The Sun.
London, England, 1835-12-21 00:00:00

KING'S BENCH-SATURDAY.

DRIVER AND ANOTHER V. CHOLMONDELEY AND DRUMMOND.
This was an action to recover the amount of an auc-
tioneer's charges for the sale of an estate. The estate had
been valued by the plaintiffs ; but the day before the sale
it was sold by- private contract for 28,0001., from which
was to be deducted the value of the timber. The plaintiff
charged 11. per cent. upon the produce of the sale, and
claimed it not only by the custom of the trade, but on the
ground that the terms had been communicated to the de-
fendants, who employed the plaintiffs, after notice of the
terms on which they did business. The defendant had paid
7001. into Court.
Lord DENMAN said that the plaintiffs were entitled to a
verdict, and therefore, after deducting some expenses which
the plaintiffs ought to have paid out of the commission, a
verdict for 4721. in addition to the 7001. paid into Court
was to be taken for them.

MOItLAND V. NODES.
This was an action for an assault, committed by the de-
fendant on the plaintiff, upon occasion of a dispute among
the frequenters of -Tottenham-court-road Chapel. There
were two parties in that chapel, one in favour of the Minister,
the Rev. Mr. Campbell, and the other opposed to him. On
the 1 lth of October these parties manifested their differences
in the following manner :—Ayres, the clerk, gave out a hymn
to be sung by the congregation : part of them did sing it, and
part refused. When this hymn had been sung, another por-
tion of the congregation joined in another hymn, given out
by Coultman. When the evening service approached, the
plaintiff and another person, named Collins, the secretary to
the chapel proprietors, went into the pew usually occupied
by the singers, took possession of the singing books, and
were bringing them away to carry them into the body of the
chapel, when Ayres, who was locked in the clerk's desk,
called out, " Nodes, Nodes, they are taking away the 'books."
The defendant seized the plaintiff by the collar, and threw
him against a pillar.
The Jury returned a verdict for the plaintiff—Damages
one farthing.

COMMON PLEAS-SATURDAY.

COLLINGWOOD V. SHEAItMAN.

This was an action of ejectment, brought by the plaintiff,
on behalf of the Corporation of the City of London,
against Mr. Francis Shearman, proprietor of the Oxford
Arms Inn, Warwick lane, to recover possession of a portion
of the old London wall, which has for the last one hundred
and fifty years formed part of that very ancient inn.
The LORD CHIEF JUSTICE having summed up the evi-
dence, the Jury found a verdict for the defendant.

POLICE IN TELLIGEN CE.

GUILDHALL.

Windus was re-examined, charged with having
stabbed his wife at their lodgings, on Bennet's-hill: The
case was dismissed.

HATTON- GARDEN.

George Waddington, gaoler of this office, was charged
by Mr. Chesterton, the Governor of the House of Correc-
tion, with leaving a child at the house of complainant, and
refusing to take it away when required to do so.
At the sitting on the previous evening, Bridget Smith, a
pauper, was ordered' by Mr. Laing to be committed to the
House of Correction for disorderly conduct. She had, at
the time the order was entered, a delicate-looking babe in
her arms, which, with Its mother, was given over to the
custody of Waddington. On conducting the woman, with
the child, to the House of Correction, Mr. Chesterton, the
Governor, desired him to take away the child, adding,

" You police fellows are not going to bring who you like
here." Waddington refused, when, after some words be-
tween the parties, Mr. Chesterton gave him into the cus-
tody of the police, who took. him to the station-house. He
was liberated in a few hours on procuring bail. The case
was heard in the Magistrates' private room, no one but Mr.
Rogers, Mr. Chesterton, Waddington, and the clerks, being
present. tiv hat transpired is therefore not known ; but,
from a casual remark made by Waddington's counsel on
leaving the of ice, it would appear to be the intention of
Waddington to -bring an action for false imprisonment
against Mr. Chesterton.