The Sun.
London, England, 1833-11-29 00:00:00

GILLET V. STRICKLAND.

This was an action brought to recover Si. Os. 6d.,
being one half of the expense of a fence, or garden wall,
erected between the houses occupied respectively by the
plaintiff and defendant. The parties resided at Michael's-
place, Brompton, as next door neighbours ; and the
wooden fence between the two houses being in a some-
what dilapidated state, it yeas mutually agreed be-
tween the tenants to erect the wall in question at
their joint expense. The plaintiff having dug the foun-
dation, wished the defendant to send a bricklayer to raise
the wall ; but on his representation and promise he was
induced to complete the erection, the defendant agreeing
to pay one half of its cost.
Mr. IhrrctriNsois appeared for the plaintiff, and c filled
several witnesses, in order to prove the existence of the
verbal agreement between the parties.
Mr. PLATT appeared on the other side. The Learned
Counsel commented at some length on the evidence of the
two material witnesses who spoke to the fact, for the
purpose of invalidating their testimony; and called a
witness for the purpose of proving that no such under-
standing or agreement had ever existed between the
parties, but that the plaintiff in fact was bound by his
contract with his landlord to erect the wall in question at
his own expense.
The Jury found a verdict for the plaintiff—Damages
3/. Os. 6d.

COURT OF EXCHEQUER.-(THIS DAY,

(Middlesex Nisi Prius Sittings, before Mr. Baron Gijß
NET and a Common Jury.)
SADLER V. COSTANS.

Mr. J. WILLIAMS stated this case to the jury. He said
the plaintiff was a widow who, in order to obtain a liveli-
hood, kept lodgers and exercised the calling of a laundress.
She resided at No. 9, Warwick row, Pimlico, under a
Mr. Cain, but in September, 1832, the whole row was
sold to the defendant, who gave plaintiff notice to quit at
the end of six months. Immediately after he, without
leave or license, sent in a number of bricklayers and car-
penters for the purpose of repairing the whole of his put.-
cha,e. They took off and repaired the roof ; they knocked
down the wash-house, broke off the water pipe, and so
ruined her business as a laundress; they knocked down
all the garden walls, cut down the trees, and even took
away seven feet from the length of the garden, and totally
spoiled it by throwing the whole of the rubbish from the
other house, in it. They kept a carpenter's bencl. in the
front parlour, which so annoyed the lodgers that they left.
'1 he action was brought for the trespass. and he (Mr. J.
W.) trusted the jury would teach this defendant that he
was not at liberty to proceed in such an arbitrary way.
The notice was put in, in order to prove that the
plaintiff was treated as, and was in fact, a tenant. The
case, as stated, was proved by the plaintiff's eon, and Mrs.
Holdhroke, the lodger, who was obliged to leave in conse-
quence of these repairs.
Mr. THESSIGER, on the part of the defendant, said
that though he bad evidence to show that much of what
had been done was by the consent of the plaintiff, yet, all
the things considered, he had advised that the defendant
should submit to a verdict for 201.

Mr. WILLIAM/ agreed to the offer, and the verdict
was returned accordingly.
The SOLICITOR-GENERAL appeared in Court, and ap-
plied that the cause of " Dicas v. Lord Brougham"
might nut be put in the piper on Monday. The Learned
Counsel on both sides were engaged in a case of great im•
poitanee in the K.ng's Bench on that day. It would be
a favour to both patties if it stood fur Tuesday—Ordered.

OLD BAILEY SESSIONS -(THIS DAY.

OLD COURT.

(Before Mr. Sergeant ARABIN.)
John Davis, alias Williams, was indicted for felo
niously stealing, on the 26th of October, a work box, the
property of John Jarvis.

It ak;peared from the evidence of the prosecutor's son
that the prisoner was seen coming out of the prosecutor's
house with the work box in his hand. The prosecutor
gave an alarm to his son, who, with the assistance of
another person, secured the prisoner a very short distance
from the house with the property upon him.
The prisoner made no defence, and the Jury found him
Guilty.

