The Sun.
London, England, 1851-11-07 00:00:00

NOVEMBE

LAW INTELLIGENCE.
J;,. OL, S° iil it Acv. u.
FLIGHT V. THE DUKE OF BUCKINGHAM

The suit in this case was instituted by Mr. Flight,
the plaintiff, on behalf of himself and all other judg-
ment creditors of the Duke of Buckingham, subse-
quent to the 27th of May, 1847, and registered be-
fore the Ist of May, 1850, the object being to enforce
payment of their judgments, and to set aside a deed
of conveyance by the Duke of Buckingham to his
son, the Marquis of Chandos, bearing date the 27th
of May, 1847, and executed, as the bill alleged, to
defeat the claims of the plaintiffs. The bill stated
that the Duke possessed large estates in England and
Ireland, some of them in settlement with a life interest
to the Duke, while over others the Duke had an ab-
solute power of appointment, and that there was also
large personal estate, the whole property of the Duke
being over 2,000,0001., and the personal estate
500,0001. The conveyance was made to the Marquis
on certain trusts, and, as the bill alleged, for no va-
luable consideration.

The plaintiff, Flight, it was stated, was a simple
creditor of the Duke, and obtained the Duke's pro-
missory notes for 21,0001. in all, and having brought
an action to recover this sum, after the date of the
deed, he obtained judgment, and now filed his bill
to have the benefit thereof. To this a plea was put
in, in which it was averred that the conveyance was
for good and valuable consideration, and made bona
fide, and that this was a sufficient bar to the whole
of the relief prayed, and to part of the discovery
sought, and an answer was put in covering the re-
maining part. The validity of the plea now came on
to be argued.
Mr. Elmlie and Mr. C. Hall for the plea. Mr.
Roupell and Mr. Rogers for the bill.
The MASTER of the Rolls postponed judgment till
Monday next.

COURT OF BANKRUPTCY, Nov. 6.
(Before Mr. Commissioner ETANS.)
IN RE SCHOFIELD.

The bankrupt, James Schofield, of Aldermanbury,
warehouseman, came up to pass his last examination.
The accounts, extending over a period of 10 months,
show the following :—Creditors, 610/. ; ditto holding
security, 42/. ; profits, 2691 ; liabilities, 331/. • defi-
ciency November 1, 1850, 322/. ; property taken by,
the assignee, 123/. ; proprty in the hands of credi-
tors, 721.; trade expenses, 97/. ; private expenses,
1631 ; losses, 881.

Mr. Linklater supported the bankrupt; Mr. Reed
appeared for the assignees, and offered no opposition.
The bankrupt passed.
(Before Mr. Commissioner FAKE.)
IN RE FOLLIT.

The bankrupt, W. E. Follit, of Chenies-place,
Somers'-town, carver and gilder, applied for his cer-
tificate. The accounts from the let of September,
1849, to July 25, 1851, show the following :—Cre-
ditors, 1,9761. ; ditto holding security, 313/. ; lia•
bilities, 4271.; profits, 1,2631.; surplus September,
1849, 420/ ; debtors good, 60/. ; doubtful, 5571.;
property held by creditors, 1311. ; trade expenses,
1,2521. ; rent and taxes, 501/. ; law expenses, 2051. ;
house and personal, 6601.; losses, 601/.
Mr. Lawrance supported the bankrupt ; Mr. Link-
later, for the absent solicitor to the assignees, offered
no opposition ; and
Mr. Moss, a creditor who opposed, said he had sold
bankrupt goods in February, taking a six months'
bill. The bankruptcy occurred in July.
The bankrupt, on examination by Mr. LAWRANCE,
said he had never sold any goods at auction-rooms ; he
had never sent goods to auction-rooms ; soma were
sold in the ordinary way, others under the execution.
He had made considerable alterations, as London was
becoming very full on account of the Exhibition ; and
he had great expectation of doing a very good busi-
❑ess. He had taken two cottages cut of London,
also, for the purpose of letting to the visitors to the
Exhibition.
Mr. LAWRANCE said he did not know if the time
had arrived when the Exhibition would be charged—
His HONOUR, interrupting—l suppose it made rail-
ways solvent, and other people insolvent.
Mr. LAWRANCE said the bankrupt had been in-
duced, on account of the Exhibition, to make great
alterations in his premises, and, on account of the
number of visitors to the Exhibition, he indulged in
the hopes of doing a greater business. With respect
to the amount of debts, it was a singular fact that the
bankrupt was only opposed by one creditor, his other
creditors having no complaint to make, and there was
no objection to his general conduct as a trader.
His Hosoux (to the bankrupt)—What did you
owe the National Linen Company 1521. for? The
bankrupt—For furniture for my cottages.
The COMMISSIONER—Then, this National Linen
Company are dealers in furniture ?
The Bankrupt—Yes ; I bought linen as well as
furniture.
The COMMISSIONER said there was no circum-
stance in favour of the bankrupt. Upon looking at
the accounts he owed about 2,7001., and he did not
produce for his creditors any property whatever, at
least only 71. had been received by the official as-
signee. His insolvency had been as decided as any
insolvency could be. After a seizure had taken
place a person had attempted to make him a bank-
rupt, and, instead of submitting to his bankruptcy,
as he ought to have done, he actually took proceedings
for the purpose of resisting the bankruptcy. So much
for his general conduct. With respect to the oppo-
sition by Moss, it appeared that the bankrupt took
goods upon sale and return. Moss became alarmed,
and entered into arrangements by which he obtained
a bill. Moss felt he was very much wronged, and so
he certainly was. There was no one circumstance in
his favour, as he had said, and, under the circum-
stances, it was his (the Commissioner's) duty to
postpone the certificate for two years from the date
of the bankruptcy, and he should withhold protection.
Upon the application by Mr. Lawrence for pro-
tection,

