The Sun.
London, England, 1858-11-29 00:00:00

NORRIS.

This was an application for a new trial. The particulars
of the former trial have appeared in this journal. The
claim was for some deficiency in a case of wine sold by
defendant at his public sale. On a former occasion plain-
tiff obtained a verdict, and now defendant sought for a new
trial on the following grounds :—That by the terms of the
contract plaintiff should have laid his complaint within one
week froni the day of sale. That the plaintiff had paid the
duty—and that defendant had diselosed his principals upon
complaint being made. Plaintiff did not lay his complaint
until two months after the day of sale. Plaintiff insisted
that in tho catalogue one of the terms was, "actual present
quality and quantity," and that defendant sent in the
account in his own name, and that therefore the verdict
should not be disturbed.

His Honour thought that he must grant a new trial on
the ground that plaintiff had not laid his complaint within
one week, and had paid the duty.

POUND V. BARNETT:IMPORTANT TO SHIP BROKERS,

Plaintiff is an extensive wine and spirit merchant of the
city and defendants are ship brokers. The action was

brought to recover a sum of £25 for demurrage of a barge
three days at 15s. per day. Plaintiff proved that he had
made arrangements for the craft, containing 100 puncheons
of rum, to be alongside the vessel for unloading upon a
certain day. Accordingly the craft was placed alongside
the ship, and was detained there six days. Plaintiff only
claimed for three, and defendants had agreed to pay something.
The captain had absolutely refused to take the goods at
first.

Upon the part of defendant it was urged that the brokers
should not be made liable, as they were not responsible for
any misconduct on the part of the captain. It was also
impossible for the defendant to fix any precise time for re-
ceiving goods from complainant.
Plaintiff—l took care to inquire, and was informed that
the ship would be ready to take the goods upon a particular
day. I made defendants a present of three days. If lam
to lose this money it will make a difference of £2OO a year
to me ; besides these defendants have, on a former occasion,
paid a precisely similar claim.

Defendant thought it would be very hard to make ship-
brokers liable. It was very important, and certainly a
novel case.

His Honour thought that plaintiff should recover as in
the contract made or implied; he only knew defendants as
owners.

Defendant—The usual claim is ss. a day, and that we
never have objected to pay. That sum is always accepted.
His Honour thought that there was a custom, and he
could only award plaintiff ss. a day. No doubt plaintiff
would be a loser.

Plaintiff—Oh, I shall indeed. This was a large barge.
His Honour—Well, I will give you a verdict for £1 ss.

ROYAL ITALIAN OPERA HOUSE.—The panto-
mime which Mr. Harrison purposes producing at Christmas,
at this theatre, is being written by Mr. Bridgman and Mr.
Sutherland Edwards, and Will be entitled "Little Red
Riding-Hood."
EXTENSIVE FIRE IN THE CITY. Yesterday
(Friday) morning, between the hours of three and four
o'clock, a fire broke out lathe premises belonging to Messrs.
Whistler and Co., wholesale sugar dealers, &c., situate at
No. 8, Fenchurch-street, City. The amount of damage
done is thus officially reported by Mr. Braidwood :—" The
back sale rooms and counting house on ground floor burnt
out; the back rooms of the building are also seriously da-
maged by fire, and the rest of the house and contents by
water. The building was insured in the Bank of Englsnd
Fire-office, and the contents were insured in the Phcenix
Fire-office. The skylights over the back offices of Messrs.
Ilankey and Co., the bankers, are also damaged and the
glass broken. The offices situate at Nos. .2 and 3, in
Philpot-lane, have their back fronts seriously damitged by
fire, The origin of the misfortune could not bo ascertained."

POLICE INTELLIGENCE.--(This Day.)

MAR LB ORO UGH- STREET.
ASSAULT BY A CONCERT MANAGER ON A FEMALE.—
Charles Michael Shee, well known as a manager and
superintendent of concerts, was brought up on a warrant,
charged with assaulting Mrs. Emma Nash, of 10, Lisle-
street, Leicester-square.

The prosecutrix said that on Saturday night the prisoner
came to her house, and after calling her a and making
use of the most disgusting and abusive language towards
her, made a rush towards her with a large thick stick, and
said he would strike her down, and would have succeeded
in doing so, but for the interposition of another person.
His object in coming to her house was to look for his wife,
who had separated from him ; but she was not at her house
at the time, though she was giving her shelter. She
firmly believed he would do her some injury, as he had
declared to a person that he would smash her.
The prisoner, who, it is said, 'had been for some time

bouring under great mental excitement, said he simply
went after his wife, believing she was secreted there, and
on his asking for her, the prosecutrix made a rush at him,
and he certainly did say he " would knock her teeth down
her throat," and he had great cause for doing so.
The daughter of the prosecutrix confirmed her mother's
statement, and said it was only on a policeman being talked
about that the prisoner left.
Mr. Beadon asked whether it was not the case when he
had been shown some letters.
The prosecutrix replied that it was, and, handing one of
them to the magistrate, said they were of a very filthy
nature.

The prisoner wished to call a witness, but Mr. Beadon
said he considered the letter quite sufficient, and ordered
the prisoner to find two sureties in the sum of 120 each for
his good behaviour for the next six weeks, and on an ap-
plication being afterwards made for protection for the wife,
the worthy magistrate said what he had already done would
be sufficient protection.

THANE S.
DARING BURGLARY IN A DWELLING-lIOUSE.—Henry
Gardner, aged 24, and described as a general dealer, of
No. 7, John-street, Bethnal-green, was brought before Mr.
Selfe, on remand, charged with breaking into a dwelling-
house, and stealing a cotton dress, a shawl, a pair of
trousers, an apron, and other articles, the property of
Henry D. Uston, an appraiser, of No. 24, Wellclose-squaro.
The prosecutor stated that, on Thursday last, he had
been away from home a short time, and came in again at
one o'clock, closed the door of his house, and went into the
kitchen. He had not been there long before he heard a
lodger come in without opening the door. This aroused
his suspicions, and he commenced searching the house, and
in a back room of the ground floor discovered the prisoner
in the act •f making up a bundle of goods he bad taken
from a drawer and other places. He seized the prisoner,
who said, " I have done wrong." The prisoner had ad-
mitted himself into the house by means of a latch-key, which
fitted the lock of the street door.

Mr. Selfe—ls the key yours ?
Mr. Alston—lt is not, sir.
Roche, the gaoler—l know the prisoner, your worship.
Roche—You were committed from this court seven years
ago for a burglary, convicted, and sentenced to ten years'
transportation, and I believe you have been released with
a ticket-of-leave.

Mr. Selfe—l wonder some of the police don't know the
prisoner.

Roche—Those who had him in custody, or saw him
seven years ago, are either dead or have left the force.
The prisoner was committed for trial.

THIS DAI'S SHIPPING.

LONDON, Nov. 29.—Wind this day at noon, S. ;
light breeze, and dull, cloudy, and very mild weather.
Many of the homeward bound fleet have arrived from Indian
ports.

RAMSGATE, Nov. 27.—Wind W.N.W.—Arrived—Petra,
from London, for Bilboa.
PORTSMOUTH, Nov. 28.—Wind W.N.W.—Sailed—
Her Majesty's steamer Urgent, for Malta.
Orr PLYMOUTH, Nov. 28.—Arrived—Samuel, from
Quebec, for London.
CLAGOAN, Nov. 27.—Arrived—Governor Douglas, from
the Gold Coast, leaky and in want of provisions. Crew in
a weak state, and the Coastguard assisting at the pumps.