The Sun.
London, England, 1835-12-17 00:00:00

TYRIE V. .JOHNSTON.

This was an action to recover a sum of 246/. 12s. Gd.
claimed as the balance due upon a charter
.party effected by
the defendant upon the plaintiff's ship, the Leona. The
defendant had chartered that, vessel to proceed to Llanellyl
in Wales, " or so near thereto as she could safely get,"
and take in a cargo of coals, which were " to be brought
alongside," and with which the vessel was then to pro-
ceed to Jamaica. The freight to be paid was 18s. Gd.
a ton, and the cargo was to be put on board within the
first ten days, after notice given that the ship was ready
to receive it. If the cargo was not pat on board by
that time the defendant was to pay 5/. per day for each
and every day of the succeeding ten days, and after the
expiration of this period the longer stay of the vessel
was to be at the expense of the defendant. The ship pro-
ceeded to Llanelly, but did not go into dock, as it would
have struck there when the tide fell, and its build was such
that it must have been materially injured by striking the
bottom while taking in cargo. The question was, whether,
as the Latona had not entered the dock, the terms of the
charter party had been complied with.
The jury returned a verdict for the plaintiff—Damages,
246/. 12s. 6d.

COMMON PLEAS-WEDNESDAY.

BOURDIEU AND OTHERS V. ROWE AND OTHERS.

This was an issue directed by thedo;;;i- of or,;;ery to
ascertain the just and proper share of the profits of a mer-
cantile firm in Dominica, in the West Indies, trading under
the name and style of Dodson and Co., which a Mr. Tho-
mas Dodson, deceased, was entitled to from July, 1791, to
August, 1798. The original bill was filed by the plaintiffs,
Dodson's representatives, in 1808, against Gudgeon, the
surviving partner, who is likewise since deceased. The de-
fendant's answer denied the existence of any agreement or
understanding between him and Dodson as to the precise
portion which the latter was to have, and in the absence of
any agreement or stipulation, the Lord Chancellor and Vice
Chancellor were of opinion that, as they both were in part-
nership, the presumption in law was that they should have
eqUal shares, unless that presumption was altered or rebut-
ted by an express stipulation to the contrary, and this issue
was accordingly directed, in order to have the opinion of a
Court of Common Law.

The rebutting of this presumption lying on the defend-
ants, Mr. Sergeant WILDE first stated their case, and put
in an enormous mass of evidence, chiefly documentary.
The ATTORNEY-GENERAL opened the case for the plain-
tiffs, and it being late when he closed, the Court adjourned
till the next day, when Mr. Sergeant Wilde will have the
general reply for the defendants.

CENTRAL CRIMINAL COURT.

OLD COURT.

DEC. 15.—Mr. Bonaix was instructed to apply to their
Lordships to fix the trial of those persons against whom a
true bill had been found for forgery and uttering notes,
purporting to be the genuine notes of the Bank of Austria.
The reason for making such an application arose from the
Attorney-General being engaged for the prosecution, and
it was desirable that the Aftorney-General should be ap-
prised when the case was likely to come on.
Their Lordships, as there was no case of murder or man-
slaughter, would take it on Friday.
It was then finally fixed to take place on Friday at ten
o'clock.

Amongst the bills found by the Grand Jury on Tuesday
night was one preferred by some of the electors of the city
of Canterbury against one of the members of the Corpo-
ration of that city. The alleged offence is perjury, which
is stated to have been committed before the Committee of
the House of Commons during the investigation which took
place upon the last election for the above place. The cause
will, we understand, be removed into the Court of King's
Bench by a writ of certiorari.

POLICE INTELLIGENCE.

LAMBETH-STREET.

Yesterday, Lea, the officer who apprehended William
Jourdan and Thomas Sullivan on a charge of being con-
cerned in the late extensive robbery at the Custom House,
stated to Mr., Hardwick, the presiding Magistrate, the
progress which he had made in obtaining evidence against
the prisoners, and his discovery of some most important
documents, which prove, beyond all moral doubt, not alone
the prisoners' participation in the robbery at the Custom
House, but several others in this country and America,
of nearly as daring and extensive a description.
Lea, in consequence of information which had reached
him in the course of his inquiries, had called upon Mr.
Brace, a respectable baker, residing in Goodman's-yard,
Minories, and there found a box which had been left by a
female who passed as the wife of William Jourdan, and
upon opening it; he discovered a great variety of letters and
documents, some of them of a curious description, and the
principal part of them of the utmost importance, as con-
necting him (Jourdan) with the robbery at the Custom
House, as well as others in America. Mr. Brace accounted
to him (Lea) for his possession of the box in question,
and his knowledge of the prisoner Jourdan and his
wife, by saying that, in the year 1832, he (Mr.
Brace) it as one of the Committee of Management
of the Irish Free School in his neighbourhood, in
which a girl, the daughter of a poor woman, named
Hart, then living in the most indigent circumstances, was
in. In the May of that year the prisoner Jourdan, but
who then went by the name of John. Leary (which was his
right name), called upon him, and said he was going to
America, and placed in his hands the sum of 121., which
he desired him to pay to his mother, Mrs. Hart, and bis half-
sister, Mary Hart, at the rate of five shillings a week, and by

