The Sun.
London, England, 1859-01-31 00:00:00

ANTHONY MARTIN V. BARTON.

Mr. Joyce obtained a rile calling upon the plain-
tiff to show cause why all the proceedings in this
action should not be stayed without payment of
costs to him or his attorney.
It was an action to recover a sum of £8 16s. 6d.,
the balance due upon a bill of exchange for £l3
10s. It was stated when'the rule was moved that
the plaintiff was not the holder of the bill, and that
the action had been brought in his name, as he
lived more than 20 miles off, in order that proceed-
ings might be taken in the superior court instead of
the County Court.
Mr. Huddleston, Q.C., showed cause against the
rule, saving that the plaintiff was a bona fide holder
of the bill, and that it had been transferred to him
by his brother, Samuel Martin, and that it was paid
through the plaintiff's bankers at Glocester, and
presented in London in the usual manner.

Mr. Joyce supported the rule:
The Court said that they would reserve their
judgment until after the he aring of the next case.

SAMUEL MARTIN T. HULLS.

This was a rule obtainedby Mr. Griffiths, calling
upon a ➢lr. Padmore, the plaintiff's attorney, to
show cause why he should not answer the matters
in the affidavits, and pay the costs of an appiication
and order for taxation, and of this application.
The defendant was sued upon a bill of exchange
for £9 35., but the writ never was served. Mr.
Padmore claimed £2 14s, for costs, which the de-
fendant paid, declaring his intention of having the
costs taxed. Mr. Baron Bramwell, upon applica-
tion, made th• usual order for taxation, and Mr.
Padmore under the order delivered a bill for £l9s.
6d. ; this was only reduced by 3s. 6d., and which
sum being less than one-sixth of the bill, defendant
was not entitled to the costs of taxation.

Mr. Huddleston, in showing-u;etigainst the
rule, contended that Mr. Padmore had a right to
send in his bill as he had done, and, as the defendant
had not succeeded in striking off one-sixth of it,
Mr. Padmore was not liable for the costs of the
taxation.

Mr. Griffiths was heard in support of the rule.
The Court, in giving judgment, said that the rule
in the first case must be made absolute. With regard
to the present case, the rule would be absolute, ex-
cept as to that part which called upon the plaintiff's
attorney to answer the matter in the affidavits.

Their Lordships severally commented in very
strong language upon the conduct pursued by Mr.
Padmore, saying that he was bound to have deli-
vered his bill for the amount he had received, and
that delivering his bill for the lesser amount was a
mere trick to evade the order made by Baron
Bramwell, and as this was Mr. -Pailmore's first
offenee, the Court would only visit upon him the
costs of the taxation and the motion, but in all
future cases brought under their notice, where
attorneys had knowingly endorsed their writs fora
larger sum than 'they were entitled to receive, the
Court would strike them off the rolls.

COURT FOR THE CONSIDERATION OF
CROWN CASES RESERVED, JAN. 29.

(Present—Lord Campbell, Barons Martin and
Watson, and Justices Crowder and Willes.)
THE QUEEN V. BERRY.
The prisoner. was indicted for perjury under an
order of affiliation. The points reserved were,
that the summons was issued without an infor-
mation being given on oath. and therefore there
was no jurisdiction in the magistrates to
hear the case ; and, further, that one of the allega-
tions, that the prisoner had sworn he had not paid
any money towards the maintenance of the child
within 12 mouths next after its birth was not ma-
terial. The case was argued last Saturday, and
stood over for judgment.
Lord Campbell delivered the judgment of the
Court (except that of Baron Martin). As to the
second question, of materiality, the Court had no
doubt. As to the second point, the omission of the
oath previous to the summons being issued was not
objected to at the time, and was not absolutely ne-
cessary, although the Court thought it would be
better for the party to be examined on oath before
the summons issued. The conviction would there-
fore be affirmed.

Baron Martin dissented—Conviction affirmed.
THE QUEEN V. SKEENE AND FREEMAN.
This case was argued last Saturday, the great
question being, whether a disclosure made in the
Court of Bankruptcy after evidence to the same
effect had been previously given in ft police-court

came within the statute of 5 and 6 Vic., c. 39, which
declared that parties making such disclosure should
not be liable to be convicted of an offence under that
disclosure.

Mr. Ballantine having then been heard on behalf
of Skeene, and Mr. Giffard on the part of Freeman
the learned judges took time to consider the question.
To-day judgment was to have been given.
Lord Campbell said the judges wished more time
to consider the question, and therefore judgment
would be given on Saturday next at 3 o'clock.

MIDDLESEX SESSIONS, lan. 29.

