The Sun.
London, England, 1846-09-17 00:00:00

5.414 ERIFFS' COURT.—(THis DA y.)
(Before Mr. Under-Sheriff BURCHELL.)

LEMARGE v. HART.
)14 --`"rY OF SURETIES TO LOAN SOCIETIES.—This
rni, an action to recover the sum of 17/. 7s. 4d., for
),p paid for and on account of the defer.dant.
fencrrnomAs stated the case. The plaintiff and (le-
tt' ata %vete both sureties, with three other persons. to
oar,
bron, company for a sum of 721., and actions were
t against them, and the plaintiff paid the.debt and
111;' a" now sued the defendant for his contribution.
t..41,r• Webster, the manager of the loan-office, was
tipe't end proved that the money had been advanced to
it I's" named Ilolroyd Jand plaintiff had been sued for
y !qr. Thomas Bevan ones, who was the only person
hi:a/Icing the money. The money was paid to him by
B,oliettor Mr. Shepherd.
Threeeipt, signed by Mr. Shepherd, was then put in.
or e UNDER-SHERIFF said that the mere production
havee been paid
was not evidence of a payment. It might
ereen paid by some other person than the plaintiff.tendan• Tuomas said that Mr. Shepherd was not in at-
The
4,4 UNDER-SHERIFF said that there being no evi-
-1;e of the payment by plaintiff, he must be non-suited.
The
said he would withdraw the record.
the.e UNDER-SHERIFF said that could not be done after
1i,J.,111'37 was sworn, except by consent.
4,•Tuoma..s then desired that Mr. Shepherd should
eaded on his subpcena,whi:th was done in this and the
Cel„t ease, against another of the directors, the Learned
el contending that he was entitled to call his wit-
),,eoord
before the jary was sworn, and to withdraw the
'.
jehe plaintiff was non-suited in the first case, and the
Zd withdrawn in the next.
TnomAs bath n t consentedldthe non-suit, but it to have the writ retain,b as
the
he
dir" not to was y
netion of the Court.
Theof,Z UNDER-SHERIFF said that he entertained no doubt
the non-suit being correct. The Learned Counsel
g" apply to a judge at Chambers.
Th• CLARKE v. ELLIS.
is was an action to recover the sum of 51. 17s. 93.
111ejlefandant pleaded that he was not indebted.
Theilit facts of the case were these :—The plaintiff isw a
'illrt. and the defendant formerly carried on business
City, his brother as a woollen-draper, in Lawrence-lane,
e "Jr: For the plaintiff, it was sworn, that the goods,
i 44:: Sting of articles of dress, were supplied to the
Mr. Stammer, for the defendant, contended that this
til4„ld not have' been the case, and called John Walker
h,"3, the defendant's brother, who swore that he had a
sup-
pled account with plaintiff, and the goods were sup-
bo in reduction of a debt due to him, and his brother
611ght a coat, &c., of him. The witness had become
trlkrupt after the dissolution of partnership. The
r'ainti El refused to produce his ledger to show to
t+bomhe had given credit.
te he
jury immediately gave a verdict for the de-
4dant.

h
SESSIONS.—(THIS DAY.)
(Before THOMAS PIICKLE, Esq.)
SINGULAR CASE.— It illiam Brahanz, a respectable-
fooo, rig youth, about fifteen years of age, was indicted
11` 'eloniously stealinz a velvet cap from the shop of
I:th- Grove, outfitter, New-cut, Lambeth.
William Edward Grove, son to the prosecutor, said
~_at about eight o'clock on the evening of Saturday, the
path August last, the prisoner entered the shop, and
draper
to look at some caps. Witness opened the
ael,4:": in which the caps were deposited, and showed him
ti,„141. The prisoner declined purchasing, and requested
131:u to bring a blouse for his companion, which they
that the
and left the shop. He instantly perceived
ea„-"tueprisoner had stolen a velvet cap and left his old
in thepr drawer among the new ones. He ran after
th` and brought him back, when he asked him whether
h,4,, was his cap which he then wore? The prisoner
\\-7Vled " No, it is a mistake, I have left mine behind."
,11411fiess then called a policeman and gave him into
Cody, dY- When in the shop the prisoner said that his
j) was similar to the one be had on his head, and offered
"u rchase it.
he :rrge Baker shopman to the prosecutor, said that
question,
""owed the Prisoner several caps on the evening in
alesti°n, one of which was a velvet one, for which he
ti—ett him two shillings and sixpence, and at the same
live any Placed it on his head. The prisoner refused to
any more than one shilling and sixpence for it, and
keel to another part of the shop where the blouses were
ept Witness went to him again and told him he could
have
T it for one shilling and ninepence, the lowest price.
"0 prisoner refused to give more than he offered. He
sawnothing more of him until he was brought back to
e shop with the cap in his possession. When he put
thei velvet cap on the prisoner's head he had his old one
41 his hand.
Thomas George Painter—Saw the prisoner enter the
6 IOP on the evening in question, and proceed to the cap
drawer. After a few minutes he saw him pitch his awn
41:1 into the drawers, and place the new velvet one on
her head and proceed to the other part of the shop,
here the blouses are kept, and having purchased one
irleft the shop with his companion. Witness went after
Atn and asked him if the cap on his head was his own.
eanswered in theaffirmative; but, afterlooking at it, he
trlainled it was a mistake,—the cap did not belong to
that then told the prisoner that he had been at
tho'lliagarae before on the Saturday previous, and he
the-u LOW give him into custody. Three months ago
Aline he stole a cap and a velvet waistcoat :at that
Mr.
con].
Purchased a common blouse.
" I.l4lllNoeik addressed the jury at sore length on
bel'a-1 of the prisoner, and contended that the cap was
taken a
~Y by mistake. He was the son of a respectable
tradesma.n,
and at the time he went into prosecutor's
shop was k,ossessed of money to make the purchase.
The Learned Counsel called the prisoner's mother, who
denied the witnoss Painter's statement,
Mr. Vincent, the news-agent of the Blackfriars-road,
Faye the prisoner an excellent character for honesty,
having entrusted him to collect large sums of money
from his customers.
The CHAIRMAN minutely went through the whole of
the evidence, and after half-an-hour's deliberation the
Jury returned a verdict of Not Guilty.

