The Sun.
London, England, 1846-04-17 00:00:00

IN RE SMITH:

Mr. KIIIDERSLEY presented a petition en the part of
gr. Smith, praying for the payment of certain sums of
money in Court to the credit of this cause.
This case, which occupied the remainder of the day,
has been before the Court at least a hundred times; and
had reference to the taxation of a bill of costs. The
facts ~f the t a .e have already appeared at such consider-
attle lenztb in The Sun as to render unnecessary any
&tad of its peculiar features.

COURT OF EXCHEQUER, April 16.
(Sittin.o in Banco.)
BEYNON V. 3IARGARET JONES.
Mr. V. Williams having obtained a rule, calling upon
p'n miff to show cause why the order obtained at
ehawb-rs, before Baron Rolfe. for the liberation orde-
fendant from custody of the sheriff of Carmarthen, should
not be st-t aside.
Mr. GRAY showed cause, and argued at great length
in favour of'the order. He contencled, that there was no
difference between the present case, and the common one
against husband and wife, in which, as a matter of favour,
Lb ugh not right, the practice usually was to liberate the
wife. There was no ground whatever shown for a depart ure
fr-,u3 the usual course. The circumstance of the de-
fendant hating been married before judgment was ob-
tained, did not abate the action. In the case of King v.
:Jones, where an application was made of the sLine
nature, the application was made, not on the ground of
defendant having no separate maintenance, but on the
gratin I of irregularity.
The COURT took time to consider.

COURT OF QUEEN'S BENCH, April 16.
THE QUEEN V. BARNARD GREGORY.
This was a prosecution on an indictment against Bar-
nard Gregory, editor or the Satirist, for a libel published
in that paper on, and affecting thecharacter of the Duke
of Brunswick. The Duke, who conducted his own case
at the time of the trial, was this morning in Court long
before the rifting of their Lordships, and took his place
within the bar, the place allotted for the Queen's counsel.
Ile was in communication with his solicitor until their
Lordships took their va's upon the bench.
Mr. Sergeant TALFOURD now entered and took his
attar close to the Duke, with whom he exchanged a few
words. The Learned Sergeant then rose, and said he
was instructed to apply to the Court to have judgment
pls,v-d upon the defendant, but he now understood that
the jury panel was not in Court.

The LORD CHIEF JUSTICE—The judgment is not
signed, and the jury panel is not in Court.
The case was thr n postponed for a few days, when
the defendant, who was in Court, attended by hii so-
licitor, will be brought up and judgment will be vo-
n )unced.

THE QUEEN V. PELHAN.
The defendant in this case, Mrs. Harriet Eleanor Pel-
ham, was convicted some time back, before Mr. Justice
Williams, upon the second and third counts of an indict-

which charged her with cruel and wilful neglect,
and close confinement of her illegitimate son, Brent
Spencer. The case again part-heard yesterday must
still be fresh in the recollection of the public from the
disgu4lng and filthy state in which the young man was
found, and from its many other strange and peculiar
features. The prosecution, it will be recollected,
was instituted by the parish officers of Chelsea,
oho discovered that the defendant had her
son confined in her own house in the manner
laid in the indictment and obtained a magistrate's
warrant at Queen-square Police court to make search

