The Sun.
London, England, 1846-11-05 00:00:00

on both sides. His Lordship was obliged to leave the
town before the jury came to a decision, in order to
attend the sessions at Mold. The jury were entrusted
to the custody of ':tr. Herne, the bailiff, who, when they
became hungry allowed them to have wine and sand-
wiches. They aferwards were allowed to have a re-
gular dinner in the hall, of the court, where letters
and various other things were brought to them. Not
feeling much inclined to come to a decision whilst sup-
plied with such good fare, they had beds made up in the
hall, and next morning were supplied with a public
breakfast. They then expressed a whh to come to a
decision, and agreed to meet his Lordship on the confines
of the county (Denbighshire) ; and on his Lordship's
consenting, they were taken to an inn called, by a strange
coincidence, the " Loggerheads." Here Lord Denman
met them, and although the attorneys of both the plain-
tiff and defendant were present, the counsel and the
principals in the action were absent. The foreman of
the jury (a Mr. Cundiff) inquired of his Lordship if
possession of the right of way, by permission, for 20
years, gave an absolute right for the future. He replied
in the negative. The foreman then inquired if a road
had been used for twenty years without permission, if
that would give a right. He also replied in the negative.
They then found for the defendant. It appeared, how-
ever, that the defendant had used the road for more than
20 years.

of importance, and he would speak to his brother Com-
missioner. On his" return, he said that he was strongly
of opinion that no sufficient excuse had been
offered by the assertion of privilege. As so
igh an officer as the Master of the Horse
had thought it proper to send counsel down to argue the
case, and had no doubt taken the opinion of the At-
torney or Solicitor-General on the subject, it became his
duty strongly to express his opinion that he had not only
the power, but it was his duty to compel the attendance
of the defendant. He would adjourn the case till this
day week.

The ATTORNEY-GENERAL now applied .for a rule to
show cause why the verdict should not be set aside, and
entered for the plaintiff. He grounded his application
on the fact that the plaintiff had held possession of the
way for 38 years, and that, according to the construc-
tion of Wm. IV. c. 71, twenty years' occupation, without

interruption, gave an absolute "right of user." He cited
authorities in support of this, and held that, considering
the whole facts of the case, the plaintiff was entitled to a
new trial.

Lord DEN➢IAN, at some length, referred to the notes of
the case. It appeared, he said, Mr. Horne was a very
hospitable person, and had treated the jury with consi-
derable kindness ; but the jury, when they appeared be-
fore him in the morning, .appeared full of the subject,
and not affected by the good treatment they had re-
ceived. It appeared, also, that Mi's Williams had
asked leave to carry furniture over the road, which was
a very bad one, and that, subsequently, it became the
usual road which they and their friends traversed in
going to and from the house. The Court would con-
sider the application.

BAIL COURT.-(THIS DAY.)
(Sittings in Banco, before Mr. Justice PATTESON.)
LEMAGE V. OLDROYD.
Mr. THOMAS moved to set aside a nonsuit which had
occurred in a case tried before the Under-Sheriff for
the county of Middlesex. The Learned Counsel said
that the grounds on wnich he moved would at once
establish his claim to a rule. There were two causes on
the list in the Sheriff's Court, the same plaintiff against
different defendants. These causes stood second and
third. The actions were brought for money had and
received. In the case which preceded these causes, the
learned counsel engaged were not quite ready, and he
(Mr. Thomas) was asked to proceed with his cause. He
consented, on the understanding that all his witnesses
were in court, but on calling a most material witness to
prove the delivery of the money, he found that he was
absent, and a nonsuit was at once entered. The other
cause was then called on, and the witness being present,
a verdict for the plaintiff was obtained upon his evidence.
It appeared from the affidavit made that the witness,
who was an attorney, had been requested to step into
his office close by, and fetch some papers, and while he
was gone the cause had come on. He had been sub-
pcenaed by both plaintiff and defendant, and a tender of
the costs of the day had been made to the other side, if
they would permit the cause to stand over for
a short time, but the opposing counsel lied
no mercy. He believed that a motion was also going
to be made in the other case where they had obtained a
verdict, as the other side were equally unprepared.
There was every intention of proceeding to trial on both
sides.
Mr. Justice PATTESON—Take a rule.
(Sittings at Nisi Prius.)
LAUDER V. JACKSON.
This was an action to recover the sum of 571. 18s. for
goods supplied by-the plaintiff to the defendant.
It appeared from the statement of counsel, and from
the evidence that the plaintiff is connected with a com-
pany entitled the Wenham Lake Ice Company, and the
action was brought for ice and refrigerators supplied to
him. The defendant had on being spoken to admitted
the justice of the plaintiff's claim, and had promised to
pay it in a short time. As he did not keep his pro-
mise the present action was brought. The defendant
had pleaded a special set off of 371. 145., stating that he
had given an order for 29 refrigerators to be supplied
within 24 hours, and that amount of loss had occurred
to him in consequence of their not having been supplied
within the time agreed upon.
Mr. Justice PATTESON then summed up, and the jury
returned a verdict for the plaintiff for 57/ 18s.

COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco.)
VAUGHAN V. HANCOCK.
Mr. CROWDER moved for a rule to set aside the non-
suit in this case and grant a new trial. It was tried at
last Bristol Assizes, before Mr. Justice Erle. The ac-
tion was brought to compel the fulfilment of an agree-
ment fur the purchase of a public-house. The defence
was that the agreement being a verbal one was void by
the statute of frauds. The Learned Counsel contended
at great length that the statute of frauds did not apply
in this case.
The COURT refuted the rule.
LAMBERT AND 'ANOTHER V. MILNE.—THE OXFORD, WIT-

NF;Y, CHELTENHAM, AND GLOUCESTER RAILWAY.
Mr. MARTIN, Q.U., moved for a rule to show cause
hy the verdict given in this case for the defendant
should not be set aside, aad a verdict entered for the
plaintiff fur 1,0391. 13s. 6d., or a new trial. The case
was tried at last Newcastle Assizes, and under the direc-
tion of the Learned Judge a verdict was entered for the
defendant. The plaintiffs were lithographers, at New-
castle, and the defendant was a provisional committee-
man of the Oxford, Witney, Cheltenham, and Gloucester
Railway, and the action was brought to recover an
account due, for preparing the plans, sections, &c., of the
company. A person of the name of Potter gave
the order, and the work was executed under the superin-
tendence of Mr. Nicholson, the engineer. Now it had
been-proved on the trial that the defendant was a pro-
visional committee-man of the company from the be-
ginning, and that he had acted as such ; but it was de-
nied that he had been a party to giving the order in
question, or was on the committee of management at
the time. The real point at issue was whether the
general provisional committee•men were liable for the
pecuniary engagements of the committee of manage-
ment. The Learned Gentleman concluded by giving a
number of cases iu which it had been so ruled. At
present, with respect to some evidence, according to the
particular view of a judge, a verdict in any one of these
eases could be obtained for either plaintiff or defendant.
What Mr. Baron Rolfe ruled to be in favour of the de-

fendant, Mr. Justice Alderson and others had decided to
be for the plaintiff: Such was the state of conflict at
present.—Rule granted.

PRICE V. BELCHF R. --THE RETURNING OFFICER OF

ABINGDON.

Mr. WHATELY, Q.C., moved for a rule to set aside the
verdict in this case for the defendant, and enter it for

the plaintiff for 40s. The action was tried at the last
assizes for the county of Berks, before Mr. Justice
Maule, and the verdict was given for the defendant, with
leave to move. The plaintiff was a Dissenting minister.
the defendant the returning officer of the borough of
Abingdon ; and the action was brought against the
latter for refusing the vote of the plaintiff, on the occa-
sion of an election in 1845, when Mr. Frederick Thesiger
was made Attorney-General, and also with denying a
scrutiny. It was proved on the trial that the plaintiff
had removed from Abingdon to Gravesend, and the vote
was alleged, in consequence, to be bad ; but, admitting
this to be so, he (Mr. \Vhateley) denied that the return-
ing officers had, under the Reform Act, the power at an
election to strike any name off the register, or refuse any
vote named in it.

