The Sun.
London, England, 1846-12-10 00:00:00

THE SUN, LONDON, THURSIDAy MORNING, DECENI.I3ER lO, 18-ts.

THE 31st REGIMENT.

On Monday the head-quarters of the gallant 31st
Regiment, under the command of Major Staunton,
debarked at Gravesend from the ship Madagascar. This
distinguished corps was present at Moodkee, Ferozeshab,
Buddewall, Aliwal, and Sobraon, with the divihion of Sir
Harry Smith—in all of which battles it was hotly
engaged, and suffered very severely. 28 officers and 530
men formed the list of casualties, the whole strength of
the regiment before the battle of Diloodkee having been
32 officers and 733 mer.

LAW INTELLIGENCE.
PRIVY COUNCIL, Dec. 9.

be completed, no matter at what cost. Accordingly,
some fifty persons were employed, who, armed with sticks,
made the survey at night. The expense of employing
the additional force formed a considerable item in the ac-
count of the plaintiff.
The LORD CHIEF BARON said it was very clear that
the plaintiff could not recover for any charge of that
kind. The hiring of a band of ruffians to commit an
act of trespass could not be sanctioned in any court
of law.

The Judicial Committee of the Privy Council sat again
to-day, in the Council Chamber, Whitehall. The Lords
i❑ attendance were Lord Brougham, Lord Langdale (the
Master of the Rolle), Mr. Baton Parke, Sir Herbert
Jenner Fust, the Judge of the Admiralty Court, and the
Chancellor of the Duchy of Cornwall.
THE QUEEN'S PROCTc R V. THE SOLICITOR OF THE

DUCHY OF LANCASTER.

Four standards captured by the regiment from the
Siekhs were landed amid the deafening acclamations of
thousands of spectators, who lined the bank of the river,
cheering with all their might and main the stern heroes
of the Sutlej.
One of these trophies was taken at Ferozeshab, one at
Alma], and two at Sobraon. Among them was an
Akahlee flag; and desperate must have been the combat
before these devotees left their banner, which they are
sworn to lose only with their lives.
The colours of the corps, torn to shreds from the
storm of grapeshot through which they were victoriously
borne, and stained with the blood of the ensigns who
were killed carrying them to the muzzles of the Seikh
guns which the regiment captured, formed objects of
great interest to the assembled spectators.
Colonel Spence, C. 8., who commanded the 31st in all
these actions, met them at Gravesend, and marched at
their head to Chatham, where every one seemed to vie
with another in doing all honour to these brave men.
The 31st Regiment sailed for India in January, 1825,
on board the ill-fated Kent East Indiaman. The only
officers now with the regiment who were present at that
lamentable catastrophe are Colonel Spence and Quarter-
master Benison.

The SOLICITOR-GENERAL commenced his arguments
to day in this appeal, follocing the Queen's Advocate,
who was heard yesterday. The arguments of the
Learned Gentleman occupied the whole of the morning.
Lord Campbell, the Chancellor of the Duchy of Lan-
caster, adhering to his determination of yesterday, sat
without the bar among her Majesty's counsel.

Mr. MARTIN, on the pal t of the defendant, contended
that the sum of 1801. 165., which had been paid to the
plaintiff; was ample remuneration for the services ren-
dered by him. A contract was entered into at the rate
of 251. per mile, including all expenses.
Witnesses were then called on the part of the defence,
who stated that the custom of the profession was, that
when a contract war entered into to survey by the mile,
it included all expenses whatever.
Mr. WHATELEY, in reply, contended that the contract
was to pay 251. a mile and all expenses ; and now the
work was done, it was most unfair to turn round and
saddle the plaintiff with expenses which he incurred at
the express direction cf the defendant.

COURT OF CHANCERY, Dec. 9.
STOCKEN V. DAWbON.

