The Sun.
London, England, 1846-11-04 00:00:00

turn simply on the construction of the prospectus, but
received aid and effect from the document which hail
been referred to, and the letters addressed to the provi-
sional coitMittee. Though the prospectus might not
bear the construction that the proVisional committee
were the parties before whom such applications were
laid, it would appear •by the letter wherein the
defendant had been referred to as a director,
that though he had not signed expressly as such,
he had made some admission of it by signing against the
party's name " Very good." Inasmuch as the question
of the liability of the provisional committee did not arise
from the legal construction of the terms of the pro-
spectus, but was to be taken from its effects and other
facts in relation to the transactions of the company, the
judge had properly left the whole question to the jury,
and the rule for misdirection could not go. But on ac-
count of the great general importance of the case, and in
order that the question might be fully considered by the
Court, the rule to show cause that the verdict was
against evidence would be granted.
Rule nisi accordingly granted.
KENT V. GREAT WESTERN RAILWAY.
_ _ _

Mr. Sergeant CHANNEL moved for a rule to show
cause why the costs in this suit should not be subject to
taxation. He made the application on behalf of the de-
fendant, which arose out of an action brought by Mr. Kent
against the Great Western Railway Company, for over-
charges for conveying goods along the line. The action was
tried before Lord Chief Justice Tindal last assizes, and
a verdict for the plaintiff given for 1951. 12s. 4d. The
point now at issue was the amount of costs; the plaintiff
did not oppose the taxing of the costs after the issuing of
the writ, but objected to the same before that p( rind.
The charge made for costs before the issuing of the writ
was 179/. 3s. 6d. ; while the master bad reduced the
amount by taxation to 1331. 12s.

The Court took time to consider the application.
GILES V. THE RYE HARBOUR COMPANY.
Mr. BRAMWELL applied for a rule to stay proceedings
in this case, on account of irregularity. The applica-
tion arose rom Mr. Giles, the civil engineer, having in-
stituted a series of actions against several provisional
directors of the Rye Harbour Company for the recovery
of 1,5001. The plaintiff had proceeded individually
against thirty of the members of the committee for
the recovery of exactly the same amount, and they were
going forward at the same time. Eleven of the defen-
dants for whom he appeared, as the cases were the same
in character, and the settlement cf one would involve
the others, and in order to avoid excessive costs, prayed
that proceedings might be stopped in all the cases, or at
least all but one, such one to be selected by the plaintiff.
Rule nisi to show cause why all the actions but one
should be stayed granted.

BARKER V. THE PROVISIONAL DIRECTORS OF THE
EASTERN AND NORTHERN JUNCTION RAILWAY

COMPANY.

This action was tried last assizes at Maidstone, before
Mr. Justice Coltman, and was brought by Mr. Barker,
the advertising agent, to recover 9101. from the provi-
sional directors of the Eastern and Northern J unction
Railway Company. A verdict was given for the plaintiff.
Mr. Boy'', now moved for a rule to set aside the ver-
dict, and a nonsuit entered on the ground that the plaintiff
had not produced the written orders for the insertion
of the advertisements in the newspapers. Leave was
given to move on this point at the time. The plaintiff
was not a newspaper proprietor himself, but he received
an order from the secretary to get the advertisements
inserted in certain newspapers named. The advertise-
ments certainly did appear in the newspapers, but no
evidence was adduced that they appeared at the instance
of the plaintiff. They might, for any proof to the con-
trary, have been inserted by some one else. The written
orders to the several newspapers ought to have been
produced to prove they had been inserted by the plain-
tiff; in failure of this, he submitted Mr. Barker could
not recover. It was on this ground that he moved.
The LORD CHIEF JUSTICE thought there was no
ground for the motion. The secretary of the company
had given a certain order for the insertion of advertise-
ments in several newspapers. This, it appeared,
had been done. There was no complaint on this
head. The advertisements had appeared in the news-
papers, and there was no evidence whatever that they
had so appeared at the instance of any other person than
the advertising agent. What might have passed be-
tween the advertising agent and the newspaper proprie-
tors was immaterial to the case. The order was exe-
cuted in the manner prescribed by the defendants, and
the Court, therefore, saw no reason to disturb the ver-
dict.—Rule refused.
The Court shortly afterwards rose.

POLICE INTELLIGENCE
CLERKENWELL.

