The Sun.
London, England, 1850-03-06 00:00:00

LAW INTELLIGENCE.
HOUSE OF LOILDS, March
5.
TIM DUKE or ROXEURGIIE V. RAMSAY AND OTLIERS.
In this case the arguments had not been concluded
whew:the-J/oms rose, and the farther hearing was
ad i Qum& to Thursday.

ROLLS' COURT, illa: ch 5.
SOLOPIONS LAING.
This case having been already reported by this
journal, is familiar as to its facts to our readers. The
question raised was whether the directors of arailway
line had been justified in applying the funds of the
company to other objects than the objects specified in
their Act of incorporation, and in making calls upon
the shareholders for that limited object. The plain-
tiff applied, under these circumstances, to the court
for relief against the directors, and for an injunction
to restrain this misapplication of the general fund.
To this bill the defendant, the representative of the
railway company, had demurred.
Mr. Malina and Mr. Bovill were the counsel for
the defendant ; Mr. Turner and Mr. Cole for the
plaintiff.
The KivrElt of the Rom.s, in giving his judgment,
said there hid been cases cited by counsel which
might have etr'ct upon his ultimate decision. Into
those cases he certainly should and if those cases
should induce him to alter his opinion, the case might
be mentioned on Friday again, when his Lship
would state if his impression were altered. His Lord-
ship reviewed the facts of the case, and after remark•
ing that directors of a company thus incorporated
had no right to divert the funds of the subscribers to
the projected line of railway to any purpose but
those purposes strictly authorised by the Act of in-
corporation, overruled the demurrer.
The cause to be mentioned on Friday.

ASSIZE INTELLIurENCE.
OXFORD CIRCUIT, Abingdon, March 2.
There were only four Crown cases remaining for
trial this morning. Of two the details were unfit for
publication.
CROWN COURT.—(Before Mr. Baron PLATT.)
William Woods, 23, labourer, and Thomas
Beasley, 29, labourer, were indicted for feloniously
assaulting, on the night of the 2d of November, at
the Parish of Remenham, Thomas Penn, and Thomas
Neville. and cutting and wounding them.
Mr. Williams appeared for the prosecution, and
Mr. Carrington fur the defence.
The prosecutors were gamekeepers employed by a
gentleman who was not the owner or occupier of any
land, but merely rented the shooting over an estate in
the above parish, and on the night in question, they,
bearing a shot fired, and seeing the prisoners coming
immediately afterwards from the direction of one of
the preserves, went up to them and asked them what
they had been doing. The prisoners were at the
moment when the prosecutors spoke upon a public
footpath that crossed the estate, and their answers not
being satisfactory to the prosecutors, the latter at-
tempted to take a gun from one of them and arrest
both. This they resisted, and a severe struggle en-
sued, in which the gamekeepers were worsted, and
one of them (Neville) received a very severe blow on
the head. The defence was, that the prosecutors not
being duly authorised to act, for the person who em-
ployed them being a mere renter of a season's shoot-
ing had no authority to appoint them, they were not
invested with legal attributes of gamekeepers ; that
they therefore committed an unlawful assault ; and
that the prisoners had a right to resist them.
His LORDSHIP assented to this view, and they were
acquitted.
All the business of the assins was over at half-
past two o'clock.

NORTHERN CIRCUIT.—Durham, March 4.
CLOWN COURT.— (13 efore Mr. Baron ALDERSON.)
Francis Smith, Michael Cheetham, David Gell,
Richard Hall, James Maderall, and William Hobart,
were indicted for having, on the 18th day of October
last, at the parish of Laachester, feloniously cut and
wounded John Zachariah Connell, with intent to
maim, disfigure, and to do him grievous bodily harm.
Mr. Matthews and Mr. Bigge conducted the prose-
cution ; Mr. Otter defended the prisoners.
It appeared that about the autumn of last year con-
siderable disaffection existed in the mining districts,
and amongst others, the miners employed by the
Derwent Iron Company struck work. The prisoner
Francis Smith, who was one of the bound workmen,
and had engaged to serve the company from the Ist of
April, 1849, to the lst April, 1850, was one of the
delegates and ringleaders, and the company took out
a warrant for his apprehension, which they placed in
the hands of the prosecutor Connell, who was the
superintendent of a private police force, fur the
purpose of being executed. Having obtained the
assistance of a sergeant of the county con-
stabulary, Co'linat went in search of the prisoner,
and succeeded-tit' taking him at Redwell Hills
as he was getting, off a coach, which had arrived
from Netvcast; he being about to attend a meeting
of pitmen whiCh was assembled close by. Having
placed him in a carriage, the officers proceeded to
take him to the. nearest magistrate, but the mob, who
had assembled, having heard of his arrest, ran towards
the carriage. Smith gave a cough, and some one
said, "Is that thou, Frank ?" Upon which he re-
plied, " Yes, they, have taken me with a warrant."
Some one then cried out " Thou shalt not go," and
immediately the horse was seize, and the sergeant
of the county police was knocked out of the carriage
by a stone. Connell then drew his truncheon and
cried out, " The man is in our custody, and you
must mind what you are about." A general attack
on Connell then took place, Smith hit a violent blow
with a stick, Cheetham struck him on the head with
a shone and cut his head open, causing it to bleed
profusely ; others struck him with stones, and he was
for a time, completely stunded. Some of them cried
out, " Kill the —," and Smith cried out, " Why
are you not getting him down ?" to which one of the
crowd replied, "The has got a head like a
hull." At last they lef-, and released the sergeant of
the county police, whom some of them had been
holding, to prevent his rendering any assistance to
Connell, whose wounds were subsequently dressed by
a surgeon and found to be of a severe character.
Mr. 04rEtt addressed the jury fir the prisoners.
His Loansuir left it to the jury to say with what
intent the prisoners inflicted the wounds.
Verdict—Guilty of cutting with intent to do
grievous bodily harm.
His LORDSHIP then sentenced Smith, Gill, and
Hall, to six months' imprisonment, Hobart to seven
months, Cheetham to four mon hs, and Maderall to
four months.

