The Sun.
London, England, 1846-08-29 00:00:00

JUDGES' CHAMBERS, August 27.

IN THE MATTER OF WILLIAM CROWTHER, A PRISONER IN
YORK CASTLE.-IMPORTANT DECISION AS TO POWER
OF COMMISSIONER OF BANKRUPTS TO COMMIT FOR

NON PAYMENT OF COSTS.

This was an application to discharge the above-mimed
prisoner, who was the baliff of the Honour of Pontefract;
in the West Riding of the county of York, ow. of the
custody of the gaoler of Ycrk Castle, he having been
committed to that prison upon a warrant issued by Mr.
Commissioner Burge, the commissioner of the Leeds
District Court of Bankruptcy, for contempt of Court, in
not obeying and observing the order of that Court. The
circumstances are, as shown by the affidavits used on
both sides, as follow :
" That Mr. Crowther was the baliff of the Court of
the Honour of Pontefract, in the West Riding of the
county of York, and in that capacity he, in pursuance of
a warrant of execution duly issued out of that Court on
a certain judgment recovered therein by one William
Cole against John Pickles, a hairdresser, residing at
Bradford, proceeded to levy 121. 18s. 3d. and costs.
Upon the levy being made, Pickles stated that he had
obtained an order of protection from the Leeds District
Court of Bankruptcy, whereby all his goods and chattels
were protected from all process, upon which Crowther
(the prisoner) demanded to see the order, which was re-
fused by Pickles, and as no messenger was in possession
under the insolvency, he (Crowther) proceeded to exe
cute his warrant, and ultimately removed the goods
immediately after which a complaint was made by Mr.
Harle. of Leeds, the solicitor to the insolvent Pickles, to
Mr. Commissioner Burge, who issued a summons on
13th of August, directed to the prisoner, to show cause
why he so seized and carried away the goods and chat-
tels of Pickles, he being protected from process by the
order of the Court. This summons not being obeyed, a
warrant was issued by the Commissioner to apprehend
and:bringNm'before the Court tosanswertto the complaint,
and on the 15th of August: he having been taken in
custody, was taken before the Commissioner, who, after
hearing all parties on the subject of the complaint, or-
dered and adjudged the prisoner to have been guilty of
a gross contempt of his Court, by seizing and taking
away the goods of John Pickles, and also ordered th«,
prisoner to pay the costs occasioned by the application
(amounting to nearly 201.) or, in default, to stand com-
mitted to York Castle. Mr. Crowther protested against
the authority of the Commissioner to make such an
order, and refused to comply therewith, upon which he
was taken into custody and to York Castle, there to
remain until he had paid the costs and purged the c( n
tempt. Under these circumstances, an application was
made to the Lord Chief Baron, on Saturday last, for a
writ of habeas corpus to bring up the body of the pri-
soner in order to his discharge cut of custody as to Re h
commitment, when, after perusing the affidavit in sup-
port of the application, the Learned Judge granted his
fiat for the issuing of the writ.
In pursuance of this writ Mr. Crowther was brought
up in custody of Mr. John Noble, the keeper of York
Castle, yesterday, before Mr. Justice Erie, when that
Learned Judge, after hearing Mr. Serjeant Chadwick
Jones, who appeared in support of the commitment, and
the solicitor for Mr. Crowther, made an order directing
Mr. Crowther (the bailiff) to be discharged out of cus
tody, on the ground that the warrant and commitment
were bad on the face of them, the Learned Commis.
sioner, Mr. Burge, having assumed a power will which
he had not been invested by the Bankrupt or Insolvent
Acts,—i. e., of awarding costs in the shape of damages
for the improper, or, as it might be contended, illegal
seizure, and in issuing his warrant of committal for the
non-payment of such costs.
The Learned JUDGE said he should give no opinion
whether the seizure under the circumstances was a con-
tempt or not, or whether the Commissioner had the
power of committal which he had exerciked ; it was
clear, however, he had no power to commit for non-
payment of costs upon the authority of all the cases that
had been brought before the courts of law.
Mr. Crowther, who, of course, was in custody of the
keeper of York Castle, was at once discharged.

SECONDARIES' COUII7', August 28.
There were only two cases set. down for hearing, and
they were not of the slightest interest,.

PALACE COUir i; August 28.
(Before Mr. BRENT.)
IMPORTANT QUESTION AS TO PATENT MEDICINES.
COLLINS V. VIDLER.

The plaintiff, who is a surgeon at Camden Town, and
pleaded his own case, sought to recover the sum of
.41. 13s. for medicines supplied to the defendant.
Mr. Hawkins conducted the defence.

The plaintiff said that in 1843 he carried on business
as a chemist and druggist, but has since become a
member of the College of Surgeons. He had invented
"a specific." and, in order to enable him to sell it, had
taken out the usual license for the sale of patent medi-
cines, and defendant was supplied in due course with the
different articles he asked for.
The plaintiff's brother was called, and proved the de-
livery of the medicine, but positively denied that he ever
cave defendant any advice. He always sold what was
asked for without inquiring what it was for. They took
it on their own responsibility.
Other witnesses were called to prove an admission on
the part of the defendant and a promise to pay.
Mr. HAWKINS, for the defendant, contended that the
license did not justify a druggist in selling his own spe-
cifics under colour of a patent, as there was advice
given on the bottle, and it was therefore clearly an eva-
sion of the Act, which was passed for the protection of
the lives and health of the public. It was a very dif-
ferent case from where a person sold the goods of
another for profit, and had no reason to give advice.
On that ground, therefore, he had to submit that the
plaintiff must be nonsuited.
The JUDGE said he felt of the same opinion, that it
was an evasion, but would not non,:ult.
Mr. HAWK/NS then insisted that to prove the II al
valee of the medicine its ingredients ougLt to b• dis-
closed.

