The Sun.
London, England, 1846-05-11 00:00:00

V. THE SAME.

These cases came before their on Tuesday last,
upon appeal from the decision of the Court of Session. The
short facts connected with the case may be thus stated :7-
The appellant, the Earl of Mansfield, bought, in the year
1842, from Sir W. D. Stewart, the es. are of Logrealmoud, for
the sum of 203,000/., but some (Inuits afterwards occurring
whether, according to the terms of an' anti. ot family entail,
the powers of Sir W. D. Stewart over the estate extended
to the right to sell it, a suit was instituted in the Court of
Session for the purpose of obtaining their decision on the
point. The appellant in the second appeal w.is one of the
line of entail. The Court of Session gave judgment in favour
of the power of sale, and from that decision the present ap-
peal was brought.

The argumnts were resumed this morning, and appear
likely to occupy the whole day.

BANKRUPTCY.—(THIS DAY.)
(Before Mr. Commissioner SHEPHERD.)
NOVEL QUESTION UNDER THE lANERUPT LAW.
An affidaVit was tendered to the Learnec! Commissioner.
on which to found a fiat of bankruptcy against J. PLine,
architect and survey or. The fiat was sought to be issued at
the instance of Mr. Payne, who gained the golden medal for
th • best design for the New Royal Exchange, and was also
connected with several railroads. He had previously ap-
plied as an insolvent, but his petition was discharged.
The Learned Conimissiorme asked on what grounds the
act of bankruptcy was founded?
The SOLICITOR said the party had bought copper; em-
ployed engravers, had the plates engraved, and attemards
published them for his own profit;. This he deemed to be a
trading.
The COMMISSIONER—What were the works published?
The SOLICIToR—There was a design of the New Royal
Exchange, and also a map of the parish, &c., &c.
The COMMISsIONER—SureIy he had a right to publish a
design which was the work of his own imagination, and
which he could not have displayed without drawing or en-
graving, and yet not be liable as a bankrupt.
The Soncrron—But ke bought the raper, and sold it at a
profit. '
The Cosimissxneett—Yes; in displaying a work of imagi-
nation, you might as well say that an author would be liable
for selling the work of his own imagination.
The SOLICITOR said, that in publishing the maps, the per•
son was evidently selling for profit.
The COMMISSIONER said that he did not think that it watt
a working up of paper-or copper as materials.
The SOLICITOR said that the selling for profit could be
maintained by the having sent out agents to solicit orders,
and then selling the maps.
The COMMISSIONER—StiII he was only selling the design.
The Soucnon—That design was on a survey of the parish
which he bad been enaged to make.
The COMMISSIONER—That makes no difference.
The SOLICITOR—But he became a printer by employing
printers to print the work. '
The COMMIsSIONER—AII that was necessary; he could not
sell his design without paper and printers, and that is the
very reason he is not subject to the bankruptcy laws.
The Soucrroa—But this is his own petition.
The COMMISSIONER—That makes no difference.
Mr Commissioner EVANS, who was called in to advise,
expressed his opinion that no trading was proved in this case,
but the acts of the petitioner were as free as an author, all
being works of imagination_(meaning the designs—query
surveys).

