The Sun.
London, England, 1846-11-12 00:00:00

THE QUEEN V. THE JUSTICES OF WORCESTER.

Mr. GRAVES applied for a rule to she .v cause why a
writ of mandamus should not issue, directed to two
magistrates of the county of Worcester, to compel them
to grant distress warrants against two parties who de-
clined paying the poors'-rate. The Learned Counsel
stated that the facts of the case (which were some-
what peculiar) were these:—On the 10th of July
a rate was made by a competent number of the
churchwardens and overseers of the parish of Broadway
in the county of Worcester. On the Sunday following
notice of the rate was affixed to the church door, accord-
ing to the provisions of the Act. The notice declared
a poor-rate of 6tl. in the pound, and was signed by two
of the churchwardens. An attorney in the parish re-
fused to pay the rate. On bein., summoned to show
cause for his refusal, he objected that the rate was null
and void,.as the notice was not a good one. His clerk
and son both made the same objection. The case came
before the magistrates, and it was argued that as the no-
tice was signed by John Justin for J. Poole and Charles
Mosley, it was void on two groends ; first, that no church-
warden had any power to sign by deputy, and, secondly,
that the notice was not signed by a majority of the
churchwardens and overseers. The objection was held
good, and the rate became null and void.
0,1 the 12th of September following a rate similar to
the former one in amount was declared, and the parties
again refused to pay. On being summoned they ad-
mitted the perfect regularity of the proceedings in this
instance, but contended that the first rate was a good
one, and held good until it had been regularly quashed
at the quarter sessions, and that the last rate being a
concurrent rate could not be valid. The magistratei
who were puzzled by these proceedings refused to grant
a distress warrant, and the parties were compelled to
come to this Court to compel them. The first rate was
most certainly null and veid by the Act 7th Wm. IV.,
and Vic. 1., chap. 45, and therefore the second rate
must necessarily be legal, as all due forms had been
omplied with.
Mr. Justice PATTEscN—Take a rule.

COURT OF EXCIIEQUER, Nov. 11.
(Sittings in Banco.)
The COURT gave judgment this day in the following
cases.

OXFORD V. YOUNG.

Rule refused.

CORRY V. BRAY.

Rule refused.

CORDON L. FISHER.

Rule nisi granted.-- - •
TUFFNELL V. MERYFIELD.
Rule nisi granted.

REYSELLS V. LEWIS.
Rule nisi granted.
(Sittings at Nisi Prius, before Mr. Baron PLATT and

Common .Juries.)
MACLEAN V. WING
This case, which was in part heard yesterday, was
again proceeded with to-day.
Mr. Chambers and Mr. Lush appeared.for the plain-
tiff ; Mr. Whitehurst and Mr. Mellor for the defendant.
This was an action brought to recover possession of a
cabriolet, some harness, and other articles required f,
the stable, which the defendant refused to give up. The
plaintiff was a gentleman who was residing at Brett's Hotel,
Holborn, and being in want of a temporary supply of cash,
requested defendant to advance the sum of 301. upon the
cab, and other articles, to which the defendant acceded,
and he gave a receipt accordingly for the money, to
which receipt was attached an inventory of the goods
offer% das security for the loan. Subsequently the plain-
tiff tendered the amount of the loan, with interest, and
also the expenses of the standing of the cab at the
livery stables, but the defendant refused to give up pus
session of the goods, contendingthat the sum of 301, as
paid by them, was for the purchase out and out of de
goods in question.
On the part of the plaintiff several witnesses were
called, among others the groom to the plaintiff, who
stated that his master had frequently been out in the
cab since the date of the transaction, and also that he
was originally engaged by him to attend to his cab, and
that he had continued to do so after the alleged sale had
taken place.
A coachmaker was also called, who had offered 70/.
for the cab.

Mr. Baron PLATT, in summing up, thought it highly
improbable that the groom of the plaintiff should be
kept by him to wash and keep in order the cab, if th
plaintiff had actually sold it to the defendant, and also
that it was unlikely that the plaintiff shoull have sold
for 301. that for which other persons had offered him at
least double the sum.

