The Sun.
London, England, 1846-04-15 00:00:00

SURREY SESSIONS.

'Before Mr. FRESIIFIELD, Chairman, and a full Bench
of Magistrates.)

MR. JOHN CURLING V. THE COMMISSIONERS FOR THE IM-
PROVEMENT OF BERMONDSEY PARISH.

This was an appeal made yesterday to an award made
by the Commissioners, under an Act of Parliament, the
Bth and 9th Victoria, cap. 177, entitled "An Act for
Improving the Parish of Bermondsey," as compensation
for the loss of his situation by the appellant, as clerk
to what was called the waterside trust or division of the
parish.
Sir Thomas Wilde and Mr. Peacock appeared for the
appellant, and Mr. Montague Chambers and Mr. Clark
fur the respondents.
The case occupied the Court from ten o'clock in the
morning until seven in the evening; but the brief facts
are these:—ln the year 1832 Mr. Curling was ap-
pointed to the situation of clerk to the trustees of the
waterside district of the parish, and enjoyed that office
until the last session of Parliament, when a Bill was
passed which placed the whole of the parish of Ber-
mondsey under one commission, and abolished those
previously existing. On the passing of the Act, the
Commissioners under it elected Messrs. George and
George Henry Drew, solicitors in the parish, their clerk,
upon which Mr. Curling applied for compensation, under
the Act of Parliament, for loss of office. The Commis-
sioners, after due deliberation, made an award of 3361.
15s. This amount Mr. Curling considered insufficient,
and gave notice of appeal, conceiving him,elf entitled,
according to his own calculation of loss, to 7,5001.
Sir THOMAS WILDE addressed the bench at consider-
able length in advocacy of the claim of the appellant to
compensation immeasurably beyond the insignificant
sum offered, and called witnesses to prove, that with
salary and emoluments appertaining his office his in-
come averaged 2301. per annum, and upon this amount
he required compensation. It also appeared that Mr.
Curling had brought an action against the trustees for
the balance of his account, got a verdict, and actually
arrested one of that body for the amount, nearly 1,0001.
Mr. CHAMBERS, in his address for the defence, cha-
racterised the &Aim on the part of the appellant as
perfectly monstrous. The appellant (Mr. Curling) ought
to consider himself fortunate in having, since his ap-
pointment to the office in 1832, been engaged in two
Acts of Parliament fir the parish, by which his emolu-
meats were enormously increased. The Learned Coun-
sel contended that the appellant had no right to add
those sums as ordinary estimates to swell the average,
and that he ought to be quite content with the handsome
sum he had made by these proceedings, without attempt-
ing to get them paid a second time. On a fair calcula-
tion the applicant's salary and emoluments could not
have been more than 1001. a year ; and as the Act of
Parliament only fixed the compensation at a quarter of
the income, the Commissioners had acted fairly and liber-
ally in offering Mr. Curling 2381.
The Magistrates withdrew to consider the decision,
and after an absence of about twenty minutes returned
into court, when
The CHAIRMAN said they had fixed the award at
750/. ; and with respect to costs, it was their opinion
that each party should pay their own. As, however, the
Act of Parliament made it necessary that costs should be
given, they fixed those at 40s.

POLICE IN TELLIGEN CE.
MARYLEBONE.

William. Restall was charged before Mr. Rawlinson
with the following offence :
Serjeant Bennet, 18 D, deposed that on the same
morning, between two and three o'clock, he saw the pri-
soner down the area of 23, Allsop-terrace, New-road,
and on asking him what he did there, he replied, "It's
all right, we have been out on the spree, and are trying
to get in ;" at the same time tapping at the kitchen
window, and saying, " Susan, open the door." In a short
time after this another man, whom witness had not in
the first instance perceived, made his escape over the
wall, and got away, notwithstanding a second constable
was placed at the spot to keep a look-out. Witness
added that he took the prisoner into custody and con-
veyed him to the station, and that on going back to
examine the premises, he found a large chisel and a box
lucifer matches close to the water-butt in the area
The prisoner was not known to any one at the house,
and his object, and that of his companion, was un-
doubtedly that of committini! a robbery.
Lennard 50 1) said, that 'he knew the prisoner, who
had before been charged at this Court under very sus-
picious circumstances. On that occasion he had various
implements for house- breaking in his possession. He
was then sent to the House of Correction for a month;
he had also been sent from Clerkenwell Police-court fbr
three months ; and had been tried at the Old Bailey,
where he was found guilty, and sentenced to six months'
imprisonment.
Prisoner—l have only this to say, the chisel and the
Lucifers are not mine, I know nothing about them; if I
had not drank too much I should not have been in the
place I was.
Jacobs 81 D deposed, that he heard the prisoner, who
had seen the chisel on the m Intel-piece at the station,
say to another who was locked up with him in the cell,
" They have found the chisel, and I shall ba safe for a
" drag' (three months).
He was committed for the period which the slang
word " drag" denotes, and on his being removed from the
bar he thanked the magistrate for the sentence.
William Jones wes charged by Skidmore, 160 S, who
stated that on the previous afternoon he was on duty at
Chalk Farm fair, in private clothes, when he saw the
prisoner "dive" into a gentleman's pocket, and imme-
diately took him into custody. On searching him at the
station-house witness found in his possession three silk
handkerchiefs, one of which was in his hat, another con-
cealed beneath the upper part of his shirt, and a third
tied round his neck.
The prisoner, who gave a very unsatisfactory account
of himself, was committed for six weeks to the House of
Correction. Ewa k were charged with
James Williams and Henry
having, stolen a silk handkerchief from the pocket of
John Goding, 50, Castle-street, Ox
)rd -market.
The prisoners, while at Chalk Farm, were for some
time standing behind the prosecutor, from whose coat
pocket Williams took the handkerchief and passed it to
his companion,Ewbank.—They were committed for trial.