The Sun.
London, England, 1846-06-15 00:00:00

PRIVY COUNCIL.-(THIS DAY

The Judicial Committee of the Privy Council sat to-day
at the Council Chamber, Whitehall.
The Lords in attendance were Lord Brougham, the
Master of the Rolls, the Judge of the Admiralty Court, and
the Chancellor of ie Duchy of Cornwall.
Their Lordships were occupied the whole morning with ap-
plications for the extension of patents.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings in Banco.)
STOKES V. BAYCOTT.

This is a case arising out of the occupation of a common
in Shropshire, entitled Nudge Heath, in the parish of Pat-
tingham, held by the defendant. An action was brought by
the plaintiff to deprive the dpfandant of possession, and the
case was tried at the last Shrewsbury Assizes, before Mr.
Baron Parke, when a verdict was given to the defendant.
On a previous day Mr. Sergeant Talfourd obtained a rule to
show cause why the verdict should not be seti aside on the
ground of misdirection, and the case was argued this morning
at some length. _ _

The Court decided against the rule and in favour of the
direction of the Judge. The rule was accordingly dis-
charged,

(Sidings in Nisi Prius, before Mr. Justice WIGNITINIAN and a
Common Jury.)
QULNNEY v. ILEY AND OTHERS.

The Court was occupied the greater part of this morning
with this case, which was an action to recover damages for
false imprisonment. The plaintiff, on the charge of stealing
grasa, had been committed to custody, but was subsequently
discharged, no grounds for proceeding against him being dis-
covered ; in consequence ne brought the present action to
recover damages. The jury after a short consultation gave
a verdict for 40s.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner SHEPHERD.)
1N RE WALLER AND WALLER.

IMPORTANT QUESTION OF PARTNERSHIP AND BREACH OF
Tausr.--These bankrupts, who had carried on business as
grocers at Ipswich, came up to pass their last examination,
and the same time was appointed for declaring a dividend.
'I he last examination had been adjourned sine die in con-
sequence of the accounts not having been filed, which was at
the time shown to be in consequence of the poverty
of the bankrupts, and there being no assets in hand
out of which they could have an allowance ; a
suns of 700/. having been recovered, the bankrupts were
allowed to come up at the expense of the estate; but were
still unprepared to pass their last examination, as they had
not the means of paying the accountant to file the balance
sheet. A further adjournment of the examination and
dividend was, therefore, prayed for, as it was contended that
the balance-sheet might show a very material difference in
the assets to be distributed under the joint estate.
From the facts stated during a -long argument, it ap-
peared that the business had originally been carried
on by Thomas Butterman Waller, who, however, sent letters
to some of his creditors, stating that he had taken his brother
Thomas into partnership. Yet nevertheless Thomas made
an assignment of the property as his own, for the benefit of
his creditors, to Messrs. Alexander, of Ipswich, and they
realised the property. An action, however, was brought, in
which the issue of partnership was raised, and the verdict
established the partnt rship. Messrs. Alexander then paid
over the 700/. they had received, and the separate creditors
now sought to prove under the joint estate. Mr. Lawrence
appeared to support their interests.
Mr. RUSSELL, the solicitor to the fiat, said Thomas Waller
had dealt with the property as his own, the assignment was
duly attested and advertised, and by the lapse of time, six
months, afterwards became a valid assignment; if therefore
Messrs. Alexander had handed over to the assignees that
which belonged to the separate estate of Thomas Waller, they
were liable to the separate creditors for breach of trust, and
moreover that the creditors never trusted or had a claim
against the joint estate, but it was a great question whether
they could come in and prove under the joint estate. He
was engaged for the fiat, but wished to see everything cleared
up, and no opposition would be made by him to any course
the Court felt disposed to sanction.