(Before the Assistant-Judge and a Bench of Magis•
trates.)
Jeremiah Donovan, 48, and James Weeks, 16,
were indicted forstealing acashbox, containing £92
in geld, £l6 in silver, I 0 U's representing £5O, a
silver medal, commemorative of the passing of the
Reform Bill, some foreign coins, &c., the property
and money of William Ricketts, the master and
employer of the prisoner Weeks.
Weeks pleaded guilty.
Mr. Metcalf, instructed by Mr. Beard, prosecuted.
Mr. Ribton defended Donovan.
The prosecutor was a tea dealer, Road..side,
Whitechapel ; and the younger prisoner stole the
cash-box and absconded. He was taken by police
constable Coppin, 579 K, at Plymouth ; and he
then made a statement to the effect that he gave
the box to a man, who took it to a hole in a vacant
piece of ground near Bonner's-fields, and broke it
open. He had the greater part of the money, which
he spent at Bristol; he bought a horse for £l9, a
saddle and bridle for £4105., he lost £l3 in tossing
with a publican, and then sold the horse and saddle
and bridle for £4 10s. which he had given for the
latter. Weeks was admitted evidence against
Donovan, whom he swore was the man he gave the
box to ; and another witness deposed to seeing
Donovan in the hole where Weeks said the box
was opened, and where subsequently the box was
found.
Mr. Ribton addressed the jury at considerable
length upon the points in the evidence, and after
the learned judge had summed up, the jury retired,
and after considering for four hours, they came
into court, and asked the learned judge to read over
some portion of the evidence, which having been
done,
The foreman of the jury said he was opposed to
his brother jurymen, who disbelieved the boy's
evidence.

The AsEistant-Judge having explained the evi-
dence, the boy was called, and some further ques-
tions were put to him, and his employer was also
questioned as to his previous character, who stated
that up to the present time he had always found
him perfectly truthful, and had placed the greatest
reliance upon

A Juror said he had not partaken of any food
that day, having come to the court without his
breakfast, and wished to know if he could have
some refreshment.

The Assistant-Judge said he could not comply
with his request, as it had been the law of this
country for 800 years to the contrary.
Another juror said it was very hard that they
should all be locked up for one man.
The Assistant-Judge ordered the jury again to
retire, and said he would come again at ten o'clock
to see if they were agreed upon their verdict.
The jury at half-past five were again locked up.
At twenty-five minutes past ten o'clock the jury
were directed to be brought into court.
The Deputy-Clerk of the Peace inquired if they
were agreed upon their verdict. The foreman said
they were not, nor was there any probability of
their being so. They had had a storm, there was
now a calm, for they were all about going to sleep
for the night.
The Assistant-Judge—Are you unanimous in
opinion that you will never agree ?
Several jurors—We are.
The Assistant-Judge inquired if there was any
point upon which they had formed a misconception,
or imperfect conception, for if there was he should
be happy to explain it.
The Foreman—There are eleven on one side and
one on the other, and the grounds of the objection
are ---

The Assistant-Judge—l would rather not hear
them, unless it is a point which I can clear away
by referring to the evidence.
A Juror—We disbelieve the evidence of an
accomplice.
The Assistant-Judge said, on the material points
of the boy's evidence no cross-examination had
taken place on the part of the learned counsel for
the prisoner, and there had been no imputation
whatever on the character of the boy up to the
time he had been in his employer's service. Having
committed this offence, he came forward and stated
all he knew about it. He had never committed any
other crime, and as soon as he was caught he told
the whole story as far as he was concerned.
After some further discussion, the foreman said
he did not think there was any probability of their
agreeing, and that if they went back to their room
he did not think that it would forward the ends of
justice.

The Assistant-Judge said, if the following day
were not Sunday, he should have no difficulty in
the case, for reasons which the jury might possibly
conceive for themselves.

The Foreman said that several of the jury were
tradesmen, and had been to market early, and keep-
ing them all night might be attended with dan-
gerous consequences.
The Assistant-Judge said they had better again
retire, and he would wait a short time to see what
could be done.

The jury, at ten minutes to eleven o'clock, again
retired to their room. At a quarter-past eleven
o'clock the jury were sent for, and a juryman com-
plaining that he., suffered severely from want of
food,

Mr. John James, a medical man, was called to
examine him, and having done so he said he found
the pulse very low, and if locked up all night with-
out food or stimulants he believed serious results
would ensue. was unable to continue to per-
form the functions of a juryman on account of ex-
haustion arising from the want of food.
The Assistant-Judge : Are you still unanimous
that you will not agree ?
The foreman—We get ruder every time we re-
tire. We will not agree ?
Twc other jurors were then examined by the
medical man, and. he repeated that they were both
unfit to be confined for any very lengthened period
without food. _ _ _

The Assistant-Judge, on the evidence before him
said he could not safely keep the jury longer tog&
ther, and therefore he ordered the jury to be dis-
charged.
The Court rose shortly before twelve o'clock.

DISASTROUS CO,NPLAORATION AT

SHEFFIELD.

SHEFFIELD, SUNDAY, 11.30 p.m.

About 10 o'clock a fire broke out on the premises
of Mr. Charles Unwin, timber merchant and furni-
ture broker, West-bar, Sheffield. For the last
half-hour it has been raging with terrific violence,
illuminating the sky to an extent which must be
visible for miles, and casting a glare on the whole
town. The premises are extremely extensive,
having a considerable frontage to West-bar, and
extending thence to Spring-street. They comprise
large furniture shops and stores, with extensive
timber-yard arid workshops behind. The stock is
is immense. • The conflragration extends over the
whole premises, and throws up a blaze many yards
above the loftiest surrounding buildings. There
appears no possibility of preventing the flames
consuming much adjacent property, and the loss
will probably be enormous. The conflagration is
the most serious which has occurred in Sheffield
for many years. The cause of it is not yet known.

