The Sun.
London, England, 1846-02-26 00:00:00

S U N 9
FEBRUARY 26, 1M46.

The point on which the whole case turned, was whether
there was a real partnership or one only in form existing
between defendant and his nephevr, his, reputed partner at
the time the transaction took place.
The case occupied the whole day, and a number of wit-
nesses were examined on both sides.

The LEARNED JUDGE, in summing up, said that the only
question for the consideration of the 'jury was whether a
partnership really existed between defendant and his nephew,
or not. If there was, the defendant would be entitled to the
verdict; but if not, the verdict must be for the plaintiff.
The jury, after a short deliberation, returned a verdict for
plaintiff for the full amount of the debt, 6401. 9s.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT, Carlisle, Feb. 23.
CROWN SlDE.—(Before Mr. Justice PArrEsce.r.)
John Hobday, a thick-set, powerful man, with a shock
bead of hair, and a deep gash in his cheek, giving him a
very ferocious appearance, was put to the bar, charged with
cutting and wounding Dennis Salmon, with intent to maim
him, to disfigure him, and to do him some grievous bodily
harm.
Mr. Knowles and Mr. Matthews conducted the prosecu-
tion; the prisoner (in the absence of Mr. Ramshay) was de-
fended by Mr. James.
Mr. KNOWLES stated the case to the jury. He said the
prisoner and prosecutor were both engaged in the works of
the Lancaster and Carlisle Railway, and the circumstances
disputes which
had
hri :171
juryhe in
were, presentno d
doubt,
arose
aware
had
out of somerisen
the Irish and English labourers on the line. He
regretted to see, from his instructions in the present case,
that some of the persons engaged as workmen on that line
seemed te think their Irish fellow-subjects were out of the
pale and the protection of the law, but they must be taught
that they were all on an equality in that respect, and that
they all, as they owed obedience te the law, were under
the law's safeguard. After detailing the facts of the case,
the Learned Counsel proceeded te call the several witnesses.
It appeared, that in the beginning of the present mouth,
in ceneequence of some eerisus disputes between the English
and the Irish labourers on the line, it was arranged that the
Irish should be employed te the north and the English to
the south of Penrith. About Penrith, however, they were
a good deal mingled. On the 11th of February a number of
the Irish had assembled and gone to Earnont-bridge for the
purpose of bringing away their effects there, and their wives
and children. They did so peaceably and without outrage.
The following day a number of English " navvies," from
2,000 to 3,000, entered the town of Penrith. The yeomanry
were called out, and for some time succeeded in preserving
the public peace. They were called off, however, in another
quarter, and immediately a number of the " navvies" pro-
ceeded to a house kept by a person of the name of M'Levi,
where several of the Irish were lodging. They tried to
break open the front door, but failed., (They then went to
the back, and succeeded in effecting an entrance. The Irish-
men had concealed themselves in various parts of the house,
but were pulled out one by one, taken down stairs, and
beaten most severely, four or five of them being left insen-
sible on the ground. Among the most active was the pri-
saner at the bar, who, conspicuous by his long hair and
shaggy beard, had headed a large body of " navvies" in their
entrance into Penrith in the morning. The prosecutor was
left insensible. He had two severe cuts on the head, his elbow
was shattered, and the upper part of his body 'one mass of
bruises,
Verdict, Guilty.----Sentence deferred.

