The Sun.
London, England, 1834-10-02 00:00:00

COURT OF COMMON COUNCIL.

Yesterday a Court was held, by summons from the Lord
Mayor, in consequence of the opinion of the Recorder and
the Common Sergeant that the offices of City Solicitor and
Secondary in the same person were incompatible, and could
not be legally held.
The RECORDER. repeated that lie entertained the opinion
which he had given to the Lord Mayor, in conjunction with
the Common Sergeant, that the two situations could not
be legally held together by the same person.
The LORD MAYOR had requested Mr. James to attend,
and state whether any difficulties occurred, or were likely
to occur, to make it expedient for him to resign the pro
tem. appointment.
Mr. JAMES could not wish to incur any responsibility by
acting as City Solicitor for his own sake, as well as for the
sake of his fellow-citizens ; but nothing had as yet arisen
which was at all likely to cause the least difficulty, and he
did not see any probability of such an occurrence.
Mr. TYARs thought there was no occasion for any change.
Then there was some reference made to the period at
which the Report relative to the clerks and officers might
be made, and it was intimated that the Report might be
expected in ten days.

-The Loan MAYOR said the Town Clerk knew that he
had appointed the Bth and 9th of October for Courts in
order to clear the paper of business, for it was his determi-
nation to leave nothing upon that paper unperformed if be
could help it ; so that if any matter remain unaccomplished
in his mayoralty, it should not be his fault.—(Hear, hear.)
With respect to the calling of the Court on that day, if he
had not assembled it, he would have been liable to their
censure.

The RECORDER held in his hand the Ist of Henry V.,
cap. 4, which was conclusive of the opinion that the offices
of Secondary and City Solicitor in the same person were in-
compatible. The Learned Gentleman then read the sec-
tion, and commented upon it with very great clearness.
Mr. C. PEARSON said that, as it certainly could not be
expedient that Mr. James should permanently hold both
offices, it was perhaps immaterial to consider whether it
would be legal or not ; but as the learned law officers of
the Corporation had pronounced the temporary appoint-
ment of Mr. James to be illegal, he should take the liberty
of asking those learned individuals whether, in construing
the Acts of Parliament relating to the question, they had
considered that the clause of the Act read by the Recorder,
which referred to the Under-Sheriffs of counties, referred
to the city of London also, and whether the City Solicitor,
acting in the City's business only, must be considered as
precisely in the same condition as attorneys in general ?
The RECORDER certainly did think that both the Under-
Sheriffs and the Secondaries of London and the City Soli-
citor were bound by the same obligation precisely which
regulated the corresponding officers in counties, and that if
the Learned Gentleman himself who asked the question
were to practise as an attorney during the year he would
find, to his cost, that his appointment as Under-Sheriff was
included in the statute of Henry V., which regulated these
matters.-( Laughter.)
Mr. C. PEARSON was obliged to the Recorder for his
tender consideration, but begged leave to say that he con-
sidered himself so much within the excepted clause in the
statute that if any gentleman should require his services as
Under-Sheriff for a second year, he should not be afraid of
the penalties.—(Laughter.) Mr. Pearson then read the

statute by which the Corporation of London were entitled
to appoint a City Solicitor who was not attorney at all. It
was a privilege only enjoyed by the Crown and the Corpo-
ration of London. If ever the question should arise whe-
ther the two offices could be held permanently together,
the construction of these two Acts would be ingredients in
its consideration ; but as there was no intention on the part
of the Common Council to act in such a foolish and incon-
sistent manner, the members had better go home and leave
the affair where it was, before the wisdom of the Court of
Aldermen was put in motion to call them together, as (in
imitation of a Noble Lord speaking of a very similar as-
sembly) they stated it to be to correct the absurdities of the
Court of Common Council.—(Hear.)
The RECORDER again rose, but the LORD MAYOR (a,
our reporter believed) said there was no question before the
Court, and the Learned Gentleman sat down.

I {Mr. James remains City Solicitor pro tem.

COURTS OF HUSTINGS.

Mr. C. PEARSON moved that the City Solicitor should
take the opinion of the law officers whether the attendance
of the Sheriffs weekly at the Hustings' Courts might not
be dispensed with.
The motion was seconded by Mr. T. WOOD, and unani-
mously adopted.—Adjourned.

POLICE INTELLIGENCE.

MANSION-HO USE.