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Rule granted.
BAKER V. DLARICITT.—STOCK EXCHANGE PROCEEDINGS.
Mr. WHITEHURST, Q.C., moved for a rule to set aside
a verdict given for the plaintiff in this case for
1,031/. Os. 5d., and for a new trial in an action tried
last sittings, aft, r term, at the Guildhall, before Mr.
Justice Erle, and on the grounds of the improper recep-
tion of evidence - and also that the verdict was against
evidence ; alto he moved to show cause why the da-
mages should not be reduced to 9621. 10s. The action was
brought by Mr. Baker, a sharebroker, against Mr.
Blarkitt, a gentleman residing at Gamsborongh, for the
purchase-money of 550 East India Railway Shares. The
price of each share was laid at 1/. 155., with 2s. 6d. per
share for brokerage and allowing the account to stand
over till the next settlement day. 962/. 10s. was the nett
price of the shares. The Learned Gentleman went into
a variety of details, to show that the defendant gave the
order through a person named Stark, who negotiated
with Baker, and that he had expressed his willingness to
settle with Stark, who owed him a considerable balance,
but refused to recognise Baker ; also to show that seve-
ral points of evidence against the defendant had been ad-
mitted by the Learned Judge, which ought to have been
rejected. The defendant likewise denied that any such
company as the East India Railway Company was recog-
nised by the statutes re!ating to joint•stock companies.

THE SUN, LONDON, THURSDAY EVENING, NOVEMBER 5, 146

COURT CIRCULAR.
WINDSOR, WEDNESDAY.—Her Majesty and Prince
Albert took their usual morning walk.
Prince Albert, accompanied by the Duke of Pedford,
the Marquis of Exeter, Earl Spencer, the Right Hon. C.
Wood, and attended by Captain the Hon. Alexander
Gordon, Equerry in Waiting, enjoyed the sport of
shooting. _

Royal
The Royal Family took their accustomed exercise this
morning. Her Royal Highness the Princess Helena was
taken an airing to-day.
Mr. and Lady Mary 'Wood left the Castle to-day.
Her Majesty and Prince Albert rode out tlis after-
noon in a pony carriage and pair, the Prince driving.
In a second carriage were the Duchess of Bedford,
the Marchioness of Exeter, the Countess Spencer, and
Lady Portman. The Equerries in Waiting to her Ma-
jesty and his Royal Highness attended on horseback.
The royal dinner party at the Castle this evening will
include the Duke and Duchess of Bedford, the Marquis
and Marchioness of Exeter, and the Earl and Countess
Spencer. _ _ _

'The band of the Scots Fusileer Guards attend during
dinner. Her Majesty's private band afterwards attend
in the Castle.

Her Royal Highness the Dac:,ess of Gloucester ar-
, rived at Gloucester House on Tuesday, from Richmond.
A deputation from the London Missionary Society,
consisting of Mr. Sheriff Challis, Mr. Combs, Rev. Dr.
Morrison, Rev. John Burnet, and the Rev. Arthur
Tidman, (secretary), had an interview with Viscount
' Palmerston at the Foreign-office yesterday.
The Earl of Auckland gave a dinner to the Cabinet
Ministers yesterday evening, at his residence in the Ad-
miralty. The Marquis of Lansdowne arrived in town in
the afternoon, from his seat Bowood Park, Wilts, and
joined his colleagues. The Lord Chancellor, Lord John
Russell, the Earl of pinto, Sir George Grey, Viscount
Palmerston, Earl Grey, the Chancellor of the Exche-
quer, Sir John Hobhouse, Lord Campbell, Viscount
Morpeth, the Earl of Clarendon, and the Marquis of
Clanricarde, were also present.
The Ecclesiastical Commissioners had a general
meeting yesterday. There were present the Archbishop
of Canterbury, the Bishop of London, the Bishop of
Ely, Lord John Russell, the Judge of the Prerogative
Court, and the Right Hon. H. Goulburn.
A deputation from the directors of the Windsor,
Staines, and South-Western Railway had an interview.
with Viscount Morpeth on Tuesday, at the office of the
Woods and Forests in Whitehall-place. The deputation
consisted of Colonel Wood, M.P.; Mr. Lacy, Mr. Bed-
borough, Mr. Chadwick, Mr. Horne, and Mr. Drake.
A deputation, consisting of Captain Bulkeley, Chair-
' man of the Windsor Railway ; Mr. C. Russell, Chair-
man of the Great Western Railway ; Messrs. Fowler,
Davis, Roberts, and Darvill, of Windsor ; and Mr. Saun-
ders, Secretary of the Great Western Railway, had an
interview with Viscount Morpeth yesterday at the office
of the Woods and Forests.

Mr. Ker Hamilton had .an interview with Earl Grey
at the Colonial-office yesterday.
The Right Hon. E. Strutt had an interview with the.
Earl of Clarendon at the office of the Board of Trade.
The Chancellor of the Exchequer arrived in town
yesterday from Windsor Castle.

