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

CHANCERY.-(THIS DAY.)

The Lord Chancellor sat in the Old Hall, Lincoln's Inn,
to-day, and heard motions. The Court was occupied the
whole morning with the case of Parker v. Constable. His
Lordship rose at an early hour to attend her Majesty's Draw-
ing Room.
The Vice-Chancellor of England did not sit to-day.

SECONDARIES.-(TIIIS DAY)
(Before Mr. Secondary l'orrErt.)
FULL AGsat U. SPIELER. .
This case was specially appointed for this morning. The
plaintiff claimed as administratix of her husband, who had
been a builder. The defendant is the landlord of the White
Lion, Thames-street. The action was brought to recover
the sum of 161. ss. 11d. for work done.
On the case being called on, a gentleman said that unfor-
tunately the defendant's attorney was too unwell to attend,
but he (the applicant) begged to be heard.
The SECONDARY i aid that he could only hear an attorney,
his authorised clerk, or counsel, unless the defendant chose
to appear.
The facts of the case were simple ; the work was proved
to have been done. The defendant called a witness, who
stated that he considered 101. a fair price for the work ; his
measurement and estimate, however, were amongst other
papers in the hands of the attorney.
The SECONDARY said the jury must take the case as it
stood, however incomplete.
The jury returned a verdict for the plaintiff.

BANKRUPTCY.-(THIS. DAY.)
(Before Mr. Commissioner SHEPHERD.)
IN RE PALMER.
This bankrupt came to pass his last examination, which
had been adjourned in consequence of his not having kept
books of account.
The bankrupt had carried on business as a chemist, &c.,
in the country. The assignees were satisfied with the ex-
planations given, but nevertheless considred that the bank-
rupt's conduct was reprehensible in not keeping books of
account.
Mr. Lucas, counsel for the bankrupt, urged, that in this
case the non-keeping of books of account ought not to be
visited with punishment. Up to a certain date, he was un-
questionably solvent, and his affairs had been easily wound
up. It would be a bad principle in law to punish a man for
not keeping books where not absolutely required. The bank-
rupt was not shown to have acted dishonestly or to have
spent his creditors' money.
The COMMISSIONER concurred, and allowed the bankrupt
to pass his examination.

CRIMINAL COURT.-(THIS DAY.)
(Before Mr. Baron PARKE and Mr. Justice NVILuAms.)
Mr. BALLANTINE made an application this morning to have
the trial of John Feacy, for the wilful murder of Thomas
Martin, postponed till next session. He made this applica-
tion because there had been no time to instruct counsel in
the case. _ _ _

