The Sun.
London, England, 1834-11-06 00:00:00

SHEPHERD AND ANOTHER V. DALLIMORE.

This was an action on a guarantee. It was tried at
Wells, before Lord Denman, at the last Summer Assizes,
and a verdict given for the plaintiffs, with damages 71. 10s.
The plaintiffs held an acceptance of a Mr. Dallimore for
20/. I Os. for rent, and when it became due the defendant
wrote to one of the plaintiffs (Mrs. Shepherd) in these
terms :—" As Mr. Dallimore is not able to take up his ac-
ceptance, to prevent any further expense I will see you
paid. I shall be going to Bristol in a month, when I will
wait upon you." About two months afterwards the plaintiff
distrained the goods of the acceptor, and levied 151. They
then brought their action on the guarantee for the differ-
ence, upon which the verdict was for the plaintiffs.
Mr. ERLE moved for a rule to show cause why the ver-
dict should not be set aside and a nonsuit entered, on the
ground that there was no evidence of an acceptance of the
guarantee by the plaintiffs.--Rule granted.

POLICE INTELLIGENCE.

MANSION-HOUSE.

Mr. Robert Butcher, the clerk toasolicitor, was charged
before the LORD MAYOR under the following very unusual
circumstances :

Mr. Tibbutt, the solicitor of Austin-friars, stated that
the defendant, aided by two other persons, had just com-
mitted the most extraordinary outrage upon him and his
family. He (the complainant) had been subpoenaed upon
a case in the Court of Exchequer, but it had been con-
sidered proper by the attorney for the defendant to subpoena
him a second time. For the purpose of performing such
unnecessary act the defendant attacked his residence in
Austin-friars, broke open the door within the hall-door,
frightened his wife and sister almost to death, proceeded
afterwards to his bedroom, where he lay very much indis-
posed, and smashed that door with a hammer and other
implements.
The LORD MAYOR—The cause is, I believe, one of con-
siderable importance to the parties, and we had better say
nothing here that may affect the decision upon it.
Mr. Tibbutt—lf I omitted to appear to the first sub-
poena which was served upon me I should be legally re-
sponsible ; and this outrage is in every respect one of the
worst that could be attempted. My family were thrown
into the utmost consternation.

Defendant—l shall render it unnecessary to make
any additional statement on the subject. I admit that the
act of which Mr. Tibbutt complains was decidedly illegal,
and I am ready to abide the consequences.
The LORD i\IAYOR—I do not at all wish you to enter
into the particulars. The question is whether the assault is
of such a nature as required the interference of a Magistrate?
Defendant—Exactly so. I certainly acted illegally, and
am willing to abide the result. The men entered under my
direction.
The LORD MAYOR—Where are the men? Defendant
—That I can't tell. They are Sheriff's officers, and lam
responsible for their act. I am willing to bear the respon-
sibility.
Complainant—This man knocked my clerk down on a
former day, and he offered my servant 201. to serve me with
a subpoena.
The LORD MAYOR—You had better not say anything
about that, for from that circumstance it would appear that
you were rather unwilling to attend the trial.
Complainant---I have had a clerk watching the case
closely, and entertained no idea of disobeying the subpoena.
I complain of this as a most desperate outrage. The defen-
dant struck both me and my wife.
The LORD MAYOR.—He seems to think that he was jus-
tified in the course he has adopted for the purpose of serving
you with a subpoena. Defendant.—l do. I admit the ille-
gality of the proceedings, but I rest my defence upon the
circumstances which have occasioned it.
Complainant.—lf such a violation be permitted, there is
no security for any man. The offer of the 20/. to my ser-
vant to deliver to me the subpoena is altogether indefensible.
It is an offer of blood-money to offer money to persons to
break into my house.
The LORD MAYOR then directed that the defendaLt
should find two sureties in 201. each to answer for his ar-
pearance at the Sessions.

