The Sun.
London, England, 1834-11-22 00:00:00

SPENCE V. ALEUT.

This was an action tried before Lord DENMAN, at the
Sittings in London, in which the plaintiff sought to recover,
as executor of his brother, the amount of a bill for wines
furnished to the defendant. When the demand was made
the defendant, a lady, wrote to the plaintiff, stating that
his brother had given her credit for twelve months, which
had not expired, but that she should be able to meet his
demand in 1833. On the trial, the plaintiff was surprised
to find that she defended herself from the liability, by put-
ing her daughter in the box to prove that she was married,
and that her mother's husband was abroad. This evidence,
of course, led to a nonsuit. The Master, to whom the bill
of costs was referred, had decided that the plaintiff should
be liable to the costs.
It was now moved that a rule be granted to show cause
why the plaintiff should not be relieved from costs, see-
ing that he sued merely as executor to his brother.—Rule
granted.

COURT OF EXCHEQUER, Nov. 21.

JONES V. DICAS.

Soon after Mr. Baron GURNEY had taken his seat for
the purpose of disposing of motions, Mr. HEATON moved
that a distringas might be allowed to issue against the de-
fendant, who was an attorney, on the following grounds.
The clerk of the plaintiff's attorney had made an affidavit in
which he stated that on a particular day he called at the
cip.eabers of the defendant for the purpose of serving him
with a writ. On going to the house he saw the clerk of
the defendant, who informed him that Mr. Dicas was at
home, but he was so particularly engaged as to render it
impossible for any person to see him. The deponent then
stated the nature of his business, on which the clerk went
into an inner room in which the defendant was. After a
short absence he returned and informed the deponent that
the defendant would see him at ten o'clock on the following-
morning. At the appointed time he was at the house, and
was then informed that the defendant was out, and had
been for some time, and would be absent for several hours.
The deponent and the clerk of the defendant then made a
fresh arrangement for the following day. At the appointed
hour the deponent called, and was again informed that Mr.
Dicas was out, and which the deponent believes was for
the express purpose of avoiding the service of the writ.—
Rule granted.

INSOLVENT DEBTORS' COURT.—Nov. 21.

William Thomas Lyon, an unopposed insolvent, applied
upon his petition to be discharged under the Act. His ap-
plication was supported by Mr. Woodroffe.
Mr. Commissioner BOWEN sentenced the insolvent to
three months' imprisonment from the date of filing his
petition.

In the matter of Charles Mellington the hearing was
fixed for Thursday, but stood over until to day in conse-
quence of the severe indisposition of Mr. Commissioner
Bowen. On the name being called this morning the officer
of Whitecross-street prison informed the Court that the
insolvent had been discharged yesterday afternoon by his
detaining creditor, who-lodged the discharge at the prison.
The attorney for the insolvent prayed the Court to bear
the case. It was one of great hardship ; his client having
endured imprisonment for some time, and been put to con-
siderable expense. He admitted that his client had quitted
the prison yesterday, but was now in attendance.
Mr. Commissioner BOWEN had no jurisdiction, the party
having left the prison.
The attorney instanced a case of a similar nature, when
the party was discharged.
. The Learned Commissioner said it could not be so. He
ordered the insolvent's name to be struck out of the cause
list.

WESTMINSTER SESSIONS.—Nov. 28.

Mr. RAWLINSON was in the Chair in the early part of
the day.
John Young was indicted for stealing at the late fire one
seal, value 11., one brush, and another trifling article, said
to be the property of a person unknown.
Robert Goose, a policeman, found the defendant when
he went into the Speaker's house in one of the rooms, and
saw him put some articles in his jacket pocket. The de-
fendant is a baker. He searched him, and found the ar-
ticles stated in the indictment. The seal is an office seal,
has the King's arms, and the words " House of Lords "
engraved on it, and is used for letters. The brush is such
as is usad by bakers for glossing the cakes with eggs to
make them shine, and there was no distinct proof as to the
other article.
On his cross-examination, by Mr. CLARKsoN, Goose ad-
mitted that he was called " Brixton Bob," but denied that
he had ever been charged respecting a donkey. Mr.
Clarlson told the defendant to narrate his own story, which
he did ; when it appeared that he had been mainly assist-
ing in removing the furniture, and had with some others
taken down drawers in which the property named in the
indictment was, that it fell out on the stairs, and that he
put it in his pocket, with the intention of replacing it in
the drawers ; that in the room were a great quantity of
plate and other valuable articles, and many gentlemen, and
amongst the rest one gentleman whom they called, he be-
lieved, Lord Duncannon, who wore a white hat. He was
encouraging him (the defendant) and his fellow-labourers to
remove the property, saying, " My lads, work on, you shall
be well rewarded." But he had been' five weeks in prison,
and he declared most solemnly that he was innocent of wrong.
The Jury almost immediately acquitted him, after seve-
ral master-bakers had given him a most excellent character
for honesty,

The most monarchical saying we have on record is
that of LoniS XIV., who, on one occasion, when some one
spoke in his presenee of the State, said, " The State 1 c'est
moi;",—" I ara t 1,29 §tates"