The Sun.
London, England, 1833-11-14 00:00:00

COURT OF KING'S BENCH, Nov. 13.

CUSTOM IN THE CORN-MARKET.—HAICT V. CHA-
RINGTON AND OTHERS.
This was a question to try a custom in the Corn
Market.
The plaintiff, through his agent, a Mr. Gibson,
sold to the defendant 280 quarters of barley for
1181., and according to the custom of the trade tw.,
months' credit was to be given. Before the expi-
ration of the credit Gibson received the money and
became a bankrupt, or stopped payment. It was
contended at the trial that the defendant, by the
custom of the trade, was not bound to pay the
money until the expiration of the two months, and
that, having paid it in his own wrong, the plaintiff
was entitled to recover. The Jury, upon all the
facts, found a verdict for the defendant.
The SOLICITOR- GENERAL obtained a rule to show
cause why the verdict should not be set aide and a
new trial had, on the ground that the plaintiff had
❑o right to receive money before the expiration of
the credit.
Sir J. SCARLETT opposed the rule. Upon the
general principle, Mr. Gibson having received the
money as the agent of the plaintiff, the defendant
could not be called upon to pay it again.
The SOLICITOR-GENERAL, in teply, submitted
that the vei diet could not stand. Upon the custom
of the corn trade the merchant was to give two
months' credit. The vendor had no right to call
oil the purchaser or the broker before the end of two
months.
Here the COURT interposed, and expressed an
opinion that the custom should be further inquired
into.

Rule for a new trial made absolute.
LIBEL ON THE EARL OF DURHAM.
The SOLICITOR-GENERAL ,novel for a rule to
show cause why a criminal information should not
be filed against the proprietors of the Durham Ad-
vertiser newspaper for a libel on the Earl of Dur-
ham. On the 11th of October there appeared in the
Durham Advertiser a paragraph to the following
effect :—" The Earl and Countess of Durham took
a drive in the neighbourhood a few days ago, and
had occasion to pass through the village of Phila-
delphia. A crowd of workmen assembled to play
the game of quoits. His Lordship's carriage was
somewhat obstructed by the persons who thus assem-
bled and stopped the way. The Noble Earl could not
brook the insult. He said I will riot suffer this inter-
ruption again; this village shall be rased from the
earth.' That this was not an unmeaning threat was
apparent by subsequent orders of his Lordship being
given to remove the different buildings." It ap-
peared from the affidavits that Philadelphia was
about three miles from Lambton Castle. It was
chiefly inhabited by pitmen in Lord Durham's ser-
vice, and there was reason to believe the paragraph
was inserted for the purpose of injuring him in the
opinion of those men, by representing that it was
his intention to remove the habitations of work-
men from the face of the earth. He (the Solicitor-
General) had the affidavit of Lord Durham stating
that the paragraph was utterly fills.. It was with-
out foundation. Neither himself nor the Countess
of Durham, since their arrival at Lambton Castle,
had passed through the village of Philadelphia. He
had only rode through the village on one occasion
with his brother, and neither in passing through
the said village, nor at any other place, was his
passag!impeded in the way stated in the paragraphs
nor did he ever at such place say, " I will never
suffer this again ; the village shall be removed and
rased from the earth." He gave no orders what-
ever respecting the village, as stated in the para-
graph, nor had he signified his intention to do so in
any other way.
The LORD CIIIEF JUSTICE—Take a rule.
The SOLICITOR-GENERAL—My Lord, I have also
to make the same motion against two other news-
papers, the Standard arid the John Bull.
The LORD CHIEF JUSTICE—The publication i
proved?
The SOLICITOR-GENERAL—Yes, my Lord.
The LORD CIIIEF JUSTICE—Take your rules.
TIIE KING V. JOHN MINTER HART.
Mr. PLATT moved for the writ of certiorari to re-
move an indictment for felony found at Hicks's
Clerkenwell, against the defendant into this
Court-. The defendant, with several others, was
indicted for conspiring to obtain by fraud certain
bills of exchange. A long affidavit made by the de-
fendant imputed to B. Rotch, Esq., M.P., gross
partiality upon the trial of John Palmer, lately found
guilty and sentenced to transportation. The de-
ponent also swore that the prejudice against him
was so strong on the part of Mr. Rotch, the Chat t-

man at the Middlesex Sessions, that he could not
obtain a fair trial in that Court.

