The Sun.
London, England, 1846-04-14 00:00:00

WELLINGTON V. WEST.

For the plaintiff;;;;bir:dolOn and Mr. F. V.
Lee ; for the defendant, Mr. Sergeant Talfourd and Mr.
Francillon.

The plaintiff was a grocer, and the defendant an inn
keeper, both living at Newent, between whom, in February
last, an agreement was entered into to the effect that
Wellington should take the Red Lion Inn for the re-
mainder of the term during which it was demised to the
defendant, namely, until the month of June next. The
stock and furniture were to be valued, a t•um of
money paid down, and two friends of Wellington's were
to join in nutes for the balance, each party further
binding themselves to forfeit 50/. in case either failed to
fulfil their mutual obligations. The 25th of March was
appointed as the day on which possession was to be
given to the plaintiff, but a few da3 s previously West
requested to be allowed to remain in a short time longer.
The plaintiff raised no objection to this, only stipulating
that the new arrangement should be reduced to
writing, which was accordingly done, but the di-fondant
refused to annex his signature to the document,
whereby the plaintiff contended that 501. was forfeited to
him. The defendant pleaded " leave and license," to
which the plaintiff replied, that the execution of the
second agreement was a condition antecedent to the al-
leged leave and license, and that, as that had not been
complied with, the original agreement was still in force.
After the examination of several witnesses,
The CHIEF BARON remarked that the main difficulty
in the case seemed to be, that the plaintiff did not ap-
pear to have had possession given to him, even after the
25th of March.

Mr. Sergeant TALFOURD replied, that possession had
been offered and refused, whereupon a lenghtened dis-
cussion ensued, and the case terminated by the with•
drawal of a juror, the Learned Judge observing that he
thought that course the best for all parties. (The effect
of this step is, that each party will have to pay his own
costs.)
This was the last case at Nisi Prins.

CROWN COURT.—(Before Mr. Baron PLATT )

William Bishop, aged 35, was indicted for having in-
termarried with one Anne Shipway, during the lifetime
of Elizabeth, his first wife.
Evidence was given of his first marriage, which oc-
curred about eight years ago, at Bristo. Six years
since, however, the prisoner was deserted by his first
wile, who went to live, and has during the interval co-
habited, with a man of the name of Baker.

Anne Shipway, aged 37, stated that she was married
to the prisoner at Radcliffe Church, Bristol, on the 23d
of July, 1844, after an acquaintance of about eighteen
months. She was aware that his first wife was alive, but
he told her that " he was parted from her by law, hav-
ing sold her."
Mr. Baron PLATT—Is it credible that you have ar-
rived at your time of life without being aware that a
man cannot sell his wire, and that he can only be sepa-
rated from her by divorce?
The witness proceeded to state, that the prisoner hav-
ing neglected to supply her with money, she had taken
possession of some chattels which she had previously
purchased. The former wife, repentant of her past
transgressions, had reappeared, and now claimed the
prisoner as her rightful husband.
The prisoner was convicted, and sentenced to 14 days'
tmprisonment, without hard labour.
Ile was defended by Mr. Greaves.

George Britton, aged 31, was arraigned upon the
charge of having pillaged a trading vessel, which had
stranded at Hambury on the Bth of February last.
Mr. Skinner conducted the prosecution, and Me.
Greaves defended the prisoner.
The prosecutor stated that the vessel in question,
named the George, of Chepstow, sailed on the 7th. ot
February from Hentland (Hertfordshire), with a cargo
of timber, spokes, bark, &c., and that, three days after,
she stranded and filled about a mile and a half above the
Bristol river, a little below the new Passage. ce veral
men were in possession of her at the time witness dis-
covered her in the above situation. He asked tturin what
he should give them for securing her ; they reified 501.,
but he ultimately compromised the claim for 1.'71. The
♦essel was afterwards taken to Bristol, where, on un-
larling her, several articles were missed, namely, a bundle
of hogshead-hoops, 250 spokes, and some small hoops.
The prosecutor and policeman went to the prisoner's
house, where they found several portions of the missing
property.
Joe counsel for the prisoner contended that the articles
in question had floated ashore, and that the prisoner and
his companions had secured them, not knowing to whom
they belonged.
He was acquitted, as were three other prisoners, who
had been charged with the perpetration of similar
off,nces.