The bail having been procured, the defendant was dis-
charged.
A man who said that his name was Smith, was charged

....--....---..---;--..'..--- .
with having stolen a plated curie dish out of the shop 'I
Mr. Dulin,- the silversmith in the Poultry.
The prisoner, at half-past six on the preceding everraill
walked into the shop of Mr. Dalin, and walked out 41 to
carryingosc with him the dish, with which he attemptecetive
ape.
An alarm being given, Daniel Neale'', a%tiitty
officer, who has been for some time stationed in the ' bat is
to prevent the public from being imposed upon bY vs. „red
him.called the " Auction Rig," ran after the prisoner, and see-
-..ii a the de"
The LORD MAYOR having minutely exw—ne
_o,otigh
tailse of the case, was of opinion that the prisoner, 317 that
csrtainly guilty, would be acquitted by a Juanas:filiaril
aaMagistrate had the power to commit topirssessi —on of
labour for three months, a person found in ...,•sore
r
goods recently stolen, he should sentence the r
hi mself. riag that
The prisoner seemed to be disappointed at he
he fas to be sent to BridewelL
_o The LORD MAYon—Prisoner, I have, reasonar for ssksod
youl yfhooeru
Lawofheßewrot hdmearyAsyy;oune—pa can
sgoainvveeer_aynoyNu eoxagpeolia na
na t iyo n!
illy
soner—No. &on' ? 14
rdTrhaethLeronnont
~
The Lo RD MAYOR—I do not wish to inalie y-1, tioi,
MAYOR—Who oor what are you? Prisoner"'
nHataeveyoyuoroseglof.t
aloliyaftaemainlyd?desppirsiesoanneyn_aiNtemo.pt of that ''
I,e
Mealey said that the unfortunate man wished to
transported. j to
eine
The Loan MAYOR observed that prisoners s , f $
have
es
pao.
_rveryt. inadequate idea of the hormrs of the I.lf_e.!ires
to terrific that iiis't'taertet°
Theit ewhoasngbeutinanthaecttreoaftnlnicenrotyt croon;
make that information as public as. -possible, it 0 there
transportationse e m
deter rom the commission of crime ; particularlY as that
edtobe
still
would introduce them to more
prospects. an impression amongst debncittedectssiobie
110°5
His Lordship committed the urisoner for three

