The Sun.
London, England, 1846-11-06 00:00:00

b/STUABANCES IN THE COUNTRY.

CLONMELL, NOVEMBER 3.—1 am just informed that
a carrier in the service of S. Grubb and Sons, while on
his way from Clonmel to his masters' residence, at
Castlegrace, was robbed of 121., on Saturday evening,
after dark. Robberies, I am sorry to say, are becoming
somewhat frequent in this district. A few nights back
the house of Mrs. Cooney, of Clerihan, was entered by
some fellows in search, as alleged, of provisions espe-
cially butter. They broke the trunk of this good wo-
man's son—a very amiable young Catholic clergyman—
but, as be had previously distributed all the money
in his possession to the poor, the thieves were disap-
pointed.
On Saturday evening, about eight o'clock, a fire was
discovered in the corn-haggard of a Mr. Michael Tobin,
of Clerihan, near Clonmel. Three sacks of wheat were
consumed, though the neighbours used all possible ex-
ertions to extinguish the element. The cause of the
burning is yet unknown. Mr. Tobin has, however,
served notice on the high constable of the barony, pre-
paratory to his seeking compensation for the injury done
him at the next assizes.
THE ATTACK ON MRS. FINCH.—The TipprrarynZzis-
dicator says—" We are happy to say that Airs.
perfectly aware that no intention existed to dothheet bodily
injury, and that she has perfectly recovered
tempo-
raryis
sno shock:t in t ethe
countryettacka wmaosrecbaelcnuelvaotleedo
benevolent or
aeffLrdil.entTlandeyre,
and all parties deplore that she should be made the ob-
sxtieowo
sard to, echo ht
eowis
vaga-
bonds most
jfaietthofuf
an
hasn
tyh aabtt etnaeecnilgc ahwbl hooanutgrehvtoeiornd e . pilbenro
Lord-Lieutenant A TTIPT ON
hasTrfE olfrleFrEe d OFa reward T t B.
of Coo
tEr .—Thet
h the
apprehension of the persons who fired at Mr. B. Cooke,
near Thurles, on the 29th ult.
ATTACK. ON THE REV. W. BUNBURY.—The Evening
Mail contains the following:—" On Sunday evening, be-
tween seven and eigh t o'clock, an armed party attacked the
house of the Rev. W. Bunbury, within half a mile of the
town of Charleville. A knock was heard at the hall door,
and when the servant asked • who was there ?' a man
Ile came with a message from Mr. Bunbury's
nephew, who resides in the neighbourhood.' The servant,
suspecting nothing, opened the door, when the fellow
presented a gun at him; he caught at the gun, and
struggled with the ruffian, who not being able to shake
him off, drew a pistol from his breast, and snapped at
him, but missed tire. In the meantime, a second ruffian
came to the assistance of his comrade, and kept the hall
door open, notwithstanding the efforts of the servant to
shut it, and V. one of Mr. Bunbury's sons, who had been

in the (Ira,, ing-room, and hearing the struggle ran to
the aF4sistince of the servant. Mr. Bunbury, his son,
two pephevs, William Sanders, Esq., of. Sanders-park,
nn esteemed nngistrat.., and'Atr. Magrath; of Charleville,
wer-J in the dining room, and hearing the noise and the
screams of Mrs. Bunbury and children, rushed into the
hall. A fellow who was opposite the hall door presented
his gun atMi. Sanders, and snapped it at him. It was a
flint gun, and missed gre. He then ran off; followed by
Mr. Sanders, who, regardless of his own danger, pursued
the ruffian several yards, until one or two fellows, who
were concealed among the shrubs, fired at Mr. Sanders,
who providentially was not killed, and regained the
house in safety, when the fellows went off baffled in
their attack. Soon after Mr. Sanders and Mr. Magrath
wont off to Charleville for the police, who soon came to
the protection of the house, but could not find the
ruffians. In the morning anew cloth cap was discovered
near the house.

