The Sun.
London, England, 1844-01-12 00:00:00

NTE;LLIGE

LAW I

iNCE.

QUEEN'S BENCITI.-(THIS DAY.)
(Sittings in Banco.)
BIRD V. JONES.
The plaintiff in this case was an attorney, residing at Ham-
mersmith, and the defendant the secretary to the Hammer-
smith-Bridge Convany. The action was brought to recover
compensation for an alleged assault and false imprisonment.
The plaintiff, it appeared, was on Hammersmith-bridge on the
(lay of the Thames Regatta, and insisted on going within a
certain portion of the footpath which had been enclosed and let
out at 2s. 6d. per seat to persons to view the regatta. He went
over, and defendant followed him ; an altercation ensued,
which terminated in the defendant giving the plaintiff into
custody on a charge of assault. The Magistrate before whom
the case was heard. dismissed it, and the plaintiff then brought
his action. The care was tried before Lord Denman, at the
last sittings after term, and the verdict was for plaintiff,
damages 501.
Mr. THESIGER this morning moved for a rule to show cause
why the verdict should net be set aside, and a new trial had, on
the ground of misdirection of the Learned Judge.—Rule granted.
THE QUEEN V. ORIDISHAW.—QIIO WARRANTO.
'1 he SOLICITOR-GENERAL moved fur a rule calling on the
defendant to show cause why a quo warranto should not issue
1 calling upon him to show by what authority he claimed to ex-
ercise the office of Coroner of the borough of Wigan. It ap-
peared that, according to the Act of Parliament, the person
holding the office of Coroner was to hold it during good be-
haviour. In the year 1836, Mr. Rogerson had been appointed
Coroner by the Town-Council. In November, 1842, a change
had taken place in the Town-Council, and in consequence of
that change, the Council had removed Mr. Rogerson, and sub-
; statue(' Mr. Grimshaw in his place. Both these gentlemen
had continued tp exercise the office since November, 1842.
it was true that her Majesty had by letters patent granted a
Court of Quarter sessions to the borough of Wigan, but the
appointment of Mr. Rogerson had been made before the date
of that patent. Mr. Rogerson had been in office more than
six years, therefore no quo warranto could be obtained against
him, and he could not be removed except by a quo warranto.
nisi granted.
" CROWNER'S QUEST LAW"—THE QUEEN V. W. HANNON'
AND OTHERS.
Mr. PLATT moved for a rule nisi to quash an inquisition on
the body of Vs illiam Knott, on the following grounds—first,
1 that tl.e jury had signed a blank parchment. on which the
Ending had been subsequently written ; secondly, that the in-
-1 quest was stated in one part of the inquisition tohave been held
i on the body of Wm. Knott, and in another on that of Wm.
Knox : and thirdly, that in the inquisition it was stated that
the inquest had been held by &county Coroner, while the same
Tarty had signed the inluisition as " Deputy Coroner."
Rule granted.
(If this is to be taken as a specimen of the manner in which
Deputy Coroners conduct the public business, it is not surpris-
ing that they should be so anxious to exclude reporters, and to
report their proceedings themselves.)

BAIL COURT.-(THIS DAY.)
(Sittings in Banco before Mr. Justice WILLIAMS.)
THE QUEEN V. LORD GODOLPHIN AND ANOTHER, MAGIS-

TRATES OF TIIE COUNTY OF CAMBRIDGE.
Mr. GUNNING applied to the Court in this case for a man-
damus to compel the defendants to allow a certain rate to be
made for the relief of the poor of the parish of Cottenham, in
the county of Cambridge, on the Bth of DeCembar last. The
ground on woich the magistrates refused was, that the rate
was not signed by either of the churchwardens of the parish.
It appears that the churchwardens were appointed, but they
were not sworn in, nor was it usual to swear them in for the
last five or six years. Ile apprehended that the magistrates
could only arrive at the knowledge which induced them to re-
fuse the rate by judicial process, which this Court would not
allow.—Rule granted.

