The Sun.
London, England, 1861-04-20 00:00:00

TIIE EMPEROR OF AUSTRIA V. DAY AND KOSSUTII.

The hearing of this case was resumed this morning.
Mr. Collier, on behalf of Kossuth, replied in an elaborate
speech, contending that it was admitted by the other side
that the Emperor of Austria only derived his right to issue
notes in Hungary from an edict which was, in fact, uncon-
stitutional in itself. it was the only occasion on which a
foreign potentate had applied to the Court to assist him in
the government or misgovernment of his country. He denied
the right of the Emperor of Austria to claim the rights of
the King of Hungary, for King Ferdinand had never abdi-
cated, and if he had the throne was vaoant,:as the Emperor
of Austria had never taken the oaths to preserve the con-
stitution and uphold its laws, as former kings had done
He concluded by calling on the court to dismiss the bill,
Mr. Bacon was then heard on behalf of Messrs. Day and
Co. Ile contended that on the plaintiff's showing there
was no case, for the evidence failed to establish any exclu-
sive right to manufacture these notes out of Austria.
This was the most unprecedented suit—one of the most idle
and useless that had ever occupied a court of equity, and
he felt no doubt nat the Court would dismiss it with costs.
The Vise-Chancellor took time to consider his judgment.
TOW LE V. THE NATIONAL GUARDIAN ASSURANCE SOCIETY.'

His Honour said this suit was instituted to recover a
sum of money purported to be secured by a policy of insur-
ance, at that time called a guarantee policy, and he was of
opinion that the plaintiff had established his case, and de-
creed for the sum claimed, with interest at 4 per cent., and
costs.

COURT OF COMMON PLEAS.
(Before the Lord Chief Justice.)
RUSSELL V. TILE GREAT SHIP COMPANY.
It will be recollected that an award had been made
against the Great Ship Company in favour of the plaintiff
to the amount of £lB,OOO, and a motion had been made to
set aside that decision on the ground .that the arbitrators
had taken certain things into their consideration which
they ought not to have done.

His Lordship said the Court had decided that the deci-
sion of the arbitrators in favour of Mr. Russell should be
upheld.

Mr. Williams, on the part of Mr. Scott Russell, applied
for immediate execution, on the ground that the Great
Eastern screw-ship, which was tho only property possessed
by the company, was about to sail for Aua,lrica. If the
ordinary time wallowed to elapse before execution could
bo bad the ship would have sailed, and there could be
nothing in England to satisfy the award.
The Court thought the application was reasonable, and
decided accordingly.

COURT OF DIVORCE.
(Before the Judge Ordinary.)
,DERRICK V. DERRICK.

This was the petition of Ann Derrick, praying for
divorce from her husband on the ground of cruelty and
adultery. There was no defence.

The parties were married at Northampton, in 1832, the
respondent at the time being a private in the Hussars, sta-
tioned in that town. He left the army about twelve
months after marriage, and got employment in the
police, and subsequently a guard on a railway,
and they subsequently resided in different parts of
England. The respondent was addicted to drunken-
ness, and in 1834 he commenced his ill-usage,
which consisted of striking the petitioner, and beating her
with a strap. She was compelled to separate from him
several times, and as he lost his employ she was compelled
to enter domestic service to support the respondent for a
long time, until she discovered about two years ago that he
was living with another woman. She was obliged to apply
.to a magistrate for protection, and as she had no prospect
of resuming cohabitation. shet determined to institute the
present proceedings to present her earnings being squan-
dered by the respondent, who was so intemperate as to be
unable to retain any situation.

His lordship thought the identity of the man who com-
mitted the act of adultery in the house of Mrs. Curtis was
not sufficiently proved as the respondent. He might,
however, have no moral doubt about the matter, but he
must have clear evidence of the fact.

The case was ordered to stand over for further evidence,

BUDD V. BUDD.

This was a petition presented by Mrs. Eleanor Budd for
dissolution of marriage, on the ground of adultery and

desertion.

