The Sun.
London, England, 1860-01-13 00:00:00

LAW INTELLIGENCE.-(TUIS DAY.)

ROLLS' COURT.
(Before the Master of the Rolls, Sir John Romilly.)
JUDGMENT-TENNANT V. HOOD.

'rids was a question as to the priority of payment of costs
of suit to the parties.
His Honour considered that he had no power to order the
parties to appear by ono solicitor where only one set of costs
would have been incurred ; and whe e they appeared by
separate solicitors that was no reason why they should not
be paid their costs. His Honour directed the order of
priority in which the costs should be paid to the parties.
The interest to be paid on the same principle.

HA.SLEWOOD V. GREEN.-JVDGMENT.

This was an administration suit under the will of the late
Mr. Green, of Stockport. The contention was whether his
grandchildren by his deceased daughter or his next of kin
were entitled to the residue of his property.
His Honour divided it into eight parts—five-eighths to
the issue of his daughter, and three-eighths to the heir at
law. Costs to come out of the trust estate.

COURT OF EXCHEQUER.
(Before Baron Bramwell and a Special Jury.)
MATSON V. SKENE-LIBEL.

This was an action broueht by General Beatson, who for
some time held command of the Bashi-Bazouks in the late
Russian war, against Mr. Skene, now vice-consul at
Aleppo, for libel.

Mr. Edwin James, Q.O , Mr. Hawkins, Q.C., and Mr.
Grey appeared for the plaintiff; and Mr. Bovill, Mr. Lush,
and Mr. Garth for the defendant.
From the opening statement of the learned counsel for
plaintiff it appeared that in 1854 the plaintiff made a pro-
posal to Lord Clarendon and Lord Panmure, in consequence
of his experience in the government of irregular troops, to
take command of a body of Bashi-Bazouks. The proposal
was entertained, and Gen. Beatson was directed to proceed to
Constantinople and communicate with Lord de Radcliffe. On
his arrival in Turkey the gallant general, having completed his
arrangements, left for the seat of war, and was present at
the battles of Balaclava and Inkermann. In consequence
of certain proceedings, General Beatson tendered him resig-
nation, which, however, was not accepted at the time ; but
he was ordered to join General Vivian. General Smith
afterwards came out ; but although he (General Beatson)
did not receive official notice to transfer his troops
to General Smith for more than a month after his
arrival, he was well acquainted that it bad been decided
that he was to do so. After the command had been given
up, General Beatson learned, and this was the libel com-
plained of, that it had been asserted by some parties that
he had sent round a sort of round robin to the officers lately
under his command, recommending them to refuse to serve
under Gen. Smith, theraby nearly indueingmutiny ; but two
of the officers present, named Shirley and O'Reilly, left the
room expressing their strong dissent to any such proposal.
An inquiry took place into the charges he made against
Shirley as he (General Beatson) imagined he was the person
that had made the statement, but nothing satisfactory be-
came known as to who was the propagator of the slander
until some tine after, when General Beatson happened
by accident to meet a friend in London, who
told him that the defendant, who was, at
the time the assertion was made, vice-consul at Constanti-
nople, was the person who had uttered the libel of which h•
complained. The learned gentleman went at great length
into the whole of the circumstances connected with the
case, and concluded by calling the gallant general into the
witness box for examination.
The case is not at all likely t 3 conclude to-day.

SHERIFFS' COURT.
(Before Mr. Kerr.)
TRU LAW OF MASTER AND SERVANT.--CHAPMAX V.

MITCHELL.

This was an action to recover a sum of money as com•
pensation for alleged illegal dismissal. Ten shillings were
paid into court.

Plaintiff said that she had acted for some time as fore•
woman to the defendant. On Thursday, the 18th Nov..,
plaintiff was taken ill, and on Friday received a message
from defendant, stating that he was very slack, and that she
had better stop away for a week or two, and he would send
for her when he wanted her. She was paid the ten
shillings, the wages for the week partly served•
On the following Monday she was so much better that in
the evening she called upon defendant and said " Good
evening." He said nothing about her going to work. The
next Monday she again presented herself, and again de.
fendant merely answered her salutation. She called about
a fortnight after that, and then defendant told her he
should not employ her again.
Mr. Buchanan cross-examined the plaintiff as to whether
she had not been told to lay up for the week, and whether
the 10s. paid in had not been tendered to her, but she
firmly adhered to her statement of laying up for a week
or two, and denied that she had been offered the 10s.

Mr. Buchanan then urged, on behalf of defcatdant, that
his client had behaved with great liberality to plaintiff.
His Honour—There is no occasion to put it on that foot•
ing. Wages are payable during sickness.

