The Sun.
London, England, 1846-10-05 00:00:00

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, October 3..
MOSS V. SMITH.

This was a summons under the Small Debts' Act to
enforce a judgment obtained in one of the superior
Courts for W. 17s. 6d. and costs. The plaintiff was
leader or conductor of band at the Kensington
Theatre, and the defendant was the manager at the
time the debt was contracted.
On the case being called on the defendant did not
appear, and the plaintiff, on being sworn, stated that, on
serving the defendant with the summons, he said he did
not owe the money, and would not attend. An order of
commitment was therefore made out, but in less than an
hour the defendant appeared, and said that Mr. Moss
told him that any time between eleven and three o'clock
would do.
Mr. LEWIS, for the plaintif4 contended that the case
could not be gone into as the order had been made.
The Learned COMMISSIONER, however, considered it
only fair if there had been any real mistake.
The defendant denied owing the debt to the plaintiff;
and said that he had paid almost all the parties in-
terested, and they were members of the band of the 2d
Dragoon Guards, who had been engaged for the orchestra
of the theatre in the season of 1844; there was, howl
ever, something due to two or three, whom he could not
find, ss. 3d. or is. 6d. each. After he was served with
the writ at the Opera stage-door, he went to the plain:.
tiff's attorney to explain that he did not owe the debt to
plaintiff, but to the band, to whom he was liable as
manager, and that he bad tried to find those of the
orchestra who belonged to the regimental band, but
they had goae from Kensington to Windsor; and the
attorney required 21. to bepaid down for costs,'which being
unable to pay at the moment he was obliged to let the
case take its course. _ .

The plaintiff, on being sworn, stated that he was en-
gaged to find the band at 5/. ss. a-week, and at the end
of the week he got only one-half, and was told he
should have the other on the Monday, but the house
was shut up.
The defendant said he promised to pay when the
house opened. He did not pay the defendant for him-
self, but with the consent of the band, to divide between

them. Defendant was to have ss. a-night, and the others
engaged by him 3s. 6d. It was quite out of character
that any one else should be liable to a theatrical band
but the manager.
Mr. LEWIS said it was through the lathes of the de-
fendant that the case had gone by default, and not been
tried.
The plaintiff said whatever had been, paid by defendant
had been paid since the action, and he (plaintiff) had no-
thing to do with it.
The Learned COMMISSIONER said he could not try the
question. He was bound to make an order.
The defendant said he had no means of paying at
present.
Mr. LEWIS said defendant was a musical teacher, and
was also engaged at the Opera at 21. a-week, and his wife
11. 10s. The plaintiff would be content with a prospective
order, the payment to begin when the Opera season
commenced.

The Learned COMMISSIONER said he had not the power
to grant a prospective order. He would, however, ad-
journ the case till that time.
It was ultimately arranged that the summons should
stand open till March next.

POLICE INTELLIGENCE.
WORSHIP-STREET.
Owen Murrell, a respectable looking man, was finally
examined upon a charge of embezzling 251. belonging to
the Skein Silk Dyers' Society, Spitalfields, he being the
secretary.
Mr. Turner appeared for the society, and Mr. Heri-
tage for the prisoner.
The facts proved were, that in June last the commit-
tee of trustees decided on investing 251. in the Three per
Cents., and the prisoner was by vote intrusted to effect
the investment, for which purpose Mr. Ansell, the trea-
surer, paid 251. into his hands. He afterwards intimated
that he had done as required, and was to go to the bank
at a future time for the Stock receipt ; but, suspicion
arising, he was questioned, and, instead of attending the
next meeting of the society, he sent a letter, in which
he stated that he went to the bank bona fide to invest
the money in June, but found the bank books closed for
that particular stock until the 19th of July, and being at
the time in pressing difficulties himself, he was tempted
to make use of the money, in the hope of being able to
replace it before the required time.
Mr. Heritage attempted to set up a case of partnership
on the part of the prisoner, but the magistrate overruled
the objection, and committed the prisoner for trial. He,
however, consented to admit him to bail.
MARYLEBONE.
_ _ _

