The Sun.
London, England, 1850-02-22 00:00:00

COURT OF EXCHEQUER, Feb. 21.

(Sittings at Nisi Prius, before the CHIEF BARON and
a Special Jury, at Guildhall.)
TARTE V. BARNES.

Mr. Sergeant Shee, Mr. Bovill, and Mr. Phipson,
appeared for the plaintiff ; Mr. Martin and Mr.
Greenwood were counsel for the defendant.

This was an action brought to recover the sum of
2,9371. 10s., under the following circumstances :
Thar plaintiff is a Belgian engineer, who having sur-
veyed and set on foot all the preliminaries of a line
from Louvain to Jemappe, with the exception of that
important feature, the capital, sent over an agent to
London in 184.5 for that purpose. The result of that
gentleman's operation was, that a company was spee-
dily formed by the assistance of Mr. Barnes, an in-
fluential member of the Stock exchange (the defen-
dant on the record), on the condition that he should
act as broker for the company, as well as to be a di-
rector. Upon this two of the directors proceeded to
Brussels, where the plaintiff executed an agreement,
by which he stipulated for the receipt of 30,0001. out of
the deposits within one month after the " concession"
should have been obtained from the Belgian Govern-
ment, he undertaking to pay all the expenses of form-
ing the company up to that time, including broker-
age and commission, and 7,5001. by way of allowances
to the provisional directors, who were five in num-
ber. After this agreement the scheme was regularly
launched. The defendant, who was the only acting
director, as we understood, received upwards of
200,000 applications for shares, 23,000 of which he
passed and allotted after inquiry. On these shares
all the payments and calls were duly paid. In the
course of a short time the plaintiff and his agent
quarrelled, and proceedings in Chancery were insti-
tuted for an injunction to restrain the directors from
paying over the money to the plaintiff. These dis-
putes, however, being adjusted, an arrangement took
place, and the balance of the sum agreed upon was
paid to the plaintiff, after deducttng the 7,5001. for
the directors, and 2s. 6d. as brokerage for 23,000
shares, which are alleged to have been issued through
the instrumentality of Mr. Barnes. This claim
amounted in the aggregate to 2,9371. 10s., the amount
sought to be recovered ; and the question now raised
was, whether it could properly be claimed by, and al-
lowed to, the defendant as brokerage under the ar-
rangement above-mentioned. On the part of defendant,
Randell was called, after the plaintiff had struggled
uccessfully through the jaws of a nonsuit, and that
entleman stated that he was solicitor to the company,
nd detailed the arrangement and settlement thereon
after the injunction was removed by him with Mr.
few, since deceased, on behalf of M. Tarte, when
the Claim for the 2,937/. 10s. was made and allowed,
though " under protest and subject to the approba-
tion of M. Tarte." It, however, appeared that Mr.
Barnes had presented Mr. Randell with 300/. out of
this sum after the negotiation terminated, and fur-
ther, that the co-directors of Mr. Barnes, on hearing
of the result, preferred a claim to (participate ,in the
so-called brokerage, which, after consideration, was
assented to, though Mr. Barnes had then a partner on
whose behalf a plea of set-off had been recently in-
troduced into the record. It also appeared that
though Mr. Barnes had allotted the whole 23,000
shares, he had done so at the office of the company as
diretitor, and that out of that number somewhere
aboUt 10,000 only had been recommended for allot-
ment by him as broker. Under these circumstances,
Mr. Sergeant SHEZ contended, in reply, that there
was no right whatever on the part of the defendant
to retain this money ; that all that he had done was
as director, and that the commission or brokerage
for which the plaintiff was to pay was not contem-
plated by him to attach to any such charges.
The CHUB BARON left it to the jury to say whe-
ther the defendant was entitled to deduct the whole
or any portion of the sum in question for any services
rendered as a broker, expressing. it to be his inclina-
tion of opinion that the services performed were
rather those of a director than broker. _

The jury found for the plaintiff for the whole
amount.