Bennet, the owner of a Greenwich stage-coach, was sum-
moned before the LORD MAYOR under the following cir-
cumstances, by a gentleman named Gale :
Mr. Gale, a few days ago, as he was driving his chaise, in
which his wife, who was pregnant, was seated with him,
down King William-street, near the Monument, saw
coming behind him at a rapid rate a Greenwich stage-coach.
There was a string of vehicles before him, and there was a
stop caused by a waggon in the line. Witness saw that his
chaise was in great danger, and desired his wife to keep her
seat. The coach-horses dashed against him, and if the
traces had not got entangled with his chaise the latter would
have been completely turned over, and the result would
most probably have been fatal. He was deprived of his
senses by the concussion, and his wife was confined to her
bed on account of the shock she received. In fact her
medical attendants did not know what might be the result.
Mr. Pointer, of Northumberland-gardens, was in a
chaise immediately before that of Mr. Gale, and witnessed
what had occurred. He had been in the habit of driving,
for thirty years, and knew well what driving was, and the
danger to which Mr. Gale and his wife were exposed was
imminent, and arose from the careless rapidity with which
the stage-coach was driven.

The Coachman said that his reins had accidentally bro-
ken, and he therefore lost the controul of his horses, and
that the thing had been exaggerated.
The LORD MAYOR said that the charge was a very se-
rious one, and he should adjourn it until the fate of the
lady should be known.
Sarah Smith, the servant of a decent woman, who has a
milk-walk in Aldgate, was brought up, charged with having
assaulted a poor simple Irish girl, named Norry Deary, who
keeps a coffee-stand in Aldgate.
The Complainant, whose appearance excited great corn-
misseration, for her cap had been torn from her head, her
hair was hanging over her face, her nose was bleeding, and
her eyes were gushing with tears, stated that she had been
in the habit of dealing for milk with the defendant at an
early hour every morning, but that she ceased to do so upon
hearing that the young woman did'nt act honestly to her
mistress. Complainant thought it to be her duty to go to
the mistress, and tell her that the defendant had supplied
her, and the consequence was that the defendant attacked
her in a most desperate manner, and beat her senseless.
A bricklayer's labourer, named Paddy Murphy, here said
" Plase your Lordship, I hope you'll hear an honest man,
that knows neither one nor t'other of these people."
The LORD MAYOR—Yes, I shall hear you ; but I hope
you speak nothing but the truth.
Paddy—Oh! then it's I that will. What would I tell
lies for? My Lord, here goes. By the virtue of my oath
it was no other nor the Irishwoman that struck the first
blow. -I was there all the while, and they had a bit of a
quarrel about a sup of milk, and " Take that," says Norry,
and she does no more but she gives this young woman a
clink right in the eye. That's the truth, by the virtue of
my oath.
The LORD MAYOR—And so this young woman was the
sufferer after all ? Paddy—That she was, your Honour.
Norry tore the cap and bonnet off of her head, and pitched
into her right and left. For my part I don't know the
she could stand such a pummelling."
The LORD MAYOR—And didn't you endeavour to part
them, my good fellow ? Paddy—To be sure I did, but it
was impossible to drag her off.
The LORD MAYOR—WeII, but your countrywoman
must have got something in the engagement ? She appears
to me to have got off but badly. Paddy—l don't know
how that was, your Lordship, but I know she fought like
the ---.

The LORD MAYOR—How then does it happen that she
is without cap or bonnet, and that she appears so much
beaten ? Paddy—God bless your Honour, she tore her
own cap and bonnet in pieces.—(Great laughter.)
The Loan MAYOR—But how does it happen, if she tore
the cap and bonnet of the woman at the bar, and beat her
so dreadfully, there is not the least appearance of anything
of the kind? Paddy (looking down, and shaking his head)
—ln troth I don't know anything about that, your Lord-
ship, but I know I spoke nothing but the truth.
The mistress of the defendant said that the Irishwoman
called upon her and told her enough to convince her how
she was robbed. While they were together the defendant
walked up and attacked the poor creature, who never at-
tempted to resist, with the greatest fury, while witness
called in vain for the police.
•
The LORD MAYOR—WeII, defendant, what have you to
say ? The defendant (who laughed as Paddy was telling
nothing but the truth) said—l say as this here gentleman
(pointing to the bricklayer's labourer) says, she pitched into
me first, and what was I to do but to pitch into her ?
The LORD MAYOR—But he says that you didn't strike a
blow, and that she did herself all the mischief.
Defendant—So she did.—(Laughter.)
The LORD MAYOR—Very well. You have made a most
cruel attack upon this poor harmless girl, who is endea-
vouring to earn an honest livelihood, and who has checked
you in your thieving practices. You must find bail, and I
caution you how you bring forward this respectable witness
on your part, for I shall take care to be present on your
trial.—(Paddy sneaked out of the Justice Room.) I don't
expect to see him any more, except perhaps at that bar.
The mistress of the defendant said that she would imme-
diately take the poor Irish girl into her employment.
The LORD MAYOR—That determination does great
credit to you, and am sure when the humane people of
Aldgate find that you have done so benevolent an act they
will not forget it to you.
The defendant was then committed in default of bail.