The Sun.
London, England, 1870-01-31 00:00:00

LAW AND POLICE.

IMPORTANT TO TRADES Urnows.—On Saturday, in the
Court of Criminal Appeal, the case of "The Queen v.
Stainer " was argued before the judges of the superior
courts. The prisoner was tried at the Worcester Quarter
Sessions, and was sentenced to twelve months' imprison-
ment for embezzling the moneys of the Power
Lcom Carpet Weavers' Mutual Defence and Pro-
vident Association of Kidderminster and Stourport. The
counsel for the prisoner now argued that the prisoner
could not be legally convicted of embezzlement, because
the society was proved to have been established, in part
at least, for an illegal object, and that therefore the pri-
soner ought to ke acquitted. It was contended that,look-
ing to the rules and the practices proved before the con-
victing magistrate, viz., the supporting men on strike
and imposing conditions on members so as to fetter
their freedom of action, it was clear that they
were in " restraint of trade" and " against public
policy; and that being so, they were similar to the noto-
rious recent cases of " Hornby v, Close" and "Farrar Y.
Close," which had been decided by the Court of Queen's
Bench to be illegal. After a long argument, the Court
decided that there was nothing criminal in the rules to
prevent a society like the present from taking proceedings
sgainst an officer who has embezzled their money. Con
viction affirmed accordingly.

IMPORTANT COMMISSION AGENT'S CASE.-Oil Saturday
the question came before the Court of Criminal Appeal
in the case of "The Queen v. Marshall," whether a person
who is employed on commission can be convicted for em-
bezzling moneys of his employer. The prisoner was
charged before Mr. Bodkin at Middlesex with embezzling
moneys, when he alleged he was a clerk or servant of Mr.
Pooley, the well-known coal merchant. The prisoner had
received moneys from persons for coals supplied to them,
and had not paid them to Mr. Pooloy. He was paid by com-
mission only, no salary being paid. The prisoner was
not ordered to go to seek orders anywhere, nor was
he required to be at Mr. Pooley's office except
on Fridays and Saturdays, to account for what money he
had received. The question was whether he was employed
as a clerk or servant, so as to be legally convicted of. em-
bezzlement. The Court of Appeal qu,.shel the conviction,
holding that this was not such a service as to make a
charge of embezzlement against a person so employed hold
good.

n'SPECTto, MEDICAL REPORTS ON RAILWAY AM-
DENTs.--The question touching reports made by medical
oll:cer3 of railway companies on injuries received in acci•
dents by passengers was raised in a motion in the Court
of Common Pleas on Saturday. A sufferer in the
New Cross accident, out of which innumerable
actions againstthelondon, Brighten, and South Coast Rail-
way Company have arisen, sought to inspect the reports of
the medical officers of that ccmpany, made by them after
examining the plaintiff to ascertain the extent of his
in For the defendant the railway company, it was
contended, that the reports being made in the prospect of
litigation, were as much privileged as communications
iietween attorney and client. Alter a prolonged argument.
the Court took time to consider judgment.

ALLEGED SABEL.--At the Carlisle Petty SesAions, Mr.
John Ivring, merchant, of that city, applied for summonses
against ➢lr. William Slater, of Scotch-street, and Mr. John
Hargraves, horse cloth manufacturer, of the same place,
for a libel. The information set forth various alleged
libe:s, which had appeared in a local paper called the
Democrat, culmileting in the following;-.

Who in the Council rules the "roost"
Who has false evidence prodoost?
Who'll pledge his honour when confoost?
My Jwhonnie!
Who's foremost in all faction. fights;
Who in all dirty jobs delights ;
Who's brimming full of " party spites?"
My Jwhonnie!
Who under honest colours sails;
And who at knavish dealings rails;
Yet kicks the beams of Justice scales?
My Jwhonnie!

Who gives the working men short weight;
Who " chisels " them both left and right ?
Who lately got an unco slight ?
My Jwhonniere
'This article was preceded by an engraving of "A False
Balance," both of which prosecutor swore were untrue,
although they were intended to apply to him. Mr. Slater
was the publisher of the Demwat, and Mr. Hargraves
the contribOor of till libel. Summonses granted.

I THE UNITED KINGDOM TELEGRAPH COMPANT.—An
order for winding up the United Kingdom Telegraph
Company has been taken by consent in the court of Vice-
Chancellor James.

BREIELNG OPEN A DOOR.—In the Court of Queen's
Bench, a rule has been applied for on behalf of Mr. Per-
mewan, who was convicted of an assault, and of breaking
open a door. The case arose out of some family disputes.
Mr. Parmewan's wife was staying in the house of her
brother-in-law, and permission to see her was refused to
her husband, who thereupon consulted hii lawyer, who
told him that if he once gained access to the house
he might break through any inner door to reach
his wife. He had accordingly broken open
a door, and had colvsgitted the assault in question to
defend himself from an attack with a sledge hammer.
The opposing counsel said that the convictions
against Mr. Permewan dated as far back as
last July, and the certiorari applied for could
:ot issue six months after a conviction. Mr. ]'er
mewan's counsel said he had not known the conviction
against him at the time, as he was compelled to attend
the Bodmin Quarter Sessions. The Chief Justice said he
might easily have gone by rail from Bodmin to St.
Columb to attend the case, ard, therefore, the convictions
could not be said to be behind his back. Rule refused.

IMPRISONMENT FOR DEBT.—A question respecting the
abolition of imprisonment for debt has been raised in the
Lail Court. A judgment had been obtained in the Mar.
lebone County Court against a Mr. Daniel on the 15th of
December, and it was found impossible to arrest him betty=
;hat date and the Ist of January, when the act for abolish-
ing imprisonment for debt came into force. It was urged
that the defendant might still be arrested under tho origi•
rial committal, which remained unexecuted, but the court
decided the contrary. The sth section of the new Act
restored the power of imprisonment tinder certain can-
iiitions, but a judgment debtor desiring to proceed on a
termer crdcr of committal mu3t first go before the county
court judge, and establish that tic case came within the
.ection. Rule discharged.

SUPERS TITIoN NOT DEAD YET.---TWo gipsies.
wan and wife, are in custody at Wellingkm, near Shrews-
bury, charged with fraudulently obtaining money and
wearing apparel from two girls, cook and housemaid, in
the same service. The prisoners called liven the servants
and offered to tell their fortunes at the rate of three-
pence :vice() and some clothes. The bargain was
struck, and the gipsics ask-d for the use of a sovtreign,
which was to be horro'.' ed, otherwise it would be of no
use. The cook aacordimily borrowed a sovereign which
the female gipsy marked with a phi, and tying it in the
corner of a handkerchief instructed the cook to wear it
upon her bosom for five days. ;)n the third day the pri-
soner called again, and got twelve and sixpence from each
of the girls with a further supply of old clothes, which
they explained were required to "weigh the planet down!'
When they had gone off with this second booty it occurred
to the girls that they might have been deceived, and to
make sure they untiod the corner of the .handkerchief
which the cook carried in her bosom, and they found it -to
contain a farthing and a few heath.