The Sun.
London, England, 1859-01-08 00:00:00

COURT OF BANKRUPTCY.

'fore Mr. Registrar Miles, for Mr. Commissioner Holroyd.)

IN RE E. M. CHREES.

To-day was appointed for the last examination of this
bankrupt, described as of Hoxion, draper, &c.

The balance-sheet, by Messrs. eeoper and Hearle, corn•
mences January, 1857, with a deficiency of £3,456 lls. 7d
and ends January, 1858, showing—Dr. to creditors, un•
secured, £6,434 6s. ; to ditto holding security, £335 ; pro.
fits, £684 ; property, £350; trade expenses, £603 ; rent,
£277 ; law, £ll5 ; interest, £181; house expenses, £895 ;
losses, £1,526 2s.

Mr. A. Jones opposed, on the ground that the accounts
were very unsatisfactory, being for the greater part un-
vouched.

The bankrupt wag-subjected tnii long said rigid exatni.
nation, and the case was proceeding when we went to press

' SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)
[MPORTANT TO LANDLORDS AND TENANTS.-LAWRANCE

V. MOORE.

Plaintiff sought to re3over £3, one month's rent of a house
occupied by defendant.

Mr. Buchanan, of Basinghall-street, appeared for the
defendant, and urged that he havin_l• paid income and land
tax, that could be set against plaintiff's claim. He had also
paid militia rate.

His Honour—That is always paid by the tenant, You
should have pleaded a set off.

Mr. Buchanan —I think that it was paid to the landlord's
use, and can be pleaded as answer to plaintiff's claim for
rent without pleading a set off.

The documents relative to the taxes paid by defendant
were then handed in.

Plaintiff insisted that he should not be called upon to set
the sums against his rent, as they should have been charged
to the previous landlord.

Mr. Buchanan—They were not paid by defendant anti:
your term commenced.

Plaintiff—They were not due in my time. All rates
made in my time I will allow.

His Honour—l think defendant must plead a set off, and
I shall give plaintiff judgment.
Mr. Buchanan—Your Honour will make an order for
one month, and that will give me time to plead?

Es Honor r—Certainly.
EMMANUEL V. ISAACS.-THE VALUE OP A LAWYER.

This was a claim for £l5 16s. 3d., an account charged by
defendant in excess as commission on some goods consigned
by plaintiff to defendant's brother at Melbourne.
Plaintiff averred that defendant agreed .that the commis-
sion should be 5 per cent., and in the account sales he was
charged 71 per cent. He was proceeding to read a letter,
when Mr. Buchanan, who appeared for defendant, took
some technical objection. Plaintiff was rather annoyed, and
said it was very hard ; he did not know he should have a
lawyer against him.

His Honour—lt appears to be an important case ; you
should have professional advice, and I will give you an

adjournment.
Plaintiff—And then I shall have to pay for that ?
Mr. Buchanan—Well, you won't get it for nothing,
(Laughter.)

Plaintiff—Well, I'll get a lawyer, and will take an ad•
journment.

Mr. Buchanan—You must pay our costs. (Laughter.)
These matters having been settled, the case was ad•
journed.

SERVANTGALISM. THE MAN -IN THE COAL-HOLE.
•--IMPORTANT JUDOIENT.--40RDAN V. COURT.

Plaintiff is a servant, and native of the Emerald Isle, and
sought to recover the sum of 10s. 6d. for three weeks'
wages, for services actually rendered to defendant, a widow
lady, who had discharged her under, according to plaintiff's
statement, the following circumstances. She had entered
defendant's service as domestic, at an yearly wage of £9, and
had been in the situation three weeks. On Sunday Mrs.
Court and her daughters went to church, and upon their
return, defendant found praintiff's young man in the
kitchen, and then and there packed her at refusing tb pay
any wages, and turning herinto the street at eleven o'clock
at night.

His Honour—When you took the place, did you intro-
duce your young luau to your mistress
Plaintiff—Oh, no I

His Honour—And I suppose never said a word about
him. What is he ?
Plaintiff—A gas-fitter.

His Honour—ls he an Irishman?
Plaintiff--No.

His Honour—Well. Do you think it was a proper thing
to have your young man to see you in the absence of your
mit.tress on Sunday night ?
Plaintiff—Well, perhaps not.

