The Sun.
London, England, 1846-11-18 00:00:00

NA.YLOR V. SOUTH DEVON RAILWAY COMPANY.

This was a motion of the plaintiff (Mrs. Naylor), a
shareholder in the South Devon Railway Company, for
the purpose of determining her right to interest on the
call, which she had paid in January, 1845, and which in-
terest was withheld in consequence of further calls made
at the time. The matter turned chiefly on the construc-
tion of the company's Act, in which there was a provi-
sion that until the railway should be in operation, the
shareholders should be entitled to interest on their
shares, &c. &c. _ _ _

The arguments, which were commenced yesterday
having concluded,
His lioNoun. said the time might come when it would
be his duty to refer the question here raised to a court of
law, but he much doubted whether it would be right to
do so now. In strictness it could not be done. lle
would, under all the circumstances, direct that the plain-
tiff should be at liberty to enter protest on the proceed-
ings, but should pay the sum demanded, with the it-
terest, without prejudice. On other points that had been
raised he would direct that the motion should stand over
fur a week.
APPELBY V. PAGE.-IMPORTANT RAILWAY CASE.

This case came before the Court upon motion, for an
order to inquire into the conduct &c., of the directors
of a defunct railway, called the Eastern Count.e,
Midland Railway, and for directions respecting a sum of
money puid into, and now in the Court, to the credit of
the above undertaking. In July, 1845, a project tats
formed by the defendants to construct a railway from
the Northern and Eastern Counties Railway to North
ampton, through Fenny Compton, Stratford-upon-Avon,
to Worcester, and to form a direct communication with
the eastern and western counties of En land. The
capital was to be 500,000/ , to be divided into 60,000
shares, and a deposit of 11. 7s. 6d. per share to be pail.
On the 25th of July the undertaking was registered, and
the deposit was increased from the original sum of
IL 7s. 6d. per share to 21. 12s. 6d. The deposits
had been paid on the faith of the whole of the
shares having been divided, but it was subsequently
discovered that only 35,000 shares had been allotted,
and that out of that number but 17,800 were accepted,
while the deposits on even some of these had not been
paid. The defendants, who were aware of the circum
stances of the company, notwithstanding the deficienc)
in the capital, still proceeded with the undertaking, in-
curring all the expenses of survey, &c., and went to Par-
liament, though quite unable to comply with the stand-
ing orders for the passing of the line. They
applied fur a line from Cambridge to Weedon last
session, which passed through the House of Commons,
but was rejected in the House of Lords. It was then
withdrawn, and the project is now abandoned ; 35,0001.
was paid into Court to the credit of the Cambridge and
Weedon line. The plaintiff contended that the directors
were not justified in prosecuting the undertaking after
the failure in complying with the standing orders of the
House of Commons, and con,equently they were not
entitled to the expenses incurred.
The arguments having concluded,
His Lior7ourt postponed his judgment.
(Before Vice-Chancellor Sir J. WIGRA3I.)
LEIGH V. EARL BALCARRAS.

This cause was put cluwn by mistake for judgraen.
to-day. •

- DITNCO3IB V. LEVY.
This case was ordered to stand over.

BLAIR V. BROMLEY.
The arguments in this cause were then resumed.
The cause was postponed, in consequence of the ab.
sence of Mr. Pethell, who was to have replied.

COURT OF QUEEN'S BENCH, Nov. 17.

IN RE SIIIITTLEWORTII.

Mr. PARRY procieded to raise his objections to the
order and certificates, under which this lady was in
custody. He contended that the order was invalid, in
consequence of there being no statements as to the age
of the party, her religious persuasion, the duration of
the attack, the nature of the malady, whether suicidal or
dangerous to others, and whether the party was subject
to epilepsy. Mr. Justice Patteson, in hearing the case
on the previous day, gave it as his opinion that the
party making the order should at all events have made
some return to these inquiries on the order, even if it
were only to state that he had no means of ascertaining
them. The Legislature had no doubt some important
meaning in requiring all these inquiries on the order to
be answered, and he (Mr. Parry) contended that the
intention was either that the order should be signed
by some near friend or relative of the party, or if cir-
cumstances required that a stranger should sign it,
he should at all events make such inquiries as would
enable him to make a complete return. With regard to
the form of the certificates, be should submit that neither
of them came within the meaning of the schedule of the
Act. The certificate of Dr. Wilmot, which stated that
be formed his opinion as to the insanity of the lady
from the fact " that she laboured under delusions or
various kinds, and was dirty and indecent in the
extreme," was utterly insufficient. He shbuld have
particularised the various delusions, instead of com-
prising them in one general statement. Upoa the second
portion of the certificate, the statement of extreme in-
decency and dirt, such a fact was quite compatible with
perfect sanity.
Their LORDSHIPS were of opinion that the last point
was a question of medical opinion into which the Court
could not enter.

