The Sun.
London, England, 1846-11-09 00:00:00

SWEARING IN OF THE LORD MAYOR.

This being the day for swearing in the Lord Mayor
upon his accession to office, the Court was crowded to
excess by persons anxious to witness the ceremony. At
two o'clock the Lord Mayor, attended by the Civic
authorities, entered the Court, when the usual oaths
were• administered to him by Mr. Baron Parke, the
Lord Chief Baron being prevented from attending in
consequence of a domestic calamity.
The usual invitations to the Judges to attend the ban-
quet were then given and accepted, and his Lordship and
the other members of the Corporation withdrew.
Their Lordships Then proceeded to dispose of several
motions, none of which presented any feature of public
importance.

COMMON PLEAS.-(THIS DAY.)
(Sittings in Banco.)
COULING V. COCKS.

This case was tried at the last Surrey assizes, before
Mr. Baron Parke, and a verdict given for the plaintiff
on all the issues but one. An action had been brought
by the plaintiff against a person named Holks, on which
the defendant was subpcenaed as a witness. He failed to
attend, and in consequence the plaintiff was obliged to
withdraw his record and pay the costs. The present
action was to recover the costs so paid. The issue on
which the verdict was given for the defendant was on a
plea in denial that the plaintiff had good cause of action
in the case Cocks v. Molks.
Mr. FISH now moved for a rule for a new trial on this
issue, or for an interpleader, and contended that it was a
matter of indifference to the present case, whether in
the former one there was or was not a good cause of
action—the witness was in either case bound to attend.
Rule granted.
THE QUEEN V. EMSWORTH.

The defendant in this case appeared in court this day,
having been at large, on bail, since last term. He had
been guilty of contempt, refusing to obey an order of the
Court, by giving up certain wine warrants and samples
of wine.
The LORD CHIEF JUSTICE ordered the defendant to
be brought up on the last day of term, and in the mean
time he would be placed in custody. In the interim the
Court would require an affidavit of the value in specie of
the sample of wine and the warrants.
The defendant was then removed in custody.

BANKRUPTCY.—(THIS DAY.)
(Before Mr: Commissioner SHEPHERD.)
IN RE THE LONDON AND BIRMINGHAM EXTENSION LINE

TO LEAMINGTON.
In this case, in which a fiat of bankruptcy had been
issued against this company, an application was made to
the Learned Commissioner to adjudicate. The fiat had
been issued on a notice of dissolution inserted in the
Gazette.
The Learned COMMISSIONER, after having perused the
Act and consulted Mr. Commissioner Goulburn, said
that he entertained doubts whether this amounted to an
act of bankruptcy, and he must take time to consider.
The SOLICITOR said that he had taken the opinion of
a very eminent counsel, Mr. Swanston, and he was
clearly of opinion that it was.
The Learned COMMISSIONER said it was a point of
such importance that he must take time; he would,
however, give his decision to-morrow, and, in the mean-
time, no other creditor should be admitted to come in.
The fiat is dated the 6th instant.

BOW-STREET.—(THIS DAY.)
John Robins and David Russell, who described them-
selves as gardeners, were placed at the bar before Mr..
Hall charged with being drunk and disorderly m
Museum-street, on Saturday night. Robins was further
charged with furiously driving a cart, and assaulting
Policeman E 62, and Russell with assaulting Policeman
E 56, and attempting 0 stab him with a 'alga clasp
knife.

Policeman E 62 said that on Saturday night a little
after seven o'clock, he saw a horse and cart standing
opposite to a public-house in Museum-street, without
any one attending to it. At length Russell came out of
the public-house and attempted to get into the cart, but
he was so drunk that he fell back on the footway.
Witness helped him to get up. He said the cart was
his, but there was another young man in the public-
house who drove it, and he was sober. Witness then
allowed him to return to the public-house. After
a few minutes some people came out of the
public-hr use, carrying Robins, between them, " bun-
dled him into the cart," and gave him the reins.
Witness, perceiving that he was quite drumk,
ran to the horse's head and attempted to stop him, but
the prisoner flogged the horse violently. Robins then
drove down the street and round the corner into Great
Russell-street, at a most furious rate. At this moment
Russell came out of the public-house and ran in the
same direction. Witness ran after him, and caught
him in Russell-street. He was about to take him
to the station, but seeing the cart, which had been
stopped by some passers by at a short distance, he left
Russell and • ran towards it. When he came up to the
cart he proceeded to take Robins into custody. He,
however, resisted, struck witness several times, and at
length succeeded in getting away and driving off again.
He was afterwards stopped in Hart-street, Bloomsbury,
and taken to the station.
Police E 146, said that he found the prisoner Russell
in Russell-street, lying across the footway in the place
where 62 had left him. There was a crowd round about
him from whom he learned that the prisoner belonged
to the cart which he saw at some distance. Witness
took Russell in custody and followed to Hart-street,
%here he found the cart, and the prisoner Robins, who
was then in custody of 62.
Policeman E 56, received the charge at the station.
Russell appeared very low spirited, and said that he had
been in the habit of driving for 15 years, and had never
been in any " mess " before. Witness, to encourage him,
said he did not think he was in much of a mess now.
The prisoner a few minutes afterwards took from his
pocket a large and formidable looking clasp knife (pro-
duced by witness), with which he made a sta.) at him,
but witness saved himself by throwing up his arm. He
received a severe cut on the back of the hand. It was
cut to the bone. Another constable went behind the
prisoner and seized him, while witness di.armed
The other policeman (E 152,) corroborated this state-
ment.

The prisoner Russell, who is gardener in a gentle-
man's family, said that he very much regretted his mis 7