The Sun.
London, England, 1851-04-28 00:00:00

THE QUEEN V. EIESSELL.

This was a conviction under the Copyright of
Designs Act. An invention for ventilating rooms
had been registered. One pane in the highest row of
a window was to have only half the usual quantity of
glass, and was to be inserted at an angle, and this was
to be managed by a screw at the bottom of the
window•frame, so that the air could be admitted.
The claim was the general configuration and combi-
nation of the parts for the purpose designed. The
window pane was an oblong of a square. The in-
fringement was this,—that everything was similsr,
except that the window pan•, an oblong. was longer
and narrower. The present rule was to quill the
conviction.

Mr. Hindmarsh and Mr. Llcke supported the
conviction, and Mr. Webster and Mr. Hunter con-
tended that the conviction ought to be quashed, as it
did not come within the Designs Act.
The COURT thought the very plan of the invention,
as stated by the inventor, was suicidal. The inventor
had disclaimed the window-frame, the pane of glass,
and the screw. There was no new configuration.—
Conviction quashed.

THE QUEEN ON THE PROSECUTION OF WiIIsTON, CLERK

P. THE DEAN AND CHAPTER. Or HOCHENTER.

Sir F. KELLY said this was a demurrer to certain
pleas pleaded to a return to a mandamus, the manda•
mus being to restore a gentleman of the name of
Whiston to the office of head master of the Grammar
School, at Rochester. The mandamus stated that
Mr. Whiston was nominated head master of the
school, and had always conducted himsplf properly ;
but that the dean and chapter had dismissed him.
The return, after stating the foundation of the
school, went on to say that Mr. Whiston had been
elected head master, and that he had been removed
from his office tor lawful cause, and had not appealed
to the Bishop of Rochester, who was the visitor of
the school. To that return the prosecutor hal
pleaded three pleas ; Ist, that the return was not suf-
cient, that the cause for which he had been removed
was not a lawful cause; 2d, that as to so much
of the return which stated that he had not ap-
pealed to the bishop, he had pleaded in the next
plea that the cause of the removal was alleged to
be the writing a pamphlet ; that the words of the
pamphlet were written of and concerning the bishop,
and that several passages of the pamphlet were
written with the intention of making public what
had been done with regard to the school, and
that he was not bound by the statute to appeal to the
bishop. Thirdly, that Mr. Whiston was elected in
1842, under letters patent, to be head master of the
school; that he had properly conducted himself, and
was not unfit for the situation; that he had required
an augmentation for some of the scholars ; that he
had published a pamphlet on cathedral trusts; that
the pamphlet was for the public benefit ; that in 1849
the dean and chapter bad resolved that he should be
removed, and that there was no other cause for the
removal than the pamphlet. To this plea in bar there
were special demurrers. The Learned Counsel ap-
peared on behalf of the defendants, and submitted
that the Bishop of Rochester was visitor of the
school, to whom, and to whom alone, the appeal lay
against the sentence of the dean and chapter dismis-
sing Mr. Whiston from his office; and that upon
principle, as well as upon established authority, there
was no concurrent or other jurisdiction, but that
where under statute in a case of this nature upon
any act in the nature of a dismissal being done
by a body like the dean and chapter, and in
respect of an office of this character, if the per-
son distniss-d supposed he had cause of complaint,
he must appeal to the visitor, and to the vi-itor
alone ; and although this Court would interpose if,
upon an appeal being made to a visitor the visitor
should refuse to hear or entertain it, and the visite'.
might thus be compelled to do jus, ice, yet until that
appeal had been made, no mandamus would lie, and
it was not competent for this Court to entertain the
question, which belonged to the visitor alone.
Sir F. THEEIGER, on behalf of Mr. Whiston, con-
tended that, although in ordinary cases an appeal
would be to the visitor, yet in the present instance
the Bishop of Rochester was so much interested, that
to appeal to him would be making him a judge of his
own cause. There were passages in the pamphlet
reflecting in very strong terms upon the conduct of
the Bishop of Rochester. They imputed to him a
knowledge of the diversion of the funds of the school
from their proper object, so that, as he had before
said, to appeal to the bishop would be to appeal to a
party who was himself charged with having a know-
ledge of that which was said to be improper conduct.
In the midst of the argument of the Learned
Counsel the Court rose, and the further hearing
w4s postponed.

POLICE INTELLIGENCE.
MARY LEBOIVE.

