The Sun.
London, England, 1834-06-23 00:00:00

HEARING OF CAUSES

Mr. RoLrE applied, both sides consenting, that a
cause which stood for hearing before his Honour
the Vice-Chancellor, might be transferred into his
Lordship's paper, it being an important cause, and
a course in which an appeal would he sure to be lodged
from his Honour's decree in whichever way the court be-
low decided.
The Loan CHANCELLOR expressed his perfect willing-
ness to accede to the request. It was just such a case as
he wished to be brought before him. He had spoken to
the Vice-Chancellor come time ago, with a view of having
an arrangement come to, by which the hearing of such
causes might be brought before him (his Lordship), but his
Lordship thought there might be some difficulty in arriving
at any definite arrangement, and it was agreed between
them that the subject should stand over for a fortnight, to
ascertain what propositions were made in that respect by
the parties.
%%tun r. POMFRET. •

Mr. TINNEV made a similar application in two causes
in this matter, which
The Lour. CHANCELLOR directed to be transferred into
his paper.

SWANSBOROUGH z.

Mr. WALKER applied for permission to have this case
restored to the paper, which had been struck out while the
Court was sitting at Westminster, in consequence of the
non-attendance of counsel. The appellant had been de-
prived of both his counsel from circumstances over which
he had no control, and which he (Mr. W.) was prepared
to explain.
The Loan CHANCELLOR said there were objections to
his granting this application, but he would consider it.

STATE OS' PORTVGAL.-SOARES V. GOWER.

The SOLICITOR-GENERAL stated that in this ease,
which stood for hearing before his Lordship, the parties
were in hopes that recent events in Portugal might relieve
the consideration of it from some embarrassment.

---
The LORD CHANCELLOR said it was very likely, and
that he would recommend a delay for a week or two, until
it was known what result the recent events produced.
Probably the parties might be able to negotiate the bills
now, or at all events to get instructions from Portugal.
The SOLICITOR-GENERAL said that the parties to whom
he was opposed, and who had the duplicates of the bills,
would attend to no instructions from Portugal, but acted
under their instructions from Paris, and that there was a
danger of the property being lost.
The LORD CHANCELLOR put it into the paper for the
purpose of being mentioned on an early day.

COURT OF BENCH-(THIS DAY.'

(Before Mr. Justice WILLIAMS and a Special Jury.)

ROBINSON V. ROGERS.

This was an action brought by the vestrymen of the
united parishes of St. Giles, and St. George, Bloomsbury,
against the defendant, who had acted as churchwarden of
the union in the year 1832, for a balance of 88/. 2s. 3d.,
all-ged to be due by him to the parishioners.
Slr JAMES SCARLETT and Mr. THESSIGER appeared
for the plaintiff, and the ATTORNEY-GENERAL and Mr.
FoLLETT for the defendant.

- - - Robinson, the Vestry Clerk, in whose name the action
was brought, having been examined, .
The ATTORNEY-GENERAL submitted that the plaintiff
must be nonsuited. The action was brought by the pa-
rishioners, but the act did not constitute them a corpora-
tion for such purposes, and they could neither bring
actions, nor could actions be maintained against them. If
a churchwarden had not duly accounted for moneys
received by him, the proper mode of proceeding was
to summon him before a magistrate, and after an
investigation of his accounts he could be compelled
to pay the balance ascertained to be due, by sum-
mary proceeding. In the present case an action was
brought by the parishioners against one of their own body,
Which could not be maintained, as the defendant, being a
parishioner, was also one of the plaintiffs. The learned
counselhere referred to the act of Parliament, and con-
tended that the parishioners had no authority under its
provisions to bring such an action.
Mr. FOLLETT followed on the same side.

Sir J. Scant Err replied. The action was not brought
against one of the parishioners, but it was an action by the
parish against one of its officers, in his capacity of treasurer.
The objections of his learned friends on the other side were
therefore of no weight.
The Learned Juncz suggested that as the Attorney-
General relied 5o confidently upon his objection, there
could be.no harm in entering a verdict for the plaintiff for
the amount claimed, with leave to enter a nonsuit, should
the opinion of the Court be in his favour.
The ATTORNEY-GENERAL assented, and an arrange-
ment was entered into between the learned counsel, that in
the event of the decision of the Court being against the de-
fendant, a gentleman of the bar should investigate the ac-
counts, and award the amount due by the defendant (if
any) to the parish.

