The Sun.
London, England, 1848-05-27 00:00:00

NEWTON V. LIDYEAR..

In this case the same principle was involved.
Both causes having been argued at length by Mr.
Crowder and Mr. Montague Chambers on the one side, and
by Mr. Bramwell on the other,
The COURT deferred its decision.

BAIL COURT, May 26.
Mr. Justice WIGHTMAN sat for a short time this morn-
ing and disposed of a few motions, none of which possessed
any feature of public interest.

COURT OF EXCHEQUER, May 26.
(Sittings in Banco.)
At the sittings of the Court this morning, a female ap-
peared on the floor of the court and handed up some papers
to their Lordships.
The CHIEF BARON. after examining the papers, said, ad-
dressing himself to the bar, that the applicant complained
that a gentleman of the bar, having certified in a case that
there was a good cause of action, had since declined to go on
with the suit, which was one in forma pauperis. The appli-
cant, therefore, now petitioned the Court, praying that they
would assign to her a counsel to conduct the cause in the
place of the gentleman who had refused to act. He was
not aware that the Court had any power to interfere
on behalf of the applicant, but, addressing himself to
the head of the profession, he could hardly think that
there would be any objection to some gentleman taking upon
himself the duty of examining whether there was any ground
of action, and if there was, to his going on with the suit in
the place of the gentleman who had declined.
The ATTORNEY-GENERAL said, very possibly the gentle-
man who had refused to act would, upon reconsideration,
retract his refusal, as it appeared to him that he had entered
into an honourable engagement to proceed with the suit.
The CHIEF BARON—lie may, perhaps, on further consi-
deration, be of a different opinion, and think there is no
ground of action.
The ATTORNEY-GENERAL—Forgive me for saying, my
Lord, that these certificates are frequently too lightly given,
at the
chambers, stage
of
and that gentlemen should think of the consequences of
their acts.
r.
demurrer, sroa A
and when it hceamceasbeefhoares anrireiveadti
recommended the applicant to come here and petition the
Court. - - -

The ArroaNET-GENERAL—WiII your Lordships permit me
to make an inquiry into the matter?
The CHIEF .I.3naox—Certainly.
The applielnt then left. the Court, having been informed
that the Attorney-General would institute an inquiry on her
behalf.

COURT OF COMMON PLEAS, May 26.
(Sittings in Banco.)
FRENCH V. CANDY AND OTHERS.
This action WAS tried before the Lord Chief Justice Wilde,
at Guidhall, and a verdict found for the
plaintiff, with no-
minal damages of 5001., the amount subject afterwards
to a reference.
to be
The plaintiff was a traveller in the employ of the defen-
dants, and the agreement between them waft that he should

POLICE INTELLIGENCE.
130 W- S TREE T.
GRATITUDE.—A miserable looking young man was
charged with stealing a 201. note belonging to Mr.
Thomas Elley, 3, Victoria-street, Farringdon-street.
Constable 152 F was on duty in Bedfordbury at an
early hour in the morning, when Mr. Elley informed him
he had been robbed by a female. He was drunk, and
became very abusive to the officer, who returned to his
duty. Shortly after the policeman observed the prisoner
examining papers in a pocket-book by the light of the
lamp, and on inspecting them found a 201. note, after-
wards identified as the one lost by Mr. Elley.
Mr. JARDINE having heard the prisoner repeat the
story told at the station ordered him to be discharged.
Mr. Elley immediately repeated his abuse to the
officer for presuming to say that he had been in the
company of a female, and that he was drunk; but he
seemed nothing loth to have the note restored to him.
W ORS H I P-S TREE T.
DESPERATE ENCOUNTER WITH A BURGLAR.—John
Kelly was charged with having been concerned with
another man, Hot in custody, in breaking into the house
of Mr. Vaughan, a copper-plate printer, Gloucester-
place, Hackney-road. The prosecutor, whose right arm
was suspended in a sling, and the side of his head
covered with adhesive plaster, stated that he left home
with his wife after properly securing the premises, upon
the preceding afternoon, and on his return at ten o'clock
was about to open the door with a key, when it was
suddenly thrown open from the inside, and the prisoner
and another man rushed out and attempted to escape.
He seized the prisoner by the collar and held him fast,
when his companion suddenly turned upon bim, and,
drawing a heavy weapon from his pocket, dealt him a
terrible blow upon the head, which partially stunned
him. Before he could recover his assailant stabbed
him with a sharp instrument, the first of which
cut through the breast of his coat, and in
warding off the others with his arms he received
several severe gashes in his hand. During the con-
flict, however, he resolutely maintained his hold of the
prisoner,
and his cries of " Murder" and " Police" at
length attracted the notice of several of his neighbours,
at whose appearance his assailant darted off and eluded
their pursuit. After handing the prisoner over to a
policeman he examined his apartments, and discovered
that, though the place had been thoroughly ransacked,
and several articles packed up ready fur removal, his
opportune arrival had frustrated the intentions of the
thieves.

