The Sun.
London, England, 1851-12-20 00:00:00

SATURDAY EVENING, DECEMBER 20, 1851.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 19.
(Sittings at Nisi Prius, before the CHIEF BARON and
. .

a Special Jury at Guildhall.)
GUEST V. WARREN.
Mr. Sergeant Wilkins and Mr. Jones were coun-
sel for the plaintiff; Mr. Sergeant Shee and Mr.
Pigott appeared for the defendant.
This was an action of trespass for assault and false
imprisonment, to which the defendant pleaded not
guilty, and also a justification that the defendant had
committed a felony.
This case lasted the whole day, but the main facts
elicited may be briefly stated. The defendant is a
dentist carrying on that profession in George-street,
Hanover-square, and would appear to have entered
into a sort of partnership with three persons named
Brown, Hall, and Parry, for the purpose of working
a patent, the invention of Mr. Brown. The defen-
dant, however, did not carry out the deed of partner-
ship, though premises were taken in his name by
Hall, at Brentford, where certain valuable tools re-
quired to work the patent were to be made. On
the recommendation of Brown the plaintiff was
engaged to superintend the workmen at H.
per week, and there he remained till the de-
fendant, conceiving that the plaintiff was siding
with Brown, discharged him. The plaintiff disputed
his right to take this step, alleging that he had been
employed as a yearly servant by Brown. To this the
defendant would not listen, but, as it was Saturday
night, he, at the request of the plaintiff, allowed the
plaintiff to remain for a few days on the premises
till he could provide some other situation. The de-
fendant, however, intimated his intention to send a
man down on the following day to take possession on
his behalf. This man accordingly called, but could
not gain admission, though he remained " walking
the street" till about ten o'clock at night. On the
following morning the defendant went to the works,
and on entering the workshop, of which he had taken
away the key, found that about 250/. worth of un-
finished tools had been removed. On being ques-
tioned the plaintiff admitted that he had assisted
Brown and Hall on the Sunday night at one o'clock
to remove them by the window, and stated, as he had
before stated, that he considered Brown to be his
master, and, as the partner of the defendant, the part
owner of the tools in question. On this the defendant
went to the police-office, and after an interview with
the plaintiff gave him into custody on a charge of
stealing the tools. A search warrant was next
executed at Brown's house, where the tools were
found, packed up in a box filled with sawdust.
The magistrate, on hearing the charge, after a remand,
committed the plaintiff for trial; but when the case
was called on at the Central Criminal Court in the
June session nu evidence was offered against the plain-
tiff, the Learned Counsel for the prosecution stating
that there was reason to believe that Guest had acted
under a false impression as to the rights of the parties.
A. verdict of " Not Guilty" was thereupon found; and
the plaintiff was discharged ; but when he brought
this action the defendant not only pleaded not guilty,
but also a special plea justifying the trespass, by the
reiteration of the charge of felony. The only other
fact which remains to be stated is, that just before the
sessions the defendant effected an arrangement with
Brown and the other parties respecting their rights
under the deed of partnership.
The CHIEF BARON having summed up the case to
the jury, left it to them to say whether they thought
there was any felony committed by the plaintiff. In
his opinion there was no pretence for the charge, and
the only question which was substantially for the jury
was the amount of damages they would award to the
plaintiff under the circumstances of the case.
The jury found a verdict for the plaintiff, with 251.
damages.

INSOLVENT DEBTORS' COURT, Dec. 19.
(Before the CHIEF COMMISSIONER.)
IN THE MATTER or SAMUEL AUGUSTUS HAYES.
The insolvent, a clerk in the Admiralty-office,
Somerset house, applied to be discharged under the
Act.