" This attack has caused much surprise and indigna-
tion in the country, and certainly could not be made on
the house of a gentleman more respected than Mr. Bun-
bury for his untiring and humane efforts to relieve the
victims of the prevalent distress. Mr. Bunbury is chair-
man, and Mr. Sanders is secretary, to a poor relief so-
ciety, and both had been using the most disinterested
and prudent exertions for some time to procure food and
employment for the poor. Indeed it was on business
connected with the relief society that Mr. Sanders and
Mr. Magrath had on this day come to Mr. Bunbury's
house, and had remained at dinner. The wetness of
the night, under Providence, prevented the loss of life,
as the fire- arms of the ruffians were wet, and missed fire."
TRAGIC AND MELANCHOLY OCCURRENCE.
On Sunday morning, Mr. John O'Grady, of Martins-
town, near kilfinane, took away the life of his wife,
daughter pf Mr. Henry Quinlan, of Ballyneal, near the,
town of Tipperary, to whom he had been married about
six months, and more awful still he subsequently slaugh-
tered the servant-maid. The circumstances are briefly
these :—The servant was attracted by some noise to the
bedroom of her master and mistress, when to her horror
she discovered the latter weltering in her gore from a
fatal stub in the neck. She screamed and ran down
stairs, when she was pursued by Mr. O'Grady into the
stable, where, seizing a pitchfork, he stabbed her in
seyerallarts of the body until he killed her. He then
left the house, and was not seen till yesterday (Monday),
when he was taken into custody by the constabulary. It
is stated by some that he surrendered himself, and by
others that he concealed himself in an outhouse. There
were forty police on the spot to prevent a breach of the
peace, owing to the expectation of a faction from Tippe-
rary, in reference to the property. As a proof of the
determined deliberation with which the deed was com-
mitted, it appears that he previously locked the outside
' of the bedroom of his sister, doubtless to prevent her
giving any assistance or raising an alarm.
This horrible tragedy appears to be shrouded in a
great deal of mystery, and what adds to it is, that a
short time since the whole family were nearly poisoned
by taking arsenic in bread instead of soda. We say it
appears mysterious, for Mr. O'Grady was comfortable,
and had no manner of embarrassment, and was very
much attached to his wife, living on most affectionate
terms with her. He was of a very quiet disposition,
while she was one of the gentlest of her sex—young,
beautiful, and accomplished, and of most engaging
manners. He lately built a fine new house, and pur-
chased an elegant car for her, and everything seemed
calculated to render them happy. Yet there was one
source of unhappiness, and the only one to which the
dreadful occurrence can be traced. It is of a family na-
ture. Before his marriage, himself and his three
brothers had lived together most happily, and attachei
to each other. When the marriage settlements were
being negotiated, some members of his wife's family, it
is said, insisted upon a breaking up of the old arrange-
ment, and that the brothers should no longer live in the
same house with him. He would not consent to this, as
he said, for the finest woman that ever stepped, and the
marriage was delayed for some time, principally, we
believe, on this very account. Finding, however, that
he was firm to his purpose, Miss Quinlan's friends con-
ceded the point, and the marriage took place after
Easter last. Since that period, however,interference
was used by some of the lady's family, which resulted
in his brothers leaving the house; and we have reason
to know that this preyed deeply on his mind, and it is
most probable ended in the temporary insanity under
whose influence he committed the dreadful acts we have
related.

An inquest was held yesterday, but the jury not
agreeing, the result has not yet retched us.—Limerick
Reporter of Tuesday.

THE TRIESTE ROUTE.
We have been requested to give insertion to the fol-
lowing letter:—

" Trieste, October 23, 1846.
" Gentlemen,—We, the undersigned, passengers by
the Austrian Lloyd's steamer Imperatore,' on her first
voyage direct from Alexandria to Trieste, beg to express
our entire and unqualified satisfaction with the arrange-
ments of your company.
" We have found Captain Pallina and the other officers
most polite and attentive, the table abundant and good,
the berths comfortable, and the performance of the vessel
during the voyage (of six days and two hours, including
a stay of eight hours at Corfu) excellent. Every effort
has obviously been made to insure the comfort and even
enjoyment of the passengers.
" We have to add that the facilities offered us by Lieut.
Waghorn for sending home heavy baggage complete all
that was wanting to make this route as convenient as it
is agreeable.
" E. Bardon, purser, Ceylon Civil Service; E. Rey-
hold, minister Church of En land; L. Schiff;
merchant; C. Verdimachi , James S. Willis,
Margaret Habulin, J. R. Barnes, major 95th
Reg.; William Glen, merchant; Hatcher Hares,
lieutenant 62d Regiment, R.L ; G. F. Halst,
A. M. Knight, lieutenant 16th Lancers; Edward
Lyon, L. Moore, captain, retired list.
" To the Austrian Lloyd's Company at Trieste."

RAMSGATE.—The herring season seems at present
to be very profitable—at least if one may judge from the
enormous number of these fish daily brought into the
harbour. They areinow selling at the rate of 40 for ls.
One boat alone, on Friday last, brought in six lasts
(60.000).—Kentish Obse, ver.
THE YOUNG MEN'S CHRISTIAN ASSOCIATION.—The
annual meeting of this society was held yesterday in the
Great Hall of the Freemasons Tavern, and was attended
by a numerous and highly respectable audience. Lord
Robert Grosvenor, M.P., who took the chair, was warmly
received on making his appearance. The proceedings
of the evening were commenced by the performance of
an anthem, followed by an imposing prayer from the
Rev. James Sewell. In the brief address which the
Noble Chairman delivered to the meeting, he congratu-
lated the Association in glowing language upon the pro-
gress it had made in increasing its members, and in ac-
quiring strength from the extension of its influence. His
Lordship concluded by expressing an earnest hope that
in the course of a short time it would exercise as exten-
sive and as beneficial a control over the movements of
the young men of London, as did the excellent society
from which it had sprung—the Metropolitan Drapers'
Early Closing Association. Mr. Tarlton, the secretary,
then read the report, from which it appeared that the
financial affairs of the Young Men's Christian Associa-
tion stood as follow :—Amount of expenditure, 371/.
14s. 10d. ; amount of subscriptions and receipts, 2841.
2s. Odd. ; balance due to the Treasurtr, 87/. 12s. 10d.
The meeting was afterwards addressed by several clergy-
men, by whom a variety of resolutions in accordance
with the objects of the Association were submitted.
IMPORTATION OF PROVISIONS FROM THE UNITED
STATES.—The General Veazie arrived at Liverpool
from New Orleans on Tuesday, with 2,284 barrels of
flour, 2,324 sacks of wheat, and 1,000 kegs of lard.
LORD MAYOR'S DAY.—Yesterday a notice was
issued by the Committee for arranging the proce ssiou
on Lord Mayor's day, that the several streets an tho-
roughfares between London-bridge and Guildhall, viz.,
King-street, Arthur street, Cannon-street, King Wil-
liam-street, Poultry, Cheapside, and London-bridge will
be closed at ten o'clock in the morning of November 9.
Also the streets from Blackfriars-bridge and Te mple-
bar to Guildhall will be closed from two o'clock -in the
afternoon, and that no:cart or carriage of any descrip-
tion whatever will be permitted to remain in any such
streets without producing a ticket to Guildhall. The
state and dress liveries of Sir George Carroll, the Lord
Mayor elect, have been this year executed by Messrs.
Simpson of Finch-lane. The design is gorgeous, but
tasteful and elegant in design and execution, features
seldom seen in matters of this kind. The ground is a
vivid purple, relieved by a bright edging, with a neat
and fanciful scroll in gold.
SUICIDE OF A SURGEON AT OXFORD.—A. me-

