The Sun.
London, England, 1848-06-06 00:00:00

RIR THOMAS WILDE V. GIBSON, J UDGE.

Their Lordships gave judgment to-day on this case, which
was argued before them a short time since upon appeal from
the decision of the Vice-Chancellor Knight Bruce. We have
already given at considerable length the facts of the case,
and it is therefore unnecessary to repeat them. .

The Lord Chancellor, Lord Brougham, and Lord Camp-
bell gave their judgments seriatim, at considerable length
this morning, all of them concurring that the Learned
Judge below had railed in the judgment he had pronounced,
and ordering that judgment to be reversed and the bill filed
for the respondent to be dismissed with costs.
Judgment reversed with costs.
THE ATTORNEY-GENERAL V. COX AND GREENWOOD.

The further arguments in this case occupied their Lord.
ships the remainder of the day.

BAIL COURT.-(THIS DAY.)
(Before Mr. Justice WIGHTMAN.)
IX THE MATTL'It OF SIMMONDS, A PUBLICAN.
Mr. BALLANTINE applied to the Court to admit to bail a
person named Simmonds, a publican. carrying on busiuess
in the neighbourhood of the Surrey Theatre, who had been
committed to Newgate for trial by the Lord Mayor, for
having two stolen notes of large amount in his possession.
The Learned Counsel cited the facts as they have recently
appeared in the police reports, and contended that the
offence with which Simmonds stood charged was clearly a
bailable one. Hs was a person carrying on a respectable
business,:he could give bail equal to the amount of the notes,
and was not, therefore, a likely person to forfeit his recog-
nizances.

Mr. Justice WIIIIITMAN said he would consider the appli-
cation. It is most likely he will give his decision to-morrow.

EXCHEQUER.-(TI-IIS DAY.)
(Sittings in Banco.)

THE "BLACK CAT"-ADAMS V. SIR THOMAS FREEMAHTLE

AND OTHERS.

It may, no doubt, be within the recollection of our readers
that this vessel was seized some time ago by the officers
of the Customs, under the provisions of the Foreign Enlist-
ment Act, on the ground that it was loaded with muskets
and ammunition for the purpose of being transmitted
_to
Oporto for hostile perposes.
The ArroitarEv-GENERAL now moved for a rule calling
upon the plaintiffs, the owners of the vessel, to show cause
why a❑ action which they had commenced should not be re-
moved out of the Court of Common Pleas into this court, the
venue having been laid in the firmer court. It was an action
brought against Sir Thomas Freemantle, the late chairman
of the Board of Customs, and two ot the officers of that de-
partment of the public revenue for seizing the vessel, under
the provisions ot the Act in question. He held that, under
the circumstances, the officers ot the Customs were perfectly
justified in the course they took.
Mr. GnEENwoon opposed the motion on three grounds—
first, that the Atto.•ney-General had not put in any affida-
vits setting forth that the cause of action in the other court
waslone in which the revenues of the Crown were concerned ;
second, that it was not an action that could affect the re-
venues of the Crown; and third, that even if the action
related to a matter which might have once called into ques-
tion anything affecting the revenues of the Crown, that was
now all over, for the ship had been restored to the owners,
and no proceedings had been taken by the Customs towards
its condemnation. The Learned Counsel cited several autho-
rities to show that affidavits should have been put in before
such an application could be entertained.
The ArroaNr.v-GENicuaL replied that he had affidavits,
showing that the Akers of the Customs acted in the execu-
tion of their duty. He did not think it necessary to put in
these affidavits, as he would not consent to question or name
the right of the Crown to act as it had done, by admitting
that such a document was necessary to be produced on
behalf of the Crown in a proceeding of this kind.
In consequence of a remarkfrom Mr. Baron PALMS he stated
that be should direct the law officers of the Customs to look
into the law on the subject, and the Queen's itemembrancer
would to-morrow appear in court, and state the steps adopted
in similar cases.
. _

The Court aesired that the case might come on with the
other Custom's cases.

EXCHEQUER CHAMBER.
(THIS DAY.)
BARON DE BODE v. THE QUEEN.
The Lord Chief Justice of the Common Pleas delivered
judgment in this case, in which a rule had been obtained by
the Attotney-General on behalf of the Crown.
The judgment of the Court discharged the rule, thus de-
ciding in favour of the plaintiff.

