The Sun.
London, England, 1850-01-19 00:00:00

LAW INTELLIGENCE.

CbMMON PLEAS.—(THIS DO')
(Sittings in Banco.)
THE ORIENTAL HOTEL—DOE DEM. YOUNG V. WARN f~
Mr. Sergeant BYLES :aid this was a case in which ow
Whit•_thurst a day or two ago obtained a ru'e t°
cause why there should not be a uonsuit. The queatr:in a
involved was as to the sufficiency of the stall:lll'7m
mortgage deed, and the verdict at the trial was for (be
plaintiff. His client had a mortgage for 1,000/.11111 et,
lease of the Oriental Hotel, in Ve.e-street, Oxford-skr4
from Mr. Robert Bishop, the proprietor of the bc,,d,
The plaintiff bad made an affidavit, in which he deP°;fat
among other things, that in June last he discovered 1,0
More obtaining the mortgage money, Mr. Bisb°P 0
executed a bill of sale of the furniture in the hotel lao
one Job. He (Mr. Sergeant Bylcs) had to apply, t° to
Court for this matter to come on as a special motroilifra
be argued this term. instral of his client being e'
upon to show cause against the rule in the erdin",
way, ruingthatthe delay incident to the folloellll
tl.e ordinary courra might be exceedingly prejudicial for
the mortgage of his client. There was a precedent lit
the departure from the ordinary practice, which be so.lllgt.c..
in a case which was tried at Huntingdon in 1837, dii".;lP
ported in 3 Bingham's New Casr. s, 437 ; and all that he that
Sergi sat Byles) asked for now was, that upon
authority to Court would allow this to come en 59
to
special motion, on the ground that there was reasocvder,
believe that the parties in possession of the hotel tioo
making away with the property. He might mehnotel,
that Mr. Benjamin Bond Cabbell, the owner of the ate
had distrained for rent immediately t-fer Job boug° 006
furniture, and the consequence had been 0193„013
Mr. lloskyn, an attorney in the case, bad bell for
serest actions against Mr. Benjamin Bond Cab
alleged irregularities- in that distress—(Laughter)
there was also an action pending against the Platigar•
in respect to an entry upon the property by a ra!sl
r'eaol4l,
—(Renewed laught,r.) Ile (Mr. Sergeant Byte') ad'
under the circumstances, their Lordships would a
the application. 1,0114

Their LORDSIIIPS said they would consult thf 016
Chief Justice, before whom the application f treisioti
was made the other day, le'ore giving their '1%300
upon s point involving a departure from the c°
practice of the court.

CRIMINAL COURT OF APT-63)-
(THIS DAY.) jprOri
(Before the Lord Chief Jtn.Vce WILDE, Air.ol/641‘
ALDERSON, Mr. Justice ERLE, Mr. Justice" -
MAN, and Mr. Justice CRESSIVELI.
THE QUEEN V. BOND. ekill4
This was an indictment against Benjamin l'e'igeft
Bond, for stealing 70 sovereigns, 140 l'a'f-soclPlifig.,gt
280 crowns, 400 lellf-erowns, 400 florins, 400 &torte'
and 400 sixpences from his employers, Messrs. oier
the hankers. The prisoner was
in Messes. Currie's bank, and ras t„r`eloilsg
the 28th cf November last, at the Central °justice
Court, le, fore Mr. Baron lderson and Mr' w7O se°
Cresswell, when he was found guilty of stealiag_elig
s meetieroeco
vereigns. It appeared that all the mot:ey
the indictment had been missed, bet from the °I bast
given at the trial, it could only be strictly inferred{ 190
ha had on a Cot tein day abstra t-d 70 sovereigleelajt
there was no proof that he had taken any Plod, te,
coin or coins. The prisoner was twice rentae"fi'd
ea one of those occasions when a further leult:o bps
asked far, he said ho did not want one, as it "o:rer
intention to plead guilty, and the prosecution reag„''
this admission, which was taken down by t"-ariclegvA"
*trate, and infected in the depositions, as el.eecte"
against him; but the Counsel for the defence 01'10/
on the ground that before it was made the magicall,:
did not address to the prisoner the to 12,,1;
tion, as required by the 11th 111:1;„ecl
Vie. The statement war, however, receh'up 39
Mr. Justice Cresswell, and in summing, nnit 1174
told the jury that if they were satisfied the Pti'"4„-- as 13'4
stolen some money from the bank, although it
proved he had taken any particular piece, the /4,0011'
find him guilty; and a verdict to that effect wll3
ingly returned.
lto
Mr. PARRY was now heard in support cf the 11PhPeecs0/1;
reverse the verdict. There were two p 11`61oints fertt teale%
sideration of the Court; firq, whether the ,1; and
.1
made by the prisoner was properly receifey
secondly, whether the direction given to the ,11;rilean't
o
correct. He contended that the evidence, as it ',;,ecli:o
show that any particular coin had been abstrll'
stolen, did not sustain an indictment for lareeBfieribele
article stolen must with certainty be (I,F 001
and specified in the indictment, and °lB,,peeej
proved and identified by the evidence. Thenrofe„
of goods or property ought to be for;
as laid, but in the present :case it wililhd 11e,e0
Bible for the t:prisoner to know whether be —50020
found guilty of stealing gold, silver, or coPPer'njeet
other point, he argued that the prisoner's state- bl(e
not admissable, because he had not been war a>
usual caution that ho was not obliged to sat 11;;',eithi°
but what he did say would be taken down 112 et
and used against him at his trial. a th,
nte de r'
Mr. HUDDLESTONE, on the other side, contended
by
the confesssion., statement, or admission, ma ore a err
soner, at any time during his examination befil'whetPio
gistrate, was receivable as evidence against hirn.'„,oero
ho had been cautioned first or not. The °leis
the present case, first admitted his guilt, god ' Po
subsequent examination, when he was attends • id, 01• 1
, .
solicitor, he repudiated what he had previonali )nr
toee ief;
asserted his innocence ; and he (Mr. Huddles cler.o%
prehended, if a man charged with murder made'...arpittl
his examination, an interlocut )ry observatio?,:ortia
(1
his guilt, the magistrate was justified in 11(bricti°13„
upon the depositions. He thought that the. Ivor'
the Learned Judge was correct, for if tbeqbe ;tit
opinion that some money was stolen, it v0u..,011 Pt'
cient to have proof of the taking, and not as
"
of the particular coins taken.
Mr. PARRY was heard in reply.
The COURT deferred their decision.

