The Sun.
London, England, 1833-11-05 00:00:00

ROLLS' COURT.-(THIS DAY.)

His Honour, the AIASTER. of the Rou,s, having dis-
posed of all the cases in his paper, rose before eleven
o'clock.

VICE•CHANCERY COURT.-(THIS DAY.)

STRONG. V. IN'GIIRAM.

His Honour, the VICE-CHANCELLOR gave judgment,
this morning, on this case, which came before the Court
some inmate ago, upon exceptions to the Master's
report. The testator, in the cause, made a will, together
with several codicils ; and he also left an unattested
testamentary paper, which was admitted to probate in
the Ecclesiastical Court. The principal questions in the
case were, whether the legacies given by the latter
paper were to be considered as a substitution
of the legacies given on the will and codicils ; and another
question was whether the legacies were to he paid out of
the real or personal estate—the latter being exceedingly
deficient. The Master reported against the substitution,
and to that report exceptions were taken. The Court
concurred in the view of the Master, and ordered the ex-
ceptions to be overru'ed.
The COURT proceeded with the part-heard cause peti-
tion of Pickford v. Randall, the arguments in which had
not concluded when our reporter left.

COURT OF EXCHEQUER.-(THIS DAY.)

Mr. Baron BAYLEY presided in this Court to-day, in
consequence of the absence of Lord LYNDEIURST, who sat
in equity in the Exchequer Chamber.

GREY V. NEWSON.

This was an action upon covenant, which was tried
before Mr. Baron GURNEY, at the London sittings after
last term. The plaintiff was there nonsuited, and leave
given him to move to have a verdict entered for 371. Gs.

Mr. J. JERVIS now moved for a rule to show cause
why that should not be done. The plaintiff was in
partnership with a person named Long, as a tinsmith.
Grey wished to retire, and it was agreed that Long should
give security to him for 225/., in consideration of the
stock and book debts. Newson became such security,
and the action was brought to recover a balance of the
sum ; he then pleaded his discharge under the Insolvent
Debtors' Act, and the Learned Judge nonsuited the
plaintiff. Mr. Jervis now contended, that it was
not such a liability as was contemplated by that
Act—it was not an absolute covenant to pay, the
form of the security being that they would see
Long pay the money. He relied principally upon the
46th clause of the Insolvent Act, the 7th George IV.,
which related to liabilities on annuities.

The Court were of opinion that, taking the instrument
altogether, the liability was an actual one, and not a mere
contingency.—Rule refused.

BARTON O. MANNING.

This was an action upon a Bill of Exchange for 50/.,
tried before Mr. Baron GURNEY, at the late assizes at
Worcester, when a verdict was found for the plaintiff.
Mr. JERVIS now moved for a rule to show cause why
that verdict should not be set aside and a new trial had,
and why the debt and costs which had been paid to the
plaintiff should not be paid into Court, to abide a new
trial. He said the pkintiff was driver of a coach in Bir-
mingham, and the defendant a gentleman belonging to one
of the most respectable families in the county. The plaintiff
had taken the bill from a person named Harding, in pay-
ment for a horse ; it was thought necessary to have a name
on the bill, and Harding took it away for that purpose;
he returned it in a few days with the indorsement of
Samuel Harding, of Birmingham, an uncle of the
drawer. The plaintiff then took the bill, but sub-
sequently found out that such indorsement was
forged. He then met the defendant, and asked
him whether the bill was all right as far as regarded
him, when he answered " Yes, and it will be paid when
it falls due." Again more conversation took place re-
specting the forgery of the indorsement, and Mr. Beards-
worth, on behalf of the plaintiff, again asked defendant
whether it was all right, when he still said " it was." At
the trial, only one witness spoke to the handwriting of the
defendant on the bill, and seven declared that it was not
his. It was shown on the trial that after the defendant had
been so often cautioned about the bill, be took Harding
up to London, and paid all expenses, in order to get him
out of the country. The Learned Judge left it to the
Jury to say whether the handwriting had been proved,
and if not, whether the defendant had given authority
for the use of his name, or whether the acknowledgment
of it was not sufficient recognition of it, as to render him
liable for it. They found the handwriting not suffi-
ciently proved ; but, on account of the recognition
of the bill, they found the defendant liable.
Mr. JERVIS contended that the jury had been misdi-
rected, and that the recognition of the bill, which was
;the sufficiente w
only for the purpose of screening a young man, who was
astoorneendeorf
immense
mhni
oemmeusonnledlenormous
ars
mbdeol foe:
meuotcsopnt
oat
erhtxot
the
anehtnc
paymentiets, t
thf
oreti
therefore
enci
erda
eoscs
erweni
tab;
hs,
eufn,
should
d trustedthuendf oetrrhggeeoi rri eas wf uerr
teh et
Lordshipsor
e
consideration.

