The Sun.
London, England, 1846-05-25 00:00:00

KINDER V. LORD ASIIBITRTON.

This case came before his Lordship upon motion for leave
to enlarce publication to the end of the present term. the
Master having declined to snake the order upon an appl'ca-
tion for that purpose being made to him. The case is totally
devoid of interest except to the parties concerned.
His Lordship, in the course of the motion, inquired whe-
ther the affidavit upon which the application was made had
been filed, and upon its being stated that it was not.
as it came out of the Master's office, he observed
that he would receive no affidavit unless it
was filed. It was intolerable that the Court
should be continually put to inconvenience in consequence of
its being the interest of the Masters' clerks to keep the affi-
davits in their offices. He bad had frequent occasion to
complain of the delay caused by such proceedngs, and if he
met with it again he would make an order which he
rather thought the clerks of the Masters would not
find it to their interest to disobey. He would
mentioned also for the consideration of the Masters' clerks,
and perhaps for their own interest they would take care that
it did not occur again in future, that by the orders of the
Court no report of the Masters ought tobe made except upon
affidavits that were filed.

May 23.
Lord Langdale sat to-day at ten o'clock, and proceeded
with the hearing of the unopposed petitions. The proceed-
ings were destitute of any public interest.

VICE CHANCERY COURT, May 22.
(Before the Vzcz-CuAricELLon. of ENGLAND.)
Hip HONOUR heard motions to day, but in consequence of
the absence of Mr. Stuart, who was engaged in the House
of Lords, the Court rose at an early hour. His Honour
stated, at the sitting of the Court, that he would to-morrow
take cause petitions, on Monday he would bear the argu-
ments in the Tiverton School case, and after that had been
disposed of, he would renew the hearing of cause petitions.
(B Aore the Vice- Chancellor KNIGHT BaucE.)
His Honour heard motions to-day, but no case of interest
came before him.

(Before the Vice• Chancellor WIGISAM.)
His Honour, after disposing of the case of Jones v. Rose,
heard motions.

COURT OF EXCHEQUER, May 22.
(Sittiags in Banco.)
Their Lordships entered the Court in full-bottomed wigs;
the Queen's Counsel also wore wigs of a similar description.
After their Lordships had gone through the bar the
peremptory paper was called on.
Mr. MARTIN begged to be allowed to mention the case of
Stockdale and Benn, and Benn and Stockdale, the Learned
Counsel having on his ordinary wig at the time.
The LORD CHIEF BARON—" Mr. Martin, I question whether
you are visible to-day."
Mr. MARTIN said that he was about to state to their Lord-
ships that he found it a considerable inconvenience to wear
the heavy full-bottomed wig.
The LORD CHIEF BASON—'
must app ar in costume."
Mr. MARTIN-4 really cannot wear these wigs, my Lord
I am sensible of the ill effects of it for a week after.
Mr. Baron ALDERSON—You should bear the inconveni-
ence, on account of the increased dignity, Mr. Martin.—(A
laugh.) It may appear to you a custom more honoured in
the breach than in the observance.

-" I fear, Mr. Martin, that you

Mr. MARTIN-It really does, my Lord.
Mr. Baron ALDERSO,T-But you cannot appear without
having ordered your marriage garment.—(A laugh.)
Mr. CMAMBERS said that they had been misled by the
Judges in the Queen's Bench having come into Court in the
ordinary small wig.
Mr. Martin here bowed, and retired.

___
COURT OF QUEEN'S BENCH, May 22.
(Sittings in Banco at Westminster Hall.)
The Court sat this morning shortly after ten o'clock, and
proceeded to dipose of the cases in the new trial paper. The
first case called on was one in which the infringement of pa-
tent taken out for a screw propeller was the question.
It was one which has been reported frequently before, but
neither it nor any other case heard during the day possessed
the least public interest.