Mr. Sturgeon appeared for a creditor, and four
others opposed in person.
It appeared that the insolvent had petitioned the
Court of Bankruptcy some time since under the Pri-
vate Arrangement Act, and had set aside a portion of
his income, by which his then creditors had been paid
a dividend of 18.8 d. in the pound. He now included
the creditors in the present schedule, and offered a re-
duced sum of 251. a year, stating as a reason that he
had a family of five children, and had had a great deal
of sickness in his family.
The creditors who opposed in person urged that the
insolvent had lived in an extravagant and reckless
manner. They submitted that the insolvent ought to
set aside 60/. a year for his creditors. His net salary
was 2021., and it was stated by one of his creditors,
that he expected his salary would be increased to
3001. a year.
In answer to the Court,
The insolvent said he had been eighteen years in
the Admiralty department, Somerset-house. His
salary would increase by death vacancies, and there
were three clerks above him in the office.
The CHIEF COMMISSIONER said he would moderate
between the parties. A Government clerk was re-
quired to keep up a respectable appearance, and if a
larger sum was taken from his salary than he could
afford it would not benefit the creditors, as fresh debts
would be incurred. He thought that if an adverse
judgment was given, the insolvent and his family
would be ruined, and his creditors loose all chance of
payment. He should, therefore, order the insolvent
to enter into a rule of court to set aside 301. a year for
his creditors, and the creditors would make another
application when his salary was increased. The in-
solvent was discharged.
(Before Mr. Commissioner PHILLIPS.)
IN RB JOACHIM HAYWARD STOCQUBLER.
This insolvent, lecturer, and proprietor of the dio-
rama, " Life and Scenes in India," applied to be dis-
charged. His appearance had been occasioned by the
failure of "Life and Scenes in India."
Mr. Commissioner PHILLIPS examined the schedule
and ordered the discharge forthwith.
IN RE ANDREW MURRAY.
seC appearedbancery to oppose, and Mr. Sargood
, applied under the Act.
This insolvent, clerk to one of the taxing-masters
of
Air. D
the Courtow of
supported.
Ou a year, the insolvent
toof-
ferecltof a salary of 2251.
set asidelool. a year for his creditors, which
offer was accepted.
Mr. Commissioner PHILLIPS was glad the offer
was accepted. It was a liberal one, but had it been
refused there were liabilities in the schedule which he
must have noticed.
The insolvent was discharged.

SHERIFFS' COURT, Dec. 19.
(Before Mr. W. BURCHELL, Deputy Under-Sheriff,
and a Special Jury.)
DAVIS V. THE EAST AND WEST INDIA DOCK AND
BißmlNGuant JUNCTION RAILWAY.
This was an inquiry to assess the amount of com-
pensation to be paid by the defendants for certain in-
juries done to the premises of the claimant by the
construction of a bridge across the High-street,
Poplar, and the raising of the level of the highway for
the approaches to such bridge.
Mr. Montagu Chambers, Q.C., and Mr. Bramwell,
Q.C. appeared for the claimant; and Mr. Bovill ap-
peared for the company.
The claimant was a provision dealer and cheese-
monger, in High-street, Poplar, and the pavement
in front of his shop had been raised above the
level of the shop ioor, from which various in-
conveniences, which were detailed at great length,
arose. Over the cellar there was an iron grat-
ing, through which light and air passed be-
neath, but it was removed by the company's
servants, and the cellar rendered unfit for the
purpose of a warehouse, for which it had been used—
noof the fre s
claimant,
gratingaim
abeing put down, and the pavement
being made of gravel.
It was estimated, on the part
that to make the shop floor level with
the pavement, and to give the premises the advantages
for the business they originally possessed, the sum of
2771. would be required, and in addition to that sum
761/. ls. 101 was claimed for the loss of profits from
the time he closed his shop until April, 1652, when it
was estimated the alterations would be completed.
The profits were estimated at 20 per cent., and it
was shown that between June, 1849, and April,
1850, the claimant sold stock to the amount of 1,8261.
14s. 9d. From April, 1850, to June, 1851, there was
a considerable falling off in the business, and after
the latter month it ceased altogether, in consequence,
it was alleged, of the alterations in the roadway. The
plaintiff brought an action and recovered 1001. for
the trespass upon his premises. The present claim
was for injury sustained. The company had offered
1701.