A MILITARY THIEF.--Henry Riley, a drummer be-
longing to the Ist Regiment of Grenadier Guards, was
placed at the bar, charged with having stolen a horse
and light cart, value 301., the property of Samuel At-
kinson, 12, Manchester-street, Gray's Inn-road, and
also, with stealing two military great coats.
It appeared from the evidence that, about 8 o'clock on
the evening of the 2nd instant, the prosecutor brought
a set of skittles and bowls for the detachment of
Grenadier Guards at present occupying the above-
named barracks, when the sergeant-major and Mr.
Atkinson went to the canteen, the sergeant-major to
get change, and Mr. Atkinson to receive the money.
The prisoner taking advantage of Mr. Atkinson's ab-
sence, jumped into the cart, put on Mr. Atkinson's
great coat, which was in the cart, and drove out of the
barracks at a great rate, without being noticed. At a
little after ten o'clock he was taken into custody by
police-sergeant 17, H. division, in Rosemary-lane, while
offering to sell a regimental great-coat, when, on the
sergeant searching him, he found he had three military
great coats, which he bad stolen before he left the
barracks. The sergeant seat for an escort from the
Mint guard, where the prisoner was confined, and the
sergeant of police afterwards found he had been offer-
ing the horse and cart for sale. He was immediately
taken from the Mint-guard, and conveyed to the Den-
mark-street station-house, and a report was sent on the
following morning (Saturday) to his commanding
officer, Sir John Burgoyne, who ordered the whole case
to be brought before the civil authorities. The de-
fendant is a most notorious character,
In the absence of some important evidence, the pri-
soner was remanded until Thursday.
SOUTHWARK.
BRUTAL ASSAULT.--On Saturday the Rev. William
Langley, and Mr. John Lockhart, of Walham-green, were
charged before Mr. Seeker with committing violent as-
saults on David Davis, a porter in the employ of Messrs.
Betts, distillers, of Smithfield-bars, in one of the third-
class carriages of the Greenwich Railway.e
The complainant, who exhibited marks of severe
punishment about the head and face, stated that he got
into a third-class carriage at Greenwich, to come to
London, on the preceding night. The defendants were
in the same carriage, and perceiving one of them (Lock-
hart) smoking, he said that probably he was not aware
of the rules against smoking cigars. The defendant
called him an impudent scoundrel, and he in return said
that if there was any impudence attached to it, he was
as impudent as a Frenchman. The moment he said the
words, Mr. Lockhart rushed at him, seized his collar,
and struck him in the face, and he fell down. On rising
to defend himself from further violence, he was attacked
by Mr. Langley, who struck him over the head with a
stick, and cut him severely. He added that he called
out "Police," and the train just got to the Deptford-
station when the assaults were committed on him.
Thomas Rockliffe, a witness, living at Whitechapel,
corroborated the complainant's evidence, and said he did
not hear him use the language attributed to him by Mr.
Lockhart.
Inspector Maddock, of the railway police, stated he
heard the cries of the complainant for assistance on the
arrival of the train at Deptford, and saw the complainant
lying on the floor of the carriage, with the blood flowing
from his head. He complained that he had been as-
saulted by both the defendants, who were taken into cus-
tody on the arrival of the train at the terminus.
Baker, a policeman, stated that on taking the de-
fendants to the station. house, one of them (Langley)
expressed a desire to arrange the affair with the com-
plainant, saying he would not mind 'giving a sovereign
for that purpose.
The MAGISTRATE said the parties had better consult
together for a short time.
The parties then retired, but the offer made by the
defendant being unsatisfactory, the magistrate ordered
the case to proceed, when a Mrs. Arkwright, a lady who
was with them, denied that either of the defendants
committed the assaults in the first instance. Her evi-
dence, however, was considered immaterial, as it appeared
she was frightened, and in a swoon the greater portion
of the time.

Mr. SEC HER said he should feel it his duty to send the
ease before a jury.
The defendants were accordingly committed, and sure-
ties were entered into for their appearance at the next
sessions.