_
May 23.
THE QUEEN AT THE PROSECUTION OF THE HON. EAST INDIA
COMPANY V. CAPTAIN DOUGLAS.
The Court was occupied the entire day up to four o'clock
in hearing the arguments in this case, the facts of which
have already been frequently published.
When the defendant was called up for judgment,
The SOLICITOR-GENERAL applied for a rule for a new trial
upon various grounds, which he stated at great length.
The ATTORNEY-GENERAL, With Whom was Sir Thomas
Wilde, resisted the application, and thus the whole day was
occupied.

BAIL COURT, May 22.
This Court sat for a short time to-day, and heard one or
two dull and uninteresting cases.

COURT OF COJI.WON PLEAS, May 22.
This Court sat at one o'clock, but no case came before
worth noticing.

COURT OF BAAKRUPTCY, May 22.
(Before Mr. Commissioner SIIEPHEZD. )
IN RE LEMAN AND BRYAN.

An application was made in this case for the Learned
Commissioner to stay the dividend declared. The bankrupts
had carried on business as merchants in the City They had
failed to the amount of about 8,0001., 6,0001. of which was
on spurious bills accepted by Bryan in the name of the firm.
The assignees had taken the opinion of counsel, and it was
to the effect that bona' fide holders of the bills were entitled
to prove, and that nothing could legally prevent their receiv-
ing the dividends, but suggested taat the Commissioner
should be applied to for his advice and opinion. The assig-
nees now wished for the dividends on those bills to be re-
stes
of three
until a decision could be obtained on a bill filed in
Chancery against the drawers of the bill, for if the money
could be obtained from them, the dividend to the bona fide
creditors
wroeuelodrbfeou.nrea_rly twenty shillings in the pound in-

Mr. Goodov, of Colchester, contended that the bond fide
holders ought not to be thrown upon the risk of obtaining
the money from the drawer.
After a long discussion,
The Learned Coxxissicatpt said that he had no power to
stay the dividend, and in this opinion he was confirmed by
two other Commissioners. There did not avpear to be any
reasonable ground to refuse it to the bond fide holders.
The solicitor to the assignees said they only wished to be
on the safe side; they could not petition the Court of Review
on the subject, as they represented both classes of creditors,
with adverse interests.—Ths matter then dropped.

PALACE COURT, May 22.
(Before W. B. BRENT, 1-sq. )
MAKING SHORT `'Nome of IT.—There were fifteen case.;
set down for hearing, which were disposed of in forty minutes,
being a fraction less than three minutes for each case. There
were also upwards of fifty sammonses under the Small Debts
Act. In one case one of the officers of the court, named
Herring, was the only witness, and his evidence was this:—
" I called two or three times on defendant and asked him for
51. is. 6d., but he has not paid it." On his evidence a ver-
dict was given for the plaintiff.
ORGEA.E. V. BARTON'.
This was an action brought to recover the sum of
11/. 15s. 6d. for rent.
It appeared from the evidence that the action was for eight
months' rent of a house. The defendant had taken posses-
sion on the 18th of August last.
Mr. LOCKE said that 1/. 10s. must be taken off for a debt
due to the defendant, who had commenced proceedings for
it. Plaintiff must pay the costs of them up to this time, and
would take a verdict for the difference.
Verdict for plaintiff.
In a case set down, which was said to be an ordinary case,
the defendant had removed it by habeas into the court above,
at the expense of 201.

SECONDARIES' COURT, May 22.
(Before Mr. Secondary JA3fEiL)
BRUMFIELD V. RoGERAi.

This was an action brought to recover the sum of
9/. 10s. Id., the balance of an account for goods sold and de-
livered The defendant pleaded that she was not indebted.
The facts were rather of a peculiar nature. It was alleged
by the evidence that in 1844 the plaintiff, who is a wholesale
dealer, had dealings with the defendant. Part of the goods
supplied were ordered by a female named Lyons, and it was
now contended that the present claim ought to have been
against her. _ .