•T....-___. _____ ..., r--
~,rrtY.---- il
TIIE EARL OF JERSEY AND nis T1311414'-kiThldiet9
his, rent-audit, held a few days since at '".17.1 on ii_di°
Stoney, the Earl of Jersey caused 10 per -- etnv-h;
tenants' rentals to be returned to thern. themayr
~,v-although
although unsolicited by the occupants, WO, Ps ,on ,`"‘
e.pectecl, thankfully received, and is looked on Ito
Olotiee 9f the Earl's diopoitien $9 Pled sb! Silli

BOW-STREET.--(THIS DAY.)
A showily r.r ee.e l feaisle Wai charged ho Mr.
Henry, Ly Puliet -cor.stablu 94, undo' the following cir-
cumstances : --
The policeman desote 1 t! at, about half-pat six
o'clock last (le :log, he was on his best io the S..rand,
whoa he beard a distill Lance, a, he thought, towards the
ea,t side of St Clement's Churel,••• ard. Upon going
thither he found the prisoner, witti two other females
and two gentlemen, the fetuaes li'frig their clothes
shove their kteet, much to the ansuaernent of their ma'e
friends, Witness went up and spoke to the gentlemen,
expostulating with them on their disgreceful conduct in
witnessing females in the public streets exposing their
persons, but they not heeding his advice, to go away he
was f..rced to threaten to take them into eust.aly. They
all appearing to be quite ready for a night's lodging in
the station-house, he took t',e prisoner, who was e.,corted
. to I3ovs -street by ore of her gentlemen friends, who
said that he was quite willing to he locked ur, es he
would have satisfaction fur the unwarrantable con-
duct of the policeman, by writing to Sir George Grey,
the Home Secretary. The prisoner was a prostitute,
'eel known in the Strand.
In answer to the charge the prisoner replied, with great
li'leney, in nearly the folio,. ing words :—I reside in A run-
dektreet, Strand, and left my home about half-ps4t six in
company with two females and two gentlemen friends:
'ye were all going to the theatre, and in cros-,,ing the
Strand to get over by S'. Clement's Church we had the
misfortune t) stop into a heap t f mud a-rd sink into it
half way up our lege. When we gained the pavement
we naturally wish. d to shake it off as much as possible,
and while we were all enjoying the joke at having got
into such a mess the policeman come up and swore we
bad been exposing our persons. We replied if he wished
to charge us with such disgractful conduct we were
quite willing to w!cornpany him to Bar, -stre t to repel
Such charger. I deny that lam a prostitute. I have
been kept by a gentleman fur the last two 3 etre.
Mr. HENRY wished to know if she had any witnesses?
in which the prisoner replied—Certainly; and if you
will- •
, grant me a little time they shall ba here to prove the
truth,
statement.
CourtMr HENRY accordingly remanded the case, the
being fully convinced that the policeman had cer-
a'nlY been rather too hurried in pouncing upon the un-
lortunat?s the moment he saw their lege.
Robert Simpson, a letter-press printer, was charged
Wore Mr. Henry with breaking lamps in the street.
It appeared from the evidence of a police constable,
( the F division, that last night he was on duty in
Drury-lane, when his attert'on was attra-:ted by hearing
loud smash of glass, and on going to the spot where
the sound proceeced from, he found the prism er stand-
lag:o_cagainst the lamp-post, and the glass in the lamp
bl lr- He asked the prisorer who had destroyed the
fttnP, and he replied that he had. He asked the pri-
_lcner the cause, which he refused to tell, and said he
7ould inform the magistrate in the morning. The pri-
goner was than taken into cult. dr.
Alr. HENRY asked the prisoner what defence he bad to
cake, and he said be was compelled to do something,
he was starving. He wanted a night's shelter and
so
Me food.
• HENRY said he could have obtained what he rc
talsired if
he had applied to the workhcu'e. The pri
°ner answered that he did apply to the Holborn work
hituti" in Gray's Inn-lane, and they refused to as is

