The Sun.
London, England, 1846-08-01 00:00:00

ASSIZE INTELLIGENCE.
HOME ClRCUlT.—Guildford, July 31.
The Commission for the county of Surrey was opened
here on Thursday, and business was proceeded with in
both courts this morninr at ten o'clock. Mr. Baron
Parke presiding at Nisi Prius, and Mr. Justice Coltman
in the Crown Court. The business on the civil side is
heavy, there being a hundred cases entered for trial,
nine of which are special jury cases. There are only
twenty prisoners for trial, and it is computed that the
criminal business will be got through to-day (Saturday),
and it is arranged that Mr. Justice Coltman shall then
try the last thirty common jury cases. The first special
jury cause is fixed for Wednesday, and the others will
be taken afterwards in their order.

The cases tried yesterday in both courts were entirely
devoid of interest to the public.

NORFOLK ClRCUlT.—lpswich, July 29.
Their Lordships opened the commission for this county,
the last on the circuit, yesterday afternoon, after which they
proceeded to partake of the hospitality of Sir William Mid-
dleton, at Shrublands-park. This morning the courts were
opened at twelve o'clock. There being an entry of eight
causes only on the civil court, and thirty-three prisoners on
the criminal side, Mr. Justice Williams presided in the Nisi
Prius Court, and having disposed of two undefended actions,
took next a `• horse cause," which was only part heard at the
rising of his Lordship. In the
CROWN COURT.—(Before Mr. Baron ALDEasoN.)
Edward Juniper and Christmas Patteson were indicted for
a highway robbery at Bungay, accompanied by violence, on
the 15th of May last.
Mr. Cooper prosecuted in this case.

From the evidence of Susan Baxter, it appeared that she
was walking quietly about the fair at Bungav, on the day
named in the indictment, when she was addressed suddenly
by the prisoners, one of whom, after a little parleying, robbed
her of her pocket-handkerchief, and then dealt her a blow
which knocked her down. Having accomplished this manly
feat, the two men quietly walked off; but the prosecutrix, on
coming to her legs, pursued, and, overtaking them, gave them
into custody on the above charge. At the close of the case
far the prosecution,
His Loßnsmr, addressing the jury, directed them to ac-
quit the prisoners of the more serious part of the charge, as
it appeared that the abstrsetion of the property had been
fully accomplished before the blow was struck, and the case
did not therefore amount to one of highway robbery.
When called on to make his defence, the prisoner Juniper
protested that there had not been any larceny either, for it
was all a practical joke, such as was usual at fairs, and he
accused the prosecu• fix of encouraging him and others to
take the like and far more serious liberties with her on the
night in question.

Mr. Baron ALDXESON haying left it to the jury to lay
whether they bad any doubt of the prisoner's guilt,
They, somewhat to his Lordship's surprise, returned a rer•
dict of Not Guilty.

Walter Goddard, the bill against whom for the man-
slaughter of John Brown had been thrown out by the grand
jury, was arraigned on the coroner's inquisition, which
charged him with feloniously killing and slaying "a man un-
known, now here lying."
Mr. Keane appeared for the prosecution, and Mr. Power
for the defence.

From the statement of the Learned Counsel for the pro-
secution, it appeared that the unfortunate deceased, who
was a man of intemperate habits, was singing, quite drunk,
about the streets of Bury on the 15th inst., at 11 o'clock at
night, when he was overtaken by the prisoner and another
loan. The prisoner either pushed or tripped up the deceased,
who fell on the pavement; but, being lifted on his legs
by his assailant, he resumed his devious course. From about
that time he was not seen again till 2 o'clock, when he was
seen by a policeman lying in a beastly and helpless state of
intoxication under the window of the Assembly-room on the
Angel-hill. Strange to say, no steps were taken by that
functionary to remove him to a place of safety; but at 9
o'clock on the following morning, when the sight of such an
object might perhaps have offended the lite, ati of Bury by
coming "between the wind and their gentility," as they re-
paired to the reading-rooms, the poor wretch was taken to a
station-house, where medical assistance was called la, though
too late, for he died at 4 o'clock.