The plaintiff refwed, and said it was a patent article,
and had the stamp and label required by law, and which
he wai entitled to sell. He did not claim it as a medical
bill, but as for goods sold.
Mr. HAWKINS next urged that if it cou'd be shown
that advice was given during any period, then the
plaintiff would have been acting as an apothecary. and
not being one would be liable to a penalty, instead of
being able to maintain an action.
A witness was called who distinctly proved that advice
was given.
The Learned JUDGE summed up, and told the jury the
question as to whether or not there had been an evasion
of the Act, was one of law; but if, on the matter t,f fact,
they believed that the plaintiff had not only sold the
medicine, but given advice, they would find a verdict for
the defendant.
The jury consulted for about ten minutes, and then
gave a verdict for defendant.

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Liverpool, Aug. 26.
(Before Mr. Justice WIGHTMAN.)
Cornelius Cane was indicted for feloniously cutting
and wounding Patrick Branan, at Manchester. -
Mr. Cross was for the prosecution ; Mr. Pollock `or
the defence.
It appeared that the prisoner and Branan lodged at
the house of a Mrs. Kirk, and, on the night in question,
they both came home at a pretty late hour. The pri-
soner's brother was with them. The parties bad some
ale, and while they were discussing it, a person of the
name of Kelly, who was upstairs, came down and sat
with them. The prisoner then began to sing a flash
song, of which Branan disapproved, and told the pri-
soner he was not fit company for anybody. This, it
would appear, had irritated the prisoner, and he retorted
that he was better reared than Branan, that he had more
money, and that he was better company into the bargain.
Kelly recommended them to drop the subject, on which,
turning on Kelly, he said—" I have had it in for you for
seven years, and I will stick you before I leave the
house." He some time after said, "Martin, you are
a pig-butcher, and I'm one too, and I'll open
you and Pat Branan before you leave the house."
Branan was then putting on his shoes to go away,ex pressine
his dislike to this disturber' -e, when Mrs. Kirk inter-
fered; and after a sort of scuffle, all parties got to the
door. The policeman came up and advised them to be
quiet. They all then went back into the house, on
which the prisoner ran up the stairs, and said he would
cleave any one who followed him. Mrs. Kirk was at
this time insisting on his leaving the house, and called
to Branan to assist her in putting him out. Branan
took bold of him by one arm and Mrs. Kirk by the
other, and all the parties got together in a kind of melE
in the ball, in the course of which the prisoner struck
Branan with a knife on the left side of the neck. The
knife proved to be a case knife, which a short time
before had been in the kitchen. The wound inflicted
was a very serious one, being three inches long and two
deep, wounding the windpipe. He was for some time
in danger.
Verdict—Guilty.
His LORDSHIP, in passing sentence, said that he per-
ceived with disgust and horror that the practice of using
the knife in quarrels was increasing, and so far as lay in
his power ho would endeavour to put it down.—To be
transported fur 14 years.
(Before Mr. Justice. CRESSWELL.)
BELL V. HARRISON.
This was one of several actions in the cause list by
the public officer of the Newcastle-upon-Tyne Joint-

Stock Bank, against the customers of that concern, the
affairs of which are now in course of being wound up.

The present action was to recover abalance on a
banking account.
Mr. Knowles and Mr. Unthank were for the plaintiff;
Mr. Martin and Mr. Warren for the defoldant.

It appeared, that in August, 1845, the defendant
entered into an agreement for a partnership with a per-
son of the name of Kirk, in the Farnacre colliery. For
this he was to pay 7,0001. Kirk had had previously an
account with the bank, under the name of Kirk and Co.,
which, after the partnership, was altered into Harrison,
Kirk and Co. It appeared that the bank, at the time
of the partnership, had a mortgage on the colliery for
20,000/., and on the 10th of October the defendant sent
notice to the bank and to Mr. Kirk, that he would not
carry out the agreement, as he had been led into it by
misrepresentation and fraud. The question in dispute
was simply whether the payments made Eluting the part-
nership by the firm were made to the general account,
or were applied, as the bank alleged, to particular
items. In the former case they would be applied to the
first debits in the account, and would therefore reduce
the gross amount of the credits previous to the 10th of
October, when the notice was given. The defendant had
paid 2021. into Court ; the balance claimed beyond that
sum was 7341.
The jury found that the payments were made on
the general account. There was, however, still a
balance of upwards of 200/. due by the defendant. Ver-
dict accordingly.

CENTRAL CRIMINAL COURT.
SENTENCES AND SESSIONAL RESULTS.
Subjoined are the principal sentences which were
passed at the end and during the Late sessions:—
Death—John Smith, alias John Vincent Smith, for
murder.