The Sun.
London, England, 1859-04-14 00:00:00

LAW INTE

,LLIGENCE.-(THIS DAY.)

HOUSE OF LORDS.
APPEAL..-SMITH V. KAY..--JUDGMENT.

It 'will be remembered that this is an appeal from a de-
cree of the Master of the Rolls, cancelling and setting aside
a bond for £12,564 10s., granted on 12th April, 1854, by
the respondent Kay to the appellant Smith, on the ground
of minority, want of valuable consideration, fraud, and
misrepresentation.
The Lord Chancellor affirmed the decision of the Master
of the Rolls, and dismissed the appeal with costs.
Lord Cranworth and Lord Kingsd own entirely con-
curred with the Lord Chancellor in being of opi-
nion that the fraud and misrepresentation had been
completely proved, and that there was no obligation what •
ever on the respondent, Mr. Kay, to pay the appellant
Smith, Johnstone, or Adams, or any other one farthing
more than actually went into his pocket, and nothing was
due.

Lord Wensleydale entertained some doubts as to whether
the fraud was proved at the time of granting the bonds in
question ; but upon all the other points in the cause he
entirely concurred with his noble and learned friends who
had just delivered their opinions.

The decree of the Master of the Rolls was affirmed, and
the appeal dimissed with costs.

COURT OF PROBATE.

(Before the Judge Ordinary Sir Cresswell Cresswell.)

SYMES V. GREEN.

The farther hearing of this part-heard cause was re-
sumed this morning. This was a testamentary cause, in
which the question in dispute was, whether the late Cap-
tain Nott, of the 83d Regiment, was of testamentary capacity
en Ist October, 1857, the date of the execution of his will.
Dr. Addams called and examined the defendant and several
witnesses in opposition to the will.

The learned Judge said he would look through the papers
in the cause, and if he altered his opinion he would in-
form him. Judgment reserved.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Evans.)

:X RE LA3IPBELIe---A CAUTION TO OPPOSING CREDITORS-.

A DAY TOO LATE.

To-day Was appointed for a certificate meeting in the
case of this bankrupt, a timber merchant, &c., in Long-

Lane, City.

Mr. Lawranco, for the assignees, did not oppose, but said
that it would be a matter for the Court to decide as to
whether the certificate should be granted. The creditors
generally had no objection to a certificate being granted,
but the quQstion was whether it should be of the second or
third class.

Mr. Norton, for an individual creditor, opposed.
_ _

Mr. Lowrance objected to the opposition as notice had
not been given in due time, being one day too late. He
considered the rule as to notice ought to be rigidly observed
in cases where individual creditors took objection.
His Honour granted an immediate certificate of the third
Blass.

An application was then made for a return of the fees de-
posited on the application for the certificate to be returned
to the bankrupt.

The debts are stated at £321; liabilities, £1,381; assets
about £2OO. The liabilities are on acceptances given with-
out consideration for Chas. Woolterton, ironmonger, also a
bankrupt.

SHERIFFS' COURT.
A NOVEL STUTTERER.-LUCAS V. EROKTHORP.
This was a summons to recover a sum of money for ad-
vertisements inserted in the Morning Star.

Mr. Butler, who appeared for the plaintiff, said that de-
fendant had repeatedly promised t 3 pay.
His Honour—What was the nature of the advertisements ?
Witness—To cure stammering.

His Honour—Well, he appears to stutter himself in pay-
ing his money. He must in seven days.

THE STATUTE OF LIMITATION.-SINIPSON V. WELLS.

This was an action to recover some money for clothes
supplied in 1852.
Defendant said the claim was barred by the statute of
limitation.

His Honour—You have not pleaded it, and I can tak•
no notice of it.

Defendant—l went through the Insolvent Court in 1856.

His Honour—You have not pleaded that. I cannot
entertain either defence, and you must pay at ss. per month.

THE SAME V. FERNLEY.

In this case the debt was as old as 1851, and defendant
wished to plead the " Statute of Mitigation." (Roars of
laughter.)
His Honour—You mean the Statute of Limitation. You
have not pleaded it, and must pay.

POLICE INTELLIGENCE.-(THIS DAY.)

BOW-STREET.

