The Sun.
London, England, 1835-12-15 00:00:00

VICE-CHANCERY-(THIS DAY.)

His Honour the VICE CHANCELLOR was occupied the whole
morning with the part-heard case of "- Tolverley v. Malachy,"
a question which related to mines in Cornwall, of no interest
to the public.

KING'S BENCH.-(THIS DAY.)

LYNCH V. FARREN.

This was an action for work and labour done by the plain-
tiff, a carpenter, for the defendant, who was engaged in build-
ing houses in John-street, Tottenham-court-road, and Char-
lotte-street, Fitzroy-square. The work done amounted to
601. 18s. ; and of this about 301. had been paid, arid the
action was brought to recover the balance.
After the first witness had been examined,
Lord DEN MAN inquired if there was any objection to have
the case referred ? There was a very long bill, none of the
items of which amounted to a pound, and it would be impos-
sible for the Jury to come to a correct decision, as the prices
charged were disputed, and also the quantity of work done.
KNOWLES, for the plaintiff, had no objection to have the
case referred.

Counsel for the defendant bad been instructed by his attor-
ney not to refer the case.

Lord DENMAN could not conceive what motive a party
could have who instructed his attorney not to refer such a case.
It must be obvious to every body that the examination of an
account of that sort could not take place in Court, although it
might be Fettled in half an hour out of Court.

It was ultimately arranged that the case should be referred
to arbitration, and a verdict for the plaintiff was taken by
consent.

WINTER V. HARDWICK.

Mr. ERIE stated the case. It was an action for an arrest
and imprisonment, from malicious motives, and without pro-
bable cause. The parties reside in Bristol. The plaintiff is
a surgeon carrying on a respectable business there, and the
defendant is a bookseller, who had been attended professionally
by the plaintiff for two or three years, and had in consequence
run up a considerable bill for medicine and medical attendance.
The plaintiff had taken some books, and had also received a
bill of exchange in part payment of this debt. Matters stood
in this way in the year 1834, when a slight difference arose
between the parties, and the defendant caused the plaintiff to
be arrested for a sum of 401., in Queen's-square, one of the
most public parts of the city of Bristol, thereby subjecting him
to an exposure and disgrace, which no professional man would
wish to experience. He would show that the defendant
bad no reasonable or probable cause for this proceeding,
because the law was, that where parties mutually con-
tracted debts, one had no right to arrest the other for
the full amount of his demand, without giving credit for what-
ever might be due on the other side. The defendant had
filed a declaration in the Tholsel Court of Bristol for 401., on
which action he arrested the plaintiff, although it subsequently
appeared, when Mr. Winter brought an action in the Court
of King's Bench for the amount of his bill, 68/., that there
was actually a balance of 18/. 10s. in his favour, for which
the Jury gave him a verdict.
JAMES P. HINTON, solicitor for the plaintiff, produced the
record of the proceedings in the Court of King's Bench in
the case of Winter v. Hardwick, in which there was a verdict
for the plaintiff, 18/. 103.
GCorge Vickery, a Sheriffs'-officer of Bristol, arrested the
plaintiff, at the suit of the defendant, on the 23d of May,
1834, in Queen's-square, and brought him to a lock-up house
in Broad-street, where- a detainer was lodged by Peters, a
tailor, brother-in-law to the defendant.

George Parker, plaintiff's assistant., had asked the de-
fendant to accept a bill for 25/., in payment of Mr. Winter's
bill. Defendant said be did not think it would amount to so
much, and must see Mr. Winter before he would accept the
bill—this was before either of the actions had been brought.
It also appeared that the defendant had not proceeded
with the action on which be had arrested the plaintiff.
Lord DENMAN did not see any proof of malice in the case.
It was a mistake which any person might make. It would
perhaps be better for the Jury to hear what the defence was.
Mr. BILL (with whom was Mr. Batt) addressed the Jury
for the defendant, and contended that the plaintiff had not
proved malice, and therefore there was no pretence for bringing
the present action.
The Jury interrupted the Learned Counsel in his address,
and found a verdict for the defendant.

ROLLS COURT.-(THIS DAY.)

THE ATTORNEY-GENERAL V. THE DEAN AND CHLPTER OF
ST. PAUL'S.