Mr. Baron PARKE suggested that it be left over ti
Saturday.
Mr. B-ALLasuren said that he would enquire whether this
time would be sufficient, and mention it again to-morrow.
John Stone, sen., John Stone, jun., and Inn _Hyde, were
charged with having feloniously set fire to a certain dwell-
ing-house, No. 3, Bridge-road, the property of George Leo-
nard, with intent to defraud the Union Insurance Company.
Mr. Doane was for the prosecution. The prisoners were
undefended.
George Leonard had let the house in question to John
Stone, sen., at 16/. quarterly rent. The female came first,
and the male prisoners followed some time after. In the
month of November last Stone the elder 'came into his
shop, and asked if he (Mr. Leonard) were insured,
and where ; he was told at Mr. Austen's, the agent for " the
Union." He said that he would go over and see about it,
and he then left. On:Sunday, the Bth of February, he ob-
served a strong smell of fire, and on examining the premises
occupied by, the prisoners he discovered that a bed and a bag
of shavings were on fire. The shavings were not used as a
bed. He pulled the bag of shavings into the road, and again
ran up stairs. The partition was then in a flame, but after
some difficulty it was got out. He observed a box from
which smoke was issuing. There were, however, no signs of
fire outside. On opening the box he found a lot of cooper's
chips, and a piece of coke as large as his fist inside it. There
was a very strong smell of turpentine. The furniture was
of the most wretched description, there being only one chair,
a clothes-horse, a tub, and a lantern. He observed
a Might through the chinks of the partition into
the next room, and having first drawn down a
portion of it, he managed to get water at it. The
fire appeared to come from below the flooring, and on exa-
mination it was found that the floor had been raised and a
lot of broken up baskets placed there, which were on fire.
There was another bed there, and a second bag filled with
shavings, also on fire. There were some drawers in a chest
in that room, and the bottom one was on fire while those
above were filled with cooper's chips. In different parts of
the room were other bags of shavings not on fire.
Lees corroborated the testimony of the former witness.
Elizabeth Dowse said she was related to the female pri-
soner, at whose house she went to reside about Christmas.
The prisoner slept in the same house. The witness had a bed
upstair4where there were four chairs, a chest of drawers, and
a mirror. She lay on a feather bed. In the next room John Stone,
jun., slept. Witness stayed at the house three weeks, and was
away one week before the fire broke out. John Stone, sen.,
said it would not be convenient for her to remain at his house
longer; on that account she made up her mind to go to
Wiltshire, but at the request of Stone the younger and her
aunt (the female prisoner), she took a house in Trafalgar-
street, stone the younger offering to pay the rent. After she
had gone there, one Beck, who keeps a beer-shop, brought a
bed and bedstead, two boxes, and a set of fire-irons, sent, he
said, by the prisoners. Beck after that returned, and said
the bedstead must be put up on the ground floor, it was not
worth while lugging it up stairs, as she might not be long
there. On the Sunday her aunt and young Stone called on
her, and the former slipped something under the bed from
below her cloak. She was called to the door by her aunt,
who told her Stone had been very cross and contrary. He
was on the drinking order. lie bad been grumbling that he
was so dirty. She hag brought down his dirty clothes,
intending to be down to wash them next day,
Witness asked where her aunt was going, whet
she said she was going to meet Stone at Turnham green.
This was about 7 o'clock in the evening. Witness and the
two persons went out together to a beer-shop at Turnham-
green, where young Stone called for a pot of beer. Her
aunt appeared very low, and on being asked what the matter
was, merely shook her head. Witness and her son left the
two prisoners in the beer-shop, and met Stone the elder at
the door as they left, but refused to go in. Almost an hour
after she-got home to Trafalgar-street the witness Newell
came to the door and said Stone's house was on fire. Wit-
ness found the bundle and the band-box brought by her
aunt to contain dirty clothes. Her aunt came about twelve
o'clock that evening, and appeared in great trouble.
Richard Beck said his father kept a beershop in Queen-
street, Hammersmith. He removed a bed and boxes on the
Saturday to Trafalgar-street, which Mrs. Dowse gave him
out of his father's stable, and some other articles from Stone's
house.
Charles Beck, father of. the last witness, said he knew that
an old bedstead belonging to Stone was in his stable for some
weeks before the fire.
Daniel Merrill*, builder, the landlord of the house in Tra-
falgar-street, said the female prisoner and Mrs. Dowse came
to engage the house.
William Newell, said he went on the Bth of January to 7,
Bridge-road, at about 9 o'clock, and saw Mrs. Dowse there
but not the prisoners. He went to Phillips's workshop and
found the female prisoners drinking, and called out the elder
Stone, and told him his house was on fire. Stone replied
" Oh, is it ;" and continued to smoke his pipe, and then asked
whether witness would go in and have some ale. When they
went in the female prisoner asked what the matter was,
and the elder Stone told them the house was on fire, when
the female prisoner began to cry. As they were all going
home witness said he told them they had broken open the
drawers and found some papers on fire. The elder Stone
said he was done for.
Henry Mount, constable, said he had broken open the
doors. (He here produced two drawers, one of them, the
lower, contained fire on the day in question, the other
shavings and chips, the bottom of which had been
burnt.) When he took the elder Stone into custody he told
him what for, " and the prisoner said he had been at
Bridport, but whether he was the last in the house or no he
was not sure, for he had been asleep in the chair. The con-
stable said he would discover the person who hadbeen last in
the house by the key of the door being discovered in his pos-
session. Subsequently, as they proceeded to the station-
house, he heard something jingle over the wall. The con-
stable asked the prisoner what it was, but he made no reply.
Next morning he found it was a key which answered the
door of the prisoner's house. An inventory of furniture was
taken off the prisoner's person, which he attempted to de-
stroy. Another inventory was read in Court, which had been
found in one of the boxes at Mrs. Dowse's. The policy of
insurance effected by Stone with the Union Insurance Com-
pany in August last, to the amount of 1001., was produced
and read. The constable made an inventory of the furni-
ture he found in the house, amounting in value to 121. 15s. 7d.
The constable found some of the articles saturated with tur•
pentine, and a broken bottle lying by the side of the bed,
which had contained turpentine. The policy of insurance,
with aproposal for life assurance, was discovered in the drawer
with the chips.
John Catchpole, a cooper, said he had sold the elder Stone
6d. worth of chips, about a month before the fire happened.
Solomon Raster, agent, at Hammersmith, for the Union
Insurance-office, preyed having given a policy of insurance
to the elder Stone. Stone's liabilities would be covered from
the 19th August to Michaelmas next.
The evidence having been closed,
Mr. Baron PARKE directed the jury to find the younger
Stone Not Guilty, as no charge had been proved against him.
This verdict was returned, and the prisoner was discharged
accordingly.
Mr. Baron PARK went through the evidence at great
length, remarking, as to the female prisoner, that the jury
must find her not only privy to the intention, but assisting
or present when the fire was kindled.
The jury, after deliberating a short time, returned a verdict
of Guilty against John Stone, sen. The emale prisoner was
aquitted.
Mr. Baron PARK, in giving judgment, said the prisoner had
been found guilty, on the clearest evidence, of a crime which
but a few years before was visited with capital punishment.
The danger to human life from his act was imminent. He
doubted whether he ought not to sentence him to transpor-
tation for life.
The prisoner was sentenced to be transported beyond the
seas for 20 years.

