The Sun.
London, England, 1846-06-18 00:00:00

QUEEN'S • BENCH.-(THIS DAY

(Sittings at Nisi Prins.)
LEWI3 V. ROE. .
This was an action in trover, brought by Mr. Lewis, the Sheriff's-
officer, against Mr. Roe, an officer of the Guildhall Police-court, for
the unlawful conversion of certain goods in his possession, the pro-
perty of the plaintiff, or detaining the said goods for the purpose of
depriving the plaintiff of the use of them. The present action arose
out of certain proceedingS that took place last year, arising out of a
seizure of goods belonging to a Mr. Cole, on the part of Messrs.
Bond and Co. At the instance r f the latter Mr.
Lewis made a seizure of a diamond ring, a gold watch,
and chain, and other other articles of jewellery, which were subse-
quently advertised for sale on behalf of the seizing party by Mr. Isaacs,
th anctioirer. A brother of Mr. Cole attended the sale, and made
the purchase of what be conceived to be the seized articles, but upon
examination it came out that the goods Were not the articles that
were seized, but jewellery of an inferior character which had been
substituted. Some proceedings arose in consequence of this disco-
very, when Mr. Lewis, Mr. Isaacs, and other parties were brought
up before Mr. Alderman farebrother on the charge of conspiracy,
with intention to defraud. The goods sold to Cole's brother, with
those that were ascertained to be the goods actually seized were
produced in Court, and at tin order of the Alderman, Mr.
Roe, the officer of the Court, was instructed to take. possession of
them, and Mr. Lewis was held in bail for a charge that might be
preferred against him at the ensuing Central Criminal Court. The
second examination at Guildhall took place on the 19th of April
The ensuing sessions were held on the 12th of May, but tin
case did not come on then. In the meantime an ar-
rangement was come to between the parties, Mr. Lewis
giving an undertaking, that if no further proceedings were taken he
would deliver up the goods, and meet certain expenses arising out
of the proceedings. On the 9th of June tt demand was made on the
defendant, Mr. Roe, to give up the goods, in order to be able to fulfil
the undertaking entered into by Mr. Cole's attorney. Mr. Roe re-
fused ; and at the sessions held on the 20th June, a verdict of " not
guilty" was, with consent, entered, and the matter was disposed of,
subject to the undertaking bemg completed. The present action,
therefore, wag brought againSt Roe for detaining the goods when
demanded to deliver them up on the 9th of June, and after the
parties had compromised the matter.
Counsel to-day was heard on both sides, and a host of witnesses
examined, the Learned Gentleman for the plaintiffdwelling strongly
on the difficulty his client was placed in,-after having made an ar-
rangement, not being enabltd to carry it into effect from the deten-
tion of the goods, thus being subject to an action for not fulfilling the
contract he had been a party to.
Mr. Justice ?MESON, in charging thejury, said that it was per-
fectly clear that the magistrate had a right to order the goods
to be detained, to satisfy the ends of justice, and that the officer had
a right to hold them and not to deliver them up to any one till the
matter was finally disposed of in Court. Now, the demand was made
on the 9th of Juno, and the case was not before the sessions till after
the 20th ; the point, therefore, they had to consider was, did the de-
fendant, under the circumstances, detain the goods with the object of
unlawfully converting them to his own use, or of depriving the plain.
tiff of the permanent use of them.
The jury almost immediately returned a verdict for the defendant

EXCHEQUEtt.-(THIS DAY.)
;Sittings at Nisi Prins, befOre the LORD Clans BARON and Middlesex

- Special Juries.)
The eases of " the Attorney-General v. W. Bailey," and of " the At.
torney-General v. J. Bailey," were called ou this morning for trial,
but the same objection in law being taken in them on behalf of the
respective defendants as was urged yesterday in the case of " the
Attorney-General v. C. Bailey," by Mt. Martin, the Court directed
them to be placed in the list of remanents for Michaelmas Term.
In the case of the Attorney-General v Gr:fitths, for the Illegal dis-
tillation of spirits, a verdict was entered for the Crown.
The Court afterwards sat in banco, for the first timo out of term,
according to previous notice.

