The Sun.
London, England, 1835-06-15 00:00:00

BRUYERS V. IIALCOMB.

The COURT gave judgment in this case, which involves a
very important principle as connected with the payment of
costs in Election Pet►t►ons. An application had been made
on the part of the plaintiff, under the 63d sect. of the 9th
Geo. IV. chap. 22, for a rule nisi to enforce the payment of
costs against the petitioner, whose petition had been declared
" frivolous and vexatious" by a Select Committee of the House
of Commons. By the provisions of the Act costs may be re-
covered in an action of debt against any petitioner, whose
petition has been declared frivolous and vexatious ; and the
production of the Speaker's certificate shall he deemed suffi-
cient authority for the Court to enter judgment for the plaintiff.
On the part of the defendant, it had been contended that the
Committee had riot been legally appointed to try the merits
of the petition, as it was required by the Act•that the peti-
tioner, or his agent, should appear at the bar of the House of
Commons within an hour of the time for taking the petition
into consideration, and in the event of his non-appearance,
the order for taking the petition into consideration shall be
discharged. By the affidavits put in, it turned out that
neither the petitioner, nor any person to represent him, had
appeared, notwithstanding which the Committee had been ap-
pointed; and there was then another objection, that the list of
33 Members selected had not been reduced to 11, in the man.
ner required by the Act, as no person had appeared on
the part of the petitioner to strike off the names alternately.
It appeared further that the Committee had met subsequently,
and without the petitioner or any agent of his being present,
had decided that the petition was frivolous and vexatious. It
had been objected on the part of the plaintiff, that the Court
of King's Bench had no authority to enquire into the legality
of the proceedings of the House of Commons, as such would
be an interference with the privileges of that body. The
Court would not enter upon that point, as its decision rested
upon other grounds, but, as the assistance of the Court was
required by the Act, it was bound to see that the provisions of
the Act had been complied with. It was necessary that the
Court should be satisfied that the preliminaries had taken
place before it would enforce the Speaker's warrant, and in
the present instance it appeared that a Select Committee had
been appointed in a case where the statute expressly provided
that no such Committee should be appointed, and therefore the
Speaker's warrant could give it no authority as to the awarding
of costs. The Court was of opinion that the Speaker's war-
rant must be founded upon the report of a Committee legally
appointed, and as this did not appear to be the case in the in-
stance before them, the rule for entering judgment for the
plaintiff must be discharged.

DOCTOR TREE-THE KING V. THE BISHOP OF WINCHESTER.

A second application for a mandamus was Sade this day.
Our readers will recollect that Dr. Tree had been deprived of
a fellowship, which he had held since the year 1789, by the
decision of the heads of St. John's College, Oxford. An ap-
peal had been made to the defendant, who was one of the
visiters of the College in June 1833, and the question now
was whether the defendant had received and attended to
the appeal.
The COURT thought nothing had been brought forward to
induce it to alter its previous decision—Rule refused.
Lord Viscount Duncannon was this day sworn in Lord
Keeper of the Privy Seal, and Commissioner of Woods and
Forrests,.and Lord Denman took the oaths as Speaker of the
House of Lords.

TIER KING V. ROBINSON.
The defendant is in attendance, and it is expected that
judgment will be pronounced in the course of the day.

EXCHEQUER CHAMBER.

(THIS DAY.)

ESDAILE V. LANAUGE.

Baron ALDERSON, on coming into Court, delivered judg-
ment in this case. It was a bill filed by Messrs. Esdaile and
Co., the bankers, against the defendant, who is a bill-broker,
to compel him to deliver up a certain bill of exchange to be
cancelled, and to restrain him from proceeding in an action
at law against the plaintiffs, to recover the amount of the same
bill of exchange. The facts of the case were shortly as fol-
lows :—ln 1832, a person of the name of Hitchcock, being
agent to a person of the name of Heland, obtained a bill of
exchange, drawn by Grieg and Co. of Dublin upon the plain-
tiffs, in consideration of a cheque drawn by Heland upon the
Coleraine branch Bank of Ireland. As soon as Hitchcock got
possession of the Bill, which was for 5001., he indorsed on it
the name of Heland, and put it into circulation, Heland being
at that time absent from Ireland. The defendant Lanauge
purchased the bill for full consideration, without any knowledge
of the hand, or any suspicion of the genuineness of the indorse-
ment. The bill in the regular course of business was accepted
by the plaintiffs. In sending the cheque given by Hitchcock
to the Coleraine Bank, it was dishonoured, so that the whole
seemed to be a contrivance on the part of Hitchcock to de-
fraud all parties. On the bill becoming due, the defendant
being made aware of the fraud that had been practised upon
him, and of the invalidity of the original indorsement, procured
a second indorsement from Heland, upon condition that the
amount of the bill, when recovered, should be equally divided be-
tween them. Lanauge brought an action against:plaintiffs to re-
cover this amount, and they in consequence filed the present bill
to obtain relief at Equity against this action. His Lordship, after
going through the case, concluded by stating it as his opinion,
that the first indorsement having been proved to be no indorse-
ment at all, did not confer upon the defendant any title as the
bona fide transferrer of the bill, nor did the subsequent in-
dorsement alter the case, as it was made when the bill was
overdue. The plaintiffs, therefore, must have the relief
prayed, but as be was satisfied that the defendant, Lanauge,
was equally a victim of the fraud, he thought the decree against
him ought to be without costs.