~......,.....
Sir Jan and Lady Shelley arrived at Farrance's
Hotel, Upper Belgrave• streetyesterday from Newmarket.

THE GREAT BRITAIN.

DUNDRUM BAY, OCT. 30.—Notwithstanding the many
rumours in circulation respecting the plans proposed
and the parties engaged to attempt to take off the Great
Britain steam-ship, we can state, upon the best authority,
that the directors of the Great Western Steam Company
have not yet decidedly adopted any individual from
among above 100 projectors, nor any specific plan pro-
posed for accomplishing that important and difficult ob-
ject. In compliance with the request of the directors,
Captain Shrapnel, son of General Shrapnel, well known
from his invention of the destructive shell which bears
his name, has visited the vessel and made a short report
upon her condition. His suggestions as to the ne-
cessity of blasting away certain portions of rock
near the hull, and its temporary protection by
means of a gridiron-shaped fender attached to the
stern, to break the fury of the wares on this
dangerous shore, have been approved by the directors.
Ho has submitted to them a project in writing for raising
the vessel out of the sand, out of the reach of the sea,
by means of an apparatus ingeniously combining parallel
and vertical moving powers, best calculated, in this
scientific gentleman's opinion, to enable the hull of the
vessel to be thoroughly repaired—when, by simply re-
versing the action of this powerful apparatus, he pro-
poses to launch again the ponderous vessel ; her own
weight carrying her down the inclined plane, and out to
sea a distance of nearly a thousand yards from the shore.
These suggestions, we have been informed through an
authentic channel, have inspired the directors with that
confidence in the captain's mechanical ability and
scientific knowledge, which must be so indispensable in
the conduct of an undertaking characterised by peculiar
difficulties, and certain to be attended, even if successful
with very considerable expense to tho owners of the
stranded vessel.
TO THE EDITOR OF THE TIMES.
Sir,—Permit me to suggest a plan that I think might
be tried for the rescue of this splendid vessel, viz., the
formation, provided the stratum of sand be deep enough
for the purpose, of a dock or " cofferdam" around her,
by means of a number of piles sent into the sand in the
form of a semicircle, opening to the sea, the spaces
between being " banked up" by progressive stages, as
the sand would he dug up in the middle to form a vast
hollow fur the inlet of water on the approach of the
high tides, "thereby the might again be got afloat. Ot
course, as the work proceeded the ship would sink loser
as she lost her support, and means should be taken to
prevent her from turning over.
Not having seen any suggestion of this sort, I venture
to throw it cut, and more scientific men can consider
how far such a scheme could be adopted or improved
upon.—l am, Sir, 3 ours obediently,

TYRO.

TO THE EDIEOR OF THE TIMES.
Sir,—As the final destruction of this magnificent ship
would be looked upon by the public with very great re-
gret, and, by naval men in particular, almost with a
degree of pain, retarding, as it would, the solution of
questions highly important to navigation : namely, the
efficacy of such large iron ships ; the local variation of
the compass ; and, not the least important, the supe-
riority of the screw over every mode of propulsion, be-
side the feeling of sympathy so general in the disap-
pointment and loss accruing to the talented projectors
and owners of this truly unique and admirable vessel ;
it is to be regretted that the most common, evident, and
easy means of saving her had not at once been adopted,
and unless they are immediately put into operation her
total loss would appear to be inevitable.
She is said is he on the sands of Dundrum Bay, not
yet very seriously injured, with ten feet of water in her
hold at high tide, which flows out at ebb, and leaves her
dry; in this position, she is, or should be, securely fixed
by an anchor and whole cable from each quarter, to pre-
vent her swinging on:shore, or forging on it,when got afloat.
To effect this latter object, and drag her off, the follow-
ing means would at once be resorted to in the Queen's
service :—all her spare, and as much of her heavy ma-
chinery as possible, should be taken out of her, as well as
the remains of her coal, and, indeed, every article but her
boilers, that could be removed previously to the next spring
tide; at least a dozen haud-pumps would be pointed into
her holds, and all leaks stopped that could be reached at
each succeeding low water, leaving the scuttled hole to be
closed; until the last ebb, before the spring tide intended
to float her, her masts would be taken out, and two extra
rough spars that have been previously ustd as shears for
her machinery, &c., placed fore and aft on both sides,
undei her bilges, connected and secured by chain spars
under her keel—the sand dug away for this purpose—
these spars would be secured upwards by hawsers
through the ports over all, or inboard; about 400 water-
tight butts (casks), securely slung, would be ready on the
beach, to be firmly lashed under her bottom to the spars
the instant the state of the last ebb would permit; she
would at the same moment be cleared of any water that
might remain below the scuttled hole by the pumps, and,
this hole closed and made water-tight, a heavy chain would
be extended from the ship into deep water, and dropped
with a buoy on it, to be picked up by the steamer that is
destined to drag lit r off; another of the same length, with
an anchor, it might also be found necessary to warp out,
should the steamers not be able to get close enough ; one
of these latter vessels, of 300 horse-power and light
draught, with two tugs, would be perhaps sufficient.
To effect the above, 300 steady seamen would be re-
quired, extra engineers, and the usual gear necessary on
such occasions. Ido not, Sir, put this plan forward as
anything new—every naval officer would immediately
apply it in the present state of the Great Britain, or any
other vessel, as the chief material—though not on the
spot—is readily obtained. It is true, it may be hauled up
on ways, or a channel—if the place is not too rucky—
dug for her ; but infinitely more expense, and delay
would attend both plans. In the first, she must be re-
launched—a great difficulty on this flat shore ;in the
second, a gale and high tide would render her not worth
the cost of the work.