The arguments in this case, which came before the
Court upon appeal from an order of the Master of the
Rolls, were resumed and concluded to. day, Mr. Bothell,
on behalf of the appellants, having concluded his reply
this morning.
The case, which has alreaely occupied several days,
and which has been in this Ccurt for several years,
came before the Lord Chancellor on appeal from a
judgment of the Master of the Rolls, disallowing ex-
ceptions to the Master's report. A short state ment
of the facts of the case may be thus made :
John and William Stocken had carried on the business
of brewers at Walham Green. In 1820 John died,
having made a will by which he devised his undivided
moiety of his interest in the brewery to William Stocken,
Thomas Carlton, and Benjamin Dawson, in trust to re-
ceive the rents, and apply the same towards the support
of his son and daughter during their minorities ; and
when the youngest of them came of age, he devised the
same to them in equal shares. The brewery was, ac-
cording to the directions in the will, to be valued, and the
right to purchase the moiety offered to his brother. If
the brother purchased, he was to give satisfactory
i
security for the payment; f he declined to purchase,
the business was to be carried on as it hal here-
tofore been, for the maintenance of the testator's
wife and family. The valuation was made, and
William, the brother, remained in possession as a
nominal purchaser, until 1824, when he died, having
made a will by which he gave his son, Oliver
Stocken, one of the defendants, the whole of
his interest in the property, and appointed Oliver
Stocken and Benjamin Dawson his executors. That
will was proved, and Oliver took possession of the
property, and carried on the business, as he believed,
for his own benefit. In 1827 the plaintiff, an infant,
filed a bill by his next friend, alleging that no proper
valuation of the property had been made during the life
of William Stocken, that the defendant had not pro-
perly become the owner of the property, and praying
an account and a receiver. The cause was heard in
November, 1830, and a decree made, by which it was
declared that the interest of John Stocken in the
brewery was not affected by the valuation or alleged
purchase, and a reference was directed to the Master to
take an account of the profits.of the brewery which had
accrued since the death of John Stocken, and to make all
parties just allowances. The Master having reported,
the defendants took several exceptions to that re port ;
some of these were allowed but the Master of the Rolls
having decided against the claim of the defendant to any
allowance for carrying on the business in the character
of executor to his deceased partner, and affirmed the
claim of the plaintiff to the halt of the profits. The ques-
tions were now argued on appeal.
The Loan CHANCELLOR, at the conclusion of Mr.
Bethel's reply to-day, postponed giving judgment.

The LORD CHIEF BARON having summed up, the jury
returned a verdict for the plaintiff—; 41. 12$. 71.

COURT

OF COMMON PLEAS, Dec. 9.
The London sittings commenced this morning at
Guildhall, before the Lard Chief Justice. The Court
was occupied all the day with a river collision case of no
interest, except to the parties concerned. The cause list
is very heavy, and a great proportion are special jury

ca es.

MIDDLESEX SESSIONS.
Henry Manley Ns as indicted for stealing two stoves
and a quantity of iron, the property of Edward Aimes.
The prosecutor, who was a builder in Empson-street,
had a quantity of old building materials in his yard,
among which were several stoves and metal bolts, and
on the morning of the 3d inst. the prisoner was observed
by a policeman on the top of the wall of the prosecutor's
yard, when some person from the inside handed him up
a stove, which the prisoner gave to a person outside the
wall. Ths constable then came up, and the other two
men ran away, but before the prisoner could get down
he took him into custody. The stoves and a number of
old iron bolts were found on the outside of the wall.
The jury returned a verdict of Guilty, and the pri
soner was sentenced to six months' imprisonment, with
hard labour.

Mary Ann Mills was indicted for stealing 4s. from the
person of John Wright, with whom she was drinking at
the time in a public-house.
She was sentenced to six months' imprisonment, with
hard labour. The records of some former convictions
were I roved against her.
Eliza Humphries, a strong and forbidding-looking
young woman, aged 18 years, was indicted of stealing a
shawl and other articles, the property of John Cronan.
It appeared that the prisoner had been an inmate in
the Wapping workhouse, and went to see the prosecutor,
with whom she bad been formerly acquainted, and stole
the shawl and some other trifling articles. Upon her
return io the workhouse she lodged them with another
pauper for safety, by whom they were eventually given
up to one of the wardswomen, and the prisoner was
taken into custody.
When called upon for her defence, the prisoner in a
broad Munster accent said, " I have nothing to say,
except that you will transport me, for so help me -,
if I am only sent to prison, when I come out I will be
tried for murder, for I will have that villain's life (point-
ing to the pauper to whom she gave the shawl) when I
come out."

The ASSISTANT-JUDGE—I will take care of you for
six months, at all. events.

VICE-CHANCERY COURT, Dec. 9.
(Before the VICE-CHANCELLOR of ENGLAND.)
PEACOCK V. KERNOT.

Prisoner—Six months or six years is all the same
thing to me, for I will hunt her to the world's end, or I
will nave my revenge.
The Learned ASSISTANT-JUDGE—WeII, we will see.
The sentence is that you be impriNoned and kept to
hard labour for six months, and at the end of that time
that you find sureties to keep the peace.
Prisoner--Keep the pace, is it ? By J—, I'll make
her keep the pace when I come out.

The arguments in this part-heard case were resumed
this morning, and occupied his Honour the whole day.
The suit was instituted for the purpose of setting aside a
contract for the purchase by the plaintiff of the stock and
premises of a toy-shop at West Cowes, in the Isle of
Wight, which the defendant (a drupgiat there) had, as
it was alleged in the bill, induced the plaintiff to buy
from him. The bill represented that the plaint:ft' was a
young man of weak intellect, who had been imposed
upon by the defendant, and induced to lay out his money
upon what might be considered by some persons
the trumpery concerns of a toy shop, which the de-
fendant had been himself carrying on next door to his
druggist's shop. On the filing of the bill, an injunction
had been applied for and granted, restraining the de-
fendant from enforcing payment of the purchase-money
till the heariag.