CENTRAL CRIMINAL COURT.

(THIS DAY.)

The June Session of the Central Criminal Court com-
menced this morning before the Lord Mayor, the Recorder,
and Common Sergeant, the Sheriffs of London and Middle-
sex, the Under Sheriffs of Kent, Essex, and Surrey, and the
usual authorities.

--
The Calendar contains the names of 230 prisoners, viz.,
145 from Middlesex, 34 from London, 24 from Surrey, 22
from Kent, and 5 from Essex.
The Grand Jury having been sworn,
The RECORDER proceeded to charge the Grand Jury, ad-
verting in the first place to the cases of rape and assault upon
female children of a tender age, which he regretted had of
late become a matter of frequent charge. He remarked at
very great length upon the law of the cases, observing that
many erroneous impressions had gone abroad as to what
constituted sufficient proof to convict persons who were
charged viii, s-,11 cas.hcos ; but it ought to Le
that by a recent Act of Parliament the difficulties which existed
under the statute of Elizabeth were considerably removed.
Notwithstandin this, however, the remark of Lord Hale still
held good,—"This is a most detestable crime, and ought
severely to be punished, and is punishable with death ; but it
should be remembered that the accusation can be easily made,
though it is hard to be proved, and much harder to be de-
fended." It required, therefore, the greatest and most anxious
consideration of the Grand Jury to do justice to such cases,
' and unless there was a probability of a conviction, it would be
better not to send them into open Court, as the public pro-
ceedings and disclosures made upon such trials were unpro-
ductive of any good. In reference to the case of Wm. Davis
and Richard Yates, two policemen, who stand charged with the
manslaughter of Daniel Carroll, the learned recorder remarked :
" There is a charge of manslaughter against two persons who are
described as policemen, for the manslaughter of Daniel Carroll,
and it appears from the depositions that the blows by which
Carroll was severely injured were inflicted in an attempt to
seize the person of Daniel Carroll by these two policemen. It
will appear also that Carroll was himself armed with what
might be used as an offensive weapon—a pewter pot—and that
at the time the scuffle took place between him and the police-
men, that blows were not only given with it, but that they took
effect upon the policemen. The evidence is not so clear as to
enable me to say whether the facts will afford a sufficient de-
gree of justification as to reduce the crime from manslaughter,
or to make it no offence at all. The evidence, however, would
seem to show that the prisoners were in the prosecution of a
legal object, they being officers in the discharge of their duty,
attempting to apprehend a man for a breach of the peace which
he had committed within their view, when he assaulted them, as
they were attempting to take him through the window of a house
by means of a ladder, which was twice thrown down, to their
imminent peril, and this resistance led to the use of a cutlass,
and a considerable affray took place. If the evidence be
true, the charge cannot in any case exceed manslaughter, and
may be below it ; but if it becomes a nice question of fact,
and it appears that the weapon was used in self-defence, you
will then reject the charge." After adverting to some other
cases, which presented no novel points for consideration, he
concluded by expressing his regret that, in consequence of the
neglect of several magistrates in not forwarding the deposi-
tions of many cases to the Court, he was unable to inform
himself and the Grand Jury of many important facts ; and he
mentioned this thus publicly, that the magistrates might, in
future, take care to furnish those very necessary documents to
the Court in due time.

The Grand Jury then retired.
The swearing in of the petty jurors occupied a considerable
portion of the day.

The arrival of the mails with the expected report of
Lord John Russell's motion was anxiously looked for by all
classes in the several boroughs in Wales. The Post-offices
in the various towns were beset and thronged by parties await-
ing, with the deepest solicitude, the report of its reception in
the House of Commons. The result of the debate, ending
with the Bill being read a first time, and ordered for second
reading on Monday next, without a dissentient voice, diffused
general joy and satisfaction among all the inhabitants of the
boroughs.—'!'he Cambrian.
LIVERPOOL CORPORATION.---The forty-one who
sit enthroned on fifteen pound chairs, at the Town-hall, have
got notice to quit. It has been intimated to them that their
secret Councils must terminate, and that they must give place
to the men they had so obstinately excluded. Great, there-
fore, is the grief of all those who fed on the fat drippings of
Corporate expenditure, of the forty-one who made up the
family compact, and of the one hundred and forty-one who
lived in expectancy, and who thought Common Councilmen
uncommonly long-lived. To all others, however, the news
has been, indeed, glad tidings—perfect pleasure—gratulation
without abatement.—Liverpool Chronicle.
_ _ .