POLICE INTELLIGENCE.
WORSHIP-STREET.
Mr. William Challis, tobacconist in the Hackney-road, was
placed at the bar before Mr. Broughton, charged with having
criminally assaulted Jane 'Wilson, a child 12 years of age.
The complainant stated, that as she was proceeding home
at 9 o'clock on the preceding evening, the defendant, who
was standing at the door of his shop smoking a cigar, stopped
her, and induced her to enter the house under the pretence of
sending her upon an errand. He next led her into a room at
the back of the shop, instantly threw her down, and, in spite of
her resistance, succeeded in perpetrating the offence imputed
to him. The defendant then promised her ss. if she would
not mention his conduct towards her, and placed 1.5.6 d. in her
hand, but she indignantly flung it upon the ground, and a
customer having fortunately entered the shop at the moment,
she availed herself of this interruption to escape into the
street, where she informed the first woman she met of the
treatment she had sustained, and requested to be led home to
her parents.
Elizabeth Blake, the woman just referred to, proved that
the girl, upon leaving the defendant's. house, accosted her in
a state of great distress and alarm, and having informed her
of the circumstances, she conveyed her to the house of her
aunt, who returned with her te the defendant, and gave him
into custody.
Mrs. Esther Bostock, a lodger of the defendant, deposed
that at the time of the alleged assault she heard the cries
and sobs of a child in the room beneath her; and the con-
stable who apprehended him stated that on reaching the
house he found a crowd of several hundred persons assem-
bled in front of it, amongst whom were numerous women,
who threatened to tear the defendant to pieces, and altogether
expressed such exasperation against him, that the witness
was compelled to procure a cab and the assistance of several
other officers to enable him to convey Challis in safety to the
police-station.
Upon being asked if he wished to say anything in answer
to the charge, the defendant declared that it was altogether
destitute of foundation ; but
Mr. BROUGHTON expressed his opinion that a clearer case
had never come under his notice, and said he had no hesita-
tion whatever in committing the defendant for trial, but as
the depositions could not be taken that day, he must be
brought up again upon a future occasion for that purpose.
LAMBETH.
Frederick Minton, a master tailor, residing at No. 3, Hal-
ford-terrace, Penton-place, Walworth, who has been in cus-
tody for several weeks, on a charge- of cutting the throat of
his wife, was placed at the bar before Mr. Henry for final
examination.
There are several circumstances attending this case which
render it one of a very peculiar character. In the first place
an aged woman, the mother-in-law of the prisoner, and who
was a most important witness, has been found dead in her
bed since the prisoner's apprehension and his examination in
this Court. In the first place, notwithstanding the force of
the evidence, the wife herself declares her husband perfectly
innocent of he charge, and asserts that her own was the
hand with which the wound on her throat had been inflicted.
The circumstance took place on the morning of Sunday, the
25th of last month.
Mr. Otway, the gentleman 'who was first called in, and
under whose treatment the prisoner's wife has nearly reco-
vered, expresses it to be his decided opinion that Mrs. Mun-
ton had inflicted the wound herself, and speaks of the situa-
tion of the welinti itself, being in front of the throat, as in a
-• confirmatory of that opinion.
great inetu;;:. ,
Pllnce‘' who had been called in by the po-
lice Mr: Hewitt a '"
_nninio.n.. The latter gen-
, gives a differeitt
tleman thought that if Mrs: Mithttai bass
ftempte:tf.Tlaac
herself A° would have coiiinienced the Watifli ''`
on the left side; Having once Commence'd,:he (Mr: limes,
did not think she coula haiie itft off ad soon as appeared to
have been done in the present wound. (In going to the sta-
tion-house he requested the prisoner te strip, and found a
number of scratches on his person. Three fingers on the left
hand were cut across, apparently by the cut of a hard-pointed
sharp instkurnented. There were no other marks about him,
but he was mush discoloured with blood all over, especially
his feet. His shirt, both the front and sleeves, were satu-
rated with blood. The prisoner said he could account for
this. He said he *as in the habit of sleeping without his
shirt occasionally, and was going on to say something fur-
ther, when Inspector Collier and himself (witness) cautioned
him mail told him he had better say nothing about it.
Mr.
HEsirri renistrked, that it was not the duty of an ofdcer
to check or prevent a prisoner from any statement he might
think proper to make, though such appeared to be the pre-
vailing opitticni. Their duty, as frequently expressed by the
Judges, was td hear anything a piisoner chose to disclose, but
not by questions or conversation lead them to makestatements
which might be again used against them.
Mrs, Munton, the prisoner's wife, was next examined.—She
is it tall; middle-aged woman, was very pale, and seemed very
weak from the ekeesail'e lose of blood and the effects of the
wound, which it appeared is nearly healed, Upon being
sworn, she, in a low tone, deposed that she had been mar-
ried to the prisoner for about three years, and, with the ex-
ception of a few Words about business, which they soon made
up again, they
lived happily together. She was subjected to
an unusual flow of blood to her head, and this disturbed her
mind a good deal. On the morning of Sunday, the 25th of
last month, she got out of bed from her husband for the pur-
pose of lighting the fire, and while she went along the pas-
sage, her mind became so distressed that she could not tell
what her feelings were. There was something going before
her which excited her very much, and said, " You must do
the rash act!" She then went into the kitchen and got the
razor. She was at the time in a dreadful state of madness,
and gave one cut in the passage and the other in the room.
She imagined, for she was not sure, she called her husband,
who was in bed, and he came to her assistance. While she
lay on the floor she was unconscious of what passed for a
short time, and until she heard her mother's voice when
asking "who had done it?" and she, witness, merely shook
her head, as she could not speak.
Mr. HENRY—Are you sure you did not point to your hus-
band and say, "He did it?" Now be careful, Mrs. Munton,
and don't answer the question hastily.
Mrs. Munton,Swith some animation—l am quite certain I

