The Sun.
London, England, 1835-12-19 00:00:00

ROLLS' COURT.-FRIDAY.

THE ATTORNEY-GENERAL V. MERCIIAMT TAILORS'

CO bIPA NY.

Mr., BICKERSTETII appeared in behalf of the relators.
By the will of a lady named Ellen Gulston„ dated' n 1.07,
a sum of 6001. was left to the Company in trust, to pay
the interest to certain poor widows. The Company eon.
sented to become trustees. The testatrix by her will fur-
ther requested that the Company would bestow the said
sum in purchasing such rents as would answer the sum of
301. a-year. The representatives of the testratiX paid tho
six hundred pounds to the ConTany., who tiov pbreitased
the rants as directed. The defend-AV, 'by their answer,
set. up a -defence which othep corporations , bad
availed themselves of. 'They statec\that hi; kV. tine of the
great rebellion they were coropAA. to submit to forced
loans and exactions from Government, and that thus the
charity property was I.ost. This defence was ptt.OVAY 1. t,l
same as that.
Set. up in the case of: tbA Atkbaey-General v.
Haber‘ld
sitters' Commo.v., \Nkiltt\ri was lately heard be-
fore 11... e Vice-CharrNila. If the Company had laid out
d'..e money Aktected, the loss would never have occurred.
They were under an obligation to invest the money, and the
Cowl, he trustekwould.enforce that obligation.
Sir C. WETHERELL, on behalf of the defendants, con-
tended that, as the-property had been lost during the civil
wars, the Company could not now be held responsible or
made to account for the sum in question. The rule of the
Court was, that a trustee would be held relieved from his
trust when the trust property had been lost through 'civil
dissensions or commotions.

Ilis Honour the AlAsTEtt a the ROLLS deferred his
judgment till to-morrow (tLis day) morning.

KIRBY V. PICKERING.

Mr. J. RUSSELL moved C parte in this case fora spe-
cial injunction, to restrain the defendant, the publisher in
Chancery-lane, from printing or selling any further copies
of the treatises of which the plaintiff was the author. The
plaintiff was appointed by the Royal Society, acting untk,r
the munificent bequest of 1,0001. in the will of the late
Duke of Bridgewater, to write a treatise oil the subject of
the " power, wisdom, and goodness of God, as manifested
in the works of the creati'ott,' Mr. Kirby had written
treatise on the " tkittnry, habits, and instinett of m als."
Two or three ytars ago he entered into an agreement with
the defendant for the publication of the work. By that
agreement Mr. Pickering was to be at liberty to publish
1,000 copies of the treatise, with a power to add 500 to
that number. When the second volume was in prepara-
tion, Mr. Pickerinc, wrote a letter to the plaintiff, in which
he stated that he thought it would be advantageous to both
parties if 2,000 copies of the second volume were printed.
Mr. Kirby, in acceding to this proposal, informed Mr.
Pickering that he thought he was also giving him liberty to
make up the number of the first volume to 2,000. The
treatise was published, and from the information which Mr.
Kirby derived from the defendant's shopman, he was led to
suppose that 5,000 copies of his work had been printed.
He had subsequently addressed letters to the defendant de-
manding an explanation, but no satisfactory explanation had
been given. Under these circumstances, recourse had been
had to the present proceedings.
His HONOUR granted the injunction, as prayed.

VICE-CHANCERY COURT-FRIDAY.

DESANGES V. GREGORY.

•
This case before the Court upon exceptions to the Mas-
ter's report. Mr. G. Gregory, a solicitor, residing in the
Poultry, had been employed by the plaintiff, as his solicitor,
to defend certain actions which had been brought againit
him in his character as a Director to the Potosi Mining
Company, and the amount of costs incurred thereby to Mr.
Gregory was nearly,soo/. The plaintiff having been un-
successful in his speculations refused to pay the defendant
his bill of costs, but commenced a suit in equity against
him for an account as between principal and agent. The
defendant put in his answer to this bill, and to that answer
exceptions had been taken before the Master (Brougham)
for impertinence. The Master allowed the greater portion
of those exceptions, and the defendant now excepted to
his report.

Mr. KNIGHT addressed the Court in support of the ex-
ceptions, and. Mr. WAKEFIELD sustained the report.
The VICE-CHANCELLOR directed the exceptions for im-
pertinence to be overruled.

CENTRAL CRIMINAL COURT.

OLD COURT.

Robert Balls, Thonzas Harris, and Marcus IVarschaur,
alias Mordecai Moses, were indicted for unlawfully forging
and engraving, upon certain pieces of copper, in the Polish
language, a certain order for money, with intent to defraud
a certain Corporate body belonging to the kingdom of Po-
land, of which said kingdom Nicholas is King, and who is
recognised by the Crown of England as King of Poland.
The indictment contained no less than 73 counts.

