The Sun.
London, England, 1846-11-10 00:00:00

Mr. Justice PATTEsoN—Was the affidavit made in
London ?
Mr. Dubai said that it was, -but the parties were too
respectable to adopt any course to make him un-
easy. He left it in the hands of his Lordship,
as to whether or not it would be safer or better
to have the case tried in Middlesex. He also moved
for a special jury, but ho believed that that was a
matter of course. He did not wish to throw any im-
putation upon the City. He did not, of course, say that
twelve honest men were not to be found in London, or,
indeed, in any place ; but he thought that there were
great difficulties in the way.
Mr. Justice LITTESON—The indictment was taken
out of the Central Criminal Court by writ of certiorari,
and whenever any case is thus removed, if there are any
difficulties about it, the place in which it is the practice
to lay the venue is the county in which the cause of
indictment arises. The proper place in this case is in
London, and you must have a very strong ground to
remove it to another county. The grounds which you
state as your reasons for apprehending an unfair trial
are not strong enough. It is impossible to say that
twelve gentlemen coming from the city of London would
allow themselves to be unduly influenced.
Mr. DUNN said that all the parties and witnesses to
the prosecution resided in Middlesex.
Mr. Justice PATTESON—That is no reason at all,
Mr. DUNN hoped that his Lordship would give him
an order for a copy of the bill, and the names and ad-
dresses of the jury.
Mr. Justice PATTESON—No such thing has ever been
done in my recollection.
Mr. DUNN had sworn that the name of the foreman
was placed on the back of the bill since the jury had been
discharged and the sessions over.
Sir THESIGEa said that that fact was not stated in
the affidavit.

Mr. DUNN had not entered into particulars.
Mr. Justice PATTESON--All the facts must be dis-
tinctly set forth before the Court can take any cognisance
of the matter at all.
Mr. Dunn then withdrew.

EXCHEQUER.—(THIS DAY.)
The Judges assembled this morning in the Exchequer
Chambers to form a Court of Error, for arranging the
days upon which errors should be taken.
The Court adjourned till to-morrow.
(Sittings in Banco.)
LISTON V. ST. HELEN'S RAILWAY COMPANY.
Mr. BAINES moved upon affidavits for a rule to set
aside a nonsuit to which the plaintiffs was obliged to
submit, in consequence of seven of the witnesses who
were called upon the trial not answering, although sub-
poenaed.
The plaintiff was a clerk in the employ of the above
named company, and sought to recover a sum of money
for services rendered during a number of years to the
company, and the attendance of a large number of wit-
nesses was necessary to prove his case.—Rule granted.

THE ATTORNEY-GENERAL V. BAILEY.
In this case which was tried last term befdre the
Lord Chief Baron, verdicts were returned for the Crown
upon the first fourth and fifth counts of the declaration,
the first count charged the plaintiff with being in pos-
session of four illicit stills, upon this count a verdict
was found with the sum of 2,0001. The seventh count
charged the defendant with distilling spirits without a
license. Upon this count a verdict was returned with
the sum of 500/. The fifth count charged the
defendant with removing spirits without a permit.
The verdict upon this count was also for the Crown,
with the sum of 4,0001. The defendant carried on the
business of a wholesale chemist and druggist at Red-
burn, in Derbyshire.
Mr. MARTIN now moved for a rule either to set aside
the verdict, or for a new trial. Although it had been
proved by the witnesses called at the trial upon the part
of the Crown that these stills had been improperly
used, yet these stills were primarily intended for the
purpose of distilling sweet spirits of nitre, and as this
article was exempted from the operation of 6 George IV.,
the defendant was not bound to take out a license, and
therefore the verdict returned upon the two last counts
was wrong. If the party owning stills kept for the pur-
pose of distilling such spirits of nitre, should use his still
for the purpose of manufacturing spirits properly go
called, there were other acts under which he could be
punished, but under the 6 Geo. IV., it was now con-
tended that the defendant could not be convicted.
The COURT held the verdict to be good, and consi-
dered that the defendant came under the definition of
the Act.—Rule refused.

