The Sun.
London, England, 1851-05-15 00:00:00

Mr. AIARTIN submitted that the plaintiff was
titled to a verdict on the first issue, in respect to tuii
crates and boxes which were not included in the list °
articles in respect of which money bed been paid int°
court. 'The bankrupt had sworn that the boxes wed
i
worth 103. each, a,,d the crates Is. 6d., and ho elstreeal
a verdict ror the %eke of those articles.
Mr. Sergeant SHEE obj, erect.
Lord CAMPBELL —I certainly think Mr. Martin je
eight. In strict law he is entitled to something for the
b xes and elates, and it is for the jury to say what ttle
amount shall be.
I The Foreman—The jury think 10s. will be sufficieet
for the le xes end crates.
Mr. MARTIN said the verdict of the jury was virtually
for 401 10.. end would early costs.
Lord CAMPBELL—W, no; there are two separate
verdicts on two ditt•rent issu s.
Verdict accordingly for the plaintiff for 10'. on the
first issue, and for the defendants on the second.

Is
pl,,
ttERIFF:N' COURT —( THIS DAY)
(ti, fore Mr Under S.,eriff BURCLIELL.)
1110RuGOOD V EWEIsS
The plainiiff in This action is a billiard-table keeper.
in Grutton-stieet, Gs)wer-street, and defendant was for'
welly a btudent at the Univer*ity College. and the
notion was brought to recover the sum of 31. 103., for
he hire and use of the billiard board'.
Mr. Braoshaw, the high-constable of the Holborn
eaN called to prove the licence to the plaintiff;

The Learned UNDER• SHERIFF held that it was not
trecebstry to do so, tor alth,iugn the plaintiff might be
liable to certain penal:i. a fir allowing the play with"
out being Ito. rie:l, yet h 4 was writ 'mate that there was
any la. t, prevent him !ruin recovering fur the use 01
h tuhk.s.

Edward Kerrisdn, the marker, was called and proved
tau defendant was in the habit of playing daily, two or
three games a day, from Jsi,uary to June, 1847, but the
had been kept so imperrrctly that the witness
could not state how many games had been played. The
prig charg.d was 6,1. per game.
The UNDER4•IIERIFP said that the plaintiff WO.
clearly entitl.d to be paid for the use of his table. It
b ea clearly proved d.fendant had used the board,
and he hud not pleaded payment, the only plea on the
ere rd being that he was never indebted. , Ou this evi-
d../ cfl, it. was entirely for the jury to say what amount
had b. n proved.
The jury gave a verdict for the full amount claimed.
The other oases were undefended.

CRIMINAL CtiUKT.-cTHIS DAY.
OLD COURT.
(Before Mr. Commissioner GURNEY )
ESCAPED ('oNVICT.—Char/es Fletcher, aged 26, do-
:ceribed as a labourer, pleaded guilty to an indictment
charging him with lelonieusly being at large before the
expiration of a term for which he had been sentenced
to be transport( d ; end as he was recaptured in the very
act of committing another robbery, the Court sentenced
him to be Ira, sported for We.
John Marti 1, al as Smith. alias Rain, aged 25, do-
-crib,cl as a carver. pleaded guilty to an indictment
ch,ogieg him with feloniously being at large in the
parish of St. Merylebone before the expiration of the
t. rill for which he had been sentenced to be transported;
but in this case, instead of returning to his old courses.
It appeared that the prisoner had been following a hooch
triode of livelihood siLee his escape, and his punishment
therefore was commuted to 10 years' transpoitation.
(Befit) Mr. Baron ALDEUS,.N arid Mr. Justice TAD'
FutTUD )
14 inder Frederick Judd, av,(119, described as a egg@
maker, was ilidieted tor the wilful murder of his own
fat er. The prix. ner pleach,d not guilty.
Mr. Bodkin appeared for the pr,secution and Mr.
Ballantine for the defence.
The Learned COUNSEL far the prosecution having
riefly opened the case to the jury, proceeded to call the
tut wig, witnesses,
William Rice—l am a cabdriver, and reside at N°'
2, Garden-tux, et,
where the deceased lived w ralin e
ethe prisoner.
two rooms in the house. I occupied the lower part and
r; 'that
are
the prisoner and the deceased lived up stairs. I reeol..
let the 12th of April. Between eight and nice o'clock
Viet morning I heard a scuffling up stairs. It continued
abut two minutes, a• d ten I he ird a sort era moan•
l'he p, isoner came down aril went into the yard and re-
turned up sruirs again. He remained a minute or two
and then came down end vent out altogether. The de-
ceased th n came down, and I saw that 'hp right side of
his fa.,e was all over blood. I then went up stairs
aid found the room and the bed ad over blood.
There as, a short broken stick there, and upon examin-
ing it I discovered that it was stained with blood.
There was also a poker, bui there was no blood upon
that.