Eleanor Budd, the petitioner, said—l was married in
July, 1843. I was then 16 years of age. My husband was
a time. keeper to an omnibus company. I lived with my hus-
band eight months, but during that time we did not live
happy. Ho deserted me while wo were in lodgings in
York-street, Commercial-road—we had previously lived
at his mother's. He told nie the day he left me that
he was going out and that he would be back presently, but
he never returned. I made numerous inquiries about him
and went to the place where he kept the time, but I could
hear nothing of him. He did not leave me any money to
pay the lodging with, but he sent it by his sister on the
Saturday following the day he left me. About a fortnight
after he left me, I saw him at the Bank keeping time. I
asked him for somo money, when he threw some coppers at
me and told me to go and work for myself.
By the Court—l cannot tell the reason of my husband's
desertion ; we never had any particular quarrel.
Sarah Ann Muria, sister of the last witness, proved the
marriage and the desertion in 1841. On the Bth of February
this year I went with Mr. Lindley to Alfred-place, Newing-
ton, and there I saw Budd. I saw a woman there named
Dunmer. Budd told me she passed as his wife.
Henry Colver said—l live at 14, Alfred-place, Newing-
ton. I let two rooms to Mr. Budd. There was a female
with him, who appeared as his wife. I introduced Mr.
Budd to Mr. Lindley.
Mr. Lindley proved serving the citation on the respon-
dent, and also the introduction of the woman Dunmer as
his wife.
Rule nisi with costs.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
A FRAUDULENT BANKRUPT AND RECOVERY OF PRO-,

PERTY.-IN RE GUSTAVUS PARRY.

This bankrupt, it will be remembered, had carried on
business in Philpot-lane, and was convicted at the Central
Criminal Court for offences under the bankruptcy laws.
Mr. Wheeler, through whose instrumentality the bank-
rupt had been apprehended at Geneva, and property to
a considerable amount recovered for the creditors and the
bankrupt prosecuted to conviction, now applied to his
Honour to make an order upon an attorney to give up the
property belonging to the estate.
The matter was discussed before Mr. Alderman Cope••
land on the examination of Parry, and sundry letters found
on the bankrupt when he was apprehended were forwarded
to the Law Society.

His II onour said he did not see how he could interfere in
the matter.

Mr. Wheeler said that he held one half of the notes, and
the other halves had come into the possession of the attor-
ney since the bankruptcy.
His Honour—l can't interfere at present. If you ask for
a summons I will grant one, but then I can do nothing un-
less he submits to the jurisdiction of the Court.
Mr. Pennell, the official assignee, said that he believed
the object was to get a decision.
His Honour said that he would grant a summons,' and
said that Mr. Wheeler's exertions had proved very bene-
ficial.

POLICE 11VTELL TGENCE.—( This Day.)

MARLBO ROUGH-STREET.

THE BAGPIPE NUISANCE.—John Campbell, a lad
attired in a Scotch dress, was charged with playing bag
pipes to the annoyance of Mr. Henry Dolby, engraver, of
56, Reg,ent's-quadrant, and also after he was requested to
leave assaulting him. •

Mr. Dolby said that on the previous night about ten the
prisoner began playing his bagpipes in front of his house.
He was going to bed at the time, and having females ill in
the home he called to the lad to go away, but finding that
he would not do so he dressed himself, and went down and
told him to go away. The prisoner then moved just be-
yond the patty wall and began again his discordant
noise, and said, " I slia'nt go you -," and
grimaced at him. A rough lot then came round him, con-
sisting of prostitutes and blackguards, and if he had not held
the prisoner's pipes he would have got away. The prisoner
then gave him a blow in the groin. The prisoner for months
past nightly annoyed the inhabitants of the street, and he
(nr. Dolby) wished to say that he had no vindictive feel-
ing, but asked to be protected for the future ; at the same
time he would state the inspector at Vine-street had acted
With 019 artftttfit kihdAefill WITArd4 faid gi~ea tie