The Sun.
London, England, 1844-01-15 00:00:00

SHE BKOTNERS.-COLLISION.

This was another case of consolidated cross actions, in
which the owners of the bark Brilliant and the bark Brothers
sued each other for the damage caused to their respective ves-
sels by a collision which occurred in the Channel on the 2d
of October, 1843, the Brilliant being bound from London to
Glasgow, in ballast, and the Brothers from London to the
Sandwich Islands, with gunpowder and general merchandise.
A similar conflict of evidence was exhibited in this case as in
the last, except as to the wind, which (contrary to most
examples) both parties admitted to be about N. W.
After hearing Dr. Addams and Dr. Robertson for the
Brilliant, and the Queen's Advocate and Dr. H. Nichell for
the Brothers.
The Trinity Masters were of opinion that the Brothers being
on the starboard tack, it was her duty to keep the wind, which
she did, and that it was the duty of the Brilliant to bear away,
and that, by attempting to cross the bow of the other vessel
the latter vessel had occasioned the damage.
Dr. LUSIIINGTON was of the same opinion, and dismissed
the owners of the Brothers from the actions of those of the
Brilliant, an'l pronounced for the damage claimed by the
owners of the Brothers in both cases, with costs.

SURREY SESSIONS.

DANIELS V. THE POOR-RATE OF WEST MOULSEY.

This was an appeal from an additional sum of 3001. as a
poor-rate for Moulsey Hurst-course.
Mr. Willinger and, Mr. Conner appeared for the appellant,
and Mr. Chambers, who came specially, with Mr. Bevil',
were retained for the respondents.
From the evidence adduced to the bench, it appeared that
the Hurst contained 79 acres, and that in December last a rate
of 328/, was made for the race-ground; the ground of appeal
was, non-occupancy at the time the rate was made, and also
that the course was not rateable property, and that it only
ought to have been rated as farming land. Mr. Daniels held
the race-course, together with other land, under Lord Ho-
tham and Sir George Berkeley, but there was a clause in
the agreement, that for a period of twenty-one days at the
summer races he should remove his cattle, and give up pos-
session to his landlords, in order that booths, stands, tents,
posts, rails, &c., might be placed in the ground for the accom-
modation of the public at the races, Mr. Dani. Is himself re-
ceived no profit from the races, but, on the contrary, it was
deemed an injury and inconvenience to him ; and it was also
proved in evidence that, until the year IS4O, no attempt was
ever made to levy a poor-rate on the ground, as profits de-
rivable from a race-course. On that occasion an appeal had
been made against the rate, but the parish did not take it into
Court.
Mr. CHAMIF.ItS, on behalf of the parish, now argued that
the Hurst was clearly rateable, and that the tenant was liable
who was in possession at. the time the rate was made. The
races now had become exceedingly popular and attractive, and
the ground was let for 3001. for the two days. The Learned
Gentleman then proceeded to call witnesses to prove the revenue
achich was derived, and said that. if Mr. Daniels gave up pos-
session to Lord Hotham and Sir George Berkeley, no doubt
there was a deduction in his rent in consequence. Mr. Bates
proved that previous to the death of his father, who
held the land before Mr. Daniels, he had made a cal-
culation of the money received for the summer
races, which he estimated as follows : —Twelve gam-
bling booths, 450/. ; stable standing, 100/. ; thimble riggers,
75/. ; drinking booths, 2001. ; standing of carriages in the in-
closure, 350/. The Spring Meeting was not so profitable. and
he kad that put down at 50/. There was also a cricket club,
which produced Si. per annum. There were private matches,
shooting, and other national sport a, which produced a great
deal of profit, but how much he was not enabled to state with
accuracy. The Learned Counsel contended, therefore, that
by the statute of Elizabeth, Mr. Daniels was clearly liable to
the rate ; the race-course had local advantges. Epsom Grand
Stand, and the Lord's Grounds were rated to the poor, and
there was no possible reason why Mousley Hurst race-course
was not liable.