lancholy event has occurred at Oxford. T. R. Fisher,
Esq., an eminent surgeon, of that city, dying by his own
hands in the prime of life, and while successfully- prose-
cuting his profession. It appeals that in July last, Mr.
Fisher was in a depressed state, and suffering under sin.
to the Isle of Wight, an
for the benefit of his health. On his return he a_per reared
gular delusions, aid, at tdhesurbesqeugeesetnetficrieL Jackson,
ne u i ,s-svh
iernet,
partially resumed
servant
ts
went to
tsoionhaisl
duties.muc h better,onT
The room was shortly forced open,
and groaning. .
dead, bottle
and Mr. Fisher was found quite a thtt.% had
room, the door of which he found locked, and heat rd his
aaensdday afternoon his sery
contained prussic acid was found empty on the table.
The jiffy returned a verdict of insanity. Dr. J mason
stated that there was no cause for his depression fix. m his
bodily health or circumstances, but he could account for
it only from his having been overworked in the pri ivious
term.
CORN RENTS.—EDMONTON.—Yesterday. a in mting
of the proprietors of land in the parish of Eiim onton,
was held at the Angel Inn, for the purpose of estir °sting
the value of tithes, as dependent upon corr. averages,
since the year 1800. In that year all the 'iands of the
parish were enclosed, subject to an arbitration that was
to take place every twenty-one years, and •by which there
should be an estimate calculated of the 'annual profits of
the corn rents of the land. It appear.ed that there are
2,000 different allotments, and that itr. 1804 the price of
corn per bushel was 6s. 9d., which, ir
n` lade.lB 2 5
T, increasedh e
object .
f
10s. 3d. when the last award was
the meeting was to reduce the Hater ity of the land the
original amount, the late reduced tariff being the test of
the discussion, which, after belt ig prolonged to a very
late hour, the meeting adjourneeae ttsouabjsceeerttain the opinion
of the absentee proprietors on t 1
Ft, I .---V
CE NOTlCEesterday a notice was
posted at General Post,-. office that the Peninsular
st
with the mail a to-morrow, will not touch
at Corrunna, either on the of Award or homeward voyage,
nor iu December, Jannary,, or February next.
TUE GUNPOWDER lirA yr.—Yesterday being the
anniversary of the gunpowder plot, divine service was
performed in most of the ch urches in the City. In many
of the parishes money has b een left for the express pur-
pose of defraying the explernsea of the said service.

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 5.
VANDELEUR V. BLAGRAVE.
The LORD CHANCELLOR, at the conclusion of the ar-
guments, postponed giving judgment.
The Court did not rise till a quarter past four o'clock.

VICE-CHANCERY COURT, Nov. 5.
(Before the VICE-CHANCELLOR of ENGLAND).
FEAR V. SUTTON.
His HONOUR, at the conclusion of the arguments, gave
judgment, confirming the Master's report, approving of
the sale that had taken place, removing the next friend,
and ordering the costa to be costs in the cause.
ER PARTE 'FHB CROYDON AND EPSOM RAILWAY COMPANY.
Mr. ROGERS stated that this case came before the
Court upon the petition of the Croydoi? and Epsom Rail-
way Company, flow the London, Brighton, and South
Coast Railway Company, praying that the sum of 100/.,
part of a sum paid into Court under the Railway Act,
should be paid out to the petitioners. William Lit-
tlewood, who has property in the neighbourhood
of Thornton-heath, near Croydon, part of which was
required for the purpose of the railway company some-
time since filed his bill, and obtained an injunction re-
straining the petitioners from working upon his land
until the value of it had been ascertained. The peti-
tioners, in order to stop all proceedings and put an end
to litigation, paid into Court the sum of 5401. to secure
all costs and expenses that had been incurred on the
suits; the bill of costs of the solicitor of Mr. Littlewood
had been taxed at a smaller sum than had been paid in
by the petitioners, and the balance remaining in Court
was the sum now asked to be paid out.
Mr. STUART, on behalf of Mr. Littlewood, objected to
the prayer of the petition being granted, on the ground
that there was a further claim against the petitioners of
upwards of 30/.
Mr. ROGERS, for the petitioners, contended that all
costs required by the Act of Parliament had been paid
by the petitioners, and that they were not entitled to the
further costs.
His HONOUR directed a reference to the Master to
inquire what costs, if any, remained untaxed or unpaid.

