The Sun.
London, England, 1859-10-18 00:00:00

LA TV INTELLIGENCE.-(TIIIS DAY.)

COURT OF BANKRUPTCY.

Mr. Commissioner Irolroyd was the Commissioner of the
day, but the only case of interest "re Rea," of the Great
Central Horse Repository, St. George's-road, was ap-
pointed for ono o'clock.

SHERIFFS' COURT.
(Before Mr. Kerr and a Jury.)

NOVEL CASE UNDER TILE LANDLORD AND TENANT ACT.-
IMPORTANT VERDICT.-BARNES V. SPENCER AND AN.

OTHER.

This was an action to recover £32 10x., one quarter's
rent of premises in Church-court, Ironmonger-lane, under
the following novel and important circumstances :

Mr. Charnock was counsel for the plaintiff,• who is a
Common Councilman ; and Mr. Tindal Atkinson, in-
structed by Messrs. Mason and Sturt, for the defendants,
wholesale shirt makers.

Mr. Charnock stated the case to the jury, and said the
rent now sought to be recovered was for the quarter ending
Midsummer, 1859.
Mr. Barnes said he was lessee of the house in Iron-
monger-lane. Defendant commenced occupation in March,
1857. Defendant had not delivered up possession. He
did not pay the rent due 25th March last until the 6th of
April. Some of his goods are still on the premises, which
had been opened since the 25th March, but not by plaintiff.
Defendant had underlet to a Mr. Johnson, although ex-
pressly warned by plaintiff not to do so.
Cross-exantined—The keys are on my desk, and have
been since the day defendant paid the rent. I will admit
defendant gave me a notice of his intention to leave on
March the 25th, before Sept. 29th, 1858. It was a written
notice. He has taken other premises. He was not out by
March the 25th. I have had no conversation with him
about accepting Johnson as a tenant. He had no right to
underlet. I refused him permission to underlet to John-
son. I never said at Mercer's-hall that I had nailed Corke
(defendant's partner) for another year's rent. I said I
would take Johnson upon a 1t years' lease, at a rest of
£l2O.

Mr. Pickering, plaintiff's clerk, said on the 25th March
Mr. Cerke called to pay the rent, and said he had not
brought the keys. Witness had no authority to receive
the rent. Mr. Corks called afterwards, and asked to see
Mr. Barnes. On Wednesday, the 6th April, he called and
paid the rent, and, putting the keys down, said, " This is
what I should have done on the 25th. (The witness pro-
duced his diary, in which was an entry of the conversations
which took place, as alleged, when Mr. Corke called).
Mr. Charnock offered to call another witness, but his
Honour said there was sufficient for the jury.
Mr. Atkinson said this was a most important case, and
at the same time a very harsh proceeding against defend-
ant. If the jury found for plaintiff, defendant could not
possibly be relieved from his responsibility till March, 1861.
Plaintiff was a very respectable man, and whichever way
the verdict went would feel sorry that he had brought the
case into court. He called Mr. Corke, who said that he
gave notice to quit shortly before the Michaelmas quarter
in 1858. Plaintiff wont with witness to see his new pre-
mises. Johnson held from Sept. 29, 1859, till March 25,
1859. On March 25 witness went to plaintiff's counting-
house with the keys in one hand, and his cheque-book in
the other. Mr Barnes was not in, and Mr. Pickering said
he had no authority to receive possession. He said he
would write to Mr. Barnes, and let witness know the re-
sult. Witness called a number of times, and never could
see Mr. Barnes. The rent was paid on the 6th April,
and the keys deposited on 31st March. Witness wrote
to Mr. Barnes begging him to send a receipt for the rent
and recover possession. Witness had no property in the
house, nor had Johnson. There wore some gas-fittings in
the counting-house and a counter, which plaintiff said could
remain, and for which any incoming tenant might pay wit-

Cross-examined— Witness never said that he had not got
the keys on tho 25th March. Pickering must have seen
them. The place had been opened for the dustman since
the 25th. Witness was perfectly ready to give up posses-
sion on the 25th, and the premises were cleaned out then.
Mr. Barnes recalled—l never gave Mr. Corke permission
to leave the gasfittings or counter.

Mr. Charnock said Mr. Corke had acted very indiscreetly.
He might have nailed the keys to Mr. Barnes' office doon,
His Honour then summed up to the jury, who at once
found for defendant. His Honour allowed costs.

POLICE INTELLIGENCE.-(THIS DAY.)

MARLBOROUGH-STREET.

GROSS CONDUCT TO A Looney, an
Irish tailor, living at 4, Harris's-place, Oxford-street, was
charged before Mr. Beadon with indecently assaulting a
little girl named Albina Mullings, 11 years of ago.

Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for the prosecution, haying applied for a warrant for
the prisoner's apprehension on the previous day, and which
was speedily executed by O'Shaughnessy, one of the war-
rant officers of the court.

From the evidence of the complainant it appeared she was
sitting up on Sunday morning in her parents' roona, they
being both in bed asleep at the time, when the prisoner
came into the room and sent his own little girl, who was
with her, to bA, and then came back into the room and
pulled her about, wishing her to go into his room with her.
He then left her, but afterwards came back and put his
hand up her clothes. She then alarmed her father and
mother, and on her father telling the prisoner to leave the
house, he cams in and struck her father in the eye, blacken-
ing it in a very bad manner.

The father of the girl confirmed sone portion of her
statement, and said, though he was not aware of it till
Sunday, when he heard of the late assault, he understood
that about six weeks previous the prisoner had proceeded
further.

The prisoner said the girl told him she was frightened to
go to bed because her father Was tipsy. He had expostu-
lated with the father for allowing the girl to sleep with her
brothers.

Mr. Beadon fined.the prisoner £5 or two months.

THAMES.

MURDEROUS ASSAULT BY A HUSBAND ON HIS WIFE.—
Jonathan Pinchbeck, a labourer, of 9, King-street, Com-
mercial-road East, was brought before Mr. Selfo, charged
with committing a savage assault upon Caroline, his wife.
The complainant appeared to have been terribly punished.
She had lost a good deal of blood, and was in a weakly con-
dition. It appeared from her evidence that there had been
a christening of a relative's child on Sunday, a good deal of
drinking going on, and that yesterday she had accompanied
the prisoner's mother, and others, on a visit to the mother
of the child christened on Sunday. On their return home
the complainant and the prisoner's mother quarrelled and
began fighting. The prisoner interfered, dragged his wife
from his mother, and struck her repeatedly over the head,
face, and eyes, completely disabling her. She lost a large
quantity of blood.