The Sun.
London, England, 1858-08-09 00:00:00

ASSIZE INTELLIGENCE,

--...•.--_ __-.

HOME CIRCUIT.—GUILDFORD, AUG. 7.
At the conclusion of the criminal business Mr. Baron
Bramwell sentenced Cornelius Harrington, the Irish
labourer who was convicted of manslaughter, to be kept in
penal servitude for four years. His lordship was engaged
for a very long time in trying an indictment for the non-
repair of a road, and be then proceeded to try common jury
cases, and will continue to do so until the conclusion of the
assizes.
(Before Mr. Justice Willes and a Common Jury.)
COLE V. MASON.
Mr. Laxton and Mr. Howard appeared for the plaintiff;
Mr. Doyle was counsel for the defendant.
The action was brought to recover a sum of money from
the defendant, the balance of a transaction in which the
plaintiff purchased a mare for 32 guineas but afterwards
returned her, to which the defendant pleaded a set off. It
appeared that the plaintiff was a gentleman cf property,
and who in the course of the case was frequently spoken of
as a" fa't" young gentleman, and the defendant is a riding
master and veterinary surgeon at Brompton. In March
last the plaintiff wished the defendant to examine a horse lie
was about to purchase at Rea's repository, and he reported
lt it was spavined, and advised the plaintiff not to

- -
the. _ as spavineu, eee. .....
(From the Birmingham Journal of Saturday.) purchase it. The plaintiff then asked him whether he
The t-ade of this town, like that of the country generally, had a horse that vas likely to suit him, and he showed
remains in such a state of complete wagnation, with scarcely him a chestnut mare which he drove, and eventually
any perceptible change or movement for a period of nearly agreed to purchase for 32 guineas, upon the understanding
two months, that it presents scarcely a feature of any kind that if he did not like her at the end of a week he might
to call for remark. In some departments the home trade is retorts l.er upon paying La for hire. The plaintiff paid
said to show symptoms of more Ufa. tint tee9e itorications of for this mare and took her away, but sent her back two or
reac ion bave before meatiest d themselves, to disappear three days afterwards, stating that she was " a bolter," and
almost as suddenly, and before their effacts had been greatly he ther dere declined to keep her. No settlement with re-
felt. The bulk of the factors' travellers have again r.suincd gerd to the money was come to at this time, but the de-
their journeys, and as a natural consequence there arc more fendant let the plaintiff have another mare called Topsy,
orders coming in than there were a month ago, but these and he used that mare for seven weeks, when he purchased
are so small as to be almost inappreciable, and are barely another horse of the defendant for £33, and the mare was
sufficient to enable the manufacturers to avoid putting the returned. He subsequently applied to the defendant for the
workpeople on shorter time. At present there is nothing
balance of money that was due to him upon the first trans-
stirring in the way of autumn goods; and no stronger evi-
I action, upon which,
deuce could be offered of the languid condition of tine
e homeit appeared, the defendant sent hint
in a bill for the hire of Topsy, charging at the rate of three
trade than the fret of the splendid harvest weather and the guineas and a-half per week tar her, and thus balanced the
abundance of the crops having failed to produce even cheer- account. The plaintiff, however, it appeared, altogether
tut, touch less saeguine anticipations as to the prospects of repudiated the transaction, and declared that Topsy was
the autumn trade. The prevailing opinion appears to be I lent to him, and that it was understood he was to have the
that trade will continue quiet to the end of the year, and in use of her far nothing until the defendant could find a horse
all probability we shall have a brisk trade earlier in the that aas likely to suit him.
spring than usual. Several witnesses were called to make out the case for
Tee past week has been remarkably quiet in the agricul- the plaintiff; and a person who was in the habit of letting
tint distriets, the markets arc almost deserted in cense- out horses at Guildford was also examined, and lie said
quence of the harvest operation', which are everywbere that be considered three guineas and a-half a very high
being pushed on rapidly ; and in the manufacturing dis- charge for the hire of a horse for a week, and that his charge
tricts, so large a number of business men are away on would not be more than a guinea, or a guinea and a half per
summer excursions, that the markets and exchanges have mek.