His tIONOUR said, if he should he sent to prison he
should release him within six months.

POLICE INTELLIGENCE.
HAMMERSMITH.
William Harris, aged 33, and Henry Round, aged
20, were charged with having on the 7th of October
last, feloniously shot police-sergeant Edward Earthy,
19, T division, and with stopping a gentleman named
Frederick Bashford on the Queen's highway, and pre-
senting a loaded pistol, and threatening to blow that
gentleman's brains out if he did not give up his pro-
perty ; the prisoners were further charged with steal-
ing a silver watch and gold guardchain, together
with a purse containing two sovereigns and three half-
sovereigns, on the evening of Tuesday, the 7th ult.,
shortly after that gentleman had quitted the Southall
station, on the Great Western Railway.
The prisoner Round was further charged with hav-
ing stopped Mr. E. Long, a baker, of the Uxbridge-
road, Ealing, on the Bth ult., and robbed him of four
sovereigns, two half-sovereigns, and about six shil-
lings in silver. To this person the prisoner presented
a loaded pistol, which was found in his pocket by the
police, and still loaded with two bullets or slugs.
Police-sergeant Edward Earthy, 19 T, was the first
witness examined, and, being very weak from the
wounds he had received, was accommodated with a
chair. The witness spoke in a low tone of voice.
He said:—On Wednesday, the Bth ult., he was at
East Acton, Middlesex. About eight o'clock in the
evening he met policeman Bayley in Acton-lane. They
proceeded together about 200 yards along the lane,
when he saw two men standing together under the shade
of a large elm tree. They (the officers) made towards
them, and, by the light of the moon,-he saw they were
both wearing black masks. He had received infor-
mation that a highway robbery bad been committed
on the previous day, and from the description of the
robbers, he suspected these men. Witness went up
to one of them, saying, " What have you there ?" and
at the same time pulled his mask aside. The prisoner
Round then placed a pistol close to his body and
fired. The ball or balls entered the left side of the
left thigh, and passed through into the right. The
prisoner held the pistol in his right hand, and in the
direction the shot was fired. He fell to the ground
immediately after he was wounded. He then beard a
wrestling behind, got on his knees with difficulty, and
saw Bayley scuffling with Harris, who was also on
the ground. The prisoner still held the pistol in his
right hand, and pointed it direct to his (witness's)
head. He called on Bayley to strike him, and he
struck him on the right hand, and the prisoner Round
seized the pistol by the left hand, and he could not
wrest it from him. The pistol did not go off. He
called to Bayley, the prisoner Round endeavouring all
the time to raise it to his (witness's) head. The pri-
soner Round escaped with the pistol.
By Mr. PAYNTER—I can swear to the tall man,
Round. He was not dressed as he is now. He had
a round jacket on over a Guernsey frock.
Police-constable Bayley, 150 T, corroborated the
testimony of the previous witness, and stated that on
the night in question he saw the two prisoners in
masks, evidently made from a silk apron, and having
a stiffening, with black tape to pass round the head,
and fasten at the neck. After the prisoner Round
had fired and wounded Earthly, he closed with
Harris, who tried to pull the trigger. The pistol
was loaded with two bullets. He was not positive
which fired, but he thought the taller one. On search-
ing Harris he found a powder-canister and a piece of
lead from which the bullets had been cut, and rounded
in a rough and jagged manner. He also found three
new silk handkerchiefs.
Inspector Cooke, T division, proved he was on the
ground soon after, and found a black mask, which he
believed belonged to the prisoner Harris.
Mr. Joseph Collard, Superintendent of the Great
Western Railway police, stated that in consequence of
information he received from Mr. Bashford, a member
of the Great Western Company, he was directed by
the directors of the Great Western itailway to assist
the police, and he saw the pistol which had been
found on Round. On Friday a man was given

