The Sun.
London, England, 1850-12-02 00:00:00

MONDAY EVENING.

his claim. Winter's claim arose in this gray:—He pur
chased the Weekly Chronicle from Sir H. Ward for 8001
He paid 6001. of the purchase-money to Sir. Longburne
(Sir Henry's solicitor), hut subecquently sold the jeurnel
to the present persons for 5501. They paid 3001. in cash
and gave three bills for the remainder. The bills wer,
deposited with Longburce by Winter; and it was upet
one of them for 901., that Winter endeavoured to main-
tain the adjudication. The witnes; having, is answer
to questions put by Mr. Lawrence, stated that he die
not know whether any notice of dishonour had bee•
given to Doyle, as he left the matter wholly to his soli
citor, and no proof of notice of dishonour being tesderee
by Mr. Bagley,
Mr. LAWItANCE thereupon submitted that the bill
of exchange fur 901. could not constitute a sufficien
petitioning creditor's debt. The consideration for the
purchase of the IVechly Chronicle was paid partly in
cash (300 L), and *the residue (2501.) in bills of ex
change. two of which had been paid at maturity; the
third (the one now in question) had been dishonoured.
and no notice of the dishonour having been given
to Mr. Doyle, as endorser, Mr. Winter had, by his own
lathes, not only deprived himself of his right to proceed
upon the bill, either at law or in bankruptcy, but was
also unable to recover the original consideration which
was satisfied by the bill of exchange. Mr. Lawrence,
in support of his argument, referred to "Alderson u.
Langdale," 3 Barn. and AdoL, 660, in which the Court
of King's Bench, per Lord Tenterden, held that although
generally speaking a bill of exchange was no satisfaction,
it would operate as such if the debtor's liability upon it
would be discharged by the holder's lacks.
Mr. BAGLEY contended that, according to the lan-
guage in the contract for the sale of the interest in the
newspaper, the bills were taken as deposit, and not as
payment, aed that not having been paid at maturity,
from whatever cause, the creditor was entitled to recover
so much of the original consideration as remained unpaid.
The Learned COMMISSIONER, however, held that,
having regard to the language of the deed, and the evi-
dence of Mr. Winter, he could come to no other conclu-
sion than that the bills were reeeived in payment. and
not as a deposit. Probably, as between Sir Henry Ward
and Mr. Winter, they were so considered in the first in-
stance; but so soon as Mr. Winter had paid Sir Henry
Ward, and the bills were banded to him (Winter), he
must be presumed to have taken them in payment and
satisfaction, and no notice of dishonour having been
proved, ho (the Learned Commissioner) was bound to
hold, upon the authority of the case cited, that the bill
was a satisfaction of the debt, and that Winter could
not petition for an adjudication of bankruptcy in respect
thereof.

Mr. BAGLEY being unprepared with any other creditor
to substitute, the Learned Commissioher annulled the
adjudication.

Mr. LAWRANCE also called the attention of the Court
to the insufficiency of the act of bankruptcy, which was
founded upon the non-payment of the debt alleged to be
due to Edward Russell, and that debt having upon in-
quiry been held to be unfounded the act of bankruptcy
must, as a necessary consequence, fall.
The Learned COMMISSIONER doubted whether the ob-
jection had not come too late, but ultimately alopted Mr.
Lawrance's view, and recited in the order annulling tho
adjudication that the act of bankruptcy was insufficient
by reason of the insufficiency of the petitioning cre-
ditot's debt.
Adjudication annulled.