CRUTINAL COURT.-(THiS DAY
OLD COURT.

(Before Baron ROLLE and Alderman MrsoaovE.)
John Graham was placed at the bar, indicted for felouiously killing
and slaying Thos. Blewitt, in the month of May last, in Drury-lane.
Mr. RYLAND, who conducted the case for the prosecuiion, ad-
dressed the jury, and proceeded to call witnesses.
Louisa Cook, having been sworn, stated that on Saturday, the 23th
of April, she was passing through Drury-lane, about five Minutes
past tight o cloCk, wlien she met the prisoner, and pushed acciden-
tally against him. lie made use of a bad eXprCiiSioll, and said,
" Hew did you do that ? Go along." She called him a puppy, and
Went up Prince's-street, but was followed by the prisoner, who
caught her by the shetilder, awl alter a few words went to Drury-
lane. He'returried a second time, with a pistol under his right arm,
and the witness Said to him, " If you don't go away I'll give you in
charge," and. called out " Police." The prisoner ran away, and she
saw no more of him till near an hour after, when he was in the.cus-
tody of the police.
Cross-examined by Mr. CLARKSON—SiIo never saw the prisoner
before that night. She was certain the prisoner is the same person.
Willissi Hathaway, compositor, said about twenty-five minutes to
nine o'clock on that night he saw the prisoner in Drury.laue with a
pistol presented in his right hand. He walked up to the witness,
having the muzzle of the pistol presented at him. Witness moved
aside and stood Still, the prisoner also made a stop. There was
another man near, at the time. Immediately after witness beard a
report of a pistol, and Blewitt say " I'm shot." The prisoner after-
wax Os ran away witk the pistol in his hat d.
By the JUDGE—Witness s..w the prisoner all the time, and when
he fired be was but a yard from him. Slewitt stood near the wit
ness; neither of them, however, had touched the prisoner. There
were many others passing at the time.
Charles Gilmour corroborated the testimony of the other witnesses.
He saw both the prisoner and the deceased within live or six yards
of each other, the prisoner having something in his right hand, and
the instant after he heard the report and saw the flash. The deceased
staggered, and the prisoner stood for a minute and a half and then
ran away. Hc heard the prisoner, alter being caught, repeatedly
say it was an accident.
Cross-examined—The witness saw the prisoner's hands in a posi-
tion such as they would assume in reducing the pistol to half-cock.
Police-constable F 82 saw the occurrence, and heard this deceased
cry out, "0 Lord, 0 (bar !" Witness walked seven or eight paces,
and met the prisoner, to whom he said, " Why, what's the matter ?"
The prisoner said his pistol had gone off by accident. Witness did
not see anything in his hand, and us sever al persons cried out a man
had shot hims.elf, he let the prisoner go.
John Fisher a chimney-sweep, said be laid bdd of the prisonerand gave hint into the custody of a policeman. The priponer had a
pistol at the time in his pocket, which he said he had let out in Drury-
lane.

Pollee-constable F 83 rearohed the prisoner at the station-house,
and found five leaden bullets and a powder flask on him.
James Duncan, one of the house-surgeons at King's College Hos-
pital, examined— Was there when Thomas Blewitt was brought in,
having received a gun-shot wound on the right side of the chest. The
bullet had struck the fifth rib on its entrance, and passed out near the
seventh. That wound was the cause of Blewitt's death.
Mr. CLARKSON then addressed the Jury in defence of the prisoner.
(The trial was proceeding when our report left.)

IVIARLBRO'-STREET-(THIS DAY.
A stalwart powerful man, about 40 years of age, dressed in fashion-
able style, who on being charged at the station-house, described him-
self as " John Macdonald, captain in the British army, and at present
residing at St. J ohn's Wood," was placed at the bar to answer for
committing the following outrageous and unprovoked assault upon
ISr. John Lovelace, a tradesman, living at No. 16, Casle-street,
Leicester-square.