GRACE V. WEBB.
This case came before the Court on the petition of a
lady named Capell, praying for a reference back
to the Master, ordering him to review his report
by which ho found that the petitioner, under the circum-
stances, was entitled only to an annuity of 201. instead
of 40/. It appeared that the testator in the cause, a
gentleman of the name of Webb, lived and cohabited
many years ago with the petitioner, and had two natural
children by her. In 1802, in consideration of her agree-
ing to separate from him, the testator executed a deed,
by which he gave her an annuity of 401. That deed
contained a proviso that in case the petitioner married
the annuity should be reduced to 20/. The petitioner
before the death of the testator married ; and the ques-
tion was, whether a gift restraining marriage was not
against the policy of the law, and therefore void ; and
whether such being the case, the petitioner was not en-
titled to an annuity of 40/. It appeared that the deed
executed by the testator was confirmed by his will, which
was made after the petitioner had married. The peti-
tioner, in ignorance of her rights, as it was said in her
behalf, had agreed to accept an annuity of 201,
but upon being advised that she was entitled
to an annuity of 40/., she took proceedings in the cause
which had been filed to administer the testator's estate,
to obtain the armuity of 401. A reference was made to
the Master upon the subject, who decided that the peti-
tioner was only entitled to an annuity of 20/., and that
report, it was sought by the present petitioner, the
Master should be ordered to review.
Mr. Bethell and a gentleman behind the bar appeared
for the petitioner ; Mr. Stuart represented the children ;
and Mr. Montagu opposed the application.
The arguments not Laying concluded at half-past
thr,e o'clock, at which hour the Court rose, the case was
ordered to be proceeded with to-morrow.
(Before Sir J. K. BRUCE.)
SOWERI3Y v THE PONTOP RAILWAY CO3IPANY.
His HONOUR said he considered the plaintiff was en-
titled to claim the specific performance of the contract,
and would make a decree accordingly.
The Court rose at the usual hour.

COURT OF QUEEN'S BENCH, Nov. 5.
(Sittings in Banco.)
LOCKWOOD V. WOOD.

This cas' was tried before Mr. Justice Wightman at
York, when a verdict was found for the defendant. It
was an action in debt for staliage at the fair held in the
manor of• Easiagwold, and from which the inhabitants
claimed, by immemorial custom, to be exempted.
Mr. WATSON now moved for a rule to show cause why
a verdict should not be entered for the plaintiff, and a
new trial granted. The Learned Counsel went into a
lengthened argument to show that there was no evidence
of-an immemorial custom to erect stalls at the fair free
of charge. lie also contended that such a custom could
not exist.
The COURT took time to consider their judgment.
BUSH V. WEISS. —NOTTIN'OIIAM AND PETERBOROUGH
JUNCTION RAILWAY.

This case was tried before Mr. Justice Coleridge at
the last Exeter assizes, when a verdict was found for the
plaintiff for 1001.
Mr. WHITPRITREIT applied for a rule to show cause
why the verdict in this case should not he set
aside and entered ter the defendant. The action was
brought by Mr. Bush against Mr. Weiss, one of the ma-
naging directors of the Nottingham and Peterborough
junction Railway, for preparing the traffic tables of the
company. The agreement upon which the action was
founded was made between the sub-conunitttee,
of which the defendant was one, and the plaintiff, and set
forth that the plaintiff should for the sum of 500/. per-
form the work to the satisfaction of the sub and general
committee, and in addition adduce sufficient evidence
before the House of Commons in support of
the traffic. During the progress of the work
he received the sum of fpur hundred pounds, and
it was agreed that on its completion the remaining
1001. should be paid. The traffic tables were accord-
ingly prepared; and on the plaintiff applying to the
secretary of the company for the balance, he received
an answer on the same day t) the effect that a meeting
of the shareholders would be convened to decide on the
abandonment of the project, and that as soon as the
accounts were settled a cheque should be drawn to dis-
charge the amount. Now the Learned Counsel sub-
mitted that the secretary had no right to bind the
committee by such an admission, and that evi-
dence should have been brought to show that he
did so by the authority of the directors. It was im-
possible for the secretary to say whether the tables
in question were correct or not. There was no evidence
at the trial to show that such tables were approved of
according to the agreement by the members of the com-
mittee ; and the Learned Judge merely left it for the
jury to say whether the work had been properly performed.
Now he (Mr. Whitehurst) contended that the~ traffic
tables were not completed at all, and that the plaintiff
had not employed one-half the number of persons that
he ought to have done. And he submitted, that if the
company had gone before Parliament the tables would
have been perfectly useless, in consequence of the fre-
quent mistakes which occurred in them. On these
grounds the plaintiff considered he was entitled to a new
trial.