Mr. Buchanan—l think that it will be very hard upon
manufacturers if they are bound to pay their servants for
any time they might stop away oven if it were by panto'
sion.

Defendant was then called and said that plaintiff had dir•
charged herself. She had thought proper to stop swill
three weeks, and there had been no intention to give het
notice.

His Honour found for plaintiff for £1 in addition to 010
10s. paid into Court.

IMMORALITY A GOOD GROUND FOR DISMISSAL.-TLYLOS

V. VAUGIIAN.

This was an action to recover 125., one week's wages
actually earned.
Plaintiff said she had worked at defendant's warehouse
up to a certain Thursday night, and then defendant followed
her out into the street, and told her he should not requir'
her services any more. She had subsequently applied for
her wages, and payment being refused she brought the pro'
sent action.

Defendant said that plaintiff had not earned a full week')
wage. She had not conducted herself with the greatest
propriety in her situation—she threw her cloths. over at.
men's knees. (Laughter.)

Plaintiff—Oh, oh ! I didn't. (Renewed laughter.)
Defendant—Then on the Thursday night she has men•
tioned a man was waiting for her outside, and I didn't thinly
it proper. Her husband has deserted her. _ _.

His Honoux—Well, immorality is a good ground for dig•
missal.

Plaintiff—No, it is not. (Laughter.)
His Honour—But it is, although it is no ground for re'
fusing to pay wages earned. Enforce the moral law, de
apnaiye dwtahgaets. shedue. had acted in the manner ink'
pu ~
well, you will get your money, and
fenrdlanaint,tibffudt
Histed bHyotnhoeudr—efevnedryant.
costs for your attendance.

POLICE INTELLIGENCE-(THIS DA F.)

THAMES.
BURGLARY SINGULAR CASE..--- George Andrews, $
well-known thief, about 22 years of age, was brought before
Mr. Yardley, charged with burglariously breaking and
entering the dwelling house of Mr. Thomas Duke, No. 26 P
Bower-street, Commercial-road East.
Mr. James Duke, the son of the occupier of the hottset
said that he sat up very late last night in hi■ bedroom
reading a newspaper, and after finishing the perusal of it
he threw it down on the floor and went to bed. Soon after'
wards he heard the rustling of the newspaper on the floor,
and thought a cat was in the room. This continued et
intervals for two hours, and every time he heard the
rustling of the newspaper he called out - " S't, cat; ge $
out, cat." Soon after three o'clock this morning be
again heard the rustling of the newspaper on the
floor and again called out to the supposed cat. Directly
afterwards he heard some one leave his room and run desert
stairs. He leaped out of bed, and called out "police
thieves." He heard some one open the street door and
leave the house, and continued calling out police. In two
minutes afterwards the prisoner, whe had no shoes on, wag
brought back to the house. There was an area and high
railings in front of the house, and upon examination of the
premises he discovered that a stout cord had been fastened
to the railings, by which the thief had descended into the
area, broken a pane of glass, and removed the fastening"
of the kitchen-window. There were shutters to the window'
but they were not fastened, and the burglar, after loosening
the catch of the window, had no difficulty in obtaining
admission to the kitchen.

In answer to questions by Mr. Yardley, the witness said
that the only thing removed was a pair of spectacles from
the kitchen table. They belonged to his mother. They
were returned to him this morning by a lady who picked
them up in Bower-street. The footsteps on the stairs, as the
burglar descended from the bedroom, ware those of a per-
son who had no boots or shoes on.

Michael DenoVan, a police constable, No. 212 K, said
that, at half-past three o'clock this morning, he heard an
alarm, and cries of "Thieves 1" and " Police I" in Bower'
street, He saw the prisoner with his boots in his hand
running towards the Commercial-road. The prisoner, why
came towards him, said, " He's gone that war,"
and pointed towards the prosecutor's house. Wit-
ness stopped the prisoner, who repeated severs
times, "He has gone that way, policeman.'
At that moment the prosecutor called out, " Stop him,
and he took the prisoner to the station-house and searched
him. He found some lucifer matches, and several house
breaking implements on the prisoner.
The prisoner was committed for trial.

FIRE AT MILLWALL.—Last evening, at half-pa 4
six o'clock, a firo broke out at the saw mills on the premise°
of Messrs. Scott Russell and Co., ship builders of Mills''
An alarm was instantly given, and fortunately the recentif
formed fire-brigade, under the direction of Mr. Roberti
(from Messrs. Brown and Lenox's Anchor Works) vr°
quickly on the spot, and a good supply of water being
available from the mains in the yard, the flames were O.
tinguished without the disastrous results which were at oils
time anticipated, from the quantity of timber, dm., near.