The Sun.
London, England, 1861-02-27 00:00:00

JUDGMENT-RIDGEWAY V. NE STEAD.

'I his was an appeal from Vice• Chancellor Stuart. The
question raised was, 'whether the executors of mortgaged
estates under the will of the late Thomas Ridgeway were
entitled to recover a portion of the mortgage assets after the
administration of his estates. It appeared that for 15 years
the mortgage property was unable to pay the interest on the
mortgage debt, but afterwards more than was administered.
This suit was instituted for the purpose of valuing the
assets of the mortgager, in the hands of the legatee under
his will.

The Vice-Chancellor said that the unadministered assets
alone were liable to make good the mortgage debts.
The Lord Chancellor affirmed the decree of the Vice-
Chancellor, and dismissed the appeal withk.mt costs, and
directed the deposit to be returned.

SECONDARIES' COURT.
(Before Mr. Potter and a Jury.)

DIFORTANT ADVERTISING CASE.-DARBY V. SMELLIE.
This was an action to recover £5 175., for an advertisement
inserted 39 times in the Englishman's Review and Home

Journal.

Mr. Butler Rigby appeared for the plaintiff, and Mr.
Begbie for the defendant.

Mr. Rigby stated that a canvasser called upon the de-
fendant, in September, 1859, and solicited his advertise-
ment for the newspaper mentioned. Defendant gave an
order in writing for 52 insertions. At defendant's request
the insertions were discontinued after they had appeared 39
times ; and upon his neglect to pay the account the pre-
sent action was brought.

Plaintiff was called, and stated that the newspaper
ceased to exist in about April, last year. He produced
about 28 papers containing the advertisement. At de-
fendant's request, upon the plea of poverty, the advertise-
ment was discontißued. Plaintiff called upon defendant,
and asked him for £5 175., and defendant offered to pay
the amount by 10s. at a time.

Mr. Begbie, for defendant, contended that plaintiff had
made out no case. Here was a written contract for 52 in-
sertions, and plaintiff was not in a position to recover until
the work was completed.

The learned Secondary said, according to the evidence
defendant had broken the contract, and not the plaintiff.
It had been stated that defendant requested that the inser-
tion of the advertisement might be discontinued, and that
he had promised to pay the amount 10s. at a time.
The jury after a short deliberation found for the plaintiff
for 28 insertions, £4 4s.
The learned Secondary did not certify.

CENTRAL CRIMINAL COURT.-(THIS DAY.)

OLD COURT.
(Before the Lord Chief Baron.)
Henry Fisher was indicted for the manslaughter of his

sister.

It will be remembered that the prisoner was a private in
the Royal Artillery, and the charge against him was that
by his neglect he had caused the death of his sister—a
lunatic.

The.proceedings were instituted by the parochial autho-
rities of Woolwich.

The jury stopped the case, and returned a verdict of not
guilty, and the judge ordered the prisoner to be discharged.

NEW COURT.
The Case of Gandell, who was indicted for fraudulent
bankruptcy, occupied this Court the whole day. It was
totally uninteresting to the general reader.

POLICE 11177 ELLIGENCE—( This Day).

.~

'

" INIA.RLBOROITGII •STREET.

Il ,„
• DFR4UDING 1 RA.DESMEN.—SYSTEMATIC SWINDLING.
--Trio well dressecittey,el,men, .a.m.d Edmond Paul and
Carre Were-diarn•ed before Mr. Beadon with obtain-
ing a quiliatity..of shiifi, linen, cambric handkerchiefs, &c.,
of the yalue of £l2 145., from Mr. George Parks, hosier,
&c., of 44, Fleet-street.
Edmond Gregory, assistant to Parles, said—Between
three and four yesterday the prisoners came into the
shop and selected a quantity of goods, which they ordered
to be sent about seven in the even'ng. He took the goods
as desired, and asked for Mr. Carre, saying they were for
him, and there was £l2 14s. to pay. The servant at the
house, 13, Margaret-street, Cavendish-square, took up the
parcel, and came down and said Mr. Cerro was not
at home, but that he was to call in half an hour. He did
not leave, but waited in the hall, and shortly after a person
wearing a cape came in, and was soon followed by Mr.
Carre. They both went upstairs, and shortly after both
went out again, He then asked the servant to go upstairs,
and ask for the money or tho goods. She did so, and sent
worl down that Mr. Carre had gone out and taken the
parcel with him. He then went upstairs and asked Paul
who was sitting there for the money or the parcel. He said
Mr. Carre had gone to Soho square, and he (witness) went

there, but did not find him ; but afterwards did in Oxford-
market. He asked him for the money, and he said, "Go
home, and I'll call'in the morning and pay for them." On
asking for the goods he said they were locked up by Mr.
Robinson, to whose care the parcel was ordered to be left.
Elilattth Lynch, servant at 13, Margaret-street, said

that on Monday last a person, who gave the name of Robin-
eon, toOk apartments at the house on the second floor.
The prisoners called the same night to see Mr. Robinson.
They also came yesterday morning. The first witness
brought a parcel yesterday evening and she took it upstairs,
The parcel was directed to "Mr. Carre, care of Mr. Robin-
son." She Was told by the witness that Ll 2 14s. was to pay

She took the paicel upstairs, and Mr. Robinson said that
the young-man had better call again, but she said he would
wait. She went downstairs, and shortly afterson going up
again the first witness asked her to go up and ask for the
money, and on doing so Mr. Robinson said, " My friend,
Mr. Carre, has been in and gone out again, taking the par-
cel with him."
Barber, 42 G, proved going to the house, 13, Margaret-
street, and taking the prisoners into custody. Paul said
Cerro had taken the parcel away, and that he knew nothing
about it. Paul went into a back room and brought out a
few pairs of gloves, and said the rest of the goods were at
a shop in Oxford-street. He (Barber) then sent for another
constable, and while he was gone Paul seized a poker, and
threatened that if he did not leave the place he would strike
him, but on his pulling out his truncheon he put it down.
He then went with the prisoners to the ice shop near the
Princess's Theatre, and found the parcel, which had been
opened, and had only a few things taken from it (those
found at Margaret-street). The keeper of the ice shop said
they had been left there by Carre about half an hour before.
Inspector Hubbard and Sergeant Silvester said there
would be other charges against the prisoners, and they were
committed in this case, but will be brought up again next
Wednesday.