COMMON PLEAS.—(THIS DAY)
(Sittings in Banco.)
LACKINGTON V. HETHERINGTON.
'I his was an action by the assignees of a bankrupt to recover
the value of a quantity of deals purchased by the defendant
from the bankrupt since the issue of the fiat. Upon the trial
the facts were admttted, but the defendant having pleaded that
there was no bill of delivery, Mr. Justice Creswell, before
whom the cause was tried, held that this was fatal to the plain-
tiff's case, and accordingly directed a nonsuit to be entered,
subject to a motion to enter for the plaintiffs, should the Court
above differ from his Lordship's opinion.
Mr. Sergeant CHANNEL this day obtained a rule nisi to en-
ter for the plaintiffs in damages 2501.
JOHNSON AND ANOTHER V. EVANS AND OTHERS.
This was an action brought by the assignee of a bankrupt
against the Sheriffs of London and their officer, for illegal
seizure and wrongful appropriation of goods in the possession of
the bankrupt, but legally the property of the assignees and pe-
titioning creditor. The verdict was for the plaintiffs, and last
term Mr. Sergeant Bompas obtained a rule nisi for a new trial,
against which Mr. Sergeant Byles showed cause, when the
further argument was postponed to the present term.
Mr. Sergeant BOMPAS this day replied in support of the
rule, and their Lordships took time to consider judgment. The
Learned Sergeant's argument was confined entirely to the legal
points, and scarcely touched upon the facts of the case, which
were fully reported last term. •

PO LICE INTELLIGENCE

CLERKENWELL—(THIS DAY.)
A cabman, named Hurley, was charged with the following
outrageous conduct :
It appeared, from the evidence, that, on the previous night,
the prisoner violently assaulted a man, named Bodkin, in
Compton-place, for which he was given into custody. On
his way to the station, and while in the charge-room, he struck
the constable who held him, 30 E, a violent blow on the face,
and pulled the hair out of his head. The officer called for
help, and 99 E came to his assistance. When the prisoner saw
the-latter officer he rushed upon him, felle-: him to the ground,
andi kicked him in the face, causing several marks of violence.
At length he was secured and removed to the cell.
Sergeant Lester, 10 E, said he never witnessed more violence
by any person. He kicked at the cell door, and continued
doing so until three o'clock in the morning, alarming not only
the other prisoners but the whole of the neighbourhood, from
the reverberation of the echoes.
The prisoner not being able to pay any fine, was sentenced
by Mr. Combe to seven days' imprisonment in the House of
Correction.

MARLBOROUGH-STREET.
(THIS DAY.)
Thomas Sergeant, a man about forty years of age, of very
respectable appearance, was charged with robbing his em-
ployers. For between seven and eight years past the prisoner
had been in the employ of Messrs. Tuckers, Smith, and Co., of
18, South Audley -street, Grosvenor-square, and at Kensington,
wax tallow-chandlers, as confidential clerk. For a very con-
siderable time past the firm had been convinced that they were
from time to time being robbed of money from the till to a very
considerable amount ; but as several of the servants had access
to it, they were at a loss wham in particular to suspect, the in-
tegrity of the prisoner being in their estimation beyond sus-
picion, between 70 •-• and 80,000/. passing through his hands
yearly. Latterly, however, circumstances transpired which
induced a strict observance of the prisoner's movements, and
yesterday evening, between five and six o'clock, three marked
sovereigns and 40s. in silver were placed in the till, at the
time when no one but the prisoner was in the shop.
Police-constable, No. 179 of the A division, who
was placed on the watch, saw the prisoner take some money
from the till, and put it into his pocket, and presently after-
wards it was ascertained that one sovereign and 18s., of the
marked money were raiising. To account for this deficiency,
the prisoner had made a false entry in the day-book, as having
purchased wax pieces and scrapings to that amount; and this
system the firm had since ascertained, he has been carrying
on for a very considerable period, on some days making false
entries of the purchase of goods to between 3/. and 41., and
taking the amount cut of the till. The extent to which the
firm had been sufferers it was impossible to discover. On
the prisoner being questioned by Mr Smith, one of the firm, as
to the purchase he alleged he had made that evening, he re-
plied, You seem to know all about it, I shall say nothing."
On being searched the marked money was found in his posses-
sion, and also a cheque for .i7l. 10s., two 51. Bank of England
notes, one sovereign and a half in gold, gold watch, appen-
dages, &c.
"He was remanded until Thursday next, to allow time to
bring forward other charges against hiaa.