The COURT decided that the defendant, having acknow-
ledged the bill to the plaintiff, had adopted it as his own ;
it would be too much to allow a person so to deceive par-
tied into parting with their property, then get the forger
out of the country, and turn round and prove that in order
to do away with his liability.—Rule refused.

COURT OF KING'S BENCH-(THIS DAY.

DOE DEM. SHENLEY V. HEADLAND AND OTHERS.

This was an action of ejectment, which was tried at the
last:Oxford Assizes, and a verdict was given for the plaintiff.
Mr. JERVIS this morning moved for, and obtained a
rule for a new trial.
WILLIAMS V. GREVILLE.

This was an action brought by an innkeeper, at Bre-
con, to recover 1,632/. from the Hon. Colonel Greville,
for expenses incurred by that Hon. Gentleman during
his election for Member of Parliament. It was tried at
the last assizes for the county of Pembroke, and a verdict
found for the plaintiff for 639/.
The SOLICITOR-GENERAL now moved for a rule to
show cause why the verdict should not be set aside, and a
nonsuit entered. The whole of this enormous demand

was alleged to have accrued between the 10th and Wt.'l, of
May, and was incurred in treating voters and non-votell„.
The Hon. Candidate had paid six hundred pounds t°7.
Court, which he contended was the full amount to svbieti
he was liable, and he bad the courage to resist the titt ee
the demand, on the ground that it was illegal. After pgt
the 6001. into Court 1,0821. remained, and in the
cl to
was a sum of 413/. for the non-voters' eating, whicll e
boet
Learned Judge who tried the cause directed to
punged, as being too gross. The balance then jae
tb
was 6391. There were many extravagant items in 0
account, such as the following dozens of Perri, ,
ditto sherry, 67 gallons of brandy, 59 ditto rum, ge
rels of ale, &c. ; and all in six or seven days! The
Learned Judge had directed the Jury to disallow egethe
item that was charged for voters, as coming underthat
Bribing and Treating Act, but the Jury, contrary t° ,„
direction, bad found for 6391. The Learned Counsel cc);o
tended that, according to the evidence, and accortlitto
the direction of the Learned Judge, the 6001. paid
Court would amply cover all legal expenses. 014
Their Lordships, after some consultation, said it t'l°.ed
be necessary to consult the Learned Judge who had tr!
the cause before they gave their opinion upon it.

V. ROBINSON AND OTHERS.
This wasTURNEan action brought by the phtintitf to recover it
from Messrs. Rohinsous and Sandford 371. for Wage.9icvoi
was Inci l at the last London sittings, and the plaint' tice)
nonsuited ; the Learned Judge (the Loud Chief Pi'
giving him I,berty to move to enter a verdict for 51'.'ter $
Mr. LAW moved, on behalf of the plaintiff, to
verdict for 371. There had been two actions broug ont
the plaintiff, one for services performed before the flef'nner•
Samford became a partner, and the second for service' of
:ottivA suhfequeney. The I,iri,,g tv&.ri "at the "t',,st
401. a-year for the first term, and for the becond, ob•
the rate" of 80/. a yeir, but the Learned Counsel:p
mitted that that was not a yearly hiring. The defelliaye
had chosen to dismiss the plaintiff, and thereby to .00
prevented his serving a year ; and, therefore the Pa' 00
had a right to recover. An order had been issued hYstoi
of the Judges of the Court to let one action abide the our
of the other, but as one of the periods of hiring w'!tA
tainted by any complaint of misconduct against the p181'; re.
that could still be proceeded with, even if he could 11°'
cover in the one respecting which this application

-
made. - oteh
The LORD CHIEF JUSTICE, on referring to his t'd to
said it was dear that the defendants had put an eel 0
the plaintiff's service for such misconduct on his Pr liii
was sufficient to conclude his engagement, and 01,/
Lordship was of opinion it was a yearly hiring, b 0
such misconduct, had forfeited all claim to his wage'' tioo
The other Judges being of the same opinion, the 1130
was refused. I'l
Mr. Law said the plaintiff must then proceed Wit
other action.