POLICE INTELLIGENCE.
CLERKEIV WELL.
James Gray appeared to a summons to show cause why
he refused to pay towards the maintenance of en illegi-
timate child.
The nnFortunate complainant, Miss Ann Rayner, a
fine looking young woman, having given evidence of her
unhappy acquaintance with the defendant, her father,
who holds an official situation on the Great Northern
Railway, stepped forward, end, in a stet° of painful ex-
citement, made a statement, afterwards confirmed by his
daughter, that the defendant, who is in the same servce
as a station-master, solicited end obtained his consent to
pay his addresses to his daughter, with an ultimate view
of marriage, and they were frequently in company
together, seemingly en honourable terms. Those pre-
tensions and promises, however, he had basely abused.
Mr. TTItWIIITT requested corroborative evidence.
The father produced two letters, in which the de-
fendant did not deny the paternity, but concluded with
a remark that he would do no more than the law com-
pelled him. •
Mr. TYRWRITT—What do you call•yourtelf ? De-
fendant—A porter.
Mr. Rayner (indignantly)—You aro a station-master.
Mr. TYRWBITT (contemptuously)—You say you
will do nothing but what the law will enforce. That
I will do to the utmost of my power, and order you to
pay 2s. 6d. a week and the expenses, regretting that the
matter should end in this way. You ought to marry the
poor young woman.
A good deal of sympathy was manifested towards the
young woman and her father,
Thomas Field, William Graves, and Thomas Bellamy,
well-known skittle sharps, were charged with having
conspired to plunder a youth, named Lambert, of 50/.
It appeared from the evidence, that the prosecutor was
induced by a man not in custody to enter the Hit-or-Miss
beershop, Hatton-wall, where he fell in with the pri-
soners, two of whom seeing him with so much money
(which he had received on account of his father, a hay-
salesman at Enfield), urged him to play at skittles with
Graves, who appeared to be drunk, and was flashing
about some bank-notes. Ile agreed to do so, thinking
from their representations that he should be the gainer,
and did not find out his mistake until he had been did-
dled out of every penny he possessed.
A description of the prisoners was given to the police,
and they were apprehended as they were coming out of
the House of Correction, where they had been confined
for a month since the alleged robbery, fer lurking about
Finchley, supposed with intent to commit a felony.
They were remanded.
MARYLEBONE.
Lydia Mortimer, an interesting-looking young woman,
aged 21, was brought before Mr. Long, charged, cruder
circumstances of a most shocking nature, with having
concealed the birth of her infant.
The prisoner was allowed a seat during the inquiry,
as she seemed to be in a very weak state of health, owing
to the short period which had elapied since her confine-
ment. She had for some time past lived in the service of
Mr. Bowles, a gentleman residing at No. 2, Bedford-
place, Hampstead-road. The court was much crowded,
owing to a widely-spread report to the effect that the
child had been murdered and afterwards cut up into
pieces by the prisoner.
A great deal of evidence was gone into, from which it
appeared, that in consequence of a stoppage connected
with the water-closet of Mr. Bowles, Mr. Simmonds, a
tradesman in the locality, was sent for to see what was
the matter. He repaired thither with one of his men on
Thursday last, and something, which was at first ima-
gined to be the entrails of an animal, was found in the
trap of the cesspool. O;her portions of the body of an
infant were also discovered; and, upon the prisoner being
questioned, she admitted having given birth to a child,
which, she said, was not born alive.
The statement of the surgeon, Mr. Kendrick, was,
that he examined the portimis of the body which were
brought to him, and be had found part of what, he had
no doubt, had been a full-grown infant. He bad applied
the usual test, but could not say whether the child was
born alive or not. When portions of the body, which
were brotight to him, ware examined by him, he found
that the abdomen had been cut down in such a way as
to preclude the possibility of hislpeaking as to the in-
fant's sex. When the parts were brought to him there
were the upper extremities, with the exception of the
forearms.
The prisoner, who was suspected to have given birth
to the child, was taken into custody; and at the station-
house she admitted having done so, saying that a person
living in the country was the father of the infent, and
was well able to support it. She alsh admitted haring
" cut it" with a knit; and thrust it into the closet. She
then remarked that she must have been out of her mind
when she did it. The prisoner had no questions to ask
of either of the witnesses, neither had she anything to
say in her defence. .
The MAGISTRATE said that of COIITSO an inquest would
sbeatuhredlday ext
upon the body, and remanded the prisoner till
WORSHIP-STREET.
James Newman, a waiter at the Middlesex Arms,
Dalston, appeared before Mr. Hanatnill, upon a war; a,ut,
to answer a charge of assault preferred against him by
FMrri.enGdeso.rganedWthme.
ptpoorrieol amember of the Society of
or of an extensive scholastic
establishment in the Kingslend-road. From the affirma-
tion of Mr. Moore, a grave-looking, elderly person, it
appeared that on the evening of Saturday se'nnight he
received a visit from a gentleman, named Hearne, the
father of one of his Pupils, who requested that he would
accompany him upon some processional business to the
se residenceatedl b
bat,
M instead r. Harry,ozp
rit‘eehcebdairng
rister,to which ho
there,con-
sented; his companion
induced him to stop at various publicehouses, where they
partook of refreshments, and finally called shortly atter
eleven o'clock, at the Middlesex Arms, where his friend
insisted upon taking a parting glass. They remained
there for nearly an hour, during which time Mr. Hearne
was served with two or three quarterns of gin;:a
portion of which he headed to the witness, but he
declined to drink it. After taking the whole of the
liquor, Mr. Hearne, who _had become considerably in-
ebriated, requested to be supplied with some more, but
the landlady refused to serve it, and peremptorily ordered
them both to leave the house. Not having committed
himself in any way to justify such treatment, witness de-
murred to the mandate, upon which Mrs. Borgness com-
menced pushing him towards the door, and calling the
defendant Newman to her assistance, who rushed upon
him, and, after striking Nina a violent blow on the side
of the head, thrust him forcibly into the street. On
getting outside, the defendant renewed the attack upon
him and continued beating him until at length be took
to his heels, but was pursued by his assailant until he
reached the house of a friend, and placed himself under
his protection.
The witness was to a severe cross-examina-
tion by Mr. Child, who appeared for Mrs. Borgness, in
the course of which it was elicited from him that shortly
before twelve o'clock he made his way with his friend
into the parlour of the house, in order to warm himself,
having left home in his slippers and dressing-gown; and
that the only person in the room was it female eervant,
to whom he addressed a few jocular observitions# and at
the same time Mr. Ifearee commencedefichlieg her under
the arms, foryhish she rebuloel hip somewhat sharply,
end hastily, ,retre hgiute. the I,sktslitlF I.lc clO/,.it-d that
41111.45tnlIcttfi, prP:Mi4P-s gi°ll-tifiFAli.,Fq4 /11:'.
4
4.g,e„,wea ere er,e, "hjtdEvAt lit pißr(OTpt+v-0,
haviniii ken Sole I y actHafed :09..rg WV to areitft
the diSA)ciai of the' tipaitftne° 1 (1'
, ,7-4
the lanelndy; who. Rill seihibited thetfriiteiiinf severe
blaek eyei, distinetVprbererFtbst after rtiteateatiiid iti:
effectual effer:i to rid:er' -hence of the °eel/lute-al eig ..
his- companions she rieise endeavouring tef4emov :life
former, when he commenced a strenuous resistance, and