Mr. PARRY continued--With respect to the second
certificate, he would submit to the Court that it was of
no value, as the forms required by the Act had not been
complied with. The Legislature had prescribed a
printed form, and no surgeon had any right to alter or
deviate from that form. In the certificate of Dr. Grif-
fiths, a pen had been drawn through the words "following
fact, and the statement which followed was merely a
matter of his opinion, for he said that he judged of the
insanity of the lady " from conversation which he had
with her." That was no statement of fact as required
by the schedule of the Act; and in a former case certifi-
cates which were much more explicit in their statements
of facts, were held to be of no value, and therefore he
would submit to the Court that this certificate was in-
complete, and an insufficient warrant to detain this lady
in custody.
Mr. Justice Coneeincm said that it seemed to be ad-
mitted on the return that the lady was insane, and a
dangerous person to go at large; and were they, in eon-
lun
seqaticuencperson upon socaiete of an informlity? y, to discharge
a dangerous
Mr: PARRY apprehended that they must do so if there
was DO legal authority to detain her. It h
Proved that this lady was insane. had not been
Mr. Justice ERLE said it had been placed on the
re
wen to the writ that she was se; and it ins competent
to him (Mr. Parry) to go into thatt question. He (11r.
Justice Erie) was quite ready to hear that part of the
case. It could be-done by affidavit in a summary way.
Mr. PARRY thought that a sane person was not com-
pelled to go such a roundabout way to obtain his liberty,

but if he could prove that he was in illegal custody he
was at once entitled to his discharge.

..-I.ordDENsiast, in giving judgment, said that there
could be no difficulty in this case, fir no doubt was en-
tertained by the Court. His opinion was formed from the
general details of the case, for it was his duty to form
his opinion upon such principles, particularly in a case
of so much importance, and so entirely exceptional to
the course of common legislation. It was plainly clear
that there could be no security for the public, and none
for the unfortunate persons, the objects for whom the
Act of Parliament was framed, unless its provisions were
duly administered. This case was a peculiar one. In
the former state of things many acts of oppression were
perpetrated, under the pretence of lunacy, by parties in-
terested in confining others, and circumstances of that
sort had frequently come before the public. In conse-
quence of this, the Act 2d and 3d William IV. was
framed, but it was not found satisfactory, and a latter
Act was passed, which was supposed to be so framed
as to prevent all acts of oppression, as extreme care
had been taken to prevent any sort of fraud
in the operation of such cases, and it gave
to these unfortunate parties the greatest protec-
tion which could be given with any regard to the
safety of others; and in fact took care that they could
not be injurious to themselves or others. In order to
found any psoceedins; or complaint, it was enacted that
the party who should proclaim what he believed to be
insanity in any individual should issue an order. No
person in particular was required to issue that order ;
and the necessity of answering the printed questions in
the order was merely to show how the lunatic ought to
be tr, ated. He thought that in this case nothing could
possibly be more proper than the conduct of the clergy-
man of the parish, for here he found the person in such
a state as to give him reason to believe that she ought to
be confined. The Act of Parliament is peculiar in its
wording, and in the 45th section it said that no person,
not a pauper, should be sent to any lunatic asylum,
unless under an order containing the forms men-
tioned in schedule B of the Act. The question
was, whether those peculiar forms had been com-
plied with in this order ; and in his opinion
the order was sufficient, for there were some statements
expressly answered. The inquiry as to religious per-
suasion was properly answered, and with regard to the
inquiries relative to the previous history of the party,
he thought the excuse made was reasonable enough for
not giving the particulars required, because if there was
a person exercising a control over her, and if there was
any reference to be made at all in the matter, it would
be that they could not expect that information from a
person under the control of another, and disturbed in
mind. When that circumstance was alleged by any
person or persons as a reason for not answering their
queries, he thought that the reason was a good and bona
fide one. So much for the order, as to the certificates,
the language of the 46th section of the Act was different
from the 45th. It provided that every certificate should
contain such peculiar forms; but when they saw that the
persons called upon to act were persons known to the
law as being skilful in this particular disease, there was
some reason for not requiring from them the same exact-
ness which they would require from a stranger, or any
layman not acquainted with the question or disease.
The first certificate stated that the lady waq of unsound
mind, because she laboured under various delusions, and
because she was extremely dirty and indecent in her per-
son. He thought it would be monstrous to require all
the peculiarities of these delusions in these cases. There
were, unfortunately, many things which were considered
delusions, and which were, after all, a mere difference
of opinion ; and circumstances of this sort might arise,
which now, according to the Act, referred to persons to
whom, in the exercise of their skill and opinions, these
delusions were perfectly well understood with reference
to the nature of the disease ; and the skilful persons
who certified as to the existence of delusions did quite
sufficient to show that the certificate was a good one.
The latter clause of it alone, " that she was dirty and
indecent in her person," was sufficient to furnish that
opinion ; and the statement of particulars would only
be a matter of offence and disgust. The second certifi-
cate was not so formal; but still it did not follow that the
form given in the Act must be implicitly followed. It
would have been much better that the form laid
down by the Act had been adopted ; but if they
found that the certificate given was equivalent,
they ought to be satisfied. If the gentleman
himself had kept to the printed form it would have been
better for all. The statement of the fact that he had
had a conversation of three hours' duration, from which
he was clearly of opinion that the lady was a person of
unsound mind, was perfectly sufficient. He considered
that it was the statement of a fact required by the terms
of the 46th section of the Act •, and this fact was one on
which a skilful person would be enabled to found an
opinion. The Act required a definite statement ; and
here is a statement made on his reputation. But none
of these proceedings were final—they all led to a course
of inquiry, solely to protect the person who was the
object of it, and the object of these proceedings was to
point out the sources from which information was to be
derived. The Court was, therefore, of opinion, that the
second certificate was in itself good and sufficient ; and
he thought himself bound to go further, and to state that
it. the Court should be of opinion that on the return the
party was still a dangerous lunatic—it would betray its
duty to the law and to every member of society if it were
to say "Set that person at large." The Court had no
power to set that certificate aside. Their only
power was to set the party at liberty. Would it be jus-
tified in letting the party at large, though they might
be satisfied that the probability was that there w.tild be
danger and mischief to life in such a course? And lie felt•
himself bound to say that the liberation of an individual
would be an abuse of the very name of liberty, when his
liberation would only be hazardous to himself and others,
and those who had any interest in the welfare of these
unfortunate persons ought to be anxious that the re-
straint imposed upon them by the Act of Parliament
should continue.