AFter the case for the prosecution had closed,
Mr. CLARKSON, on the part of the prisoners, submitted
that there was no case made out to call upon the prisoners
for a defence on the present indictment. The prisoners
were charged with forging an instrument purporting to be
a genuine note of the kingdom of Poland. Now, on the
upper part of a genuine note appeared these two words,
piec and zlotych, which meant two guilders or gulden.
There was also in the upper part of the note the words
bells kassowy, which meant cash note ; and.in the .upright
portion of the note, on one side of the margin, appeared in
figures, 1824 ; and on the opposite margin the word rokou,
meaning the year. Now, in the indictment the words piec,
zlotych, belis, hassowy, and rokou, did *not appear, The
Attorney-General, no doubt, would endeavour to explain
why the whole of the words were not set out ; but the
Court had heard, that unless the whole of these words ap-
peared on a note, it could not be circulated. In consequence
of these" omissions, he now contended that the Court could
not call either upon Harris or Balls for-a defence.

The ATTORNEY-GENERAL argued at great length m sup-
port of the indictment.

Mr. CLARKSON having replied,

. -
Mr. Justice LITTLEDALE expressed his opinion that the
first objection as to the introduction of the word gulden in
the translation was not sufficient to stop tho ease. He en-
tertained the same opinion as to the other words, they, for
the purpose of justice, being sufficiently set out.
A great number of witnesses gave Moses an excellent
character for honesty.

Several witnesses'sls.oke to the same effect on behalf of
Harris.

Balls also calle(1, witnesses to character.
Mr. Justice 1-arum:Lux summed up, when the Jury,
after an alr,erta of a quarter of an hour, found the follow-
ing ver-..,116, :_.. The Jury are of opinion that the three pri•
goner; acted in concert, but agree with your Lordships that
1e evidence does not bring the case sufficiently home to
them."

Mr. Justice LITTLEDALE—Then, Gentlemen, that is a
verdict of Not Guilty. _

The prisoners will be tried again to-morrow (this day),
Balls and, Harris for the forgeries on the Austrian Govern-
ment, and Moses for having the plates in his possession.

NEW COURT.

Robert Jolly, aged 30, was indicted for receiving a
quantity of books, of the value of 65/., the property of
James Leach Ridgway and another, well knowing the same
to have been stolen.

Mr. Ridgway, Dennis Holland, the porter, and his wife
were examined in support of the charge.
The prisoner, in his defence, said he was in the habit of
buying books in the usual way of the trade. He paid what
he thought a fair price for the works in question, and had
no suspicion that they were unfairly come by. He called.
crown, who deposed that he was t'he pri-
soner's shop when Holland came the':: ana offered a book
e:or sale. The prisoner, aft Tr making inquiries, gave him
7s. for it.

A number of witnesses were called, who gave the
soner a most unexceptionable cliarart,el%
'rile RECORDER having summed , the ~ury returned a
verdict of Guilty, but retttumended the prisoner to mercy.
The prisoner nil() appeared to be suffering under ex,.
treme agoni• bf mind, said, trit:, great emphasis, " aWt
innocent, so help me God! This verdict has ruined me
and. idasted my hopes for over,"
The RECORDER in an impressive address said he fully
agreed with the Verdict of the Jury. The prosecutor had
suffered immense loss by the dangerous and mischievous
mode in which some booksellers carried on their business,
and lie thought he was going out of his strict line of duty
in passing a much lighter sentence, than, but for the re-
commendation of the Jury and prosecutor, he should have
felt bound to inflict.

The sentence of the Court was, that Christopher Mudie
and Robert Jolly Amid be imprisoned and kept to hard
labour for the term of six months.

SENTENCES.

At six the Recorder, accompanied by the usual authorities,
entered the New Court, and proceeded to pass sentence on
the following prisoners :
TRANSPORIAVION FOR LlFE.—Nathaniel James, James
Bennett (Aged 15), John Foster, and William Barker.
FOR FOURTEEN YEARS.—Thomas Bennett, Edward Tur.
net, Mary Payne, and Thomas Jackson.
Foe SEVEN YEARS.--W. Wilkins, J. Jepson, Louis
Hornblow, Thomas Page, Charlis Davis, William Dodson,
William Clark, Caroline Hibbert, Richard Goggin, William
Brown, William Lessom, John Chard, James Watts, John
Sutcliffe, Edward Phillips, John Smith (aged 27), and E.
Johnson (aged 18.)
TO DE IMPRISONED AND KEPT TO HARD LABOUR FOR ONE
YEAR.—John Brown; Ann Clark, Thomas Clark, Deborah
Ward, Rachel Wilcox, William Murrell, Sophia Franklin, W.
Norman, John Ayres, and Henry Healy.
For, Din-I'll—John Thomson, and Josiah Allen, for bur
glary.