not more than half the usual attendants. Hence it is that Mr. Justice Willes said be did not think the rate of charge
the country trade exhibits so little progress towards reco- at Guildford for the hire of horses applied very much to the
very, and that not only the factors' travellers' orders, but same sort of thing in Belgravia. He had bim.elf travelled
those received by letter, are so much below the average. It in places where he was provided with two horses and two
may be noticed, too, that the factors' travellers remained at servants, and the whole of them were kept for 23s a-day,
home this Midsummer a much longer period than usual, but this was very far from a general rule.
there being nothing in the coedition or prospects cf the Mr. Doyle, in addressing the jury for the defendant, saidtnan it
country trade to warrant their being in haste to resume appeared to him simply an absurdity to suppose that a
their journeys. During the whole time they remained at West-end of Lon-
who paid heavy rent and expenses at the
home scarcely any orders were coming in ; by the end don, and who got his living by hiring out horses, should
of the second week in last month the factors' books lend one of them without any charge, to a perfect stranger,
were completely cleared out ; and at the present time for such Mr. Cole appeared to be. He then called the de-
tbe great majority of the manufacturers are so closely fendant and several persons connected with his establish-
worked up that they are almost entirely dependent on such meats who swore that the mare was let in the ordinary way,
orders as come in from day to day—a marked contrast when and the transaction was regulatly entered in the books
compared with the last two or three years, during the las a hiring. It was also proved that the ordinary
greater part of which there have been six weeks or two I charge for the hire of a horse during the
months' orders orders beforehand, it being the exception rather don season was at the rate of twelve or fourteen
than ctberwise where this was not the case. But notwith- guineas per month, and the defendant stated that Topsy
standing that the trade of the country remains in this was a highly-trained lady's mare, and that she sometimes
unsatisfactory state, as is shown, indeed, by tie continued earned him as much as three half-guineas in the day for
decline of the merchandise treffic on some of the principal different ladies to ride her in the park. He also said that he
railways, it is pretty certain that here and there traces of charged the plaintiff a rather higher rate, because lie knew
improvement are visible. As regards this town it is slight, be was in the hebit of keeping the horses out late at night
but certainly the number of people out of employment is and driving fast.
trifling when compared with the complaints of the bad Mr. Justice Willes, in summing up, said that the case
state of trade received from all quarters. The out-workers appeared to rest entirely upon the letter "n;" in fact, the
are badly off for employment, but as a rule the men at the only question and dispute was whether the mare Topsy
was
manufactories are making as much time as they have been "let" If they should be of
to the defendant or "lent."
for the last three months; stocks have not been further opinion that she was lent, the plaintiff was entitled to the
increased, and any change now must be in the way of im- whole of the balance due upon the first transaction, but
provement. upon the other band if they should think that the evidence
The foreign trade continues dull, with the exceptions i
, tirade out that she was let, they would then consider whether
referred to in last week's article. The merchants' orders three guineas and a-half was a reasonable charge fallow
rallow
the
lately given out have been scanty ; and the few foreign hire, and if they thought it was too much they
would
buyers who have been in the course of the week have par- what they considered a just sum and deduct that amount
chased goods only to a very limited extent. The advices from the plaintiff's claim.
received from South America this week are more favour- The jury found for the plaintiff, damages £l6 lle., the
able, but the leading markets being still overstocked with effect of the verdict being that they were of opinion that the
goods, and monetary concerns not in a very satisfactory mare had been let, but they reduced the charge for the
state, the orders received are light. With Old Spain trade h* • from three guineas and a half per week to about a
was Utterable, good at the early part of the year; it is now hiring_
in a languid state. guinea and a half.
His Lordship refused to certify that the case whs a proper
There has not been any change in particular branches of one to be disposed of in a superior court, and said that the
trade to call for special notice; the plating and Britannia matter might very well have been settled in a county court.
metal trades are dull, and the tin-plate workers are less The following causes were disposed of by special juries :
actively employed; the foreign demand, which has been
good ter many months, having fallen off of late. For HADLOW V. THE GENERAL STEAM NAVIGATION
COMPANT•
builders' ironmongery generally the orders are small ; and
in gas-fittings the amount of business doing is inconeider- Mr. Edwin James, 0•C -•'' and Mr. Laxton were counsel
able. for the plaintiff; Mr. Montagu Chambers, Q.C., and Mr.