Thomas IVilliams was charged with sssaulting James
0 borne on the highway, in the parisl of St. George's,
and with having robbed him of seven sovereigns.
M . Greaves prosecuted ; the priwiner was defended
by Mr. Cooke.
On the evening of the 12th of Dr:cember, the prose-
cutor, it appeared, was returning home after sundry
lengthy potations, when he was vt tacked by two men.
one of whom knocked him down, If Nile the other robbed
him. He swore that the prisoner was one of his assail-
ants, and that he knelt upon him, while his pockets were
being rifled.

Other evidence was given to cOnnect the prisoner with
the transaction, and the jury, after remaining some time
in deliberation, found a verdici; of Guilty, whereupon he
" I am happy to say that I am inn ,cent of this
; I was in bed at the ti eof the robbury."
Ile was sentenced to truly .portation fur the term of
riftcen years.

After the trial of several, -other prisoners for offences
of no groat importance, the assize business of the present
circuit was brougnt to a c
DOE, ON THE DENIME OF WOOD, V. ELIAS.

This cause, which it v'a•; expected would have been
tried at these assizes, for the recovery of certain free-
hold estates of considelv,ble value, the property of the
late James Wood, has been made a remanflt until the
summer circuit.

A special applicati upon the subiect was made at an
early
period of the M m
Sizes to the Chief Baron by r.
Godson, who regrt Med to know if his Lordship would
fix a day for the trial.
The CHIEF B ARON replied—By no means, it must be
made a retnane,c. It cannot be tried by me at all. It
must have n
beA perfectly well known to those who en-
tered the c^.nae that I should not try the cause in this
court, awl. it was no secret that I came down here only a
few years. ttga to dispute that very will. I at that time
entertahred a very strong opinion upon that case, and
havelts.d no reason to alter that impression since ; and
it worald be an act of great indecorum on my part to sit
and, try the case. I expressed an opinion as to Dr.
Lushington's sitting in the capacity of judge, after
'having been engaged as c ounsel, and I still adhere to
that opinion. I consider that it is a course which is cal-
culated to bring the administration of justice into ques-
tion, if not into contempt.
Mr. Sergeant TALrourm„ on behalf of the lessee of
the plaintiff, observed thi his client would be perfectly
satisfied that his Lordship should adjudicate upon the
case; but if his Lordship 'felt a disinclination so to do,
perhaps an arrangement might be made for Baron Platt
to take it.

The CHIEF BARON said it was his duty to take the
business of that Court, •and he did not conceive that he
should be justified in a skin; his brother Platt to dis-
charge his office for hie J. So tar, therefore, as he was
concerned, he should -direct the cause to be made a
remanet.

This course was finaid y adopted, an arrangement being
moreover proposed, by which the evidence of an im-
portant witness, now 9G years of age, should be admitted
by the opposite party.

POLICE INTELLIGENCE
MAN SitilV-1-IOUSE.
The Lord Mayor r eceived the following letter on the
subject of the manner in which the regulations made by
the Court of Alderm, at, and confirmed by Mr. Baron
Platt, are attended to by the steam-boat proprietors :
"April 11, 1846.
"My Lord,—l beg - permission to call attention to the
shameful manner in.. which the steam-boats on the
Thames are crowded... ;tin coming yesterday from Graves-
end, I was really s'aGeke, iby what I witnessed. If it is
necessary to confine the . number of passengers in a cab
or omnibus, ho ev much me re necessary is it in a steamer?
Tire companies seem dispo, led only to pocket as much as
they pos ibl,. eau w. thout •egard either to the conveni-
, .
el ce or s&.-ety of the pu,lic ;
if the la
nvi ~t4:(1 do the a =al no?. that I wonder at it, for
a cabma
him. You 1 anal, i-• A. did n.it pore vent
nt the ,lis,,ition
have the power, ' I trust, t
.
and deternititat'.on to put a 9, " to this abi ninable
'
practice. Wire you to gut i) . utave,...nd (0.1114/11JW, you i
Would require sic elide*e me flger than your WA eyes