I have the honour to remain, your obedient humble
servant, W. H. OLDMIXON, Lieutenant, It N.

Since the announcement of Messrs. Harman and
Co.'s suspension very little has transpired regarding
the prospects of the creditors, most of whom are
foreigners. It is feared, however, that the results will
prove very unfavourable. The sum due to the Russian
Government, to which the firm were agents, is alone ru-
moured to reach to about 440,0001., the balance of a debt
which not many months back stood as high as 700,0001.
The high esteem in which Messrs. Harman had been
held for nearly a century will account in some measure
for an amount so enormous having been permitted to re-
main in their hands; and on this point it is to be re-
marked, that although many persons were at first
disposed to congratulate themselves that the loss had not
fallen upon this country, it is felt, upon reflection, that
the injury eventually likely to be sustained by the mer-
cantile community would have been much less if such
had been the case. Not long ago one of the South
American republics suffered in a similar way, and as
the insolvency was not in either case supposed to be at•
tributable to unforeseen circumstances, the two events
must go far to weaken the confidence hitherto felt by
foreign states in the responsibility and good faith of
British houses. It is due to the credit of London that
no sentiment of sympathy for the fallen position of a
firm, however widely it may have been respected, should
cause the fact to be suppressed, that amongst our leading
houses, as well as the general public, the feelings with
which occurrences of this kind are regarded are nut
limited to those of mere regret.-7 Times._

Six thousand letters tiorn New York, taken by
mistake from the Boston Post-office, just.ai the Cambria
was about to sail on her last voyage, arrived here in the
Great Wootem—,Liverpool Courier.

LAW INTELLIGENCE.
VICE-CHANCERY COURT, Nov. 4.
(Before Vice-Chancellor Sir J., WIGRAN.)
POLTER v. SAIINDERS.—JUDGMENT.
Ills HONOUR delivered judgment this morning in this
case. The defendant claimed possession and beneficial
title to certain lands in Byfield, in the county of North-
ampton, subject to a mortgage settlement made on the
marriage of General SamuerSaunders, for securing the
sum of 500/. and interest. A contract for the sale of
these lands was entered into for the sum of 945/., which
contract was subsequently broken off in consequence
of Saunders being unable to produce a covenant
for the production of certain title deeds. Saunders
afterwards wrote to his solicitor, proposing that he
should set Mr. Poker's mind at rest with respect to title,
as Mr. Poker was entitled to purchase. A long corres-
pondence ensued. The present bill was filed to compel
Saunders to perform his contract or agreement with
Poker for the sale of the premises. llis Honour de-
emed for the specific performance of the contract, and
that defendant (Saunders) should pay the plaintiff his
costs.
The Court rose at three o'clock.