This was an information filed by the Attorney-General, for
an account of the rents and profits of a certain estate, left for
certain charitable purposes, and also whether there was a sur-
plus after those charitable purposes were satisfied, and if there
should be a suplus for a scheme for its future application.
It appeared, from the statements of the Counsel on behalf of
the relators, that the testator, by his will, dated in 1677, left
property, then producing 5001: a year (but which, at the pre-
sent moment, produced 2,0500, for the augmentation of ten
vicara_res to the extent of 30/. a year each, the surplus to go
towards building and repairing the cathedral church of S't. Paul.
The information stated that the will was made previous to the
destruction of the Cathedral by fire. This statement, how-
ever, was manifestly incorrect, inasmuch- as St. Paul's was
destroyed in 1666, and the will was dated 1677.
Mr. TINNEY and Mr. COOPER appeared for the relators,
and Mr. BICKERSTETII and Mr. PEMBERTON for the de-
fendants. •

• His lioxoun, without calling upon the Counsel for the de-
fendant said; it was his opinion.thut it would be highly inex-
pedient to encourage such information as the present, as it
proceeded upon an assumption that St. Paul's Cathedral was
destroyed by fire previous to the date of the will. The infor-
mation was clearly incorrect in this respect, under such circum-
stances, 'the historical fact on which alone the information
rested having been erroneously stated, he felt bound to dismiss
it with costs.

CENTRAL CRIMINA L C OURT.-
(THIS DAY.)

OLD COURT.

William Snoohs, 27, Thomas White, alias Hatch, alias
Lane,' 2b, and John Malay alias Burbridge, 21, were in-
dicted for unlawfully uttering counterfeit money, well know-
ing the same to be counterfeit.

Fanny Jones, the landlady of the George public-house,
Rorough Market, stated that on the 20th of November,
Snooks and Lane entered her husband's house, and
called for some spruce and gin, and in payment for
which Snooks gave her half a sovereign. Witness gave
the change, consisting of three half-crowns, and two shillings,
and three penny pieces. Lane asked him why he changed his
half sovereign, and added that he had enough copper money.
Snooks then said he would have the half sovereign back,
and witness having received the change back, gave him
the half sovereign. The prisoners then left the house,
and Maley entered it, at the same time observing,
that the man had given her a bad half-crown in change.
He then went, and with other. assistance, brought back the
other prisoners. -Snooks then offered the bad half-sovereign
in return for the same change, witness refused, and gave
them into the custody of a policemen, and delivered the bad
half-crown to the officer, when Maloy knocked it out of his
hand and took it up and put it in his mouth, at the same
moment giving a good one to the officer.
William Graham, a policeman, took the prisoners into cus-
tody and found some good money on their persons. The bad
half-crown was never found.

The RECORDER summed up at great length, remarking upon
the peculiarities of the case, and the jury returned a verdict of
Guilty against all the prisoners.

NEW COURT.

Joseph Elias, a. man of colour, aged 25, was indicted for
stealing a musical snuff-box and a quantity of silver-handled
knives and forks, the property of Daniel Ely.
The prosecutor, a jeweller in Soho, stated that the pri-
soner had been occasionally employed in his shop, and on his
leaving his service he missed the articles in question. He af-
terwards discovered that the prisoner had pledged them at a
pawnbroker's shop in King-street, Soho.
Thomas Stephens, a pawnbroker, produced the snuff-box,
which he deposed had been pledged by the prisoner.
The prisoner, in his defence, said (in broken Engiish) that
the prosecutor had a sovereign from him towards the purchase
of a mangle, which be promised to buy to enable him to get a
living. He (the prisoner) had applied several times for the
money, but could neither get:that nor the mangle, and being in
great distress he took an opportunity to take the articles in
question and pledge them.
The prosecutor denied that he had refused the prisoner the
sovereign, and said he had never applied for it. He knew
the prisoner was in distress, and had a wife and young child
to support.
The Jury returned a verdict of Guilty, but recommended
the prisoner to mercy.

The Government has now an Irish Peerage at its
disposal, a year having elapsed. since the death of the Duke
of Gloucester. It is understood that the Right Hon. Do-
minick Browne, M.P., will obtain the honour ; in which
case a vacancy will occur in the representation of Mayo.
Sir W. Palmer, a wealthy Baronet of that county, is likely
to succeed Mr. Browne in the House of Commons. Sir R.
Peel intended this Peerage for Mr. Daly, of Dunsanble, in
the county of Galway, who has long been ambitious of a
title of Nobility.
WHALERS BESET IN THE ICE IN BAFFIN'S
to learn that the unfortunate
BAY.---It will be gratifying
sufferers now left in the Arctic regions (600, or thereabout
in number), the crew of 11 whaling vessels beset by the
ice, are likely to have the able aid of that distinguished
officer Captain James Clark Ross, the discoverer of the
uorth magnetic pole, who has volunteered his service to
Government, and which have been accepted, to perform
the humane but dangerous duty of commanding an expe-
dition to search for, and, if possible, to restore them to
theii country and friends. It is needless to remark that
the most sanguiue hopes of success may be entertained of
such an enterprise, reflecting, as it does, the highest credit
on this intrepid young officer for his noble feelings of hu-
manity on this interesting occasion ; and his having been
in every expedition to those northern seas since 1819,
warrants the conviction that all the assistance which hu-
man aid can afford, will be given by Captain Ross, no less
distinguished for his scientific than his practical acquire-
ments. We understand that three vessels, properly ectiipped
:at:ailed for 1,-, • •
command from Hull, for which place he has already taken
his departure.