into the neitter. Ttie officers of police thus authorised
en Bred the defendant's house, where they found defen-
dant end another son of hers, who were indignant at
the , fficers entering the house, and questioned their au-
therity. On entering the room where Brent Spencer
w s confined, they (the officers) were disgusted with
the state in which they found the young man, rep re- MIDDLESEX SESSIONS,
e :reel:reelby his mother and brother to be a lunatic. ile (Before Mr. Sergeant ADAMS, Assistant Judge, and a
w .e: stretched upon a litter of the most filthy descrip. Bench of M. ieistrates.)
tie. Ile sit up ind stared wildly at them when they Joseph Allen and Charles West, two young men, were
entered, his whole appearance indicating that of a rt., indicted, charged with having committed an assault on
gle IA idiot. His mouth and chin were thickly covered Mr. Joseph Gibbon, son of the late Sir J. Gibb.m, Bart.,
wishwi, heart. The bed covering was thick with vermin, one of the magistrates of the county of Middlesex, on
an t tee mettrass on which he lay, when taken up by the the 20th ult.
offs Nee fell to pieces, bine, thoroughly rotten from soil, Mr. O'Brien was counsel for the defendants.
ee;c. The room in which this scene of misery was eehi. In the course of the proceedings it appeared that the
b,ted, rind which was most offensive in smell, was almost prosecutor, who is the son of the late and uncle of the
da, k. the w;nd.)w, which was secured on the outside present Sir J. Gibbon, for many years a mest active
with iron bars, being so thickly covered with dirt, as to magistrate for the county, is in the possession of a con
tereetly exclude the light. The flour of the room was siderable property, and has for the lest ten or twelve
also covered with. a .caked layer of dirt, defying the YPers devoted the principal part of his time to the
,officers to tell what it (the floor) was composed of. In Watching and searching out the most notorious of the
this melancholy state the young man had barn confim d thieves who infest the metropolis, and in procuring
fir a space of ten years. There was a night-chair in their apprehension and conviction. It happened that
Cie ro. co, but it did not appear that he at all made use some months since he had caused the apprehension
of it. The officers removed him to the workhouse, where of the defendant West, who was subsequently
the necessary care was taken of him. taken to the Clerkenwell Police-court, when the magi;
_ The testimony of the medical officer of the WOI k- trate sentenced him to three months' imprisonment.
bootie was winasansr,newhat is favour of the defendant, the On the afternoon of the 20th ult., the prosecutor
good u.a_t_ , Brent Spencer,. appearing to him to be in chancing to be wiplking along George-street, Bloomsbury,
t h and plump is flesh ; and it further appeared ebserved that he was followed and watched by two men,
that he did not; after' the Rea
la lin the ward-for he acrd
use the night t hair who afterwards proved to be the two detrulants. After
however, he was occasionally; heard
In the ward, proceeding some distance on his way they came towards
streked his beard, "- Whates-sh e eijate,amey—o= g' as
mail, him, when West, holding up his first, said, " You are the
—; I'll give it you," and was apparently
such as I am, should be kept in confinement as I have ofstriking him, but observing that
policeman on the paint
was
been." He aas understood to be- the illegitimate
son of coming towards them, both ran off. Mr. Gib.hpopnrog„
jaaver
t'le late General Spencer, and to be indirectly connected instructions to the policeman to pursue and
taken. Mr. Gibbon there-
! West, who was ev i ally
with a noble family.
cht of the preciSe
opening a conver.
since the conviction of defendant, Mr. Edwin James upon came up, andel'u•
(~,ith whom was Mr. Phinn), obtained a rule nisi, 'Me &dein with the
m aletoadgewthheierhit:iesielend-
Polioe wasmann onthetheset of,
arre-t of judgment', and for a new trial. In support 4 charge, when he received a blow onsutliiiew
the applicition fur arresting judgment, it was contended h;ne to the ground, and rendered hi
that the ,econd count of the indictment was bad, b4_ sible for some time.. This blow was proved, by the
caiist• it did not &lege in terms any ditty which oblipid 1).4k-email who had taken him into custody, to have been
the defendant to take care of her grown up illegitimate given by Allen.
son after he had reached •the age of 21 years; nor arty Mr. O'BRIEN, in addressing the jury on behalf of the
facts from which the law would infer the existence fie defendants, contended that the course which the prose-
any such duty; and the third count was bad, becaust, tutor had adopted was calculated to produce very con-
theugh it alleged the duty, it did not allege any special siderable mischief, from the fact of his ast,wuhrninee to do
ich
injury as the result of the neglect of that duty: There that without any proper or legal authority
ought
was also no proof that there had been an imprisonmeht not to be done by any other persons than those who
of Brent Spencer by any restraint cruelly acd unneueS- been appointed under the authority of the law. TV,
serdy exercised by the defendant. fact was, Mr. Gibbon had been playing the part of an
Mr. WATSON, Q C., yesterday showed cause againi3t amateur policeman.
the rule, and in support of his arguments cited a ntip- The JUDGE said it was altogether a matter of taste.
bee i,f authorities. In the course of the Learned Gentl- This was Curious taste, no doubt, which had been carried
netn's arguments, it appeared that the defendant received out by this gentleman, but it, had for some time become
491 per quarter, payable through Coutts's Bank, for the a- matter of notoriety that Mr. Gibbon had been the
care and maintenance of the lunatic—a noble family di- cause as well as the moving instrument by whose ener-
recting the payment. The Learned Gentleman urged getic exertions very many of the worst of the metro-
that it; during the imprisonment, the lunatic (who wits politan thieves had been apprehended, and subsequently
not c ipsble of taking care of himself.), had lost his 1;34 convicted. That being the case, it was not to be antici-
ky .h ! f xurctse of neglect of the duties which the 1 pated or expected that he had become an object of very
ire;eosed, such as not feeding him, or other indirect iii. I particular endearment to the thieving fraternity. Al.
jury, the case would be one of manslaughter against t e though Mr. Gibbon had been thus occupied in his pur-
suit, he had never heard that he hail upon any one ocea-
defendant, who had undertaken the proper care of hi .
Ile considered the decision of the jury good ; an , 1 sion lost himself as a gentleman, and he had undoubtedly
tt,evefore, h„ pod the verdict would not be disturbed. . rendered a great public service. By the course he had
Mr. Pities was yesterday :Tart heard in support Of adopted, however, he had made himself a marked man
the ride for arrest of judgment, and for a new trial, end amongst the thieves of Leedom
this noirilin Mr. Gibbon here stepped forward, and said that it was
g resumed and concluded his arguments. ' ;
He was followed by Mr-James after which their ; a propensityT he laboured under, and could not help it.
Lordships looked into • indictment,then elided from Mr. Gibbon that he had
the and conferred It was together for some rime. 'I received or accepted any of the expenses allowed
never
The CHIEF JUSTICE then i
said t was better to tare by the county.
time to consider the matter. I I Mr. O'BRIEN then resumed his address to the jury,
Their Lordships ' decision was consequentl. ' - ' and submitted that the greatest inconvenience as well as
peril could not but arise from the exercise of this gentle-
mans 'particular fancy for enacting the character of an
amateur policeman. He was an irresponihle person,
not like the police, all of whom were amenable to and
governed by a certain co de of laws. Not so with an
amateur constable. Ile contended that even if the pro-
secutor had been struck in the way he had described, he
had simply been subjected to that inconvenience and
treatment which a man was liable to if he interfered in

defern

COURT OF COM.WOIV PLEAS, April 16.
(Sittings in Banco.)
HARRISON V. HAMPSON.
Me, Sergeant MANNING moved for a rule for a n w
tria,itt. this case, on the ground of misdirection. e
case wag tried in the last. sittings after term, before 1, r.
Ja,tice Erle, and was an actiur brought by the Rev, r.
Harrison,,scctor of s parish neat 'Taunton, to recover pos-