The I.earned JUDGE, on hearing this statement, interfered,
and asked the Learned Counsel if he could trace the history
of the deceased more fully on the night in question after half-
past 12 o'clock, and up to 2 o'clock?
Being answered in the negative,
Mr. Baron ALDERSON said, that he did not think there
was sufficient evidence to go to the jury, to connect the pri-
soner with the infliction of the injury which led to death.
It might be that the prisoner had tripped up the deceased,
and he might then have fallen, and so have received the
blow which led to death ; but it might also be that the de-
ceased had fallen down elsewhere afterwards, or received
some other blows which might have produced the very ap-
pearances on which the surgical testimony was founded. He
therefore thought that the case ought not to go any further,
and, besides that, it appeared to him that the inquisition was
bad, as it stated the deceased to be a " man unknown,"
whereas he was well known.
Mr. KEANE then submitted that the finding in the in
quisition referred to the period of holding that inquisition.
At that time the name of the deceased was unknown.
Mr. Baron ALDERSON—Yes, but that is not the question
now. The petty jury are now called on to find that the
prisoner killed a man unknown, i. e. to them, the petty jury.
which is not the case. Under these circumstances, I shall
direct the jury to find a verdict of not guilty.
The jury, therefore, returned a verdict of Acquittal.

NORTHERN CIRCUIT.—Durham, July 28
CIVIL SlDE.—(Before Mr. Justice CRESSWELL.)
LIABILITIES OF I.P.OVISIONAL COMMITTEEMEN.
WEBB V. WATTS.

This was an action of assumpsit, brought by Mr. George
Hatton Webb, formerly an attorney's clerk, against Mr.
George Edward Watts, a gentleman residing at Langton.
grange, near Darlington, and formerly a captain in the royal
navy, to recover the SURI of 861., alleged to be due for work,
and labour, and money paid by the plaintiff, in the service
of the Irish West Coast Railway undertaking; the de-
fendant's liability to pay the demand being, that the latter
had caused himself to be made a provisional committeemai,
to that railusy.
Mr. Marna and Mr. Atherton were counsel for the plain-
tiff, and Mr. Knowles, Mr. Addison, and Mr. Seymour, for
the defendant.
Mr. Maims, in opening the plaintiff's case, said that the
question upon the present inquiry would be very similar to
that which had already arisen in other actions, in which it
was said, some of the judges had expressed an opinion against
those plaintiffs who claimed compensation of provisional corn-
mitteetnen. But. the Learned Counsel said, he had, himself,
no doubt that such liability existed. He apprehended that
every person who took any part in the estabfishing of a
railway, was to be considered as one of the promoters, and
that when a man became a provisional director, and thus
put himself forward as a promoter of the scheme, he did,
impliedly, by so participating in the scheme, and recom-
mending it to the public, undertake to pay those thing,
which, by the Parliamentary standing orders, were made
obtaininghi-
a Bill from the Legislature. If
adisrnpaelniswabolueldtoctohmeefor ward before the public as one of a
provisional committee in these cases, he must, in reason and
in justice, be taken to make himself answerable for such ex-
penses as were needful for the end in view Besides which,
a person assuming that character had peculiar advantages,
which, it would be found, had been enjoyed by the de-
fendant in this case; the provisional directors were in the
habit of receiving a number of shares in the undertaking,
which were allotted to them at the commencement of
the scheme, and which they could sell at a premium
without having before paid anything for them. The
present defendant was sued for a sum of money due
to the plaintiff for wages as a clerk employed in the
taking of traffic, a species of work without which it
would be useless to attempt to get a Bill to establish the
company. The work to be done by the plaintiff
was, therefore, something without which the scheme
could not be successful, and that being the case, he, Mr.
Martin, anticipated that the plaintiff would be held entitled
to recover. The plaintiff had been five or six weeks in Ire-
land, and was afterwards recalled, in consequence of the ces-
sation of the scheme, occasioned by the panic. There had
been many thousand applications for shares, and not a
farthing paid. The plaintiff had attended at the offices of
Mr. Kelly, the agent in Dublin, and had at one time pro-
posed to him to return to England, when Mr. Kelly told him
not to do that, as it would be the ruin of the undertaking.
There had been a previous action, that against Mr. Burdett,
and if the present defendant complained of hardship, he (Mr.
Martin) would only ask the counsel for the defendant to put
the plaintiff in possession of certain documents which were
held in the other side, and which would enable the plaintiff
to proceed against other persons, and then he (Mr. Martin)
would be satisfied.
Mr. KNOWLES said that there was no pretence for the ask-
ing for any such documents.
A. letter from the defendant was then put in. It was dated
at Darlington on the 15th July, 1845, signed by the defend-
ant, and addressed to Messrs. Reid and Robinson, solicitors
for the railway, No. 10, Old Jewry Chambers, London. It
purported to be an answer to an application from the soli-
citors, and stated that the defendant would allow his name
to be placed on the list of committeemen, and requiring that
he should have fifty shares allotted to him, and fifty more
afterwards in case circumstances might so permit. On the
16th October the prospectus, having the defendant's name in
it, was published. On the 27th September preceding, Mr.
William Campbell, who was acting manager from August to
October, gave the plaintiff a written appointment to go to
Ireland, as taker of the traffic on the projected line. It was
signed by Mr. Campbell, dated at 21, Thavies Inn, and ap-
pointed plaintiff to act as taker of traffic, at 255. a day, ex-
clusive of travelling expenses, from the 29th, then inst , the
engagement to terminate in sixty days, or two months, from
that date.