COURT OF COMMON PLEAS, Feb. 21.
(Sittings at Nisi Prius, at Guildhall, before the Lord
Chief Justice WILDE and a Special Jury.)
THE ELECTRIC TELEGRAPH COMPANY V. ERETT.
This was an action brought by the Electric Telegraph
Company against the Messrs. Brett and Co.,
for an infringement of patent.
It appeared from the speech of the ATTORNEY-
GENERAL, who opened the case for theVplaintiff at great
length, that the patent under which the Electric Telegraph
Company's lines are worked was first taken out by Mr.
Wheatstone. from whom it passed into the hands of Mr.
Coke, Mr. Ricardo, and Mr. Bidder, who afterwards as-
signed their several shares to the company in whose
hands the whole profits from the patent are now vested.
The principal improvements, as stated by the Learned
Counsel, consisted in securing a vertical angular motion
to the needles, in the arrangement and combination of
the needles in connexion with diff?rent batteries, in the
arrangement and combination of
.different buttons to
worleltiplifferent needles. and in having duplicate dials,
soAsto itsitirdicate intelligence at any point between
ti-eceeeemjae jScceep. 13rett's patent, it was con-
teh _ ded;' • wai in ---oiler respect similar to this,
except-in tYce a,l%,:fic that the needles or magnets
were matlO*tedt inifeed of straight, as in Mr. Wheat-
stones ine***._ the conclusion of the Learned
Cgalliser? rk of the Court read some long
re"

extracts from a description of all the details of the
working of the telegraph, to elucidate which frequent
use was made of a model of a working telegraph, which
had been erected in the court.
(The case had not concluded when the Court rose.)

INSOLVENT DEBTORS' COURT, Feb. 21.
(Before Mr. Commissioner PHILLIPS.)
IN THE MATTER OF SERGEANT C. C. JONES.
The insolvent, a sergeant-at-law, of Sergeants'.lnn,
Fleet-street, came up for his discharge.
Mr. Cooke supported ; Mr. Parry appeared on be-
half of Mr. T. J. Phillips, a creditor for 1,2001.
Several creditors appeared in person.
The insolvent, who is in a very ill state of health,
was accompanied to the court by his surgeon.
At the conclusion of the case, after his liolsouß had
intimated his opinion that there had not been a taint
of fraud in the insolvent's conduct sustained by the
evidence in opposition, and that he would leave the
court with an unspotted reputation, the creditors
acceded to the offer made.
It was agreed that it should be made a rule of court
that one-fourth of the insolvent's income should be
duly set apart for the liquidation of the debts, and the
discharge was pronounced.

POLICE INTELLIGENCE.
GUILDHALL.

Mr. Edward Kenealy, a barrister, living at No. 4,
South-square, Gray's Inn, appeared before Sir Peter
Laurie and Mr. Alderman Hunter, charged with
brutally ill-treating his natural child, by hanging it
up and flogging it in a most cruel manner from its
ankles to the nape of its neck. _ _

Mr. Burnie, the barrister, who attended on
the last occasion to watch the proceedings on behalf
of Mr. Kenealy, also appeared yesterday to defend
him.

Mr. Pontifex, olerk to the board of guardians of
the West London Union, said that he appeared on
behalf of the board to prosecute in the case, if the
Aldermen thought it necessary.
Sir P. LA.IIIIIE and Alderman HUNTER said they
had not the least hesitation in saying that the case
must be sent to the Middlesex Sessions for a jury to
decide the matter. Would the guardians undertake
to keep the boy, and have proper care taken of him ?
Mr. Pontifex said that he would be properly attended
and cared for.

Mr. S. J. Burt, partner of Mr. Bullen, the surgeon
to the West London Union, said, I live at 26, Far-
ringdon-street. On Thursday, the 14th of February,
the child's case first came under my notice. There
was a horizontal mark round the child's throat, which
might have been caused some days.
Chief Clerk—Can you form any opinion how that
was caused ? Mr. Burt—l cannot say exactly as to
the instrument used, but it appears as if a cord had
been passed round his neck. On minute examina-
tion I found an indentation in the throat, near where
the abrasion of the skin was. There was a scabbing
in front of the throat, and some portion of it had
suppurated at that time, and therefore I inferred that
it had been done some days previously.
Sir P LAURIE—WouId you believe it to be done
so recently as the Tuesday before you saw it ?
Mr. Burt—lt is possible that it was done three or
four days, but I cannot say.
Sir P. LAURIE—Do you think a rope was used to
cause it ? Mr. Burt—lt appears to have been caused
by the struggling of a child to free itself. There is
no mark on the back part.