In answer to the charge, the prisoner said that he was
passing the door ashen he saw two men rush from the
house and pass the prosecutor, who instantly turned
round, and seizing him by the collar, charged him with
being one of them, and ultimately gave him into
custody.
Mr. ARNOLD, however, considered that the prisoner's
identification had been too conclusively proved to admit
of any doubt, and ordered him to be remanded for the
formal completion of the case.

THAMES.
A COWARDLY CREW.—Mr. B. Hurley, master of the
Arab, appeared to answer a summons for refusing to pay
21. 7s. wages, claimed by Henry Yould, one of his crew.
There were five other summonses. The claim was re-
sisted on the ground that the crew had abandoned the
vessel when it was in a state of imminent danger, leaving
the captain alone to get it out of its difficulties.
Yould stated that finding the vessel near some rocks,
which were supposed to be the Gasgets, the captain
ordered them to lower the boat and go into it for safety,
saying ho would stay by the vessel to see the end of it,
and they might afterwards pick him up if they could.
Some short time after the captain called out to them to
approach the vessel, and threw them out a line. After
that he called the mate and some others to get on board,
which they effected with considerable difficulty. When
the voyage was finished, he asked the captain for his
wages, but the latter refused to let him have them.
The captain having stated that he had no part in the
ownership, nor any interest in the withholding the wages,
was then sworn, and gave quite a different version of the
story. He said that, perceiving the danger to be immi-
nent, and wishing to provide for every contingency, he
ordered the boat to be hung over the rail ; instead of
doing so, however, they lowered the boat down, and the
whole crew entered it, taking the boy with them; one
man ran away from the helm, leaving the vessel without
any director, and he (the captain) had instantly to seize
it. Whilst he was at the helm they put off and rowed
away as fast as they could. In some time after, witness
saw, by the bearing of the lights, that the vessel was
out of danger, and that it required only a little assist-
ance to insure its safety. Witness then called to the
crew to come on board, and when he found they hesi-
tated, he could not help calling them a parcel of cowards.
The mate and some others came on board, and he took
the former below to show him by the chart that the
danger had been passed. The others afterwards came
on board, but with a great deal of hesitation.
Mr. BALLiNTINE thought the master's statement was
the most probable. The summons was dismissed, and
the others which depended on the same evidence were
abandoned.

BANK OF ENGLAND.
(From last night's Gazette.)
An Account, pursuant to the Act 7th and kith of Victoria. cap. 32, for
the Week ending on Saturday, the 20th day of May, 1848.
ISSUE DEPART/LENT.
X.
Notes issued• • .• .... 26,661,410

X 26,661,410

Government debt 11,015,100
Other securities .... '2,984.900
Gold coin arid bullion 11,208,757
Silver bullion ••• • • • 1,452,653

X 26,661,410
M. MARSHALL, Chief Cashier.

Dated the 25th day of May, 164;

, EPAIITITEI4 T.

Government securi-
ties (including Dead
Weight Annuity) .. 11,713,630
Other securities • • 11,630,523
Notes • • • • • • • • • • • • 8,586,010
Gold and silver COlll. • 717,809

£32,627,972
M. MARSIIALL, Chief Cushier.