The Sun.
London, England, 1846-12-10 00:00:00

COURT OF EXCHEQUER, Dec. 9.

GILL V. LORD CURZON.
The LORD CHIEF BARON intimated, that in consequence
of the order obtained during the progress of the
action, from Lord Langdale, by the application of the
defendant for the purpose of taxing the bill of costs of
the plaintiff in the present action, he was not quite
certain biit that the whole of the proceedings which bad
already been taken in this court should have been dis-
pensed with. It was his opinion that the interpretation
to be given to the order of Lord Langdale was that the
question of liability should first be tried, and if decided
against the defendant, then the amount of the verdict
to be regulated according to the taxation.
After a short discussion, it was arranged that the
matter should be referred to Mr. Willis, vpith power to
call to his assistance the services of one of the officers of
the taxing master.

GREAGHTY V. BARNARD.
This was an action to recover a balance alleged to be
due from the defendant for professional, travelling, and
hotel charge;, connected with a survey of three miles
and three-quarters of the South Midlands and South-
ampton Junction Railway, of which defendant was en-
gineer.
It appeared that the plaintiff had been engaged to com-
plete the survey at the rate of 251. per mile, but that
when surveying some land, the property of the Duke of
Buckingham they were ordered off by his Grace. They,
however, were convicted of trespass, and placed in "du-
rance vile" by some officers of the law. A representa-
tion of these circumstances was made by the plaintiff to
the defendant, who informed him that the survey must
be completed, no matter at what cost. Accordingly,
some fifty persons were employed, who, armed with sticks,
made the survey at night. The expense of employing
the additional force formed a considerable item in the ac-
count of the plaintiff.
The LORD CHIEF BARON said it was very clear that
the plaintiff could not recover for any cbarge of that
kind. The hiring of a band of ruffians to commit an
act of trespass could not be sanctioned in any court
of law.
Mr. MARTIN, on the part of the defendant, contended
that the sum of 180 L 165., which had been paid to the
plaintiff, was ample remuneration for the services ren-
dered by him. A contract was entered into at the rate
of 251. per mile, including all expenses.
Witnesses were then called on the part of the defence,
who stated that the custom of the profession was, that
when a contract we.: entered into to survey by the mile,
it included all expenses whatever.
Mr. WHATELEY, in reply, contended that the contract
was to pay 251. a mile and all expenses ; and now the
work was done, it was most unfair to turn round and
saddle the plaintiff with expenses which he incurred at
the express direction of the defendant.
The LORD CHIEF BARON having summed up, the jury
returned a verdict for the plaintiff-7 41. 12s. 7d.