The JUDGES granted a rule to show cause.
CARLILE V. DUNN AND OTHERS.

The plaintiff attended according to the directions
of the Court, with en amended affidavit, and was
allowed, on payment of costs, to have discharged a
rule obtained against him for judgment, as in case of
a nonsuit, for not proceeding to trial.

COURT OF COMMON PLEAS, Nov. 13.

CORONER'S INQUEST.

DEATH OF MR. TUFFNEL.

Yesterday evening, at half-past six, an inquest
was held at the Marlborough Head, Marlborough-
street, on the body of Mr. William Tuffnel, late of
the Audit-office.

The unfortunate deceased, it will be remembered,
was one of the parties engaged in the extraordinary
case of Mrs. Hampton, the wife of Lieutenant-
Colonel Hampton, of the East India Company's
service.

Mr. John Finney, of No. 14, Henrietta-street,
Cavendish-square, gentleman, sworn—l knew the
deceased very well, and had had that pleasure for
many years. On Saturday, the 19,h of the last
month, I received a letter from Mr. Tuffitel, de-
siring me to call on him the following day. He
alluded to some circumstances of distress, and made
some allusion as to the reports which appeared in
the morning papers of that day .I called on him at 19,
Princes-street, Hanover-.quare, and in consequence
of the distressed state of his mind, I invited h;m to
breakfast the following morning, to have some unin-
terrupted conversation. He accordingly came on
the Sunday, and remained with me all the day. He
was much distressed in mind, and was so ill in
health as to send for his medical attendant. He
expressed great anxiety to see his father, whom he
expected. He said that had he had a razor near his
reach on the Friday night he would have cot his
throw. Deceased remained at my house all that
night. He complained of having had no rest for
some nights previous. I went into his room last
about eleven o'clock at night, when the deceased
bade me a good night. At about four in the morn-
ing I was awoke by the breaking of glass, followed
by a loud noise. I got up and went to his room.
I found him sitting on the floor deluged in his
blood. I immediately called up the male part of
the family. The noise was very distressing, but I
do not know whether it was moaning from pain, or
whether it was calling for assistance.
Mr. John Probert, of New Cavendish-street,
surgeon, sworn—On Sunday, the 28:h ult., I was
called to the deceased. I found him dreadfully
agitated, and he complained of giddiness in the
head. I accordingly administered such remedies as
I thought applicable to his case, I took a cupper
with me when I went at night again, intending to
have taken blood from him if I had not found him
more tranquil. He expressed himself much relieved
on my second visit. I saw the deceased next in the
Middlesex Hospital, immediately after his arrival.
I found a very deep incision on the right side of
the neck, about four inches in depth. He was en-
tirely insensible. There was no pulse at the wrist
and in this state he remained the greater part of
Monday. On the following Wednesday he was
removed to his residence in King-street, Regent-
street, where I continued to attend him. The
wound went on favourably for about eight days,
when the bleeding broke out afresh. The main
artery was taken up, and he again went on for a
about a week, when it broke out again, and was
again taken up. The head was affected by the ex-
treme irritation which had been going on some time
previous to the wound being given. He was sen-
sible occasionally, with a little wildness, which showed
the brain was affected. Deceased became insensible
on Sunday, and remained so. I have this day exa-
mined the head of the deceased, and discovered an
extensive abscess in the brain, and a great deal of
water. The foundation of the disorder in the head
was general excitement, which must have occurred
some time before the wound was given. I am firmly
of opinion, that if he had never touched his throat
he could not have lived, in consequence of the ab-
scess formed on his brain.

By the CO*ONER—Deceased died from the dis-
order of the brain. It might have been accelerated
by the wound, but I should not suppose he could
have survived over to-day.
Juror—Did he say anything relative to the
wound ? Witness—He frequently regretted the
circumstance, but did not know what he was about
at the time, nor had he for days.

Mr. Humphreys—Did the abscess produce de,
rangement ? Witness-01), most decidedly. I
must have been sometime forming.