Cross-examined—l did not speak to the deceased
when he came down, but my wile went out after him.
The state o 7 the room inuicattd that there had been con-
siderable sti uggle.
Sarah Roe, the wire of the last witness, stated that
she saw the deceased go out. His he.d was covered
with blood, and she went out and assisted him along the
street.
William Parkinson—l am a police constable, and I
was called to see the dp coast dat the hospital. I after-
wards went to his residence, and found the night-
cap, which I now produce. It is very much stained .
Loo, another police constable ,stated that on the
mw:M,trhnsibinki of the 14th April the rt oner came to
the Wes nainster station. and gavephismself up. Ha
said his lather brought i
wahsicr.haßrogDeKdiNwith assault'and
re-
lative to u stns,
first examination wounding his father.
I mg .
s pro() se( to Mk the witness question
[pent which the prisoner made upon his
Mr. BALLANTINE objeated to this. The statement
ought to hay. been tseuroed on the depositions.
Mr. Baron ALDERSON said it certainly ought; it was
an unPird..nable omission on the part of the magistrate
ur his clerk.
The statement which the prisoner made on his second
examination, and which was taken down in writing, was
then pr, in. Ic was simply this, "All I have to say is
before
the
mt
aagi-iistruapteu.n himself.
He
that it was done quite accidedtal."
Mr. Moore—l was the house-surgeon at the time the
deceased was brought to Westminster Hospital. I ex.
aminnd him, and found on the right side of his head a
heath was broken. There was a smaller wound of
wound fur inches and a half long. The bone under-
about an inch and a quarter, just below it, and a third
extending from the right cheek bone towards the
eye. The bones of the nose were broken on the
left side. There were other minor injuries ; tho
lower right jaw, for instance, was broken, and one of
the hands was severely bruised. There could not have
been less than three blows struck, there might have
been four. The injuries were such as might have been
produced by a poker. He remained under my care for
a fortnight, and then he died, and from an examination
that I subsequen ly made I bolieva his death resulted
from the hrger wound on the head.
Cross-examined—l asked the deceased how it hap-
pened, aid be said he did not know, as he was in bed at
the time, but be always showed a reluctance to saying
anything upon the sub! ct, and be died without giving
any account of the quirrel.
Tots was the case for the prosecution.
Mr. BALLANTINE then addressed the jury for the de-
fence, anti coetemied that though he could not resist the
minor charge of manslaughter, he must most solemnly
murderprotest npon the
sireprisoner
of
feing convicted of wilful
thebeen adduced for the preseeution. evidence which had
The Learned JUDGE summed up, and the jury, with-
out hesitatien, felled the prisone'r Guilty of manslaughter
only.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prno4 at 14 estminster, belle the LORD
CHIEF JUSTICE and a Common Jury.)
GEDDES V. WHITMORE AND OTHERS.
This was an action in trover to recover the value of
large quntity of china, glass, and linen, which the de-
fendants, as official assignees of a bankrupt,:had seised
and disposed of by public auction.
l‘lr. Sergeant Wilkins, Mr. J. H. Hodgson, and Mr.
Richard Martin, appeared for the plaintiff; and Mr.
Sergeant Sheo and Mr. Grady conducted the case for
the defendants.

The damages were laid at 6001. There were two
pleas—not guilty, and the payment of 401. into court.
Mr. Sergeant WILKINS, in stating the case, to the
jury, said the plaintiff, Mr. George Todd Geddes.
held a situation in the secretary's department of
the Pest-office, and previous to proceeding abroad,
in 1843, deposited with Mr. shooter, who then kept the
Bull lon, in Eishopsgate-s'reet, three boxes and two
crates containing valuable china and glass and also linen,
under an sign ement to pay Is. a week for rent or ware-
house rot en. Some time afterwards Mr. Shooter re-
te.ived to Camomile street, taking the goods with him,
and in 1847 became a bankrupt. The messengers of the
Court took possession of these geode, and
d of them, together with the bankrupt's
for ati ifling sum. Oa the plaintiff returning home, in
1850, he soon ascertained what had taken Ore
in his absence, and applied to the offieial 1194,i
uses for compensation for the loss be l';,„
property,
sustained, but the amount they ()tiered to Rive
was wholly inadequate to cover the value of the
property. Many of the articles were of a very
character, one article alone being worth 501. The
Learned Sergeant, in conclusion, contended that the sign
which had been paid in court, 40/ didnotrepresent
third of their value.
Evidence having been given to prove the above WM,
Mr. Sergeant 6REE admitted, on the part of thede-
fendants, that trey were responsible for the geode which
need come into their hands, but contended that the Pisltti
superior
tiff had adduced no evidence to show that they were
the
messenger alleged value, or that when they were seized by
messenger they were in the same condition as when thef,
were first deposited wirh the bankrupt. He should Prt
that nearly all the packages had been opened, and the
contents broken or damaged, and it was very probable
that during the plaintiff's long absence some Articles
might have Leen stolen. When the official assigpeea
t. and that the packages were not the property of the
bankrupt they inserted advertisements in the nelll-
- arid did every other thing in their power to t_AO-
- the owner to claim them, and failing in dregs bp°
adopted the only course open to them, and sold shear
tents by public auc.ion.
Witnesses were then called by the Learned Counsel'
and they stated that the china and glass was very much
broken and damaged, and the linen in a perished state
when the messenger seized the bankrupt's effects, and
that they brought a fair price at the sale.
Mr..HopcsoN replied in a lucid and able address; pad
Lord CAMPBELL having bri, fly summed up the 01`.
deuce,
The jury returned a verdict for the defendants, so
said they were of opinion that the money paid into
court was sufficient.