The Sun.
London, England, 1870-05-19 00:00:00

THE SUN, LONDON, THURSDAY, MAY 19; 1870.

LAW AND POLICE.

FALLING OVER A PLANK.—A case has been tried in the
Court of Queen's Bench to recover damages for injuries
sustained through the alleged negligence of the defendant's
servants. The plaintiff, a shopkeeper in Bayswater, was
running along the road, when he fell over a plank which
the defendant's servants had laid across the pavement to
carry sacks of flour into a baker's shop. The plaintiff was
seriously injured, but the defendants contended that it
was usual for millers to lay down planks. Mr.
Justice Hannen would not deny their right to
use the pavement in that way, but they were
bound to take reasonable precautions. Verdict for the
plaintiff. Damages £2O.

IMPORTANT DECISION ON PARTNERSIIIP.—The judges of
the Court of Queen's Bench and CoMmon Pleas decided an
appeal—" Kendall v. Wood "—from the Court of Exche-
quer, which has an important bearing on partnership
relations. The parties were Manchester merchants
and the plaintiff sought to recover £l,OOO from the defen-
dants, that amount having been paid in excess to the
defendants by his partner without his knowledge.
The co-partner had paid, the partnership moneys
in discharge of . his own debt, and the defendants
gave him a receipt on the partnership account, but they
afterwards transferred it to his own debt. The question
was whether the plaintiff could recover the £l,OOO paid
by his partner. The court held that plaintiff was entitled
to recover, and entered the judgment accordingly.

THE WARRANTY OF A HORSE.—An action betweentwo
horse dealers has been brought in the Uourt of Common
Pleas. The plaintiff imported a black horse from Hanover,
which the defendant agreed to buy, provided it passed
the Veterinary College, which it did. A few days
after it had been taken to the defendant's stables its leg
swelled, but nothing serious was apprehended. A week
later the plaintiff and defendant agreed to an exchange of
horses, and the plaintiff asked if the horse was all right.
The defendant said it was, and this was the .warranty
sued on, for the horse grew worse, and had to be
destroyed. The defence was that his disease was of old
standing, and he was substantially in the same state when
exchanged as when originally purchased. Verdict for
the plaintiff—damages £85..

A SECRETARY OP A NEWSPAPER IN THE BANKRUFTCY
COURT.—Mr. Charles Fowler, late secretary of the
Oxford Times Newspaper Company, came before Mr.
Registrar Roche, at the Court of Bankruptcy, ou an
application for order of discharge. He ascribes his failur e
to his having taken a farm at Bicester, which resulted in
a loss of upwards of £3,000, and to the Oxford Times
Company having turned out a failure ; also to his being
and involved in two Chancery suits. He owed to unse-
cured creditort £2,030, besides liabilities of £10,965, of
which £10,154 are in respect of Chancery suits. The assets
are merely nominal. The bankrupt had been required to
file additional accounts and some vovchers, but, as the
latter had not been produced in time, an adjournment of
the sitting was ordered.

DIFFICULTIES OF A THEATRICAL MANAGER.—At the
Wrexham County Court, before Mr.. B. Vaughan Wil-
liams, Miss Laura Selwyn and Miss May Mayfield,
actresses, brought an action against Mr. Philip
Hannan, manager of the Wrexham Theatre Royal,'
to recover £l2 2s. Bd. for services rendered.
Miss Selwyn conducted the case on behalf of
herself and her sister. She said : The action is brought
to recover a balance due for the -joint services
of myself and this lady (Miss Mayfield), at the rate. of
355. per week, and also another claim for thirty-three
morning performances. I charge for the thirty-three
extra morning performances at half salary price, 2s. Gd. a
time (£4 2s. (;d.), as is customary in the profession. I also
claim a week's in lieu of a week's notice, as we were
summarily dismissed.—Mr. Hannan : The ladies were
engaged by the week, and if they. consent to act as extra
performances, I have a right, as manager, to have their
services. I have played in Scotland on New Year's Day
three or four times, and have never received a farthing
extra. His Honour : Would not Mrs. Charles Kean be
rather surprised if she were called upon to give an extra
performance without additional remuneration ?—Mr.
Hannan : The cases are different. We did not have full
performances. Subsequently Mr. Hannan admitted that
£3 2s. 2d. was owing to the plaintiff, and his Honour
thought that the ladies ought to have something for their
extra work, and he gave judgment in their favour for 26.
Miss Selwyn then applied for her expenses incoming from
Birmingham to attend the case, which were granted.
OBSTRUCTING THE POLICE AT A FIRE.-- Ch aries Hill, a
servant at Claridge's Hotel, was charged, before Mr. Tyr-
whitt, at. Marlborough-street Police-court, with behaving
in a disorderly manner and obstructing, Police-constable
Win. Field, 78 0, while on duty at a tire which occurred
this morning on the premises of sfessrs. - Benham, auc-
tioneers, of Oxford-street. The constable said that he was
on duty that morning about a quarter past one in Marl-
borough-mews, there being a fire in Messrs. Oxenhatn's
warehouse, in Blenheim-mews, and the police had to use
some degree of force to keep the crowd back to enable the
engines to he. worked. He requested the prisoner to keep
back, but he refused, said he did not care a for the
police, that he could settle one or two of them, and
aftser flourishing a stick about, threatened to punch his head,
and he was then taken to the station. The prisoner said
he was pressed by the crowd on all Bides, and was very
sorry for what had occurred. Mr. Tyrwbitt sail that there
was generally seine great fool who interfered with the police
on such occasions. It was necessary that the police should
keep a space cle it for the firemen to work in, and to prevent
them being pressed on by the crowd, -and any sensible per-
son must know that. The prisoner would be fined 10s. or
7 days.