Lord DENMAN considered that no improper evidence
was admitted, and that there was no misdirection on the
part of the Learned Judge who tried the case. He
would suggest, however, that the dispute between
the parties should be referred to two parties.
Mr. Justice Coleridge would look over his
notes of the trial, in order to see if there was
any ground for granting the application of the Learned.
Counsel, and the Court would, therefore, defer its deci-
sion until this was done.
THE ST EAM-SIIIP SEA-HORSE.—BOYD V. THE ROYAL
EXCHANGE INSURANCE COMPANY.

This case was tried at the last sittings at Guildhall, be-
fore Lord Denman, when a verdict was returned for the
defendants. The action was brought to recover 22,5001.,
which had been secured on the ship and her machinery,
by a policy of insurance entered into between the pro-
prietors of the ship and the insurance office. She
plyed between Launceston, Port Philip, Sidney and
Hobart Town, carrying large quantities of goods,
one voyage and colonial goods on her return. On the
.4th of June, 1843, she left the port of Launceston,
-which is situated on the river Tamur, she anchored in
Et-lanes Bay, and next day, the tide ebbing, her anchor
was raised, in order that she might proceed on her
journey to Sidney, but owing to the extreme force of the
tide, she was driven upon some rocks at the mouth of the
river and stranded. She so much strained, that her back
was broken ; but by great exertions and care, she
was floated to Sidney, where she arrived on
the 12th of June. An inspection and survey
was made, when it was found she was not worth repair-
in* The pleas of the defendants denied their liability
under the circumstances.

Mr. Sergeant SHEE now moved for a rule to show
ettuse why therverdict should not be set aside, and a
stow trial had, on the ground of improper admission of
evidence, misdirpction, and because the verdict was
against the evidence. The improper admission of evi-
dence, he urged, consisted in receiving evidence from the
Port-master, Moriarty, of Sidnethaty, to the eifect that, by
the " log," it appeared the pump! were
hearsay evidence
kept at work, which was c.learlY
the exclusion of evidence, which would haveshown that
the ship could not have been repaired at Sidney on ac-
count of the absence of a " patent s.lip," and the misdi-
rection consisted in the Learned Judge assuming from
the evidence that she was a total loss ; arid that if there
were no means of removing her to a place where she
could have been repaired, that she was also a totlal loss.
The COURT granted a rule on the evidence stated to
have been rejected, and on the misdirection.

BAIL COURT, Nov. 5.
(sittings in Banco, before Mr. Justice PATTESoNT.)

GREVILLE V. STULTZ AND OTHERS.

This' was an action brought on a writ of error to re-
verse a:udgment of outlawry, on the ground that the
plaintiff was beyond the seas and abroad in foreign
Parts_ at Os ‘e time of the issuing of the writ.
Mr. Hal mt.; Q
C ,
stated to the jury that it was the
first instan A in' b..-experience in which such an action
had been he'rqraghtt. 'btie pint which they would have
to try would ,
whetly,r the plaintiff, Robert
Fulke Grevillk WaYs beyond,ia the seas and in foreign
parts on the sth of June Messrs. Stultz, the tailors,
were formerly th e plaintiffs thirs instance. The writ,
which was the preliminary
to out-
lawry, was avn ry old one. Freeding
that writ to be of any value, it was abi;-,lutel essential that
the party against w horn it was i2stiedYshoutitLd he in Eng-
land at the time, or the procedings to o
of
no avail. In the ev !exit of the person not outlawry
iweEre
land the proceeding ;'s would be set aside upon-anwen'-
error. It was on I uch a proceeding that the present
action was founded. . The Learned Counsel was then
proceeding to put int the report of a commission ap-
pointed to examine two witnesses in France, under the
authority °lithe Lord chief Baron, when

Mr. BAsToW (for the defendants), took several tech-
nical objections to the commission.
After some considerable discussion, the case was per-
mitted to proceed, and
The Clerk read the examination of Adelaide Vanden-
hewn and another, which proved that t, e plaintiff had
resided in France for a period extending considerably
before and after the 4th of June, 1845.
Mr. John Bevan dated, that he was in Paris during
the montl! of June, 1845, and during that time he saw
Mr. Greville frequently. He was never more than three
days witheut seeing him. Is acquainted with his hand-
writing, and the letter produced, with the Paris post-
mark on it, is in the handwriting of Col. Greville.
Mr. William Bevan, a partner in the firm of Bevan
and Anderson, stated that they were attorneys for the
plaintiff. The plaintiff had not been in England for
some time. Witness received the letter produced in due
course of post. It is in the handwriting of the plain-
tiff. The other letters produced were also received in
a similar manner.
The three-letters were then shown. One was dated
the 29th of May, the second the 2d of June, and the
third the sth of June.

This was the plaintiff 's case.
Mr. BASTOW having addressed the Court on a tech-
nical point, the jury returned a verdict.for the plaintiff.

COURT OF EXCHEQUER, Nov. 5.

:Sittings at Nisi Prius, before Mr. Baron PLATT and
Common Juries.)
WHITE V. HARDING.