The late meeting of the General Assembly of the
Church of Scotland, appointed the Scottish nation to observe
Thursday, the 23d of July, as a day of solemn fasting, hu-
miliation, and prayer, for the purpose of imploring the Divine
blessing on the Church and people, in the present troubled
times.

PANOR

HEBE S.

A private inspection at the rooms in Leicester-square, took
place 9u Saturday of the new Panorama of Thebes, just
opened by Mr. Burford, which will form an agreeable com-
panion to the splendid view of Jerusalem. The drawings of
the magnificent ruins of Thebes were taken by Mr. F. Ca-
therwood, architect, in 1833, and the painting reflects the
greatest credit on the artist for its judicious disposition of
colour, and accuracy of detail. The principal foreground of
the present panorama is the Temple of Karnak, the area of
the various buildings, of which is stated to be at least a mile
and a half in circumference. To the east is seen a tract of
cultivated country, interspersed with palm trees, beyond which
are arid deserts, backed by the picturesque mountains of
Arabia. Towards the west flows the Nile, with luxuriant
earn-fields and plantations of palms. In the foreground a
small caravan of pilgrims who have crossed the desert is a
grateful relief, by the rich hues of the costume, to the heavy
masses of stone which arc perceptible. This panorama must
become extremely attractive. The Duke of Sussex, Lord
Prudhoe, Lord Radstock, Sir E. Codrington, and Lady Mac-
donald, were mentioned as being amongst the visitors.

SHIPPING-(THIS DAY.)

FROM LLOYD'S.

DEAL, JUNE 13.—Wind N. E. fresh breezes.—JuNE 14,
Wind N. E., fine.—Arrived the Idea, Cooper, from Limerick ;
Alert, White, from Belfast; Anne, Pettey, from Sligo;
and Matilda Luckie, Morton, from Demerara. Arrived from the
River and sailed, the Harmony, Taylor, for Labrador; Zo-
rilda, Craft, for Cork; Norah Creina, Heather, for Cork;
Heroine, M'Carthy, for Madras; Bristol, Hubat, for Quebec;
Mina, Mason, for Cadiz ; St. Vincent's, Young, for St. Vin-
cent's ; and Ann, Virtue, for Launceston. Arrived and re-
main in the Downs, the Recovery, Wellbank, from China ;
Albina, —, from Demerara; and Swallow, Amosdady,
from Guernsey. Half-past six, P.M., the Heroine, for Madras,
is in sight, coming from the River. The Recovery and Al-
bina sailed for the River this morning.
LIVERPOOL, JUNE 13.—Arrived the Alcyone, Muir, and
Percival, Forest, from Savannah ; John Linton, Dickinson,
Superb, Stewart, and St. George, Thompson, from New
York; Sly, Chambers, from Sierra Leone and Barbadoes ;
Vibelia, Pcnbrath, from Smyrna; Tagus, Wade, from Lisbon ;
Volga, Tuliff, from St. Petersburgh ; and Highlander, Gar-
den, from Ceira.
HOLYHEAD, JUNE 12.—Arrived the Dash, Bell, from Trieste.
SWANSEA, JUNE 13.—Wind W. S. W.—Arrived the Avanda,
Edgar, from St. Jago de Cuba in 59 days.
CLYDE, JUNE 12.—Arrived the Duchess of Portland, Reed,
from Barbadoes ; and Success, Dallard, from Newfoundland.
POOLE, JUNE 12.—Arrived the Atalanta, Kapeke, from
Memel.

GUERNSEY, JUNE 12.—Arrived the Amiable, Angelique,
from Bordeaux ; and Thetis, Halquest, from Gottenburg.
BRISTOL, JUNE 13.—Arrived the Pilot, Moore, from
Trinidad.

PORTSMOUTH, JUNE 13.—Light airs, and fine. 14.—Wind
variable, and fine w•ather.
FALMOUTH, JUNE 12.—Wind N., fresh breezes and fine.

13.—Wind variable, light breezes and fine.
PLYMOUTH, JUNE 13.—U ind S. S.W.—The Branch,
Milne, from Riga, with hemp, flax, and hides; and the Nor-
wegian brig, Karen Elise, Blour, from Longsound, arrived
here last evening.
In Hamoaze—The San Josef, Diligence, Naiad transport,
and Duck lighter.

The Thompson, from St. John's, New Brunswick, bound to
Liverpool, was wrecked on the coast of Newfoundland, pre-
vious to the 18th ult.
__

Lady Frances, Dawes, from Licata to Naples, was totally
lost on the 18th ult., off Cape Pessaro.
The Jessy, Jackson, from Londonderry, bound to St.
John's, New Brunswick, put into WhitehaTen with loss of
foremast.