The Sun.
London, England, 1834-05-16 00:00:00

ROUSE Or LORDS.—(TTIIs DAY.)

The house did not sit to-,day. i 11.ti.arli; one W.eh.Tk,iii
conseAtkeitcg.:6i flifi reit t':.riaileetioi• having to sit in the
Cr Chancery to hear an application for a new trial
in the case of Munyard v. Gutteridge.

CRAIG V. THE DUKE OF HAMILTON AND OTHERS.
Their Lordships proceeded with this appeal, in which
the appellant, Mr. Craig,. in the Fear 1,P14; heitio; the
minister of the parish of Da.lAeit county of Littiftric,
sold to a Mien hauled iratiliiton certain ornamental
trees upon his glebe-lands, some of which were immediately
cut down. The respondent, and other heritors of the
parish, thinking that the adoption of such a course was be-
yond the power of the incumbent, applied to the Shrift
of Lanark for an interact to restrain the proceeding ; this
was granted in the first instance, but Upon the question
being discussed, it was foiind that the appellant had the
right to ea doWn and dispute Of the Wood. Hamilton, Who
had purchased the wood from the appellant, and subsequently
sold it to a person named Stark, in consequence of the in-
terdict, claimed damages on account of the wood not being
delivered at the time stipulated; and upon the, appellant
applying to the heritors on the Subject, he *it desired to
make out a.statenietit Of the damage he had sustained,
which, pairing been done, the amount was paid. Pre-
viously, however, to this settlement, Stark had
brought an action against the appellant on account of not
having the timber delivered in proper time. While this
proceeding was pending, the appellant brought an action
against the respondent for relief from the &midget &jilted
by Stark. That action vies dismissed by the Sheriff, on
the ground that the account which had been previously
paid to the appellant by the respondents had settled all
matters in difference Upon the case being brought before
the Court of Session, their lordships affirmed the judgment
of the Sheriff, and from that decision the present appeal
was brought.
Dr. LusitixoTow appeared as Counsel for the appellant ;
and Mr. Sergeant SPANKIE for the respondents.
The LORD CHANCELLOR., without calling upon Mr.
Sergeant Spankie to address their lordships, inquired
what was the amount in dispute between the parties ? and
upon being informed that it was only about 341., his
lordship, with some warmth, expressed his surprise
that an appeal should have been advised, the costs of which
would exceed 1001. for so paltry a sum. He should advise
their lordships to affirm the decision of the court below
with full costs, and he only regretted that he was not
enabled to visit personally with those costs the party who
had advised the appeal.
The house then adjourned till four o'clock.

OLD BAILEY SESSIONS.-(THIS DAY.)

OLD COURT.

John Arscott, a very respectable looking young man, 32
years of age, was indicted for uttering a forged receipt for
1841. 95., with intent to defraud Messrs. Goslings am'.
Sharp, the bankers, of Fleet-street. The prisoner was
house steward to the Marquis of Bristol, who sat on the
bench during the trial.
Mr. George Strange, cashier to Messrs. Goslings and
Sharp, the bankers, stated that the Marquis of Bristol
banked with them. On the 30th of January the prisoner
brought a bill, drawn by the Marquis on the firm, in fa-
vour of Mr. R. Aikman, a tailor at Putney, for 184/. 95.,
stating that he had come from Mr. Aikman, and
that they had instructions to pay it. From his
representations, the witness paid him 150/. in Bank
of England notes, and the rest in gold and silver.
On the back of the check was the signature " R. Aickman."
Witness would not have paid it but on the faith of that
indorsement.

_____.,..........._.
In cross-examination it appeared that the check was in-
dorsed " R. Aickman" when the prisoner presented it,
and that in the witness's presence he added to it " re-
ceived for," and appended his own name to it. Witness
knew the prisoner before, and considered the money was
all safe. _ _