shop, got permission of
band,
woman, butb ande
it
oh
ga t a shenx
—Mrs. Lyons was called, and proved that she was a married
iowuass
toobloigpeedntao separate from her bus.
the defendant to use her name over the door, and took out
the licenses for tea, tobacco, &c., in defendant's name, and
dealt with the plaintiff ; that the plaintiff was fully aware
of the object of her going under the name of the defendant,
in order to protect the property against her (witness's) hus-
band, and that through fear of him she had been obliged to
remove the goods to another place.
Some doubtful evidence was tendered to show that plaintiff
had said he should hold defendant liable, but other evidence
was adduced to the contrary. The bills had been made old
Mrs. Rogers Dr. by Mrs. Lyons."
The Learned SECONDARY said, that the jury must dismiss
from their minds all question as to whether the plaintiff
had chosen to proceed against defendant, knowing that Mrs.
Lyons was a married woman ; the question was to whom
had the credit been given, for it was quite consistent that it
had been given to Mrs. Lyons, both the plaintiff and de-
fendant out of kindness allowing the business to be osten-
sibly carried on by the defendant, though in fact it was for
Mrs. Lyons, who certainly considered herself or her husband
to be liable, and had treated the goods as her own.
The SECONDARY gave a verdict for the defendant.

GRAVESEND AND ItOcREsTEE RAlLWAY.—Traffic re-
turns ihr the sv,ek ending May 16 :—Passengers, 8,602 ; amount re-
ceived, 2141. 145. sd.
THE TRINITARIAN BIBLE SOCIETY.--The annual
meeting of this society was held on Thurs lay at the Hanover-stuare
Booms, but the attendance was so very small that doubts were ex-
pressed from the platform as to whether the society would live. The
proceedings were almost entirely confined to a discussion of the dif-
ferences between this society and the British and Foreign Bible So-
ciety, from which it has seceded. With respect to these differences,
the speakers were not perfectly unanimous, but from what we could
gather the chief ground of complaint against the original society is
that, adopting a utilitarian spirit, it has admitted into its member-
ship Socinians in this country, and Romanism abroad. Mr. J. La-
bouchere presided, and the meeting was addressed by the Rev. Mr.
Bennet, the Rs.v. Mr. Robinson, the Rev. G. W. Phillips, the Rev. J.
Harris, the Rev. Mr. Cummins, and other clergymen. By the report
jLemurinseadetekueestauvrign
rtelipe.baoteddy
it appeared that the expenditure of the society has exceeded cons
derably its receipts.
—On
THE LATE ASSASSINATION IN Di:my-LANE-
nve Carey-street, the ad-
journed Mr. Bedford resumed, at the Gra,
previous
s 1 which has been already ' jury, after considerable e
published, the
UlO
delibe-
ration, returned a verdict of Id 11V4 144445 t Jolla
"1114113'
14S %V 1119141 ilga
imot;oteolitihl,tohrteurnpate Blewitt,tat mwehnetn,

POLICE INTELLIGENCE.
MANSION-HOUSE.

