The Sun.
London, England, 1844-11-14 00:00:00

COMMON PLEAS.-(THIS DAY.)

NEWTON V. SHERIFF OF GLOUCESTER.
This was an action for illegal arrest and forcible
entry. It was one of several cases arising cut of certain
family differences, with the particulars of which the
public must be by this time quite sufficiently familiar.
The trial took place in this Court before the Lord Chief
Justice at the sittings of the last term, when the verdict
was for the plaintiff, with damages 50/.
Mr. Sergeant TALFOURD obtained a rule to arrest
judgment.
This day Mr. Newton, in person, showed cause
against that rule, and addressed the Court at great
length, observing, amongst other matters, that it had
been asserted to his injury by the other side, that he
was in destitute circumstances, whereas the fact was,
that in two months of the last vacation his fees amounted
to <lO4
The COURT decided to enlarge the rule for one week,
to wait the issue of other proceedings pending in the
Queen's Bench.
WILKINSON V. LORD LICHFIELD.
This was an action upon a bill of exchange for 1,200/.,
the defence being that the noble defendant had not made
the bill, and bad not endorsed it. Tho verdict was for
the plaintiff.
Mr. Sergeant MANNING, for the defendant, subsequently
obtained a conditional rule for a new trial, on the ground
that the verdict was against evidence, the Hon. Col. An-
son, brother of the defendant, and other persons, amongst
whom were Mr. Stevens, his Lordship's secretary, when
Postmaster-General, and also the Inspector of Franks—
all well acquainted with Lord Lichfield's handwriting—
having sworn that they did not believe the signature in
the indorsement to be his. The Learned Sergeant, at
that time, further urged that the plaintiff had not shown
in what manner the bill came into possession ; whereas,
if his case were a good one, he could have called Mrs.
Margaret Edmonds, from whom it was alleged to have
been received.
Mr. Sergeant SHEA this day showed cause against
the rule. With respect to the handwriting of the
defendant, he contended that the evidence of the cashier
to Messrs. Stevenson and Salt, who had been his Lord-
ship's bankers for thirty years, ought to outweigh the
evidence offered to support the charge of forgery. That
witness held a place of high responsibility, in which it
was part of his most important duties to make himself
acquainted as well as possible with Lord Lichfield's
handwriting. As to the calling of Mrs. Edmonds, ho
contended that it was not incumbent on the plaintiff to
call her. On the contrary, she would be rather a wit-
ness for the defence if the other side relied on their own
case. That lady, as it appeared from some remarkable
proceedings in the Court of Bankruptcy, kept a house
of play in St. James's-place ; and from the
nature of other transactions, it was not very improbable
to suppose that a nobleman of great wealth
litl.AuLE—lt did not appear that Lord
.1 a jul frequented
Justiceue n t e d
iN
Lichfield was possessed of great wealth.
Mr. Sergeant SHEA—IIe kept a large establishment in
the most expensive part of the metropolis.
Mr. Justice Maxus—That is sometimes done without
great wealth.
Mr. Sergeant SifrA. submitted that there seemed no
improbability in supposing that his Lordship might have
made and endorsed the bill in Mrs. Edmonds's house, under
circumstances which would account for his forgetting
afterwards that he had done so. Nor was it at all extra-
ordinary that the plaintiff should, without hesitation,
receive and discount the bill in question, endorsed by a
nobleman holding so high a post under her Majesty's
Government as that of Postmaster-General. He trusted
their Lordships would discharge the rule.
Mr. Sergeant MANNING replied briefly, and
The LORD CHIEF JUSTICE said the Court were of
vpiniLa, that the plaintiff' had not put to the jury all the
evidence which he ought to have given, and that it would
be well to give the case a rehearing, upon the usual
condition, the payment by the defendant of the costs of
the previous trial and of this application.—Rule accord-
ingly made absolute.

ADMIRALTY CO URT-(THIS DAY)
Dr. Lushington presided in this Court to-day for the
hearing of cases of salvage and collision. The Masters
of the Trinity House sat upon the bench with ,the
Learned Doctor, for the purpose of deciding upon the
nautical technicalities and manoeuvres.