Mr. R. Aikman, a tailor, living at Putney, worked for
the Marquis of Bristol. In January last he applied to his
lordship for 1841. 95., having previously delivered to the
prisoner the account. The indorsement on the bill in
question was not in witness's handwriting. The name
was spelt wrong, it being " Aickman," instead of " Aik-
man." He never authorized the prisoner or any other
person to write it or receive-the amount.
The Marquis of Bristol being sworn, stated that the
prisoner had been in his employment, but ceased to be so
about the latter part of November last. He, however,
continued to reside at one or other of the witness's houses.
In January witness was staying in Suffolk, and while
there, he received a list of tradesmen's bills for the past
year from the prisoner. Mr. Aikman's account was among
them, for 184/. 95., for which he forwarded the bill in
question back to the prisoner, to be given to Mr. Aikman.
Wherever the accounts were under 30/. he usually for-
warded a draft payable to the bearer, but for all above
that sum he gave separate drafts payable to the order of
each tradesman, giving instructions accordingly to the
bankers, and he felt much surprised at learning that his
bankers had paid the prisoner so large a sum.
Mr. AnoLriius submitted that the prisoner must be
acquitted. The prisoner was charged with forging the
receipt, whereas there was no proof of his having done so.
Nor was there any proof of his having, in point of law,
forged an indorsement.
After some consultation the Court ruled that the first
sixteen counts had been improperly framed, and did not
meet the offence as laid down by the Act of Parliament.
With regard to others charging the offence as forging an
indorsement to an undertaking and payment of money, the
Act of Parliament had made no provision ; as respected a
bill of exchange and promissory note the legislature had
made the forging of an indorsement on them a
felony ; but this indictment did not call the document
a bill of exchange or promissory note. Their lordships
thought it better that the most guilty men should escape
than that the law should be stretched beyond its limits to
meet a case. This case did not come within the Act of
Parliament as a forgery, but an indictment of another de-
scription might be framed to meet it.
The prisoner was then acquitted.

NEW COURT.
John and Jeminta Davis were indicted for stealing
Bs. 6d. from the person of John Cook.
Both prisoners were found gailty.

SHIPPING INTELLIGENCE-THIS DAY.

(FROM
.LLOYD'S )

DEAL, MAY 15.—Wind E.N.E.-Arrived the Wel-
lington, from India. Arrived from the river, and sailed,
the Elizabeth, Phillips, and Kingston, Baynton, for Ja-
maica; Camilla, Wilson, and New York packet, Gregory,
for Sydney.
PORTSMOUTH, MAY 15. —Wind N. E.—Passed by,
the Hero of Malvern, Richmond, from Bombay, sailed on
the sth of January; from the Cape of Good Hope, March 8,
and St. Helena March, 20. Off port the Menerva, Fi-
churst, from China, sailed on the 28th of January ; Duke
of Sussex, Whitehead, from Bombay ; Lady Raffles,
Pollock, from Bombay, sailed from the Cape of Good Hope
on the 1 lth of March, and St. Helena on the 28th;
William Metcalf, Phillipson, from London, to embark con-
victs for New South Wales ; Sovereign, Grinsold, from
London, for New York. Sailed the Diligence transport
for the Eastward.
PLYMOUTH, MAY 14.—Wind S.E.

FALMOUTH, MAY 14.—Wind S. S.E. to S.E., strong
breezes and squally.—Arrived the Reindeer packet, from
Rio Janeiro, sailed on the 2d of March ; Skylark packet,
from the Leeward Islands, sailed from St. Thomas on the
17th ult. His Majesty's ship Pike, from Lisbon, sailed on
the 4th inst., and from Oporto on the 7th; Maria Ann,
Hurst, from Lisbon ; his Majesty's ship Savage, from Ply-
mouth, for Lisbon. _ _

COWES, MAY 15.—Arrived the Hunter, Kelwood, from
Boston.

STANGATE CREEK, MAY 15.—Arrived the Sceptre,
Howes, from Mogadore.
PORTLAND, MAY 14.—Arrived off port the Tullock
Castle, Briggs, from Jamaica ; and Demerara Packet, Wil-
lis, from Demerara.

DARTMOUTH, MAY 14.—Arrived off port the Castle
Huntley, Johnston, from China; and Eliza, Gallon, from
Grenada.

LIVERPOOL, MAY I4.—Arrived the John Taylor,
Thayer, from Savannah ; Lowel, Crocker, from Charles-
ton; Elied, Amarga, from Bilboa.; and Kelsick Wood,
Robinson, from Bremen. Off port the Cabotia, Cumming,
from Newfoundland; Mary, Nelson, and Elizabeth, Tog-
gart, from Demerara; Virginia, Ilarris, from New York;
and Medora, Watson, from Odessa.

The Robin Hood, Nickerson, bound to Liverpool,
grounded on Charlston Bar on the 14th ult., but got off
leaky, and would have to discharge.
- Tbe schooner Lady D'Urban, Taylor, from Antigua, was
wrecked at St. Lucia, March 28.