GLIN PETTY SESSIONS, Ju 21

EXTRAORDINARY CHARGE AGAINST A MAGISTRATE.

By order of the Lord Lieutenant, Thomas P. Yokes,
Esq., attended at the Mil Petty Sessions on Saturday last,
to investigate a case in which" Mr. Thomas Madigan and
his niece were complainants, and John Francis Fitzgerald,
Esq., Knight of Glin, defendant.
The inquiry was founded on a memorial forwarded by
Mr. Madigan to the Castle of Dublin, in which lie stated
that on Ash-Wednesday evening last, at the hour of ten
o'clock, the Knight of Glin entered his house, and found
his way to his niece's bed-room; that on entering it he
clasped her in his arms, and that she screamed and
called to her uncle for assistance, who rushed in-
to the room, and laid very violent hands upon the intruder,
so far as to knock him down with a poker, and blacken his
eyes and sides; that lie (Madigan), while lie held the
Knight prostrate, sent for his next door magistrate', Capt.
Hamilton, who proceeded to the spot, and, finding them in
this situation, exclaimed," Madigan, what have you done ?
you have killed the Knight; and so saving he raised him
up and carried him away. Madigan's memorial went
to say that, while the Knight lay prostrate at his
feet, he wrested two short daggers from him, which
he had concealed under his coat sleeves ; the next:
day the Knight swore - informations against Madigan,
and had him arrested and imprisoned nearly twenty-four
hours. On obtaining bail for his appearance to abide his
trial at the late Assizes, he proceeded to Captain Taylor to
get informations. The Captain, in • reply, said that he
would grant them at once, but that under the circum-
stances he would wish to have another magistrate present.
Captain llamilton (the gentleman who witnessed a part of
the scene) was of , the same opinion. The memorial did
not directly go to impeach the magistrates, but the object
of the government evidently is, to ascertain whether Ma-
digan's statements be true or not.
-Mr. Madigan was then called, and deliberately detailed
all the circumstances, the substance of which (as given in
the memorial) we have just stated.
The niece in a long examination made the same state.:
ment.

The Knight of Glin being called, declined to examine
any witnesses ; but denied all the allegations, and said that
he went to Madigan's house on the night in question, by
invitation. He further
.said that he would relinquisliiii;
commission of the peace if required.
Madigan and his niece denied having directly or indi-
rec_tls given him any invitation whatsoever.
We should observe, that in the course of the inquiry the
magistrates alluded to denied having refused to grant infor-
nuttiensl- on-die-contrary they said, when duly assembled,
they sent for Mr. Madigan in order to grant them, and
that he did not attend.
To this Madigan replied that they did not send for hint,
that if they had, he would readily have attended, and that
in "Kisequence of their refusing this informations, he was
obliged to lay his case before the Lord Lieutenant.
• V°l'es, who, we Underitand, will confine himself
strictly
minute ton the charge contained in the memorial, after a
Limerick,
inquiry, which lasted over three hours, departed
for
government. to Prepare his report and forward it to.the
The trial created the greatest possible interest in the
r ood.—Linienck Star.

,
.-TIIE TAILORS' ST Itl KE.—Within the last
week or two a great number of the journeymen tailors
hat 4 returned to their work, notwithstanding all the
rk measures of their leaders to prevent them from so do-
inq The master tailors of the metropolis have rigidly
adhered to their determination not to employ any man,
unless he signs the declaration framed by them, that
he will not, in future, have anything to do with trades'
unions. This declaration is the chief cause of many
of the men holding out so long; and if the masters
would take them back without signing it, they would
long before this have
defeat the tailors have received
to their work. The
has been attended with
the most beneficial r'oeerlts,inasmuch
all the other tradesfollowing
as
fromit has deterred
the metroolis
so mischievous an example, as was their expressed in-
tention. if the tailors' strike had succeeded.