however, was not rung, but the cag' started up.
When it had gone about four or five feet, 'the deceased was
knocked off by the "brow" of the pit, fell against Wardle,
knoCking him backwards, and 'then dropped into a sumpli
of water. lie could not be got out fer nearly a quarter of an
hour, and then he was quite dead—drowned. The pit, is
220 yards deep, and the wire to the bell was naked, and
worked in staples.
The prisoners were Acquitted.
The Learned JUDGE said he thought the verdict a proper
one, but he hoped this investigation would have the effect of
tasking man, whether employed in this or any other pit,
extremely careful. They could not be too particular, nor
the law., too strict.

March 14.
(Before the Lord Chief Justice TINDAL.)
MURDER.— William Horner, a butcher, aged 18, was
placed at tia bar charged With the wilful murder of Mary
Ann Perkins, a prostitute, at the borough of Newark.
The pri.soru•r had been seen in company ,with the deceased
a.shorttime before she was drowned-

• „._
• • The Counsel fur the pri.,oner made a very elaborate speech
in. defence, after which
The JUDGE summed up, and
The jury, without leaving the box, Acquitted the pri-
loner.
This terminated the criminal business in this Court.

(Before Mr. Justice CourstaN.).
• Marlay Bell, alias Maday Barrottylig; aged 16, was in-
dieted .tOr unlawfully and maliciously stabbing William
Hayes, on the 12th.of December last, at Kirkby-in-Ashfield;
wit Iv intent to maim, disfigure, or disable him or to do min,
4110, add Willkl4 AgeOf eo!ne grievous bodily berm,
• •