This action, which was heard in part yesterday, was
brought for the purpose of recovering compensation in,
damages for a series of assaults alleged to have been
committed upon the plaintiff, partly by the defendant
himself and partly at his instigation.
Mr. Montagu Chambers and Mr. Charnock appeared
for the plaintiff ; Mr. Knowles and Mr. Corrie for the
defendant. •
From the opening statement of Mr. CHAMBERS, it ap-
peared the plaintiff was what was termed " a process
server," and was employed by several attorneys for that
purpose, and among others by Mr. Greaves, the attorney
who was engaged in the present action, and who had
thought it necessary for the defence of his servant to
take the steps he had done upon the present occasion.
The plaintiff, in the exercise of his " professional
duties," was ealled upon to serve a writ upon a person
of the name of Etwall, for the sum of 31. 10s.
The defendant was a person of considerable property,
being possessed of upwards of two hundred houses, and
employing a large number of hands in brick-making, in
the neighbourhood of Fulham, and Etwall was foreman
or managing man to the defendant at the time plaintiff
succeeded in serving him with the process. Upon the 3d
of June, a few days after the service of the writ, as
plaintiff was passing by the Crown public-house, in
Fulham, he was called in by the defendant, who
was standing at the bar drinking some brandy and
water, and while the plaintiff was drinking some beer
defendant rinsed his mouth with some of the brandy and
water of which he had been drinking and squirted it in
the face of plaintiff ; not satisfied with a single per-
formance of this kind he rinsed his mouth again, and
again repeated the offensive conduct ; he then held up
his fist to plaintiff's face, and said, "If it was not for
the law I would teach you to serve writs upon my men."
On the 10th of June following he was again in the Crown
public-house, defendant was in the house also, and two
navigators subsequently entered. Defendant said he
would treat them with some beer if they would go and,
what he called, " tar" the plaintiff. Accordingly they
proceeded to the tap-room, where plaintiff was sitting
in what was called " the lawyers' chambers," a portion
of the " settle" which long usage had set apart as the
domicile of the plaintiff, and to the possession of which
he had obtained, if not an actual, at least-a prescriptive.
right. Whatever might be the modus operandi of
" tarring," the Court was not told, but immediately upon
the entrance of the " navies" into the " chambers" of the
plaintiff, they at once commenced " bonneting him,'
an operation which was performed by knocking the hat
of the plaintiff over his face, which, although it might be
considered as a source of " fun " to the defendant and
other spectators, was not altogether a matter of fun to
the individual who was operated upon. Not content
with the punishment already administered to the plain-
tiff, defendant said to the " navies," "I will give you some
more beer if you will go and buy a candle and shove it
down that man's throat." A candle, or a rushlight, as
it appeared in evidence, was accordingly obtained from
a neighbouring shop, and one of these powerful " navies"
proceeded to hold the plaintiff, while the other endea
voured to force the rushlight down his throat. Other trials
yet awaited the unfortunate plaintiff, for as he was about
leaving the house a chaise cart was standing at the door,
in which was a buttock's pluck, which had been pur-
chased by the owner of the cart as " food for his spaniels."
This treasure was forthwith seized by defendant, and
with it he proceeded himself to belabour most unmerci-
fully the luckless plaintiff. The Learned Counsel con-
cluded by stating that the present was not an ordinary
case of assault, but a most unjustifiable and a most unbe-
coming one, and hoped that the jury would, after having
heard the evidence he was about to offer, award such
damages to the plaintiff as should operate a's an example
hereafter, to prevent persons in the situation of the de-
fendant from assaulting any of that class of persons to
which the plaintiff belonged, and who, though humble
functionaries of the law, were always entitled to receive
the fullest protection in the discharge of their onerous
and indispen4able duties.
Several witnesses were then called, who deposed to
the facts as stated by the Learned Counsel, several of
whom appeared to entertain considerable ill-feeling to-
wards the defendant.
Mr. KNOWLES, for the defence, said that he was sorry
that he should have to trouble the jury with evidence
upon this case, but it was necessary for him to do so, in
order to show that the treatment was not of so serious
a nature as had been described by his Learned Friend.
And, further to show that the case was neither more nor
less than the result of a foul conspiracy between some of
the witnesses, who were publicans, and who enter-
tained feelings of jealousy and hostility to the defendant,
because, among the number of houses which he had
built, one of them was a public-house, for which he had
obtained a license, and the men in his employ, amount-
ing to a very considerable number, were in the habit of
resorting there, and not to the houses kept by the wit-
nesses,
as they formerly did.
A number of witnesses were called, chiefly con-
sisting of men in the employ of the defendant, who
stated that the plaintiff was in the constant habit
of getting drunk, in consequence of the exercise
of the privilege which he enjoyed as occupant of
" ;the lawyer's chambers," which consisted in his
taking " toll" of all the liquor brought into the tap-
room, and that the treatment complained of was nothing
more than he was in the constant habit of receiving
from the labourers who used the Crown public- house,
as a return for the constant levy thus exacted from
them by:the plaintiff ; and some of them even stated
that the plaintiff had requested them to put the candle
in his mouth.

Mr. M. CHAMBERS replied.
Mr. Baron PLATT summed up.
The jury, after consulting a short time, returned a
♦erdict for the plaintiff—Damages, 501.
(Sittings in Banco.)
KNIGHT V. BARBER.