Several witnesses proved that Mousley Races were improving
every year, and that Queen's Plates were run for, and there
was also the Surrey Stakes, which made them exceedingly
attractive, and the races were attended by thousands of persons.
The Court confirmed the rate. Appeal disallowed. Coats, 40s.

POLICE INTELLIGENCE.
(SATURDAY.)
GUILDHALL.

On Friday 'William Aynscomb, a gardener, lodging in
Daubeny-place, Pentonville ; Frances, his wife, and
Henry, his son, were re-examined before Aldermen
Johnson and Gibbs, charged with receiving a large
quantity of Chusan and other dresses, the property of
Messrs. Price and Partridge, of Cheapside, calico and
woollen printers.
The MAGISTRATES having consulted together, agreed
to admit the husband to bail ; but as further material
evidence was to be produced, which might implicate all
the prisoners, the Aldermen could not discharge either
of them now.

Thu prisoners were remanded till Thursday.
The Rev. W. Jones was summoned before Aldermen J.
Johnson and l'tumphery to show cause why he refused to pay
the sum of 3/. ss. for poor-rates due to the parish of St. Gre-
gory by St. Paul.
Mr. Wilkins appeared on the behalf of the parish, and Mr.
C. Pearson, the Cit) Solicitor, was present to advise the Ma-
gistrates, as the case was a most important one, and the first
which has been brought for decision under the new Act of
Parliament.

Mr. Jones is the Secretary of the Religious Tract Society in
Paternoster-row, and handed in the Act of Parliament passed
last session, which exempts all societies " of literature, science,
and art," from the payment of poor-rates, provided " that no
dividend, gift, division, or bonus, is, or may be made amongst
the subscribers." The Act of Parliament also requires that
the society must be supported by voluntary contributions, and
that a barrister must certify that it is within the meaning of
the Act. This had been done by Mr. Tidd Pratt, whose cer-
tificate to that effect was handed in, and this, Mr. Jones con-
tended, was all that the law required to bring the Society
within the exemption, and the rules themselves showed that the
Society was entirely supported by voluntary contributions.
Mr. Wilkins, on the other side, urged that it was not only
necessary for the Society, which was only an underselling book-
shop, to show that they had not divided any profits, but " that
they may not do it." This was an association which could not
be said to be for the advancement of science, but on the con-
trary, and nothing expressed in the Act took away the power
which a Magistrate had under other circumstances.
Mr. C. Pearson said he should certainly advise the Bench to
dismiss the summons, or else why should the barrister'a certifi-
cate be given. The parties applying had still a right of appeal
to the sessions.

After a very long discussion the summons was dismissed, but
a very general impression prevails that the decision will be set
aside on the appeal.

appeal.
_MARLBOROUGH-STREET.

Joseph Emmington, a private in the Coldstream Guards, was
brought before Mr. Hardwick for anal examination, on a charge
of having committed an unprovoked assault on George Stephen
Bond, carpenter, of No. 11, Dorcas-terrace, Hammersmith.
The complainant said he was passing through Hyde-park
about seven o'clock on Thursday evening, having about a
minute before left a person with whom he had been in company,
when he was suddenly attacked and ill-used by the defendant,
who appeared to be drunk. He called for assistance, and a
policeman and his friend, who had not got out of hearing, came
back and took the soldier into custody.
In defence, the soldier said the complainant wanted to take
infamous liberties with him, and this was the reason why he
had assaulted him.
The complainant, who appeared horror-struck at this decla-
ratioss. asserted that it was utterly false, and, if allowed, he
would bring forward proof to that effect.
Mr. H.Aunwicx having consented to remand the case until
Saturda2l, all parties were in attendance.
412 TiNtag9J 4•YQuAg wow 4ik 0 14 LW. Gimp

street, Paddington, said she was in the park about seven
o'clock on Thursday evening, when a soldier "ame up to her,
struck her, threw her down on the gt and --vant. a to abuse
her person, but she resisted succe?sfuliy. arid just at that mo.
merit a person came up and wa, instantly as;aulted by the sol-
dier. That person was the complainant. Witness went to the
station-house to state how she had been used. The complainant
did not speak a word to the soldier before he was ill-used The
soldier might have been drinking, but he appeared to witness
to be more wicked than drunk.