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IV.EW COURT.
(Before the RECORDER and Alderman CHALLIS.
Benjamin Pavyer was indicted for receiving four type
moulds, value 104 the property of Vincent Figgins, well
knowing them to have been stolen.
Mr. Prendergast and Mr. Doane conducted the prosecu-
tion, and the prisoner was defended by Mr. Clarkson and
Mr. Ballantine.

The facts of the case were briefly these :—A man named
Simms, in the employ of the prisoner, who is the well-
known type-founder of Bartholomew-close, was present when
he bought the four moulds for 9s. 6d. of a lad, who
stated he had bought them in Edinburgh. Simms,
having been in the employ of Mr. Figgins, knew
them to belong to him. Upon this he communicated with
them, and the assistance of the police being obtained, they
searched the prisoner's premises, and found the goods named
in the indictment, which it turned out had been stolen by
an apprentice, who is now under charge for the felony.
The witness Simms underwent a searching cross-exami-
nation, which went to show him to.belia drunken profligate
character.

Several witnesses gave the prisoner an excellent character.
The RECORDER having summed up, the jury returned a
verdict of Not Guilty.
In answer to the Recorder, the jury said they did not be-
lieve either of the witnesses.

On the application of Mr. Clarkson, the prisoner was dis•
charged, and left the Court with his friends.

SIGNOR TABIBURINI.—Every admirer of this great
singer will be delighted to learn that, after he has completed his en-
gagement at St. Petersburgh, he will pass this season in London. We
have great pleasure in making this agreeable announcement to onr
musical readers. Tasnburint is Still UnXlYAlleil as A barytque.