THE COAL TRADE.—The attention of the Govern-
ment having been called to the circumstance of French
vessels clearing out from ports in this country with coals,
ostensibly for France, w hich, in fact, were destined for
Algeria, whereby her Majesty's revenue had been
defrauded of the export duties, the Commissioners
of the Customs have been commanded to instruct
their officers to take bonds, on the shipment of
coals in french vessels, for the due landing of
the coals in France. The collectors at the various
ports will therefore take care that when coals are ship-
ped in French vessels, or in vessels belonging to any
foreign country with which treaties of reciprocity have
been concluded, bond be given in double the amount of
duty pay able on the coals, and that the said bond be ex-
ecuted by a responsible British resident, unless the par-
ties shall be disposed to deposit the amount of duty pay-
able on the exportation of the coals, to be returned on
production of a certificate of the same having been duly
landed at the place fur which they may have been en-
tered.
GAOL - BREA KING .—On Wednesday night, a prisoner
named Maelicrzie made his escape from Elgin gaol in a
very bold mann. r. The door of his cell was left open,
by the (lector's orders, the prisoner having been ill and
vomiting blood. Taking advantage, the prisoner forced
the lock of the passage door with one of the iron hooks
of his hammock, and having taken some fire from the
stove,'broke open a small door leading to the garret.
There the prisoner set fire to the roof, and burned a hole
through which he clambered, and, fixing another hook
of the hammock to the water pipe, swung himself on to
the enclosing wall, thus escaping unobserved. He has
not yet been retaken. He made his escape some time
ago from Forres gaol, and also from Gray's Hospital, to
which'he had been removed from gaol, suffering under
the same complaint.
DISTRESSING ACClDENTS.—Yesterday the follow-
ing accidents occurred, one of which, it is feared,will end
in loss of life:—The first case was that of James Allen,
aged thirty years, a labourer. He was engaged on the
roof of Messrs. Rolls and Co.'s floorcloth manufactory,
in Kennington-lane, Lambeth, when he slipped and fell
about fifty-four feet, to the basement of the building,
where he received the most fearful injuries. He was
conveyed to Guy's Hospital, where he was found to have
sustained a fracture of the right arm, extensive injury to
the chest, fractures of several ribs, and other serious in-
juries. He lies in a precarious state. Another accident
happened to a female named Martha Willis, aged twenty-
nine years, residing at No. 2, Fair-street, Ilorslydovvn.
She was walking along a passage, when she stumbled
over a trapdoor, and fell heavily to the floor, and when
raised up, was found to have received a compound frac-
ture of the left thigh. She was taken to Guy's Hospital,
and is progressing favourably. A third accident took
place to a young woman named Jane Hopkins, of No.
21, Flask-court, Tooley-street, Southwark. She had
been to take her husband's tea, and while crossing the
carriage way in High-street, Borough, she was knocked
down by a cart, the off wheel of which passed over her
legs. She was carried to Guy's Hospital.
SUSPECTED SUICIDE FROM DRUNKENNESS.—Last
evening an inquest was held by Mr. W. Carter, at the
Welsh Trooper, Bankside, Southwark, on the body of
Margaret Donaghue, aged 66 years, lately residing at
No. 11, Pigeon-court, Ray-street, Clerkenwell, who, it
was alleged, had committed suicide by jumping off Black-
friars-bridge. The deceased obtained a scanty liveli•
hood by selling fruit, but for some time past had been
leading a life of drunkenness, pawning and selling every-
thing she possessed. On Satureay morning last she was
seen by her daughter drinking at the White Swan
public-house, in Ray-street, which place she left quite
intoxicated, and nothing more was seen of her until seven
o'clock on Sunday morning last, when a man named
Nevitt, whilst standing on the pier at Blackfriars-bridge,
saw the body of a female floating down ,the river. He
rowed after it, and conveyed the body ashore, but all
efforts to restore life were unavailing. Several duplicates
were found in her pocket, which ultimately led to her
identity. There being no evidence to prove how the de-
ceased came into the water, the jury returned a verdict
of " Found drowned."
CHILD MURDER.—Yesterday Mr. Mills resumed, at
the Bull and Mouth, Ebury-street, Bloomsbury, an in-
quest adjourned from the 25th ult. on the body of a male
infant murdered under the following circumstance
appeared that a bar-maid, named Charlotte j
e Cooper, who
was then enceinte, was married in June
with the pains of labour,
Mit-
chell, who resided at No. 13, Gilbert-street, St. G tles s.
On the 22d ult. she was seized
birth to the infant, which
was subsequently
and on the folloinfogudn
buriedadygaveb
ii:
the
soil of the water.
closet. Mr. Bennett, parochial surgeon, proved that the
child had had a separate existence from its mother, and
that it died from having been suffocated in the water-
closet a few minutes after its birth. In consequence of
the non-attendance of the midwife, who had been sum-
moned, the inquest was a third time adjourned, a war-
rant having been issued for the mother's arrest, and also
for the arrest of the midwife. The latter was issued at
the request of the jury.
THE MURDER OF AN INFANT BY HER FATHER.
—The inquest upon the body of Elizabeth Ann Cam
was resumed at Bristol yesterday. Elizabeth Bird, who
lived in the same house with the Trisoncr, deposed to
various acts of cruelty which had been committed by him
on the child. Some ether evidence to a similar tffeet
having been heard, the jury, after a f. ow minutes' consul-
tation, returned a verdict of" Wilful a turder against John
Cann," and the coroner made out a vvx =ant for his com-
mittal to take his trial at the Gloucest, er assizes.
HOSPITAL FOR CONSUMPTION- AN,') DISEASES OF
THE CHEST, BRO3IPTON.— The number of patients at
present under treatment in this hospital is about sixty;
of out-patients, almost fivefold that number ,receive advice
and medicine. When the eastern wing is completo I there
will be accommodation for in-patients to the num her of
200 and upwards.
DEMISE OF BISHOP SCOTT.—The Right Re' v. Dr.
Scott, Roman Catholic Bishop, died at his reside lice in
Greenock on the 4th inst. Bishop Scott was wellicnown
in Glasgow, where he officiated for a lon x period of
years, and his death will no doubt cast a gloom over a
large circle of friends and admirers, by i whom he was
esteemed for his unostentatious gentlemttate manners, •
and for the zeal he at all times manifested, to; r the spiri-
tual' interest of those of his own persti4;44l4 --PGla99OvJ
Courier