CRIMINAL COURT'.-(THIS DAY.)
OLD COURT:
These sessions, the seventh of the present Mayoralty,
were commenced to-day, before the Lord Mayor, the Re-
corder, and Aldermen Sir Chapman Marshall, Mr.: Hughes
Hughes, the Sheriffs, &c. From the calendar it appears that
thereare no less than 251 prisoners for trial, and the following
maybe taken as a summary statement of the offences with
which the prisoners stand charged :—Murder, 3; unnatural
crimes, 2 ; manslaughter, 2 ; rape, 1; sheep-stealing, 1;
demanding money with menaces, 1 ; burglary, 8;
forgery and uttering forged instruments, 1; em-
bezzelment by ciei ks and servants, 15 ; cartilage
breakieg and larcency, 1 ; cutting and wounding
with intent, 12 , unlawfully uttering counterfeit coin, 11;
unlawful possession and uttering, ; house breaking and
larceny, 4; highway robbery with violence. 1; receiving
stolen goods, 9 ; robbery, 7 ; larceny in a dwelling hours, 7;
larceny from the person, 24; larceny by servants, 39 • rob-
beries on !he river Thames, 4 ; robbery in ports of entry and
discharge, 2; assaults with intent to violate, 2; unlawful
assault, 1; misdemeanours of divers descriptions, 13; lar-
cenies, grand and petite, 80. The committals are:—Lon-
don, 41; Middlesex, 151; Essex, 4 , Kent, 12 ; Surrey, 42: -
Total, 251.
The grand jury having been sworn,
The BEWILDER proceeded to deliver his charge to then).
It was not his intention to address them at any length, be-
cause, upon a careful perusal of the depositions he found that
they contained matters of fact, which it was purely the pro-
vince of the grand jury to deal with them according to law-
He lamented to observe the number of prisoners for trial
which the calendar presented,- upwards of 250. That num-
ber could not but be considered large when it was remem-
bered that the Central Criminal Court had been relieved of a
vast number of minor cases at Hick's Hall. He regretted to
see that offences against the person of an aggravated charac-
ter were on the increase ; there was in the calendar no less
than twmurderoerntdy. cases ogfriec,u_ottuisnguodainlyd %hv oatir i n
hNeV teh iwenrtee nt
ht
ret
cases of murder, one for rape, seven cases of robbery with
violence, and two cases of manslaughter. With regard
to the charges of murder, one alone was likely
to be submitted to the consideration of the grand
jury, because the other two persons charged with that
offence whose names appeared in the calendar had been in-
dicted in a former session, and true bills found against than
by previous grand juries. The other case of murder was one
in which the mother was charged with the death of her
children by drowning ; he adverted to the case not from any
doubt that by the act of the mother the children met their
death, but because some doubt might arise from the act of
the mother as to whether or not her mind was impaired. The
question of the sanity or insanity of the party was one
the grand jury could not dispose of: if they
were clearly of opinion that death had been caused
by the act of the mother, it was their duty to put the case
in a course of trial, by finding a true bill against her. He
was sorry to sea that the offence of larceny from the person
was on the increase, there were no less than twenty-four
cases of that description in the present calendar. judicious
severity of punishment had apparently been us-
able to restrain effectually this species of offence.
which was generally committed by thieves by pro-
fession. There were several charges in the calendar of un-
lawfully uttering counterfeit coin, and also uttering it felo-
niously; and fir the latter offence the parties were liable to
transportation or long imprisonment, according to the dig-
cre ion of the Court. There was also a case in the calendar
of a horrible description, on which the charge rested upon
the evidence of two servants in the establishment of a gen-
tleman. That charge related to an offence of which they
were stated to be eye-witnesses. With respect to that he
would only say, that if, upon consideration of the evidence,
they were convinced that the case would succeed, or was
likely to succeed before a jury, it was their duty to put it in
a course for trial ; but if they were convinced that the: e was
not enough in the evidence to convict the party, then they
would spare the Court the disgusting details. Among the
cases of cutting and wounding, he was sorry to say there
were some of a most shocking character, and dis-
tressing to contemplate. For the smallest provo-
cation resort • was now had to such weapons as
spades, knives, and other weapons, instead of the more manly-
method that was formerly adopted. He was sorry to see this
change in the state of society. Whether the lenity of the
Legislature had caused this it was not for them to inquirer
but it was distressing to see petty injuries resented in so
murderous a spirit, and by such murderous weapons. The
Learned Judge, after remarking upon the increase of larceny
committed by servants, remitted the grand jury to the per-
formarce of their duty.
The Court then proceeded to swear in the petit jury.
_ _ _