The jury immediately returned a verdict for the plain-
tiff, darua:es 641. 65., to be reduced to one shilling on
payment by the defendant of the sum of 351., the latter
sum including interest on the money advanced, and also
the expenses of the cab at livery.

EXCHEQUER CHAMBER, Nov. 11.
The judges met this morning to arrange the days for
hearing arguments in error, and appointed Thursday,
the 26th of November, for the Court of Queen's Bench;
Friday and Saturday, the 27th and 28th, for the Court
of Exchequer; and Monday, the 30th, and following
days, for the Court of Common Pleas.
The Court then adjourned.

COURT OF COMMON PLEAS, Nov. 11.
BRYSON AND ANOTHER V. GIBSON AND ANOTHER.
The plaintiffs in this case were merchants in London,
the defendants the assignees cf one Jones, a bankrupt,
residing at Cardiff. Jones was indebted to plaintiffs in
4001., and gave them a bill of sale on the ship Eliza
Jane, his property, redeemable at any time on payment
of 400/. This bill of sale, not having been registered at
the Custom-house, Cardiff, as required by law, was seat
down to Jones to be so registered. The receipt of this
bill of sale was acknowledged by Jones on the 25th of
January, 1844. On the 30th of January following a
fiat in bankruptcy was issued against him, the act of
bankruptcysei
g n eee
bhr
brought
having been committed on the 28th, and the
taken possession of the vessel, the
plaintiffs
ginhgt this action of trover.
a
Mr. Sergeant Channel was heard for the plaintiff and
Mr. Sergeant Talfourd for the defendants.
The COURT took time to consider its judgment.
DAVIS V. LOWNDES.
TRIAL AT BAR.—In this heavy case, which has been
some time under litigation, and respecting which, appli-
cation for a trial at bar, has been made,
The COURT said, that on account of the winter assizes
not yet being arranged, the appointment cf the day must
stand over. Their Lordships would, however, endeavour
to fi3t some day before Christmas.
THE VENTILATION OF THE COURT.—In the course of
the day Mr. Sergeant Channel grievously complained of
was occupied with argu-
ments ventilation of the Court.
othfensoititninterest, except to the parties
sitting
concerned.T e
o remainderdemurrers,
f

SECONDARIES' COURT', .Nor. 11.
(Before Mr. Secondary POTTER.)
COTTON V. THE EASTERN COUNTIES RAILWAY.
This was an action for damages for injuries received
by the plaintiff, who is a governor of the Bank of Eng-
land, against the above company, but the writ was
withdrawn previous to the sitting, and it was
under.
stood that some arrangement had been coma to on the
subject.

COURT OF BANKRUPTCY, Nov. 11.
(Before Mr. Commissioner FoNnLANQuE.)
THE " IRON TINES."

To-day an audit meeting was held under the estate of
the Iron Times newspaper. The business of the day
was pro forma, the bankrupts, Messrs. Smith, 1101 t, and
Neale, not having filed their balance-sheet in time to
pass their examination.
The only property is in the hands of the auctioneer,
from the sale of the type, and a dispute exists as to flu.
right of the proceeds.

DLESEX SESSIONS.
(Before the ASSISTANT JUDGE and a full Bench of
Magistrates.)
Yesterday morning several prisoners were discharged
by proclamation. The grand jury having ignored the;bills
in 18 cases, the remainder being liberated owing to the
non•appearance of prosecutors or witnesses.
Ann Aked, a very old and infirm woman, was con-
victed of stealing a drinking glass, the property of
William Hart, the proprietor of a public house in John-
street, St. Luke's.
The Learned ASSISTANT-JUDGE said the prisoner, in
his opinion, was a practised hand, yet, in consideration
of her age, ho felt inclined to deal leniently with her.
She was then sentenced to six months' imprisonment.
Ann Bedford, was found guilty of stealing a
pewter pot, the property of Daniel Skully, a
licensed victualler in Kent-street, and sentenced to four
months' imprisonment.
Mary Anne Ryder was sentenced to six weeks im-
prisonment, for stealing eighteen yards of printed cotton,
the property- of Mary Duggan.
John Stringer was indicted for stealing t t 10s., the
property of Mary Anne Rawson.
It appeared that the prisoner and the prosecutrix lived
in the same house, and on last Thursday, the latter left
a purse in her room containing the above sum, which
she missed soon afterwards, and the purse was found
empty in the prisoners room.
A verdict of Guilty was returned, and the prisoner was
sentenced to three months' imprisonment.
Patrick Gray was indicted for stealing half a pound
weigh of bacon, the property of Robert Walker Ormston.
The constable who took the prisoner into custody
said upon searching him he found him to be a perfect
walking larder. Under his jacket and between his shirt
and waistcoat he was completely lined with rashers of
bacon, and in one skirt-pocket of his coat he had a piece
cf beef and some lard, while in the other was a quantity
of tea and coffee, and even his hat was filled with edibles.
lie also found 20s. in his trowsers pocket.
The jury found the prisoner Guilty, and he was sen-
tenced to four months' imprisonment, with hard labour.