WESTERN CI RCU IT—Winchester. March 5.
NISI PIOUS COURT.—(B9fore Mr. Jastlce ERLE
and a Sdecial Jury.)
TEWELL V. ETWA LL AND LITCHFIELD.

Mr. Crowder, Mr. Barstow, and Mr. Beetham
were council for the plaintiff; Mr. Cockburn, Mr.
Smirk, and Mr. Massey for the defendants.
This was an action of tropass, fir breaking and
entering the premises of the plantiff—to wit, a bone-
boiling house, and taking and saizing the goods and
chattels of the plaintiff, of great value. The defendants
pleaded amongst other pleas a justification under an
order of justices, made under the Nuisances Removal
Act, 11 and N Vic., c. 123, to abate a nuisance
after service of the order to remove it on the plaintiff;
they also pleaded a justification in entering to abate a
public nuisance, eminently dangerous to the health and
life of the neighbourhood. The plaintiff in this case
is a bone-boiler, tallow-merchant, and manure-maker;
and the present action was brought under the follow-
ing circum3tances:—ln Mty labt the plaintiff, who
had been a bone-boiler at Southampton, took premises
at Redbridge-lane, which is between Romsey and
Southampton, where he commenced the business of
bone-bailing. Mr. Etwall, one of the defendants, is
a magistrate of the county, and an ea-officio guardian
of the Romsey union. Mr. Litchfield is also a guardian
of the same union. This action was brought to re-
cover damages for the seizure of a quantity of bones
and liquor made on the premises of the plaintiff, and
principally to try, the question whether he could con-
tinue to carry on his.business. It appeared by the
evidence on thepartof the plaintiff, that owing to
some complaints-made by parties living near the fac-
tory, an application was made by two occupiers of
houses near, to the guardians of the Romsey union.
The premises were inspected by two surgeons ; and,
acting on their report, the guardians served the plain-
tiff,
with a notice to inspect under the Nuisances
Removal Act, n and 12 Victoria, cap. 123. lie
waa then summoned before the justices, and on the
6th of September the case was heard. Witnesses
were heard on both sides, when the justices ad-
judicated that it was proved to their satisfaction that
the premises of the plaintiff were kept in such a
filthy state as to be a nuisance injurious to the
lives of persons living in the neighbourhood, and that
upon such premises offal, filth, and refuse was kept,
and they ordered the plaintiff to abate such nuisance
by removing the cause of complaint, being the said
offal, filth, and refuse ; and if the order should not be
complied with by the plaintiff, they directed the
guardians to enter upon the premises, and to do all
matters, works, and things which might be necessary
in such manner as directed by the Act, to abate the
nuisance. This order was duly served on the plain-
tiff, but he continued the business of hone-boiling as
before. On the 12th of September, Mr. Etwall and
Mr. Litchfield went to the boiling-house of the plain-
tiff; and, acting under the order as guardians, and
taking all responsibility on themselves, they, with se-
veral mora-a,a_ assistants, emptied the copper of its
cont -which coasisted of bones, fat, horse-hoofs,
anCrustters of thaiLd" escription which were boiling
in„tha,tetiper' to-th6...value of about 151. ; this they
ilmoved andburied is a field in the neighbourhood.
This _was the trespasii.:complained or, far which the
aalon was brought; .
'F'4l: the plaintiff ,Arutnero witnesses were called
vstbij swt,re that jiii,-• gr, ri, hiatinSe -
of boookswaty4
_....,, rin which the business
....t-LE
-`tom)
uPuucted, no noisome etlitiv,ta i