The other Learned Judges expressed their entire con-
currence in these observations, and Mrs. Shuttlewurth
was remanded back to her original custody.

COURT OF EXCHEQUER, Nov. 17.

HUNTINGTON U. THE GRAND JUNCTION RAILWAY

COMPANY.

In this case, which was tried at Warwick, the plaintiff
sought to recover compensation for the loss of a quan-
tity of pearl-shell, which he had forwarded by the Com-
pany in question. It appeared that, through the negli
Bence of the Company's servants, a gross fraud had been
committed upon the plaintiff ; the goods had by some
means been abstracted, and a quantity of rubbish sub-
stituted. The jury at the trial found a verdict for the
plaintiff.
Mr. HILL now moved for a rule, calling upon the
Master to review his taxation in the cause. The verdict
originally returned for the plaintiff was subsequently
set aside on the ground that it was contrary to evidence,
and a new trial was ordered to be had ; upon this
trial fresh counsel were engaged, and a verdict was
again returned for the plaintiff. But the Master had
only allowed the costs of the second trial ; and the
question which was now sought to be referred back to
the Master was, whether the costs of the former trial
should not be allowed. He contended that unless such
a course were adopted, a large and powerful company
like the Grand Junction uould be always able to make
success too dear, and thus deter parties from suing them,
on the ground that they had better lose 201. than go
to law.

The LORD CHIEF BARON—That is merely reading
you a practical lesson, Mr. Hill.
Mr. HILL—I always understood that the successful
party had their costs.
The LORD CHIEF BARON—Not always.
Mr. HlLL—Then I suppose it is a mere fiction that
the losing party pays the costs.
The Loup CHIEF BARON—That may be so.
Mr. HlLL—Then I contend, my Lord, that, although .
it may be law, it.is riot justice ; and the result of such a
course will be, to enable the rich to say to the poor—
" Although we have committed an act of injustice
towards you, you had better not go to law with us, for
you will have to pay the costs."
Mr. Baron ALDERSON—There will always be difficul-
:ies connected with going to law.
After considerable argument, the Court refused to
grant the rule.—Rule refused.
PETERS V. DOBSON.

In this action, which was tried at Guildhall last 'aura

of the defendant from custody, on the ground that he
had been committed under an erroneous construction of
the Bankruptcy Act. The prisoner, a bankrupt, had
obtained his certificate, but a judgment against him
having previously been obtained in the Court of Queen's
Bench, on Saturday last, an application was made to
Mr. Justice Erle by the plaintiff; founded on affidavits,
setting forth that the bankrupt had been in the habit
of gambling, by which he had got into his difficulties,
and praying that under the circumstances the Learned
Judge might order his committal He was in con-
sequence ordered into custody, as it was alleged the cer-
tificate of bankruptcy did not bar the authority of the
Court, The present application was on two grounds—
first, that the judge had mistaken the true construction
of the Act; and, second, that the defendant was prepared
by affidavits to deny the charge of gambling.
The COURT thought it was a very proper question for
consideration, and would grant the rule nisi.

COURT OF BANKRUPTCY, Nov. 17.
(Before Mr. Commissioner SHEPHERD.)

day, before the Sheriff of London, the plaintiff sought
to recover the sum of 101. 17s. 6d. for goods sold and de-
Itvered. The deli ndant pleadel that the goods were not
according to order, that the credit had not expired upon
which the goods were sold, and lastly, non acceptance of
the goods under the statute of frauds. A verdict was
returned for the plaintiff, with leave to enter a nonsuit,
or to move for a new trial.
Mr. PRENTICE accordingly now moved for leave to
enter a nonsuit upon the first of the grounds above
named. It appeared from the evidence given on the
trial that the plaintiff's traveller called upon the de-
fendant, and asked for an order for some goods, after a
short time defendant gave him an order, and some goods
were sent the same evening. Defendant looked at. them,
and considering them not of the same quality as ordered
by him, returned them to the plaintiff before twelve
o'clock on the next day, and upon the same evening they
were again brought back to the house of the defendant ;
upon their arrival the defendant said he would have no-
thing to do with, them, and threw them out into the
street, where they were picked up by a policeman and
conveyed by him to the station-house, where they still
remained. Upon those grounds, 'it was now contended
that this did not amount to an acceptance of the goods
under the statute of frauds. Upon the other grounds

KING V. DAVIS.