7, lB5l.

into custody for attempting. to pass a brass medal
eAr a sovereign. 1 week :a the Padnira,e ea savien
and saw the prisoner. He identified the pistol now
shown him as being similar to the one found en Round.
They were made by the same maker. He told the
prisoner he had a more serious charge to prefer against
him than that of attempting to pass a medal ; it was
being concerned with attempting to murder a police-
officer; and he said in a hasty manner, "Do they say
I did it ; is he dead ? " Mr. Collard then told him the
police-sergeant was not dead. Witness afterwards
brought the prisoner to this court, he being sent by
the magistrate at Marylebone Court. On the way he
said he knew nothing about the pistol or the case.
From the neck of the prisoner be took the silk hand-
kerchief he produced. It corresponded with three
others found on the other prisoner.
7-Sergeant Lees, of the Great-Western police, proved
that about half-past eight o'clock on Friday morning
last the prisoner was going to Southall, when he
offered a medal for a half-sovereign, and was given
into his custody. He found a pistol on him ; it was
loaded with two bullets.
Dr. Henry Day said he resided at Acton. He was
called in to attend a wound in Sergeant Earthy's
thigh. The bullets had passed through the limb, and
a piece of cloth was discharged eight eays afterwards.
They had not touched the main artery ; there were
four wounds ; three in the right thigh and one in the
left. The pistol must have been fired close to the
body.
Mr. PAYNTER asked if the bullets had been found ?
Sergeant Earthy replied they had not.
Police-constable Dowling, T division, proved that
he was locked up with the prisoner Round. About
half-past ten o'clock he asked bow the sergeant was,
and if he was dead. Witness cautioned him not to
say anything, but he then said, "It was his own fault
he was shot. My hand was knocked up at the time,
and I did not know that the pistol was on full cock."
He wished that Harris should not be accused, as he
had fired the shot. He wished to see Harris before
he came to that court. He thought it was of no use
stopping there to defend Harris. He heard him call
for him. He loaded his pistol and went towards
Ealing. He met a gentleman and demanded his
money. He got some sovereigns from him. He did
not tell witness how much he took. He sail he hcd
no crapo on him then. He kept on walking all night,
and in the morning he went to Petticoat-lane, where
he bought another suit of clothes, changing his own.
He alto said he robbed a gentleman on Monday night,
and threw his watch and guard into the canal on
Tuesday.
The clothes worn by the prisoner Round were pro-
duced, and identified by Sergeant Earthy.
Mr. Ed ward Long stated he was a baker, living in
the Uxbridge-road, Ealing. On Wednesday night,
the Bth ult., he left the train at Brentford, nheut half-
past nine at night. Ile proceeded down Drum-lane,
leading from Brentford to Ealing, and had crossed a
field, when a man came up to him and said, " Your
money or your life." He gave him 6s. or 7s. The
man held a pistol close to his cheek, threatened him
again, and said, " I will search you ;" and he did so,
taking four sovereigns and two half-sovereigns from
his waistcoat. He said, " You can go now." A
policeman afterwards came up, and he ran after him,
and took a man named Muinford. He told the con-
stable he had made a mistake. Witness afterwards
went to Brentford station. The man wore a round
jacket. The prisoner Round was the man who
robbed him.
The prisoners were again remanded for the attend-
ance of Mr. Baehford ; Mr. Nicholls, the second
clerk, proceeding to take the depositions for the
felony.

HEALTHOF LONDON DURING THE WEEK,

(From the Registrar-General's Report.)
The week ending last Saturday exhibits a consi-
derable decrease in the mortality, compared with the
amount in any of the three previous weeks of Octo-
ber. Lately the deaths in London have never been
less than 950, and they have generally risen much
above that sum, but last week they declined to 861.
In the ten corresponding weeks of the years 1841-50
the average was 956 ; and if this average be raised in
proportion to the greater amount of population at the
present time, it will become 1,052, compared with
which the last return shows a decrease of 191.