POLICE I N TELLIC;ENCE.
MA NSI ON-HO USE.
ROBERIES BY SERVANTS.--Henry Morgan, a young
man, employed by Messrs. White and Co., of No. 108,
Cheapide, warehousemen, was charged with having
robbed the firm.
Mr. White, jun., haring been informed by one of the
servants of the establishment that a shawl was found,
wrapped up in a piece of brown paper in the dust bin,
snspicion fell upon the prisoner, who was occupied in
the shawl department of the warehouse, and who was
placed in the custody of Furnell, City policeman, No.
32, after a short investigation. The prisoner, on his
way to the station-house, confessed to the officer that he
had secreted the shawl, and said that as it was his first
offence, and it was caused by the illness of his wife, and
his great poverty, he hoped Mr. White would forgive
him. The officer found in the prisoner's pocket 21. Bs.,
and in his lodgings a piece of satinet worth 31. 10., which
had been missing since last May, from Mr. White's
warehouse.
The prisoner made no defence, and was committed for
trial.

Thomas Joi4nson, porter to Messrs. Chaplin and Horne,
carriers, of Ilamboro'-wharf, in Thames-street, was
brought up for re-examination. on the charge of having
stolen a truss of silk, value 1251., which. with other pro-
perty, he was intrusted to deliver. The justice-room
was crowded during the investigation, a statement having
been made drat three thieves had received the truss from
the prisoner ii Charterhouse-square, and driven off with
it at full spew! in a cart.
Mr. Riches, clerk to Messrs. Chaplin and Horne, in
answer to a question from the prisoner's solicitor, stated
that the house had received a very good character of the
prisoner frond Messrs. I'ickford and Co., and never before
bad had cause. to suspect his integrity.
John Fry, a lad in the employment of Messrs. Chap-
lin and Home, stated that it was his duty to attend the
waggon, to watch the goods taken out to be delivered
to the various consignees. On the 24th of November he
attended the waggon to several places with the prisoner,
who kept the book. He saw the truss safe in Bishops-
gate-street, .but after they left that street he never saw
it. They then went to Ratcliffe Highway, and from
thence to C harter-house•square, where they were to
deliver some property. Upon going into the square the
prisoner sale' he had forgotten the book at the last
place they vi sited, and he sent the witness for it. The
delay was (07 ►siderable, and when witness returned they
went to Bun:hill-row, where the prisoner told him to put
out the truss, but the truss was nowhere to be found,
and the primmer said it must be lost or dropped off.
The L0R.:13 MAYOR desired to be informed whether
anything ha+ I been said to the prisoner about the value
of the truss-

Mr. Riches—No; but the mark " Silk " was on the
delivery ticks ?t, ar,d he, of course, must have known that
it was of con siderable value.

In his cross-examination the witness said he had
never left th e prisoner except when he went back to the
place in s the book had been left, which was
at a chemist's shop where they had delivered some
hampers.
Inspector Woodruffe said it was evident the book had
been left at -the chemist's shop in order to give an ex-
cuse to this prisoner for sending away the bov from
Charterhou se-square, as the prisoner must have heard a
person from that shop call out to him to return him
his book.
The priacener was ordered to be brought up for final
examination on Friday, when he will be committed.
MARLBOROUGH-STREET.
William .Ruslibrook was charged with breaking into
the house Yo. 14, Great Tichficld-street, and carrying
off a writir: g• desk and two coats.
J. Jones„ carpenter, 84, Great Titchfield-street, said
he had been in his bed room on Tuesday evening about a
quarter past: five o'clock, and left the desk and the other
articles safe• in the room when he went down stairs to
tea. He rem wined below some time, and it might have
been half-past seven o'clock when he returned to his
bed-room and went to bed. But half an hour after he
was roused -by his wife, who stated that a young man
had come 1,0 the door, inquiring whether he had lost
his desk. Complainant got up, and found that his desk
was gone vri zh all that it contained. In the course of
their search about the room to ascertain what else was
missing, they pulled out two of the drawers, and
discovered that a top coat had been taken from
one of th emit and a dress coat from another.
lie then we ni; to the Russell coffee-house, Great Wind-
mill-street, iv-here he saw his desk, which had been left
there by a 3 o ung man, who said he would call for it iu
de
eiutntt committingteoldreamn for
wh otrsi
said
ildat
the morning.. Information was given to the police, and
this morning the prisoner came in and inquired for the
hsheiimamrcaahtipnagcket of cards,
desk, and w. as apprehended. The complainant said the
prisoner was a brother-in-law cf
Elizabeth , Te nes, coffee-house- keeper, 26, Great Wind-
mill-street, c. roborated this testimony.
pawnbrokers, .Wardour•street, said the prisoner came
John Bed Jlurst, assistant to A. and W.ellparrisroisneenr,
L
iands.p
lopoi
ildee.ed,...gcheoedn
hsai
3,4 c coat with
another
etcehr
festoael
tiiiaedntm,dwo,oiontnnh Tuesdayth
ent
time,high t
prisoner
whichl
teh eo
occupied
d
'sdoor,
andth the robbery.
bib earl pair
f false
sahetevteahnles osstohaffit
iielorinne offered
aspnel gseo,mbeu t
copper
r refusedmon money,
a takelat e it.h
k
course
rcuhbalrtegi.l
charge
soner was removed from the bar, appli-
cation
stolen fromm th e
prisoner
rpnoleeordmgh.ea
pledged the
Mteheffesesrip•rsae.
idlnlttaihrregrmis
Criminalß e
f e re C
theouttsrpht.e.:
r shop on Monday last, but they were
the chief part or the prosecutor's house, and had had
ww
ischrkh.eelowrpipsarlei an um:
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ypme prosecutor
st
:mg
tost
rfstoeowrfnou'pss lepeadads.signi estlti at
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as known where they were pledged, but
otsy.m thepwtipotrnhi-ossoutnrt
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further
thatt
the duplicates w .e destroyed.
h
paintings
aii
willing
igpitelorrAiewsgeßoioDnvauelenc,
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teamhnsteacioteiptatiernido(ntiphi heccerat
only
also, and bring ..up the pawnbrokers, unless they were

