The Sun.
London, England, 1859-11-08 00:00:00

COMMISSIONS BY LORDS-LIEUTENANT.

4th or Royal South Middlesex Regiment of Militia—
George Robert Harriott, Gent., to be Ensign, vice Page,
promoted.
14th Middlesex Rifle Volunteers—Josiah Wilkinson,
Esq., to be Captain ; William Atkinson Langdale, Gent.,
to be Lieutenant ; Robert Barclay, Gent., to be Ensign.
Exeter and South Devon Volunteer Rifle Battalion—
Arthur Charles Chichester to be Captain, vice Brown, re-
signed; Lewis Trelawney Clark to be Lieutenant, vice
George, promoted ; Robert Killick Valiance to be Lieu-
tenant, vice Haines, resigned; Henry William Clark to be
Ensign.
Ist Company of Devon Volunteer Artillery—John Hol-
man to be First Lieutenant, vi:e Adney, resigned ; Richard
Holman to be Second Lieutenant, vice John Holman, pro-
moted.
North Devon Mounted Rifles.—Francis Fortescue to be
Lieutenant, vico Marshall, deceased; Lewis Stafford North-
cote to be Cornet, vice Trefusis, promoted ; Edward Cecil
Bishopp to be Cornet, vice Mullett, promoted.
King's Own Light Infantry Regiment of Militia—Lieu-
tenant Joseph Hamilton to be Captain, vice Adams, pro-
moted.
East York Regiment of Militia—Ensign William Hand-
cock Middleton to be Lieutenant, vice Swan, resigned;
Robert Lister, Gent., to be Ensign, vice Morris, resigned.
Lanarkshire Rifle Volunteers-6th Company (Glasgow
Northern 2d).—James Taylor, Esq., to be Captain; James
Rankin, Gent., to be Lieutenant ; David Winton, Gent.,
to be Eusign. 7th Company (Glasgow Northern 3d).—
Archibald Keir Murray, Esq., to be Captain ; James
Leitch Lang, Gent., to be Lieutenant ; William G. Mur-
ray, Gent., to be Ensign. Bth Company (Glasgow
Northein 4th)—John Graham Galbraith, Esq., to bo Cap-
tain ; Charles Inglis, Gent., to be Lieutenant ; Bobert Bu-
chanan Stewart, Gent., to be Ensign. 9th Company
(Glasgow Bankers Ist)—James Robertson, Esq., to be
Captain ; James Syme, Gent., to be Lieutenant ; Hugh
Cowan, Gent., to be Ensign. 10th Company (Glasgow
Southern 2d)—William Smith Dixon, Esq., to be Captain ;
Charles O'Neill, Gent., to be Lieutenant; James London,
Gent., to be Ensign.
Edinburgh City Artillery Militia—William Pounsett,
Gent., to be Second Lieutenant, vice Davidson, promoted.
Ist Edinburgh (City) Artillery Volunteers—Joseph Noel
Paton, Esq., to be Captain; John Faed, Esq., to 13e First
Lieutenant ; James Archer, Gent.) to be Second Lieu-
tenant.

3d Regiment (Light Infantry) of West York Militia—
Lieutenant Ferrara Compton Clarges Loftus to be Captain,
vice Waite, who retires; Ensign Thomas Bolger to be
Lieutenant, vice Loftus, promoted; Ensign Frederick A.
Verner to be Lieutenant, vice Bottomley, appointed to the
Royal Marines; William Lisle Bleukinsopp Coulson, Gent.,
to be Ensign, vice Bolger, promoted.
MEMORANDUM. - Her Majesty has been graciously
pleased to permit CaptainVilhamWaite, on his retirement
to retain his rank, in consideration of his having served 29
years in the regiment.

BANKRUPTS.
James Owen, grocer, 90, Westminster-bridge-road.
Robert Milburn and James Lewellen White, merchants;
Cheapside.

SCOTCH BANKRUPTS.
Thomas Welchman, commission agent, Glasgow.
James Ranken Laing, deceased, watchmaker, Glasgow,
alai et M`Dougall, Dun,:las-street, Glasgow.

LAW INTELLIGENCE.-(TIIIS 1)4Y.)

COURT OF CHANCERY.
(Before the Lord Chancellor and Lords Justices.)
APPEAL PETITION-JUDGMENT-IN RE DURA.ND'S TRUST.
This is an appeal from an order of the Master of the
Rolls, declaring that Mr. Durand had sufficient notice of
the first assignment of the reversion of £lO,OOO, by Mr.
Fletcher, in 1821, and the second assignment of a fourth
share thereof, in 1824, to Mr. Elliston, and that he was en-
titled to rank on his estate accordingly.
The Lord Chancellor said, without expressing any opi-
nion as to the validity of notice of an assignment to a solici-
tor or trustee, I am of opinion that sufficient notice of this
assignment was given to Mr. Durand himself. The order
of the Master of the Rolls ought, therefore, to be affirmed,
and the appeal dismissed with costs.

Lord Justice Turner concurred.
Lord Justice Knight Bruce dissented.
The order of the Master of the Rolls was affirmed and
the apperl dismissed with costs.

COURT OF EXCHERQUE.
(Before the Lord Chief Baron, and Barons Bramwell,
Channell, and Martin.)

SWINFEN O LORD CHELMSFORD-TILE GREAT SWINFEN

WILL CAUSE.