LAW INTELLIGENCE.
COUI?7' OF QUEEN'S BENCH, Feb. 25.
(Sittings at Nisi Prius, Guildhall, before Lord DEI.73IAN and

a Special Jury.)
WESTON, ExgCUTORS OF EVERS V. LADD.
In this case the executors of a Mr. Evers, deceased, sought
to recover a sum of 7,000/. from the defendant, Major Ladd,
nephew of the deceased. It appeared that deceased was in •
volved in a Chancery suit, which he was apprehensive
would go against him, a result that would embarrass him
very much ; that he withdrew from his banker a sum of
7,0001., which lie had in notes; and that shortly before his
death lie sent his maid servant to c..1l his nephew ;
that she returned with him - that in her presence, in the bed-
room, the deceased handed defendant a sum of money, saving,
at the same time, "Take this as a gift, and let nobody know
that you have get if;" that defendant took the money, and
after the death of the deceased he consulted the servant Bal
to where be should conceal the money, and that he ulti-

mately concealed 6,0001. in the mattress, :lad changed one of
the 1,0001. notes for 1001. notes; that a search was made for
the money after the death of the deceased, but defendant
denied all knowledge of .the money ; but it was found in a
mattress, and lodged in a bank. The executors now sought
to recover the money, and contended that it was never given
to the defendant as a gift, but had only been entrusted to his
care by the deceased as a safe place of deposit for it.
The Jury found for the defendant.

COURT OF EXCHEQUER, Feb. 25.
(London Sittings at Nisi Prius, before the LORD CHIEF
Minor; and a Special Jury.)
ALLNUTT V. RAY.
Mr. Martin and Mr. Ogle appeared for the plaintiff, and
Mr. Jervis and Mr. Peacock for the defendant.
This was an action brought for the recovery of the sum of
640/. 95., for goods sold and delivered. The plaintiff is a wine
and spirit merchant, and the defendant an extensive wine-
merchant, carrying on business in Mincing-lane. It appeared
that, in the year 1844, the plaintiff sold, through his broker,
a quantity of brandy to defendant, to recover the amount of
which this action was brought.
Defendant pleaded that the debt accrued to the plaintiff
under the firm of John Ray and Company, and that it
was not a personal debt, and that, consequently, he was not
liable.