MIDDLESEX SESSIONS.
(THIS DAY.)
The June general sessions were opened this morning be-
fore the Assistant-Juoge and county magistrates.
The Grand Jury having been sworn, were charged by the
Learned Judge to the usual purport.
William Snead, aged 27, was indicted for stealing a large
quantity of lead from the roof of the brewery of Messrs.
Elliott and Co., at Pimlico. The case against the prisoner
rested upon the evidence of William King, a watchman in
the emiloyment of Messrs. Elliott, who stated that about
half-past eight o'clock on the evening of Sunday the 19th of
March; he saw the prisoner coming in a manner which ex-
cited his suspicion, from the direction of that part of the
building from which it was subsequently discovered the lead
was stolen that night. ,The witness knew the prisoner by
Dame, for he had been pointed out to him as a person suspected
of having stolen a great deal of lead from the premises.
On discovery- of the robbery, King went with a constable to
look for the prisoner, and early the next morning they found
that he had suddenly left his lodgings just before their
arrival. lie was at length traced to Whitechapel, where he
was taken into custody.
The defence was an alibi.
The prisoner's brother-in-law, Frederick Nagle, by trade
a rigger, sore that on the 19th the prisoner, his wife and
children, dined at his place in Whiteehapel, and remained
there until half past nine at night. The next day the pri-
softer came to lodge in Whitechapel, at the request of witness,
who hoped to obtain work for him. Nagle remembered the
day, because he had fixed it for keeping his birth-day, in-
stead of the previous Sunday, the 12th of March, which was
the proper (lay.
.The cause of the postponement was that he
had been a fortnight unemployed before the 12th, and was
" hard up," but earned a good deal the next week.
Mra. Nagle, wife of the last witness, confirmed her hus-
band's evidence, except that, in cross-examination by the
Judge, she said the postponement of the birth-day feast was
not occasioned by the want of money, for they had a better
dinner on the 12th than on the 19th, but she had forgotten
to write in time to her sister.
The Learn:Al JIIDGS observed that the evidence of an alibi
was always suspicious when the witnesses
.remembered too
et
have witnesses,
been
exactly the- time and all the concurrent circumstances at-
tending it, without very good reason for their. recollection.
It was very difficult to. disprove concerted evidence in such
prepared.
The jury without hesitation found the prisoner Guilty,
icnasaersi
s,
levxe
rc etpottibuye
questions
sdui rpeocntwhich
contradictionsthey
could

and -
The JUDGE in sentencing him to nine months imprison-
ment, said Coat if he ever appeared in that dock upon a
similar charge be would upon conviction be transported for
seven years. He had been several times tried, and at least
once convicted for stealing lead from the roofs of buildings—
an offence which was greatly on the increase and must be
checked.
e to transpor-
In sentencing a boy of thirteen years of ag
tation, that he might be sent to Parkhurst, the Learned
Judge observed that this child's case was another instance of
the effects which had followed froii, the alteration of the law
festered the sore which he
in respect to juvenile offenders.. It oung as t.he prisoner was,
he had been several times convicted summarily, and had new
been only out of prison one fortnight. The effect of the
alteration had been to withdraw those unfortunate children
from the public eye, which only
had wished to see something done to cure. He was sure if
the change had not taken place, the public would not have
endured the continuance of the scenes which used to take
place in this court.

MARLBRO'-STREET—(THIS DAY.)
PHYSICA L-FOI:CE CHARTISTS. —James Cochrane and James
Campbell, two rough-looking fellows, were placedriotous before Mr.
Hardwick, charged with being drunk and in Park-
street, Grosvenor-square.
Cummins, C 200, said he was on duty last night in Park-
street, when the prisoners Cochrane and Campbell came up
to him, and the former said," Campbell, mark b—y 200 C;
we will nab himon the day." Witness requested them to go
On, and not interfere with him. Campbell then said, if
witness dared to meddle with them, they would pitch into
him. Cochrane then laid hold of his collar, and tried to
throw him ; witness, however, closed with him, and even-
tually took them to the station.
In defence, the prisoners said they were returning peace-
ably from Paddington, where they had been to a Chartist
meeting, when the cenaplainant met them, and called them

b—y Chartists. This offended them ; but they denied using
the least abusive language to him in return.
Mr. HARDWIaIt fined them Bth. each, or ten days to the
House cif Correction.

WORSHIP-STREET.--(THIS DAY )
The greater portion of the morning was occupied in read-
ing over the depositions regarding those persons who were
yesterday charged with havingbeen concerned in the riotous
proceedings and conflicts with the police, arising out of the
Chartist assemblages on Sunday last at Bethnal-green, and
near the Victoria Park.
A great deal of excitement still manifested itself in the
neighbourhood, and the street was literally thronged, chiefly
by friends of the prisoners, who betrayed great anxiety to
obtain a glimpse or them preparatory to their departure in
the prison van for their destination.
Thomas Richards, a well-known audacious thief, and one
of a gang who infest the east end of the metropolis, was
charged with robbing a lady, named Susannah Cowling, of
No. 66, Sun-street, Bishopsgate, of four half-crowns aid
three shillings and sixpence.
Mrs. Cowling said she was passing through Shoreditcb, at
about ten o'clock on Saturday night, when she felt a sud-
den tug at her pocket, and on turning round distinctly saw
the prisoner withdraw his hand therefrom. He instantly
ran off, followed, however, by her, with the cry of " stop
thief," and he was caught hold of by a gentleman who
handed him over to the police.
He was fully committed for trial.