A young man, who appeared upon the list as Mr.
George Dixon, was brought before the Lord Mayor,
charged with having stolen 24 bibles, the property of
Mr. Ewens, bookseller, of Ave Maria-lane.
A person having called at the shop of Mr. Ewens, and
ordered two dozen of bibles and a bill of parcels and re-
ceipt to be sent to the office of Mr. Dixon, in Three
King's-court, Lombard street, a boy was sent with the
parcel, and directions not to leave it without the money.
The prisoner was standing at the door of a house in the
court, and he asked the boy whether he came from Mr.
Dixon, to which the boy having said " Yes," " Then,"
said the prisoner, " Mr. Dixon has been waiting here
this half hour for the books, and ha has just gone down
to Ave Maria-lane to pay for them." The prisoner hav-
ing helped the boy from the weight upon his head,
placed the parcel upon the stones, and the boy went
away, thinking that all was right. Mr. Ewens never
received a farthing of payment for the books.
The LORD MAYOR—Are ycu quite sure the prisoner
is the man ? Boy—l am.
The prisoner—Oh, I don't mean to deny it all. My
i name s Dixon, and lam the person who ordered the
books.. It is a regular debt.
The LORD MAYOR—Not exactly. It looks very like
a regular robbc ry.
The prison-r—I assure you, my lord, I never had any
idea of crmmitting a fraud.
The LORD MAYOR—I fancy you will find that this is
a felony,
'I he prisoner—I admit I bought the books, and I have
the bill of parcels at home.
The LORD MAYOR— And where are the books ? The
prisoner—The books! why they con be got at; they are
in my possession. I consider that I have bought them.
The LORD MAYOR—I do not consider so at all.
The prisoner—I, at least a friend of mine, ordered
them for me, for I am in the.beok line occasionally.
The LORD MAYOR—Why did you not tell the boy that
you were Mr. Dixon? Prisoner—Why I thought my
friend might have said that he was Mr. Dixon, and I
thought it the most prudent course not to say my name.
(Laughter.) I had no notion of doing anything wrong.
I have got the bill of parcels to show that it is a regular
business transaction. •
The LORD MAYOR—That don't favour you, my good
fellow, clever as you are. The prisoner—I ran after the
boy when he left the books, but I could not catch him.
The LORD MAYOR—I shall remand you for some days.
I dare say the officer who gave us a history of the swind-
lers into whose hands the poor girl who appeared before
Alderman Gibbs fell, knows something about you, and
that in a few days we shall have more complaints of this
kind to investigate. Prisoner—l can bring pl.nty of
respectable persons here to speak of my character.
The LORD MAYOR—I should like to see your friend
who gave the order for you at Mr. Ewens's. The pri-
sen-r —I do not like to say anything to hurt his feelings,
but if he consents I have no objection.
The priss nar was remnnaed.
GUILDHALL.

