The Sun.
London, England, 1850-11-11 00:00:00

CARA V. COLE.

This was an action of trespass to recover a compensa-
tion
in damages for the injuries alleged to he sustained
by one tiosetta Carr, an infant suing by her next friend,
who was run over by the defendant's cart. The plaintiff
was nonsuited on the trial, and in the course of last week
Mr. Hawkins, on the part of the plaintiff, moved for a
rule nisi to set aside the nonsuit and enter a verdict for
101. damages. The Court took time to consider their
decision.
inrd CAMPBELL this morning said he was of opinion
that the rule should be refused. The ground on TA hich
the Court proceeded was that the action was one of tres-
pass on the ease, and that the plea of not guilty raised
the issue as to whether there was negligence or not on
the part of the defendant, and as the jury found that
there no negligence,
the Court were of opinion that the
verdict ought not to be disturbed.
Rule refused accordingly.

BAIL COURT.—(THIS DAY.)
(Sittings in Bithee, before Mr. Justice PATTESON.)

GRAY V. MANNINGSLY.
Mr. CLEASBY was instructed, on behalf of Mr. Gray,
to move for leave to file articles of peace against a gen-
tleman named Manningsly. Mr. Gray, who was in
court, was formerly a cotton-spinner at Glasgow, re-
ceiving a considerable income from his business, and
Mr. Manningsly was a woollen cloth merchant, at Hud-
dersfield. At the beginning of this year, there having
been previous transactions between them, Mr. Gray was
induced to enter into a verbal agreement el partnership

with Mr. Manningsly, and he gave up a business yielding
between 5,000/. and 6,000/. to do so, in the month of
April last. From that time ho continued to attend at the
counting-house and warehouse of the partnership, in
Huddersfield, until the occurrence now complained of. It
appears that some dispute arose between the parties
in October, and on a day towards the latter
end of that month, while Mr. Gray was
in the counting-house, his partner came up
to him and asked him what he wanted there? lie
replied. " What do you suppose I want?" and there-
upon Mr. Manningsly ordered him to leave the premises,
which he refused to do. Mr. Manningsly then called in
the assistance of his brother and clerk, and forcibly
dragging him away thrust him out, and threw him down
stairs. His head struck forcibly againt the wall, while
his hat was completely crushed by the blow, and had the
staircase not been a twisted one, it was impossible to say
what would have been the consequencoF. Not content
with doing him this injury, Mr. Manningsly followed him
down stairs, and told him that if he caught him there
again he would kick his soul to h—. Mr. Gray applied
to the local magistracy to hold his partner to bail, but
they declined to interfere, and he had, therefore, been
compelled to come to this court for protection.
Mr. Justice PATTESON observed, that the party did not
swear that he believed his life was in danger, or that he
went in fear of personal violence.

CLEASBY said he did not, he only went the
length of swearing thut he apprehended danger if he
went upon the premises to attend to his business, as his
partner was a powerful man of a violent temper. ills
Lordship would perceive from the affidavit that his
means of subsistence depended upon the partnership
business.

Mr. Justice PATTESON—The question is whether I
ought to give relief on that ground.
Mr. CLEASBY said what he submitted was this,
although his client did not go generally in fear of
violence, although Mr. Manningsly was not in search of
him or going about to find him for the purpose of in-
flicting injury on him, yet that was no reason whatever
for refusing this application, because his partner kept
him iu such terror that he could not attend to his daily
avocations.

Mr. Jestice PATTESON was not aware of any similar
case. He has no reason to apprehend danger except he
goes upon the premises.
Mr. CLEASBY pointed out to his Lordship that it was
necessary for him to go there to look after his own in-
terest, and prevent the partnership property from being
made away with, or the partnership debts being paid.
If he had no right to be there he ought to be turned out
peacab:y end in a legal manner.
Mr. Justice PATTESON—He will have to go on the
other side of the Hall to settle the partnership dispute.
I think, as he is prevented by threats of serious personal
injury from attending to his business, the case comes
within the principle upon which the Court interferes.
You may therefore take an attachment to hold the gen-
tleman to bail for 12 months, himself in 4001., and two
sureties in 2001.
Application granted.

rim UNITED STATES.

ARRIVAL OF THE AMERICA.
LIVERPOOL, SUNDAY EVENING.

The British and North American Royal Mail
steam-ship America, Captain Sharman, passed Holy-
head at a very early hour this morning, and arrived
here about mid-day.
This fine vessel left Boston on the 30th ult., made
the fortnightly call at Halifax on the 2d, and brings
from 60 to 70 passengers. The news is not important
so far as the United States are concerned.
The advices from Mexico, however, are important
to the commercial world. The state of financial
affairs in that
_country was so disastrous that the Fi-
nance Minister felt himself compelled to announce
his determination of suspending payments, unless he
were authorised to draw upon the one and a half
million of dollars which still remained of the American

indemnity.
From Port-au-Prince we learn that the Domini
cans were resorting to the strongest possible measures
in order to repel the threatened invasion of the Haytian
people.
Advices from Havannah do not speak encou-
ragingly of the affairs of Cuba. The island had been
thrown again into ferment by fresh reports of an in.

vasion.
The Canadian intelligence does not possess a feature
worth extracting.
From our United States news we learn that the
Fugitive Slave Bill was more unpopular than ever.
The greatest obstacles were thrown in the way of those
of the authorities who were resolute in the carrying
out of its provisions.