On the 4th inst., died, at Bonn, in Prussia, Dr.
Reis, the oldest musical composer in Germany, and
father of the celebrated Ferdinand Reis, who died five
P years ago. The doctor was in his 91st year, and was
for a long time master of the chapel of
the Elector Maxi-
!nilian Frederic of Colo,:no, which has reckoned among
s members Beethoven, Reicha, the two Rombergs, and
many other artists of transcendent merit. Dr. Reis was,
not only the writer of numerous vocal and instrumental
compositions, but also the author of many recondite
works on the history and theory of xi-twin. ye ...IclS made
a doctor by the University of Bonn on the inauguration
of the monument raised to the memory of Beethoven,
whose intimate friend he was.

POLICE INTELLIGENCE.
BOW-STREET.
Ch-i,topher Walker, the Waterloo-bridge toll. collector,
remanded from Saturday upon a charge of ern!), zzle-
ment, teas again brought before Mr. Henry this
morning. Mr. Powell, solicitor to the Waterloo-bridge
Company, attended for the prosecution.
Mr. May, superintendent of the Essex county consta-
bulary, said that on the sth inst. the prisoner gave him-
self up to him (witness) at the Litchfield station, saying
that he was a toll collector to the Waterloo-bridge
Company, and had absconded with about 251. of their
money. He said that he had been in arrear, and had
been obliged to borrow 41. to make up a deficiency,
but having to pay the 41. on Saturday, the 31st
October, out of the Company's money, he was unable to
make up his accounts. In this extremity he absconded
with what money he had received during the day, and,
having been drinking ever since, he hardly knew where
he was going or what he was doing.
Mr. Bourne, assistant dirk in the Company's office,
said that on the 31st ult., the prisoner, having been on
duty from one o'clock on the day before, ought to have
accounted for moneys received before two o'clock. lle
did not account for them, however, and had not been
heard of-since. On referring to the check kept at the
gate,witncss found that 6,280 passengers had gone through
during the 24 hours in which the prisoner was on duty.
He must have taken from each of them ld., making in
all 121. Is. Bd. This, together with sums deficient
during the week, fix which he had sent in I 0 U's,
would make up 24/.195. 10c1.
Mr. HENRY could hear no evidence on that matter, as
no sums for which he had sent in I 0 U's could be made
the ground of a criminal charge. Hca.by acknowledging
that such sums were due, had made them a debt.
The prisoner when called on for his defence, said that
he had been in arrear all the week, but had sent in
I 0 U's, which was very commonly done. On Satur-
day, however, I 0 U's were not received, but it was
necessary to make up the accounts properly. Being
unable to do this, he became almost mad, and he did
not know what he had done since. Ile had lost 101.,
he could not tell how. He believed that the whole sum
deficient had been paid by a friend since he was in
custody.
Mr. Powell said that that was the case.
Mr. HENRY said that it made no difference. It was
no answer to the criminal charge to ray that since the
offence was committed the money had been returned.
The prisoner was committed for trial, and he (Mr.
Henry) thought the Company ought to prosecute, not-
withstanding the payment of the money.
MARLBOROUGH-SRTEET.
William Biggs was placed at the bar yesterday morning,
charged with wilfully smashing a window, and carrying
off a gold watch case, value 31.
John Stevens, errand boy to Mr. Harborow, glover,
15, Cockspur-street, said he was passing up Great Wind-
taill-etreet between five and six o'clock, and saw the
prisoner stand at Mr. Joel's window, and push his elbow
through the glass and carry off a watch-case, which was
hanging opposite. He ran after him, calling out " Stop
thief !" till he passed through Greek-court into Peter-
street.