UNION HALL.-(THIS DAY.)
John Brown, the driver of a cab, was charged with stealing
a trunk, containing valuable properly of Miss Smith, of Bruns-
wick • square.
The complainant engaged a cab at the terminus of the Great
Western Railway, in which she placed her luggage, consisting
of three trunks, containing valuable property. On alighting at
her residence two of the trunks were delivered, but the third
was driven away with by the cabman. The complainant un-
fortunately did not take the number of the cab, but from the
description given of it, as well as that of the driver, the pri-
soner was taken into custody. The complainant added, that
the voice of the prisoner resembled that of the man who drove
the vehicle.
The prisoner, however, denied the accusation ; but admitted
.he was engaged at the above terminus.
Mr. CarriNcriesi said he should remand the prisoner, but
would take bail—himself in 401., arid two sureties of 201. each.

BROTHERLY OVE.—None but vain coxcombs,
fools, and rogues read, or patronize the Morning Post.—

Standard. -
SERIOUS ACCIDENT.—Yesterday afternoon, about
five o'clock, as r gentleman, named Welland, residing at Hamp-
stead, was driving in his cab along the Hampstead-road, ac-
companied by a you'll lady whom we understood to be his
daughter, the horse, a high-spirited animal, took fright at a
parcel of boys dressed up as Christatas mummers, and started
off with terrific speed in the direction of Hampstead, and Mr.
Welland having lost all command over the horse, in passing
a coal waggon the off-wheel of the cab ran with fearful v o•
lence against it, precipitating Mr. Welland aim his daughter to
the ground. Mr. Welland fortunately escaped with a few
slight bruises; but the young lady received such severe in-
juries, that it is extremely doubtful whether she will survive.
She was picked up insen-ible, and, together with her father,
conveyed home in a street. cab. The horse, a most vatuahle
one, was fortunately stopped uninjured a few 3ards from where
the accident tools place, but the cab was literally dashed to atoms.
METROrOLITAN IMPROVEMENTS.--• Yesterda at, in
consequence of an order from the Commissioners of Woods and
Forests, the remaining houses in Upper St. Martin's-lane,
which are on the line of street leading from Coventry-street to
Holborn, were sold by auction. There remain now but few
houses to be disposed of for the comple ion of the improve-
ments iti this part of the metropolis. These are situated at
the top of Great St. Andrew's-street, Seven-dials, and at the
south of the houses on the lower side of Sydney's-alley, which,
when removed, will form the opening from Coventry-street.
The whole of the houses south of Cranhourne-alley have been
cleared away. In a few months, therefore, the thoroughfare of
the new street might be formed. A new sewer is to be built upon
part of the line, which will communicate with the sewer in the
course of erection at the top of St. Martin's-lane.
TESTIMONIAL TO THE REV. DAVID LAING, M.A.,
CHAPLAIN OF ST. ANN'S SOClETY.—Yesterday a meeting
of the subscribers to the testimonial to the Rev. David Laing,
M.A., Honorary Secretary to the St. Ann's Society, took
place at Messrs. Jacks-in and Graham's Rooms, Oxford-street.
Several clergy men and gentlemen, with their families, were
prawnt. His Grace the Archbishop of Canterbury was in the
chair. The testimonial consisted of an elegant bookcase, made
of bird's-eye maple, with cornices richly carved, and the in-
scription engraved on the centre panels of the upper compart-
ments, which are formed of silvered glass : the panels of the
lower doors and pilastres being elaborately carved in the
renaissance style, and the whole manufactured by Messrs.
Jackson and Graham. A highly chased gold snuff-box was also
presented to the Rev. Gentleman. The value of the testimo-
nial was stated to be 150 guineas.
DEATH OF MAJOR-GENERAL JOHNSTONE, C.B.—
This gallant officer died on Sunday last. He was son of
Samuel Johnstone, Esq., of Carnsalloch, Dumfriesshire, by the
only daughter of the fifth Lot* Napier, and brother to the Right
Hon. Sir A. Johnstone. His commission f Major-General
(local rank) bore date the 25th of June, 1836—the Coronation
Brevet.