to Bridewell. -
.......- ht
bro'g'
Q UEEN- S Q Uif RE.
Yesterday, a man named Thom
Yester - . Byford was Bbl
up in custody, and placed at the barr4hefore gessci,:e I‘lr'
RELLsha and GREGORIE, charged with whole sly
ass° ' 4t*Otfi
Shaw, the landlord of the Tower wirie vauls' in the
rd'
pers
minster-road, and several other c os. lticl*
a•iir. John for the
Amongst the complainants appear
son, the veteran caterer of dramatic
t amusertslo°l°.
last fifty years for the holiday folks, rc alowne- t
v. couotrY' • coo'
mew fair, and every fair of note round the 4 his s
fideOentiatibefripernedvi,omusr.afternoon Mr. Ric'bardsaf riGnit.„"soo'streeilil:
Johnson, corn-deafer, 0 . ping 3
h ,heo
New-cut, were at the Tower wine-vaults, eui.c-...sma; ",44
of port wine, their " usual custom in the altel"-- ettoos-
the defendant and three other persons carne 10, oefet4Y
whom was a female. Sheseate-db.eh;eegrael
taming bottles, and the landlord wove. 1.0
the bottles might get broke, requested 1 erl to t the'-eli
she refused to do, and he was endeavnuri. gt° get d stru.
per away when .Istrc.oani.datilift ioo,oe of
, . , the defendant came behhild lei a3nfrilicol'
him several blows. The prisoner also it istwel-ft 1 °lei°
blows
and Mr. Johnson, and also struck tile rjam-uie theti;
; the place became a scene of coniru.sioo from cP'
lencews of the prisoner, and the police were- At leiV shat
who took the prisoner into custody. for
.fritiou tslo'
The prisoner, in reply, expressed great c:0..-- ,acing -,
had occurred, and attributed his conduct to ~..cau,,i''.
too much liquor before he entered the Tower tncer)r l'e'
The MAGISTRATES, finding the prison -
tent, mitigated the fine to 40s. Je°
11 as •
i_t ire U, rhea'
The veteran Richardson looked remarka °ILI his of
tleraieviing the office was congratulated by sev'ervVt °lnch 1.
afriends. He took occasion to reinarl, lot"; veir
his friends had circulated a number of lies a b°u,.: t be
stated
had asserted, and it was generally believed,
..t'b3iiely 5101
put on a new garment, and he had heard it rfor the on,
that he had worn the same unmentionable,.• esest hi
eighteen years. Now this was all false, for 04...,as Pcirbe,,g y
mentilonableshad not been six months in w ear'w..,ai r. They
aeperpteaaintlo any person if they were not a ticri...r. glaje 0.
vdaarrikablfeu
lookedcertainlyystia to be a very fresh-looking nr..01 01,0',
n.of
aiTwheayesrrwoera,
rhinegbteblieevseadre,
earcoeyoor gyeaocelo,t.ooPor,
and this he rulehad done for the last thirty Yeals"-fh hit Cet
plained most bitterly of the trouble he haLo-,..ioi•o?efo';•
pany, who vexed and plagued him in sue!, ' „bicli•boLlt
they threw him into a dreadful nervous
times lasted for days. state, ; deal 3 for,
He bro c ow
the number of first-rate actors that he ha.u., leelb.,.,Er
ward
un___ in his time, and particularly mentions ,ediirrf o•
thentalked a grea ebt
_e_likemany others he could mention, never proso perfves
fl and. always came to see him where he
_.„'cber ',Ated
ing with his company. There were a uTt,os6`-o.as
circulated_r about Mr. Kean as well as himseif;,o;l 1; thh:ttoo
that M . Kean was educated at Eton lice" Auk-
5,- is call
all a lie, for he was never at Eton in his oin b oicii
him thee,a little ragged boy, forty years 1111:t EP! •n 0 °I
van. circumstance, however, occurred
sot, °e V'tol,:svvecid
first inspired Kean and made him have
himselfwere playing Tom Thuinh P,e rec Itiej
AO ' OCP '
Kean played They
nt Thumb. The following '-- il the i tb
a message from Windsor Castle to bring s'3l' 't
I/3d
Master Carey, to recite before their majcPes'ocl lishiso
time he had scarcely a rag oersa shoe to. hirr'sl'e,eto'r-to '1,43),
to ransack half the old cloth
out any way decent, and with asbhloapcskirin bhvoirtlefeci r°lo;:isotel
shirt collar, he took the boy to the Castle, wile-COP' 0
f he f fr°:,,,
several pieces, to the evident satisfaction 0- 50-• '4 iv,
his Majesty George the Third made him a Pi-tlioul-r 1°
selfthat time he became quite a different lad, a"" "d lio°6-011,
_et of some importance, and studied verYillatiticiPiva
,i, s Fuctions. " Poor Kean," sighed Jur. Olin'
ggra • a 31)°'
with all his faults, he had more titu e
any of my company."
-. S"
•
t _ otej