SOUTHWARK.
William Dunn was placed at the bar before Mr. Cotting-
ham, charged-on suspicion of being concerned with breaking
into the house of Mr. Joseph Arnold, near Romford, in Essex,
and stealing 801. in Bank of-England notes; 40 sovereigns,
besides a gold watch and other property.
Mr. Arnold stated that on the night of the 19th of Novem-
ber on the morning of the 20th, his house, called Whalebone
Cottage, in the parish of Dagenham, Essex, was broken
into and plundered of the above property. The house was
only occupied by him, his wife, and two servants, and was
situated in rather an unfrequented part of the country. He
kept an excellent watch-dog, but the thieves effected an en-
trance by breaking the pannel of the back door, and having
obtained, an'entry they proceeded to the dining parlour, in
the cupboard of which was an iron chest of prodigious strength
and weight, affixed to the place where it was. kept, which
was the depository of the above property. Notwithstand-
ing
its cumbrous dimensions the ehest was removed by the
thieves to a field at a considerable distance. By the aide of
the chest was discovered the body of the watch-dog, which,
there was every reason to believe, had been killed by prussic
acid. The money contained in the iron chest principally
consisted of 5/. Bank of England notes, and immediately
after the robbery the complainant gave notice at the Bank
to atop any of the numbers, should they be presented.
Owing to that notification, he was apprised that some of the
stelen notes had been paid in, but he failed in tracing the
parties until a few days since, when one of the 51. notes, No.
24,564, was stopped, which, on inquiry, was ascertained to
have been paid in by Messrs. Fuller, having been, received
by that firm from a butcher living on the south side of the
water.
The banknote in question was produced and identified by
Mr. Arnold.
A butcher named Randall, living in the London-road, was
then called, and he stated that about a fortnight ago, to the
best of his recollection, the prisoner, whom he had previously
known about the neighbourhood, called at his shop, and, in
payment for a joint of meat, tendered the 51. Bank of Eng-
land note produced, on which he (witness) wrote the pri-
soner's name, which enabled him to identify it.
In reply to questions from the MAGISTRATE,
The prisoner said he had taken it of a man in Smithfield,
for a black horse, about three weeks since. He did not know
the man's name. The transaction took place at Gardener's
public-house, and, to the best of his knowledge, there were
three or four other men present, two of whose names were,
he thought, Fox and Ferrand. People who attend Smith-
field were obliged to take notes from strangers, and he took
the one in question in the usual way of business.
Policeman Terrick, 26 M, having stated that the prisoner
was tried some time ago for robbery, and that upwards of
twenty of his associates had been transported within that
period,
Mr. COTTLNGITAIII said the character he had just heard of
the prisoner, coupled with the fact of a stolen bank note, the
produce of a daring burglary, being traced to his possession,
decided him in the determination not to accept of bail for the
prisoner's future appearance, and that he should therefore
remand him in order to give time for the production of other
evidence against him.

