The Sun.
London, England, 1834-01-15 00:00:00

COURT OF KING'S BENCEI.-( THIS DAY.

NECK v. wisE.
The SouclTol GENERAL moved, on the part of the plaintiff,
to set the verdict in this case for the defendant aside, and to
have a new trial. It was an action on a bill of exchange for
1001., brought by the endorsee against the acceptor. The bill
was drawn on the 20th April, 1533, by one Smith, on and
accepted by the defendant, and endorsed successively by
Smith, Moore, Jacobs, and Israel, by the latter of whom
it was endorsed to the plaintiff. This action was set down on
the undefended list, but, contrary to expectation a defence was
put forward. The plaintiff proved a prima facie case ; viz.,
the acceptance and endorsements. The defence then was, that
a certain party had been defrauded of the bill ; and to prove
the defence, the defendant called that much-injured personage
John Minter Hart, who swore that he had been defrauded of
it by Moore, to whom he intrusted it for discount. In
answer to that the plaintiff called two witnesses who were wholly
Uncontradicted, and who most distinctly proved that the
plaintiff had giN en to Israel full consideration. Yet, notwith.
standing the evidence of those two witnesses, the Jury found
a verdict for the defendant. That verdict was contrary to the
whole of the evidence, and therefore the Learned Counsel sub_
'flitted that there should be a new trial.

The COURT refused the rule on the ground that the jury
were the proper judges of the credibility of witnesses, and that
the judge who tried the cause (Patteson) was satisfied with the
Verdict.

Sill C. BURRELL, BART., V. NICHOLSON.
This was an action of treliass brought by the plaintiff
against an officer of the parish of St. ➢largaret, Westminster,
and the question in issue was whether the mansions, &c., in
Whitehall-gardens, Privy-gardens, and that district, were
rateable to the poor of the parish. It was tried at the sitting
after last term before the Lord Chief Justice, and a verdict found
for the defendant, by which the validity of the rate upon that ex-
tensive property was established, at least as far as that verdict
Was concerned.
Sir J. ScAaLvrr this morning moved for a new trial, and
took a variety of objections, chiefly to the admission of what he
submitted was improper evidence. Hg went at considerable
length into the history of that part of Westminster from a very
early period, and contended that as it had formed part of the
site of the ancient palace of the Kings of England it was extra
parochial, and exempt from all parochial burdens.
The Couar were of opinion that a rule nis i should be granted
upon all the points raised, in order to have the case thoroughly
sibscussed.
COURT

OF EXCHEQI-----‘77-'--/---1. -
(THIS DA.

,
TILLIES V. riirsre
This was an action brought hy a i l'•
which was tried to
-
to recover damages for a violent e-sesaan'an against his Captain,
fore Mr. Baron BOLIAND at the late jtti
arnages.
a verdict was found for the plaintiff; witthnfs in London, when
enol:th February,
The plaintiff was a sailor on 1,-.
—ard th2°l. d
which the defendant was the Captain. on etneAndromache, of
183% the ship was lying in the river at Chart
warping the ship round, and the men were working TheY were
madt the
lass, when the Captain came up and said plaintiftv wind.
ordered him below. He refused to go, and a seume Zak. and
which the defendant seized a handspike and struck sed!n
over the right side of the head which made him plaintiff
That was the evidence of one man who was on board at the.
time. Another witness deposed that he was in a I3oat a-he
of the ship, and saw the captain thrust plaintiff down the
hatchway, when he took hold of a rope with both hands, and
jumped six times on the plaintiff's head. On his cross-exami.
nation, he said the boat was 60 fathoms from the ship; the
deck was eleven and a half feet from the water, and the bulwarks
were other three and a half feet high, yet he saw the fact he
had sworn to, although the plaintiff's head and shoulders
were'all that was above the deck. It was also proved, that
about six weeks after that occurrence he was seized with syn.
copy, &c., a violent discharge from the nose, mouth, and ears,
which, it was alleged, arose from the ill-usage of the defendant
on the occasion referred to.

