The Sun.
London, England, 1858-02-17 00:00:00

LAW INTELLIGENCE.—(This Day.)

ROLLS COURT.
(Before the Master of the Rolls, Sir John Romilly.)
HAYWOOD V. COPE.
The plaintiff in tbis case filed his bill for specific per-
formance of an agreement for the lease of a coal mine of
two or three feet ream of coal at Bankend, county of
Norfolk. The defendant pleaded that the veins was
unprofitable, that it did not pay the cost of working,
that the seam of coal bad dwiuoled down from three
feet to two or three inches.
His Honour the Master of the Rolls was of opinion
that the plaintiff was entitled to specific per-
formance of his agreement, that there was nothing
in the defendant's objection to the lapse of time in filing
the bill, and that his Honour could not give any abate-
ment of rent, on the ground that the mine was unprofit-
able. His Honour, in support of his opinions, referred
to the case of White against Damon and Valley, decided
by Lord Eldon ; and also the case of Burgess against
Leath, and the opinions of Sir Joseph Jenkins and Sir
John Leech in that case.

His Honour decreed specific performance of the agree-
ment for a contract of lease of the coil mine in question,
with costs up to the hearing of the cause, and reserved
consideration of farther costs.

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)

TRE DUTIES OF AN ITTORNEY.-81,111T0N V. MILIAN.
Mr. Head appeared fur the plaintiff, and Mr. Philp
for defendant. Plaintiff's solicitor applied fur an adjourn•
ment, as a witness, whose evidence was material to his
case, was absent. A. subpcsna had been issued, set•
vioeable by the Bloomsbury County Court, and as no
service had been returned, and he (Mr. Head) did
not see the witness present, he therefore asked his
honour t) adjourn the ca,.e.
His Honour—With all deference, I have to say
that, in my opinion, it is the duty of a solicitor to
have communication with his witness. You might per.
son4lly have served the witness with a subpostia, and I
shall not admit such pleas for the future, unit se the person
applying agrees to pay the adjournment fees. It is the
duty of a solicitor to see that all the witnesses and
persons to appear in his case are in attendance.
Mr. Philip then said, on the part of the defendant,
that not having been furnished with the date of the
goods (one looking glass) supplied, he had now to apply
for an adjournment, as the goods in question might have
been supplied seven years ago.
Mr. Head tendered evidence, but his Honour thought
Mr. Philip's applicatioa was a reasonable one. He
thought he was entitled to an adjournment, and as
to costs, he did not think be could grant them.

POLICEaI INTELLIGENCE.— (This Day).

MA RLBO ROUGH-STREET.
A BRUTISH HUSBAND AND FATHER. Thomas
Elebury, a journeyman bookbinder, was charged
before Mr. Beadon, with cruelly ill-tiling his wife
and chtldrer. Mary Elebury, the wife, a respect-
able, mild-looking woman, said oho was compelled to
leave her husband about four months ago, because of
his violence towards her. A few days back he returned
to where she now reside,, 45, Albemarle-street, an
empty house which she had been placed in care of, and,
promising to behave well, and not beat her again,
she consented to his coming home to her, and be
came accordingly. About nine o'clock, yesterday
evening, he came in drunk and called for tea, she
said "yes," and instantly prepared to get it. He was,
however, very impatieet, and beginning to abuse her,
she asked if he would have anything else. He refused,
and without anything else being done or said suddenly
sprang toward, her. One of the children screamed when
he seized hold of it (a girl) by the hair of her head and
swung her completely round the apartment. She
(complainant) interfered when he struck her a very
violent blow which knocked he: down, and then seized
her by the hair of her head, pulling the large
bunch of the same, which she now produced, out by
the roots. The children cried "Murder," and screamed
for help, when he flew at them and beat them also. At
this moment some persons who had got the door open
came to their assistance. If this bad not beeen the case
complainant believes he would, in his drunken fury,
have committed murder. The while this ill-usage was
going on his language was very bad and abusive.
Police-constable C 167 saw a mob of about 200 persons
round the door in Albemarle-street, drawn by the cries
within the house. The door was open and witness
entered and went up to the room in which the family
was, where he found the prisoner brandishing about a
poker. The wife's hair was lying about the place and
loose on her face. The cbildren also appeared to have
been most ill-treated, The prisoner was drunk. Her eldest
child corroborated her mother's evidence, and said he
was frequently in the habit of heating her.
The prisoner said he had had some wards with his
wife on the Mouday evening in Holborn while on his
way to his club, and she did not come home all night.
The wife explained that she had been compelled to go
where she went, and he locked her out. He was out
of work, and had Sa. 6d. per week from his club, oat
of which he allowed her but ls, per week for support.
He had sometimes turned her out in the street at 3
o'clock in the morning.
Mr. Beadon Laid it was monstrous ill usage, and he
should sentence him to three months and hard labour.

THAMES.
ASSAULT ON A MAN IN POSSESSION.--Wm. Morgan,
a labourer, was brought before Mr. Yardley, charged
with assaulting Richard Gill.
The complainant, a very big man, said he wag pat in
possession of the prisoner's dwelling in Rich street,
Limebouse, yesterday afternoon at three o'clock, and
at nine the prisoner came home intoxicated and mad, a
disturbance. He sent for a policeman to silence him,
and went into the passage of the house to get out of the
prisoner's way. The prisoner followed him, and said he
wouli have no brokers iu his house. He remonstrated
with the prisoner, who became exceedingly violent, and
struck him a violent blow on the side of the head. He
had been in great pain all night, and bled twice from the
nose.

Another "man in possession " confirmed the stete
went of Gill, and a broker said he levied on the pri-
soner's goods and chattels for arrears of rent due to
Mr. Tindall, agent of the landlord.
Mr. Yardley—Where is your warrant ?
The Broker—l have left it in the prisoner's dwel•
ling with the man in possession.
Mr. Yardley—You should have brought your warrant
here. There is no evidence to show that
Gill wag not
a trespasser, but trespasser or not the prisoner bad BO
right to strike him on the head
The prisoner said be only pushed the man in possession,
and the cause of it was a drop too /ouch.
Mr. Yardley—If Ulu broker had his warrant here, and
it was clearly proved that Gill was not a trespasser, I
should have punished you very severely. I fine you 1.05.,
and in default 7 days' imprisonment.