The complainant stated that between eleven and twelve o'clock
last night, as lie was entering the door of his own residence, the
defendant suddenly came upon him and striking him a heavy blow
on the head felled him to the ground. Whilst he was lying prostrate
on the footway pavement, and nearly insensible from the effects oc
the defendant's violence, he made a furious kick at a part of coin-
plainaut's person likely to produce the most serious, if not fatal con-
sequences. Fortunately at the Instant police-sergeant No. 115 of the
C division came up and secured the defendant.
The sergeant said he was on the opposite side of the way and wit-
nessed the attack made by the defendant upon the complainant; it
was of a most violent and brutal description ; the complainant most
luckily escaped the injury the defendant evidently intended by the
kick he attempted to inflict.

Mr. Mavrey asked if the complainant gave the defendant any pro—
vocation whatever? The complainant—None in the least.
Mr. MALTBY—Do you know him? Complainant—l certainly do
by sight, he having greatly annoyed and forced his company on a
lady living in our house. Sne is a married wcman, and wishes to
dispense with the defendant's importunities; he will, however, take
no denial, and has repeatedly scaled the wall to get to the lady's
chamber at night. The lady Is iu the i ecelpt of a handsome annuity,
a share of which seems particularly attractive to the defendant.
Mr. MALTBy asked the defendant what he had to say in answer to
the charge against him? The defendant said that the comPlainat!t
had grossly insulted him by calling him opprobrius names. Ile
would not have lifted his hand against such a person withal tdee
-
fondant,
provocation. He denied having actually kicked th
fondant, although he said he deserved it.
Mr. MALTBY said the charge was proved to
imprison
tohiasati
nsiaerctt n th
e
defendant, and
e
he should impose a fine of al., or two r
months'
defendant, who not having the rcquircd_amount was locked 111).

TON,
THE MAILS —SOUTHAMP
Capt. Russell, arrived in the
steam-ship Queen%.
liar, and landed mails to
JUNE 17.—The Pe-
ninsular Company's .
Cadiz. 6th ; EiSholl, 10th ,
forwarded to London' by the two A.M.
the following dates,
:—Gibraltar, June 5; .
"'at"
this
Vigo;l2th ; and Comma 13th. The Queen has
docks at elevenr.mw.
Oporto, 11th ;
,ithree passengers, and a cargo of fruit. The
brought h3teschtewrderaey
ibrattar, Cadiz, Lisbon, Co& '
The
Rod.' &C.'
at three P.M.
Paella, Captain si3xurney, left the decks at three p.x. this day, with
C., her average
the mails for G
number of passengers, and Care "o• a West India Mail
this day, with the West t mails, fort port
passengers, and a
packet the ;Medway, Captain Andrews,
full cargo of goods.
BCedfordo roRNER'S INQUEST.— Yesterday afternoon, Mr.
esumed the adjourned inquiry at the Essex Head, Essex-
street. Strand, on view of the body of a young woman unknown, that
was discovered floating under the
prove
arches of Waterloo, on
Monday morning. In the absence of all
identity or eviden•brid ce to prove
how she came into the water, the jury returned a verdict of " Found
dead floatiog in the River Thames." The deceased was apparently
25 years of age, rather stout, and was dressed in a half-mourning
gown, without any bonnet or shawl.
.`SIGHTS FOR IBRAHIM PACLIA." Thank Heaven,"
said a Frenchman to Punch," you can't, like Paris, with all your
sights, show Ibrahim Pacha a Louvre." And, thank Heaven," said
Punch to the Frenchman, " we can't, like Paris, show him 30,000
soldiers."—Punch.
6ELF-DEVOTION'.—A very melancholy catastrophe
occurred on Sun lay last at a place called Ballyglass, in the neigh-
bourhood Of Woodford. A man ;lama Flanagan, tenant to the Hon.
A. Nugent, who bad been married only two months, accompanied his
wife to their farm for the purpose of milking the cows. While she
was thus employed, the husband went to bathe in an adjoining river;
his cries soon attracted his wife's attention; she ran to his assist-
ance, plunged tn, and in the Struggle both perished.--(7alwaY,
rfOlia01",