_ -
His Honour—No. E' servants will .do these things, they
must expect to lose their places and their wages.
Defendant—lf your Honour will permit me, I can put a
very different face on the matter. I am a widow, and with
three daughters keep house, there being no man in the
house. On the Sunday night in question, when I returned
from church, about half-past eight, I smelt a very strong
effluvia of tobacco. I asked Jane if any one had been
smoking, and she said no—she did not smell anything ; but
a short time afterwards she came up stairs and •said "I can
account for the smell of tobacco. I put a piece of tobacco
in my mouth for the toothache, and threw it into the fire."
With this explanation I was satisfied for a time, my not
having suspicion, as Jane was a hard working woman. My
daughters had gone for a walk, and upon their return about
ten o'clock, feeling still uneasy, I went into the kitchen.
No one was there. I then went into the back kitchen, and
finding the gas out, I became still more uncomfortable. I
then went into the yard and looked about, when suddenly
a big, ill-made Irishman rushed out of the coal hole
right upon me. (Roars of laughter.) • I screamed out and
cried -" Murder 1" A policeman was sent for, and with
Sarno difficulty he was got rid of. Upon being questioned,
he said it was his intention to have stopped till the family

had gone to bed. Under these circumstances, and the
duplicity evinced by plaintiff, she (defendant) felt justified
in sending her away and not paying her any wages.
Plaintiff—And you refused me a character.

His Honour I must say Mrs. Court was justified.
Here we have a lady who trusts to her servant, she having
no male protector in the house, and that servant introduces
a man, whom she hides in the coal hole, Now there might
have been murder here. It is gross misconduct, and the
laws says that, when a servant misconducts him or her self,
he or she shall forfeit wages earned or to accrue.
Plaintiff—l wanted him to go.

His Honour—Yes, and he refused. No one can tell what
might have occurred, and defendant was justified in acting
as she did, and I shall give her .a verdict.

Judgment for defendant.

POLICE INTELLIGENCE.--(THIS DAY.

MARLBOROUGH-STREET.

SINGULAR CASE OF ROBBERY.—Michael Cavanagh, a
rough looking fellow, was charged with the following artful
robbery :

John Duffir, foreman to Mr. Millard, bootmaker, of 2,
Piccadilly, said that on Thursday night he missed from the
shop door of his employer two odd boots, and thinking that
the person who had stolen them might again pay them a
visit, he the next night (Friday) put the "fellows" in the
place where the others were taken from, and kept watch.
About half-past eight he saw the prisoner walk up to the
door, and from the scrutinising way in which he examined
the various boots, and seeing him hastily leave, he went
after him, and on coming up with and seizing him he
struck him over the head several times with the
boot, which
.was a clump-soled sporting boot.' He
then dragged him into a hatter's shop, and while there
a man came in and caught hold of the prisoner, and said,
" What are you doily: with the man ?" and then asked him
if he was going to charge the man or not. "Witness told
him that he would charge the man, thinking the man was
a detective; but he found his mistake out, for, on a regular
officer coming up, he bolted ; and he had now no doubt that
he was a friend of the prisoner, and that, had there not
been a crowd round the shop, the prisoner, by the sham de-
tective's means, would have effected his escape. The pair
of boots, of which that produced was one, were worth 325.
The prisoner said, in answer to the magistrate ' (Mr.
Binwohana)9 that all he had to say was, that he struck the
prisoner in self-defence.
. Remanded for a week.

MARYLEBONE WORKHOUSE.

Yesterday, at a numerous meeting .of the guar-
dians of the poor of St. Marylebone, held at the
workhouse, New-road-L-Mr. Charles ,Beaver in the
chair—a report was presented from Dr. Randall,
the workhouse medical officer, as to the dietary of
the workhouse, but more especially as to the ad-
visability of abolishing the allowance of beer to the
inmates, an order to that effect having been received
from the Poor-law Board.
Dr. Randall's report stated, that he had directed
his attention to the subject of the dietary, and more
especially to the distribution of beer to the employed
inmates of the house. Starting with the idea that
no extra of any kind in the shape of diet or fer-
mented liquor should be allowed to any pauper as
' compensation for labour, he had been guided in his
suggestions for 'allowance solely on the principle of
support to any individual engaged in hard labour,
and was also guided by the age of each pauper, the
state of health and constitution, and the nature of
occupation. With reference to the able-bodied, he
did not consider the continuance of beer necessary;
but a liquid such as broth, with extra bread, should
be substituted' at least three times a week. The
allowance of 12 oz. of bread per day to men should
be increased to 16 oz. three times a week, and
women in proportion. He was led to this conclusion
by comparison with other dietaries, as, if beer were
withdrawn, the dietary of Marylebone would be
inferior to any other house in London. The diet
he now proposed was on a par with Paddington
Workhouse, which was in a much more healthy
position. In other workhouses he found the distri-
bution for labour was admitted, .but the quantity and
method of distribution differed in each. The doctor
then enumerates the various classes he considers
ought to have beer, with various alterations, but
adds that a supervision of the distribution was ab-
solutely necessary, as irregularities had crept in,
and a great increase had resulted. The total quan-
tity of beer consumed per week, including medical
orders, was 450 gallons 7 pints, against 425 gallons
2 pints at corresponding period last year, the in-
crease being entirely non-medical, the medical
having decreased. - _
Mr. TAYENER moved the adoption of the report,
and said he could not believe the Poor-law Board,
if they had the power, would be sufficiently inhu-
man to object to persons having beer whom the
medical officer certified ought to have it. (Hear.)
A discussion arose, in which Dr. Bachhoffner,
Mr. W. Carr, and the Rev. R. Davis, and others
took part, and a doubt was expressed as to
whether the medical officer could prescribe beer
for persons not under his care, and in order
to meet the difficulty, an amendment was carried.
calling upon Dr. Randall to make a return of all
persons requiring porter in the house.
The Rev. Mr. EIRE, the rector, also moved "That
the dietary be at once altered in accordance with
the medical report, giving to those inmates de-
prived of beer an increase of solid food," which was
seconded by Mr. TANENER, and carried unan
mously.