the time it would be expended he should, hesaid, remit a fur-
ther sum. He, Mr. Brace, had done as he was instructed,
and in six months afterwards Leary, which was his name,
sent for the mother and sister to proceed to hiin to America,
with ample means to take them there. From- that time
until the spring of 1834 he had not heard any thing of
them ; but at that time Leary called at his house to inquire
if any letters had been sent there to him by his mother,
whom he said he had left with his sister at New York ;
adding that he himself had just arrived from Virginia. At
that time no letter had arrived, but shortly after a letter
was received 'by him, Mr. Brace, from a Mr. Petit, the land-
lord of the Philadelphia Hotel, at New York, where the
mother and sister of Leary had been for some time before
living, announcing the death of the former. Leary sub-
sequently called to make some arrangements for the return
of his sister, and bad also given a refrence to him when he
had taken a house from Mr. Meldrum, baker, in White Hart-
row, Kennington. On the 29th of October last Mrs. Jour-
dan called upon him, Mr. Brace, and said that her husband
was at Birmingham, that her house had beer. attempted to be
robbed, and that, therefore, she wished to deposit in his
care the box which she had brought with her, as it con-
tained many valuable papers, and she was afraid if she kept
_ _

it, it would be stolen from her. She also said that her hus-
band was a jeweller, and was'in the habit of travelling from
one place to another, and that he had lately been to Hol-
land. Mr. Brace, on her representation, took in the box,
and it remained in his house ever since. On the 19th of
the preceding month, September, Leary called on him with
a 100/., in ten-pound Bank of England notes, which he re-
quested him to keep for him until he wanted it, of which
he would give him six months' notice, and told him that he
had changed his name from Leary to Jourdan, in conse-
quence of his being left a large sum of money by a Spanish
gentleman with whom he lived, and that he (Jourdan) was
then in extensive business as a Spanish merchant. Mr.
Brace, in conclusion, declared that he had considered Jour-
dan a respectable man, as he always came to his house on
horseback, and was, up to the time of his apprehension,
paying 401. a year for the education of his half sister, Miss
Hart, whom he had brought home from America, and who
was, in 1831, but a poor ragged barefoot girl, at the Irish
free school, but was at present being taught all the accom-
plishments of a lady.
Lea, on looking over the papers in the box, found the
copy of a letter sent by Jourdan to his step-sister at New
York, requesting her return to this country ; and desiring
her to be particular in bringing with her the jewels and
diamonds belonging to her cousin Tom (Thomas Sullivan),
and also the box of tools which had been left in her mo-
ther's care. Lea observed that there could be no doubt
that the prisoners were obliged to make a precipitate re-
treat from America, and the box of tools alluded to was a,
box of ingeniously-constructed housebreaking implements,
which he (Lea) understood the prisoners were in the habit
of leaving in the care of the mother of Jourdan, who was
at the time living at a hotel; and who would not, of course,
be suspected of having such articles. He had also found
a list of the American bankers, together with maps and
charts of the United States bound in splendid morocco, as
well as other documents, to show that large sums of money
had passed through Jourdan's hands Vvhile in America. In
connection with the Custom-house robbery, he (Lea) found
the bills of parcels of several tradesmen to whom a portiOn
of the stolen notes had been passed, and memorandums

which, though trifling in themselves, would become of con-
siderable importance in the course of inquiry. The officer
further said he had received a letter from an individual who
was in America at the time, stating .that the priSoner Thos.
whcase person, as well as that of a female who ac-
et-M.4)01W him as his wife, he accurately described, and
who went by various names, at one time calling himself'
Lyons; and another Saunders, and had committed various
oliensitre robberies there; escaped from prison, and em-
barket `ben" ltyJanuary, 1834, for England, taking with
him not.less a surf than 25,000 dollars, and at the time
offered as a reward for his 4 000 or 5,000 dollars were ,
ap-
prehension.
Yesterday,•Stitton, a constable of MaceleZeid, arrived
in town, and at once identified the piisoner, Thomag btil-
livan, as the person who bad effected his escape from the
Borough Coropter at that place on the night of the 9th if
November; 1831. It appeared from the statement of Sut-
ton, that a few days before his escape the prisoner had been
apprehended on suspicion, with a person named Wilson,
while purchasing a quantity of silk at a shop in Maccles-
field,- and when searched four 504 notes of the Irish Pro-
vincial Bank, together with a Bill of EAchange for 381.,
were found oil his person, and it was subsequently ascer-
tained that this property had been stolen from a Mr. Ste-
phens,
.a Gentleman residing at Cork, with his pocket-
book, a short time before, in Vauxhall Gardens. Sullivan
by great dexterity, broke out of prison while under exami-
nation, but was subsequently indicted with Wilson for the
robbery. Wilson was acquitted, but the indictment still
remains against Sullivan.
It is not a little singular, that both the prisoners, who
were, but a few years ago, ragged urchins, -and running
about the streets of Whitechapel, should have, by their
daring and dexterity, not only lived in the best style, but,
in the course of four or five years, as is apparent from the
documents belonging to them, have realised at least 10,000!.
each.