S HOP LIP TIN G.—Two respectably-dressed women, who
gave the names of Mary Jones and Ann Law, were placed
before Mr. Hall, charged with stealing a quantity of silk.
Mr. Chatfield, of the firm of Howitt and Co., linen-
drapers, said—Yesterday afternoon, about four o'clock, the
prisoners entered the shop and asked to be shown some silk
dress lengths. A large assortment was placed before them, and
after much apparent difficulty a green silk dress was
selected and paid for; but suspicion was aroused in conse-
quence of the firm having been plundered the day
before of a roll of silk valued at £l4. The prisoners
were watched, and Law was seen to conceal one of the
pieces beneath her shawl. A police-constable was sent for,
and on the prisoners reaching the shop-door they were
given into custody and conveyed to the police-station.
Police-constable Farndon, 330 A, said I took both pri-
soners into custody on a charge of stealing some silk. At
the station-house I took two silk dress lengths from be-
neath the cloak of Law, and in a few minutes after I
observed another lying close to the feet of Jones, who stood
seme distance off Law. On being searched, two rings were
found on Law, one of which was rather peculiar, being
made of old red gold. The setting was composed of an
oblong carbuncle surrounded with pearls, and around
which was an enamelled blue and white border. Inside
the ring was engraved the following :—" Richd. Remnant,
Esq., ob. 24, Apr. 1813. AE. 60." Upon Jones tbroo
gold rings were found.
Mr. Hall—What is the value of the property stolen ?
Mr. Chatfield— The three pieces I value at isl,s 12s. 6d.
Upon being asked what they had to say 'in answer to the
charge, both prisoners commenced cr:ng. Law said she
was guilty, and begged for mercy. Jones made no reply.
The prisoners were fully c
-°llar:Aitted for trial.

MARLBruROUGH. STREET.
ATTEMPTED ST:I ICIDE IN THE Pain CELL.—Mary
Burn, a dissipated looking woman, was charged under tho
following circumstances :

Police constable, 91 C, said he heard a loud knocking at
the door of a house in Hayes'-court, and on requesting her
to desist, she said it was her own house, and swore she
would be locked up.

Inspector Holden, of the C division, said that while in
the cell at the station the accused made an attempt to
strangle herself by tying her bonnet strings so tightly that
she was nearly black hi the face. He cut them and left her,
but finding a few minutes after that she seemed determined
to carry out her intention, having taken off her garters and
commenced tying one of them tightly round her throat, he
ordered her to be strapped down for her protection.
The prisoner's landlady stepped forward and said she had
been intoxicated ever since Saturday last.
Mr. Bingham said it was a sort of insanity, and the best
thing he could do with her was to let her have the benefit
of the assistance of a medical man, who, no doubt, would
do her great good. Ho should therefore commit her for
seven days.

A NICE CABMAN-FORTUNATE ESCAPE OP A FARE.

—William Moir, cab-driver 13,856, was charged with being
drunk at 1 a.m., in Bond-street, while driving, and causing
damage to another cab driven by Robert Fenn, 9,494,
whereby Fenn was seriously hurt about the loins. The
cab driven by the defendant was found lying across the
road with a fare in it at the time, who, however, fortunately
escaped without injury.
The case being clearly proved, the defendant denied that
he was drunk.

Sergeant Rogers, who took the charge, stated that he
was very drunk, and that he had been charged with a
similar offence before more than once.

The license being produced, it was found to have been
;vi lee endorsed.

The Magistrate considered him unfit to drive any longer,
and fined him £3 or a month, and revoked his license,
deeming him an unfit man to be allowed to act as a driver.

DR. JOHNSON'S APPROVAL OP A CELEBRATED
WHIG WHIPPER-IN.—" I like a good Hayter."—Punch.
PROVERB IMPROVED.—The nearer the Church,
the further you wish the abominable bell.—Pwich.
THE MONEY MARKET.—The Indian correspon-
dent of the Times says—" Opium is to the Malwa what
bullion is to the Bank of England." We have heard of
money being a drug, but here a drug is literally money.
However, we think we should prefer the " rest" of the Bank
of England to a rest that was the feverish result of opium.
No wonder that the money market of Bombay is in such a
collapsed state. It must experience the greatest difficulty
in rising with so much opium in its system.—Punch.
A "DUCK OF A DOCTOR."—Generally a Quack.
—Punch.

" THE DEANE-HARDING REVOLVER."—Since the
first introduction of the revolver, many have been the im-
possible as well as practical suggestions -as to its internal
improvement and general efficiency. One great objection
to revolvers has been the complication of their parts, for an
amateur especially has it been necessary to consult direc-
tions which as often mislead as instruct. We have to-day
inspected an improved patented pistol, the production of
Messrs. Deane and Son, of King William-street, City. It
is christened the Deane-Harding, and a more highly-
finished and perfect weapon we have never seen. One of
its great qualifications is the absence of those parts of the
action or lock called sears, and their springs and pins. In-
deed the aim of the patentees seems to have been thorough
simplicity combined with strength. The functions of the
discharge by the trigger as well as cocking by the thumb
being performed by the cock and trigger only, it is next to
impossible to get it out of gear. Another new feature is
the easy disjointing the barrel from the stock for the pur-
pose of cleaning. A lever ramrod is added, which acts ver-
tically on the bullet. This pistol, in a word, contains the
most useful features of revolvers, combined with great sim-
plicity
pg =Arnett= and arrangement.