LEB ONE.
John Jenkins, a MARY
native of Bedfordshire, """ etche ..1c ifi
police constable Bradshaw, of the 13 dig 4i
raft
that on the previous night he saw the Prise°,teittet
Oxford-street, surrounded by a number of
to
oenv'elfi'l
knowing that he would be robbed by them,
Place tbedoll
him to the station-house for safety, at- which IT' e '
toner gave up to the inspector fifteen sove fos
reigns'
watch, chain, and seals. f ugh* t°
Mr. RAwLINsoN to prisoner—l think ° fat re
you ss. for being drunk, as a caution to you ill. r"4:10
Prisoner—lf that'A your wish, I shall fe el .
_AO
plying with it. iit I ShalldMr. RAWLINSON—As you ii:e so p0..,e, t
you on paying the King's fee of one ;haling. t.berstew
The countryman having auto ' ' - 101 /tts Pif fillet
Sunday night a large barn on the I.weaeiiob-'"°teire, ros
r °`" oua
with corn, belonging to Mr. Barnes► of hp 00, ie
twelve miles from Newark, was' discovered to "'tie
.00,00:,
sbcoe,olrny,coasmmnounhiaeabitteadtioton thise snteaacrksthadejoining• and fief
of -, poi- of
drsumed. There is no doubt it was the
nor o.,,ter°, •
place, or -00 ev,
smallon
wheat, beans, and barley, have been destroyed' "r, °-11:6'.
gsitnagekt_oyaMrdr.
bßelaornrigvive.snabaetlnosoatonitr that dg ;b63 Nest t OP,,
cr iidustrious cettarfl;e'llofe;
herby, near Grantham, discovered to -1 Con heat bl',
soon consumed a bean-stack, a barley-stack, ar'' 30054
the whole produce of his little farm (about 28,,,,r0det, 01
men have been apprehended onsuspicion.•
--Siser"`" loctif
i ~,. o'cis Ile.
FIRE.---Yesterday morning about 10‘..-so,y ;poll
alarming fire broke out at Hux's cooperage, Gil? the jrofir,
therhithe-wall, which threatened destruction frf rti. ee ir
populated neighbourhood which surroundied!iceh elsieeotoor`
nately there was a strong south-west wino poor Pearoe ,
The ; or
flames to rush in a favourable direction.
menced their labour bremoving their furniture 104,
in -tea es a 0°
safety, after which they exerted themselves
conductors of two local engines, and by their uniflo
the flames were confined to the premises of Mr* eogilloti,
houses adjoining, until the arrival of the largf_, $ P otsv
town, which soon extinguished them, there bositlittitthe
supply of water. Fortunately no lives there lost, f bat /
premises were consumed. --------- or
______----
pf CV

_ _ __—
BIRTHS. c00te,55
On the 3d inst , at Chesterfield House, the ofi'
field, of a daughter. th 114
OnWood,thEescil.s,t
ofin sat.d,auagthtNero,rsttoireboarlli:. Yorkshire,
le
//rot
e

On theoflfs3t lirnß.str,hlAo.aerntr.
al
daughter
IlOringnrnhentshte,hilel,-stohf inst., at St. 3ofileo'Rrgßesi,ltnover-sqtuoares, 41.,, _
,i•
narOdn,
Ethsrqoo. -asstreet,naerrGy,,oso:cilietiquillonnn,cie;strweefitiiro,..,
•0:070
Esq., late
sotfh to Ala'''
On thee 4:tAhllire..nrAi.e,.ttial-Thstirteee,to,f Orford
-street'
/3144669
ile' A
On the sth inst in Brixton-place, in his 83d Year'
siitamnnssttinradt.Lhiann.gbpamlELDodi e, ...,ypping, Thoolas or
Shore, Esq. inst.,
On the al inst., Dorothy Aiargaret, the wife of oto
formerly
in
nf Bennett-c-stbraernetb,
eSrstr
rtfoergde-nstt.rnseetritetrat, fortse;
macott, Esq., R.A., of South Audley-street. welbi.Leto '
On the 3d inst. at Torquay, Devon, Richard Earle of
fifth sun son of tho 'late Sir William Earle Welby, Bert" le,
Hall, Lincolnshire, aged 55. , CA
On the sth inst., lrs• Robertson, of Prince's-Pie" job
garden, in her 90th year.
GrOegngt,haeg3ded
6in4s.t., in St. James's-buildings, ClerkenwiellotlVfortir. of
On the 4th inst., Jane, the wife of Mr• Sam 65
Ba'.;nngthha:l-house, New Basinghall-strneel:
3d inst., Mr. John Big_gs, flyou.,..,net. '..tchstai,' only,ag;611;1
On the Ist inst., at Clifton Hotwells, well° r,„,,IpSPJ
T. J. W. Thomas, Esq., of the Hon. East India ‘,.., re
dras Civil Service, ed 3. • BEV °
On the 4th inst., Elizabeth, the wife of T. $• Klog, _AO
Tower. ',I e welleL re,
On the Ist inst. at Bishop' Down, Tuinatbennitb-e i___3,„
.r 6;,.
Rosamond, wife of inst., at Weller,
,n IrOti-P
London: Printed and Published by MV11"-7,..
at The Sten Office, Ne. 112, Strint"