Joseph Carter, a journeyman shoemaker, lodging in
Moorfields, was brought up for a second examination, on
the charge of having murdered John Oddy, a man
working at the same trade, on Tuesday last.
• M,. Remnant, the house-surgeon at Bartholomew's
Hospital, was the first witness, who deposed that the
unfortunate man was brought to the hospital at twelve
o'clock on Tuesday night, with two wounds in the abdo-
men, from which wounds he died. They might have
been effected by such a knife as that produced.
Thomas Rigby, of No, 4, Reynold's-court. Type-
street, Moorfields, deposed. that he lodged with the
prisoner, who came home on Tuesday night, and after
-ummaging his drawer he took out a knife. and witness
asked him what he was going to do ; when he replied
that it was no business of witness's, and he then went
out as he was ge'ting up to shut him in. The knife
now produced is what is called a forepart knife.
James Shaw, a shoemaker, said he was drinking with
the deceased, when a chaffing arose between him and
the prisoner, when, after a time, the nrisoner stamped
his foot, and said, as he went out, "I will fetch some-
thing that will do for him," and ran off in the direction
of his lodging. He returned in a few minutes, and put-
ting his head into the room, beckoned Oddy out of' the
room, and when he went the prisoner immediately struck
him with a knife in the abdomen.
T. Doby Court was present when the unfortunate
affair occurred, and heard the deceived say he would
not allow the prisoner to drink out of his pot, and called
him a sponging fellow, and said he must work for his
living as he did. This witness furthermore corroborated
the last witness's testimony.
Mr. Alderman Ginns asked the prisoner if he was
aware that Oddy was dead, when he replied he was not,
and that he was sorry for it. He appeared fully sensible
of the awful position he was placed in.
Daniel Blay, a city policeman, was on duty, and heard
the prisoner say, with an oath, as he passed him on his
way for his knife, " I'll do for you."
The prisoner was then committed to Newgate for trial.
BOW-STREET.
RAILWAY ROBBERIES AND POST-01,710E ROBBERIES.—
On Friday John Farr, who stands charged with beng con-
cerned in robbing the post-office at Gravesend, and also with
several railway robberies, was brought before Mr. Jardine for
final examination.
Mr. Peacock appeared en the part of the Post-office autho-
rities; Mr. Ballantine and Mr. Nash for the South-Eastern
Railway Company; and Mr. Robinson for the prisoner.
In order to complete the evidence of the post-office robbery
at Gravesend, the particulars of which have already appeared,
two bankers' clerks were examined respecting the non-arrival
and the remittance of the property stolen from the Gravesend
bags, and the prisoner was fully committed for trial.
He was next charged with negotiating a 101. Bank post-
bill, which was stolen from a letter sent by post from Glou-
cester to London.
Mr. John Williams, clerk to the Gloucester Banking Com-
pany, stated that on the 29th December a letter was written
to Messrs. Jones, Loyd, and Co., stating that a remittance,
under a separate cover, amounting to 1671. Is. 7d., would
be forwarded by that night's post, which he made up, and
which consisted of five cheques value 871. ls. 7d., a 101.
Bank post-bill, eight 5/. country bank notes, and three 10/.
country notes, of which the 10/. Bank post-bill produced.
dated October 1,1845, No. F 3,654, formed a part, and which
he endorsed. They were inclosed in an envelope, which he
sealed and posted at Gloucester. On the following day a
letter was received stating that no such remittance as was
mentioned had been received.
Thomas Thompson, a clerk in the service of Jones, Loyd,
and Co., proved that no such remittance came to hand, of
which he gave notice to the Gloucester Bank.
William Wood, a tobacconist, 69, King William-street,
City, proved that on the 4th of April, about seven o'clock in
the evening, being in his shop, a man came in to purchase
cheroots and cigars, which came to 2/. 125., which he paid
for with the 101. Bank post-bill produced, which was brought
to him by his shopman, and he changed it. He was posi-
tive that the prisoner was the man.
Sergeant Witcher, a detective officer, said that when he
apprehended the prisoner, on the Bth inst., he had whiskers,
which had since been shaved off.
Oa this charge the prisoner was also fully comnaited for
trial.
Mary Anne Newland was then placed at the bar charged
with having in her possession a quantity of property, stolen
in the latter end of last month from the terminus of the
South -Eastern Railway.
Dr. John Roberts, No. 43, Baker-street, Portman-square,
stated that on the 29th of April last, he was a passenger with
his family from Folkestone to London, having a port-
manteau and a quantity of other luggage, which he saw de-
posited in the luggage train previous to starting. On
arriving at the Bricklayers' Arms he discovered that his
portmanteau was missing, and he never saw it again till the
Bth instant, when it was shown to him by the officers at
No. 163, Sloane-street, Chelsea, where the prisoner resided.
It had been forced open, and a portion of the property was
still in it, others being discovered hi different parts of the
house. On seeing the male prisoner, he immediately recog-
nised him as being at Folkestone, and subsequently at the
Bricklayers' Arms station. Among the articles placed in
the portmanteau were some of his wearing apparel, several
volumes of medical books, a diploma and medical certificate,
a 51. Bank note, with a quantity of small articles belonging
to his wife, which were found mixed with the female pri-
soner's wearing apparel. .There was also a gold bracelet in
the trunk, which has net been found ; and some surgical
instruments, with an opera glass, were found on the parlour
table.

Mr. William Brewster Henningham, inspector of police at
the Bricklayers' Arms station, proved that on the arrival of
the train, about a quarter past eight o'clock on the night in
question, when the last witness missed his portmanteau, he
was standing behind the barrier while the luggage was de-
posited, and he saw the male prisoner inside among the lug-
gage. Witness inquired what he was doing there, and in-
sisted on turning him out, at which time he was in the act
of taking up a green baize bundle. On being informed of
the robbery he instituted inquiries respecting the cab in
which the prisoner drove away, and ascertained that he was
taken to Pimlico, upon which he furnished a minute descrip-
tion of the prisoner to the metropolitan police.
Samuel Page, driver of 2,060 cab, proved that he took a
man resembling the male prisoner from the Bricklayers'
Arms station on the evening of the day in question to the
White Horse public-house in Pimlico. Ile had at first or-
dered him to drive to the White Horse Cellar in Piccadilly,
which was the address he left at the station, in accordance
with the regulation that each driver should furnish the di-
rection to which a fare orders to be driven to. The luggage
consisted of two portmanteaus and a parcel.
Thomas Bateley, potboyat the White Horse, Pimlico, re-
collected a gentleman coming in a cab with two trunks and
a parcel. The prisoner resembled the gentleman, and he re-
mained about a quarter of an hour. He required to be ac-
commodated with a bed, but there was none vacant, and he
went away, leaving his luggage, and in about half an hour
he returned in another cab, and took away the luggage.
About ten minutes before nine o'clock, while taking out the
beer, he again saw the same cab standing opposite a pawn-
broker's door, when the same gentleman came up and got
into it. _ _