COLLISION.-THE LATONA.
This was a suit brought by Thomas Richardson, the
master and owner of the brig Latona, of Newcastle, 152
tons burden, against the owners of a west country vessel,
called the Anne, to recover compensation for damage
sustained by his vessel, in consequence of a collision with
the Anne, which was alleged to have been caused by the
unskilful and unseamanlike conduct of the master and
crew of that vessel.
It appeared from the affidavits which were read on
both sides, that on the 19th of March, 1844, the Latona
was proceeding in ballast to Newcastle, and when about
five miles off the coast of Suffolk, the wind at the time
being north eastward, she perceived the Anne approach-
ing her nearly upon the same tack. The man at the
helm of the Latona tried to put her about, but failing
in this, and seeing they could not cross the Anne—both
vessels going at the rate of about four knots an
hour—the crew was ordered to let all sails aback, that
the collision might be lessened. This was done, and the
captain alleged that his vessel made very little way when
the two vessels struck each other.

On the part of the owners of the Anne, it was urged
that, at the time the collision took place, the sails of the
Latona were full ; that the Anne, on seeing the other
vessel bearing upon her, put her helm up, to run off from
the wind, and that the Latona did the same, and tried to
cross her. The Anne was a west country vessel, of
much less burthen than the Latona, and it was well
known that there was a strong feeling of rivalry between
the Newcastle masters and those of the west country,
and it was alleged that the collision arose solely from
the captain of the Lat.= trying to outvie the Anne in
manceuvering.

Dr.LUSHINGTON, having recapitulated the evidence to
the Trinity Masters, said it was solely a question fpr
them to decide, as it was one entirely of seamanship.
The Trinity Masters, after a short consultation, de-
cided that the Anne was right in keeping to the wind-

ward, and that the Latona was wrong in attempting to
run across her.

SHERIFFS' COURT.-(THIS DAY.)
(Before Mr. Under-Sheriff KENNEDY and a Common:Jury.
RENDALE V. WIIITE.—IMPORTANT TO PARTIES BRING-
ING ACTIONS.

This was an action brought by the plaintiff, who is a
tailor, against the defendant, to recover the costs in-
curred in an action for debt which he had brought
against the defendant.
In October, 1842, the defendant's father died, and the
plaintiff supplied him with a suit of mourning, in
order that he might appear at the funeral, and pay re-
spect to his father's memory. The defendant paid only a,
portion of the bill, leaving a balance of 31. 95., for the re-
covery of which a writ was issued on the 20th and served
on the 22d of January last, and on the same evening the
defendant's solicitor paid 3i. 9s. to the plaintiff, whogave
a receipt in full for the debt, at the same time stating
that he would see his solicitor and arrange the matter
with him. The action was, therefore, for the costs
incurred.

Mr. CHARNOCK, who appeared for the defendant, con-
tended that he was not liable for the costs, and cited
several cases from the books in support of his view of
the case.

The UNDER-SRERRIFF having summed up the evi-
dence, the jury after a considerable deliberation, returned
a verdict for the defendant.

BANKRUPTCY.-(THIS DAY.)
A very considerable number of cases were put down
this day for hearing, but none of them contained any
feature of public interest.

BOW-STREET.-(THIS DAY.)
Robert HattNho keeps a coffee-shop in Drury-lane,
was brought up in custody, charged with violently
assaulting William Smith.
The complainant, who appeared in Court with a
frightful cut on his eye, stated that the defendant came
to the Craven Head, Drury-lane, last night, and called
witness out, and immediately commenced beating him,
whereby his face had been so severely injured.
The defendant, in a highly excited state, said, in his
defence, that the complainant had, for some time past,
been endeavouring to seduce his (defendant's) daughter.
Hearing of the attempts, ho went to the Craven Head
last night, where he heard the defendant was, and
accused him with his dishonourable conduct. The com-
plainant admitted that he had attempted to seduce the
young woman, and said he would yet succeed in doing
Ujpcn
.apthiwisrihe
:.i(ddehfoenodoatinidt)skymnopc,iktehdis letimwidthowa fan.
Mi. ther's
feelings under such circumstances, but still persons must
not be allowed to take the law into their own hands.
He must, therefore, fine the defendant 31, or, in default
of payment, commit him for three weeks.
The defendant was locked up.