Mr. LAWREN6E said this Court could not try the question
of partnership although it could direct an issue ; the cre-
ditors generally had no idea that a partnership was in exist-
ence ; surely, however, taking it there had been one, the per-
sons giving credit to the partners under the presumption
that it was to the individual, had a right to come in and
prove under the facts existing.
The Learned COMMISSIONER said that he should adjourn
the examination and dividend for a month, to ascertain
whether there was any separate estate, which appeared to
him to be the question, as in fact the partnership had been
made out on the issue tried.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.

These sessions, the eighth during the present Mayoralty,
were opened this morning before the Recorder, and Alder-
men Gibbs, Musgrove, Sir Chapman Marshall, &c. I'he
total number of persons committed to take their trial is 180—
for murder, 1 ; manslaughter, 2; rape, 1 ; cutting and
wounding, 7; misdemeanour, 4; larceny, 119; robbery, 2;
forgery, 7.
The prisoners committed in London are 21, Middlesex,
118 ; Essex, 2 ; Kent, 9 ; Surrey, 30.
The grand jury having been sworn in,
The REcoitnErt proceeded to charge them in the following
words :—Gentlemen of the grand jury,the number ofprisoners
committed to take their trial appears by the calendar to be
180, and that number will probably be augmented during
one charge of murder : in ordinary circumstancesl should have
felt it my duty to enter somewhat into the features and
the progress of your labours here. The calendar containsa,e
feel it is of such a
de-
positions made in that case, I think you will
that you will
nature and the details so plainly laid down,
liaritise of that charge before yon ; but on looking
f further
think it your duty to put it into the
coursecutting and wounding
inves-
tigation. There are, seven ofcasessang
has formerly
d endanger life; and I cannot but
with instruments that would en
I have been called on to make
repeat the observations that
of the knife and of sharp instru-
ments, frequently, that theuse._
life,
is a crime unfortunately on
ments, to the endangering f
particulars show that intemperate
and the
the increase,
have been generally connected with
charges of larceny,
habits and public-houses
nout otfhwishat
tations of the dispositionto crime. Whether
into t hPe
thes3 marite
are many
• e has been visited have created the opinion
Itoebeentdone in this Court, whether the sentences with which
this crime
of impunity, I know not ; but it is unhappily on
the increase. There
and larceny in the case of servants, and offences that relate
to coining; in all these the depositions set forth matters of
h thiss frequencyhasaris
fact, but not anything on which you require any direction.
In any matters, however, in which you think questions of
law arise you may always consult the Court, and you have
besides the advantage of an able officer of the Court, to whom
you may apply in cases of difficulty. In the Court of Queen's
Bench the chief clerk of the Queen's Bench officer has been
resorted to When eccaeion seemed t 9 demand it, tr le grand

,Y th,

juries assembled there, and though that practice has existed
for years with the knowledge of the Court, it has been al-
lowed to continue without observation. The grand jury,
then, assembling here may have the aid of the Court, if they
should deem that necessary. There are two charges of man-
slaughter and two of robbery. One of the cases of manslaughter
comes before the Court from the coroner's inquest. The
death on which this charge is founded occurred beyond the"
jurisdiction of the Court, but the Act 6 and 7 of Victoria
c. 12, " for the more convenient holding of coroner's in-
quests,"gives the coroner within whose jurisdiction the body
is lying authority to hold the inquest. (Here the Learned
Recorder read the words of the section and proceeded.) But
this Act of Parliament, though it affects the jurisdiction of
coroners, has no reference to grand juries to give them
power to try cases which have happened beyond their juris-
diction. The Cunt, however, can try it on the coroner's
finding, and I think the parties will not send the
bill before you. I thought it proper to remark
upon this case, a case in which ighorance is alleged
against a person practising hydropathy, and thereby en-
dangering life, that you might be aware of the grounds on
which the Court could dispose of a case, the depositions in
which come direct from the Coroner's Court, without pre-
viously passing before you, Gentlemen, you are aware that
it is necessary, in any presentment from the•grand jury,
that not less than twelve of your number must agree in that
presentment--that it must be made by not less than the ma-
jority of your number, for the law does not allow anybody
to be put upon their trial by a less number than that which
constitutes the petty jury. Whatever, in any case before
you, remains unanswered or unexplained, and which would
warrant further it vestigation before a pettyjury, it will be your
duty to put it in the course of further investigation. On the
other hand, where a case is supported only by evidence which
appears to be frivolous, you will not act on such evidence,
but shelter the parties from being put upon their trial. At
the same time where the evidence first laid before you is not
satisfactory, you will call for more, and continue to do so
until you exhaust all the evidence in the case; for, as the
facts are sometimes laid before magistrates, the most im-
portaut and decisive may not have been deposed to first, and
through precipitate decision on the part of grand juries the
guilty have escaped—and yet it is no release to the parties
charged, for new bills are filed against them. But let me
add if the evidence satisfies you in the outset, you need not
go through the testimony of every witness. With these
remarks. I leeve von to the discharge of your duty. You
will not find it arduous, and if you require it, you will take
advantage of the Court, which will render you every
assistance in its power.
The rest of the morning was occupied with swearing the
petty juries.