This defendant was a milkman, in Crown-street, St.
Giles's, and was summoned under the Small Debts Act,
to show cause why he did not pay the sum of 31. Is. debts,
and 4/. 18s. 3d. costs.

was contended that the verdict was against eriiience.
- • •

The COURT—Take a rule to show cause.

The Court having disposed of a number of unimportant
motions, proceeded with the cases set down on the new
trial paper. The first case taken was that of
PITT AND OTHERS, ASSIGNEES, U. CLEGG AND EXECUTORS.
This was a case tried at Chester at the last assizes.
before Mr. Justice Williams. It was now sought to set
aside the verdict then entered for the plaintiff:
The point raised for the consideration of the Court
was one of considerable importance, viz., whether the
liability of a banker to pay the money deposited with
him by his customers, after the expiration of six years,
was at all affected by the statute of limitations.
The ATTORNEY-GENERAL and Mr. WELSBY were
heard at great length for the defendant, and contended
that the relation between the banker and the depositor
was simply that of debtor and creditor, and that the
obligation of the banker to honour the cheques of the
depositor was simply a long-established and general
usage, but that such usage did not at all, affect their
respective relations to each other.
Mr. Chiltern, Mr. Townsend, and. Mr. Egerton were
defendant could coßTutlodokntoi ad the statute of
heardef upon the opposite side,. and contended that the
Limitations.
meP°tosscibonlysidPerle.

Mr. T. B. HUGHES appeared as counsel for the de-
fendant, and said that this was the second time that the
defendant had been summoned. In the first case he was
summoned as David Davis, in which name judgment had
been issued against him ; he was now summoned as
Daniel Davis. This was evidently wrong, and he had
to submit that the Learned Commissioner had no power
to act on a summons clearly issued against a party not
on the record or judgment paper. . .

The Learned iilolWmissuiNl u said that the defendant
had appeared and admitted himself to be the party, and
therefore he thought that he was empowered under the
words of the Act " to summon and examine such person
indebted."

Mr. HUGHES said, that if his Honour considered the
position of. the Sheriff in such a case, it would probably
determine his opinion, it was clear that no Sheriff would
levy on the goods of David, the execution being against
those of Daniel.

The Learned COMMISSIONER said he should try the
question by making an order.
Mr. HUGHES said the Sheriff would levy at his peril.
The defendant was willing to pay the debt, but would
not pay the costs of an action which had been continued
for the sake of costs, after information had been given of
the error.

The Learned COMMISSIONER considered this a fair
offer, and, as it was rejected, refused to make any order.

POLICE INTELLIGENCE,
(YESTERDAY.)
MANSION-HOUSE.

Elizabeth Wood, the wife of Benjamin Wood, a City
policeman, was brought before the Lord Mayor for final
examination, upon the charge of having wounded her
husband, with intent to kill and murder him.
Benjamin Wood, who had been in St. Thomas's Hos-
pital in consequence of a wound inflicted upon him up-
wards of a month ago, stated that on the 14th of Octo-
ber he was living with his wife in Talbot-street, Grace-
church-street; that at a quarter past one o'clock he had
his uniform on, and was ready to go on duty, and lie
complained to his wife about his dinner not being ready.
They had a few words about it, and he put on his hat
to go out, and as he was going towards the door, she
threw a knife at him, which struck him in the throat,
but he did not think she threw it at him intentionally to
wound him. He then felt the blood running down, and
it was streaming about the floor ; and he ran down
stairs to Dr. Smith's, and was taken to St. Thomas's
Hospital, where he had been ever since. He did not
recollect that he had made use of any threat towards
her. He thought she had sat down to her dinner, and
he thought she had the knife in her hand at the time.
He did not think she had pieked it up purposely to throw
at him.

The prisoner—My Lord, he took up his truncheon to
strike me with it. All the rest he has said is the truth.
I never meant to hurt him.

The witness said, in answer to a question from the
Lord Mayor, that he did not recollect whether or not he
had his truncheon in his hand at the time, unless he was
in the act of putting it in his pocket.
Mr. F. L. Clarke, assistant-surgeon at St. Thomas's
Hospital, said that he went to Wood, who, upon being
brought into the hospital, was attended by Mr. Solly,
who was endeavouring to secure the bleeding vessel,
having slightly enlarged the wound for that purpose.
Wood was bleeding profusely from the wound, which
was on the left side of the neck. The branches of the
carotid artery had been severed, and Mr. Solley suc-
ceeded in repressing the bleeding, by pressing his finger
into the wound, and, as the only alternative, Mr. Solley
asked him to cut down upon the carotid artery, and pass
a ligature round it, as it was evident, if that were not
accomplished, the man could not have survived more than
two or three minutes. Witness effected that operation
by making a distinct wound down the neck, and the
bleeding instantly ceased. Since that time the wound
had progressed favourably, but until the wound had in a
great measure closed, the patient was in danger.
John Davis, a City policeman, stated that after Wo, d
had been taken to the hospital, he saw the prisoner, who
stated to him, that while they were at dinner, they had a
quarrel ; that he threatened to knock her down, and
that she threw a knite at him which she had in lit r
hand ; that as he was stooping down to -pick it up, she
saw the blood running from his neck, and she halloed
out " Murtler."