RAILWAY PROJECTS IN THE

ROUSE OF LORDS.
Tuesday being the last day for receiving petitions for rail
way Bills, the following is a list of those presented :-
Axholme, Gainsborougb, Goole, and York and North ,Mid
land Junction- presented Feb. 23.
Bandon and Bantry-presented Feb. 12.
Ballymena and Ballymoney-presented Feb. 12.
Belfast and County Down-presented Feb. 13.
Cambridge and Lincoln Extension-presented Feb. 19.
Cork, Macroom, and Killarney-presented Feb. 12.
Carlow Extension-presented Feb. 12.
Cork and Waterford-presented Feb. 12.
Cork, Bandon, and Kinsale Junction-presented Feb. 16.
Cork and Passage-presented Feb. 16.
Cork, Passage, and Kinsale-presented Feb. 16.
Cornwall and Devon Central-presented Feb. 20.
Cornwall and Devon (Hayle, Lelant, St. Austell, and
min)-presented Feb. 20.
Doncaster, Wakefield, and Leeds-presented Feb. 23.
Dublin and Sandymount-presented Feb. 23.
Dublin and Enniskillen-presented. Feb. 12.
Dublin and Kingstown Extension-presented Feb. 12.
Dublin, Dundrum, and Enniskerry-presented Feb. 12.
Direct Northern (London to York)-presented Feb. 16.
Eastern Counties (Tottenham to Farringdon-street)-pre-
sented Feb. 13.
Eastern Counties (March and Lincoln Extension)-pre-
sented Feb. 13. '
Eastern Counties (Lincoln to Milford)-presented Feb. 13.
Eastern Counties (Tottenham to Barnet)-presented Feb. 13.
Eastern Counties (Hertford to Huntingdon)-presented
Feb. 13.
Eastern Counties (Cambridge to Lincoln)-presented Feb. 13
Ely and Huntingdon (Bedford Extension)-presented Feb. 23
Epsom and Dorking-presented Feb. 23.
Great Munster-presented Feb. 12.
Great County Down-presented Feb. 12.
Galway and Kilkenny-presented Feb. 12.
Great Southern and Western (Ireland-Cork Extension)-
presented Feb. 13.
Guildford, Chichester, Portsmouth, and Fareham-presented
Feb. 16.
Great Southern and Western (Ireland-Carlow to Kilkenny)
-presented Feb. 13.
Huntingdon and Wisbech-presented Feb. 23.
Irish Great Western-presented Feb. 9.
Irish North Midland-presented Feb. 13.
Killarney Junction-presented Feb. 13.
Lame, Belfast, and Ballymena-presented Feb. 12.
Londonderry and Enniskillen Extension-presented Feb. 12.
Lynn and Ely (Extension to Spalding)-presented Feb. 23.
Mallow and Fermoy-presented Feb. 13.
Manchester and Lincoln Union Railway and Chesterfield and
Gainsborough Canal-presented Feb. 23.
Midlands, Swinton to Lincoln-presented Feb. 23.
Midland Great Western of Ireland (Mullingar to Galway)-
presented Feb. 10.
Midland Great Western of Ireland (Liffy Branch and Long-
ford Deviation)-presented Feb. 10.
Midland Great Western of Ireland (Longford to Sligo).-
presented Feb. 10.
Newry, Armagh, 'and Londonderry Junction - presented
Feb. 16.
Newry,9.
New
W 0" anda r e ncpaoril no t,
wand
Junction-presented
lZ oss t reyor
Sheffield and Lincolnshire -presented
2F3.eb.
12.
I-presented
-cteFnesion-presented Feb. 23.
Sligo and Shannon
South
am rd
andUnion-presentedspalding_ Spalding-presented
n 2
t3ed Feb. 23..
Taw Vale Extension-presented Feb. 23.
Templemore and Nenagh-presented Feb. 16.
Waterford, Wexford, Wicklow, and Dublin - presented
Feb. 12.
Wexford, Carlow, and Dublin Junction-presented Feb. 13.
Wexford, Waterford, and Valencia-presented Feb. 23.
Wisbech, St. Ives, and Cambridge Junction-presented
Feb. 23.