PCILSE SNATCHING IN THE STREET.—Patrick Wellerd, a
lad about 18 years of age, wns finally examined at the West-
minster Police Court, charged with stealing a purse contain-
ing a quantity of silver money and a coin, from the parson
of Mrs Harriett Truseott, a lady residing at 57, Winchester-
street, Pimlico. The prosecutris is the wife of a Govern-
ment ON*, and was in Warwick-place at half-past three in
the afternoon, carrying her purse in, her hands. The pri-
soner suddenly snatched it and ran away ; he was followed
by Clough, a detective, and ran into an area, where he was
captured, and the purse found in the dustbin. He pleaded
guilty. Clough stated that he had made inquiries, and the
prisoner was not known to the police. Mr Arnold charac-
terised it as a most audacious robbery in the open day, and
sentenced him to six mouths' hard labour.

ATTEMPT OF A CHILD TO COMMIT SticinE.—Louisa Beau-
mont. aged 12, living at 16, York-building, North-road, was
charged at the Highgate Police-court to-dlp with attempting
to commit suicide by throwing herself into the Seven Ponds,
W 1 st Hill, Highgate. A gentleman saw the defendant in
the pond and res uod her. She tried to drown herself 'be-
cause her father and mother-in-law bad beaten her. The
father sai it was entirely false. She was remanded,

EXCHANGE NO ROEBBERY.—SoIomon Pearce, a tall, yOung
man, with only a pair of trousers and a "check Shirt " on Ida
person, who was described as a seaman, was brought before
Mr. Lushington, at the Thames Police-court, charged with
stealing a soldier's coat and cap A policeman, named
Franklin, 162 H, met the prisoner early this morning in
Whitechapel with a soldier's tunic on him, and from his
general bearing and nautical strides, being convinced he was
not a soldier, asked him where he had picked up the uniform
coat and cap, to which the prisoner replied that he .lad
exchanged his own coat and hat for ,the red tunic
and ci.p with a soldier he had met on London-bridge.
The prisoner here said he was it little intoxicated and wore
his own trousers. Hu. thought exchange was no robb'ery..
He was on one side of the river, the soldier on the other,
and, they exchanged clothes. (Laughter.) Franklin—The
tunic and cap belong to a sulelier of the 2d battalion of the
Grenadier Guards quartered in Chelsea Barracks. The
prisoner was perfectly sober when he took him, but appeared
like a hog in armour. Mr. Lushingtou remanded the pri-
soner until Friday, and.directed inquiries to be made about
him. lle believed it would turn out that the soldier who
had unlawfully got rid of his uniform, was a deserter.
DESERTING A FAMILL—George Groves, an engineer,
aged 42 years, was charged at the same Court with. desert-
ing his,tive children and leaving them chargeable to T the
Poplar Union. The prisoner's children had beck charge-
able to the Union since the 31st of March last, T .aucbthat he
was separated from his wife. The prisoner obtained em-
ployment in Messrs. Hewett's factory, Barking, worked
there three days, and got drunk, for which he was dis-
charged.
The prisoner, in defence, said he allowed his wife £9 per
month while be was in India, and while he wes away she
committed adultery. Mr. Lushington said the prisoner
could earn large wages, and that lie had left his family with
the parish without excuse. He sentenced him to be im-
prisoned for ono month and kept to hard labour.

Oliver Wendall Holmes says that widows who, cry
easy are first to. marry again. There is nothing like wet
weather for transplanting.
GOVERNMENT EMIGRATION.—An order received
from the Admiralty directs that no more applications
from the NVorkmen at Chatham dockyard tUemigrate at
the expense of the Government will be received by the
Admiralty after Thursday next. The applications from
the hired and other workmen who are desirous of being
sent out to Canada by the Admiralty are very large—not
as the Globe said, very small.

THE- CHELSEA MURDER.
ADJOURNED INQUEST UPON THE REV. MR.
HEULIN.

