The Sun.
London, England, 1835-12-22 00:00:00

ROLLS' COURT.-(THIS DAY.)'

His Honour the MASTER of the ROLLS was occupied
the whole morning with hearing unopposed petitions, none
of which were of te least public interest.

VICE-CHANCERY.---(THIS DAY).

THE ATTORNEY-GENERAL V. THE CORPORATION OF WELLS

His Honour the VICE-CHANCELLOR shortly after taking
his seat, stated that Lord Commissioner Bosanquet had it-
ceived a letter from his (the Vice-Chancellor's) respectful,
but he must say inefficient, correspondent, Mr. W. H.
Fowles, with respect to the subject of the Market-place at
Wells. A similar letter had also been sent to Lord Den-
man, to which that Noble Lord had sent an answer, stating
that it was impossible for him to pay attention to a private
communication with respect to a matter that was likely to
come before him in a judicial capacity. With respect to
the letters which Mr. Fowles had written to the Lords Com-
missioners and himself (the Vice-Chancellor), he had only
to say it was highly improper, and it was in vain for Mr.
Fowles to write to the Lords Commissioners jointly, or him-
self individually, as they could pay no attention to his let-
ters upon a subject that was to come before them judicially.
His Honour trusted that some kind friend would represent
to Mr. Fowles the impropriety of his conduct, and that
that representation would have the effect of causing him
to desist.

Shortly afterwards his Hononr retired into his private
room to hear the ease of a ward, and had not returned into
Court when our Reporter left.

KING'S BENCH.-(THIS DAY.)

FISK v. BIRCHFIELD AND ANOTHER.

Mr. CLARKE (with whom was Mr. JONES) stated the
case. It was an action for an assault. The plaintiff was
foreman to Mr. Sylvester, a butcher, carrying on business
in Chancery-lane, and the defendant, Thomas Birchfield, a
scale-maker residing in Smithfield. A weighing-machine
had been sent by Mr. Sylvester to the defendant's shop to
be repaired, and after having applied for it repeatedly, the
plaintiff was sent with orders to get the machine whether
done or undone. Fisk accordingly went for it, but the de-
fendant refused to give it. Fisk said he was ordered to get
it whether done or undone ; and the defendant replied,
" Let his master come for it." The defendant persisted in
refusing to give the machine, and being a very powerful
man, pushed Fisk violently out of the shop against
a cart. His son, Samuel Birchfield, followed Fisk
and struck him with his clenched fist in the eye, the elder
defendant encouraging the son to " floor him." It
was for this assault, violent and unprovoked, committed by
two persons upon one man, that the present action was
brought. He trusted the evidence which he would bring
before them would satisfy the Jury that his client was enti-
tled to their verdict, and that they would give him such
compensation as he was entitled to.
James Stevens—l am a pork-butcher, residing at Ed-
monton. I know the defendants, who are scale-makers in
Smithfield. I was in their shop on the evening of the 13th
of March last. The plaintiff was there, and asked for a
weighing machine belonging to his master. The elder Birch-
field said it was not done. Plaintiff said his master's orders
were that he should have it done or undone. Birchfield said
he could not nor should not have it. Plaintiff went away
and fetched a person named Williams, and they were
about to deliver the weighing machine, but the elder
defendant cried out, You sha'nt have the machine ; go and
send your master for it. Plaintiff said, my master is better
employed, and can't come for it—.you had better let me
have it. as my master's orders are, that I should have it,

done, or undone. Birchfield then pushed him out of the
shop against a cart. The son followed, and hit the plaintiff
with' his fist in the face. After the son had struck him, the
father cried out, " his eyes, floor him, Sam," and both
fell. I saw a mark on the plaintiffs eye-brow a day or two
afterwards. The plaintiff conducted himself very quietly
all through, and did not attempt to strike till he was
struck by the elder Birchfield.
Cross-examined by Sir F. POLLOCK—I saw nothing
improper in Fisk's conduct all through. I did not hear
the defendant tell plaintiff to leave his shop till he pushed
him out. Young Birchfield was lame when he got up.
Robert Rewks—l was standing near the defendant's
shop on the evening in question. I saw the elder defendant
having hold of the plaintiff's shoulders, pushing him out of
the shop. As he had pushed him out, the younger de-
fendant struck him with his fist in the eye. Plaintiff and
the younger defendant then closed, and fell. The plaintiff
and defendant were before Alderman Sir C. Hunter.
He said it was only necessary to hold the defendants to bail,
as the Sessions were near at hand.

The ATTORNEY-GENERAL addressed the Jury for the
defendants, and said he would satisfactorily prove that the
plaintiff conducted himself very improperly—that he was
repeatedly desired to leave the premises, and having re-
fused, he was pushed out by the defendant, who used no
more violence than was necessary to remove him, and in
doing that he was perfectly justified.
John Pemberton, James Williams, and Henry Wynne,
were examined on behalf of the defendants. The substance
of their testimony was, that the plaintiff was very abusive,
and that be attempted to strike the elder defendant, in
preventing which the younger defendant struck him.
Mr. JONES replied.
Mr. Justice PATTESON summed up at considerable
length, commenting upon the discrepancy in the testimony
of the witnesses for the plaintiff and defendants.
The Jury returned a verdict for the plaintiff, damages 40s.

COMMON PLEAS.--(THIS DAY.)

BRIG

NDAY.

This afternoon, at four o'clock his Majesty held a
Privy Council at the Palace, which was attended by
most of the Cabinet Ministers. The members of the
Council will dine with their Majesties this evening,
and the following distinguished persons are invited to join
the Royal party :—The Count and Countess Pozzo di
Borgo, the Marquis and Marchioness of Conyngham, and
the Brazilian Minister.

Lord Glenelg and the Brazilian Minister arrived this
afternoon, between three and four o'clock, at the York
Hotel, and Earl Minto at the Albion.
The First Lord of the Treasury and the Secretary of
State for the Home Department arrived at four o'clock,
and alighted from their carriage in the Palace grounds.
The Hon. W. Bathurst, Clerk of the Council, has
been staying several days at the Albion.
In consequence of the extreme severity of the weather,
their Majesties have not left the Palace.
The Bishop of Worcester is daily expected on a visit
to their Majesties.
The Hon. Mr. Ashley, the Queen's Treasurer, is arrived
from Worthing, but will return, we believe, this evening.
Mr. Crawford, M.P., and Mr. Daniel Whittle Harvey,
M.P., left the Albion Hotel this morning for London.
Sir Andrew Barnard returned to the Palace yesterday
evening from town.
Lieutenant-General Sir Latimer Tomkyns Widdrington
and Sir Charles Scudamore are among our arrivals.
Sir W. and Lady Freemantle quitted Brighton this
morning for Englefield Green, to pass the Christmas
holydays. Yesterday Sir William Freemantle was honoured
with an audience by the King.
His Majesty gave audience to the Master of the Horse
yesterday.
The Royal dinner party yesterday evening was limited
to their Majesties, their Royal relatives, and the suite.
Lady Oswald will give a grand ball this evening, at her
house in Brunswick-square.