At half-paseeight o'clock the jury found for the
claimant, 2501.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT.—York,; Dec. 18.
Bessy Itlinhs, aged 27, was indicted for the man-
slaughter of Priscilla Hodges, at Wetherby, on the
12th of September last.

Mr. Pickering appeared for the prosecution ; the
prisoner was undefended.
It appeared that the prisoner and her husband, and
the deceased and a man named Brown, with whom
she was living, were travelling:the country together
as hawkers, and living together. Early in September
last they were all at Knaresborough, drinking to-
gether at a public-house, and while there Brown took
some indecent liberty with the prisoner, which was
ohserved by the deceased, and this immediately led to
a violent quarrel between the deceased and the priso-
ner, which was, however, :made up. They then all
went to Wetherby, and lodged at the house of a per-
son named Parish. While lodging there, on the 12th
of September, they were all drinking together, and
had had about five or six quarts of porter among them
in the course of the day, and all were more or less

I intoxicated. About nine at night Brown was singing
I a song, when the deceased, who was passing as his
wife, and who was at the time three or four months
gone in pregnancy, asked him to give over and go to bed
as they " had had enough of that at Knaresborough."
The prisoner no sooner heard this than she asked
the deceased " What she meant by that ?" The de-
ceased replied she was only speaking to her husband;
but the prisoner, much irritated, challenged her to
fight, and said she would "have it out then, if she
had not at Knaresborough." The deceased declined
to fight, as she said she was not in a fit state to
fight, being pregnant. The prisoner, however, slip-
ping her gown off her shoulders, baring her arms,
and pulling her cap off her head, went up to the de-
ceased to fight, and seized the deceased by the hair of
her head. After a struggle, being the stronger
woman of the two, she threw the deceased on her
back, and then jumped upon her body with her knees.
Brown attempted to prevent this and to part the
women, but the prisoner's husband immediately
struck at him, and the women were left to fight it
out. The deceased was afterwards lifted on to a
form and complained of being hurt, and requested to
be carried to bed. Witnesses spoke to hearing the
prisoner threaten "to tear the deceased's entrails
out," and the constable of Wetherby, who was
called in by the lodginghouse-keeper to put an
end to the row, said the prisoner " spoke very highly
and swore bitterly." As the deceased continued to
complain of being hurt in her body a surgeon was
sent for, and the prisoner went to call one. Prom
the surgeon's testimony it appeared that about twelve
o'clock on Friday, tha 12th of September, he was
called in to see the deceased. He found her com-
plaining of pain in her body, and she could not bear
to lie down. She got worse, and considerable in-
flammation ensued, and she died on Monday morn-
ing. On a post mortem examination he found that
the small intestines had been ruptured, and that the
intestines were highly inflamed. She was about four
months gone in the family way. The rupture of the
intestines, caused by a violent blow, had been the
cause of death.

The prisoner, in defence laid the blame on the
deceased, who, she said, had attacked her through
jealousy.
His LORDSHIP having summed up,
The jury found the prisoner Guilty.
She was ordered to stand down.
NISI PRIUS COURT.--(Before,Mr. Baron PLATT.)
Dennis Elsom, aged 24, was indicted for having
feloniously cut and wounded one Jonathan Clake, at
Marfleet, on the 12th of November last, with intent
to murder him, or do him some grievous bodily harm.
Mr. Dearsley prosecuted ; the prisouer was unde-
fended.

