The Sun.
London, England, 1851-12-13 00:00:00

tiff for the protection of the machinery, as he had re-
fused to deliver it up when demanded. When ,
the assignee under the bankruptcy took a fiat
of the property at the wharf the plaintiff
caused the letter L to be put opposite almost all
the things in the list, including the machinery, to
denote that they were the property of the landlord,
and thereby save them from being seized by the
messenger. The defendant, on coming to town, found
a great part of the machinery had been removed from
the wharf to the plaintiff's residence, and gave him
into custody on a charge of stealing the machinery,
which charge was dismissed before the magistrates.
Several witnesses gave evidence in support of the
plaintiff's case, and the defendant and others were
examined for the defendant in mitigation of damages.
The CHIEF JUSTICE, in summing up, said that with
reference to the remarks that had been made by
counsel as to the want of the plaintiff's testimony, he
had considered the intention of the new Evidence Act,
and he thought it was not so much brought forward
to supply defects of evidence as to disclose the whole
truth ; and that here it might have been as well if the
plaintiff himself had given his testimony. His Lord-
ship then went through the evidence in the case.
The jury retired, and after a short interval returned
with a verdict for the plaintiff—Damages 251.

SMITH, THE YOUNGER, V. TYAS.
CARD V. TYAS.

These cases presented precisely the same facts as
the former, as the plaintiff in each was arrested at the
sime time with the former plaintiff, and charged with
the same offence. A verdict, therefore, was taken in
each case by consent for 201.

LORD MAYOR'S COURT, Dec. 12.
(Before the RECORDER.)
EDWARD A/4D ANOTHER V. STACKET-811ARPE AND
WILKINS, GARNISHEES.
This was an attachment in an action of debt under
which two boxes of Californian golddust, of the value
of 16,000 dolls., in sterling 3,-1911., had been attached.
The action was for 7001.
Mr. Randall (with whom was Mr. Locke) appeared
for the plaintiff; Mr. Ryland for the garnishee Wil-
kins, trading as Sharpe and Wilkins.
From the opening statement it appeared that the
plaintiffs were merchants at Halifax, and Mr. Starkey
had traded as a merchant at Liverpool, as Starkey and
Co. The garnishee, Mr. Henry Charles Wilkins, was
a bullion broker in Winchester-street, in the City.
The present proceedings involved a novel point. In
October last he received from the bullion-office of
the Bank of England, by virtue of a bill of lading
which he had received from Starkey, two boxes of
Californian golddust, of the value described, which
had been shipped from San Francisco, where Starkey
had a branch establishment, for Southampton, by
the steamer Clyde, and which, on its arrival at that
port, was conveyed to London, and deposited in the
bullion office of the Bank of England for security.
The captain of the vessel in which the gold was
brought from California had a bill of lading which was
deposited at the Bank of England, and another bill of
lading was forwarded to Starkey at Liverpool, to
whom the gold was consigned. The last bill of
lading stated that the consignment was "as per en-
dorsement," the endorsement being a list of persons
to whom the proceeds of the golddust were to be paid
over in various proportions, and the question to be
deeided was, whether Mr. Starkey had a real and
substantial interest in the consignment, or, in other
words, whether the golddust, which came into the
possession of Mr. Wilkins, belonged to Mr. Starkey,
or to the persons whose names were endorsed on the
bill of lading, under which he received the golddust
from the Bank. There was no such endorsement on
the bill of lading brought over by the captain, and
the question was, whether the other was genuine, and
had the endorsement when it left San Francisco. A
bill of lading had never been so endorsed before, and
the point which arose in this case had never occurred
in any previous proceeding.
The evidence proved the receipt of the gold and bill
of lading from the captain. The gold realized 3,351/.
7s. 2d., of which Mr. Wilkins had paid 2,400/. to the
persons named in the endorsement. He had the ba-
lance on account of the present proceedings.
It was contended by the Learned Counsel for the
garnishee that Mr. Starkey had no interest in the
consignment, but was merely an agent, and that
when the bill of lading heel come into the possession
of the accountant to Mr. Starkey's estate it was sent
to Wilkins, and the sum paid had been divided in pro-
portions, the balance being kept until the present
question was decided.
It was proved that the signatures to the bill of
lading were those of Starkey and Brothers, San
Francisco, and Mr. Wilkins said he had no doubt
that the bill of
,lading left California with the en-
dorsement of the names of the parties for whose be-
nefit the golddust was forwarded.
The RECORDER, in placing the case before the jury,
said he had intended to ask them whether they were
of opinion that the endorsement was on the bill of la-
ding when it left California, but after what Mr.
Wilkins had said there could be no doubt about it.
It appeared to him that the gold was consigned to
Starkey to hold for the bi refit of others, and, though
it was formally consigned to him, it was the property
of the parties named in the endorsement. It was of
the greatest possible importance that the law re-
lating to bills of lading should be strictly
adhered to, giving as they did a paramount title to
property consigned, and being so extensively used in
transactions between commercial men ; but in the
present case (and he never recollected a similar one)
he thought, that although the bill of lading was sent to
Starkey, he had no interest in the property, and if
the jury adopted that view of the case they would re-
turn a verdict for the garnishee.
The foreman said the jury were of opinion that
Starkey had no substantial interest in the gold.
The RECORDER said it was in effect a verdict for
the garnishee.—Verdiet accordingly.

