The Sun.
London, England, 1835-07-14 00:00:00

EXPARTE BARRINGTON IN RE BARRING TON.

Sir L.. SHADWELL gave judgment at the sitting of the Court
on this appeal, argued before their Lordships some time since
at Westminster. It was an appeal from an order of the Ccurt
of. Review in Bankruptcy, directing William Barrington, the
son of the bankrupt, to complete his contract for the purchase
of certain mortgaged property belonging to the bankrupt. The
petition prayed that this order of the Court might be set aside,
on the ground that the Court of Review had no jurisdiction,
under gush circumstances, to compel a specific performance.
His Lordship thought that thci decision of the Court of Bank-
ruptcy could not be disturbed, and that the appeal must be
dismissed.

Sir J. BOSANQUET, concurring in this decision, thought it
necessary to say no more than that there appeared to be some
evidence in the Court below of an acceptation of the title on
the part -Of the petitioner for some time after tha.purchase.

COURT OF KING'S BENCH.

GALE AND WIFE V. DONNAN.

Mr. MESSMER stated that this was an action brought to
recover damages from the defendant for having, by his 'care-
less and improper manner of conducting himself in the ma-
nagement of his steam-vessel, upset a boat in which the plain-
tiffs were passengers, and thrown them into the water. Mr.
Gale was a warehouseman, carrying on business in the city,
and the defendant was the Captain of the Thames steam-
vessel, which plied between London and Dublin. On Sun-
day, the .sth of Octoberla3t, the defendant took a boat at the
Elephant Stairs to cross to Execution Dock. The boat we.;
rowed by two watermen of great experience. Near the stairs
where the plaintiffs got into the boat there were two or three
tiers of vessels lying close aside each other which prevented
the boatmen from seeing any steam-boat approaching, and
just as the wherry in this instance got out of the line of this
last tier of ships the steam-vessel came by at such a rate
that it swamped the wherry, and precipitated all the per-
sons in it into the water. Now this was a matter
of which the whole public had to complain. The bye-laws
of the City of London forbade steam-vessels to go at a
rate of more than five miles in an hour. The defendant's ves-
sel exceeded this rate of going, and swamped the boat. The
swamping of the boat threw the plaintiff and his wife into the
water, where they were kept up with the greatest difficulty, and
finally taken out of the water, and conveyed to a public-house,
where all means were employed to restore the plaintiff's wife,
and she was finally recovered ; but on being taken to her own
house, she remained confined to her room for five or six weeks,
and was attended by two medical gentlemen, and even now her
health was not re-established.
John Lewis, one of the boatmen, corroborated this, account,
and several other witnesses gave evidence to the same effect.
Mr. CHARLES PHILLIPS said that the object of the Company
in defending this action was not to vex or harass the plaintiffs
.
but to have an opportunity of seeing whether their officer; had
or had not misconducted themselves. As he was
the accident was altogether owing P:.eete
to the c ;nstructed,
.ssness of the
plaintiff's boatmen. The fault of throwl:„g themselves right
into the swell was that of the 'De.4tmen ; they might have
avoided the danger, but they would not.
Two brothers of the tome of Tate, saw the boat shoot
out, and improperly attempt to cross the swell.
Lord DENMAN summed up. The steam vessels had no
right to go at a rate quicker than that provided by the by-
laws of the City; but that it was no answer, if an accident
happened, to say that the vessel was going even at that pace ;
for they must be answerable for any accident that happened.
Verdict for the plaintiff—Damages 1001.
MINTER V. ROWEN.
j urilsousitaaai
plaintiff,
ffb, by tah e
cinfringementr ofi pGa teeriai tr.d_
This was an action brought to recover damages for an in-
n
square, in 1829 procured patent for the construction of an
street, Soho-
easy chair for invalids, by which they could recline without
rising frurn their seat. The machinery by which this was ac-
complished was moved by the pressure of the body upon the
back of the chair, the seat being connected with it by a lever.
For the defence, evidence was adduced to show that a
workman named Brown had invented a chair, in all parts simi-
lar to the plaintiff's Were he obtained his patent, and a chair
sold before the date of the patent was produced, which the
witnesses stated was moved by machinery in every respect
similar to that in the plaintiff's chair.
The Jury found that several parts producing the movement
described were first applied to that purpose by the plaintiff,
but that Brown was the first inventor of those parts.
Lord DENMAN thought the verdict was in favour of the
plaintiff, and directed it to be recorded accordingly, with leave
for the defendant to enter a nonsuit.

couRT OF COMMON PLEAS.

