The Sun.
London, England, 1867-01-29 00:00:00

LAW INTELLIGENCE—This Day.

COLRT OF EXCHEQUER.

(Sittings in Banco, before the Lord Chief Baron and
Barons Martin, Channell, and Pigott.)

JUNIPER V. TEE VESTRY OF BERMONDSEY. - LIABILITY

OP VESTRIES.

In this case the plaintiff, Sarah Juniper, brought an
action to recover compensation for the death of
her husband , through the alleged negligence of
the defendants, who merely pleaded not guilty.
The jury found a verdict in her favour, and
assessed the damages at £875. It appeared at the trial
that the defendants, in their public capicity, were bound
to keep the parish in repair, and were empowered to make
a rate for the same. They entered into a written contract
with a certain firm to repair the sewers in the Blue Anchor-
road, Bermondsey, but that firm failed to perform the works.
The defendants thou undertook to do them themselves, and
employed labourers piecemeal fur that purpose. Some
planks and mould were placed in the road without, as the
plaintiff alleged, the necessary precaution of railing to
thorn, or lighting the place. The consequence was, that
during the night-time the plaintiff's husband met with the
accidept which caused his death. The defendants thou
moved for a non-suit, and that a verdict should be en-
tered for the defendants, oa ;the ground that they
were not liable as a public body to pay compensation
for the acts of their servants the same as private parties.
The case was argued at great length before the court prior
to the retirement of the last Lord Chief Baron, and deci-
sions were given by the House of Lords and the Court of
Error, laying down a rule adverse to the ground on which
the defendants rested their plea of non-liability.
The case was argued to-day before the court.
Mr. M. Chambers, Q.C., Mr. Philbreck,:and Mr. T.
Atkinson, jun., were counsel for the plaintiff, and Mr.
Sergeant Hayes, Mr. Mundell, and Mr. Alfred Wills for the
defendants.

The Court unanimously decided against the defendants,
and, therefore, the verdict stands good.

COURT OF PROBATE AND DIVORCE.
(Before Sir J. P. Wilde.)
SMITH V. TEBBELL-JUDGMENT.

His Lordship gave judgment in this case, which pre-
sented some peculiar features. It was a suit in which the
plaintiff propounded the will of a Mrs. Thvraites, who died
possessed of a very large property. The plaintiff claimed to
be next of kin of the deceased as her sister, and this was
disputed by the defendant, who allegll that there never
had been any marriage between the parson stated to have
been the father of the parties and their mother. The
deceased had always acknowledged the plaintiff
as her sister, and by a deed executed shortly
before her decease she spoke of her in that
relationship, and this acknowledgment by a reputed rela-
tive was held at common law to be a proof of an alleged
pedigree. There was nothing in the present case to show
that the legal conditions of that acknowledgment has not
been fulfilled, and therefore the Court was bound to pro-
nounce in favour of the plaintiff. The circumstance of no
prpof of the marriage or oven the existence of the reputed
father could :not affect the .plaintiff's claim, which was
established according to law.
The Queen's Advocate applied for costs against the de-
fendant, which the court allowed.

CRIMINAL COURT—This Day.

OLD COURT.
(Before the Recorder.)

Thomas Carmon surrendered to an indictment charging
him with wilfully making a false declaration by represent-
ing himself as the proprietor of the South London News
and Croydon Free Press, and also that both papers were
unencumbered, those representations being untrue, one—
the south London News not being registered, and the
Croydon Free Press being registered in the name of the
prisoner's sister.

The evidence in this case was very complicated, but it
appeared that the declaration had been made in order to
enable the prisoner to effect a mortgage to a oertain extent
on the property.
The jury returned a verdict of guilty, but recommended
the prisoner to mercy.
The Recorder sentenced him to two months' imprison-
ment.

NEW COURT.
(Before the Common Sergeant.)
DEFRAUDING THE EARL OF DERBY.

