The Sun.
London, England, 1846-12-12 00:00:00

EXCHEQUER.-(THIS DAY.)

K`AULIFFE V. COCKBURN.
In this case the jury, after an absense of two hours,
returned into court with a verdict for the plaintiff.—Da-
m ages 401.
SIMMONDS V. MUNTZ, SPOONER, AND TWELVE OTHERS.
This was an action brought to recover a considerable
sum duo to the plaintiff for services rendered as a traffic-
taker upon the Southampton, Manchester, and Oxford
Junction Railway (a scheme which originated during
the late mania), and of which the defendants were mem-
bers of the managing committee.
EMr. Humfrey and Mr. Bagleer appeared for the
plaintiff, and Mr. Martin for the defendant.
The plaintiff in this case was, it appeared, employed
by the managing committee to take the traffic upon the
line above-named. The terms upon which the traffic
was to be taken were, that he was to receive 15/. per
mile. Of this sum, Si. was to be paid upon
the commencement of the work, another 51. on the
delivery of the traffic tables, and a further and final sum
of 5/. upon the Bill passing the Committee of the House
of Commons. The line in question was stated to be
about sixty miles in length, and consisted of two branches
—one from Andover to Didcott, and the other from
Andover to Swindon. The traffic tables were completed
by the plaintiff and his assistants within proper time ;
the managing committee, prior to the completion and
delivery of the traffic tables, resolved upon abandoning
one portion of the projected l'ne, that between Andover
and Dideott, and in consequence of this resolution the
traffic tables of the plaintiff• had to be remodelled. The
contract Was entered into on the 22d of September, 1845,
and the traffic tables in question were delivered early in
the month of January following.
The present action was brought to recover the sum of
600/. upon the two last instalments unpaid by the com-
pany ; also the sum of 60/. for the extra work of re-
modelling the traffic tables ; a further sum of 75/. for
the traffic upon the whole line, the length of which, in •
stead of being 60 miles, as represented to him originally,
was 65 miles ; and a further sum of 607. for expenses of
several journeys to Bristol and Birmingham upon the
affairs of the company.
On the part of the defendant a variety of pleas were
put upon the record, and the sum of 3001. was paid into
court, and it was contended that this amount was all
that the plaintiff was entitled to receive.
In support of the plaintiff's case, a number of witnesses
were called, who gave evidence of the fact of the
various defendants signing the register as provisional
committeemen, and a consent to act as such, and of their
appointment as a managing committee ; that they re-
ceived the traffic tables, and acted upon them, and that
they abandoned the project before going to Parliament,
and had since returned one guinea upon each share.
The LORD CHIEF BARON—I am already of opinion
that the plaintiff cannot recover upon the third instal-
ment. Itiwas contingent upon the passing of the Bill
through a certain stage which never arrived, and it had
not been proved that the defendant had stopped short
fraudulently for the purpose of keeping him out of the

money.
Mr. MARTIN now contended that the traffic tables
were not properly or correctly got up, and went at con-
siderable detail into the questions of the proper mode of
making out these tables.
The LORD CHIEF BARON interposed, and said that it
was perfectly idle to waste the time of the Court and the
jury by this species of inquiry, and suggested that the
matter ought to be referred to some gentleman out of
the court.
By the consent of the counsel on both sides the trial
was postponed, in order to ascertain whether the de-
fendants would abandon that portion of their defence in-
volving the question of the proper mode of preparing
these tables.
The case was accordingly postponed till Monday
morning.

LONDON SESSIONS --(THIS DAY.)
To-day a General Quarter Session of the Peace was
held by adjournment. There were no traverses, and the
grand jury was sworn in.
The Learned RECORDER, in addressing them, said that
the cases generally were for assaults. One case, how-
ever, was of a more peculiar nature, being an in-
dictment against a person for refusing to serve the office
of inquest man. It was necessary to tell the jury, that
any inhabitant of the lands of the City, paying rates,
owing suit and service to the Court Leet, and entitled to
attend the wardmotes, was liable to serve on the inquest,
but the jury had better confine their attention to the
facts, whether the party so indicted was so entitled, and
whether he had been duly elected and had refused to
serve? If they found all these facts they would return a
true bill.
The grand jury, after a short time, returned a true
bill for the above misdemeanour, but the defendant did
not appear. The other bills were for trifling assaults,
but the Court was detained until twelve o'clock, in con-
sequence of the parties not being present ; the cases
heard were very trifling assaults.
On the names of the jury being called, an application
was made to excuse a gentleman who was a director of
a public company ; he was excused on the ground of
being above age, but the Lord Mayor said all the direc-
tors having offices in the City were liable to serve on
iuries.

GUILDHALL.—(THIS DAY.)
John Boss, who was some time ago in the service of
Mr. Gray, of Blackfriars, and whose brother was yes-
terday remanded upon the charge of unlawfully receiv-
ing a coat, was this morning placed at the bar before
Mr. Alderman Sidney, charged with being the actual
thief. An officer of the City
needtive police, yesterday,
took him into custody. W coat was shown to
the prisoner, he said that he recollected having bought
it in Stamford street of a The wha
broving
r, aftenrwar hisds
defence
sold it
to his brother for 30s. the i
yesterday, said it was he that bought the property
hat from
a Jew, in King's-road, Gray's Inn lane, and t the
worthy Alderman (Wilson) s• emed to think the pur-
chasing of such property in the streets from an un-
known person was the strongest case against him.
After hearing some further evidence against the pre.
sent prisoner, the Court directed the two prisoners to be
brought. up again on Tuesday.
EXTENSIVE FRAUDS IN THE CITY.—Mr. Alderman
Sidney and Mr. Alderman Chaliss were occupied a great
part of the morning in hearing further evidence in the
case of the young man Catch pole, who was remanded
istipto,n several charges of having obtained parcels of satin,
Commercial
-road,
under the pretence that
they were ordered b emPloyer Mr. Lynn, of the
Co., Messrs Felton andadditionaleminent
o from
Eve,
or ifo usst
ra
uel:sanudh
.utrhcehy casesa wholesaler cl
being considered complete, the prisoner was committed
for trial.