The Sun.
London, England, 1851-01-25 00:00:00

CHANCERY.-(THIS DAY.)

The further hearing of the part-heard lunatic petition
" In re Franks," occupied tho Lord Chancellor the whole
morning.

ROLLS' COURT.-(THIS DAY.)
Consent petitions and short causes occupied the Master
of the Rolls the greater part of the day.

VICE-CHANCERY.--(THIS DAY.)

(Bofore Vice-Chancellor KNIGHT BRUCE.)

liis Honour heard cause petitions and petitions to
day, none of which possessed any interest.
(Before Vice-Chancellor Lord CRANWORTH.)

WEBSTER V. THE SOUTH-EASTERN RAILWAY COMPANY,

JUDGMENT.

His LORDSHIP gave judgment in this case, which came
before him a short time since upon motion on behalf of
the plaintiff, Sir Godfrey Webster, of Battle Abbey, in
Sussex, for an injunction to restrain the defendants, the
South-Eastern Railway Company, from keeping posses-
sion of or entering upon certain land for the purposes of
their railway belonging to the plaintiff, nearßattleAbbey.
His Lordship, after going shortly into the case, ordered
the motion to be dismissed with costs.

The Court, after disposing of most of the cases that
good in his Lordship's paper by order, and several short
claims, proceeded with the hearing of the alijournt'd
petitions.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings in Banco.)
SIEVERIGHT V. ARCHIBALD.
Lord CAMPBELL said the Court had determined upon
granting a rule to show cause in this case.
The Court then proceeded to hear cases in the Crown
paper; that of " The Queen v. Wigton," having refer.
ence to the validity of the order of a removal of a luna-
tic pauper, occupying the greater part of the morning.
Their Lordships rose early, in order to be present at
the argument of " The Queen v. Bird," in the Exche-
quer Chamber.

COMMON PLEAS.-(THIS DAY.)
(Sittings in Banco.)
DOE DEM. BAINBRIGGE V. BAINBRIGGE.
This important case was resumed this morning.
The reading of the Judge's notes and the depositions,
which occupied the whole of yesterday and was not
finished last night, was resumed this morning and ter-
minated shortly after twelve o'clock. The Court then
rose, the Learned Judges having arranged to sit in the
Court of Criminal Appeal in the Exchequer Chamber.
The case will be resumed on Tuesday morning.

EXCHEQUER CHAMBER.
(THIS DAY.)
CRIMINAL APPEALS.
THE QUEEN V. BIRD AND WIFE.
All the judges of the three common law courts, with
the exception of Mr. Baron Platt, who is at chambers,
sat in this court this afternoon for the purpose of hearing
the arguments in the above case, the particulars of which
have been repeatedly before the public.
The Court was crowded to excess with strangers, and
there was a very numerous attendance of gentlemen of
the bar.

The prisoners, it will be recollected, were tried at the
last Exeter Spring Assizes fur the murder of Mary Ann
Parsons, an apprentice girl, and ultimately acquitted.
At the subsequent assizes they were indicted and con-
victed of an assault, and an appeal was made to this
Court to quash the conviction.
Mr. SLADE, who now appeared for one of tho pri-
soners, Robert Curtis Bird, submitted two propositions
for the consideration of the Court. The first proposi-
tion was, that the true issue raised by the pleadings was
not presented to the jury by the Learned Judge who
tried the case, and that if it had been, the defendants
would have been entitled to an acquittal; and next, that
as a general rule of law, the prisoners having been ac-
quitted on the first indictment, which included all the
assaults contained in the second, could not be tried again
for the same offence.
The case was not likely to conclude to-day.

BAIL COURT.-(THIS DAY.)
_ (Sittings in Banco before Mr. JnsticeptLE.)

Mr. COWLING moved for a rule nisi calling upon a
Mr. Longhorn, a shoemaker, in Old Hutton, in West-
moreland, to show cause why a mandamus should not
issue commanding him to pay the overseers of that
township the sum of 1951. 4s. 10d. under the following
circumstances:—Some time ago a man named Richard
Simpson was tried for murder -at the Westmoreland
Summer Assizes, and acquitted on the ground of in-
sanity. He was nevertheless detained in prison, and
shortly afterwards two parties of the county, assisted by
a commissioner of lunacy and a surgeon, inquired into
the state of his mind, and certified, under the Act of
Parliament which gave them authority to take cogni-
zance of the matter, that he was insane. Sir George
Grey, her Majesty's Principal Secretary of State, who
had power to do so under the same Act, ordered him to
be removed to a lunatic asylum at Gateshead, in the
county of Durham, and there he has remained ever since.
Now, Simpson is possessed of considerable property of
a leasehold character, while Mr. Longhorn, the party
against whom the present application was made, held
1951. 4s. 10d. in trust for the lunatic. This having been
ascertained, an order of justice, in pursuance of the
provisions of the Act of Parliament, had been served on
Longhorn, requiring him to !give up the money to the
overseers of the township of Old Dutton, so that they
might reimburse themselves the expenses they
had been put to in ascertaining the lunatic's state
of mind and removing him to the asylum, as well as
maintaining him there. Longhorn, however, acting un-
der the advice of counsel, refused to comply with the
order, and as there was no other means of enforcing it
the overseers had been compelled to sue for the inter-
ference of this Court.