Adolphe Czapluntzi was placed at the bar before
Mr. Broughton, charged with having, under false
prptenees, rreleaveured to obtain money from Lord
Leigh, or 30, Portman-square.
A great deal of evidence ryes gone into, from
which it appeared that a few days ago Lord Leigh
received from the prisoner a letter, inclosing three
other letters, one of them purporting to be signed
by the Earl of Carlisle, another by Lord Jersey,
and a third by the American Minister, to whom the
prisoner had applied for assistance, setting forth that
he had been a lieutenant in the Hungarian army, and
that after the ineffectual struggle for independence he
went to Paris, where he was not allowed to remain,
and was therefore compelled to take refuge in Eng-
land. It was further stated that Lord Leigh being
a subscriber to the Mendicity Society, communi-
cated with Captain Ward, the manager thereof, and
as the prisoner was well known as an impostor, it
was arranged by the captain and Mr. Fergusson,
the chief clerk in the begging letter department,
that Horsford, the principal officer, should be in at-
tendance at his Lordship's house at six o'clock on
Friday evening, at which period the prisoner was
to call for an answer to his application. He came
at the time tamed, and was then given into the
custody of Horsford, by whom he was conveyed to the
station-house. From letters produced it would ap-
pear that the prison. r had obtained money from the
Earl of Carlisle (31.), and from the American Minis-
ter 21., to aid him in his trip to the new world. The
prisoner was some time ago charged at this court
with having, by falsely representing himself as a col-
lector for Polish refugees, obtained money from va-
rious individuals, and, atter being remanded, he was
discharged.
The prisoner, who said that the statements in the
documents brught forward were correct, was remanded
till Wednesday next, in order to afford time for
Horsford to make further inquiries in the matter, su
as to ascertain whether the letters produced were
genuine or not. The magistrate intimated to the
prisoner that if he could find good bail he was at
liberty to do so.
William Searle and Phabe Searle (man and wife)
were charged with having plundered the residence of
Sir. William Robert Clayton, 79, Gloucester-place,
Portman-square, of property of different descriptions
to the amount of about 401.

It appeared from the evidence of several witnesses
that the Baronet's family left London in July last; and
that the prisoners were engaged to take charge of
the house and furniture therein. On Friday last the
butler, with other servants, returned to town in
order to prepare for the family's arrival on the next
day, and on entering the residence they found that
the prisoners had absconded from the place. They
made their way into eari'ma apartments, below and
up stairs, and at once ascertained that the rooms had
been completely stripped of everything which it was
possible to carry of. Information of the robbery was
communicated to the police, and this morning (Sa-
turday) the prisoners were captured by Eldridge,
335, and Hoyes, 14 D. The man was taken in Port-
man-square, and the woman at a room in East-street,
Manchester-square. The latter said she was very
sorry for what she had done, and told the officers that
if they would look into a cupboard in the house-
keeper's room, they would find the duplicates for the
property pledged. They accordingly proceeded
thither, and on searchng the place alluded to they
laid their hands on no fewer than 64 tickets for ar-
ticles pledged.
A host of pawnbrokers attended, bringing witb
them large and small packages, containing articles of
different kinds pledged at their respective shops'.
The property was identified as belonging to Sir M.
R. Clayton, and in order to afford time for the com-
pletion of the depo.itions taken the prisoners were
remanded till Monday week, on which day the evi-
dence against them will be read over and they will be
committed for trial.

WEIGHTS AND MEASURES IN LIVERPOOL.—During
last year 17,741 places using weights and measures in Liver-
pool were visited by the inspectors, whilst the convictions for
fraud were only 528, or 8 per cent. In the two previous
years, the per centage was respectively 10 and 574 per cent.
The average deficiency of the weights was 61-64ths of an
ounce, and 1,462 weights were rejected as irreparable. The
amount received in penalties was 3131. 18s. 6d. Of 4,762
grocers and provision dealers visited. 168 were convicted of
using illegal weights and scales; of 2,556 butchers, 35 were
convicted; of 928 coal merchants and dealers, 45 were con-
victed; of flour dealers 117 were visited, and 6 convicted ;
of greengrocers, 1,198 were visited, and 25 convicted; of
355 confectioners, only one was convicted; of 43 brewers,
two were convicted; of 125 licensed victuallers, only one
was convicted; and there was only one conviction out of 173
milk-sellers. ~ast year the expenses of the establishment
were 1,479/. Bs. 1010.; and the receipts, including fines,
1,340/. 15s. ld.

LUNATICS (SCOTLAND).—The total number of
pauper lunatics in Scotland on the first day of . the present
year was, according 'to a return just published,- 3,362,
and the total annual cost for their maintenance was
44,023/. Is. 3d., making the average cost per head
131. 10e. bop.