BRIDPORT ELECTION.
(THIS DAY.)
The Committee on this election met to-day at twelve
o'clock, to inquire into the circumstances connected with the
improper transfer of certain votes taken in the recent elec-
tion, and especially the vote of Mr. Win. Rockett. On the as-
sembling of the members the room was cleared of all parties
but the Committee, and the proceedings conducted with
closed doors.

RAILWAY COMMITTEES
(THIS I)AY).

HOUSE OF LORDS.

DIRECT LONDON AND PORTSMOUTH,
GUILDFORD, CHICHESTER, PORTSMOUTH

JIND rilianxisim.

The Connnittee on these competing Bills resumed their labours at
eleven o'clock this morning. They met in room B (New House of
Parliament). Lord Beaumont took the chair, and all the members
were present.

Mr: TALBOT, on the part of the

=RICCI LONDON AND PORMSMOUTEr,
proceeded to call Mr. W. Cubitt, jun., the engineer to the line (con-
jointly with his father), who gave the usual engineering evidence.
In cross-examination by Mr. MEAEWETHEa on the part of the Guild-
ford and Chichester Company, he said that it was proposed in the first
instance to work the line by locomotive power, but If the experiments
now going on as to the applicability of the atmospheric principle
ended favourably, the atmospheric power would be adopted for the
working of the line. There was a gradient of 1 In 80 for 14 miles,
and another of 1 in 100 for nearly 25 miles. It would not be neces-
sary to have the engines constructed in a different manner from
other engines. It would require the diameter of the driving wheels
to be not more than 5 feet 6 inches. This would not be too small to
run at the ordinary speed on the more level parts of the line, al-
though a greater speed would be obtained if the driving wheels were
of greater diameter.

HOUSE OF COMMONS.
GROUP 11.
CORNWALL.

The Committee met at the usual hour, Viscount Morpeth, chairman.
Mr. Bidder was examined this morning. His evidence was merely
corroborative of the statements of Mr. Locke, with racerence to the
difficult nature of the cu 7ves and gradients, and the superior advan-
tages afforded by the central districts of the country for the con-
struction of a railway.
Captain Beaufort, the hydrographer of the Admiralty, considered
that the bridge over the Admiralty ground should be at least 100 feet
clear in the headway.

GROUP XIII.
This Committee: met to-day at twelve o'clock ; Sir W. Clay in the
chair.

AYRSHIRE AND GALLOWAY.

The case of the landowner s' opposition to this line was resumed.
Capt. Robinson was re-called and cross-examined at some length
with the object of showing that Balcarey Bay with a moderate ex-
penditure might be made a good harbour cf refuge. There was no
point elicited that differed materially from his examination in chief
given on Friday.