CAMPION V. COLVIN.

This was an action brought by the owner of the ship Hero,
for the freight on a cargo froth Calcutta to London in. 1817,
consisting of 511 bags of cotton, silk, and other things, from
Colvin and Co., of Calcutta, to Couch, of London. Couch
became bankrupt ; Bassett and Co. had a lien for money ad-
vanced, and Colvin and Co. for the cargo. A suit in Chancery
was commenced by the cssignees, and an issue tried in 1827,
in which the present plaintiff got a verdict. Fresh proceedings
were commenced, which led to this, the second trial.
Verdict for the

EXCHEQUER COURT.

Mr. LAING asked the prisoner shat he had to say to the
charge? He said he purchased the spoons two yew ago as
Machin and Debenham's sale rooms.

Mr. LAING then remanded the prisoner. and ordered that
no person should be allowed to corialL'''!Lcate with him during
the interim ; and subsequently, 13,.-, L'ourt was cleared, and he
consulted privately with M. 7: Ellice and his friends, when they
quitted the office.

MARLBOROUGH- STREET.
In the course of last week a warrant was issued by the Ma-
gistrates at this office against certain parties stated: to be the
principals of the gaming-house, No. 6, St. Jamesi-square, on
the information of an individual named Augustus Ne‘‘ ton, who
was understood to have been stripped of a cons.jerable sum at
the house in question.
Mr. Rice, the Vestry-clerk or St. James's, on the part of
the parish, promptly took the requisite steps to bring the al-
leged offenders to tiai, and matters were so arranged on
Saturday nif;lit about twelve o'clock that Schofield, an officer
of this establishment, and a posse of parish constables, were
enahlod to rush into the interior of the premises No. 6, St.
James's-square, and
.to capture four individuals pointed out
by Mr. Newton as being connected v:ith the establishment.
Yesterday Mr. CONANT, being on the Bench, the solicitor
for the defendants applied to have his clients brought up and
liberated on bail; adding that there were certain reasons for
this proceeding.
Mr. Rice acid Mr. Newton was not present, and. therefore
he obie,zied to the parties being brought into Court until he
,natie his appearance.
Mr. CONANT was about to comply, when Mr. Newton en-
tered the office. The four persons were then brought up, and
placed at the Bar. Two of them were well-dressed men, and
:he other two were in handsome liveries, they acting as ser-
vants to the establishment.

The servants' names were John Jay and William Cleaver.
The other two gave the names of George Abbott and John
Retter, or, as alleged, Count Retter.
Mr. A. Newton was a law student, and lived at No. 12,
Baker-street, Portman-square. . He had been several times te
No. 6, St. James's-square, a gambling house, and had played
at hazard and ecarte, and had seen the defendants Ratter and
Abbott acting in the management of the house. The others
acre the servants. The defendant Retter appeared to act as
the proprietor. At the station-house Retter had given his
name John Foulden, but witness knew 'nim as Count Rater.

Retter--1 wish to deny that J aver was a Count, or went un-
der the title of Count Rette!,
After some considera.t'.un Mr. CONANT directed that the de-
fendants Rutter and. Abbott should provide_two good sureties
of 50/. each: an', themselves in lOU, and the servants in
smaller Tams.
CONANT directed the sureties of Mr. Newton to ba
doubled.

The parties wore removed from the bar, and a ludicrous
scene occurred, in consequence of the determination of Rot-
ter'slriends to prevent the caption by the Sheriff's officer.

The officer had not succeeded at three o'clock.

LATE ACCIDENT ON THE RIVER.

Yesterday a lengthened investigation took place at the
Queen's Bead public-house, Pageant's-stairs, Rotherhithe,
before Mr. CARTER, relative to the death of Edward Evan
Jones, oue of the two young men drowned on Friday evening
last, through the upsetting of a wherry-boat by the Red
Rover, Herne Bay steamer, off Globe-stairs, Rotherhithe.

Two of the sur,:ivors, Mr. Robert Cumberland (whose bro-
ther-was olso drowned) and Mr. John Snape, were examined
at coniderable length, and they acknowledged that the melan-
choly affair was perfectly accidental, and that every assistance
and kindness had been shown to them by Captain Large, the
commander cf the Red Rover.

The Jury returned a verdict of Accidental Death.

SHIPPING INTELLIGENCE.

ADVICES, ARRIVALS, AND DEPARTURES AT
THE SCOTCH WHARFS.