In the district there are no signs of improvement in any Watkin Williams appeared for the company.
of the manufacturing trades; the lockmakers.of Willenhall This action arose
out of a very terrible accident that
are very badly off for work ; and the rapidity with which toek place on the river on the night of the ]Bth of
.
orders ibr hollow ware are executed is pretty good evidence November last, when a barge called the William Loot, of
of the state of that branch. The foundry trade continues which the plaintiff was the master, was run down by the
inactive, as it has been for the last two or three months. Triton, a vessel belonging to the defendants, and his wife
The iron trade continues very much depressed, and an and three children drowned, he himself and the mate
opinion is gaining ground that it would have been better to escaping in an almost miraculous manner. Two actions
have tried the experiment of a reduction of Ll per ton on all were brought against the defendants upon these facts, one
descriptions of finished iron, the more especially as some of being to recover damages for the loss of the services of his
the leading firms have abandoned the attempt to adhere to wife, and tire other for the loss of the services of one of his
what are called the trade prices. It being pretty generally sons, a lad 10 years old. The defendants paid £7310•. into
known that some of those who concurred in the resolution court as an answer to theft:st action,
and to
to tbe second they
passed at the Stewpotrey meeting have been selling at 109. pleaded that the plainti had not sustained any loss, and
below the rates at that time refixed. It has been stated in consequently denied tbetr liability.
the course of the week that some of the best brands of The evidence in the first action went to show that the
manufactured iron have been sold full 10s. per ton below barge in question belonged to Hacersham, and that the
the trade scale; and a very good make of bars commands plaintiff was in the habit of navigating her to
the
not more than £7 in the market. In these circumstances plecce up the river, and the arrangement with the owners
i a general reduction of prices appears to be inevitable, and I was that he should receive half the freight and fled the
perhaps it may be better for the trade that a resolve of that labour. His wife was in the habit of accompanying him,
kind is not delayed un it the end of the quarter. A great and it was alleged that she was of great assistance in nevi-
number of the men usually employed in connection with gating the barge between the bridges, and that she saved
the trade of the district have taken to harvest work; others 1 the plaintiff from hiring another man at an expense that
have gone into the militia, so that although there are so would hate amounted to sever al shillings per day upon each
many furnaces out of blast, and matey of the mills and vovage. It was upon the ground of these services by the ,
forges are not doing more than half work, the number of ; wife that the plaintif a,ked for damages from the defethatndants the
. 1
men out of employment is not nearly so large as might be ' Mr. Jus'ice \Ville., in summing up, told the jury
expectcd, neither has the prot's rates been sensibly in- . law only gave thetn power to allow damages for the actual
creased. injury that was sus ained, clad they were not allowed
I
The price of pig iron is nominally at £3 103. for best hot , ro take into consideration the wounded feelings of a party by
blast ; hut the demand is not equal to tire make, and sales , the less of a dear relative in such a manner. Tee only ques-
are constantly taking place below that quotation. The price I in for "sirconsideration,
therefore,
was whet
fuhrer
he £73
loss 10e.
of ironstone is rather lower. was a sufficient compensation plaintiff tof
The reports relative to the metal market are to the effect the services of his wife.
that there has been no improvement in the demand ; there The jury, alter a short deliberation, returned a verdict for
is an entire absence of anything like speculation, whilst the plaintiff, raising the amount of damages to be paid alto-
consulter` and shippers continue to buy only for immediate geiber to EVA.
wants. The export of iron from Scotland amounted in the lIADLOW, ADMINISTRATOR, T. TIIR GENERAL STEAM
first six months of 1857 to 305,765 tons ; during the same NATIGATION COMPANY.
period of the present year to 334,559 tons. The export of
tin plate:4 from Liverpool during the second quarter of this .. •
year was 223,928 boxes, against 104,440 boxes in the first '
quarter.
(From the Afancheater Guardian cf Sa'urday.)
