The Sun.
London, England, 1861-06-28 00:00:00

LAW INT.,

Ohio -Day).

HOUSE OF LOBUS.

Peers Present—The Lord Chancellor, Lord Brougham,
Lord Cranworth, Lord Wensleydale, Lord Chelmsford,

and other Peers.
Judges Present—Lord Chief Baron Pollock, Baron Wilde,
Justice Wightman, Justica Blackburn, Justice Williams,

and Justice Byles.
The Lord Chief Baron Pollock sat on the right, and Mr.
Justice Wightman on the left of the Lord Chancellor.
BACKHOUSE V. BENONI. _ .

This was an appeal by way of writ of error from a deci-
sion of the Exchequer Chamber, reversing a judgment of
the Court of Queen's Bench, for injury done to the plaintiff's
house, caused by the defendant taking away the pillars of his
mine under the plaintiff's house in 1850, which caused a
" trus" or subsidence.

The defendant pleaded-Ist, that action could not lie till
damage was sustained, and that no damage was caused till
1856 ; 2d, prescription. The Court of Queen's Bench sus-
tained the pleas of the defendant. The case is fully reported
in Law Journal 27, and at page 622 of Blackburn and
Ellis's Reports.

The plaintiff appealed to and obtained from the Exchequer
Chamber a decision in his favour, and the defendant pre-
sented this appeal. The plaintiff is proprietor and occupier
of houses, and the defendant is owner and proprietor of
mines and minerals worked at Westbuckland, in the county
of Durham.

Sir Fitzroy Kelly, Q.C., is now being heard for the appel-
lant, and had not concluded when we went to press.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE C. T. CHEESMAN.

This bankrupt had carried on a very extensive business
at Brighton, as a coal merchant, and the balance-sheet, by
Messrs. Hart Brothers and Hayles, shows debts £1,793.
To creditors, secured, £2,170 ; assets, good debts, £619 ;
doubtful, £239 ; property £1,259 ; ditto in the hands of
creditors £SB4.

This was an adjourned meeting for consideration of the
certificate, but in consequence of the inability of some par-
ties to attend an adjournment was taken by consent.
(Before Mr. Commissioner Evans.)
IN RB DOUST.

This bankrupt was described as of Pomeroy-place, New-
cross, omnibus proprietor, and came up for his certificate,
which was granted, of the second-class. Debts, £944. To
creditors holding security, £179 ; assets, property, £202 ;
ditto in the hands of creditors, £80; deficiency April, 1850,
£502.

(Before Mr. Commissioner Fame.)
IN RE BEHEEND AND NICHOLS.

These. bankrupts tvere described as of St. Mary Axe,
East India and general merchants, and this was a meeting
for their last examination; but Messrs. Brown and Dubois,
accountants to the estate under the sanction of the Court,
not having been able to complete the accounts, an adjourn-
ment was taken by consent.

SECONDARIES COURT.
(Before Mr. Potter and a jury.)

EXTRAORDINARY CASE OF ASSAULT AND FALSE IMPRISON
MENT-JOHNSON V. GROSSMITH.

This was a writ of inquiry to assess the damages laid at
£5OO in an assault and false ilpprisonment case, defendant
having suffered judgment to go by default.
Mr. Butler Rigby, for the plaintiff, said his client was
clerk to Mr. Kinder and Mr. Webb, and defendant the well-
known perfumer of Newgate-street. Upon the 15th May
last plaintiff was sent by Mr. Webb (who was acting for a
client named O'Brien) to collect a sum of £l5 from defen-
dant, a letter demanding payment of the money having been
sent the day previously. When plaintiff went into the shop
defendant rushed down stairs and struck plaintiff several
blows, saying, "You swindling vagabond, you have come
here to extort money." A police-constable was then sent
for and plaintiff taken to the station, and charged with
attempting to extort money under false pretences. After
three hours' detention the charge was withdrawn and plain-
tiff set free, and now sought to recover damages for such
unjustifiable conduct.

Plaintiff was called and proved these facts. In cross-
examination by Mr. Henry James he said that defendant
walked to the station-house, and that he (defendant) was
not called after by any boys—nor was he much stared at.
Mr. H. James then urged that O'Brien's claim was a false
one, and that defendant had not been visited with vindictive
damages.
Mr. Grossmith was called and said he had been nearly
pestered to death with applications from O'Brien. As
Webb's name was not in the law list witness did not believe
plaintiff came from any attorney, and therefore sent for a
constable, and denied he called the man a vagabond.
The learned counsel having severally addressed the jury,

the learned Secondary in summing up said that parties
should be very careful how they put the criminal law in
force, and no doubt defendant had acted very wrongly. It

was for the jury to say what damages they award plaintiff.
The jury awarded plaintiff 40s. damages.

