The Sun.
London, England, 1834-01-28 00:00:00

COURT Or KING'S BENCH, JAN. 27.

CRIMINAL INFORMATION.

Mr. HILL moved to file a criminal information
against a magistrate of Nottingham, for illegal con-
duct in the exercise of his magisterial duty. The
affidavit on which the application was made stated
that a poor man, named Edward Dennis, in August
last went, without any evil intention, on a piece of
ground belonging to a Mr. Clark. He was there
surprised by the gamekeeper of a Mr. Phillips, who
laid an information against him for a malicious in-
jury. He received a summons from the magistrate,
and when he appeared before him no person was
prepared to prove the owner of the ground had
sustained the least injury. The magistrate, how-
ever, called him an old offender, and added that
there was a statute which would bear hard against
old offenders. He then fined him 3/. and 19s. for
costs. Having no money to pay, he was taken
away by the constable, and kept in custody.
He then sent to be allowed bail, and the
magistrate, who had not told him he had a
right to appeal, ordered the constable to keep
him in his own house till the morning, and if
the "fine was not then paid he was to be
taken to the House of Correction. The man
raised the money amongst his friends, and some
days after went with his attorney to Mr. Clark, the
owner of the ground. The latter said no part of
the fine had been offered, and if it had he should
not have taken it, as no injury had been done to
his premises. The gamekeeper also admitted that
the damage did not amount to Id. Some time after
the Magistrate issued a search-warrant for the pur-
pose of seizing poison, which it was said Dennis
had purchased to poison dogs in his (the Magis-
trate's) kennel. The house was searched and no
poison found. Dennis, after that transaction, met
the Magistrate on horseback, and the latter rode up,
flourishing his dog-whip, and accused him of at-
tempting to poison his dogs. He said he had in-
formation, and would have him tried at Nottingham
and transported, if it cost him 1,0001. The man
who, in consequence of poverty was allowed by the
parish of Sutton Ashfield to inhabit a small cottage
without payment of rent, was told by a constable
in November last to deliver up the cottage to the
Magistrates. He went to the overseers, and they
said they had no wish to turn him out. What
they had done was at the instance of the Magis-
trates. If he (Dennis) could make it agreeable to
them, they should have no objection to his staying.
The Learned Counsel went on to state that the
Magistrate, for some reason which did not appear,
had suff:red great irritation to take possession of his
mind, and had acted contrary to law.
- -

. _
The LORD CHIEF JUSTICE—Was he turned out?
Mr. HILL—No.

The LORD CHIEF JUSTICE—Has anything been
done since November? Mr. HILL—No, not since
November ; the first transaction is most outrageous.

The LORD CHIEF JUSTICE—Very much so, but
when the thing occurred in August it is hard that
the party accused cannot show cause against a cri-
minal information before April.
The COURT were of opinion that the application
was made too long after the matter occurred, and
refused a rule.

COURT OF KING'S BENCH.

OPPY V. LORD DE DUNSTANVILLE.

In this case, the particulars of which we gave
yesterday, but which was not concluded when our
paper went to press, the rule was made absolute.

COURT OF BANKRUPTCY, JAN. 27.

(Before Mr. Commissioner EvANs,)
JAMES COCHRANE's BANKRUPTCY.

A meeting of the creditors of this bankrupt, a
bookseller and publisher of Waterloo-place, Pall-
mall, was held to-day for the proof of debts and the
audit of the accounts, preparatory to a declaration
of a dividend.

The solicitor to the fiat, Mr. TAYLOR, had to
request the opinion of the Court on the following
claim, which involved a question of some importance
to creditors under bankrupt estates who might be
placed in circum4tances similar to the present
claimant. Mr. B. West claimed to prove for about
1601. on bills of exchange accepted or indorsed by
the bankrupt, which he held as security. One of
those bills for 181. the claimant had lost. The
creditors were not desirous to press too hardly for
the production of the bill, but they wished to have
the direction of the Court as to the right of Mr.
West to prove for the whole amount of his claim.

Mr. Commissioner EVANS said as the bill for 181.
had been lost that amount must be deducted from the
sum for which Mr. West wished to prove.
Mr. Thomas Roscoe, editor of the Roscoe Nove-
lists, appeared to prove for 301., being the balance
due to him for preparing memoirs and editing the
work just mentioned. The agreement between the
claimant and the bankrupt was that he should re-
ceive 2001. per annum for editing and preparing the
novels for the press. For the memoirs he was to
be remunerated separately, they being original
compositions.
.. _

The proof was allowed.
Mr. George Cruikshank, the celebrated comic
engraver, proved for the balance of an account due
to him by the bankrupt.
The inquiry into the claim of Mr. Colin Mac-
kenzie to prove for a balance of 4.57/. for his services
in writing and preparing for the press the Parlia-
mentary Pocket-Book was then resumed.
Mr. Cochrane was examined—He had paid to
Mr. Mackenzie a bill, dated in March, 1832, with
the understanding that that was to be a, final settle-
men►, and the balance that should be paid to the
claimant for the work referred to. The bill was the
exact amount of the balance due at the time it was
dated.

Mr. Mackenzie said the bill was given by the
bankrupt on account, and that no final settlement
had taken place. It was stated in the bill that the
money was paid for his services in preparing the
Parliamentary Pocket-Book, but it could not be
supposed that he was to have no more for such a
work as he had been engaged upon. The words
referred to were inserted to show that valuable con-
sideration had been given for the bill; that it was
not an accommodation bill; and to keep it separate
as to payments from another work in which he was
interested, viz., the Young Muscovite.
The COMMISSIONER considered the evidence given
by Mr. Cochrane was very conclusive, and as no
ev dente had been furnished by Mr. Mackenzie to
suimipor.rtThAiysicmlaßins-ia,iidt
tchoautldonnothte allowed.pbeartof t
lie
there was no indisposition to allow Mr. Mackenzie
to prove for 1001., in order to adjust the subject
amicably.

The COMMISSIONER recommended the claimant
to accept the offer, a; the evidence was so contra-
dictory, and the weight ofit against Mr. Mackenzie.
Mr. Mackenzie replied that he would use every
exertion to substantiate his claim, and had no doubt
he should be enabled to do so.
The COMMISSIONER, from the evidence before
him, had no alternative but to reject the proof.
Review. ‘l.
.Mackenzie should appeal to the Court of

The further proof of debts was then gone into,
but the amount placed on the proceedings to-day
was small. The first dividend, it is expected, will
be ss. in the pound. The amount of claims against
the estate are not accurately ascertained.

Sir Walter Scott, on lending a book one day
to a friend, cautioned him to be punctual in returning it.
" This is really neces.atry," said the poet in apology,
" though many of my friends are bad arithmeticians, i
observe almost all of them to be good bookkeepers.

USE OF COFFEE IN ASTHMA.—Coffee is
the hest abater of the periodic asthma that I have eeen.
The coffee ought to be the best Mocha, newly burnt, and
made very strong immediately after grindin; it. I have
commonly ordered an ounce for a dish, which is to he
repeated fresh after the interval of a quarter of an hour,
and which I direct to be taken without milk or sugar,
,sir John Pringle.