Yesterday afternoon Dr. Diplo:k, the coroner fcr
West Middlesex, resumed, at the Chelsea Workhouse, the
adjourned inquiry into the circumstances attending the
murder of the Rev. Elias Heulin, aged 84 years, who was
alleged to have been killed and buried by a plasterer in his
employment, namod Walter Miller.
In front of the workhouse, in the board-room of which
the inquest was held, a large crowd assembled, and a body
of police maintained order. The court itself was densely
crowded by clergymen and gentlemen.
Mrs. Harriet Sydney, 6, Rutland. street, Brompton-road,
deposed that she bad known Mrs. Miller by living in her
house. On Sunday, the Bth instant, she took tea with her
at her house, at 26, Seymour-place, Fulham-road. Waiter
Miller was then present, and. Mrs. Middleton entered the
room while they were at tea. Mrs. Middleton said to Mrs.
Miller, "Mr Heulin is very well satisfied with
the manner in which Miller has done his work,
and he is to have the head charge of all Mr.
Heulin's property." No details were mentioned as to Mr
Ileulin's property.
Ccroner—Were you there'again on Monday ?
Witness—Yes, sir, at half-pist three o'clock. Miller was
there then. Ile was in the kitchen when I arrived. He
wore a pair of light grey trousers. He generally wore those
trousers on holidays. His usual trousers on working
days were cord ones. Miller was in his "usual joking
spirits," and while eating he joked much. While Miller
was at his tea Mrs. Miller ironed one of Miller's shirts,
which was rather unusual, for witness generally washed
and ironed all Miller's shirts. She washed and ironed a
shirt ; it was a full fronted one.
A Juror Nitta Mrs. Miller at all excited ?

Witness--NO ; but Miller said " I am going to Hornsey,
for I think by going there it will be a deal better for me
than remaining here."
Mr. Stainsby asked the coro er to read au anoymous letter
sent to him, calling him a busy fool, who, by coming for-
wb.rd to give evidence, wanted to make himself notorious."
He cautioned him not to tamper with the life of a fellow-
creature, and it was signed "A Friend at present."
The Coroner said that a man, who was ashamed to sign
his name, was unworthy of notice.
Harriet Middleton, who resides at No. 2, Sydney-mews
Fuller's-road, deposed that she had known Miller three
years. She then deserted home on the night of Monday
week. Miller called ut her house disguised as a Frenchman
and gave her the keys of No. 15, Paulton-square, and after
telling her that Mr Houlin had gone into the country, said
that he was Mr Heulin's nephew, and that she was to go
and take care of his house.

In answer to the Coroner, the witness said that she had
seen Mr. Huelin on the preceding Saturday, and that be
had asked her what she thought of Miller; and she said, "I
think he is an upright sort of man." Mr. Huelin then said
" I have to pay him £l2 for that house in
Wellington-square. It has cost me a great deal." Wit-
ness had been employed by Mr. Huelin to clean down the
house in Wellington-square, and it was arranged that she
was to take care of 15, Paulston-square while Mr
Huelin was in the country. The witness created consider-
able surprise in court by saying "I'm very sorry he has boen
murdered, for if he had not been I should have had a good
summer's work. He promised to employ me all the summer,
and I have lost all that."

By a Juror—lf Miller were to come to me disguised as a
-Frenchman, shaking his head, and wearing a pair of spec-
tacles, I should not know him. He spoke "like a broken
Frenchman."

The Corner said that he slidUld not go into the question of
Miller having taken possession of Mr. Heulin's house, for it
was clearly proved that certain property belonging to Mr
lleulin was found on Miller.

Inspector Fisher said that there was a witness who could
prove that Miller had on Monday week cut off a portion of
his whiskers, awl dyed the remainder in order to disguise

himself.

Inspector Prescott, of the T division, here stepped for-
ward, and producing a ring, said he wished to make a
statement. Mr. Vincent, a watchmaker in the King's-
road, told him that on Wednesday morning, the 11th,
Mrs. Middleton brought the ring to his shop, and said
that she wanted it made smaller to fit her finger. In the
evening a young girl came, stating her address as 14,
Paulton's-square, and asked if it was done, and was told
no. Next morning the old woman again attended, and
said she must have it as she wanted it, and Mr. Vincent
told her it was not worth a penny. She did not come
again, and Mr. Vincent took it to 14, Paulton's-square,
where, from his discription, the women were recognised
as Mrs. Middleten and her daughter.
The Coroner called the two women in separately, and
they steadily denied that they had taken any ring to Mr.
Vincent's, or that they knew Mr. Vincent or where he
lived. The old woman declared that she never left the
house on Wednesday.
Mr. Sharp Vincent, the silversmith in question, was
then called in, and positively identified both the women
as having called about the ring.
Other evidence was adduced, the effect of which has
appeared in the course of the other proceedings, and the
•jury returned a verdict of " Wilful murder against
Miller," recommending that the Home Secretary should
grant Piper areward.