Mr. Charles Bennett, stationer, of Bucklersbury, was exa-
mined for the plaintiff—From August to December, 1845,
witness had been much at the offices in the Old Jewry,
which were the offices of the "Irish West Coast Railway."
During all that time there was business carried on in those
offices, and witness supplied stationery and printed the pro-
spectuses. Witness had unfortunately had too much to do for
railways. There was a great demand for clerks at the time
plaintiff was sent to Ireland, for traffic taking, surveying,
&c., and the scale of remuneration Was high. Levelling and
surveying clerks got from two to three guineas per day.
Cross-examined—Witness never saw the defendant at the
offices at all. Mr. W. Campbell was manager from August
to October, and then Mr. Steward was appointed to that
office, althouxh Mr. W. Campbell continued to be occasion-
ally at the offices. .

.air. Peter Campbell (who was plaintiff in another action
in the cause paper against the same defendant), brother of
Mr. William Campbell—Was employed by the company
about the 7th of July, 1845, when it began. He was a clerk,.
along with five others ; afterwards there were more employed.
The traffic was one of the things necessary to be proved be-
fore the Committee. Witness and plaintiff went to Ireland
together, on the business of the railway. They defrayed
their own expenses.
Mr. William Campbell was put into the box by Mr. MAR-
TIN, who did not, however, examine him.
Upon cross-examination by Mr. KNOWLES, this witness
said that he had been managing director of the railway in
question. Hewes asked what he had been before that and
answered, "a respectable man." Onifurther inquiry he said
he had been in the banking company of Steiner and Co., in
Vienna, in 1843 ; after that he had taken the Blackwell
Extension Railway, then became agent for this Irish project,
and finally director in the same concern.
His LORDSHIP, at a previous stage of the cause, bad ob-
served that this was the first action of the kind which had
been tried before him, and asked Mr. Martin if it had not
already been decided by Mr. Baron Parke. that in such a case
the detendautcould not be made liable? to which Mr. Martin
answered that he should submit the contrary, and that there
were, in fact, several cases going to establish the defendant's
liability_ to the demand.
Mr. KNOWLES now submitted that the plaintiff had made
out no case; first, because there was no evidence of any
work performed by the plaintiffs
at least not in Ireland;
and secondly, because the plaintiff had failed in giving any
evidence at all of a contract between him and the defendant.
His LORDSHIP intimated that there might be some ques-
tion upon the former of these points ; but appeared to con-
sider that the evidence given did afford proof of something
haliPg beS4 dm by ow plaiatiti Pnrird4 wain the psi