The same prisoner was again indicted for stealing a
watch and appendages, value 41., the property of Robert
Heritage. _

It appeared from the evidence of a police constable, who
took him in charge on the last felony, that, on searching
the prisoner, he found upon him the watch mentioned iu
the indictment, which the prisoner said he had been
possessed of for two years.
Elizabeth Heritage proved that the watch was her
husband's property, and had been taken out of their
dwelling-house on the morning of the 26th October, the
same day on which the last felony was committed.
The Jury returned a verdict of Guilty, and Mr.
Sergeant ARABIN immediately sentenced the prisoner to
be transported fir seven years upon each indictment.
(Before Mr. Justice LITTLEDA LE.)
Edward Murphy, aged 28, was indicted for the wilful
murder of Edward Thompson, on the 9th July last, at
Friar's Barn.

The prisoner, a young min of respectable appearance,
and described in the calendar as a plasterer by trade,
pleaded Not Guilty.
The witnesses on both sides baying been ordered out of
Court,

Mr. CRESSWELL stated the facts of the case on behalf
of the prosecution as they appeared in evidence. The
prosecution, it will be remembered, arose out of a prize-
fight for 5/., at Whetstone.
Mr. Charles James Cox deposed, that he was assistant.
surgeon to Mr. Hammond, of Whetstone, and that on
the 9th July last, saw a person of the name of Edward
Thompson, at the house of Mr. Harrison ; did not see
him alive, but was at the post mortals examination.
There were external bruises on the head, internal extra-
vasation of 1,1°4 on the dura mater, and a small quantity
of blood in the lower ventricle,—the face was bruised
slightly, and so also was the groin. On the back of the
head a little above the ear, there was a wound which must
have been inflicted by a weapon. In witness's judgment
death was occasioned by extravasation of blood on the
brain, in consequence of the wound at the back of the
head.

Mr. CLARKSON (who with Mr. BODKIN, defended the
prisoner) declined to cross-examine this witness.
Mr. John Harrison, surgeon at Whetstone, deposed,
that he attended the deceased after the fight, and found
him in a state of total insensibility, and he continued in
that state until his death, on Thursday, 11th July last,
about one o'clock. Witness examined the deceased after
death, and found the dura mater perfectly healthy ; but
four vessels of the brain had burst, and there was a quan-
tity of extravasated blood. The eye was bruised, and had
the appearance of having been lanced previous to witness
seeing the deceased. Saw no bruise on the back of the
head. In my judgment the bursting of the blood-vessels
were the immediate cause of death, and witness would
imagine their rupture was caused by a fall. Thinks a fall
in a scuffle would occasion such a rupture.
Cross-examined by Mr. CLARKSON-Was examined on
a former occasion,: and then said that he saw no external
violence. The rupture was occasioned by a fall. There
was a slight bruise on the head. Heard Mr. Cox say in
his examination on the former trial that he found a bump
raised on the head by the blow of a weapon, which,
though he could not see it, in consequence of the hair,
yet could feel it with his finger. In my opinion there
was no bump. Witness is not a Member of the Colle.:e
of Surgeon.. Witness never practised on animals, but
his father is a veterinary surgeon. Witness bled the
deceased before Mr. Cox saw him, and took from the
temporal arteries until the blood would no longer fhiv.
Also bled him in the right arm, and took two pints at first,
and in an hour after took about ten ounces more. Witness
took 66 ounces of blood from the deceased within four
hours on the same day. Witness also applied five leeches,
and t‘.,ey took about two ounces. The deceased was bled
the neat day, but not by witness. Will swear that the