Workmen have been employed for some Vi
past in cleaning and repairing the windows of Henry

Chapel, at Westminster Abbey.
EDINBURGH.—Avery melancholy occurrent
happened yesterday morning. A lady, understood t°d
one of the hearers of Mr. Tait, threw herself over a vii°,:otbi
in her house in Gardener's-crescent, and was killed (),,".„g6
spot. We are not to versed in all the strange tee", '""to
of the human mind as to trace this catastrophe direct''. I,
the influence of those wild doctrines of that sect of clca,
she was a member, but, considering that lamentable uec,
sion, the miserable consequences which it has produce 0,
consequences which our delicacy really forbids us t° -
tion—we hope we do mot go too far when we say elf
they have been one of the leading causes of her 11°t.,-,
fate. —Edinburgh Observer. The Caledonian Ate,!:
mays—" It is a melancholy fact that one of the chief Eirrr
tnulgators of these doctrines, the soi.disant prophet -
derson, is now confined in a madhouse."
OXFORD.—On Thursday and Friday on, of
quest was holden before Mr. Cecil, on view of the b°4 s
J awes Holland, gardener, who met with his deaths rooo
focktd jaw, occasioned by a stab in his hand from 141:0eil
instrument, on the evening of the 23d ult. The dee p
was a steady man, and bore an excellent character` that
appeared in evidence that he was walking with tw°
'persons up St. Giles's, when they met three men Wag,oo
abreast, apparen•ly gentlemen of the University-
altercation and blows ensued between one of the ge°4l
men end the deceased, who complained that his thumb ",
hurt. Mr. Thomas ambling, pupil to Mr. Paxto
surgeon, &c., stated as fellows :--"
Holland on Wednesday last ; he was then labouring nno,
symptems of a locked jaw, and he died of it on the 'O,
lowing day. During the time 1 attended him be told 0,
that on the Wednesday week preceding he met three g.ed;,
tlemen, and one of them struck at his head with a Bt,'
sr t
inu"
tehantett,e
sialtdni
cedkd
.t a:ooeier,
ihtiswtahsumfrbomfroian somedirkosrhadrapggine4cAl.
and he held out his hand to avoid the blow. He rece`lit
land's death was occasioned by that wound. He tole the
it was some collegians he had met. I have exatninedta,
i
wound, and have no doubt it was from a shay; °oll
t thaton
ment." The jury paid great attention to the rnelane jot
case, and returned a verdict of "Manslaughter qcle'
some person unknown." They also expressed theltoo
testation of the dastardly practice, too prevalent i°
place, of carrying weapons similar to the one which 0e
sinned death.—Reading Mercury. the
A young man, who had lately become Oa
head of a commercial establishment at Douay, bad' 7tttift,
living at Cambray, paid his court to a young ladY ° rge
place, and having gained her affections, her relations ut he
him to marry her, but he declined it, alleging tilvivi
could not obtain his father's consent. On his liefc'e
settled, the brother of the lady went to Douay
upon the faithless lover to accomplish that which 0-
errs
bound in honour to perform, and, on receiving anotbstiO
fusal, challenged the young merchant to meet bir°o,li°;
1!
pistols. The duel took place, accordingly, near DI Ifi
few days ago. They fired together, and at the firg
both were struck. The brother was dangerously °tie
in the neck, and his adversary fell dead, having re
the ball in his breast.

