The Sun.
London, England, 1846-11-30 00:00:00

COMMON PLEAS.-(TIIIS DAY.)

VARNEY V. lIICKRIAN-A WAGER CASE.
This was an action brought to recover from Mr. Hick-
man, licensed victualler, in Clerkenwell, a gum of 201.
which had been deposited in his hands by the plaintiff,
to abide the result of a race.
Mr. Sergeant Talfourd and Mr..Phinn appeared for
the plaintiff, Mr. Parry and Mr. Joyce appeared for the
defence.

Fr.'m the statement of the case it appeared, that on
the 18th of April last, a cab-contractor was at the house
of the defendant, where he met with a Jew of the name
of Isaacs, a dust-contractor. A wager was made be-
tween them of the following character ; namely, that
the cab -proprietor should run one of his horses with a
light chaise-cart attached to it, against a horse of the
defendant's, harnessed in a dust cart, each to carry ten
cwt. The stakes, 40/. were handed to the landlord to
abide the issue of this novel race, but on the day of
trial it appewed that the_cabnian was nosiest inventus,
and the dust-contractor had the • field to himself. In
consequence Isaacs claimed the stakes • from Mr. Hick,
man, and, after some hesitation ori•the part of the
latter, he delivered the money over.. on receiving an
indemnity. The result was the • bringing of
the present action to.
_recover the 204 depo -
sited -by Varney on the ground' that the wager was
illegal and void, and that he had served a notice on:
Hickman not to deliver up the money to Isaacs before
the time that the former bad paid it over. The evi-
dence adduced was of a very conflicting character, one
side proving that the notice to withhold the money was
given to the defendant before he pMd it over to Isaacs,
the other side that it was after.
The LORD CHIEF JUSTICE summed up in favour of
the plaintiff, and the jury immediately returned a verdict
•
for the whole amount claimed.
FADUEIHLE V. ITOLROYD.—GAMING DEBTS.
This was an action brought by Mr. Fadeuihle, a wine
merchant, doing business in the City, against Mr. Hot-
royd, a cloth worker, of Leeds, the indorser of note,
accepted by Mr. Hanks, of London,. formerly a grocer,
but now a bankrupt. The defendant pleaded that the
bill was given without legal consideration, having been
passed to plaintiff for a gaming debt contracted on the
last Derby day.
Mr Sergeant Wilkins and Mr. James appeared for the
plaintiff ; Mr. Sergeant Byles and Mr. Matthews for the
defence.
The promissory note was drawn by the defend-
ant, and endorsed to Mr. Hanks. It appeared that,
on the last Derby day, Mr. Fadeuihle had a party at
his house who had been with him at the races, composed
of Mr. Hanks and two gentlemen from Yorkshire, and,
after dinner, they proceeded to play at whist. In the
course of the evening Hanks lost 281. to the plaintiff; for
which he gave an I 0 U, on the understanding that it
should be given up when the money was paid. Subse-
quently the bill in question was endorsed by
Hanks, and paid to the plaintiff, receiving the
balance, in cash, which, it appeared, was also lost in
gaming. Hanks about this time became a bankrupt,
and hence the present action. At the time the bill was
given to the plaintiff it was alleged, on behalf of the
latter that the defendant owed a debt for wine, and that
the bill was given not for the gaming debt, but for that.
This was denied by Hanks, who declared positively that
the bill was given for the gaming debt alone, and had
_nothing whatever to do with the, wine.
After the examination of a number of witnesses on
both sides, the evidence of which was strongly in favour
of the defence,
The jury returned a verdict for the defendant.

CRIMINAL COURT.—(THIS DAY.)
OLD COURT.
(Before the IiEcoRDEII.)_ •

William Smith, aged 20, carrier; and George Pearson,
aged 24, fender maker, were indicted for stealing a hat
and other articles worth 10s., and the sum of 30s. in
money, from William Turner, on the night of the Bth
November last, and doing him serious bodily harm.
Police-constable 164 M apprehended the prisoner
Pearson at the time the circumstance occurred.

Watkins, another police-conStablE, who had appre-
hended Smith, produced a hat, which the prosecutor
said he believed to be his, though he could not swear
to it.