It appeared that the statute fair for the hiring of
servants at Hedon was on the 12th of November last.
The prosecutor is the landlord of a public-house at
Marfleet, a village between Hedon and Hull. About
two o'clock in the morning after the fair a number of
persons were drinking in the prosecutor's taproom,
and the prisoner was there, and attempted to pick the
pockets of several persons in the room, but found
nothing in them. Some one at length cried out that
"Old John Stephens had been robbed," and prosecu-
tor immediately closed the door of his house, in order
that all present might be searched, and the thief dis-
covered. The prisoner, who had about a dozen of the
lowest male and female characters of Hull in his com-
pany, hereupon made a disturbance, which led to a
row, in the midst of which they forced their way out
into the road, and commenced throwing stones at the
door and windows of the house, breaking in the panels
of the door. The prosecutor went out at his beck door
and round to the front to endeavour to prevent them de-
stroying his property. He had, however, no sooner
spoken to them, than the prisoner started forwards and
struck the prosecutor a violent blow on the back
of his head with a heavy wooden rail, which he held
in both his hands, which knocked him down insensi-
ble. The prisoner then cried out, " li—n him, I've
finished him," and he ran away, followed by the rest of
his party. The prosecutor was very seriously injured
by the blow, and was unable to follow his occupation
for a considerable time. Information was given to
the police, who afterwards apprehended the prisoner.
The prisoner, in his defence, denied that he was the
man who struck the blow.

His LORDSHIP having summed up the evidence,
The jury found the prisoner Guilty on the minor
charge.

A—previous conviction for burglary was then proved
against the prisoner, and he was sentenced to be
transported for fifteen years.
Richard Surtees, a well-dressed and respectable-
looking young man, was indicted for embezzling
several sums at Doncaster, in July last, the property
of his master, John Bradley.
Mr. Oliver Farrer prosecuted, and Mr. Hardy de-
fended the prisoner.
It appeared that the prosecutor is an extensive
brewer at Sheffield, and in June last he engaged the
prisoner at 1/. a week as clerk and bookkeeper to
manage his business at Doncaster, and put him into
the Crown and Anchor public-house, which was then
unoccupied, and belonged to the prosecutor, to carry
on the business and obtain orders and customers in the
neighbourhood for the prosecutor's beer. Evidence
was given that the prisoner, on the 4th of July, had
received 1/. 14s. 6d. from a Mr. Lilford, and had ac-
counted only for 15s. as received, and that he had re-
ceived other small sums in July, which he had only
in part accounted for. It was his duty to account to
the prosecutor every Saturday after market at Don-
caster. But on the Saturday after the 22d of July
the prosecutor, not being able to see the prisoner,
locked up the Crown and Anchor, and took the keys
and the prisoner's books with him. The prisoner
afterwards made out an account of his receipts, but
did not account for the sums above-mentioned. Not
being able to give a satisfactory account of the moneys
he had received, he was taken into custody.
The Learned Counsel for the defence succeeded in
accounting for two of the sums charged to have been
embezzled; the third was stated to be a mistake
arising from the prisoner's incompetence to fill his
situation.

His LORDSHIP having summed up,
The jury found the prisoner Not Guilty.

POLICE INTELLIGENCE.
GUILDHALL.
Mr. James Solyman Davis, general dealer in
jewellery, &c., was brought up before Alderman
Cubitt for further examination, upon the charge of
obtaining goods on credit within three months of his
bankruptcy under false pretences, with intent to de-
fraud bis creditors.
Mr. Ballantine, who appeared, as before, for the
prosecution, inquired for Mr. Heilbrond, the person
to whom the prisoner had sold a great portion of the
goods that had been fraudulently obtained for much
below their wholesale value, and on ascertaining he
was in court gave him into custody, and asked the al-
derman to commit him with the prisoner for conspir-
ing with Davis to defraud the creditors.
Mr. Heilbrond having been placed in the dock
with the bankrupt, _ _ _

Mr. Yates, wlioappeared for the former, said that
a similar application had been made to the Commis-
sioner, who declined to commit him.
Mr. Ballantine said the fact was that an applica-
tion was made that Heilbrond should be committed

for perjury, he having stated that he bad only pur-
chased 5001. worth of goods, when, by the bankrupt's
own evidence before the Commissioner, it appeared he
had received about 2,0001. worth. The Commis-
sioner, however, was unwilling to exercise the power
given him by the late statute, upon the bankrupt's
statement alone, and therefore declined to commit him,
leaving it for a jury to decide upon.
Alderman CU ITT thought it advisable to hear the
evidence, for at present he could not see upon what
ground Heilbrond could be detained.