Joseph Bloomfield, driver of the last-mentioned cab, said
that he took up a gentleman very much resembling the pri
soner from the White Horse public-house, by whom be was
ordered to proceed to the Vauxhall-road, but on going along
he desired him to pull up at Debenham's pawn-shop to
deposit his luggage, of which a trunk like that produced
was a part, but he did not remove the large trunk which
was outside. He next drove to the Vauxhall-road, and on
reaching the Duke of York public-house the fare got out of
the cab, taking the remainder of the luggage with him, and

in compliance with his orders, witness lhanded in the large
trunk, which was left in the shop.
John Dobson, landlord of the public-house, said that the
prisoner resembled the person who brought the portmanteau
and hat-box in the last witness's cab. He drank some ale,
and then took away the luggage, having delayed only a few
. .

minutes in the shop.
Rebecca Wicks, a young woman in the service of the
female prisoner at 163, Sloane-street, said that her mistress
went by the name of Newland, and passed as a widow. She
had lived in her service thirteen weeks, during
. which time
the male prisoner was in the habit of frequenting the house,
and she always understood that they were brother and sister.
On the night of the 29th of April recollected his arriving
at the house, about ten o'clock, w th a portm9nteau and a
hat-box in his possession. She had seen one of the bonnets
produced in her u,istress's hano previous to the time that
Dr. Roberts came and identified the trunk and other articles
as his property. The linen articles produced were found
by the officer in a dra Yer in the kitchen which was used by
the female prisoner.
n cross examination v itness said that ti'e female ;Irj-
soner had four children, three of whom
her. The male prisoner had access to allwere
with
except the &pug:l=w occupi.4.„ wle k , parts of the house
i9ggerh 6134 121111.

tress was not at home when the male prisoner brought in the
trunk.
By Mr. Ballantine--She had every reason to suppose
that the prisoners cohabited togethrr, and she never knew
that his name was Farr until t o letters came directed to
him, upon which her mistress told her it was all right. Tho
letters a:rived on the Thursday and Saturday before the pri-
soners were apprehended.
Dr. Roberts being recalled said that a bracelet and several
papers of importance which had been in the trunk were still
missing.

Mr.lllllantine said he had no further evidence to offer,
and the witnesses being bound over, the prisoners were fully
committed for trial. They were, however, be brought up
again on Sat; r ay.
RAILWAY I{OBBERIES.—John Farr and Mary Anne
Newland, who have been ex,:mined at other offices for
robbing the Gravesend post-ofEcte ba,rs, and also with
several reilway robb-ries, were brought before Mr. Jar-
dine, and charged with stealing a deal box from the
South Eastern Railway in October last, containing the
property of Mr. Joseph I,lroodhead.
Mrs. Woodhead identified the property which was
found at the p.-is-ner's lodgings.
Mr. Billat,t:ne, who appeared for the prosecution,
said there was property to a large extent found at the
female prisoner's house, which, lie was assured, was the
rroceeds of other robberies Two robberies had been
effect, d on the Birmingham Railway, and, as the com-
pany did not feel inclined to prosecute. he wished to call
forward the parties aho had b en robbed so as to bring
h, me the guilt to the prisoners.
This was objected to by Mr. Robinson, who appeared
for the prisoners, but Mr. Jardine thought such evi-
dence ought to be produced ; when Mr. W Evans, an
engineer residing in Clayland•row, Kennington, stated
that he was going down by the mail train on Good Fri-
day, from Euston-square. He had a leather case (pro-
duced), containing engineering implements, in hie pos-
session at the time. He placed tlu case on a seat in the
carriage, and went to see his portmanteau placed in the
lrggage van. On his return to the carriage he found
that his leather case had been stolen.