Sir P. LAURIE—Now describe the appearance of the
body of the child when you examined it. Mr. Burt—
On removing the dress from the upper portion
of the back to the lower I found it perfectly dis-
coloured from bruins, suppuration having taken place
in consequence of the rupture of small vessels. I did
not count them, but they were all of the same cha-
racter, from the scapula down to the posteriors, and
his arms and leg., to the feet, were also in the same
state. In other respects the child was in good health,
except that he became excited when questioned.
Sir PETER LAURIE said it was not a question
for summary jurisdiction, but for a jury to decide
whether he had not exceeded his duty as a father, in
correcting the child too severely. The case must go
to the sessions.

Mr. Kenealy was allowed to go at large on condi-
tion of his appearing with his hail on Saturday, to
answer the charge on the sth of March.

WORSHIP-STREET.

Richard Pike, a hairdresser in business at Hert-
ford-terrace, Haggerstone, was placed at the bar be-
fore Mr. Arnold, charged with having assaulted and
wounded his wife, Margaret Pike, whereby her life
had been seriously endangered.
It appeared from the evidence of police-constables
Hooper and Harrington, that while on duty in Hag-
gerstone shortly after three o'clock that morning they
were attracted by a loud crash of broken glass to the
house of the prisoner, upon reaching which they heard
stifled cries of " murder" and "police " in a woman's
voice, in one of the upper rooms. police,"
knocking
loudly for admittance without receiving auy an-
swer, they at length burst open the door and pro-
ceeded to a room on the first floor, where they found
the prisoner's wife, who was far advanced in preg-
naßcy, extended upon the floor and held down by the
prisoner, who was grasping her throat with one hand,
while in the other he was brandishing a heavy brass
candlestick, with which he had beaten her so cruelly
that the blood was pouring out from her mouth and
now. The instant they made their appearance the
prisoner threw down tlie candlestick, and grasping
her by both hands round the throat, endeavoured to
strangle her, laut they dragged him forcibly away,
and upcm telliag him that he appeared to have
killed liis wife, who lay perfectly senseless,
without exhibiting any signs of life, he
carelessly answered that he was glad to hear it, and
hoped that she was dead. The prisoner was then con-
veyed to the station-house, to which also the injured
woman was taken in a cab, and Inspector Tarleton
instantly procured the assistance of the divisional sur-
geon, who dressed her wounds, and directed her re-
moval to the infirmary of the workhouse. The in-
spector afterward; repaired to the prisoner's house,
where he found four little children without any one
to take care of them, and, as they also appeared to be
totally unprovided with the ordinary necessaries, he
directed them to be placed under the charge of the
parish authorities, until some of their friends could be
induced to receive them.

Two medical certificates were produced by the in-
spector and handed up to the bench, the first from
Mr. Robinson, the police surgeon, describing the wo-
man as having sustained several severe contusions
about the head, as well as other internal injuries,
which, to a person in her condition, would probably
be productive of the most serious consequences; and
the second from Mr. Clarke, the parish surgeon, to
the effect that she was in such a dangerous state as to
wholly preclude her attendance at this court.
When called upon for his defence, the prisoner said
that he had had an altercation with his wife, who had
broken the windows of the room, and that he was
compelled to drag her to the floor, to prevent her
throwing herself headlong into the street.
Mr. ARNOLD said that it was a most serious case,
and he should order the prisoner to be remanded for
a week, to await the result of the injuries bis wife
had sustained.

LAMBETH.
Mary Sails, a middle-aged German woman, was
brought up for final examination before Mr. Norton,
on a charge of stealing 281. 10s., a valuable gold
watch and chain, a silver snuff-box,'and other articles,
the property of Mr, Hurst, a gentleman holding
a situation in her Majesty's Customs.
The prisoner, in reply to the charge, said that Mr.
Hurst had given her la in cash, the gold watch,
chain, and other things.
This Mr. Hurst positively denied, and the prisoner
was fully committed for trial.