In this case, whieh was tried at Liverpool, before Mr.
Justice Cresswell, the plaintiff sought to recover a sum
of money which he had lost is consequence of the re-
fusal of the defendant to accept certain shares in the
Huddersfield, Halifax, and Bradford Railway, which he
had purchased for defendant, and which were subse-
quently sold, whereby the plaintiff was put to loss. The
result of the trial was, that the plaintiff was nonsuited
upon the ground that a certain document was put in on
the part of the plaintiff, purporting to be an agreement
between the parties. It appeared that the defendant had
given an order to the plaintiff to purchase fifty shares in
the above railway at 101. each. In the afternoon of the
same day defendant signed a memorandum to that effect.
This written agreement was put in at the trial on the
part of the plaintiff, and when so put in the Learned
Judge who tried the case was of opinion that the docu-
ment should be treated as the contract between the par-
ties, and it was therefore necessary that it should be
stamped; no stamp being upon the agreement, the plain-
tiff's case, consequently, failed.
Mr. BAINES now moved for a rule to show cause why
the verdict should not be set aside, and a new trial had
upon three grounds—first, that the contract did not re-
quire a stamp, inasmuch as it was an agreement for the
sale of an article which he contended came under the
head of merchandise, which, with goods and wares, were
specially excepted from the operation of the Stamp Act;
secondly, that the document did not require to be
stamped, because it was not the agreement between the
parties, the contract having been a parole contract, made
in the morning of the day upon which the document was
signed by defendant in the evening ; thirdly, that the
document in question was not a contract, but a mere
memorandum, and, as such, did not require to be stamped,
and that, therefore, the Learned Judge was wrong in
treating the case in the manner he had done.
The LORD CIIIEF BARON considered that no rule
should be granted in this case. It was his opinion that
the written agreement formed the contract between the
parties, and whatever parole agreement might have been
made, still as soon as the terms were reduced to writing,
then the written agreement was to be considered as
binding, and not the parole, because if any difference
had arisen as to the performance of the contract, the
written contract would be that to which beth parties
would appeal. The Learned Baron also stated that
it was his opinion that the document in question
should have been stamped, because it was impossible to
suppose that scrip could be considered as merchandise.
The sale of scrip was nothing more than an agreement
to part with such interest as the party might hold in it,
in consequence of some agreement made between himself
and some company or companies; it could not, there-
lore, be goods or merchandise, and not coining under
the exception contained in the Stamps Act, ought, there
fore, to have been stamped.
,ilf.r. Baron PARKE was.of the same opinion.
Rule refused.

COURT OF COMMON PLEAS, Nov. 5.
(Sittings in Banco.)

BARER V. BLA.RRITT.-STOCK EXCHANGE PROCEEDINGS.

Mr. Wu rrEfivits-r, Q.C., moved fur a rule to set aside
a verdict given for the plaintiff in this case for
1,031/. Os. 6d., and for a new trial in an action tried
last sittings, after term, at the Guildhall, before Mr.
Justice Erie, and on the grounds of the improper recep-
tion of evidence ' • and also that the verdict was against
evidence ; also he moved to show cause why the da-
mages should not be reduced to 9621. 10s. The action was
brought by Mr. Baker, a sharebroker, against Mr.
Blarkitt, a gentleman residing at Gainsborongh, for the
purchase-money of 550 East India Railway Shares. The
price of each share was laid at 1L 155., with 2s. Gd. per
share for brokerage and allowing the account to stand
over till the next settlement day. 2621. 10i. was the nett
price of the shares. The Learned Gentleman went into
ao
rvd t
variety
ethiooutgha
details,pertsoon named Stark, show that
sthtaed: whofend negotiatedantga
gave the

with Baker, and that he had expressed his willingness to I
settle with Stark, who owed him a considerable balance,
but refused to recognise Baker ; also to show that seve-
ral points of evidence against the defendant had been ad-
mitted by the Learned Judge, which ought to have been
rejected. The defendant likewise denied that any such
company as the East India Railway Company was recog-
nised by the statutes relating to joint•stook companies.
The main point at issue was whether the company was
in legal existence before the Ist of November, 1844,
when the Joint Stock Companies' Act came into,opera
tion, and in a position to issue shares, such as to admit
the fulfilment of any arrangement that might have been
come to in regard to purchasing for the defendant. The
Learned Judge left this point to the jury, and they gave
a verdict in the affirmative; though be (Mr. Whitehurst)
submitted that it was a legal point which ought to have
been decided by the judge.—Rule granted.

ELDERTON V. EMINGS-CHURCH OP ENGLAND LIFE AS.

SURANCE COMPANY.

Mr. Sergeant BYLES moved for a rale to show
cause why the verdict given in this case for the
plaintiff, for 1,000/., should not be entered on the
first count for the defendant, or why a new trial should
not be granted, or the verdict arrested by a venire de
novo ; also, because the verdict was against evidence.
This action was brought by Mr. Elderton, a solicitor,
against the Church of England Life and Loan As-
surance, Trust, and Annuity Company. It was for
breach of contract, in discharging the plaintiff from
being the solicitor of the company, he having been, it
was alleged, appointed permanent solicitor, at 1001.
a-year. He received verdict on the first count for
8001.; on the second, 2001. The defence set up was
neglect of duty, as solicitor of the company. The
Learned Gentleman went at length into the particulars
to show that the removal was justifiable, and that the
plaintiff had received all the remuneration he could
fairly demand.—Rule granted.