The LORD MAYOR told the prisoner she might say what
she pl'ased in her defence.
The prisoner said—My Lord, I never intended to do
him any harm. The reason why dinner was not quite
ready, which made him angry, was that I had taken my
work home to Fish street-hill, and I had to wait till the
lady gave me more. I then went home, and it wanted a
qu trter to one. Wood had all his clothes on, and I laid
the cloth before I went out, and he was angry with me
fur being so long, and began to swear at me. Ile stood
by the table with his truncheon on the table. I sat
down and cut his and my own dinner, and took the knife
in my hand to begin my dinner, and he swore that he
wo ,ld knock my head with the truncheon, making use
of an oath. He had his hand up with the truncheon;
and I said, if you attempt to strike me, I'll throw this
knife at you. I thought he intended striking me, and I
thought I saw the truncheon coming down with his
hand. I had no intention of striking him with the knife,
nor did I know I had done so until I saw him stoop ; I
saw the blood, and I was frightened, and I hallood out
" Murder." Ile told me not to hallo, and he put his
hand up as well as one of mine, and a man and woman
came up, and took the truncheon from his hand as he
stood bleeding.. I never intended to do it, I'm sure.
The Loan 111AYOR—Prisoner, you have got yourself
by your passionate temper into very serious trouble. It
is my duty to commit you for trial. You can represent
those things which you have stated to me upon your
trial, but you stand committed for having made the as-
sault with the intent to commit murder.
The prisoner again solemnly declared that she never
had a thought of injuring her husband, and handed in
several letters, which she said she had received from her
husband since the melancholy occurrence.
She was then committed fur trial.
GUILDHALL.
Two persons who had been masquerading in female
attire were brought before Mr. Alderman Musgrove,
charged with stealing a pin from Frederick Newhnrst,
of Nwcastle-street, Strand. One of them appeared at
the bar in walking costume, the other had thrown away
the false curls, and torn up the bonnet and dress, and
appeared in a shirt ; but he had still the shawl to pro-
tect him from the cold, and from the waist he was still
clothed like a• woman.. Amongst the articles they had
Mt off in the cell were a pair of stays and two napkins.
Mr. Alderman MUSGROVE required the prisoners to
give their real names.

The one who still wore the complete dress, and who
gave the name of Emma Anderson at the station, now
said his proper name was John Anderson, and Jane Wil-
son became Edward Sullivan. The latter was recognised
as a strolling tumbler.

Templeman, a City policeman, stated that he saw the
two prisoners standing on Holborn-hill with a gentleman
abut half-past twelve o'clock on Sunday night. After
walking a few yards up the hill, Sullivan stopped for a
couple of minutes, and then overtook his companion
again. They immediately left the gentleman, crossed
the street, and turned up Shoe-lane. From their leaving
the street he suspected they had robbed the gentleman.
In a few momenta a constable came up with the gentle-.
man, and said he had been robbed of a pin, and the pri-
soners were overtaken in Shoe-lane. The pin was not
found. One of them wore silk stockings, and had very
long back !lain; and, their true sex not being suspected,
a woman wss directed to search them thoroughly. The
searcher very soon cried out—" Officer ! come in ; they
are both men !" and she was relieved from further
trouble. The gentleman did not appear that morning
to support his charge.
Mr. Alderman WILsoN (who was also on the bench)
asked how Sullivan's dress was torn so much ? The
officer said the prisoner had done it himself. He was
now ashamed to be dressed as a woman.

Mr. Alderman MusattovE asked the prisoners why
they had assumed this disguise ? Anderson, who has
rather a feminine voice, said it was altogether a false
charge preferred by the gentleman, because, knowing
they were not women, they would nut let him pull them
about. They dressed as women by way of a joke, to
prove that they would dare to walk to the Angel at Is-
lington in that dress. They had been as far as that place,
and were returning, without speaking:to any one, when
seenhad them Alderman
or be
tuhs
ear a
oo
the gentleman accosted them.
fvEtheamskiend wifomaneyn,osf
ctlhoeth
epsolbiece.
fore ?

George Ham, a policeman, said he had seen An-
derson walking up and down his beat, in St. Martin's-
le-Grand, three or four times during the last three weeks.
Ile always wore the veil, and was always alone.
Mr. Alderman MUSGROVE expected to hear such in-
formation.' The training of Anderson's hair was not a
momentary act. He should be happy to be convinced the
whole thing was a joke, but he was apprehensive that
they really intended to lure men to their haunts, under
the pretence of being women, for some dreadful purpose.
Such gross outrages upon the public decency and feeling
must be checked in !inane, and he should remand them
till Friday, that the police might make a full inquiry
into their past lives and habits.
They were conveyed to gaol in a cab amidst the jeers
of the crowd.