Thomas Shepherd, one of the detective force, stated
that he had seen the prisoner at the public-house in
Blackman-street, in the Borough, on the night in ques.
tlon after the robbery, when he held a hat in his hand,
whereas an hour before he had seen him with a cap in
his hand.

The prosecutor said that about twelve o'clock on the
night-of the Bth he was in Blackman-street, when,
at a certain part of the street, he saw about fourteen
or fifteen persons on the pavement, who, as he approached
then opened a lane for hini,,aa be .tholight, to pass. He
had not gone far, however, before his hands were
seized and held behind him, and immediately afterwards
he bad all his money taken from his pockets. He
called out for the police, and was directly struck on tho
side of the head two or three times. The blows, how-
ever, did not stun him, and he still continued to call out.
At the same time he was struck on the face, and. his lip
was laid open. He was confident, that at the time of
the attack, Pearson was on one side of him and Smith
on the other. • _ .

After hearing the evidence of another witness,
The jury returned a verdict of Guilty.
Previous convictions against both of them wero
proved, and
The RECORDER sentenced each of the prisoners to be
transported for twenty years.
Elvina Cheetham who had been tried with Elvina
Bentley, her daughter, and convicted of stealing two
silver candlesticks, from her master, Mr. Boughey Hep-
worth, after having been twenty-five years in his ser-
vice, was brought up for sentence, but as the prosecutor
was not in attendance, it was deferred till the next
sessions.

This closed the business of the sessions, and the jury
were dismissed with the thanks of the Court.

NEW COURT.
BURGLARY.—WiIIiam Edwards and William Baker
were indicted with burglariously entering the dwelling-
house of 'Mr. Thomas Morris, in Turner-street, Bethnal-
green, and stealing therefrom various articles of wear-
ing apparel, and other property.
It appeared that on Sunday, the 15th of the present
month, the prosecutor and his wife went out about three
o'cloCk P.M., leaving an elderly lady, named West, and her
daughter, who were lodgers, in the house ; Mrs. West
and her daughter also left shortly afterwards. On the
prosecutor's return, about six o'clock, upon endeavour-
ing to open the door he discovered that it was bolted
inside, and upon going round to the back part of the
house he discovered the prisoner Baker getting over the
wall and Edwards below. The property stolen was on
the ground outside the wall, in a bag. The prisoner
Baker was immediately taken into custody, and Ed-
wards was secured after a short chase.
Mr. Iluddlestone conducted the case for the prosecu-
tion, and Mr. Payne and Mr. Ellis were counsel for the
prisoners.
The jury found both prisoners Guilty, and
Mr. Commissioner BULLOCK sentenced Edwards to
ten years' transportation and Biker to seven years.

MARLBRO'-STREET.—(THIS DAY.)
Edward O'Brien was placed at the bar, charged with
being found on the premises of Mr. Wilcox, for the pur-
pose of committing a felony.
Thomas Wilcox, licensed victualler, Bear-street, Lei-
cester-Equare, said the lodgcar next door came into his
house about half-past eleven o'c',ock on Saturday night,
and said he heard the cries of some men on his premises,
as if calling out for help, and he supposed he must be
in complainant's chimney. complainant got out on the
leads, and looked down one #of the flues, and there cer-
tainly he saw the man at, the bar, who had evidently
dropped in, with his hands helplessly extended above his
head, and in that position. he had sunk till he could get
no further.

The prisoner said he, had been drinking and was
tipsy, and fell into the ritue.
Police-constable 52 C said he went to the top of the
house and took the prisoner out of the flue. He was not
drunk at the time, nor did he appear to havo been
drinking. _ _

I'olica•constable 27 C knew the prisoner as the asso-
ciate of thieves. lie had been committed for two
months to prison for stealing a copper.
Mr. HARDWICK committed the prisoner for two
months to the House of Correction,- for being on the
premises for an unlawful purpose.

CLERKENIVELL.—(THIS DAY.)
A very respectable-.oohing young man, named
716nias Joyce, was chargee. with imhoently assaulting
Ellen Yinell, under the following circumstances :—The
prisoner and two companions were walking along the'
old St. Pancras road, when they overtook the com-