The Sun.
London, England, 1858-12-21 00:00:00

THE SUN, LONDON, TUESDAY EVENING, DECEMBER 21, 858.

FOREIGN.

LA TV INTELLIGENCE.-( THIS DAY.)

Closing I Business
Paid. Price. Done.

COURT OF CHANCERY.
(Before the Lord Chancellor.)
APPEAL.-WYTHES V. LABOUCIIERE.

This is an appeal from a decision of Vice-Chancellor Sir
Wm. Page Wood against the appellant. The plaintiff is
a railway contractor at Highgate, and the defendants are
the banking firm known under the name of William Deacon
and Company ; and the question raised is whether a bond
for £30,000, granted by. the late Mr. James M'Gregor,
M.P., to the bank, was without valuable consideration, and
void.

Mr. Daniel, Q.C., resumed his argument in this part-
heard appeal this morning for the appellant.
The hearing may extend over several days.
(Before Vice-Chancellor Sir W. Page Wood.)
JUDGMENT.-BRISTOWE V. WHITEMORE.

His Honour the Vice-Chancellor, in delivering judgment,
said that the question in this case was as to the right of
the plaintiff, Mr. Bristowe, who was master of the ship
called the Cumberland, to have recouped certain sums of
money which he advanced on the part of the owners for
victualling and fitting up his ship as a transport ship, for
the transport of Government troops, under two contracts—
the one under seal, dated 19th April, 18.56, and the other a
memorandum of agreement, dated 27th May, 1&56, with
the Admiralty agent, in which he described himself as
master and owner of the weasel, and by which he :became
bound to fit up and provision the ship and troops in terms
of these contracts, and according to tender. The ship
sailed, but before completing her voyage the owners
became bankrupt, and tho question raised was, whether
the bankrupt's assignee or the master of the ship was "
entitled to the freight. The Lords of the Admiralty paid
the money into court. The master contended that he had
a lien on the freight for the money advanced by him for
fitting up and for provisioning the ship and troops. The
defendant claimed the freight as assignee for the bankrupt
owners.

His Honour, on the authority of decided cases, and in
terms of the contract and eha.rter-party, considered that
the plaintiff was entitled to be repaid all the money ad-
vanced by him under contract for fitting up the ship for the
transport of troops, and for provisioning the ship and troops
during the voyage, and for which the owners were liable.
Plaintiff was also entitled to the costs of the suit.
His Honour made a declaration to that effect, and directed
an account of the expenses to be taken, and the costs to be
taxed and paid, and, subject to these payments, the surplus
funds to be handed over to the assignee of the owners or
mortgagees.

WALBRO OK WARD.

WHITECHAPEL COUNTY COURT.
(Before Mr. Deputy Forster.)
RIVAL TRADESMEN.---SINGULAR CASE-SHEPPARD V.
LYONS.

LIME-STREET WARD.

Plaintiff is a labourer and defendant is a tailor, of White-
chapel-road. Plaintiff sought to recover the sum of 21s,
for one pair of trousers taken by plaintiff from defendant's
shop, and paid for, as alleged, in error.

Plaintiff stated that on a certain day he went to a tailor's
shop in Whitechapol, and was measured for a pair of
trousers. A few days afterwards he went to defendant's
shop and received a pair of trousers, for which he paid, and
which he took away. A friend who was with him ex
plained subsequently that he had gone to the wrong shop.
Cross-examined by Mr. Beard for defendant--The shop
he first went to had Lyons over the door, but was kept by
one Franks. He did not take out this summons. Mr.
Franks did.

Mr. Beard—Yes ; ho institutes these proceedings
and is the rival tradesman. The trousers were not a good

Mr. Beard then called his Honour's attention to defen-
dant's book, in which was entered an order, in the name of
Sheppard, for one pair of trousers. Plaintiff had taken his
trousers away, and never instituted proceedings until he
conferred with Franks. Both houses had Lyons over the
door.

Defendant was then called, and proved that he had an
order in his book for one, pair of trousers, 21s. Plaintiff
called a day or two after the delivery, and said they were a
little too long, but they were according to the book mea-
surement. Plaintiff demanded his money back, and said ho
had been told to do so by Franks. [Upon this evidence
Franks became very excited, and gesticulated in such a
manner that he was ordered out of court].
His Honour then made an order for repayment of the 21s.

POLICE INTELLIGENCE.-(THIS DAY.)

dered on board ship, and after he was repeatedly stabbed,
bags of sand were attached to the body, and it was thrown
overboard. A verdict of wilful murder was returned against
some persons unknown, and the Coroner was in communi-
cation with the authorities in a foreign country, to which the
ship from which the body is supposed to have been thrown
had returned. He had no doubt whatever that the body,
which drifted into Westgate Bay, was the same as that
which floated past the light-ship, and to which bags of
ballast were attached, and afterwards pierced. The holes
made in the body with a harpoon were mistaken for stabs
inflicted before death, and the description given of the body,
on which the inquest was held, corresponded in every re-
spect with the body which was handled by the crew of the
light-ship. He had thought it his duty to communicate
with his worship directly he came on shore, that innocent
persons might not be brought into trouble, and charged
with a murder they had not committed. He believed the
body had been identified as that of a North Sea pilot, who
left a port in the north with a foreign ship which was
wrecked, and the crew, or a portion thereof, saved.
Mr. Yardley said he had read of the finding of a body in
Westgate Bay, and that its peculiar appearance led to a
suspicion that a murder had been committed at aea. The
statement just made was of the highest importance, and
the more publicity was given to it the better. The appli-
cant had done quite right in 'coming to that court and
making the statement he had done, and he hoped that if
anybody was taken into custody on suspicion of murder, the
Justice who would have to hear the case would be written
to and informed of what had taken place.
The applicant then retired, and said he should communi-
cate by letter with the authorities at Margate.

THE COMMON COUNCIL .2..1.TT10N5.
(THIS DAY.)

This being St. Thomas' day, the annual election of the
Common Council took place in the City. In the majority
of the wards the old members were re-elected.

The wardmote was held this morning at the Mansion-
House, the Right Hon. D. W. Wire, Lord Mayor, and
aldermen of the ward, presided.

The following gentlemen were re-elected as Common
Councilmen :—Mr. Deputy Conder, Mr. Ford Hale, Mr.
Wm. Dawson, Mr. T. Rowley, Mr. H. E. Murrell, and
Mr. T. H. Fry.

Mr. WAncnts moved, and Mr. ROCK seconded, a vote
of congratulation to the Lord Mayor on his recovery from
his severe indisposition. The vote was enthusiastically
agreed to.

The Loup MAYOR briofly returned thanks, and:the pro
ceedings terminated.

This wardmote took place at the School-house, St. Mary-
axe. After the usual preliminaries the following were' re-
elected to represent the ward in Common Council for the
ensuing year :—Mr. Deputy Cork, Mr. T. B. Simpson, Mr.
T. Symonds, and Mr. W. Simpson.