Mr. Justice ERLE doubted whether a mandamus would
lie; the remedy should be by an action at law.
Mr. COWLING said the Act of Parliament certainly
gave the overseers the power of seizing the lunatic's pro-
perty, but as Longhorn was in no way violating the
civil law in retaining possession of it, he very much
doubted whether he could be made amenable to an ac-
tion for trover or any other cause. If, therefore, the
mandamus were refused, the overseers would have no
remedy, and the support of the lunatic would be thrown
upon tho country, notwithstanding that he was possessed
of sufficient means to maintain himself, which would
certainly be an anomalous state of things. There were
analogous cases inithe books to this, and as it was of im-
portance to the public that the point should be fully dis-
cussed, he hoped the Court would grant a rule to show
cause.

Mr. Justice ERLE thought enough had been stated to
justify a rule to show cause, and the Learned Counsel
might, therefore, take one, cAlling upon Longhorn to
answer the facts, or to show why the overseers should
not seizs the property of the lunatic.
Rule nisi accordingly.

THE EXHIBITION AND ITS BUILDING.—Sir,---
Your readers will be glad to learn, if they have felt the force
of your well-meant and kindly-expressed remarks as to the
junctionstrength
othe t hbe u
navei di n in Hyde Park as strongly as I
have, that the contractors are strengthening the structure at
thebuilding
transept, by the introduction of
a second column at each angle, firmly bolted at intervals to
the existing columns. This, as 3ou pointed out some ago, is
a very weak part of the building, and could not safely have
been left as at first constructed. A second girder ought to
be put in on each side, over the wide span. I should not
have written this note, but I heard you very improperly
blamed and condemned for your remarks, a short time ago,
in the presence of some very distinguished persons connected
with the Exhibition, and I feel it to be my duty to point out
that the justice of your observations has been fully proved
by the additions made to the building, and to offer you my
earnest thanks.—A COMMISSIONER. The Builder.

•
PLAYING WITH FIREARMS.--It 18 certainly singu-
lart
r utchka that
lr.riTbw, nis3ot estehar, sdhoulder, and traversing the back,
, but the ball, we understand,
lodged in the muscles, whence it was extracted by Dr.
Crumb, and now no apprehension is entertained. We also
struck
understand that there was no " discussion" which could lead
to unpleasant consequences, as might be inferred from the
manner in which the announcement of the accident was
made. Mr. Twiss resided for some time in Cork.— Cork
Constitution.

ADMITTING CRIMINALS TO BAIL BEFORE TRIAL
BT THE JUDGES.—The judges have at length come to the
important determination, in all cases whereia applications
are made to them to admit to bail persons committed for
trial on criminal charges, to order the depositions taken by
the committing magistrate to be produced before them by
the magistrate's clerk, so that they may be read as part of the
proceedings. This is a most important move in the right
direction, as it will be the means of preventing some of:the
most desperate thieves escaping from justice with the impu-
nity the former practices encouraged.
CAPE or GOOD Horn.—The first puisne judge-
ship at the Cape of Good Hope, vacant by the death of
Judge Menzies, has; been filled up by the appointment of
William Musgrove, Esq., to that office.
MAGNIFICENT BEQUEST.--HOSPITAL FOR CON-
SUMMON, Bsourrox.—At a full meeting of the board of
Sir Henry Foulis,
the.
late Thomas An-
sßms
eaurntoa.,g,
snmwet
snhoet
n,
hhEae
sil
cird,
.ytoe
wfs t
aew
Woburn
dosabtyau,tr
entah eth
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tvh.
place, had bequeathed the
handsome sum of 1,000/. in furtherance of the benevolent
objects of the institution.
He that abuses his own profession will not patiently
bear with any one else that does se. For when we abuse
our own profession, we tacitly except ourselves ; but when
another abuses it, we are far from being certain that this is
the case.—Eliza Cook's Journal.
LORD PANMUEE.—We are happy to have it in our
power to contradict the alarming reports of this respected
nobleman's illness. His Lordship- is somewhat indisposed,
but in no respect considered in a dangerous condition, as
might be imagined from the paragraphs circulated in the
Scotch papers.—Advertiser.
LOYAL UNITED FRIENDS.—On Thursday evening
last, the twenty-fourth anniversary of the opening of the
No. 2 lodge of this important order was celebrated in a public
supper, at the lodge-house, the Rose and Crown, Fort-street,
Old Artillery-ground, Spitallields, on which occasion a highly
respectable body of the Friends partook of an excellent en-
tertainment served up in Treasurer Norris's proverbial good
style. P.S.P. Heath was the chairman, and F. Neville
deputy; and were supported by P.S.P.CIay, P.S.P. Thacker,
P.S.P. Must, P.P.S. Waterlow, P.S.P. Bryan, P.S.Y. Wells,
P.S P. Woodman, P.P. Argent, P.P. White, P.P. Burgess
(15), P.P. Bagnall, P.P. Harriss, P.P. Lowe, P.P. Jeffrey,
with several other influential past and present officers. After
the customary loyal toasts had been given, " Success to the
Order, with Prosperity to the Gift Fund," was proposed and
well received. Other appropriate toasts, including the
healths of the chairman and treasurer afterwards followed,
and the greatest good feeling was prolonged until a late hour.
Mits. FANNY KEMBLE.---This lady, whose read-
ings of Shakspere at the St. James's Theatre towards the
close of last season obtained so large a share of popularity,
will shortly resume her interesting and instructive enter-
tainment at the same thea're. Previous to her re-appear-
ance in this metropolis, Mrs. Kenible will give a short series
of readings in Paris, at the Salle Herz, under arrangements
already completed by Mr. Mitchell. Her short provincial
tour, now on the point of completion, has been a most suc-
cessful cue.