Mr. Henry Holland, jun., said that on the 10th of
September the prisoner Davis said he hai a large
wedding order, and had already supplied the jew-
ellery, and required a service of plate. He was ac-
cordingly supplied with one, consisting of five dozen
fsopro o
then s
ea
un
gd a
rtforks. O
ohgB
to; complete
fo llo win
-the
g d
service,
ay h
which returned
he
had forgotten on the previous day.
Mr. Holland, sen., said that on the Bth of Sep-
tember Davis purchased of him some chased silver
spoons at 51. ss. Witness at first refused to increase
his account; but Davis said he wanted them for some
particular order, and witness then let him have them.
On the 9th of September Davis was supplied with a
silver teapot, weighing 21 oz. 12 dwts., and value about
101. 10s., but it was sold to Davis at the wholesale
price of 81. 12s.
Mr. Holland, jun., recalled—Said he sold prisoner
on July the 11th two gold watches, one for el. 10s.,
land the other for Cl. 55., the retail value of which was
12/. 12s. and 91. Davis told witness he required
these watches, with others he had had, to supply
some Cambridge students with. On September 15
Davis said he had sold some watches to a Greek mer-
chant, and on the 17th he purchased some more
watches to complete his stock. Since July 11 wit-
ness had received from Davis in acceptances about
2001., and the goods obtained in time amounted to 4861.
The amount of money paid by the prisoner in the
above way during the last two years was about 7001.,
and the amount of goods obtained was over 2,000/.
Witness was a creditor of Davis for about 1,2001.
The invoice of the sale of the teapot was then put in,
showing that Heilbrond had purchased it for Cl. lls.
5d., that being 21. Os. 7d. less than the wholesale
value.

Mr. George Pickett, silversmith, of 265, Oxford-
street, said he purchased the two gold watches alluded
to by Mr. Holland, of a Mr. Barnard, for 121.
Mr. Franz John Barnard, a general dealer, of 20,
St. Mary-axe, said he bought the watches i❑ question
of Heilbrond early in August, and gave 11/. for them.
He knew they were below Holland's prices, and in-
quired of Mr. Holland whom they had been sold to,
but the only answer he could obtain was that they
were purchased by a Teri respectable party, Wit-

ness could not tell the particular day on which he
bought the watches, as he had not kept any books for
cash transactions for the last 18 years. He bought
the pair of fish carvers of Heilbrond on July 15.
Mr. George Martin, of 4, Palsgrave-place, Strand,
silversmith and cutler, said that on the 14th of July
Davis had a pair of silver fish carvers o❑ approbation
only, and retained possession of them until the 12th
of September, when he purchased them. Some time
in August Davis called, and witness asked if he should
charge the carvers in the invoice of other goods, but
prisoner said his customer had not then quite decided
on having them.
Mr. Ballantine here intimated to the Alderman that
the transaction of the fish carvers would form a sepa-
rate charge against the prisoner Davis, and would be
that of felony, and it was his intention to charge
Heilbrond with receiving them with a guilty know-
ledge, for by the evidence of the last witness and that
of Barnard, it was shown that Davis had obtained
the fish carvers on approbation only, and sold them
on the same day to Heilbrond, thereby constituting
a felony.
The prisoners were both remanded, Davis's bail
was enlarged, and two sureties in 1001. each, and
2001. recognizances, were consented to for Heilbrond.
We are requested to acknowledge the receipt of
5/. 10s 6d. from the executors of the late Mr. Cuth-
bert, being the portion of a bequest of 501. to the
poor-box.