The Sun.
London, England, 1859-09-02 00:00:00

THE CONVICT SMETHURST.

Sir G. C. Lewis, the Home Secretary, was en-
gaged this afternoon with several gentlemen, who
have interested themselves in the case of Dr.
Smethurst, but up to the hour of going to press
the fate of the convict remained doubtful.

A memorial, signed by twenty-nine practising
barristers, in favour of commuting the sentence, in
Dr Smethurst's case, was presented, at the Home-
office, this morning, by Mr. Tindal Atkinson, of
the Middle Temple.

LAW INTELLIGENCE.-(TIIIS DAY.)

SHERIFFS' COURT.

THE LAW OP PARTNERSHIP.-POLLOCK V. SCHRCEDER.

This was an action to recover a sum of money from de-
fendant, who is in partnership with his brother. An
agent appeared and inquired for which of the two the sum-
mons was intended.

His Honour refused to hear the agent, and said it was
evident that defendant did not appear.
Plaintiff—Then I want a nonsuit. (Laughter.)
His Honour—Well, that's a very queer thing for a
plaintiff to require.

Plaintiff—No. I want it for him (defendant).

After some inquiry, his Honour ascertained that plaintiff
was the partner in England of an extensive foreign house.
His Honour—l think you must have what you asked
for, Mr. Pollock. You must sue in the name of all your
partners.

Plaintiff—l cannot bring my partners such a distance to
recover this small amount.
His Honour—No ; but you must put them all in the
plaint note.

Plaintiff—Then I can sue defendant for my share, I sup-
pose ? (Laughter.)

His Honour—Oh, no. Don't you see that defendant
owes you nothing individually. If he owes anything it is
to yourself and company. You have got what you want
and must be nonsuited.

CONTRIBVTING TO HIS OWN WRONG-LIMES V. THOMSON.
This was an action to recover 30s. damage sustained in
consequence of a cart being overloaded, as alleged, by de-
fendant.
Plaintiff said that defendant hired his cart and baying put
on too much of a load, the shafts gave way.
Defendant denied that he had anything to do with it.
Plaintiff—Why I saw him put the load on and knew at
the time it was too much

His Honour—What a great noodle you must have been
then. (Laughter.) Come, you have said too much, and
defendant must have a verdict.

POLICE INTELLIGENCE.-(THIS DA Y.)

MARLBOROUGH-STREET.

ASSAULT ON CAPTAIN FRANCIS PEEL BY A BEGGAR.
—Catherine Wright, described as a fruit vendor, was
charged with an assault on Captain Francis Peel, of the
34th Regiment, 4, Leinster-gardens, Hyde-park.
Captain Francis Peel said he was passing down St.
James's-street shortly after 12 overnight with his brother,
when the prisoner came up and importuned him for relief,
but he told her he believed her to be an impostor, but offered
her a mendicity ticket, when she immediately commenced
an attack upon him, and he gave her into custody.
Atkinson, 74 C, said he saw the prisoner following Capt.
Peel, and on coming up with him she pulled his coat.
Being on the other side of the street, he went across and
asked what she wanted, when she immediately seized the
captain's coat with her teeth, and hung to it " like a leech,"
and so determined was she that it was only with the assist-
ance of anofher constable that he managed to get her away
and to the station-house.

Police-constable 45 C proved assisting in taking the pri-
soner into custody, and while doing so she became very
violent and struck him several times—twice in the face.
She had once been before Mr. Beadon and sent to prison
for a month.

Welsh, the gaoler of the court, said she had once been
before Mr. Hardwick.

The prisoner's defence was, that she was inquiring the
way of the gentleman to Westminster-bridge, as she was
"going a hopping" when he struck her.

_ ... __ ...
Captain Peel said he did certainly strike her with a thin
stick, but it was only to make her release her hold.

Mr. Bingham said he considered a person had a right to
use force in releasing himself from an unfortunate woman

like the prisoner in the middle of the night, probably being
apprehensive that his pocket was about to be picked. She
was a powerful old beggar, and he should send her for 14
days.