MURDER OP GAMEKEEPER. -On Wednesday
last one of the under-gamekeepers of Mr. Culquhoun, of
Killermont, mum, J, we believe, Jamieson, was fired at
by poachers, and so severely wounded below the knee
that he died the same night. From what we have
learned, it apperir.i that Jamieson had been employed
with one of the fa 'esters during the day near Kilpatrick,
and afterwards proceeded towards Maryhill, where he
had fallen in with two poachers, one of whom, in a fray
which ensued, d'.se,tiarged his fowling-piece at him with
fatal effect. The *keeper was found some hours after-
Aards in a sirkiti g state by a young t-Lan who was
attracted to the spL tby his groans. We understand he
was then so weili as to be able only to articulate with
some difficulty that tite "bloody deed was done by two
men who had a. whi to dog." The authorities of Dum-
bartonshire seer iave.itigating this serious affair.

RAILWAY SHARE IVIARKEI S.

LIVERPOOL, DECEMBER 8.
STOCK EXCHANGE.—The sales are—Chester and Birken-
head, 201. Shares, in p.—Eastern Counties, York Extension,
1% p.—London and North-Western; 195—Ditto, Quarters,
New, 134 p.—Manchester and Leeds, 24 p.—Ditto, Ex-
tensiion, 1% p.—Ditto, Halves (late L. and B.), 414 p.—
Ditto (late Manchester, Bolton, and Bury), Fifths, 534 p.—
Midland, 127—Ditto, New, 4% p.—North Union (B), 154
—Sheffield and Manchester, Quarters (No. 2), 231/2—York
and Selby (East and West Riding), Preference, 9ye p.—
East Lancashire, 414 p. ex new—Ditto, New (Nos. 1 and
2), 3%p.—Huddersfield Canal and Railway, 4% p.—Ditto,
Extension, 114 p.—Leeds and Dewsbury, 11 p.—Ditto, Ex-
tension (green), p.—Leeds and Thirsk, 1% dis.—Lime -
rick and Waterford, 12 dis.—Shrewsbury and Chester (late
North Wales Mineral), 434 p.—Ditto, Halves, 2% p.—
Shrewsbury, Oswestry, and Chester, New, % dis.—Amber •
gate and Eastern Junction, Is. 3d. p.—Birkenhead, Lanca-
shire, and Cheshire Junction, 11% p.—Birmingham and
Oxford Junction, 6% p.—East Lincolnshire, 21s. 3d. p.—
Glasgow and Dumfries, 1 p.—Liverpool, Manchester, and
Newcastle Junction, par—London and York, % dis.—Ditto,
Direct Northern, % dis. —Newry and Warrenpoint, 3 p.—
North Staffordshire, 33 p.— North-Western, 4 p.—Shrews-
bury and Hereford, 14 dis.—Shrewsbury and Birmingham
(A), 365. 3d. p.—Ditto, (B), 16s. 3d. p.—Shropshire Union
Railway and Canal, 3s. 9d. dis.—West Riding Union, 13/4
p.—Liverpool, Crosby, and Southport, 114 p.—Great Lux-
embourg, 314 dis.—Trent Valley, Midlands, and Grand
Junction, 1% p.