Monday, July 13.-1 V iud W. N. W., with a fresh breeze.
HOARE'S DUNDEE AND PERTH WHARF.—Advice
the Dundee, Perth, and London Shipping Company's steam-
ship, Dundee, John Wishart commander, arrived at Dundee
on the 10 t h instant, after a very quick passage _from London
of thirty-eight hours.
WHARF. AdViCCS the Dundee, Perth, and Lon-
doo Shipping Co:npanv's smack Sovereign, William Simmers
master, sailed from Dundee the 1111 instant ; the Fraser-
-lurgh Shipping Company's smack Craig Elachie, Andrew
James master, sailed front Fraserburg the 7th instant, both for
this Wharf whir general cargoes ; and the Kirkaldy and Lon-
don Shipping Company's smack Fifeshirc, James Grant mas-
ter, arrived at Kirkaidy the Sth instant. Arrivals ; the Kirk-
aldy and London Shipping Company's smack Enterprise,
James Mann master, from Kirkaldy with a general cargo, after
a very quick passage of three days. No departures.
DOWNES'S WHARF.—Advices : the Peterhead and London
Shipping Company's smack London, John Robb master, sailed
from Peterhead the Bth instant with a general cargo for this
Wharf. Arrival : the 13ridport Shipping Corzpany's vessel
Lark, R. Swain master, from Bridport with a general cargo.
No departures.
C'Atinos \VhrtcF.—No adv:ccs, arrivals, or departures.
MILL R's Wunnp.—Advice : the Leith and Edinburgh
Shipping Company's smack Robert Bruce, William Anderson
master, sailed from Leith the 10th inst. for London. Arrivals:
the Leith and Edinburgh Shipping Company's smack Pilot,
• George Horde master, from Leith ; and the Aberdeen and.
London Shipping Company's steam-ship City of Aberdeen,
Alexander Morison commander, from Aberdeen, at a quarter-
past four P. AL, with a number of passengers, cattle, and a large
cargo of merchandise. No departures.
Lam AND GLASGOW WHARF.—Advice ; the London and
Leith Shipping Company's steam-ship Royal William, An-
drew Richards_on commander, sailed from Leith for London on
Saturday, the 11th inst. No arrivals or departures.
LEITH AND BERWICK WIIA RF. —NO advices. Arrival : the
Berwick Shipping Company's smack Ceres, Ralph Moss-
man master, from Berwick, with a general cargo. No de-
partures.

VESSELS ENTERED INWARDS AT THE CUS-
TOM-HOUSE, JULY 13.
The Sir E. Banks, Norwood, from Rotterdam; Dart,
Block, from Ostend ; Palmira, Loader, from Bombay and
Colombo ; Tyro, Tritton, from Guernsey; Briton, Kcnward,
from Guernsey ; Hibernia, Bedwell, from Guernsey ; Cora,
Prater, from Guernsey ; Nautilius, Ilaesloop, from Blumen-
thal ; William Inglis, Laborn, from Leghorn; Heed, George,
from Mogadore: Three Sisters, Lund, from Dunkirk ; Wes-
-lev. Tindall, from Petersburg; Hiram, Goad, from Gibraltar;
Elizabeth, Weir, from Havanna; Garland Grove, Penzelly,
from Jamaica; Mariana,. Stephens, from Gotteaburg; Bees'
Wing, Sm:th, from Oporto ; Tods, Black, from Oporto.
ENTERED OUTWARDS FOR LOADING, JULY 13.
The Brothers, Davis, for Madeira; Marmion. Butcher, for
St. Mary's, Gambia; Orontes, Currie, for Madras; Swallow,
Antis, for Malaga; Dart, Le Lacheur, for Malaga; Bran-
stons, Hill, for Elsinore and Riga; Jane, D'igby, for Havre.
CLEARED OUTWARDS WITH CARGO, JULY 13.
The Unicorn, Mullen, for Elsinore and Petersburg ; Mar-
garetha Cornelia,.Haswinkel, for Amsterdam; Prince of Wa-
terloo, Page, for Ostend ; Indemnity, Woodall, for Deme-
rara; Emily, Roome, for Hamburg; Sir R. Barclay, Ar-
thur, for Havre and Ronen ; -Alkmaar, Heath, for Rotterdam.
CLEARED OUTWARDS IN BALLAST, JULY 13.
The Hope, Cousens, for Harlingen; Margaretha, Stehr,
for Kiel; Chieftain, Kenney, for the South Seas; Jessie,
Harvey, for Gottenburg ; Amity, Barton,' for Dunkirk.