The Sun.
London, England, 1867-08-28 00:00:00

THE SUN, LONDON, WEDNESoAY EVENING AUGUST 28, 1867.1

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WESTMINSTER:

LAW INTELLIGENCE.—This Day.

SHERIFFS' COURT.
(Before Mr. Sergeant Wheeler.)
COMPOSITION DEEDS AND PRIVATE ARRANGEMENTS

FREEMAN Y. BUTCHER.

This was an action to recover the balance of an
account for clothes, Mr. Buchanan appearing for
the plaintiff, and Mr. Plews for defendant.
It appeared that the defendant had executed a
composition deed under which he covenanted to ply
his creditors 2S. 61 in the pound. Plaintiff had
signed this deed in the ordinary course, and he con-
tinued to send in goods to the defendant, who made
him various payments from time to time. When
plaintiff sent in his account he debited defendant
with the amount entered in the composition deed,
and credited him with the monies paid as against
the whole account.

It was contended by Mr. Plows that the deed of
composition was an answer to the old debt, and that
plaintiff had no right to revive it. Thus the money
paid must come off the new debt, and plaintiff should
not recover.

On the other hand, Mr. Buchanan called evidence
to show that defendant had specifically revived the
debt himself, and that he told plaintiff ho should
pay every farthing, while the sums paid were ex-
pressly directed by the defendant against the debt
compounded for.

Defendant did not deny that he had intended to
pay the old debt, but he said he had not been well
treated by the plaintiff, or he should not have de-
fended this suit.

His Honour said it was clear defendant had paid
the money on account of the old debt, and he was
quite entitled to do this, although it did not say
much for the effect of composition deeds. In this
case plaintiff was entitled to recover, and would
have a verdict for the amount claimed.
Verdict for the plaintiff, with costs.

MIDDLESEX SESSIONS—THIS DAY.
(Before Mr. Sergeant Dowling.)

George Regan was indicted for robbing a sailor
at the Turk's Head publichouse, Wapping.
Walter Fell said he was a sailor, residing at North
Shields, and on the evening of the 3d of August he
was at the Turk's Head publichouse, and having
treated the prisoner to a glass of grog, he entered
into conversation with him in the tap room. He
then fell asleep, and was awoke by feeling his hand
in his pocket. Ile pursued him, and eventually he
was taken into custody.

This evidence having been corroborated,
_ _

The prisoner said his witnesses had not been
bound over to appear, and therefore he was pre-
cluded from proving his innocence.
The constable said the witness the prisoner spoke
about said he should not attend, because he was
fearful that if he gave his evidence his boat would
be sunk by the companions of the prisoner.
The jury found the prisoner guilty, and the
learned judge sentenced him to 12 mouths' im-
prisonment with hard labour.
Jane Haigh was indicted with wilfully neglect-
ing her infant child.
The evidence showed that the prisoner had
neglected the child in the most shameful manner,
so much so that it expired six weeks after it had
been in the parish infirmary.
The learned Judge said it was a most frightful
case of neglect, and he sentenced her to 12 months'
imprisonment with bard labour.

Ann Parker; a young woman, pleaded guilty to
an indictment charging her with obtaining, by false
representation, a quantity of linen. She was sen-
tenced to six months' imprisonment with hard
labour.

Henry Gordon, Julia Harley, and Ann Kemp
were indicted for stealing five pairs of trousers, the
property of Mr. Wood, a tailor in the Kingsland-road.
From the evidence it appeared that the prisoners
were seen near the shop of Mr. Wood, the mal e
prisoner apparently instructing the girls how to
steal ,the property. The girl Hurley eventually
took up the five pairs of trousers and rau away with
them. She was, however, stopped by the police,
and the other two prisoners were taken into
custody before they could get away from the shop.
The jury found all the prisoners guilty.
A long list of previous conviction& was then read
against Gordon, amongst which was one for four
years' penal servitude, which, however, would not
expire until next August. A former conviction for
18 months was also proved against Ilurley.
The Judge told Gordon that punishment seemed
to be of little avail, but he would on this occasion
be removed from haunts in this country for some
time to come. The sentence of the court was that
he be kept in penal servitude for seven years ; the
girl Hurley he sentenced to two years' imprison-
ment, and as Kemp was not known he should
sentence her to only six months' imprisonment with
hard labour.

POLICE INTELLIGESCE.—This Day.

MARLBOROUGII-S TREET.

ASSAULT ON A COMPOSITOR. —John Williams, a ragged
fellow, described as a vendor of groundsel, was charged
before Mr. Tyrwhitt with begging, and assaulting Mr.
James Godley, compositor and press reader, residing at
No. 1, Tottenham-court-road.
Mr. Godley was taking a walk with his daughters yes-
terday evening, when the prisoner followed him and im-
portuned him for money. Mr. Godley told him to go
away, or ho would hand him over to a constable, upon
which the prisoner said that if he was given in charge it
should be for something, tucked up his cuffs, and, putting
himself in a fighting attitude, aimed a blow at Mr. Godley,
who stepped back and avoided it. The prisoner after-
wards made off, but Mr. Godley, determined not to let him
escape, followed him, and seized him for the purpose of
detaining him till the arrival of a constable, upon which
the prisoner struck and kicked him. The prisoner was
then given into custody.
The prisoner, in answer to the charge, said the com-
plainant struck him first, but that was denied by Mr.
Godley.

Mr. Tyrwhitt said that it was clear what sort of a fel-
low the prisoner was. He importuned persons for alms,
and if he did not succeed in getting them resorted to
violence. The prisoner would be committed for two
months with hard labour.
ASSAULT IX THE POLICE STATION.—EIIen Price, a young
woman, was charged before Mr. Tyrwhitt with being
drunk and disorderly, and assaulting Police-constable
M'Cormack, 158 D.

The prisoner was taken to the police station, and while
M'Cormack was charging her with being drunk and dis-
orderly she gave hini a violent blow on the chest and spat
in his face.

Mr. Tyrwhitt fined th© prisoner 12s. or 14 days.

PITIABLE CONDITION OF A WIDOWED MOTHER.—A very
respectable-looking woman, about 30 years of age, with an
infant in her arms, applied to the magistrate for protection
from the violence of her stop-son, a boy only 15 years of
age.
Mr. Humphreys, an inspector of the division, informed
the magistrate that the case was ono of an exceedingly
flagrant character. The applicant had but recently
buried her husband, a policeman of the B division, and
her distress was much aggravated by tha disgraceful con-
duct of the boy in question, to whom she had always done
the duty of a mother. Sho had throe younger children by
her husband, and those were all much younger than the
boy complained of.
Mr. Arnold desired the applicant to be sworn, and this
having been done, inquired what was the last act of vio-
lence complained of.
Applicant said she was sitting last night suckling her
infant, when he came up to her, knocked her off her chair,
and swore he would murder her. ilis ill-treatment of her
was shocking.
Mr. ir"mPblY Humphreys said
disgracefulsliaidtllatl'ewasvrfectly
and,uncontrol-
lable, besides conduct at home, asso-
ciated with the worst of characters out of doors.
Mr. Arnold immediately granted a summons for his
apprehension.