deceased did not come by his death in consequence of
How from a weapon..,
Frederick 'napkins examined by Mr. CitaswEtt.-"
Witness is a cartnsn, residing at No. 1, Middlesex iklen
Marylehone, and was present at the fie ht on the 9th
July last as a apt crator, and saw several rounds fought'
The fight was between Edward Thompson, the deceased'
and Michael Murphy. The prisoner at the bar was pre;
sent and acted no farther than as the brother of MOO'
Murphy, except that he did something that he ought
to have done. The fight to the third round was fair, 11°1;
after that the deceased appeared to witness to be the br''
Man. Cannot say who was Murphy's second. Thoto6
Reedie was one, hut the other was unknown to witnes6:
After the third round there was not, by any means, frilr
play to the deceased, not by the seconds, but by the court'
titude of Irish who stood round. They pushed to the
top part of the ring, which is the highest part of the
ground. Murphy wished to give in, and be did in fact gives
twice, as witness considered at the time. At the o'2;
Reedie was wiping Michael Murphy's face, during "; lb,
fight. Michael looked to the prisoner, his brother, st:,,
said, in a 'aint voice, " I shall fight no more." I'2:
pris,ner stepped across his knee, and smacking his loo"
together, said, " Hallo ! you have enough in you yet t°
beat two such as him ; you shall fight." Witness 01
said to Thompson's second, " Now the fight is yours']
and witness was knocked down, and lost sight of severs
rounds in consequence. At length witness saw the la:1
round but one, when the men seemed as fresh apparenril,
as the first round ; and the last round they both rough'
manfully, but were exhausted ; but it appeared to roe t°
he more by the pressure of the crowd ; when Murphy
hit Thompson a blow on the head, which occasioned the
fill, in consequence of Thompson's exhausted state, he
fell back on a turf of grass, and the fight ended. Witsc°
assisted the sec,,nds to remove Thompson out of the rine.i.
Cross-examined by Mr. lionxix.—Witness took
persons in his cart to the fight, but has not attende
more than three prise-fights within the last two yes°.
Never was charged with stealing dead bodies, nor
anything else. Cannot say how long the fight lasted'
Blows with sticks might have been struck without witness
seeing it. Witness considers the deceased was struck with
something like a stick before the blow from Murpbft
which was the last which knocked him down.

George Long, examined by Mr. Ce.xswEr.L.—le
farrier, and was present at the fight at Whetstone. Se°'
the prisoner there acting as second to his brotber,
Michael Murphy. The fight was not what is termed •
fair fight, in consequence of the mob breaking in a..
ring. Thompson seemed to lie the best man. The
who broke in the ring had a great many sticks with their'',
Witness saw the list round, during which, the &veal,'
was kicked in the groin by a man named Mullany. 1:i
the second round Thompson was struck on the back a
the head by Mullany during a scuffle at the right hao
corner of the ring. The b'ow was struck with a bleo:
thorn stick. Mullany was tried for this. and acquitted'
Cross•examined by Mr. CLARKSON-The deceased, It'
the last round, was knocked down by a throw and not bi
a blow. The seconds on both sides conducted the fight
fairly.

William Sutchbury, examined by Mr. CitEswlLL"'"
Witness is constable of North End, Finch!ey, and
present at the fight on the day in question, and thought
the first six or seven rounds as fair a fight as possible, sod
after that saw the mob flourishing sticks about the ear
batants at one end of the ring. Witness did not use l"‘
authority because he was alone, and the mob was
numerous and violent. Went with intention to stop Ike
fight, with his staff and handcuffs in his pocket, but It
was impossible that he could have succeeded against 0411
a mob.

Cross-examined by Mr. Bormw—Saw no blow with
stick given to the deceased in the second round.
Martin Hussing was called, but did not answer. a
Mr. CRESWELL then informed the Court that be cool"
not carry the case further.

The prisoner, in his defence, said that he had endev
voured to persuade his brother not to engage in the gib!'
but to attend to his work; but his brother declared b`.
determination "to try which was the better man," °
Thompson had so often insulted him. The prisoner,
added, that he had shown every attention to the decease'
after the battle terminated, and protested his entire it,"°'
cence of the charge alleged against him.
Thomas Reedie examined by Mr. CLAaxsolbs--W°
present at the fight, and acted as one of the seconds t"
Murphy. The prisoner did not act at all. Ray was Sba
other second. Witness was tried and eonvieted of the
manslaughter of the deceased, and has suffered tvr°
months' imprisonment. The prisoner never troubled bins'
self with his brother during the fight. Never heard higi
say to his brother " You cr. beat two such fellows." jl
was a fair fight as far as the combatants were concernetft
but the ring was broken in, and it was not possible 10
kee) out the mob, many of whom bail sticks.
Cross-examined by Mr. CRESWELL—MicbaeI Morph/
nevi r expressed a wish to give in. Did not see the witnes.
Tomkins knocked down.
A host of witnesses gave the p-isoner an excellent cbs'
racter fit kindness and humanity.
Mr. Justice LITTLEDALE charged tbejury at some lengti" •
recapitulating tie whole of the evidence.
The jury, give a few moments' delitieration, returned
verdict acquitilig theArisoner of murder, but finding biln
guilty of MansiaughtM