BOW-STREET.
Daniel Davis was placid at the bar charged with
causing the death of Mark Colville, by carelesslrdriving.
The deceased was a porter in Hungerford market, and it
appeared that on Friday evening last, he was crossins.
Whitehall-place with a load on his back, when the pri-
soner, who w as driving a ginger beer cart in Whitehall,
suddenly turning knocked him down, and the wheels
passed over itlis head. Ho died since of the injuries, end

COURT OF COMMON PLEAS, Nov 17.
CLARKS v, SMITH.
Mr. WATSO.I moved for a rule uisi for,tlae discharge

THE SUN, LONDON. WEDNESDAY MORNING: NOVEMi3ER is. 1846._

the prisoner had been remanded from Saturday Io await
the result of the coroner's inquest.
An inspector of police now informed the magistrate
that the coroner's jury had returned a verdict of Acci-
dental death, the evidence in favour of the prisoner
having satisfied them that he was not at all to blame.
He was accordingly discharged ; but before leaving the
Court, he requested the magistrate would accept from
him a sovereign to be applied at his worship's discretion
for the use of the unfortunate man's widow.
Mr. JARDINE considered the considerate conduct of
Davis highly creditable to him, and he (Mr. Jardine)
would willingly take charge of his bounty, and see that
it was properly applied. He would not allow the woman
to receive the money in one sum at once, but would give
it her as she wanted it.
MARLBOROUGH-STREET.

David Clary was charged with an assault upon an old
woman, and also upon the police.
Betty Martin, the complainant, who lives in Seven
Dials, said the defendant was a lodger at her house.
On Monday night there had been some riot on the Dials,
in which the prisoner took part. The complainant went
up to him, and asked, " what is the matter ?" She
said to him, " you know best," and without another ob-
servation on either side, the defendant kicked her vio-
lently in the abdomen, and attempted to repeat the
assault.

Police-constable Bi, said he attempted to take the pri-
soner, who said he was sorry he had not killed the old
woman. He resisted, and struck police-constable 95 a
severe blow in the face with his left fist ; he struggled
and kicked, and swore he would yet give 95 a b----y
stick, which would stop his breath. The witness said
the prisoner had a check-lock key on his finger, and
pointed out from his closed fist at the time he struck the
constable 95, which, if it had struck him in the eye, as
the defendant evidently intended, it would have deprived
him of the use of it for life.
Police-constable 95 corroborated this witness.

delt ndant or those connected either professionally or
otherwise with him. I felt it to be my duty to Mr.
Haw, believing him to be a respectable member of the
profession, and notwithstanding what had occurred at
his office with reference to myself, to call upon him this
morning, and, in an interview which I had with him, to
ten him that I should come to this court aid acquaint
you, Sir, with what has transpired. I invited him to
meet me here, and hope he is here.
Mr. BURRELL—It don't appear that he is present. I
do not conceive that I ought to feel any difficulty,under
the circumstances, in granting you a fresh summons
whenever you may apply for it. I cannot promise
beforehand, because I cannot say what may be alleged
on the other side. _ _

Mr. Wooffe-rePeated that he pledged his professional
reputation for the truth of his assertion.
Mr. BURRELL—I have not the slightest inclination, I
assure you, for a moment to question your veracity.

INCENDIARY FIRE.
NOTTINGHAM, MONDAY.

A very extensive fire was discovered on Sunday night
in Friar-lane Chapel, in this town, which is evidently
the work of an incendiary. About eleven o'clock Mr.
Hebb, hair-dresser, of Swinton, adjoining this town, was
on his way home, and on passing the chapel he perceived
volumes of smoke coming out of the windows ; he cried
out, " Fire," and a policeman being near, a closer in-
spection was made, and on looking through the windows
the pulpit was found to be in flames. A messenger went
with all speed to the watchhouse, and in a few minutes
Meldrum, Truman, and the firemen, with an engine,
were upon the spot, and drawing a fire-plug in the street,
the engine was in play in five minutes after their arrival.
In an hour the flames were subdued, and the interior of
the chapel being entered by means of breaking open the
large front door, the pulpit was found to be entirely de-
stroyed, the gallery and organ extensively burnt, and
the wood floor on which the pulpit stood, the reading
desk, and several pews altogether destroyed and reduced
to ashes. The firemen remained in the chapel inspect-
ing all its parts, to discover, if possible, the cause of
this disaster, supposing all to be safe, when at a quarter
before three, a second fire broke out in a pew in the
north-west corner of the chapel, which had evidently
been smouldering fot hours, the articles burning not
being of a very combustible nature. This part was oc-
cupied by Mr. Cripps, who was elected mayor a week
ago,-and had cushions on the seats covered with crimson
velvet, stuffed with wool, and there had been placed in
one corner a cushion, brought from the reading desk in
an ignited state, on which was placed a boss or two, no
doubt under the expectation that these would fire and
communicate with the woodwork, and so set the whole
chapel in a blaze. This second fire, however, was disco-
vered, and put out before much mischief had been done
in this part of the building. In an hour after the alarm
had been given, the mayor, being acquainted with the
circumstance, was on the spot, where he remained, and
a most searching inquiry took place as to the cause of
this work of destruction. It was discovered that the
vestry had been ransacked, nearly a bottle of wine in a
cupboard had been drunk, a cash-box broken open, and
the vestry door left wide open. Against an outer door,
leading to the street, which was locked, a chair had
been placed, and feet marks upon the wall and on the
top of the door were seen, proving the way taken by the
party doing the mischief to make his escape ; in short,
the whole of the circumstances proved that the fire had
been the work of an incendiary. The chapel was at-
tended very fully last night, to hear the regularly ap-
pointed minister, the Rev. Joseph Gilbert, who has for
may years been the pastor of the congregation of Inde-
pendents assembling in that place, and the lights were
put out, and the building left safe at nine o'clock. The
building is very handsome, erected at great cost, and had
a fire toned organ in it, which is seriously injured.
What amount of damage has been done cannot yet be
properly estimated ; it must, however, take several hun,
dred pounds to repair the mischief. The greatest indig-
nation is expressed against the author of so diabolical an
act, but no cause can be assigned, as both the minister
and the mayor are very highly and universally respected.
Mr. Bowman, spirit-merchant, and others, on the fire
being discovered, assisted in removing Mr. Wiggerton's
valuable horses and carriages, which were close to the
chapel, and much other property liable to be destroyed
had the flames got the mastery.