COMMON PLEAS.--(THIS DAY.)
(Sittings in Banco.)
CAREY W. SMALLMPOD.
Mr. Sergeant CHANNELL showed cause against a rule
obtained by Mr. Sergeant Taltourd, on the 9th June last,
for a stet processus as plaintiff, the defendant to give
security for costs. The rule was obtained by the plain-
tiff on a single affidavit, alleging that the defendant was
either in a state of insolvency, or that he was residing
abroad. The action was directed to be brought by the
Court of Chancery, to which the plaintiff had applied for
an injunction to restrain defendant from infringing a
patent for wood pavement. The defendant denied
that the plaintiff's system of wood pavement
was a new invention, but one similar to that
previously brought out by Mr. Macarthur. The
injunction was obtained from Vice-Chancellor Wigram,
on an ex parte application. The defendant shortly
afterwards succeeded in procuring a dissolution of the
injunction, the Vice-Chancellor reserving the question
of costs, the defendant being directed to keep an account,
and the plaintiff to proceed by action at law, and this
action was accordingly brought. The affidavits filed by
defendant denied the allegations contained in the plain-
tiffs affidavits, and it was contended that the application
arose from an unwillingness on the part of plaintiff to go
to trial.
Mr. Sergeant GLOVER followed on the same side.
Mr. Sergeant TALFOURD replied in support of the rule.
The COURT was of opinion that there was no ground
whatever for interference. The rule must therefore be
discharged with costs.—Rule discharged accordingly.
REGISTRATIOIT APPEAL FROM THE BOROUGR OF DART-
MOUTH.
Mr. Sergeant DOWLING applied to the Court to en-
large the period for entering an appeal against a decision
of the revising barrister for the borough of Dartmouth.
He made it under the 64th section of the Reform Act,
which gave the Court power to extend the time
of entry. It was required that the notice of the
appeal should be forwarded to the Court so as
to be entered on the 4th day of November.
It seemed that the attorney bad not taken the necessary
steps for forwarding the appeal till the evening before
the last day, when requiring the presence of his client
to complete the application, he was disappointed by his
absence from home. A day, therefore, was lost, and
before affidavits of the cause of delay could be made,
and the necessary steps taken for the present application,
the present week had arrived.
The LORD CHIEF JUSTICE, after consulting the Act,
was of opinion that the Court ought not to interfere.
The Act gave them the power of extending the period of
entry, providing that a reasonable time had not been
given for preparing the appeal, but here there had been
plenty of time. The delay had been occasioned by the
neglect of the attorney. The application must, there-
fore be refused.
The rest of their Lordships concurred.

THE LONDON GAZETTE.

(THIS EVENING.)

FOREIGN-OFFICE, Nov 7, 1846.
The Queen has been pleased to appoint Mr. Saul Salo-
mon, as COW at St. Melena for his Majesty the Emperor
of Brazil.
THE PRINCE OF WALES' COUNCIL CHAMBERS,
SOMERSET-HOUSE, Nov. 7.
The names of tkose who were this day nominated, by the
Council of his Royal Highness the Prince of Wales, to serve
the office of Sheriffof the county of Cornwall.
➢Ticholas Kendall, of Pelyn, Esq.
Sir William Pratt Call, of Whiteford House, Bart.
William Daubez, of Killion, Esq.
WHITEHALL, Nov. 5.

The Lord Chancellor has appointed James Pratt, of
Wootton Bassett, in the county of Wilts, Gent., to be a
Master Extraordinary in the High Court of Chancery.
The Lord Chancellor has also appointed William Norris,
of Manchester, in the County palatine of Lancaster,
Gent., to be a Master Extraordinary in the High Court of
Chancery.

BANKRUPTS.
William Trowbridge, woollen-draper, Lawrence-lane.
Thomas Harris Beal, grocer, Winghar9, Kent.
John Blyth, mine merchant, Bruges.
David Pattie, stationer, St. Alban's-place, Edgware-road.
William Allen, stationer, Wheeler-street, Spitalfields.
William Bond, licensed victualler, Holborn.
Robert Miller Jermyn, chemist, Bocking, Essex.
William Imray, stationer, Liverpool.
Thomas Wyatt, bnilder, Oxford.
John Lamb, haberdasher, Oxford-street.
Rosetta Edersheim, draper, Manchester:.
urrey
RHiecnhrayr dG lGodfrey,ovr
John Hall, merchant, Martin'si-lane,
Canon-atreet.l
Lodge, Denbighshire.
miller, builder,
Mitchamton, nearaen 3ford Gravesend.en,
Ejodli'vnarLdesPt eipresf,arni plasterer,erPenD-Yergbey, e

WA
IS DAY
SALES OF RAIL Y S HARES BY
A LICTION.—(TH.)
The sale of railway shares, to-dv,y, at Messrs. La-
mond and Co.'s, went off with great spirit, and a large
business was done at improved prices. The following
are a few of the principal sales :
Armagh, Coleraine, and Portrush £o 6 6
Leicester and Birmingham
East Indian ..., II 15 6
London and Manchester (Remington's) 0 8 6
Great Luxembourg
Cornwall and Devon Central
South-Eastern and Dover, No. 4
East and West India Docks and London
and Birmingham Junction
Namur and Leige
ManchesterLl,oonrkdsoini
ira Yorkshire
nadnd Brighton, Southampton,Glasgow
uEighthsni on 1847 3ll 0
SEGO
hoxxrofeelotewre
drsa,,bnlud'\reyho.tvnoainenl lyedas, andan
dll
Cheltenhamorset ..... . . 7 ...... . . 110° 191 oo:
8teirnm...i.1.1g..h..a.m........ .. ...... 10 158 00
Direct Northern ........... ••• 3 9 0
London and York
.... 2 1 0

110NESTY.—The Liverpool agent of the Royal
Victoria Steam Company has this week sent the fol-
lowing, anouncement to the Company here:—" A woman
called here to-day and said she came deck passenger by
the Royal Victoria some years ago, when the fare was
35., and that Captain Hudson missed collecting her fare.
She has never until now been able to repay it, and has
requested me to transmit the amount, which is annexed
in postage stamps.—J. D. THorarsoN." To this com-
munication Mr. Thompson adds this significant post-
script—" N.B. A very rare occurrence."--Carlisle
Journal.