NE.W COURT.
(Before the Common Sergeant.)
Ann Townsend ivds ct9mAillrd of ate,shng a watcbt
the value of 21. the property of Joseph Evans.
•
The prisoner had been previously tried and acquitted
upon upon another indictment, charging her with a cite

offence.
The Jury was of opinion that the prisoner's huabtsila
was hnplicated in the transactions, so that she was reatNlP''
mended to mercy.
The Learned JUDGE intimated that, under all the eir,
cutnstanees, the sentence would be a lenient one.
George Ritson was indicted for stealing a bashetl
containing copper coin of the value of 55., the propel °
Robert Porter.
William Putter, an intelligent little boy, seven year'
age, stated that, on the 9th of November, he was taking
care of his father's cart in Spica!fields mat ket,
when the
prisoner came and said Mr. Potter wanted the basket:
which witness delivered to hint, with its contents, vi.iS"
which he ran away.
The witness was subjected to a rigid cross-examinati°ll
as to the identity of the prisoner, but he declared On
be the man.
Samuel Frost witnessed the transaction, and confirrota
the little boy's testimony.
•
The prisoner, when ca led upon for his defence, denied
the robbery, but called feveral wi nesses to speak to h's
character, and some to fact.
The Commoti SERGEANT summed up the evidence, arid
The Jury returned a verdict of Guilty.

The following are extracts from official re'
ports of General d'Uzer, Commandant of Bona 0°
the 3d of November, General d'Uzer n 1 .de a reconnoie
Fance in the direction of Constantino. He advanced with
seven hundred horse and four cannon as far as Sidi Ant'
mar, near Achoura (Serviliana), ten leagues from Boos.
The road he took is good, and at two points only did the
artillery meet with any difficulties, and these were coil);
got over. It appears that the remainder of the road all
the way to Constantino, is very good. This reconnoissance'
which exhibited our troops to the tribes situated at the
foot of the mountains, led to the discovery of new riches
in this most beautiful province. The country is divided
into productive meadows and woods of olives and myrtle,
interspersed with cultivated fields, rendering abundant
crops of most excellent corn. Nothing equally fine has
an yet been seen in Africa. The Sheiks of Ouled Bo°
Aziz hastened to present themaelven to General d'Uzer, On
his making a halt near Achoura. They offered hint
refreshments, which he accepted, and invited theta t°
p irtake of with him. On his return, the Sheiks acconl
ponied him for a league. During the whole of this long
march, not a single accident occurred. The reception
given to our troops shows that the confidence of the
Arabs is widely increasing. General d'Uzer receive'
daily proofs that they are well disposed towards tie'
The condition of those who are under the pro-
tection of the garrison of Bona, has induced others
to desire to be placed under the dominion of the
French. They see, in fact, the whole plain near the
town covered with the tents of the Karesses, the Ichaonel'
and the Bsni Urgins, and the tribes peaceably cultivating
t mit- fields, and reaping the fruits of their labour. They
know that the Arabs find a ready market for their prov-
nions at advantageous prhniecoetcso,omnanlpyda,roifis
ttirhe'liceseliisvttYiantagenodf pj hourlyursotsi ;Pe:: prosperity and the tyranny and cruel.), f t
Bey of Constantina leads them at once to submit then"
selves to the rule of France. The intercourse thus
established with the tribes in the environs of Bona prrrre
various sorts of corn, cattle, olives, oranges,
mises immense future advantages to commerce.
noo
nu fact,r
theypo w theiner
k buts.i
eovetf: oursie:e
Inub e
and grapes, form an inexhaustible source of prosperity.
There is also a supply of fine hors.ts, as very lowprices,
tor the cavalry and other purposes. —Galignant's
senyin

BEAT

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r.
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e basket'
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idi Ael'
n Boos.
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re easily
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Assoc!,

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receives
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e pro'
others
of the
ear the
:haoua
:jesting
. _