MARLBOROUGH-STREET.
(THIS DAY.)
An Italian boy was placed at the bar on the following
charge :
A clerk to Mr. Garrard, of Suffolk-street, Pall-mall
solicitor, stated that about half-past four o'clock yester-,
day afternoon, the defendant came opposite to Mr. Gar-
rard's door with an organ, and commenced playing.
Mr. Garrard feeling this to be much annoyonce and in-
terruption to him in his business, desired the defendant
to go away, but he refused, and continued playing for
upwards of ten minutes. He was then given into charge
of the police.
Mr. HAnnwicx said that no doubt but the street
music was, in many cases,.avery great nuisance, and the
defendant should at least have moved on when he was
desired. He should, therefore, fine him five shillings, or
five days' imprisonment and hard labour.
The defendant said he had no money, and begged hard
to be forgiven.

Mr. llAnDwicK was, however, inexorable, and the boy
was accordingly sent to prison.

LLOYD'S SHIPPING.—(THIS DAY.)
LONDON, Nov. 14. There was a slight fall of rain this
morning between 8 and 9 A.M. It is now blowing fresh
from S. to S.W., and cloudy.
DEAL, Nov. 13, P.M.--Wind N.W. to W., strong and
squally.—Arrd. Patna, St. Vincent, Silurian, Marmion,
Wilton Castle, and Fortitude, Quebec.
FALMOUTH, Nov. 13.—Wind W.S.W., violent gale
and squally.—Arrd. Montrose, steamer, Wilson, Con-
stantinople ; left 22d ult., Smyrna 25th, Athens 26th,
Malta 30th, Gibraltar 6th inst.
RAMSGATE, NOV. 13.—Arrd. Ilzarde, lluffington, New
Orleans for London.
PENZANCE, Nov. 12.—Arrd. Triton, Wakeham, St.
John's, New Brunswick.
TORBAY, Nov. 12—Arrd. Margaret, London for Tri
mad, driven back from the Eddystone ; Florence, Lon.
don for Madeira ; both vessels having experienced
very stormy weather, with wind from S.S.E. to S.W.
PLYMOUTH, Nov. 13.—Wind S.W.—Arrd. Lochlibo,
Quebec; John Pine, Morice, Ichaboe, with loss of sails,
and other damage.
SCILLY, Nov. 14.—Arrd. the Belle, Bayonne, with
damage. 15. Genevive, Porto Pico, from Havre, assisted
into St. Mary's Roads, with loss of rudder, sails, boats,
&c. The Ocean, trvm Ichaboe to London, put back 9th
inst., leaky, and the creye refusing to proceed.
BaisToL, Nov. 13.—Arrd. George, Roberts, St. Vin-
cent ; Indus, Quebec. The Nora Creina, from Smyrna,
in King's Road, performing quarantine, was run into by
the George, from St. Vincent, and sunk last night during
a heavy gale at S.S.E. Vessel and cargo totally lost,
crew saved.
PORT TALBOT, Nov. 13.—During a heavy gale from
N.W. on the night of 11th inst. the Economist, of Cork,
in making the harbour went ashore on the north side,
but was got off last night, after discharging her cargo.
CLYDE, Nov. 11.--Arrd. Papineau, Campbell, Mon-
treal. 14. Lord Glenelg, Ichaboe ; Cherokee, Brown,
Dcmersra. Sld. 11. Monticello, New York; 12. Phoenix,
Ichaboe.