The Jury consulted together a few minutes, and
returned their verdict, that the deceased died a na-
tural death, from the abscess on his brain.

LIVERPOOL COTTON MARKET, NOV. 12.

—Sales of Cotton to-day 2,000 bales ; prices as yester-
day. A brisk business to-day in Manchester. No
stimulus given to-day by the packet's advices.

BRUTAL ACT.—Monday evening, as Ha-
zleburst, the keeper of a beer shop, in George street, was
playing at cards with his family, a soldier of the 2d
battalion grenadier guards entered the room, and wished
to join the►a in play ; he was refused, and in consequence
commenced threatening and swearing, and ffizlehurst
attempted to put him out of the house; a scuffle ensued,
in which the wretch hit off the ear of his antagonist, and
part of his nose.—Berkshire Chronicle.

We regret to learn that the brig Stqff of Life,
Captain Softley, which sailed from our harbour on the lst
instant, with a cargo of wheat, for Liverpool was loot in
the gale of Sunday morning, on Carnarvon Bar, and,
melancholy to relate, all hands periThed. Every exertion
was humanely made by the collector of Carnarvon to save
the lives of the crew, who were seen for a considerable
time clinging to the rigging, but to no effect. —Cork
Herald.

Mr. Heber's will has not yet been discovered,
although the most diligent search has been made for it,
both in London and at his house at Hodnet. We under-
stand it is ascertained that at one time there was a will,
and that one of the subscribing witnesses to the document
survives. It is now said this testamentary paper may be
deposited in his archives at Paris, or at one of his nume-
rous residences in the Low Countries, to which place
accredited and responsible agents have been or will be sent
by his sister, Mrs. Cholmondely.
- -

Louisa and Maria Chinnery, daughters of
the late Sir G. Chinnery, by his second marriage with
Alice Boyle, Lady Chinnery, who died last October, are
declared of unsound mind. Their brother, Richard
Boyle Chinnery, is likewise insane. The provision for
those females is 7,0001. each. The body of their de-
ceased mother has been closed up in a leaden coffin, and
has remained in their house in Dublin since the lst of last
month, the daughters having outrageously scouted eve!),
effort to inter her remains. Both young ladies were
fondly attached to each other, and highly accomplished,
previous to the dreadful malady which now deranges their
intellect.—Limerick Chronicle.

A most melancholy accident occured at Las-
borough Park, Glouce.tershire, on Wednesday week last,
to Mrs. Walrond, widow of the late Joseph Lyons Wal-
rond, E.q., who was sitting by herself in the library after
dinner and dozing, when her cap caught fire at the candle,
and in attempting to extinguish it her sleeves, and ulti.
mately her whole dress, were in a blaze, and before it
could be extinguished the unfortunate lady was so dread-
fully burnt as to cause her death on the following after-
noon. Mrs. Walrond was sister of Sir C. Bethell
Codrington, Bart., and mother of Bethell Walrond, Esq.,
late Member of Parliament for Saltash.— Gloucester
Journal.

" Don't talk so loud, man," observed the
Magistrates at the Devizes Petty Sessions on Tuesday, to
a person, who was making the hall ring with his voice.
" Don't talk so loud (reiterated the officer of the Court)
—the Magistrates be'ant deef !" "Ibe a little hard of
hearing," replied the man, at the same time raising his
hand mechanically to his ear, " and so it is impossible
that I can do any better."—Salisbury Herald.
SUICIDE.—On Friday last Miss Creak, a
young lady, the daughter of Mr. Creak, a highly respec
table pawnbroker, in Charlotte-row, Bermondsey, com-
mitted suicide in a fit of religious frenzy by hanging her-
self to the hook of a trap door at the top of her father'.
house. It appeared that latterly she had devoted her
thoughts very much to religion, and read works constantly
on divinity, and was very active in distributing tracts.
She contrived in the morning to send the servant out on
an errand, and during her absence committed the act
which terminated her life. An inquest has since been held
on the body, and a verdict of Insanity returne Mi s
C. was a young lady of very promising abilities, and much
beloved by all who knew her. To the poor she was a most
liberal benefactor.