THE KINGSWOOD MURDER.

MANSION. -1101 J SE (Tins DA Y.) .
This morning Johann Karl Franz, a German, who is
suspected of being one of the murderers of Mrs. Halliday,
was again placed at the bar before Mr. Alderman Humphrey,
charged with being in a house with intent to commit a
felony. He is a little slender man, about 21 years of age,
dressed in faded and well-worn brown coat and trousers,
and a black cloth cap, and altogether presented a very
destitute condition.
An interpreter having informed the prisoner of thecharge
against him,
Inspector Coward, having been sworn, said—l hold a
warrant, signed by the magistrates of Surrey, for the appre-
hension of two men on suspicion of being concerned in the
murder of Martha Halliday, at the Parsonage, Kingswood,
on the night of the 10th of June. I believe the prisoner to
be one of those men. _

This was communicated to the prisoner through the in-
terpreter.
The Lord Mayor—Do you wish to put any questions to
the in spector ?
Prisoner—l have nothing to ask.
John Bashford—l am a grocer and gardener, and reside
at Chepston, near Kingswood. 1 saw the prisoner at
Reigate on Monday, the 10th of June (the night of the
murder), about half-past one o'clock. lie was at the
Cricketers' publichouse in company with another man like
himself, a foreigner. They remained in the publichouse
about an hour. I saw them there again the following
night. 1 did not speak to him. The place is about four
miles from Kingswood. I have not seen him since that day
until the present time.
The Lord Mayor (to the prisoner)—Have you any ques-
tions to put.
Prisoner (in a low voice)—l have nothing to say beyond
stating that what he says is not true. The town of Rei-
gate is entirely unknown to me.
Mary Elsey—l reside at Reigate, and am in the service
of Mrs. Bithers, who carries on the business of a brush-
maker there. To the best of my belief I saw the prisoner
in the town on the afternoon of the 10th of June. He came
into the shop between the hours of three and four to pur-
chase a ball of string. I saw nothing of him after that
time. The murder was committed after I had seen the

prisoner.
The Lord Mayor—Did you speak to the prisoner
Witness—No, my lord, I did not.
The Lord Mayor—Was he alone when he came into the
shop, or was any other person with him ?
Witness—He was accompanied by another man, who
also had the appearance of a foreigner.
Mrs. Mary Bithers—l saw a man very much like the
prisoner at Reigate, on the 10th of June. He came into
my shop to purchase a ball of string. There was another
man with him who had dark curly hair. The prisoner's
face seems somewhat thinner than when I first saw him.
His beard has also grown longer, but I beliove hitn to be
the person I saw. He wore a cloth cap, which he has not
now got on.
The Lord Mayor—Put the prisoner's cap on him. [This
was done by the officer in charge.]
Witness—Yes, I believe that is the man. The prisoner
did not ask for the string ; the man by whom he was ac-
companied did, as he spoke English. The man with the
dark hair also paid for the article, and then they both left
the shop.
The Lord Mayor—Did the two men speak to each other ?
Witness—Yes, my lord. They conversed together while
in my shop, but as it was carried on in a foreign language
I could not tell what they said.
The Lord Mayor—Do you wish to ask the *witness any
question ?

Prisoner—No.
Inspector Coward—l have heard the whole of the evi-
dence given by the witnesses, and I have reasonable ground
to suspect that the prisoner is one of the persons who com•
mitted the murder at Kingswood Parsonage on the night
of the 10th of June.
The Chief Clerk (to the prisoner)—You have heard the
charge against you, what do you say in answer to it?
Prisoner—l've nothing to say except that I am astonished
that they should accuse me of the murder.
The Lord Mayor (to the Inspector)—You have come here
with a warrant from the Surrey magistrates, and you wish
to have the prisoner delivered over to your custody, as you
believe him to be concerned in the murder at Kingswood ?
Inspector Coward—l do, my lord.
The Lord Mayor—Very. well. When will he be tried at
Reigate?
Inspector Coward—l think on Monday next.
The Lord Mayor—ln the event of the prisoner being dis •
charged by the Surrey magistrates, he need not be brought
here again, as the offence with which he is charged in the
City is so simple that he will have undergone sufficient
punishment for that. You can have the prisoner delivered
over to your custody.
The prisoner was then formally delivered over to the
custody of the Inspector of the Surrey Constabulary, and
in a short time afterwards was conveyed back to Reigate.

A ROYAL MARRIAGE.-0a the 20th inst. Count
von Leiningen, Rittmeister in the Chevaux Legers, married
Miss Flossmann, the daughter of a brewer at Munich. By
this marriage the daughter of a Munich citizen becomes a
COMielaell 9f the Queen of Ll3gland.—Cologno Gazette.