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Liverpool, Dec. 12.
CROWN COURT.—(Before Mr. Baron PARKE.)
mujr°d4enr HofahmisPsw°l who was tried yesterday for the
and convicted of manslaughter,
was called up for sentence.
His Lonnsuir said the jury had taken a favourable
view of the case in acquitting him of the charge of
murder, in which he entirely concurred, but that they
bad formed, on the other hand, a very unfavourable
view of the case in finding that, owing to his ill-
treatment, his unfortunate wife had met with her
death ; in which view of the case the Learned Judge
said he also quite agreed with the jury. He felt
bound to pass upon the prisoner the severest sentence
of the law for the crime of which he had been con-
victed, which was, that he be transported beyond the
seas for the term of his natural life.
Patrick Goulden, 28, was indicted for the wilful
murder at Manchester of John Owen.
Mr. Wheeler prosecuted, and Mr. Monk defended
the prisoner.
The circumstances of this case occurred on the
night of the 10th of October last, upon which occa-
'
ion a general illumination took place in celebra-
tion o
f who Majesty s visit to Manchester. The de-
ceased,Cable-street, a street running out of Oldham-road.
her
was about 50 years of age, resided in
The prisoner, who lived in the same street, next door to
Mahon's public-house, had married the daughter of the
deceased's wife by a former husband. Upon the night
in question between twelve and one o'clock, the pri-
soner's wife and the deceased were standing close to
the beerhouse, engaged in angry conversation. While
this was going on the prisoner came up. There was
a good light over Mahon's beerhouse, and the illumi-
nations, which were general in Oldham-street, made
it easy to see what passed. The prisoner asked,
" What is this row about ? " upon which the deceased
answered, " Your Missis says you are able to fight
me, and I'll fight you in the morning," The priso-
ner said, " I can fight you at any minute," and imme-
diately struck the deceased. The deceased, who had
not aimed any blow himself, put his hand up to his
eye, and staggered back against the railings. A wit-
ness named Murphy ran up to him and laid hold of
him, placing him in a sitting position on the ground.
Ile, however, fell, and was then placed upon his back,
and very shortly afterwards was carried to the infir-
mary, bleeding from the right eye. The deceased ap-
peared to be a little in liquor, but the prisoner was
sober and walked steadily. After giving the blow the
prisoner and his wife went into their own house and
closed the door. _ _

Ellen Smith, who lived opposits Mahon's, and was
a witness of the quarrel between the prisoner's wife
and the deceased on the night in question, heard the
prisoner's wife say to the deceased that he had a
sister who was a prostitute, and an aunt who had
been transported. He denied this, and was walking
off, when she asked him to stay, as she was only
keeping him in suspense till her husband came. This
witness then saw the prisoner, who was standing ap-
parently listening about six or eight yards off, draw
something glittering from his right hand coat pocket,
and step forward towards his own door and address
the deceased as above stated. She then saw the pri-
soner draw his right hand up and stab the deceased on
his right eye.
The police-constable who was called in to see the
deceased spoke to going to the prisoner's house and
being compelled to force his way in, the parties inside
refusing to open it. lie found two knives on a
stool, the blade of one being about four inches long,
and the haft of about the same length. On charging
the prisoner with stabbing the deceased, he said he
had not done it with anything sharp, but with s
wooden chip he had picked up at New-cross. Upon
this, witness going back to Cable-street from the
infirmary, whither he had gone to see the deceased,
he searched about for the chip, but could not find one.
Mr. Skinner, house•-surgeon to the Manchester In-
firmary, saw the deceased about 1 o'clock on Satur-
day morning, when he was brought there. The eye
was much swollen and bleeding, and at that time he
was unable to make an examination, nor Was he able