DUBLIN, Nov. 12.—Arrd. Mary Jane, Mason, Prince
Edward Island.
KINGS TOWN, Nov. 12.—Arrd. Sir James M'Donald,
Evans, Quebec.
BELFAST, Nov. 12.—Arrd. Robert Kerr, Maxwell,
Quebec.
GREENOCK, Nov. 12.—A very heavy gale at N.W.
was experienced last night in the south channel by the
Chewhee, in the Downs.
HULL, Nov. 13.—The Sarah Ann, Brady, from Goth-
land, which was ashore near Cawdon, was driven out to
sea this morning; her cargo is drifting all along the coast,
from 90 to 100 tons have been saved.
YARMOUTH, Nov. 13.—A large French brig, name
unknown, is ashore on the Scroby Sand. The Harry
Berners, Jaques, of and for Newhaven, from Sunder-
land, was in contact with the Wadale, of North Shields,
to. day, lost bowsprit.
LIVERPOOL, Nov. 13.- -Wind IV., moderate.—Arrd.
Dryad, Mansen, Singapore ; Thistle, and Westmoreland,
Bombay ; Lady Raffles, Ichabee ; Mandarin, and Glen-
tanner Brock, Valpariaso ; Isabella, Herbert. Buenos
Ayres ; Jamaica, Bahia ; Eliza Johnson, Petrie, Per-
nambuco • Sir John Beresfurd, Paraiba ; Lydia, Macao;
Ellen Jenkinson, Africa ; Wanderer, Hind, St. Lucia ;
Commando, Hodge, and Republic, New Orleans ; Am-
bassador, Knight, Charleston; Union, Chieftain, Eagle,
Hero of Acre, Mabaica, Margaret, Pallas, Sir Henry Pot-
tinger, Sir Charles Napier, and Victory, Quebec ; Rover,
Howley, Newfoundland; Rochester, New York (26th ult.).
The Indian Chief, M4Cartney, hence to Quebec, was driven
ashore at Cape Rosia, sth ult., crew saved. The Walter,
hence to Philadelphia, went ashore near Henlopen light,
21st ult., cargo expected to be saved. A large ship was
seen at anchor inside Carysford Reef, 12th ult., with
wreckers alongside.
WEXFORD, Nov. 12.—About 250 bales and cases
landed from the James Matheson.
BALLINA, Nov. 12.—The schooner Suffolk Hero, from
London to Sligo, with a general cargo was driven ashore
during the night of 10th instant below Killala, and has
become a total wreck, crew saved (with a few chests tea
saturated with sea water). The Europe, of Dun lee,
from Havre to Liverpool, is totally lost on the west side
of Downpatrick Head.
WARK WORTH, Nov. 12.—The schooner Apollo, of
Montrose, from Sunderland, got ashore on the Bulinco
Rocks during the tight of the 11th instant, and is ex-
pected to become a total wreck ; crew saved. The brig
Iris, of Whitby, ashore at same place, 3d inst., has be-
come a wreck.
YARMOUTH, Nov. 12.—The Blues, Steel, of and for
London, from Middlesborough, was in enntuot with a
brig, off the Race Bank, yesterday morning, and was
abandoned in a sinking state ; crew saved. 13. The
Eleanor, Douglas, of and from Sunderland for London,
struck on the Scroby Sand this morning, and has become
a wreck.
HOLYHEAD, Nov. 11.—The Eclipse, Cook, from
Ipswich to Liverpool, sunk in the harbour, has been got
afloat, and hauled on the Hard.
GooLE, Nov. 12.—The Pilot, Pepper, from Maldon to
this port, was wrecked on WhittOn Sand yesterday morn-
ing, crew saved.
NEWPORT (PEMBROKE), NOY. 11.—It commenced
blowing a heavy gale from the westward last night, and
continued till morning, when it partially abated.
ALDBOROUGH, Nov. 12.—The Eliza, of Goole, ashore
below Thorp Ness Point, has been got off, and proceeded
for that port.
CORR, Nov. 11.—Sld. Mary Duncan, New Orleans.
CORK, Nov. 11.—Quantities of detached wreck, hull,
and spars, were passed in lat. 49, lon. 17, by the Glen-
tanner, from Valparaiso.
Calm, Nov. 11.—The Orator, Tait, from Callao or
Bolivia, for this port, was to leave Valparaiso about
Aug. 15, where she had been repairing, and had after-
wards reshipped her cargo.

PUGlLlSAL—Yosterday the affair between Collis
and Johnson was settled in Pluinstead marshes. These
men were matched for ten pounds aside—their fighting
weight not to exceed ten stone each. The combatants,
with their respective friends and seconds, having arrived
at the selected locality, the usual preliminaries were at%
ranged, and the fight was commenced with much earnest-
ness. At the twelfth round Collis received a blow from his
opponent which told heavily—time was called and
Johnson came to the scratch—Collis made an attempt,
and nature refusing to assist him, the contest was relin-
guished, anJ Johnson was declared the winner. The
fight lasted one hour and thiwty,tbree minutes,
THE ROWLAND HILL TESTIMONIAL.—Never was a
testiraoni4l better merited than this; and if all who have
benefited by the penny poatage; obtained through Mr,
Hill's exertions, were to contribute their inites, the tea-
tirronial would be worthy of its object. The subscrip- •
tion list is about to close. In this town a list was opened,
under the direction of the Chamber of Commerce ; and
as many have not contributed, a collector has been ap-
pointed to go round with a list. Let every one contri-
bute, whether much or little—whether pound or penny.
EYen tile *14411545t 01e way be fittingly cast into the
treasury, when the object 'of the antribution 4.4 thi,
Author of the penny postage,—NPrthern Whig,