COURT OF QUEEN'S BENCH, Nov. 4.
LUNAR AND CALENDAR 31oNTH.—SI3IPSIoN V. MARGER-
SON AND OTHERS.
Mr. WATSON, Q.C., moved for a rule to show cause
why the verdict which the plaintiff had obtained in this
case should not be entered for the defendant. The plain-
tiff is an auctioneer in the city of London, and the de-
fendants devizees of an estate in Norfolk. They em-
ployed the plaintiff to sell the estate, agreeing to pay
him cne per cent. on the purchase money
if sold by auction and within two months
after so employing him, and one and a half per cent.
if not sold by auction, or within two months after, at
the reserved price. The property was not sold by auction,
and the plaintiff claimed 4251., but the defendants
refused to pay him more than 225/. 55., as they sold the
estate slightly over two lunar months, and less than two
calendar months.

The Court granted the application.
THE CASE OF MR. WILLIAM COBBETT.
It will be recollected that Mrs. Cobbett applied to this
Court on the first day of term to exercise its authority
to obtain the liberation of her husband, Mr. William
Cobbett, from the Queen's Bench, where he is confined,
in pursuance of a writ issued by the Court of Exche-
quer of " rebellion," or disobeying the injunctions of
that Court.

Lord DENMAN, oberving Mrs. Cobbett in the Court,
said she had urged in support of her application that the
writ on which her husband was committed was not pro-
perly issued, and the return writ irregular and false.
Her statement was not, however, supported by affidavits;
but even if her representations were borne out, the Court
could not interfere with the proceedings of the Exche-
quer in the matter. If there Wll4 anything wrong, ap•
plication should be made to the Court of Exchequer to
rectify it. The Court could not, therefore, entertain her
application.
Mrs. Cobbett then retired.

BAIL COURT, Nov. 4.
(Sittings at Nisi Prius.)
SCOTT V. RENT.
This was an action to recover the sum of 261. ss. sd.
for the use and occupation of apartments, and for goods
sold and delivered.
Mr. Petersdorff and Mr. Lush appeared for the plain-
tiff; the defendant was undefended.
The action was brought by Mr. Scott, formerly the
proprietor of Fendall's Hotel. In December last the
defendant came to the hotel, and stated that
he was engaged in a cause at Westminster-
hall. He b:ought a number of witnesses with him.
The cause lasted five days, and during that time both
he and all the witnesses called for whatever they wished.
There were several items for spirituous liquors under 205.,
and as the defendant had pleaded that 41. 15s. of the
sum in that account was for spirituous liquors under
205., that slim was struck out, and a verdict returned for
the plaintiff, for the sum of 21L 10s. sd.

COURT OF EXCHEQUER, Nov. 4.
(Sittings in Banco.)
WEBB V. WATTS.

Mr. MARTIN moved for a new trial in this case. It
appeared that the plaintiff was employed upon one of
the numerous railway
_schemes of the last year (the
Irish West Coast Railway). An engagement had been
made with plaintiff by a Dfr. Campbell, who had the
management of the company's affairs, by virtue of which
agreement the plaintiff was to proceed to Ireland, and
take the traffic on behalf of the company. The plaintiff
accordingly went to Ireland, and in pursuance of .his
intentions proceeded to adopt the necessary measures
for taking the traffic, and the necessary tables for Par-
liamentary deposit. Subsequently plaintiff brought his
action against the defendant, who was one of the pro-
visional committee of the railway in question, which
was tried at Nottingham, during the last assizes, before
Mr. Justice Cresswell, the result of which was that
the plaintiff was nonsuited.
The Court granted a rule for a new trial.
(Sittings in Nisi Prius, before Mr. Baron PLATT an
Common Juries.)
BRADBERR V. JOHNSON.
This action (which was in part heard yesterday) was
brought by the plaintiff, John Bradbeer, to recover from
the defendaut, Mr. Johnson, damages for false imprison-
ment.

Several witnesses were called, who deposed to the
fact of John Bradbeer, the plaintiff, and his brother,
Richard Bradbeer, having been present at the bar of
the Mitre Tavern, Sower's-mews, Paddington, kept by
the defendant, and while there, creating a disturbance,
and using abusive language to the defendant and his
wife, and that a policeman was called, to whom the de-
fendant gave Richard Bradbeer into custody, but that
John Bradbeer, the plaintiff; was not given into custody.
The inspector of police at the station-house was not
able, however, to identify the party who was given into
custody. The charge was entered on the sheet as
Richard Bradbeer.
Mr. WUITERURST, for the defendant, contended that
there was no evidence at all to show that the defendant
had given the plaintiff into custody.
Mr. Baron PLATT summed up, and the jury returned
a verdict for the defendant.