THE FATAL COLLIERY ACCIDENT AT

PENDLEBURY.

The inquest on the bodies of the seven persons
killed by the accident.at the Agecroft Colliery, near
Manchester, was held on Thursday afternoon by
Mr. W. S. Butter, at the Packhorse Inn, Irlams-o'-
th'-Height. Mr. Dickenson, the inspector of mines
for the district, was present; and Mr. Taylor, of
Bolton, appeared for Messrs. A. Knowles and Sons,
the owners of the colliery.
Dan. Parkinson, 'the banksman at the colliery,
said the three men and four boys who were killed
descended the pit on Tuesday morning before wit-
ness arrived there. At half-past nine, however, he
was on the bank, about five yards from the pit's
mouth, when he saw the cage come above its usual
place, dash against the pulley, and the rods of the
cage snapping, it dropped down the pit. All was
done in a couple of seconds.. There was a regular
bell signal to indicate when the cage was 60 yards
from the mouth of the shaft, but witness did not
hear it, and thought he should if it had sounded.
The men .went to work. that morning at half-past
seven. About 14 cages of coal had been wound up.
Men had come up three or four times before the de-
ceased, and on all these occasions 'the bell sounded.
Witness saw the engineer, perfectly sober, a few
minutes before he began winding. The engine could
not be stoppedinstantly whon going at great speed.
The cage was one of Owen's salty cages. The
engineer said he had not heard the bell.
J. Jolly, the manager, said that after the accident
he went to the drum above the engine-house to see
where the strap which worked the bell weight had
broken. He saw that the end was drawn out of the
slit, where it had been fastened into the axle by a
wooden wedge. One wedge was placed in three
years and Olaf since, and never taken out till last
Tuesday. The end of the strap was hanging about .
eight inches over the axle. This was the cause of
the bell not ringing. The time that the strap must
have been drawn out was when the cage had arrived
half way up the pit, and when the axle round
which it worked was empty. Nothing of the kind
had occurred before in the collieries.

By Mr. Dickenson—Booth (the engineer) told
witness that he altered the bell weight on Tuesday
to correspond with a recent alteration in the drums
so as to make the bell sound at 60 yards as usual.
He only told witness this morning he had done so.
The engineer had a prefect right to have these al-
terations made.

I'. Rowe, the joiner, said he altered the drums on
Monday to make the cage come up faster. On
Tuesday morning the engineer called on him to
alter the strap which worked the bell weight. He
fastened it as it had been before, driving a new wedge
in with it, and stayed to see it work.
By Mr. Dickenson—lt was a new and seasoned
wedge, and it fitted tight.
The subsequent evidence proved the finding of
the bodies, that the engineer was quite sober, and
that the new wedge could not be found.
The Coroner, in summing up, said if any person
was blameable it appeared to be the joiner, as the
wedge seemed not to have been put in securely,
which wa§ the cause of all the mischief.
After a short consultation, the jury returned a
verdict of accidental death.

.
The Coroner censured Rowe (the joiner) for not
being more careful ; and Mr. Dickenson said so
many accidents had occurred at Messrs. Knowles's
collieries that they ought to
.get some very ccmpe-
tent superintendent. The inquiry occupied four
hours and a half.