contracted for. The counsel for the plaintiff contended that
although the taking of the traffic had never been proceeded
ith, yet the defendant could be called on, in this form
of action, to pay the wages, and that the plaintiff was not
bound to sue in an any other form. It was the same as
with any other person whose services might be engaged. If a
servant were hired for a year, and ready to work, but not put
to work, he might still make his demand as for work and la-
bour. It was upon the second point, however, that Mr.
Knowles mainly insisted, and he said that the defendant never
having taken any active part in the business of the project,
the letter of appointment being on the 17th of September, and
the publication of the names of the committee not until the
15th or 16th of the month following, there could be no
contract between these parties. He submitted, whether the
mere fact of a gentleman writing a letter, to say that he was
willing to be a provisional director when the committee
should be formed, could render him liable to this action by
a person so appointed by Mr. Campbell ? W. Campbell
could not have written the letter now read upon the respon-
sibility of the defendant, and the plaintiff could not have un-
dertaken this employ on any credit given by him to Mr. Watts,
as the contract had been entered into before the name of the
latter had been made public.
Mr. MARTIIim said that view of the case was contrary to
decisions in the Courts above. In " Bennett v. Burdett,"
which was tried in the Exchequer, before Mr. Baron Alder-
son, on the 28th of January last. it was held by that
Learned Judge that the defendant was liable. There the
defendant had merely signed a written consent to become a
provisional director.
Mr. Justice CRESWEAL—BUt what was the other evidence ?
Mr. KNOWLES-Mr. Burdett was shown to have attended
meetings of the committee. He had consented to act, and
he had also acted. In that case the plaintiff had acted on
Kr. Campbell's authority, but at the place where the defen-
dant himself was attending as a committeeman.
Mr. Marrrix—Mr. Baron Alderson said there could not
be a doubt but that the defendant was liable for all
contracts.

Mr. AVKIERTON referred to another case, that of " Barnet
v. Lambert," also in the Exchequer. There the plaintiff
gave in evidence the defendant's letter, as here, but its
terms were qualified by the writer saying that he would not
incur any liability beyond the amount of his shares. The
defendant there had attended one committee meeting, but
the decision of the Court was upon the qualified expressions
of the letter.

Mr. MaltTtx was proceeding to quote the case of " Wild v.
Hopkins," when
Mr. WATSON caused some merriment by exclaiming, "We
are going to move fur a new vial there." . .

Hjs LORDSHIP then called upon Mr. Martin to say what
question of fact he would wish him (the Learned Judge) to
leave to the jury.
Mr. MARTIN replied that it would be this—" Whether the
defendant, by giving his consent to be a provisional com-
mitteemar, and his consent to take shares, did not thereby
hold himself out-, or consent to have himself held out, as a
party to be responsible for the reasonable expenses of carry-
ing the scheme before Parliament."

,His LORDSHIP considered that would be a question of law.
He was at present of opinion that no contract with the de-
fendant had been proved. It might be assumed that the
defendant had seen prospectuses containing his own name,
but his merely consenting to that use of his name was not
entering into a partnership, nor would it render him liable
for all the acts done by other parties or committeemen. His
Lordship thought that Campbell, in the transaction shown,
had not power to impose upon the defendant this liability to
the plaintiff. . _

Plaintiff nor.suited.
In two other causes standing for trial, and we presume in-
volving the same question, " Campbell v. Watts," and
" Stokes v. Watts," the same gentleman was the defendant,
and the plaintiff in the former of these was Mr. P. Campbell,
the witness for Webb.
A nonsuit was entered in both.
The civil business was concluded this evening.
CROWN COURT.—(Before Mr. Justice WIGHTMAIL)
Robert Henry Leighton, late captain of the schooner Helen,
of Sunderland, John Bowinaker, the mate, and Thomas Fair-
dough, Thomas Wallace, 'and William Crozier, seamen on
board, were jointly indicted for the offence of damaging the
said vessel with intent to destroy her.
Mr. Matthews and Mr. Liddell appeared for the pro-
secution, and Mr. Pashley, Mr. Otter, and Mr. King for the
defence.

