The Sun.
London, England, 1850-04-16 00:00:00

FANDLAY V. WALKER.

This action was tried at iiorl:,-17efore Mr. Baron
Rolfe, when a verdict was found for the plaintiff.
Mr. WATSON moved 10r a rule to set aside the ver-
dict, and to enter a nonsuit or to enter a verdict for
the defendant. The plaintiff was a merchant at Hull,
and the action was brought against the defendant, who
is a shipowner residing at Sunderland, for the non-ful-
filment of a charter-party, by which he agreed to send
a vessel called the Cleaver, on a voyage to Dantzie and
Sweinemound, to take on board a cargo of wheat and
bring it to some safe port on the east coast, between
Sunderland and Peterborough, both inclusive. The
vessel proceeded on its voyage, but vies unable to obtain
a cargo of wheat from the places mentioned in the
charter-party, owing to the hostilities which were then
going on between the Danes and Germans. Subsequent
negotiations were entered into by the parties, and on the
nature of these some technical questions of law arose as
to the right of the plaintiff to recover, but they were
deToid of any general interest.

The Court grantel a rule.

COMMON PLEAS—(THIS DAY')
(Before Lord Chief-Justice WILDE and Justices Cl 4"
WELL, WILLLUIS, AND TALFotritD.)
LAYcocK v. PINLEY .
In this case, which was an action for breach o',e
Ptr
dr.
mise of marriage, tried at York, before Mr. Baron
son, at the last assizes, with a verdict for the
Mr. MARTIN moved for a rule to show case 0."1,i
verdict should not be entered fur the defendant or 313;1.
trial be granted. The application was grounded 0010,
alleged misdirection of !he Learned Baron in the i°o
pretation of certain letters which were produced bYto
defendant as evidence of a mutual dissolution 01,0
contract existing betwt eu the patties. From these letarfis
which were read by Mr. Mar tin, it appeared Old,
having been engaged to the plaintiff, Miss Lisr"i'l
some years, the deftndant, not thinking his Postflo
sufficiently promising, wrote to her on the 31st ot
1847, expressing his wish that the connexion Ivo
seemed likely to ensue in nothing but misery t 0 p
parties, should be broken off: Tu this, the plaintl,7lo
obedience to his wish. siglotiecl her consent, in s'o
of the 2d of June, to the defendant ; and also in 11o°1i
of the same date, to defendant's mother. From iblid ono correspunuence took place between the
the
within a year and a halt after„ards, when the defindo
having married another lady, an action for brio iy
promise of marriage was brought against hie',;,'
verdict in which trial it was now sought to set eti'.
Rule granted.

A
)f MANSION-HOU6E—(THIS DA- tor
Walter Watts was again brought before Mr.A.O
man Gibbs upon the charge of stealing two obetleejo.
t,4001. each, the property of the Globe Insurance
pany.
110
Mr. Clarkson, with Mr. Freshfield appeared r
prosecution, and Mr. Bodkin, instructed by Mr.
ner, fir the defence. CO
Mr. Roan from the Globe-office, produced tte
pang's Act Of Parliament, being 47 George LEL citlo
which authorises the company to praexte thane
treasurer.
Mr. Clarkson then said,he considered the case 0mole!
40
against the prisoner. Instead of having him cow'
to Newgate he would suggest a remand pro forma.
Mr. Bodkin acceded to the suggestion.
In reply to Mr. Alderman GIBBS, the prisoner,
—I wish to reserve my defence by the advice o'o,
solicitor. lam content to leave the case in tbe he
my counsel.
4.-‘6lll
The prisoner was fully committed for trial gin-
two charges.
,ed I

BO W-STREET.—(THIS DAlregor
A rough determined-looking Irishman, named Ai
1114Cartliy, with a fierce looking woman, were 0,1'7,
before Mr. Jardine under the fnlowing circtunsto°r)
A lady, named Jordan, stated that last everwilY
was returning home from Westminster-road, whherod
had been to see some friends, and onl,passing t',.A 0
Russell-square, about nine o'clock, she encoutitento
two prisoners, who were both drunk. The servlo9
was with her glanced at them, and she'stepped,?A
pavement to allow them to pass, and witness Orto
same. The mole prisoner then came rudely uP tPosg
and said, " What do mean by staring at us like feo
Take that, you b— b—," striking her a blow thilico!
her to the ground. Not content with that, he wdse
her in the lower part of the abdomen, which' rend
her insensible for some minutes; but in the mean
~00tr
the servant had obtained the assistance of some P"'iodt.
by, and both the prisoners were given into n°l),. iro
Witness was then taken to the hospital, where. o°,llos
examined by a medical gentleman, and by his dirr"
she was afterwards removed to her own residence! r„.
001 j
Mr. JARDINE asked what share the female
ide
had in the assault?—The witness replied, she
her face.
t 0114
The servant havirg corroborated the statement
mistress,
h a o,l'
Mr. JARDINE asked the prisoners if they -81 e pj
thing to say in answer to the charge?—The In°olo'
soner said, that when the lady passed them she rem 4,4,
to her servant " the drunken creatures," which eSidtr,
rated his female companion, and they certainl/
sent the affront, but neither of them kicked u!'-
ibi the lady. o
The lady, who was too ill to stand, did•not
necessary to contradict this.
Mr. JARDINE agreed with her, and fined the P
31., or six weeks' imprisonment.
s"
The Hon. Captain Plunkett, of Cambridgre-foliii
Camden-town, was charged with assaulting to°
while in the execution of their duty. h tifo4)
A police-constable stated that he was on duty
one and two o'clock this morning in St. Martint
when his attention was called to the prisonerl
beating a placarded boarding with his stick. de
up to him to request him to desist, as the noise te, ff
making would disturb the neighbourhood, but
soner heeded him not, and continued rapping 0100!
his walking-stick. Witness, seeing that he w.°9„,01;
icated, tried gently to push him away, which sve",
exasperate him so much that he struck witnessA
the shoulders with the stick, and then challeur"?
to fight, observing that he should like to give the
"a b— good hiding." Witness declined hl'se
whereupon the prisoner renewed his former amiu6d suPild
but other constables came up at this moment,
some difficUlty he was safely lodged in the 13°
station house.
Mr. JARDINE asked the constable if the blows b.I
Hinted any injury on him.
105'
Witness replied that the blows hurt him veto
at the time they were inflicted, but the only u"'
perceptible now was a few slight bruises. 01
The defendant did not deny the charge, but coal
that the constable had exaggerated the viole10;i111
adde7l that the officials on duty at the station te,.flidD°'
send for his bail, and the consequence was he 0
locked up all night.
Mr. In:Teeter Marsh said it was not the pros
send the police for be, and When a messenger,"
ceived for the defendant he refused to pay 11101: '„ edOr
The defendant thought his name and attain" o,d,
to have been a sufficient guarantee that beA fir
remunerate the messenger when ha return*" u
the bail.
v,
Mr. JARDINE said no blame whatever attache jotpi
ei
police, and at tor the complaint of the defendant tjOOA,
had been locked up all night, he was liable to•h°,.A
up for more than a month. However- since the - P

8'- oslll
ant had acknowledged that he was in the 010
is
should not adopt that course, but simply fine OD-
full penalty of 5/.
Or°
The fine was immediately paid, and the Noll°
Gentleman liberated at once.

_

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