John Joel, watchmaker, 28, Great Windmill-street,
sail he was in the adjoining shop to his own yesterday
afternoon, and hearing a crash at his window he ran cut
and saw the glass was broken, the watch-case stolen
from the nail, and the defendant running. He pursued
him into Peter street, where he overtook him lying on
his back in a dark corner. The prisoner immediately
said complainant was mistaken; lie was not the man, and
offered to be searched. Complainant refused to do so
himself, and gave him into custody.
Police-constable 130 C, said he took the defendant into
custody, and on searching him at the station found the
ease in his shoe.
The defendant was committed for trial.
Ann Sinnct was charged with stealing a hood and
scarf, the property of William France.
William France, undertaker, 2, Danmark-street, said.
he had to furnish out a large funeral in Monmouth-court
on Tuesday, and after the corpse had been lifted on the
shoulders of the bearers, as he observed one of the
mourners rather tipsy he took away from her a hood
and scarf. The prisoner, who was standing among the
mourners, offered to look after the articles, and to put
them in his bag. When he returned, however, from the
funeral the hood and scarf could not be found, and he
was ndel the woman had taken them away.
Eliza Middleton heard the prisoner volunteer her ser-
vices, and saw her, when the funeral moved away, put
the hood and scarf under her shawl, and leave.
Mr. HanDwicx remanded her till Friday, to see if the
muslin hood and scarf could be traced.
CLE R.K EN WEI. L.
A young woman, named June Kidney, was charred
with stealing a number of trusses, patent surgical tran-
(Juges, and also a quantity of material used in the manu-
facture of such articles, the property of her former em-
ployer, Mr. Samuel Smith, of Holborn-bars.
The prosecutor stated that he carried on business as a
surgical instrument and truss maker, and was in the
habit of employing a number of females, in sewing and
preparing the bandages and paddings, amongst whom
were the prisoner, and he had given strict orders to all
those persons that they were on no account to remove
any materials from the premises. On last Saturday
week the prisoner left his employment, and he
missed a quantity of leather, silk-lining, and
bandages, as well as some steel-springs, and
trusses, amongst which was a patent one of a pecu-
liar construction, and his suspicion having fallen upon
the prisoner, he caused her lodgings to be searched,
when the articles above-named were found in her bed-
room. The prisoner then said she had brought them
home, in order that she might finish them in after hours.
The, prisoner, who, when called upon for her defence,
repeated the statement, was committed for trial, but will
be brought up again on Tuesday next.
SOUTHWARK.
John Hay, a tradesman of Croydon, was charged with
intruding himself into a railway carriage while intoxi-
cated, and with other misconduct.
John Hamilton, a policeman of the Croydon Railway
Company, stated that on the preceding night the de-
fendant came on the platform, and it being observed that
he was under the influence of drink, he was informed
that he could not be permitted to enter a carriage. He
however insisted, and with difficulty he was prevented,
and removed outside the platform; he, however, managed
to get back again, and before there was time to prevent
it, he threw himself bodily into a compartment of a
second-class carriage, and lay at full length along
one of the seats, with his feet in a lady's
lap. The passengers called out for the re-
moval of the drunken intruder, and a second
time he was removed. Much trouble and confusion
was created on the platform in the effort _to
save him from accident on the moving of the train. At
length it was found necessary, for his own safety, to take
him into custody,
Defendant-1 was intoxicated, and have no recollec-
tion of what I did, and can only express my regret that
I should have acted as represented.
Mr. SECKER eulogised the conduct of the Railway
Company, in not permitting persons in the condition
the defendant was described to be from entering their
carriages. The defendant was proved to have been
guilty of great misconduct, for which he should inflict
on him a penalty of 205., and in default of payment
commit him for 21 days.