COURT OF EXCISE , Nov.. .

(Before H. F. STEVENSON, Esq., J.C. HERRIES, Esq.,
- and CHARLES Ross, Esq.)
John King, a licensed soap manufacturer, of Kings-
land-road, was charged, on an information containing
four counts, with having in his possession a false and
deceptive fastening to the copper used in the manufac-
ture of soap; that he did use such deceptive fastening ;
that he gained access to- the copper after being fastened
down by the officers of Excise; and that he did wilfully
and knowingly' commit a fraud upon her Majesty's re-
venue thereby. The charges upon the whole of the
counts involved penalties to the amount of twelve hun-
dred pounds.
The Court was crowded to excess long before the hour
of commencing business.
In order properly to understand the nature of the
case, it will be necessary to state that in soap manufac-
tories, when any suspension of business takes place for
the night, or any longer period, the surveying officer
closes the cover of the copper, locks it down, and places
a paper notice within the lock, which cannot again be
opened without the paper being punctured for the ad-
mission of a key, thereby showing the officer whether
the lock has been opened in his absence. The charge in
the present case was, that the bar which passes over the
top of the copper, through which bolts were passed,
uniting it to the wood by screws or nuts underneath, had
been tampered with, and that, although apparently
locked down, yet, by lifting the lid from behind, there
was in reality no fastening whatever.
The Excise officers having given evidence in support
of the charge,
Mr. STAMMERS addressed the Court on behalf of the
defendant.

After which, the Court retired to consider their judg•
went.

After an absence of about an hour they returned into
Court, when

The CHAIRMAN, addressing the defendant, said—We
have given a most patient and attentive consideration to
your case, and also to the able address of your counsel,
and we can come to no other decision than guilty gene-
rally on the whole of the counts of the information. I
shall say no more at present, but if you think fit you may
petition the Board upon the subject.
The result of this decision gives the whole penalty of
1,2004

POLICE INTELLIGENCE.
MANSION-HOUSE.

A young man, named Edward Denham, was brought
before the Lord Mayor, charged with having stolen a
watch, the property of Mrs. Sinderby and Co., of Bull
and Mouth street. The prisoner, who is respectably
connected, was committed in the mayoralty of Alderman
Gibbs, for having used threats to his uncle, who had
been long supplying him with money. At that time he
was a person of most dissipated habits. The present
charge was attended with an odd circumstance.
As Thomas Balcher, city policeman 618, was in
Bishopsgate-street on Monday evening, at half-past six
o'clock, he saw the prisoner, who was very drunk,
and he staggered up against him, muttering at the
same time, " Oh, ha, this is all through that
blawsted watch." The policeman, whose ears were
open to what he considered to be the language
of self accusation, said to the prisoner, " What watch ?"
" What watch !" replied the prisoner, " haven't you heard
of the watch that was taken near the Blue Coat School?"
" You don't mean that you stole that watch ?" said the
policeman. " Don't I though," cried the prisoner ; " I
had it, and no mistake, about the 15th of October, and
I pawned it at C'tton's, in the Hackney road, near
Shoreditch." " You did?" said the ,policeman. " Ay,
and more than that," said the prisoner. "I'm blest if I
didn't sell the duplicate for a shilling."
The LORD MAYott—:llave you ascertained whether
the prisoner betrayed himself in his cups? The police-
man replied that there was no doubt upon the subject.
lie had found that a robbery of the kind had taken
place, that the watch had been pawned, and that it had
since been redeemed.

Miss Sarah Sinderby stated that she carried on the
business of watchmaker, silversmith, and jeweller, in
partnership with her mother, at No. 18, Bull and Mouth-
street ; that between two and three o'clock in the after-
noon of Thursday, the 15th of October, the prisoner
walked into the shop, pointed out a watch in the win-
dow, and requested to look at it. After having looked
at it, he asked to see another, and then turning his at-
tention to the first, he suddenly started with it out of the
shop and disappeared. It was a hunting watch, and
worth 41. 103.

The Lonn MAYOR—Are you sure that this is the
man? The witness—l have not the least doubt of it.

It was stated that the young lady immediately upon
casting her eyes upon the prisoner, identified him as the
thief.

The prisoner--I was driven to it by distress, and I
am sorry for it.
. _

Conaniitted for trial.

The LORD MAYOR Elect mentioned, in the course of
the day, that a paragraph had gone the rounds of the
newspapers, stating that it was his determination to
commence business at the justice-room every day at ten
o'clock. He had, he begged it to be distinctly under-
stood, determined, for the accommodation of the
public, not to commence business until twelve o'clock,
except upon Saturdays, on which days he should com-
mence investigating into hackney carriage complaints at
ten o'clock, so that he might be prepared to go into the
general business of the Court at twelve o'clock. He had
made that arrangement under the impression that it
would give satisfaction to the merchants and traders in
the city of London.