This was an action tried before the Lord Chief Baron at
the last sittings at Guildhall. The declaration charged
the defendant that he, as the leading counsel for the plaintiff
in an issue directed by the Court of Chancery to try the right
as between her and the heir-at-law of the property of her
husband, the late Samuel Swinfen, had wrongfully and
fraudulently entered into a compromise prejudicial to the
plaintiff's interest with the present Lord Chief Justice
of the Queen's Bench, then Sir Alexander Cockburn,
who was the counsel for the heir-at-law. Another account
charged collusion between, the noble defendant and
Sir Cresswell Cresswell, then one of the justices of the Com-
mon Pleas, who tried the cause at Stafford. At the trial, in
which Mrs. Swinfen appeared as the plaintiff and Lord
Chelmsford as the defendant, the jury, after a long trial,
found a verdict for the defendant on all the issues..
Mr. Kennedy now moved on behalf of the plaintiff for a
new trial, on the ground of misdirection, the non-recep-
tion of evidence, and that the verdict was against evidence.
Ho stated that the second count, which charged collusion
with the learned judge, Sir Cresswell Cresswell, would be
abandoned. Premising that the general circumstances of
the case were so well known as not to require preliminary
aulcustaue, Lue - t
Tpview the
proceedings at the late trial, commencing wit the xonee.o
proofs as to proceedings in Chancery and the Common Pleas,
and the instructions to the defendant when Sir F. Thesiger,
as Mrs. Swinfen's counsel, with the view of showing that it
was known to him that there had been an offer of a compro-
mise by the heir-at-law, which had been refused by the
plaintiff. For the defendant it was contended that the de-
fendant was only retained subject to his general right of
counsel to conduct a case, and in support of this it was
shown that two ladies who had been called for the plaintiff
had, in their cross-examination by the Attorney-General,
given such evidence as justified the exercise of that right.
The learned gentleman contended that the evidence given
by the plaintiff's witnesses at Stafford, inreference to letters
written by them as to the testator's state of mind, had
been expected ; and although the circumstances were
unfavourable, they were capable of explanation, and did
not justify the defendant in compromising the case.
The learned gentleman was proceeding with his argu-
ments when we went to press.

The decision of the court is not expected before to-mor-
row afternoon.

COURT OF QUEEN'S BENCH.

Before the Lord Chief Justice and Justices Hill, White-
man, and Blackburn.)
THE QUEEN V. BREWER.

Mr. Bovill this morning moved for a rule calling upon
the defendant to show cause why a criminal infor-
mation should not be filed against him. From the
speech of the learned gentleman it appeared that the defend-
ant was the coroner for Newport, and the gentleman for
whom he (Mr. Bovill) appeared was named Winslow, and
the charge he made against Brewer was that he being a
coroner held an unnecessary inquest, from ill-feeling, &c.,
on the body of Mrs. Winslow,about whose death from natural
causes there was not the slightest suspicion. Mrs. Winslow,
who bad practised in the town as a doctress, and had a
considerable practice, at the beginning of April was
taken ill, and during her illness she refused to
have the assistance of a medical man, as she
said she was perfectly cognizant of the malady under which
she was labouring was incurable, and that it would
cause her death. The lady died on the 12th of
April, and the body was accordingly placed in a
coffin, but before the funeral Mr. Brewer
insisted upon holding an inquest. He was told that death
was quite natural, but he prccured the assistance of the
police to have the coffin opened. The inquest was held,
and the result was a verdict of death had been
occasioned by natural causes. The fees for the
inquest were charged to the Quarter Sessions, and the cer•
tificate justifying the holding the inquest, it was stated
had been obtained after the investigation had taken place.
The Court granted a rule to show cause.

POLICE INTELLIGENCE.-(THIS DAY.)

MARLBOROUGH-STREET.

CILAILGE OF STEALING A MEIICIIANT'S WATCH.—
SINGULAR CASE.—Elizabeth Thatcher, a smart young
female, was charged before Mr. Bingham with stealing a
gold watch of the value of £l4, the property of M. Casimer
Edmond Flyde Millondin, a French merchant, staying at
the Sabloniere, Hotel, Leicester-square.
Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for the prosecutor; Mr. Albert interpreted the evi-
dence, and Inspector Webb watched the case on the part
of the police.
M. De Millondin said he was a merchant at present
staying at the Sabloniere Hotel. On the previous night
ho met the prisoner, and accompanied her to a house in
Arundel-place (formerly No. 8, and the same house in
which the female named Heloise Taubin was murdered by
Lani, who, it may be remembered, was tried and executed )
On entering the place he put his gold watch produced on
the mantelpiece, and afterwards left the house, and on re-
tiring to hid hotel missed his watch of the value of £l4.
He went back, but it was pine.
Mrs. Rachel Levy, the keeper of thehouse, proved going
to a shell-fish ehoptand seeing the prisoner there, and on
asking her for the watch, she said a man who was with her
had got it.
Adolphus Picard, of 22, Great Russel-street, employed
in a waterproof warehouse, said the prisoner came to him
in an ice shop, and asked his advice, saying she had got 6s.
6d. from a gentleman and his watch. He advised her to
search for the owner and to give it to him, and he assisted
her for an hour in doing so, and on the last witness asking
for the watch gave it up.
Mr. Bingham said he thought it very excusable of the
accused taking the watch, and he placed credit on what the
witness Picard said. The watch must be given up to the
owner, and the prisoner be discharged from custody.