The aymotic or epidemic class of diseases, though
it produces more than a fourth part of the total mor-
tality, exhibits a decline on the preceding week, the
number having fallen from 208 to 222. The cor-
rected average is 248. Typhus and scarlatina indi-
cate a slight reduction on the previous week, hut
they still number considerably more than any other
disease in the same class ; to the former 60 fatal cases
are referred, to the latter 50. Small-pox was fatal
to 12 children and 5 adults ; measles to 13 children,
hooping-cough to 19, croup to 5, thrush to 2, cholera
to 1, purpura hoetnorrhagica to intermit,tent, fever
to 1, remittent fever to 1, infantile fever to 1, syphilis
to 2, and noma, or cancrum oris, to 1. One person
died of influenza and seven of erysipelas.
With reference to a case of " malignant small-pox
(14 days' duration)," it is stated that the deceased, a
girl six years old, had nut been vaccinated because
her mother had previously lost one of her children
about six weeks after vaccination, which she blamed
as the means of its death, though the real cause was
inflammation of the lungs.
Diarrhcaa was fatal last week to 26 children and to
8 persons of mature age. It seems to prevail at pre-
sent to nearly the same extent as has been u-nal
in corresponding weeks of the last five years. On
the 25th of October a child of three weeks died at 7,
Tyssen-street, Bethnal-green, of " cholera infantum
(5 days)."
Ou tne 30th October the son of a labourer, aged
7 years, died in the Midd!est-,x. Hospital of " otitis,
febria, scarlatina." He had been brought from .59,
Castle. street East. In the same street, at No. 14,
the daughter of a cooper, aged 3 years, died on ti:e
26J1 of Oatober of " hooping-cougn (6 month.),
pneumonia (1 month.") With reference to this latter
house, Mr Wallington, the registrar of All Souls,
Marylebone, reported three weeks ago, that it was
very defective in ventilation and drainage, in a
dirty condition, and let out in single rooms, and
that five deaths had occurred in it since the 1393
of May, three of which were from scarlatina.
A sixth death has now been registered as
stated above, and the medical attendant in
this case states that he happened to attend a
delivery which took place there under the most painful
circumstances many months ago, and on that occasion
he forewarned the tenants of the consequences that
would result from the "filthy and disgusting" con-
dition of thee house in which they lived. Having been
superintending inspector of Bilston and Darlaston in
1832, and of various metropolitan districts in 1849, he
adds that a worse case of nuisance than the present
never came under his observation, and that in his
opinion it would fully justify the strongest measures
of repression.

In Hoxton Old Town, at 24, Upper Joha-street,
three sons of a salesman, aged respectively 13 years,
11 years, and 13 months, died, two on the 29th of
October, an d one on the 30th, of scarlatina, followed
in one case by hydrocephalus, and in two by hydro-
thorax. Mr. Packer, the registrar, mentions that
four deaths from scarlatina have occurred in this
family within the last ten days, and that two other
children are at present lying dangerously ill of the
same disease. The drainage is good. Typhus and
scarlatina are now very prevalent throughout tha
whole of the sub-district.
At 13, Woburn-mews West, a coachman, aged 34
years, died on the 31st of October of " typhus (20
days)." Mr. Yardley, the registrar of St. George's,
Bloomsbury, observes that his " informant had men-
tioned nothing regarding the state of the premises
which was likely to generate typhus, except, what is
not unusual in stables, the existence of a common
privy under the stairs leading from the stable to the
loft, from which a very offensive smell sometimes
proceeds." The wife of the deceased is now lying ill,
and so far as the registrar could learn, her complaint
appears to be of a typhoid character.
In this return the number of deaths ascribed to
phthiais is 111, which is less than the average ; from
other diseases of the lungs the aggregate mortality is
105, showing a great decrease on the ordinary amount
at this season, for in corresponding weeks the deaths
ranged from 120 to 189. In this class stand laryn-
gitis and Jaryngismus stridulus,:iwhich were fatal to
5 children.
and One i
n personfa o
ts. f
rdiedo m w
of
aintemperance,
of
.breast m
of October a surgery attendant, aged 50 years, died
r
in Westminster Hospital from " a di-section wound,"
after 10 days' illness. Erysipelas occurred 3 days
before death.
Note by Mr. Goodhugb, registrar of the sub-district
of St. George the Martyr and St. Andrew Western
(Holborn)—In the week ending Ist of November I
have registered only one death in a population of
18,809, a fact which indicates the healthy condition of
the sub-district. The deaths registered between the
19th of March and 29th of Ocober are 185 ; the
births during the same period 337, showing an excess
of the latter over the former of 152.

STATE OF THE WEATIIER DURING THE PAST WEEK
SUNDAY —The sky was generally covered with cloud till
near noon, during the afternoon the amount of cloud was
val‘thiriabN l oule, and at night the sky was for the most part overcast.
and
t
,
with slight exceptions, was covered
with
wards; stratus and haze. and it was generally clear after-
TUESDAY —The sky was overcast throughout the day.
°c
Rain fell heavily after 9h. P.M.
WEDNESDAY.—The sky, with slight exceptions, was
covered with cloud throughout the day; cumuli, strati, and
haze. Rain fell occasionally during the evening.
TIIUDSDAY.--ODe.half of the sky was covered till near
noon, during the afternoon the amount of cloud was variable,
and the sky was generally overcast at night : cis r cumuli,
cirrostrati, and scud. Thin rain fell occasionally during the
evening,
FRIDAY.—The sky was free from cloud until 11h. A.M.,
three-fourths were covered generally till 6h. P.M., and over- i
cast afterwards; cumuli, cirrocumuli, cirrostrati, and light
scud.