The prisoner made no defence.
Mr. LONG said he would send him for one month to
the House of Correction for the assault on the police,
and he would fine him W. for the brutal assault on the
old woman, which he must pay, or go to the House of
Correction for two months.
CLERKENWELL.

A fashionably-dressed young man, who said his name
ivas Jeffs, but refused to give any address, was brought
before Mr. Combe, in company with a filthy-looking
old Irish basket-woman, under the following rather
ludicrous circumstances:—

LATEST
Iti BANKS, ASS'

Constable 22 N, slid, that on Monday night he saw a very
elegant, dashing-looking cabriolet and horse standing
opposite the Peacock Tavern, Islington, and the female
prisoner seated in it, with her market basket and porter's
knot beside her. She was very drunk, and was shouting
out at the top of her voice that she knew she was born
to the height of good luck, for sure now she had got her
carriage to ride in. N 22, however, soon dispelled
the dream, by handing her as gently out of the vehicle zs
circumstances permitted, and lodging her for the night
at her Majesty's expense. The horse and cab were
taken to the green yard, and in about half-an-hour after-
wards the male prisoner was discovered stupidly drunk
near Islington Church, when he was also taken to the
station-house.

Frc
ÜBLISITED EVERT
LONDON
OXINT'

When both the prisoners were placed side by side in
the dock in the morning, Mr. Jeffs seemed not to relish
the propinquity of his fair companion so much as he did
on Monday night, when he took her for an airing all round
Islington. The female was discharged, and Mr. Jeffs
had to pay the usual fine for being drunk.
Owing to the information received by Mr. Greenwood
on Monday night from the police, relative to the state of
the unfortunate woman, Mrs. Haines, for an attempt on
whose life a man, named Henry Wilmot, was examined
at this office, the worthy Magistrate considered it
to be his duty to take the woman's deposition
as soon as possible, and accordingly, accompanied by
Mr. Mallett, the chief clerk, he proceeded to the hospital
for that purpose. The prisoner Wilmot was also present
during the taking of the deposition.

IMPORTATIONS OF PROVISIONS

FROM IRELAND.

The importations of provisions into the port of Liver-
pool from the Irish ports during the week from the 30th
ult. to the sth inst. inclusive, comprised the following
list of articles :-10,179 firkins, 300 half-firkins, 1,078
baskets, casks, &c., and 323 boxes of butter; 312 sacks
and 602 barrels of wheat, 1,952 sacks of flour; 196 sacks,
SOO qrs., and 2,256 barrels of oats ; 21 tons weight,
399 sacks, and 4:30 packages of oatmeal ; 50
barrels of barley, 72 sacks of malt, 512 boxes and
tierces and 35 other packages of linens and cottons ;
50 tons weight and 347 bags of meal, 11 bags and
6 casks of seed; 317 kegs and 8 casks of lard;
44 bags of feathers ; 259 barrels, 24 kegs, 42 firkins
and 10 other packages of pork ; 13 packages of general
provisions ; 11 packages of hams, 142 casks of
whisky, and 332 bales of bacon. The arrivals
at the port of Bristol in the same period comprised
110 cwt. and 14 casks of oatmeal, 4,271 barrels and 300
sacks of oats, 175 hampers of bacon, 1,624 packages of
butter, 24 of pollard, 137 kegs of lard, 64 barrels and
72 other packages of barley, 66 of pork, and various
other articles ; and, according to a second return from
the same port, of the arrivals from Ireland up to the sth
instant, 646 barrels of barley, 700 firkins of butter, 445
bales of bacon, 120 kegs of lard, 35 tierces and 39 bar-
rels of pork, 50 sacks and 150 barrels of oats, 26 casks
of whisk, 31 firkins and casks of lard, several packages
of hams and other articles, which do not require to be
more particularly specified. The importation of similar
articles 6f supply into the British metropolis from the
sister island, up to the latest authentic and current
returns, consisted of the subjoined list in a compen-
dious form, which includes the supplies at this port
from the quarter mentioned, from the 30th ult,
to the 10th inst., inclusive :-3,457 quarters and
888 barrels of oats, 1,000 barrels of barley, 4,597 tierces
and hampers of bacon, 29,526 packages (of various ki,.ds)
of butter. 703 tierces and other packages of lard, 148
bales of linens, 49 packages of hams, 1,498 packages of
pork, 33 of waste, 197 of middles, 229 of paper, 123 of
whisky, 1,800 boxes of soap, 737 packages of general
privisions. 361 casks of porter, 60 packages of malt,
24 of Farina en., 1,294 boxes and other packages of
eggs, 24 of tongues, 104 of beef, 40 of lemons, some of
portable soup, 46 pigs, 41 head of horned cattle, 138
sheep, 107 of general merchandise, and a variety of other
articles, of too varied and general a character to be more
specifically enumerated. In giving this list of arrivals
at the ports of London,, Liverpool, and Bristol, from
Ireland, which are of especial interest, and of equal im-
portance at the present time, we forbear to advance any
concluding remarks, further than that the supply of
butter has been of an unusually extensive nature, whilst
that of other descriptions of provisions have far exceeded
the usual average arrivals from that country.