SOUTHWARK.
In the course of the day one of the ministers of
Lambeth parish waited on the magistrate in order to
solicit his advice with reference to a society recently
started on the south side of the metropolis, and which
was of a nature calculated to impose upon the bene-
volent. The Rev. Gentleman then handed in one of
the circulars of the said society, termed the " South
London Soup-kitchen Benevolent Loan and Visiting
Society, supported by annual subscriptions and
voluntary contributions, 33, Redcross-street, Union-
street, Borough." The circular or prospectus of the
society commenced with a quotation from the Bible
—" He that hath pity upon the poor lendeth unto the
Lord ; and that which he hath given will He pay him
again." It then went on to describe that it was es
tablished by a few friends of the destitute and de-
serving poor, for supplying them with bread, coals,
soup, and other necessaries, by such means and
manner as every wellwisher to the wants of their
suffering fellow-creatures can but appreciate. It
stated the distress at present existing in
this great metropolis was to an extent far
beyond human comprehension ; that the late
dreadful epidemic that has ravaged this country, more
particularly the labouring poor, has left them at this
particular season of the year in the most abject and
heartrending condition. Plan of operation—That
the annual subscription to this society be from 10s.
Gcl. ; all subscribers of 1/. is. and
which will
ill b
be
entitled to tickets for distribution,
pre-
sentable as gifts to any person they may think protpeisr
to distribute them to, it being in the powerof this
society of purchasing necessaries at the lowest mar-
ket price (having entered into contracts with trades-
men and provision merchants), giving the possessors
the full benefit of the boon. The remaining portion
of the subscription to be devoted to the general pur-
poses of the society. The prospectus also set forth
that not only would temporary employment be given
to those in need of it, but small amounts of money, as
loans, to deserving persons would be distributed ; and
is concluded thus :
" The managers, therefore, earnestly appeal to the
benevolent in this their charitable, endeavour to alleviate
th© distress of their suffering fellow-creatures, in the
hope that the call will not be made in vain. Should you
feel disposed to forward their views, your name to the

enclosed form is respectfully solicited, either by a dona-
tion or annual subscription.
" T. GIBBINS, Superintendent."
The reverend applicant said, that he had instituted
inquiries relative to the society in question, and as-
certained that the person who denominated himself
the superintendent _was the man who had rendered
himself notorious in connexion with the Animals'
Friend Society, and to which publicity had been
given at the period it occurred. The society of which
this man was now the head was well calculated to
impose upon the humane, and he: found that several
subscriptions had been procured from them. He had
made it his business to discover if any and what
benefits resulted from the formation of such a society,
and found that there were none, and that the money
was expended for very different purposes to that
which was intended by the donors ; that, in point of
fact, the poor derived no benefit from it, and on as-
certaining the facts his object in bringing the matter
under the notice of the magistrate was that such pub-
licity might be given to the circumstances as would
put the public on their guard,!and prevent such a
society from receiving subscriptions for such pur-
poses.
Mr. LONG inquired if the society had established a
soup kitchen for the relief of the destitute ?

The rev. applicant said that the so-called society
had two miserable rooms in Redcross-street, but there
was no appearance of anything in the shape of food
for the poor ; that, in fact, it was a piece of gross
deception altogether, and no doubt concocted for the
purpose of obtaining subscriptions under the guise of
serving the poor and destitute.
Mr. Edwin, the chief clerk, said that he had re-
cently heard of the existence of such a society, and
that a friend of his had contributed a guinea, and that
he"was furnished with some soup tickets. One of the
tickets was shortly afterwards given to a poor woman,
who, on presenting it to the society, was informed
that the soup was not prepared, and the ticket was
therefore useless.

Mr. LONG said that if publicity was given to !the
application through the medium of the press, it would
be the means of preventing any future attempts of such
a society from practising impositions on those who
were charitably inclined.
The rev. applicant having stated that that was the
object he had in view, then retired.