GUILDHALL.—(THIS DAY.)
A native of Baden, named Vincent Anselm, who stated
ghat_ he was a tailor, and had until lately been employed
48 journeyman in several respectable houses in the City,
Vs brought up, on a remand, before Mr. Alderman
I'lll4+er, on a charge of creating a disturbance in the
!treet and outrageously assaulting several children, by
biting a,-id kicking them. He has been now in confine-
!lent in tbe Compter more than a fortnight, where his
'onduct tov Ards the other prisoners has been exceedingly
laielent, and it was the opinion of the medical officers that
e Was not of sozind mind.
b This day, Mr. Smpson, the Consul of the Duchy of
4-/a,den, attended for .he second time before the worthy
"uderman, and stated That he would be assisted by a
society for relieving foreigners in distress, in forwarding
prisoner to bis own country.
Mr. Alderman HUNTER said that he was quite ready
t° Contribute towards the expense of placing the unfor-
"'
fr.nate man under the care of his own friends.
„Tile prisoner, however, sturdily refused to go home.
41e said he wanted nothing but to go to an hospital and
Lake physic ; and, after he had indulged in much
"tabling and incoherent statements in mixed English
and German,
Ihe Magistrate and Mr. Simpson having conferred, it
Was determined to remand him to the Compter for a few
I:aYs, until inquiries could be made and matters arranged
or sending him to his own country and friends.

CLERKEN WILL—(THIS DAY.)
A respectable looking young man, named Charles
Taibot, was charged with having defrauded his employer,
sir. Joseph Vintney, a butcher, carrying on business in
the Gray's Inn-road, under the following circumstances:
It appeared that the prisoner was occasionally ordered
to procure payment of bills from his master's cus—
Omers, fur which he was to account immediately on his
ret`urn home. The prisoner having left Mr. Vintney's
servit:e, the latter applied to a customer, named Dawson,
for pft) -ment of 1/. 75., which he found had been paid to
the prisoner early in April. There were also two other
bills, whim: Mr. Dawson deposed to having paid the
prisoner, but for none of those three had he accounted.
Inspector Pefiny handed to Mr. Greenwood a letter
found upon the plisoner at the station-house, which the
Magistrate said was written with the view of endeavour-
ing to prevent Mr. Vintney from prosecuting.
The prisoner, in his defence, said he had lost the
money, and postponed telling his master in the hope of
being able to raise enough to replace it.
The Inspector having stated that there was another
charge preferred against the prisoner, of having ob-
tained a quantity of biscuits in his master's name with-
out any authority,
Mr. urßEENwoop ordered the case; to be remanded to
next Tuesday.

MARYLEBONE..--(THIS DAY.
Benjamin Thorne was charged with stealing sixpence
and a farthing from a little boy, six years of age,
named William Spellen.
William Ryan, a dentist, observed prisoner speaking
to four or five boys about half-past seven this morning,
and at last noticed him to take up the little boy above
:named, and carry him from Ernest-street to Edward-
st,reet, and while so carrying him he saw him place his
hark d in the little boy's pocket, and informed a police-
man of the fact.
George Elsley observed the prisoner put a piece of
silver in his pocket, on which he recommended him to
give up the money, when he took the sixpence from the
pocket and a farthing from his waistcoat and put
tl.Nem into his hand, without saying a word. Witness
then gave the money to the policeman.
K,Ale, 213 S, confirmed last witness's evidence.
Ilafriet Spellen, motiler of the little boy that was
robbed, stated that she gave him Gd. this morning to buy
some bre,,ul in Stanhope-street, and heard about eight
o'clock the' child was at the station-house. Knew also
that he had a farthing.
The prisoner in his defence said he picked the money
off the ground, and that be was a pot-boy out of place.
Mr. RAwLissoN said that though tlae sum was small,
yet the offence was aggravated, and he should commit
him for trial.
Robert ['ring and Albert Dowse were charged by po-
liceman 79 p with creating a disturbance, and with try-
ing to get up a fight, about half-past eight o'clock last
night, in North-sheet, llighgate.
The policeman stated that the prisoner Dowse was in
the .‘ hattitude" of fighting when he interfered.
Mr. RAWLINFON—What do you mean? Policeman—
Squaring up (suiting the word to the action), and said
" Come on," your Worship.
Mr. RAWLINSON (much amused)—You need not tell
me to come on.—Discharged.

__-_----=--------
' GRAVESEND AND ROCHESTER RAlLWAY.—Traffic
returns for the week ending Sept. 12th:—Passengers,
22,965; amount received, 5521.85. id.