The Sun.
London, England, 1870-05-09 00:00:00

LAW AND POLICE.

NON-ATTENDING Junons.—At the Nisi Prius sittings
of the Court of Common Pleas, an accident case came
on involving a great deal of contradictory evidence.
The jury in the previous case retired, and a
fresh jury had to be called. Only ten presented
themselves, and the counsel on both sides expressed
their willingness to let the trial proceed with that number.
Mr. Justice Willes, however, said it was necessary to take
some notice of the conduct of those jurors who did not
answer to their names, and had not the courtesy to send
an excuse. Two jurors who had been called six times,
and three five times without being present, were accord-
ingly fined 40s. each.
THE ACTION AGAINST A GOLD MINING COMPANY.—The

Court of Common Pleas delivered judgment in the case of
Villesboisnet v. the Ovens Gold Quartz Mining
Company (Limited), in which Mr. Montagu Cham-
bers moved for a rule for a new trial on Wed-
nesday. It will be remembered that the action
was brought by a French gentleman to recover
£2OO, which he had paid for shares in the above company
ai the alleged fraudulent representation that 2,500 shares
had been applied for and deposits paid thereon, whereas
It was alleged that the company had no capital at
all at the time. A Middlesex jury found for the
llaintiff on the various grounds raised, and
eave was granted to move for a new trial.—
Mr. Justice Keating now delivered the judgment of the
court. As to the verdict being against evidence, Mr.
yustice Willes, before whom the case was heard, was not
..t all dissatisfied with the verdict. As to the alleged mis-
direction of the learned judge, in leaving the prospectus
to the jury for them to define the meaning of shares
having been "applied for," the court was inclined to
believe that Mr. Justice Willes had done right. It was a
rule of the judges that where a document was affected by
circumstances in the case, it was a question for the jury.
However, it might be satisfactory to the parties
to know that if it had been a question of mere law, for the
decision of the learned judge, he would have taken the
same view that the jury did, and this Court would not
have been disposed to differ from, him. There were
some other issues raised ; but, in reality, disposing of the
question of fraudulent misrepresentation, disposed of the
whole case. Under these circumstances, they thought
there should be no rule.

ACTION FOR NEGLIGENCE.—An action for negligence has
been brought in the Court of Exchequer against Messrs.
Collis and Ure, solicitors, of Birmingham. The case was
previously tried before Baron Bramwell, when the
plaintiff, Mr. Matthews, obtained a verdict for £l,BOO
damages. He had instructed the defendants to issue a
writ of capias to hold to bail a person named Lawton,
against whom he had commenced an action to recover
sum of £l,OOO. Mr. Ure trusted in a promise
inade him by Mr. Lawton, and did not put the capais
into immediate execution. Lawton availed himself of
this indulgence, which was technically called negligence,
to leave the country for America, where he generally
resided. Subsequently Matthews effected a compromise
with Lawton for £3,000, and commenced the present
action. Both plaintiff and defendants obtained rules
for a new trial with a view of raising the question of
damages. The plaintiff's counsel contended that the
measure of damages was the amount of the debt, less the
money paid by Lawton in America. The defendants'
counsel urged that the damages given were
excessive, as the plaintiff had come to a compro-
mise with Lawton, who, being perfectly solvent, might
have been compeled to pay the whole amount. The
court refused to order a new trial, and discharged both
rules, though the Lord Chief Baron and Baron Bramwell
expressed their individual opinions that a less sum would
have been sufficient.
THE BIRMINGHAM BREACH OF PROMISE CASE.—On
Saturday the case of " Hayward v. Lyons" was heard in
the Court of Exchequer on a motion for a new trial, on
the ground that the verdict was against evidence and the
damages excessive. It will be remembered that a few
days ago the plaintiff brought an action for breach of pro-
mise of marriage against the defendant, who was a jewel-
ler in a considerable way of business in Birming-
ham. The plaintiff said she had fallen in
love with the defendant when she was twelve
years of age, on seeing him at Birmingham
fair, and that since 1862 up to the time of the defendant's
marriage, she had cohabited with him at various times.
Plaintiff gave evidence of having had the promise to marry
In letters, now burnt, and this was corroborated by some
witnesses. It appeared from her cross-examination that
Te had lived with another man, and borne him a child.
he defendant denied the promise, and called a Birming-
ham detective, who stated that he knew the plaintiff was
a prostitute. The jury awarded the plaintiff £l5O. The
court now granted a rule nisi for a new a new trial on
both grounds asked for by Mr. M. Chambers.