The Helen; the property of Mr. Ralph Hutchinson, had
been put in repair by him, as it was stated, was freighted
with coals, and, being insured for the sum of 6001., had
sailed from Sunderland on the 24th of April last, bound for
Swinnemunde. She met with no accident until the morning
of the 26th, when, as it was alleged, at about 1 A.M., and
being upwards of 30 miles from shore, she sprang a leak.
The captain then put her about, and she came to anchor the
same evening. There appeared to be no reason why the
crew should not have run her ashore; but at an early
hour on the morning of the 27th she sank, and the crew
came ashore in her boat, without, so far as the evidence
showed, having made any effort to save the ship. After
sinking, the Helen again floated, and she was brought to
shore; and some time afterwards, but not until the 2d of
May, it was found that holes had been bored in her bottom
with an auger, which must have been made from the inside
of the hold.

Although it was stated that the owner had caused the
vessel to be put in repair, some of the timber produced in
court showed that she was not in a condition to be fit for
sea.

It was not proved that the prisoners had any particular
motive for committing the offence charged ; and, moreover,
the holes found in the timbers might have been made at
some tine after the vessel had been towed ashore.

The prisoners, in the absence of more conclusive evidence,
were Acquitted.

July 29.
Mr. Justice WIGHTMAN sat this morning to try two re
maining cases of felony.
To-day is the commission-day at Newcastle-on• Tyne.

WESTERN CIRCUIT.—Exeter, July 29.

NISI PRIUS COURT.—(Before Mr. Justice ERLE and a
Special Jury.)
THE QUEEN V. CUDLIP.
Mr. Crowder, Mr. Cockburn. and Mr. Greenwood were
counsel for the prosecution. The prisoner was undefended.
This was a prosecution instituted by the officers of the
Customs, against the defendant, for an assault committed
upon Charles Cuddiford and Edward Conway, two Custom-
house officers at Plymouth, while they were engaged in the
execution of their duty. According to the case for the pro-
secution, it appeared that on the evening of Tuesday. the 30th
of September, while the keeper of the Custom-house ware-
house, of the name of Cuddiford, was on the Plymouth and
Tavistock-road, he saw the defendant with a bag on his
shoulder coming out of a field. Cuddiford asked him what
he had got there. The defendant replied " Nothing,"
dropped the bag and ran away. Although pursued the de-
fendant got away, but before Cuddiford discontinued the
pursuit, he called to the defendant and toll him he knew
him, and could swear to him. Cuddiford returned to the bag
and found in it a keg of spirits, which upon examination
proved to be brandy. Cudditord saw the defendant on the
6th of October in Plymouth, and told him to stop. The de-
fendant, however ran away. Caddiford ran after him, when
the defendant struck him with a stick. Conway then came
to the assistance of Cuddiford. The defendant took hold of
Cuddiford by the neckcloth and called for his son. The son
then came and struck Conway with the butt-end of a pistol.
A crowd assembled, and Cuddiford called upon the people to
assist him ; they, however, took the part of the defendant
and rescued him, and he was not again taken; but he ap-
peared to day to defend himself.
The defendant, in his defence, merely said that he was not
aware he was to be tried to-day until yesterday, and there-
fore he had no counsel.

Mr. CROWDER said notice had been served on the at-
torney.
The Learned JUDGE said that if the proceedings were
illegal they might be set aside ; but the question at
the present moment was whether or not the defendant
was guilty.
The jury returned a verdict of Guilty.—Sentence, six
months' imprisonment and hard labour.

.._ ..---.
CROWN COURT.—(Before Mr. Baron PLAIT.)
Thomas Cooper was convicted of rape, and sentenced to
be transported for life.
Several witnesses were called to prove an alibi. After
the conviction,

The Learned BARON asked the jury if they believed that
two of those witnesses came to the court intending to state
`at which was true?