h° HENRY asked him where he had conic from, and
replied from Edinburgh, for the purpose of seekin
Plgl(lment, end was unable to obtain any. During thge
Fi t three weeks he had slept in a lodging-house in
e
HENRY told the prisoner, if he had applied at a
biasonabla hour at the workhouse they would have given
ol some relief.
4Mr- Kerby, the contractor for repairing the street
143 fir the parish of St. Giles's, said he suffered most
4e!y from persons breaking the lamps.
i_o fir' HENRY said ho had no doubt that the loss to the
';eotractorr, by persOns breaking the street lamps, must
obi very great. If persons required relict they had
44-43' to make their distress known to the proper quarter,
t'eY would obtain it immediately. He was deter •
--mea
e to pat an end to such practices, and fur the pre-
spent offence, he fined the prisoner 205., and in default of
ak,nl,ett to be committed for 14 days' imprisonment.
aid "e prisoner, of course, was unable to pay the fine,
gooses/ accordingly removed in the police-van, to the
of Correction.

RAILWAY RETURNS
it." 4
T MAFFIC.—The following are the Total Receipts of Rail-
riu,e,,`,r the past week—that is to say, up to the date. to which the
welu%uve returns are made, together with the receipts of the same
previous year :

a Week
A4',„ Z.:
eliding Last 1
NAME OF RAILWAY. week. F 4 `...1
t• b.
02.1
•••••••••••........
-- -----
..,_-....-.-..-.
Jan, ,
... £
£
45 •••••••••• ••
.2 Ab erdeen .. •• ••
• • • ••
• • 0
13 Amiens and Boulogne .••••••• • •• • • •• 1,877128 980
.12 Belfast and Ballymena ••••••• • • • ••
•.408 345
;3 Birkenhead, Lancashire, and Cheshire 781 €B6
13 Bolton, Blackburn, Clitheroe, and W. Y. 418 264
13 Bristol and Exeter .... •• • •••• "" " 3,014 -
6 Caledonian... . • . ..... 5,730 3,799
13 Chester and Holyhead ..... •.: :: .: ....., 1,035 1,051
10 Dublin and Drogheda.... •• ... •• " " 662 691
15 Dublin and Kingstown •• ••• • •
•• •• •• - 476 587
12 Diindee. Perth, and Aberdeen•• •• -•• 9r,5 847
13 East Anglian.- ... •• ... ........ 682 680
12 Edinburgh and Glasgow ...... .. 2,451 2,777
12 Edinburgh and Perth Eastern Counties and
1 .... ....... 2,224 1,678
6:s Nort ... Eastern.. 13,578 12.037
East Lancashire .• • • ......... 2,:551 1,929
13 Eastern Union...-. ••• • • •... 1,607 ,175
12 Glasgow, Kilmarnock, and Ayr ...... 2,367 2,260
12 Glasgow and Greenock.. ....... .... 837 702.
6 Great Northern and E. L........ ... 2,473 1,447
12 Great Southern and Western ........ 3,691 2,891
13 Great Western, Sc,e .. . .•
.. .• .. 15,513 15,518
13
9 Lancashire and Yorkshire .. ... • ... 10,532 9,145
Lancaster and Carlisle • • ..... • 2,744 1,634
664 196
13 Leeds and Thirsk •
.. .. • • • • • • •• • • " "
63 53
i 2 Liverpool, Crosby, and Southport •• ..
London and Ennisklen ... 127 10
13 r
,4:)ndonderry and North Western, &c..... 37,611 36,5319 13
12 London and Blackwall.• •••••• • • • • •• :45 327
C 669 6,193
London and Brighton . • •
-..... 7,566 7,425
13
~,, London and South Western .• •.
4,096 2,493
1,,,i, Manchester, Sheffield, and Lincolnshire
930
;34 I‘.ll.dland, Bristol, and Birmingham.. - 18,355 18,z0137
Midland Great Western (Irish) • • • • ••
1.2.. Menklands • •
• •
•• ••••• • • • • • 731 751
:4,, North British ••.••••••••• '• • • - • • •• 2,925 2,005
• 4,7.$ 4,7C1
12 Paris and ltouen .••••• • • • • •
•
13 P,..ouen and Ilavre .. ••••••• • • • • • ••
•• 11:903984 1'192
Scottish Central .. • • • • • • " " - • • - . •
12 r.
1, Scottish Midland ••• • • • 7......••• ............ 326 225
13 iibrewsgury and Chester
3411 1,231 1,253
12 Shropshire Union .. •.•• • • • ..... -• • 8,702 6,478
--
6 South Eastern and Branches •••• -..
12 1,401 1,231
1 660 1,712
12 Tarr Vale ......
- 745 724
.... Aster . ..... ..................
256
6 att.riord and Limerick.. -
i,, Whitehaven Junction ... •• ••• • ••• •" •" " 169 166
York and Newcastle .•••• •• " ''''•• 9,211 11,404
Y. rk and North Midland ..