MANCHESTER Friday.—The sellers of yarns report the
mar het a- quiet, but not at all lees firm than it say on sage- This was a second action arising out of the same trans-
a action, ,soton recover . . _
of the plaintiff.
damages for the loss of the services of the
The case on the part of the defendants was that the plain-
tiff could not bane sustained any real loss of services by the
death of so young a child ; hut evidence was adduced to show
that he was a strong lad who made himself useful on board
day. Taking the whole week, the aggregate business in the vessel, and that he was also able to write and to keep
the middle and lower counts of mule and water is far from accounts.
incosiderable. The principal buying has been in bundles The jury returned a verdict for the plaintiff—damages,
and warps of water twist up to 30's for exportation, and in L.
u
Indian qualities of mule. The prices paid fcr all these, a;
well as for epinnings for home consuniptien up to 40's in
the warp and the cap, are genera le- ad. per lir. above
such as e ere practicable on Tuesday neck. This may be
rega•ded as about the vett-age advance. Some doubled
yarns ie ye gained a small fraction. The Bolton spinners
of single are ,te ugglira fer a little more, and at it t i partial
S,.CCe s 4. The Eastern advises, commercial and political, hag e
le 1 to an inert ased demand for eflittings, at sllgtely better
prices than these of last week. Fair rat chases ( f :36-inch
shit tings have taken place on tire full previous terms. There
is a good deal of complaining about the dullness of some de-
scriptions of printing cloths; while others, especially the
Lehrer one., gget(Al' fairly at the quotations. For lc:tug-cloths
arid most kinds of T's the demand Las latterly been less ac-
tive than it was some wet ks back ; bu', as stocks do not
accumula e in a. y net:mane degree, prices remain steady.
The better domestics ere firm under a firm deteetul. In the
Lome-bade warehouses there is a fair business in progress;
and in all departments r f our market, except fine spinning,
there is a slow but perceptible tendeucy to improve. Even
in seine fine yarns there his lately been that symptom of
appreaching or expected improvement which is affarded by
a few speculative purchases at depressed prices.

OXFORD CIRCUIT.—MoNmounf, Aug. 7.
CIVIL COURT.
(More Mr. Justice Hill and a Special Jury.)
THE QUEEN V. FOX.
Mr. Skinner, Q.C., and Mr. Scotland appeared fur the
prosecution; Mr. Sergeant Flgctt, Mr. Phipiern, and Sir I'.
Phillips fur the defendant.
Ti is was an indictment found at the last assizes, and
which charged the defendant, Chat les Burton Fox, the clerk
of the justices of Newport, with a misdemeanour. The in-
die'ment was removed to the Ceurt of Quren's Bench, hat
certiorari, and was now sent d .w n for trial, on the eisil
Side by a sp cial jury. The defendant was partner with
Mr. C..41;1es Brother°, the clerk of the peace for the county
of Munenouth, and the parties carded cn business together
as attorneys and solicitors at Newport, and shared with one
another the fees which the defendaet, Mr. Fox, received as
dell( to the barough justices, and also those which Mr. Pro-
thero received as clerk of the peace fur the county. The
question intended to be raised by the present indictment
was, whether the defendant, Mr. Fox, could legally hold
the office of clerk to the borough justices, and this depended
upon whether or not he was " by himself, or by his partner
directly or indirectly interested or employed 'in the prose-
cutionlof offenders committed for trial by the justices,"
contrary to the 2d proviso to the 102 d section of the muni-
cipal Corporations Act (sth and bib William IV., c. 76).
The question in dispute arose out of a desire by tie town-
council of Newport to cut down the defendant's salary, and
commute his payment by fees for a _fixed Income; and it
had already been the frequent stilject of litigation in the
Court of Queen's Tench; first, by en application for a
criminal information against the magistrates, then by a
madanics to the justices not to employ the defendant,
and lastly, for a quo warrant° calling upon the defendant
to show by went au hotity he exercised the office.