A footman named Wise proved that he had left the com-
plainant not more than a minute behre the assault took place,
and he perfectly well recollected the witness Thompson coming
up and telling the police that the soldier had just been ill-treat-
ing her, and afterwards had run over and struck t he complainant.
The complainant's solicitor said he had a host of most re-
spectable witnesses in Court to speak to the character of his
client.

Mr. HARDWICK said it was wholly unnecessary to call them,
for the evidence clearly proved that the charge had been
trumped up by the soldier, in order to cover the unjustill,ble
assault he had committed when drunk. No: hing could be more
abominable than such an infamous eefence, and if the soldier
received a punishment of two years' hard labour for his con-
duct, he would get no more than ke richly deserved. He
should go as far as the law allowed, arid inflict the inadequate
penalty of 51., or two months' impriserment. The com-
plainant left the Court with an unblemished character.

WORSHIP-STREET.
On Friday six dejected and miserable-looking men, named
Joseph Corbel, William. Smith, William Hinde, James
Booth, William Carrington, and John Hantswell, were
chargtd before Mr. Bingham, by William Horsford, one of the
officers of the Mendicity Society, with mendicancy.
I-lorsford, while- pass.ng through Bunhill-row, at eleven
o'clock, met the six prisoners, four of whom Hinde, C,rring-
ton, Booth, arid Hantswell) were in a body in the middle of
the road, singing a loud and doleful song, made up for the oc-
casion, on the subject of their distresses, while Corbet arid
smith were on either foot payment, tollowing and begging of
the passengers in the moat importunate and obstinate manner
The prisoner Corbet, who bad been a soldier, hut discharged
for misconduct, was an old and incorrigible offende., and he
had taken him into custody only a short time ago under the
same circumstances.

Booth and Hantswell stated that they were machinists by
trade, and natives of Stockport, where they had endeavoured
to get employment in any branch of their business they could,
but without ,uccess. They at last resolved to come to the
metropolis, where they had been only six days; but the same
had fortune attending them here, they had been induced by
Corbet to join him and the others, in the hone of obtaining
enough money for their shares to carry them back to their
native place. They assured the magistrate, in a very earnest
and apparently truthful tn.inner, that they were not habitual
beggars, that this was the first time they had ever asked tor
alm,, and that they dui not know they were offending by so
doing.
Hinde, and Carrington said that they were mechanics,
but out of employment, which of no description could they
obtain anywhere. They all had wives and children, who were
in a state of absolute sta: vation, anti it was not until they had
pawned and sild every artide that would fetch a penny that
they had adopted this course. I hey each told a tale of con-
summate misery and wretct,edness, and implored the magis-
tate to do something for them.
Mr. BINGHAM asked if they had applied ttl their parishes
for relief ?

They all, except Corbet, replied in the negative, and said
they would sooner perish than expose themselves to the rebuffs
and contempt of strange overseers to whom they woull be
obliged to apply.
51r. BISON/in said that from the appearance anti manner of
the poor men, he was much disposed to believe that they were
in the state of extreme wretchedness and distress they repPe-
sented themselves to be in ; but in exact proportion to their
distress and want was their right and title to relief from the
parishes to which they belonged , and if, upon a proper appli-
cation to their overseers, relief was refused to them, they had
only to apply to himself or any other, the nearest magistrate,
and that magistrate would compel the parish officers to perform
their duty. As to Corbet, it had been proved that he was an
old and practised beggar, and, as an example to others of his
class, he should commit Lioi to the 1-Lais.. of Correction, with
hard labour, for a month. Booth and Hantswell he should dis-
charge, that they might return to their native place imme-
diately, which he trusted they would do ; but
and Carrington he should remand for another examination,
that inquiries might be made into the truth of their s.ate-
merits, when, if they shouxl be found to be correct, be wi.uld
see what could be done for them.
Directions were then given to the officers to make these in•
quiries, and report the result to the magistrate.