AN EXTRAORDINARY PROPERTY POR SALE. Mr.
George Robins, in his exordium at the Auction Mart yeiltelardceayin,
he had, during a long professional career, had a great variety of pro.
party, and of every description, placed under his paternal care. He
his
itshan these two
had been honoured by the Duk—eaofgrYcoartkerlncsoenitlirlg
said
Stable-yard ; he had been instructed by the Governors of St. George's
statement, yes-
tend' y-13eust-
Hospital, and on their acccoobmuutnettrosoill:tthraetle'etnheeraabibeovoelds,
+id
ey at illiybdee.foooPuakhrdakisale certainly of a character dissimilar to
inpn
terfty be ' • it is this—" of
PART OF AN
any litte 61'16 6n region' t OF TIIE GREEN DRAGON-
uNtorIDrP kt4lTllTritrebe--hom
p"operty lately sold by Mr.
George Cocker's -,etic would almost be
Rilobtsl3°A!N3l,3 601.
puzzled to arrive at its value; 311.
then our learned friend said, only thinit of the alitio
,pptars to be —tr the mark, but
valne of
thefrechold vote for the City of London, and in Older to entbrc... this
argument and draw something in addition from such a startling fact,
he related the following, and which we arc assured is is no Way an
exaggeration:—" In the year 1812, a man voted for the borough of
Weymouth, his only qualification being a ONE HUNDRED AND
TWENTY-FOURTH PART OF A SLXTY-FIFTH PART OF
SIXPENCE PER ANNUM." The sales that ensued after of Covent-
garden and Drury-lane Shares only tended to confirm the preference
entertained by the public for the former, from the regularity of the
Covent-garden treasurer.
[ADvEßTlsEmiNT.]—Deafness and DefectivaVision
Rellieved.—The undermentioned sent into the country free by
post.--39, Albemarle-street, Piccadilly, and 25, South Cas-
tle-street, Ediaburgh.—Acoustie Instruments.—lnvisible Voice
Conductors, when fixed in the cavity of the ears, are net un-
comfortable, nor more perceptible than having a small piece at
wool in its place. They enable individuals at an advanced age,
and of extreme deafness of 40 and 50 years' standing, instantly
to join in general conversation, and to catch the sound of a
distant low speaker at church, theatre, &e. They pour the
conversation into the ears to such an extent that in the most
severe eases deafness cannot be observed. Also, original
Ear Cornets, French, German, and Spanish Artificial Ears,
and Improved Hearing Trumpets of every description. Many
of those instruments kave received the approbation of the
Royal Society and Royal Institution of Great Britain. The
newly-invented Spectacles, immediately they are placed before
extremely imperfect vision, it is brought to its youthful, natural
and original state. Also, Achromatic Telescopes, Opera
Glasses, Microscopes, Sae. Caution—Messrs. S. and B. Solo-
mons, Opticians, are net in any way conneeted with a person
of the same name in their immediate neighbourhood, nor in any
part of the country. To prevent mistakes, be sautous, and
Observe—Only to be had at 39, Albemarle-street, Piccadilly,
opposite the York Hotel, and 2b,
burgh.
accident occurred
FATAL ACCIDENT._An unfortunate
Smith Castle-street, Edin-
He was returning home from
Mr.
Irish, of Bagshot, and
on the evening of Monday last to Mr. Britain, an extensive farmer,
.occupying his own land at Bagshot.
Windsor on horseback, accompanied
town, he was thrown from his horse,
Such serious injuries that he
expire 4 on Wednesday morning.
awnhcrifalwarg upon his huits abentaictshoef the
estained

did not point, or say so, as I could not speak at the time
and I merely shoOk my head. I have nothing further to,
say, but that my husband is quite innocent, and that I did
it myself. There had been no scuffling in the passage.
Mr. HENRY—One of the surgeons examined swears to
some scratches being on the person of your husband. Do
you know how he became so scratched ? Mrs. Me-'-
Oh, my husband was in the habit, when I let ni,
grow, of asking me to scratch his back, and I did so
weeks ago. Mrs. Munton denied having had a quarrel u .
her husband of any serious nature, or any dispute beyono
a few words on business since their marriage, and then they
soon made it up again.
The sister of Mrs. Manton, a respectable married woman,
contradicted the latter part of her sister's evidence, de-
clared that the prisoner was frequently in the habit of ill-
using her, that her sister bad, on many occasions, com-
plained of his ill-treatment, and being black and blue from
his violence, and she actually saw the prisoner ill-use her
herself.
Arthur Joy Vesey, a little boy, ten years of agi, the
illegitimate son of Mrs. Munton, said that for some weeks
before Sunday, the 25th January, he lived with his grand-
mother and uncle, in the house of the prisoner. On the
Thursday night before the 25th he slept in the same room
with his mother and the prisoner. On that night the pri-
soner came home about one o'clock, and from that time until
morning they never ceased quarrelling. In the course of the
morning the prisoner got eut to snuff a candle, which they
burnt in the room, and when he did so he placed a pair
of scissors with which he snuffed the candle, close to his
throat, and told his wife he should do for him. His mother
replied that there would be no occasion for that, as she
should take her boy with her, and should either drown or
hang herself.
Mr. HENIT remarked, that taking the whole of the evi-
dence into consideration, he should send the case before a
jury, and leave it to them to say whether they believed the
statement of Mrs. Munton, or whether she was not giving a
false colouring to the case in order to screen her husband from
the charge.