Heary Phillip Dashwood Arthy, who pleaded !guilty to
a charge of forgery and fraud upo❑ the Earl of Derby,
was brought up for judgment.
Mr. Poland, who appeared on the part of the prosecution,
said the prisoner had committed a most scandalous fraud,
and had used the name of a lady, who was well-known,
viz., Mrs. Chisholm, for promoting female emigration. The
prisoner went to Clifton, and having stayed for a short
time at one of the principal hotels, during which time he
wrote the letter in question to the Earl of Derby,
asking from the Government pecuniary assistance,
as she stood at that time greatly in want of

funds. The letter referred to the bervice she had
already rendered in the endeavour to better the circum-
stances of the industrious population, by facilitating and
assisting them to emigrate to Australia, she accompanying
them on the voyage, and on their arrival in the colony
making such arrangements for their accommodation
that ultimately led to their final settlement in
comparative comfort. The Earl of Derby, on
the part of the Government, forwarded a letter
in acknowledgement, containing a draft for £lOO,
to the address given in the letter, and the prisoner then
procured the letter and got it cashed at Messrs. Grindleys,
forging the name of Mrs. Chisholm. In the year 1864 the
prisoner attempted to obtain money, representing that it
was to assist a poor woman. The prisoner wrote from Liver-
pool to Mrs. Gladstone, the right hon. gentleman's mother,
who was one of the lady patronesses of several charities in '
the town. The fraud was discovered, and the prisoner
was given into custody for attempting to defraud, but the
prosecution was not proceeded with. The prisoner had
been previously convicted and sentenced to 18 months
for obtaining a military suit.
The prisoner, on being called upon, said ho was not the
only guilty party, being only one of a gang.
The Common Serjoant sentenced him to 10 years' penal
servitude.

POLICE INTELLIGEffCE.—This Day.

MARLBOROUGH-STREET.

A CLEVER AMATEUR DETECTIVE.—ROBBING A SAILOR.
—Jane Emily Watson, a showily-dressed young woman,
was charged before Mr. Tyrwhitt with stealing a gold
watch and chain of the value of £3O, the property of
James Thompson, a sailor, residing at Chingford, Essex.
S
hteorerj a young German, residing in Broad-street,
justice, said—A little after 12 o'clock this
Golden-square, and who has several times brought
offenders
morning, I was in the Haymarket, and saw the prisoner in
company of a gentleman the worse for liquor. I watched
them, and saw the prisoner take the gentleman to the
White Bear public-house, in Piccadilly, where the
gentleman gave her something to drink, and paid
for it with half a sovereign, and received the
change. Tho prisoner then took the gentleman
down the Haymarket, and put him into a Hansom cab and
got in herself, and told the driver to go to Compton-street.
I jumped up on the back of the cab, and wont with it to
Compton-street, where the prisoner stopped the cab and
get out and went with the gentleman into a house in Doan-
street. I waited outside the house, and shortly after the
prisoner came out in haste, having a beer jug in her hand.
I asked her what she had done with the gentleman, and
sho said that he was asleep on the sofa, and that she was
goin
• gto get him something to drink. She asked me to go
and have something to drink with her, and so as not to
lose her I did so, and as sho did not ask for the beer I
asked her whether she was not going to get some. Sho
then said that sho was going to Foley-street to get some
broth, and sho went towards that street. I followed her,
and on her seeing a constable in Great Portland-street she
spoke to him complaining of my following her, and asking
the constable to get rid of me. I then went up and spoke to
the constable tolling him that I suspected she ,had robbed
a gentleman in Dean-street, and while I was doing so, the
prisoner tried to get away by getting into a cab. The con-
stable then took the prisoner to the station, and upon her
the watch and chain were found. The gentleman they
belong to is in court.
Prisoner—Did you not say that you were a detective ?
Witness —No. _

James Thompson, the prosecutor—l am a sailor, and re-
side at Chingford, Essex. I do not remember anything
that occurred to me last night. The watch and chain are
my property, of the value of £3O.
Mr. Tyrwhitt—You are lucky to got thorn back.
Police-constable, 113 E—l took the prisoner into
custody, and the prisoner, on Sherer speaking to me,
hshaend lefte
c darmoe
ne
of
a it sofa.
thewatch i
n a and
house chain,
in Dean-street, told her to
take stating that a gentleman

Sheror— The prosecutor was very drunk last night. 1
wont to the hotol this morning.

The prisoner prefering to bo dealt with by the magis-
trate, Mr. Tyrwhitt said he had no doubt about the case
whatever, and committed the:prisoner for three months,
with hard labour.