SHREWSBUR It and BIRMINGHAii
RAILWAY.—(THIS DAY.)
A special general meeting of the proprietors of this Com-
papy was held, at one o'clock this day, in the London Tavern,
for the purpose of giving their sanction or otherrise to the
Bill now before Parliament to construct a railway from Bir-
mingham to Shrewsbury, with branches.
Ther was a very numerous attendance of scripholders.
W. 0. Gore, Esq., M.P., Chairman of the Company, pre-
sided.
The CHAIRMAN explained that the meeting had been called
in
_accordance with the sessional orders of Parliament, in order
to ascertain their opinions as to the propriety of dissolving
the Company or going on with the syherfeihwethicohus he la
already b en stamped with the approbation.of
Commons and of the Board of
doubt of the ultimate success of the projec.- if per-
severed in ; for, from the dense p-pulation on
mineral traffic which existed,
the line the large
aaescernemideoddlay-
and for which there
e, he repeated,Che!ring that he
tion, the directors had been compelled to estimate for qua-
druple rails---(
had no hesitation in w as)at characterisingpresent
The
one of the best in England._ directors had entered into
arrangements with. the London and BirminglL Railway
• h the Birmingham Canal Company to am .
and with
panY to the extent of
one-third of the proposed capital between Birmingham and
Wolverhatnpton, which would
obviate the necessity Di making
calls upon the subscribers for
passing of the Bill. He ws a considerable time aft' r the
less than 33,113 registered holdersd to mention that not
going before Parliament. of scrip were in favour of
objects of the meetin Having thus briefly stated the,
whether they should g,
he would leave it to them to deck,*
The question h •rroceed, or disso:Ti the Company.
solved that the S having
been put, it was unanimonsly re.'
hrewsb
ceed to Parliament. ury and Birmingham Railway pro
Thanks having been voted to the Chairman and directors,.
The CirAtustA again rose, and after returning thanks ea,
the part of his colleagues. and himself for the confidence r.e-'
posed in them,
aura—an,
~ repeated that if this measurepassed the Legs-
be en tertain,d no doubt that it would—be had_ Aine'
hesitation in saying p '
would be one of the first in Englaaw'
The meeting
(one of the most unanimous we have ever at-
tended) then broke up.
T- Tr-a-nede e-
this
. scheme
There
railway
Could
be
nG

'HE ASSASSINATION IN DRURY LANe,DEATO or
BLEwm.—This morning, soon after one o'chLek, the unfortunale: Iran Illewitt expired, in the King% Volleko';`iuspdal, Cif the injuries caused by the shot fL w 'at him in Drury-11,11e. *-01t-
evening of Saturday liirtiultn% by the lad Graham, who Was '-
Saturday remanded At
1.... w-street until next Wednemiay.
‘OlOl,Ol Lilly Alice Pee, ri crived Broughanii;
from the etc;
Sir Rte* and Lady Peel, and a distinguished party at dinner,_%,
Saturday, at the Gallant Colonel's house, in I'ark-place, St. Jarne%.
THE LATE ATTEMPT ON THE KING OF THE FREN_C„II.
--The preliminary examinations relative to the late attempt at "
tainbleau are nearly terminated, and should no new incident inter' t
vene, it is probable that the matter will be brought about 3lay x""'
before the Commission of the Court of Peers, which is to iiilfil the
functions of Chambre d'Accusation. It is said that the first
sident, M. Frank Carr& has been designated by the Chane/P'JT •
to draw up the report in the name of the examining coluilllo9'.ol--
Galignani.
A CANDIDATE FOR THE MINISTRY.—I:;ateIy a clod-'
pole in one of our northern counties apidied to a magistrate for 0,
license to preach. The worthy magistrate. observing nothing in tile
outer man that entitled him to the officfr,
you read or write ?" Clodpole—
"_,other, plaze your honour." IkLt.
gisttate- " Well, but my good f'-flow, how will you preach ?" Ciasd
pole (scratching his head), ." _Mother reacts, and me 'spoil.% the
'aplains." The magistrate refused to gratify tile ambition -
addressing him,
aspirant, who went away sadly disappointed.
ees
COLONIAL 131SlioPHICS.—T e new ep,seope•
said, "Can
are forthwith to be erected in our colonies ; one in cur Chinese
sessions at 110A1g,KaaiG the bishop to be celled the Bishop of Vlct9l4
ti AuaktrOa.