MONDAY, 1 a.lll.
The conflagration is abating. The whole of Mr.
Unwin's premises are completely gutted : large
portions of the walls are down ; nothing saved.
The fire only extended to a shop and a few cottages
adjoining Unwin's. A brisk north-west wind blow-
ing. The burning premises were sheltered by the
Surrey Music-hall. There is a tremendous crowd.
The military were called out to clear the streets.
The same premises, having been previously on fire,
the surrounding property has fortunately been
protected by high walls. The building is insured
in the Sheffield Fire-office. Stock not insured;
estimated damage over £lO,OOO.

NOVEL E3IPLOYMENT FOR A PIGEON.—A few
days ago, as a man named James Dando was leaving the
Barnet. Railway Station, he suddenly burst a blood vessel.
lie was instantly conveyed to the Barnet Union workhouse,
and although every attention was paid to him he very
shortly expired. It appeared he had gone to Barnet to
start some carrier pigeons, and rather a novel experiment
was tried to discover his friends. A note was attached to
one of the pigeons, and it was instantly liberated. The
result was that a brother of the deceased arrived at Barnet
and recognised the dead body of his relative in about an
hour afterwards. The deceased resided at No. 2, Jenner's-
court, Blackfriars.
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TREATMENT OF RAILWAYS IN TV-118-

As any agreement for peace the next fortnight
may bring is, according to the views even of the
most sanguine, to be only " for the present," might
not the capitalists of London and Paris advan-
tageously avail themselves of such interval as may
be granted to see if some understanding is possible
on the treatment of railways in war? The (darn'
lately manifested on the question will appear t°
many entirely unreasonable, but the extent t°
which it prevails, and the consequences that have
followed show that some clear doctrine must be en-
forced, or that there can be little further progress
in that description of enterprise on which the ad"
vancement of Europe at this epoch especially
depends. Let those who are afflicted with the fcc"
which some recent- quotations have shown to pre"
wail, that railway property must be almost anni-
hilatod in war, put their views into shape, and trY
for a remedy. People will never again invest their
money in continental lines if it is to be at the mercy
of the first potentate who chooses to attack his
neighbours or to incite their subjects to insurrec-
tion. Happily, the country that has the greatest
interest in the satisfactory adjustment of this
matter is France. Not only have her people in-
vested largely in the railways of Italy, Austria,
Russia, and other counties, but her own works 'll.
the kind are more extensive than those elsewhere,
and if she is to set the example of wanton de-
struction, the ultimate penalty of retaliation nrust
fall upon her with double force. Under such wen'
tives the Emperor Napoleon should be foremost to
express concurrence in any rational propositions
that might be drawn up. Russia has the next ill'
terest in the matter, because upon the speedy Ow
struction of railways the maintenance of her uw
wieldy power must greatly depend, and she is still
panting for 35 millions sterling, which she may
utterly forego the hope of raising if she cannot'
give some guarantee against the results of embroil"
ments such as those which at the present moment
she is suspected of fomenting. Austria also has a
heavy stake, and that of Piedmont, looking at her
relative position and resources, is still more serious.
The United Kingdom, from its insular position, i 5
alone free from danger. Under such circumstances
wothd ul not each contineal Pwer be lad to unl
in e recognition of a few nt
general rules g
that shojtth'
serve to allay vague distrust ? In all the discus'
sions about the isthmus routes of Central America],
Mexico, and Suez the common consent of the world'
to uphold the neutrality of the property has been
paraded among the essential inducements to sub'
scribers, and, if we are not to relapse into bar-
barism, some code must be accepted that shall bear
upon railways in the same spirit. But for the
ruinous fluctuations of the past month the argument
would scarcely have seemed necessary. It is dia.
cult to conceive what promptings of strategy, or
even of the wildest revenge could lead to any breag
up of such works by contending armies. la,
cut off from from its opponents the means °'
communication a hostile force would have
nothing to do but to remove short distances of
rail, open a trench, or throw up a mound, and the
moment the temporary necessity was over the firs',
effort of the occupying Power would be to restore
the means of traffic. At the same time such traffic
would be wholly out of the question except yea
defined and legal terms, because if war is to brill
violence and rapine upon private individuals and
property, the authorities of every railway would 011
the news of the approach of any army remove all
their materiel and stores to the most distant point,
and at the last necessity take their engines t°
pieces. Meanwhile the Government business on
such routes as still remained open might probably
yield more than compensation for the local inter-
ruption, and in any ultimate terms of peace all
damages would have to be weighed. Everything
therefore tends to encourage a belief that the perils
to investments of this descripton have, from the
novelty of the subject, been greatly exaggerate
Each Government would naturally protect sue'
undertakings with its utmost power, while an in"
vader could gain nothing but the execration of the
people and historical infamy by pursuing an opr°'
site course.—Times.