Mr. Ballantine then applied for a'remand, as he could
nct produce further evidence to-day, but there were nu-
merous other charges he could bring forward at a future
time.

Mr. JARDINE ordered them to be brought up again on
Tuesday next.

TVORSHIP-STREET.
Henry Shaw, a middle-aged man of respectable appear-
ance, was placed at the bar before Mr. Bingham, charged
with having embezzled various sums of money, amounting
in the whole to nearly 500 L, the property of his employers,
Messrs. Gamman and Co., wholesale glass manufacturers at
Birmingham.
_ _

Mr. attended to conduct the prosecution, and Mr.
Naylor for the prisoner.
It appeared from the statement of Mr. Phillips that the
prisoner hod been for several years in the service of the pro-
secutors as their London agent and collecting clerk, at a
salary of 3001. per annum, and that it was his duty to trans-
mit to them at Birmingham whatever moneys he received on
thar account as soon as they reached his hands.
Mr. Charles Beach, manager to the Birmingham and Mid-
land Joint-stock Bank, and who also described himself as an
executor under the will of a deceased partner in the prose-
cutor's firm, deposed that after investigating the prisoner's
accounts, he had waited upon numerous customers of the
firm, and ascertained that they had paid the latter various
sums of money, to the extent of at least 4501., for which he
had failed to account.

For the defence, the prisoner's solicitor handed up to the
bench a written agreement between his client and the prose-
cutors, in which it was stipulated that the prisoner was to
receive 3001. per annum for his services, comprising a com-
mission of 31/2 per cent. upon all Fa'e; h effected, and c:,n-
tended thereupon that as his client had a direct interest in
the business the relative position of master and servant had
not been establish, d.

Mr. BINGHAM, however, was of a contrary opinion, and
considered that sufficient evidence had been adduced to jus-
tify him in detaining the prisoner upon the charge ; but he
had no objection to accept bail, himself in 1,0001., and two
sureties in 5001. each, fur his appearance at the next exami-
nation.

SOUTHWARK.
Cornelius O'Donoghue, a sehoo!master, residing in
Union-street, Borough-road, (late a constable of the
metropolitan police), appeared upon a summons granted
un the complaint of William Russell, on behalf of his
in'ttot son, about six years of age, fur cruelly and un-
mercifully beating him.
The child was too young to have the oath adminis-
tered. Another older lad was too ignorant to be sworn,
not knowing the nature of an oath, nor being able to
repeat the Lord's Prayer. The father of the child
having been sworn, stated that on the morning of the
14th, when the boy went to school he was free from all
marks of violence, but on his return he saw that the
child's face was bruised and much swelled ; and a sur-
geon by whom he was examined said his jaw was in•
iured. The child complained of being badly hurt ; and
on further examination severe bruises were discovered,
extending from his shoulders down his back. Witness
went to the defendant, who said the boy was very mis
chievous and obstinate, but added that he was sorry he
had been so severe.

After being cal'ed on for his defence, the defendant
said he considered that he only inflicted necessary cer-
poreal punishment for the child's good, and he believed
a schoolmaster had those powers invested in him by
law. He then produced a small bamboo eine, as being
the instrument with which he inflicted the punishment,
and he appealed to two gentlemen, Roman Catholic
clergymen, as to his general propriety of conduct.
The magistrate expressed his opinion very strongly
upon the gross impropriety of resorting to such violent
means of pnnishing a child of each tender age, and the
want of temper exhibited by the defendant on the occa-
sion. He (the magistrate) would recommend the de-
fendant in future to use the birch rod, instead of the
cane, and required him to find two sureties for his
good behaviour for six months.—The two clergymen
referred to, entered into the sureties, and defendant was
discharged.