TENACITY OF ORGANIC LIFE IN AN ALLIGATOR.
—Some weeks previous to the period of which I am now
speaking, a solitary alligator had made his appeare ace
in Galveston Bay, nearly opposite the doctor's house,
and had been so far petted by the men, who threw him
waste fish, as to have se cured, apparently, his residence
in that quarter. Feeling anxious to obtain the skin of
one of these reptiles, I one day went out to shoot him,
if possible, having loaded my gun with ball instead of
shot. At about fifty yards distance I got five discharges
at the mark formed by his eye, which just rose above
the sea sufficiently to enable him to look along the sur-
face. The visible portion was not larger than the centre
of a target, and, as my fowling piece was not adapted
fur ball, it is no marvel that so small a mark was
missed. When the ball passed within an inch or two
above his eye, he took no notice ; when it hit his head
or body, he merely sank fur a few minutes, and came
up again as coolly as ever. At length the doctor
brought down one of Colt's six-chambered rifles, and, at
the second shot, hit him. I sent a man into the water
to fetch him out, when it was found that half the upper
part of his bead was carried away, leaving the brain
bare. Still, his muscular power was excessively strong,
and rendered it no easy task to meddle with him.
Under the se circumstances, as well as in order to free
the creature from pain, I cut the head quite off, and pro-
ceeded to skin the carcass. This operation lasted nearly
five hours, and even when, after that lapse of time, I
threw the remains into the sea, the vitality had by no
means ceased. This amazing tenacity of life conld never
have been believed unless it was seen ; but, of course, all
sensation must have ceased when the decapitation was
effected. The skin of an alligator will not strip off like
that of any ordinary animal, as the hard, tendinous flesh
grows into it, and thus renders the operation of separating
the two both difficult and tedious.—Simmons's Colonial
Magazine.
THE LATE FATAL OCCURRENCE ON THE LONDON
AND NORTH-WESTERN iZAILWAY.—On Monday even-
ing, Mr. G. I. Mills resumed the inquest on the body of
Enos Lea, aged 29, a porter in the employ of Messrs.
Thomas Stricland and Co., railway carriers, who was
killed by being jammed between the buffer of some lug-
gage trucks at the Camden-town station of the above rail-
way, on the morning of Friday last. The inquiry was
adjourned on account of neglect being imputed either to
the police on duty, or to the engine-driver of the train.
From the additional evidence adduced, it was shown that
the luggage train, which ought to have left Birmingham
at nine o'clock on Thursday evening, did not do so until
an hour after, and its time of arrival at the Camden-
, town station is three in the morning; but on Friday
last it eid not arrive until forty minutes after seven, up-
wards of four hours and three-quarters after its proper
time. Shortly after its arrival, while the deceased was
engaged in moving a truck from the turn table
to the weigh bridge, the signal was given to the engine-
driver to close the buffers, for the purpose of slacking
the coupling chains, and in doing so deceased was
crushed between the buffer of the truck he was moving
and the one next to it, and was killed almost instantly.
The jury returned the following verdict :—" That Enos
Lea was crushed to death betwe en the buffers of two
trucks on the London and North-Western Railway, im-
pelled by a certain locomotive engine which had brought
the train of 54 carriages, on the previous night, from
Birmingham; that such train being four hours and three-
quarters behind its time, coupled with the fact that
there was a disregard of signals, was the main cause of
the occurrence; and the jury cannot but express their
sense of the danger which must always result from
such neglect of time signals." The Deputy-Coroner
having expressed a hope that so powerful and wealthy a
company would for the future pay attention to these two
essentials in railway management, the proceedings ter-
minated, after lasting nearly three hours.
The remains of the late Colonel Spottiswoode, of
Spottiswoode, were interred in the family vault, at Cold-
stream, on Friday, having been removed thither from
Torquay.
Sir Robert Peel is recovering from a severe attack ,
of gout.