On all these occasions the applicants had failed to raise the
real question which they were anxious to try; but at length
they pit on the course of indicting the defendant, which
resulted in an agreement that a nominal verdict should be
taken for the Crown, and that the question iu dispute should
be nised in the form of a special cu-e for the opinion of the
Court of Queen's Bench. The question will thus, at some
future tints, be put " a train," as it is called, for deci-
sion; but, as it was a part of the arrangement that it should
be without prejudice to the defendant's right in a writ of
error, it will probably be some time before the question in
dispute avid be finally disposed of. There will probably arise
the nice and interesting question whether the costs can be
paid out of the borough fund ; but, as this questioe pr .bahly
has not yrt excitdheree anxieties of ;he ra er ayus, tt e sug_
gestion of it may ODFideted premature and out of place.
As fte question in dispute in this case, which appears to
have excited great local interest, Is not without a degree of
general importance, as being connected with the administra-
tion of justice, we proceed to give a brief outline of the case
proved to-day in evidence.
The Municipal Corporations' Amendment Act, the sth
and 6th Williatn IV., cap. 76, by tbe 102 d section,
that,
" It shall be lawful for the justices of every borough to
which a separate commission of the peace shall he granted
as aforesaid, at their first, or any other meeting, and they
are hereby respectively required, to appoint a fit person to
be the clerk to the justices of such borough, to be removable
at their pleasure, and so as °Pen as there shall be a vacancy
in the said office of clerk to the justices by death, resigna-
tion, re novel, or otherwise ; providA that it shall not be
lawful for the said justices to appoint or continue as such
clerk to the justices any alderman or councillor of such
borough, or clerk of the peace of such borough, or the part-
ner of such clerk of the peace; provided also that it shall nor
be lawful for the said clerk to the justices, by himself, or his
partner, to be directly or indirectly interested or employed
in the prosecution of any offender committed for trial by the
justices of whom lie shall be such clerk as aforesaid, or any
of them,
6e sio
tai tsany
oo dc couoryt opfe
rso gaolu id)eeilnivger
I o
n,
alderman
dgeneral,oo
rr quar-
tercoon,
aselerkof the peace, who shall act as clerk to the
jostle s of such b
sumpr premises,
oi sf e , 0 shalloi
one moiety
borough,. to be paid over to
onireoovuieergt;ry, , or shall otherwise offend in
suchthehe
eoufffet
credit
on c
thee
a forfeitntdrc o,aiand
account poafoy rhea
ft h
suete
obof,rowuitghliffoulnidcoolsuocfhsobito,rotougah, and the other moiety there'
e
same in any of
his
Majesty's
neyoupretro
isoefe wrehcoorwdilalt
ster." sNuVet sfot nor ti
nh

(From the Lceds Intelliginccr of Saturday.)
The markets in the several halls have been only quiet,
but business in the warehouses has shown a decided
mime
during the week, and the tone gtnerally is more
healthy and cheerful. Many buyers have been in the
ome of whom have purchased freely, and among
market, s
them are several buyers from the Continent. Fancy goods
are still in favour, but black cloths, brown and blue Witneys
and Petersham have been chit fly inquired for. The amount
of businessdone generally last month is so far below the average
as to 'ewe a large rwtrAin for operations in August if the
winter demand is to be ct Ihe ordinary character. It is, how-
ever, vssible that the trade may fall a month or six weekslater
still. The question of price begins to be a difficulty, the
advance beieg chiefly on low wools, which are mainly in
demand, while fine wcols stand nearly the same r,s before.
Manufacturers find that in low and medium qualities they
cannot make a living profit at present rates, whilefromjustifying nier •
chants declare that the prospects of trade are very
far indeed
haveany altuermatainony
customers. The tone of the wool sales night
any advance ; besides which engagements
ocrtehse Ukeinend cetniurleodothibte°
very firm,
Itehree
ds efarsoomn , a
theirnd
after night is
tendency seems upward, but it is doubt-
ful if the actual
that generally stated.
advance hithetto paid has been equal to

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The indictment, which was framed on the second proviso
in the above section, allezed that on the 17th of February,
1836, a separate commission of the peace had been granted
to the borough of Newport, and that on the 30th of June,
1834, the defendant, Charles Burton Fox, was appointed,