The Sun.
London, England, 1866-01-13 00:00:00

COURT OF EXCHEQUER.

(Before the Lord Chief Baron, and Barons Martin,
Channell, and Piggott.)
BOUILLON V. VALENTIN.

Their lordships gave judgment in this case, which
was originally tried at Westminster, and, it will be
recollected occupied the court for many days. It
was an action to recover the value of certain shares,
and the jury gave a verdict in favour of the de-
fendant, Madame Valentin, whose case has so
often been before the judges, and with which the
public are fully acquainted. Their lordships this
morning decided against Madame Valentin, and
directed the rule to be made absolute for a new
trial. . _

The case will therefor© have to be retried.
CAVE V. FIELDSON.

Serrant Parry moved in this case for a new
trial on the ground of misdirection, surprise, and
verdict against evidence. The action was brought
by the plaintiff, Mr. Cave, the lessee of the Mary-
lebone Theatre, against the defendant, the editor of
one of the local journals published in the borough of
Marylebone, for damages for assault. The assault
complained of arose at a public dinner, which was
given to celebrate the return of Mr. Chambers as
one of the members for Marylebone at the last gene-
ral election. A number of the supporters of the un-
successful candidate and late member, Lord Fermoy,
were present, and when certain toasts were proposed
a disturbance was created, and the plaintiff feeling
some interest in the matter took part in the discus-
sion. The contention became so great that the
convenience of the general company was inter-
fered with, and the plaintiff was threatened to be
removed from the room if he did not become quiet.
He questioned the right of any persons to re-
move him from the place, but four of the company
made short work of that matter, as they took up Mr.
Cave and carried him from the room and literally,
as Sergeat Parry said, threw him into the gutter.
The plaintiff alleged he had been treated with
great violence, and he accordingly brought his
action against the defendant as one of the persons
who had been active in the matter. For the defence
it was contended that the plaintiff had conducted
himself in a very objectionable manner, and that he
was in consequence removed. The jury found a
verdict for the defendant, and thi s decision the
plaintiff was anxious to have reconsidered on the
grounds stated.
The Court was unanimously of opinion that
there should be no rule in the case, and the learned
sergeant's application was refused.

COURT OF COMMON PLEAS.
BERRY V. DA COSTA-BREACII OF PROMISE.

Mr. Huddlestone moved in this case, on the part
of the defendant, for a new trial on the ground that
the damages were excessive and misdirection. It
will be recollected that the action was originally
tried before Chief Justice Erle iu November last,
and a verdict was given for the plaintiff for £2,500.
This amount, the learned counsel contended, was
excessive and quite beyond the justice of the case.
The learned gentleman then read an affidavit by the
defendant, which stated that his income had been
greatly overstated—that hehad not seduced plaintiff
—that the first time he met her was in Oxford-street,
and that the relationship which existed between
them had been continued entirely with the consent
of the plaintiff. If this was the case, the learned
gentleman said it was not surprising that defendant
should wish to break off the intimacy, and thus he
sent the letter to the plaintiff, referring her to his
solicitor, relative to a settlement of any demand she
might have upon him. The evidence respecting the
defendant's means was greatly exaggerated, as in
his affidavit he stated also she had only £6OO per
annum.
Mr. Justice Smith remarked that that was the
income of defendant at the time of action.
Mr. Huddleston proceeded to argue strongly in
support of his application, and contended that the
means of the defendant must be taken at the time
the intimacy existed, and not upon his prospective
position.
Rule refused.

POLICE INTELLIGENCE.—This Day.

WESTMINSTER.

Henrietta Griffin, a woman aged 35, was charged with
begging of the Marquis of Townshend.
The prisoner said she had got no home and was desti-
tute ; but the gaoler said she had been at the Court before,
and she was put back for the attendance of the parish
officers.

THAMES.
Ellen Macarthy, a low dissipated woman, was charged
with biting off the nose of Ann Swann. Mr. Partridge,
the magistrate, to mark his opinion of the brutality, at
once committed the prisoner for trial.

MARKETS—This Day.

COVENT GARDEN.

The market was scantily supplied with vegetables, and
the show of fruit was moderately good. Most kinds met
a steady sale, as follows :

FRUIT—Pine apples, 8s to 10s • hot house grapes, 5s Od to
lOs ; foreign do, 9d to 2s Od ; filberts, is 6d to 2s Od per lb ;
apples, is 9d to 4s Od per half sieve ; oranges, 4s Od to 8s ;
lemons, 3s 6d to 8s ; walnuts, is to 2s per 100.
VEGETABLES—Red cabbages, is 6d to 3s Od; white do.,
8d to Is 3d; Savoys, 8d to is 3d; celery, 8d to is 9d;
horseradish, Os 9d to 2s Od per doz heads ; greens, 3s to 4s
Od; turnips, is 6d to 2s Od ; carrots, 3s Gd to 4s 6d.; onions,
is 6d to 2s per doz bunches ; brocoli, Gd to 8d ; forced
rhubard, is Od to is 6d per bundle ; Brussels sprouts, is
6d to 2s Od per half sieve; seakale, is 3d to 2s 6d; and
mushrooms, 8 to is 3d per punnet.