tb°
,to

SAVAGE WARFARE.—We learn fro'-
Missouri Republican that a tragical affair took.ti,
recently in Franklin county in that state. Ttve tb
of that county, one of them personally known °ire,
editor, and a most respectable man, bad some difrei 1116
while at work in a corn field. They agreed to sett; to
matter between themselves with rifles, and resorts tilt!
wood for that purpose. They fought in the IndiAn'
interposing trees and every other defence of
length they fired, and both fell. One of them ;toot"
stantly stantly ; the other survived but about twenty-four P
toe
ROMANCE IN REAL LIFE.--A cirople)
stance of rather a singular nature transpired here (r pre
a few days since, which seems to belong more to the lbe
vince of romance than to the actual region of fact' Oa;
ostler of an inn in this town, who had been a Pi° , 1/1(
was discovered, after the lapse of more than SO Y. p 0
one of his paren,s, who had never received any ti.i. tole'
him during that long period. The man was either !If, 0°
or lost when an infant, and fortunately was placed:l,r
hands of persons of opulence, who pitying his talf°,ro the
and destitute condition, bred him up as a servant
family, in which situation be was retained for soillevelo
Since that time he has been employed at the inns iljd atb°,.o
about 11 years. He was, however, much surpri° teaci
a week since, by a visit from an elderly %role(
stated that she had travelled from the north of fljb;
at the suggestion of a person formerly resident
Ao‘
tb
who had related to her the circumstances atten'ifb°
man. From the coincidence of the statement: i°o
Chid
parties, and the many minute circumstances fres", -cote'
recollection, no doubt remained that they had
their long lost relation.—Dorset County Chron'
A 14- the
MYSTERIOUS DISCLOSURE.--SUni3o/0
night whilst a young woman was under examitia,;-rsenoef,
Belfast Quarter Sessions in an action brought by ""1 ft,
a married man who resides at Moira, for a sum ° obe
to support an illegitimate child which she Bworel, plt!ol
by him, the following most appalling disclosure t°° +e de'
—The defendant's attorney, in cross.examinattot to
0,
whether she had not before made a charge agai.°l:o oft
tt
fendant, of a much more serious nature than *a osej
duction ? She said she had. On being 114'010,
was, she replied " Murder !" This disclosure „o°o
very strong sensation in court; and the young 'she is 4
desired by the Bench to state the particulars.
about ten years ago (being then nine years of sFe:ol,iiie
a servant with the defendant; and one night 85100 o'
and his wife murder a man. After the cormoWsvitb 08,
deed he washed the blood off his hands, and,
cry,
ofie
wife's assistance, buried the body near a quid feb,cre
body, the witness said, was afterwards founds°
by two men, whom she named. The murdeger 00l
the girl to secrecy, and she said she would de felt' ~te
support the child. After the details of t is. 01," ip
revealed the crime but for the seduction, anmit '11201!
toeSs' re? af•
tb
were put under arrest, together with the va lobs rious affair, the man and his wife (both beffib •
police were despatched to make inquiries at 0, the car:
The three persons are now confined in the t;laira.00011
ing the men who were said to have discovr.re,oooe fb:
rection, waiting the result of the inquiry at
girl still persists in the particulars of her very
nary cbarge.--.B elfin( Northern If hip

SPORTING INTELLIGENCE,

TATTERSALES.

it fiqlecji
lad U'

is Orl
V) go
pot tie
1 ref II
gee.
°.OO
e in

with I'll

asig
le VII
'
my

tfl6
Ai I,
0k P
e,'
eiti%lhe

In
the coulee of THE DERBY.
yesterday afternoon Bentley and Bu-
t;t's were severely backed at 712 to 1 and S to 1; the
li
ag offers, hcwever, did not exceed 7 to 1, the York-
t
f, horse appealing to have the call. A new favourite
,°, 41 Cooper's stab. (Bee in a Bonnet) commenced at 40
closed at 30 to 1 ; this is the fifth that has been
tied out of this crack lot, of which only six remain to
tt brought into the market. The prices at the close of
room averaged as follow :
7 to 2 agst Mr. Watt's Bubastes
to I agst Mr. Yates's Bentley
12 to agst Mr. Batson's Plenipo
25t0 1 agst Mr. Gardnor's
De Comet (taken)
to 1 agst Mr. 'Walker's lirium (taken)
to agst Mr Gully's Viator (taken)
"' to I agst Peel's Bee in a Bonnet colt (taken)
40 to I agst Mr. Miller's Brother to Kate (taken)
,0 to 1 agst Sir M. Wood's Brother to Marpessa (taken)
40 to 1 hgst Mt. Greatrex's Trulla colt
OAKS.
8 to 1 agst Colonel Peel's Rosalie (taken)
22 to 1 agst Mr. Greville's Mustard tilly (taken)
, 25 to 1 agst Mr. Nevill's Amadon (taken)
No others mentioned.