Mr. J. WILLIAMS now moved for a new trial, on the ground
that the verdict was against evidence. He contended, that part
ofit was exceedingly improbable, and a great part of it was impos-
sible, otherwise the witness must have been gifted with the rare
faculty of seeing very clearly through a stout oaken plank. He
trusted that, as the evidence was so very improbable, that no-
thing could have obtained the verdict but prejudice, he should
be granted his rule without payment of costs. He had another
short point. He offered in evidence the deposition of a
sailor named Dawson, and proved that in the preceding June
he sailed on a voyage from London to Canada, thence to Cork
And then ,t 9 Charleston, from which the vessel was to return
home, but it had not yet done so, nor had Dawson been seen ;
though that was not at all answered, the Learned Judge had
rejected the depositions.
The COURT were of opinion, that upon the latter point there
ought to be a rule ; they would, before deciding the other
Win; consult with the Learned Judge who tried the cause.

BRUSSELS PAPERS.

BRUSSELS, JAN. 11.-His Royal Highness the Duke
of Orleans left Brussels y, stet,' evening at 8 o'clock, to
return to Paris. _ .

The Gazette Van Gend explains in the folowing
manner the return of the workmen to their occupation
" The workmen belonging to the manufactories of Messrs.
Polimann and Fervaeeke, of Bart.de-Hert and Clai
Cock, came the day before yesterday with their masters
before the Council of Feud hommes, of this city. The
workmen who were heard the day before yesterday returned
to their work yesterday, and resumed their usual occtip t-
tions, in consequence of the reconcilia.ion which the Coun-
cil of Prod' hommes has effected between tl,e manufacturers
and their men. Those who were heard yesterday will
retur❑ to their manufactories to-day, and there is every
reason to hope that a similar result will be obtained for al.
A letter from Maestricht says—" For some days past
there has been considerable mortality among the garrison ;
the number of deaths have been 13 per day. The phy-
sicians affirm that it is the Cholera. The great rising of
the waters has done much damaze in the environs of the
fortress. There are some houses between the town of
Sneeermaes, the inhabitants of which have not been able
to go out for these three weeks, the water being five feet
deep before their doors.
In the sitting of the Chamber of Representatives, y es-
t.rday, the Order of the Day was the debate on the budget
of the departments of Foreign Affairs and the Marine.
M. Doignon wished that the Ministry should give some
explanation respecting the return of the plenipotentiaries
to the Conference, and the state of the negotiations, whether
they are deferred or finally broken off, and whether our
affairs are now to he discussed at Vienna or London. He
feared the issue of the negotiations, and suspected that the
Ministry intends gradually to lead the nation to further
concessions.

M. F. de Merode said that the plenipotentiaries had
returned to Brussels only on leave of absence, and
did not see that any inconvenience could re-
sult from this while the labours of the Conferencet
were suspended for a time.
M. A. Rodenbach thought when the German States
had concluded a commercial treaty for twenty mil-
lions of people, when the Prussian Government was
was going to make a railroad to the frontiers of
Belgium; and when all Europe was attentive to this
change, Belgium, as a manufacturing and commercial
country, ought to think of extending its commercial rela-
tions with those states whose system of Tariff duties was
much more liberal than that of France and England. He
asked if the Ministry would send to Berlin a man more
capable of properly representing the Belgian nation, and
of defending our commercial interests.
The Minister of Justice said that the definitive arrange-
ment of the legation to Berlin depended on the vote of
the budget, but that the Government would exert itself to
promote our commercial relations with the German States.
BRUSSELS, JAN. 12.—A deputation from the Magi-
strates of Ghent yesterday presented to the King a peti-
tion, the object of which was to lay before his Majesty
an account of the distressed state of the cotton manufac-
tories in that city, and to indicate the remedies that might
be applied to it.
A deputation from the manufacturers of Ghent has
arrived at Brussels, to lay before the Government and the
bank the statutes of the society which has been talked of
for some days past.
In the Chamber of Representatives yesterday the salaries
of the Ambassadors at Foreign Courts were the subject of
discussion. 58,000 francs being proposed for the Ambas-
sador at Paris, M. Gendebien made a violent attack on
M. Le Hon, who, he said, made many changes which lie
was not authorised to do, and had been of very little ser-
vice in his diplomatic capacity.
M. Nothomb defended M. Le Hon, and the sum of
58,000 francs was voted. 80,000 francs were voted for
the Legation at London, without debate ; and 54,000 for
that at Berlin. The vote of 30,000 for the mission at
Vienna was deferred till Monday. Messrs. Dumortier and
Gendebien highly disapproved of the appointment of M.
O'Sullivan, which was defended by the Ministers of the
Interior, Justice, and Foreign Affairs.—Brussels Papers,
January 13.