The jury replied that they thought they did not.
Mr. baron PLATT then ordered those two persons to be
taken to gaol. It was a gross contempt of the Court for
persons to come there and commit perjury.
Mr. Iloldsworth and Mr. Collier were counsel for the pro-
secution, and Mr. Cox defended.

There were several persons tried during the day for
similar ofences, but the details were such as could not be
published.

MISS STRICKLAND'S LIVES OF THE QUEENS OF
ENGLAND.—The ninth volume of the above work, com-
prising the Life of Mary of Modena, Consort of James 11., is
published this day by Mr. Co!burn, and may be had of all
booksellers. The following are also now ready :-2. Horace
Walpole's Memoirs of the Reign of George the Second, edited
by the late Lord Holland, now printed for the first time in the
Bvo. form, in 3 vols., with portraits, 365. bound-3.
Hochelaga ; or, England in the New World, edited by Eliot
Warburton, Esq., author of "The Crescent and the Croy,"
2 vols.-4. The Modern Orlando, in seven cantos, price 6s.
—l. Echoes from the Back Woods, by Captain Levinge, 2
vols., 218.-6. Second Series of the Stanhope Memoirs, com-
prising the Seven Years' Travels of Lady Hester Stanhope,
3 vols., 31s. 6d.-7. Lord Brougham's Lives of Men of Let-
ters and Science, volume the second-8. The Poetical Works
of Horace Smith, one of the authors of" Rejected Addresses,"
2 vole., 12s.

Robert Scott, Esq., M.P. for Walsall, has announced
his determination not to offer himself again for the repre
sentation of that borough.
THE APPROACHING PARTRIDGE SEASON.—The ac-
counts in Surrey and Sussex are very favourable to the ap-
proaching partridge season. The broods are very strong in
the wing, and the coveys are large, and the prospect of an
early harvest will enable the sportsman to enter the field on
the Ist of September without the usual restrictions with re-
spect to standing crops.
PORT GLASGOW.—FATAL ACCIDENT.—Last week an
accident of a very melancholy nature occurred here,c have
which Captain Duncan Ritche, agent for the oldn Clyde
Shipping Company, was deprived of life. .It seelasytenssaetl,
while some workmen were discharging cotton
in the harbour, he put his hand to the bales to rithoceitirtoaptee
ascent from the hold, and just at that moment gave
r
with tbe cotton down
way, arid he was precipitated Mon"
the hatchway. When taken pp, dwas fountdhetiro be extinct.
He has left a widow and family to lament
bereavement.—Glasgow Chrome e.
A machine for dressing f!ax bas been invented y
which does the kbworf
A Merteus, of Gheel (Belgium),
thirty men at one-tenth the expense
the old method. This
influence on the machine is expected to have much
cultiva-
tion and spinning of flax, especially in Ireland
FRANCE.—ARRIVALS AT A ,
H i7RE —M. Thiers arrived
at Havre this day (Tuesday) by the steam-boat the Seine,
from Rouen, and took up his quarters at Frascati's Hotel,
wherehis family have been waiting for him for some days
past. On the same day Horace Vernet, the celebrated
painter, and Soliman Pacha (Colonel Selves), arrived at
Havre, by the Hamburgh steamer, from Rotterdam. They are
also residing at Frascati's, where a number of distinguished
persons have arrivedduring the last week, among whom we May
mention the Prince of Wurtembourg. It is said that Soliman
Paella, who is the intimate friend of Horace Vernet, intends
proceeding to Paris, when the Havre regatta, which com-
menced on Tuesday, is over, to visit his friends and com-
patriots, and the capital, before his return to join his master,
Ibrahim Pacha. Mr. Cobden is daily expected in Tlavre, on
his way to the south of Europe, for the benefit of l;is health.
Letters addressed to him, to the care of an eminent mer-
chant in llavre, were received on Tuesday morning, and,
from the hearty manner in which this announcement was
made on the Bourse, we should suppose that his reception
by the mercantile class will be a most gratifying one. It is
said that Mr. Cobden intends to take Bordeaux in his route,
where, doubtless, he will be received with open arms by a
city that has followed so energetically in his wake, andthat
11p011 iglu as the father of oorawercial reform.