Yesterday, Thomas Lavender, a young man, who de-
scribed himself as a porter, was placed at the bar before
Mr. Combe, charged by Miss Anna Jones, of 28, Salis-
bury •street, Islington, with having feloniously stopped
her on the Queen's highway, put her in bodily fear, and
stolen from her person a valuable silk shawl.
The prosecutrix, whose face exhibited marks of vio-
lence, deposed that on Monday evening she went to a
party, where she was detained until twelve o'clock. She
had made an appointment to meet her mother at the
Temperance-hall, South street, Islington, to proceed
home with her, and as she was on her way the prisoner
accosted her, saying, " It is a fine night," and he soli-
cited her to take his arm. She declined this invitation
and walked on but he continued to follow her, and
several times importuned her, but she hastened onwards
much alarmed. He at length asked her to enter a pub
lic house and have something to drink. She begged of
him to desist, and go about his business, or she would
give him in custody to a policeman. On her arrival at
the corner of South-street, near Britannia-fields, the
prisoner seized her, and told her to open her shawl, when
she called out " Murder," " Police," keeping tight hold
of her shawl. The prisoner then struck her a violent
blow with his clenched fist on her mouth, which lacer-
ated her lips, loosened several of her teeth, one of which
was knocked out, and, dragging the shawl from her
shoulders, he ran off with it. She bled very much, and
was nearly stunned, but she called out " Stop thief,"
and the prisoner was taken into custody.
John James, of Miles-street, Hoxton, picked up the
shawl near to the spot where the prisoner was taken
into custody.
James Hitchcock, 131 N, deposed that he heard the
cries of " Murder," and " Police," in a female voice.
He went towards the spot, and met the prisoner walk-
ing away. He said to witness,—" You are wanted at
the corner." Witness went on, and found Miss Jones
bleeding from the month. She pointed out the direction
the prisoner took. Witness pursued and apprehended
him. He said,—" I did not take the shawl." The
prisoner was concealed near a hedge, opposite South-
street, when he took him.
Miss Jones positively identified the prisoner. She
knew nothing of him; she never saw him before in
her life.
Mr. COMBE cautioned the prisoner that it was a very
serious charge against him, and he was not bound to say
anything in his defence at present.
Prisoner (indifferently)—I needn't say anything now.
He was fully committed for trial.
Ann Parker, a young woman, was placed at the bar
charged with having attempted to murder her own mo-
ther by strangling her.
Elizabeth Jennings deposed that the prisoner was a
street-walker, and lodged in the same room with witness
and her mother, who was a washerwoman, at No. 5,
Vernon's-buildings, St. Pancras-road. At 3 o'clock
that morning the prisoner came home intoxicated.
A quarrel ensued between the prisoner and her mo-
ther, when the prisoner seized her by the throat; they
struggled together for some time, until the pri-
soner forced her mother down undermost on the bed,
and held her until she was black in the face. Witness
separated them, and the mother lay on the bed appa-
rently lifeless. Witness instantly sent for a surgeon,
and called in a policeman, who took the prisoner into
custody. A surgeon attended, and the mother was re-
stored to her senses. She said (meaning the prisoner).
" She did it." (The witness gave her evidence with
great reluctance, and was evidently desirous of conceal-
ing the truth.)
Haines, 194 S, deposed, that at half-past three o'clock
he was called in, and he found the mother to all appear-
ance dead, lying on the bed. When she came a little to
her senses he inquired who it was that offered the vio-
lence to her ? She replied, " She did it," meaning the
prisoner. Witness took her into custody. The prisoner
said several times, "I did it," and, making use of bad
language and threats, exclaimed, " I will do it for all
of them one after the other." lle produced a certificate
from the surgeon that " Henrietta Parker was lying in
a dangerous state from the effects of violence by stran-
gulation."
Mr. COMBE inquired of the witness Jennings whether
the marks of violence upon the mother's neck were caused
petticoat.n s I can't say whether
by
yy
mtt
hhr
o.e c
hp
oar i
mns
don
snE eo rr' ss
askedt h
r nn
gdtss h
oe?
fjpterhinesnoiner if she wished to say
anything to the charge ? Prisoner (sullenly and hid-
_

fer-entlys—l came home and she was drunk. She bei.,an
with me and struck me on the nose first.

Mr. COMBE—Your mother's life is in danger. This
is a serious charge against you. Perhaps she may die.
I shall remand you until her fate is known.
She was remanded.
WANDSWORTH.
Yesterday George Frost, a labourer, aged about 60,
was finally examined upon a charge of attempting to
murder his wife, by stabbing her in the arm with a table
knife.

It appeared from the evidence given on the previous
day, that on Sunday afternoon last, about half-past three
o'clock, the wife of the prisoner went to the residence of
police-constable Pearce, 250 V, in the Bridgeway, Wim-
bledon, and exhibiting her right arm, which was sq*eana-
ing with blood, said her husband had stabbed her, and
produced the knife with which he did it, a common table
knife, the blade of which was smeared with blood. After
the wound had been dressed by Mr. Tapley, a chymist,
the prisoner was taken into custody and brought to
Wandsworth station-house, where he admitted having
committed the offence. The wife nor surgeon being pre-
sent, the prisoner was remanded.
Yesterday the wife of the prisoner attended, and when
called upon to give evidence :mid she had been married
thirty-two years, that she was very hasty, and consi-
dered herself as touch to blame as her husband. She
thought it a hard thing to be obliged to swear against
him.

Mr. CLIVE observed that the witness must be sworn,
but recommended her to be cireful that the account she
now gave did not vary too much from the statement she
had made at the police-station on Sunday night. She
deposed that on Sunday last they had both been par-
taking freely of beer, and had some high words. Her
husband did not do any more to' her than in attemptinc, to pass him she found her arm cut, and went out, and,
seeing a policeman, he took her to a doctor's to have it
dressed.

Mr. Edwin Fennell, surgeon, proved that the woman
Frost had received a wound in the fleshy part of the
arm, which had been inflicted by a knife; the instrument
had passed completely through, but, fortunately, avoided
the larger vessels.