A FICTITIOUS FIRM.-John Joseph Solomon, agent, and
Joseph Ward, draper, have been indicted at the Central
Criminal Court for conspiring to defraud. It will be remem-
membered that the-prisoner Solomon established himself in
Lower Thames-street, City, as an agent as an agent of
a large house in Melbourne. He gave references to the
prisoner Ward, and to another firm, which had no exis-
tence, but from which, nevertheless, an answer was duly
received. On the strength of these references Solomon
obtained a large amount of property, including a quan-
tity of iron wheels from the West of England Engineering
Company. A verdict of guilty was returned in both
cases. Solomon was sentenced to twelve months' hard
labour, and Ward to four months, as his complicity in
the fraud was not proved beyond his signing the letter of
reference.

THE Sze BIRDS ACT. —A poulterer named Miller, of
Leadenhall-street, has been summoned at the Mansion
House for having in his possession 35 terns or sea swal-
lows at the prohibited season. The penalty imposed by
the Sea Birds Preservation Act is £1 a bird, but as it was
proved the birds in question came from Holland, the sum-
mons was dismissed though the Lord Mayor declined to
allow costs.
A MILITARY MATCHSELLER.— A man named James
Seeley, late army school master of the 105th regiment,
has been committed to prison for a month, for walking
before Cambridge House, selling matches, and carrying a
placard complaining of his condition after thirty-two
years' faithful service in the army.

THE ALABAMA CLAnas.—The Associated Press
of New York publishes a despatch from an English cor-
respondent stating that there is no indication whatever of
a reopening of the Alabama claims question. The subject
has not been officially mentioned for several months
and one Government is waiting for the other
to resume negotiations. Neither party is willing to yield
their position, though there is nothing to exclude the
belief that Great Britain is desirous of an early settle-
Fent. The subject is scarcely ever mentioned by persons
ni authority, though when it is a hope is generally
expressed that means may be devised to settle the whole
subject of claims to the honour of both nations.

STRANGE CASE OF WILFUL INJURY.—On Friday
the well-known ironmaking firm of Wolverhampton,
Messrs. G. B. Thorneycroft and Co., took before the
stipendiary, sitting in
in sessions in that town, an
engineer, who had been m their service upwards of a quarter
of a century, named James Aspbury, whom they charged
with misconduct. Two months agoAspbury was nearly the
death of two men, upon whom he turned the steam
whilst they were engaged at work in a boiler ; and one
man, though now out of the hospital, is maimed for
life. Last Monday the other two men were in the boiler,
and again Aspbury turned on the steam and boiling
water, and the men were both seriously scalded. The
atipendary magistrate inflicted the maximum penalty,
which is three months hard labour, in default of the pay_
anent of £2O and costs.
THE RED RIVER. The so-called delegates
Father Richolt and Mr. Scott were brought up at
Ottawa on April 23rd, charged with aiding and abetting
the murder of Thomas Scott, at Fort Garry. Great in-
terest was felt in the proceedings, the court room
being thronged, and many persons came from the Red
River itself. On the magistrate taking his seat
Mr. Lee, the Crown prosecutor, said that after consulting
with the counsel of the private prosecutor and considering
the evidence of the witnesses who had been examined,
they had come to the conclusion that the evidence they
had to produce would not be of such a nature as to justify
the committal of the prisoners. The private prosecution
had consented to withdraw from the proscution, and as thd
Crown had no further evidence to offer, and no wish to
press the matter further, it also withdrew. The magistrate
said there was no case against the prisoners, and ordered
them to be discharged. The prisoners left the court amid
the congratulations of several friends, and the crowd
which had assembled quietly dispersed. A. person arrived
at St. Paul from Red River says that when ho left
'Winnipeg, the people were quite ignorant of the angry
excitement in Canada. Riel has confiscated the whole of
the M`Kenzie River supply of furs recently received, a
two years' catch, worth 45,000 dols., and only delivered
them up, when ransomed by M`Tavish, by payment of
3,000 dol.& down and the promise of 1,000 more when
peedol