The Sun.
London, England, 1844-04-29 00:00:00

EX PARTE JOHN BIRD AND OTFIERS--HAREAR CORPUS.

The parties in this case were five colliers, who had been
committed to Leicester Gaol by Mr. Abney, a Magistrate of
the County, for having neglected their work. A habeas corpus
had been obtained, and the gaoler had made his return
which came on for argument this day.
Mr. BODKIN, in contending that the prisoners ought to be
discharged, drew the attention of the Court to the return
made by the gaoler. He returned that he detained them by
virtue of two warrants delivered to him on April 8, authoris-
ing him to detain them for three months, and on two other
warrants delivered to him on April 15th, but dated the Bth,
convicting them of the same offence. Now it was evident
that the magistrate having discovered that his first warrants
were bad had endeavoured to amend them. In these second
warrants reference was made to a conviction, which convic-
tion must be considered to be the first warrants, which as
convictions were bad.
Mr. WiirrEntais-r, who supported the action, admitted
that the first warrants were bad as convictions.

BODKIN contended further that the second warrants
were bad, inasmuch as although dated the Bth of April,
they were not delivered to the gaoler until the 15th, and
that they authorised the gaoler to detain the prisoners for
three months, without stating from the date of the warrant,
for an offence for which the prisoners had already been
in prison seven days, and therefore they committed
the prisoners for seven days more than the magistrate
had any right to commit them for. The taking also under
the first warrants was illegal, inasmuch as they convicted
the parties of several offences in the same warrant, and there-
fore the prisoners were entitled to their discharge.
Mr. FRY followed on the same side.
Mr. WRITEUURST, in support of the return, contended-
that the gaoler, having returned a good warrant, of commit-
ment, dated April 8, for three months, that was quite suffi-
cient, and that the Court would not notice the bad warrant
which had been returned with the good cne.
Lord DENIVLIN interrupted the Learned Counsel, in the
course of his argument. The Court was clearly-of • opinion
that the return was a good one. The defendants were in
custody upon a valid warrant, and must, therefore be re-
manded, and the rule discharged.—Rule discharged.

BAIL COURT.—(THIS DAY.)
(Sittings at Nisi Prim before Mr .filstiClit-COT PDIDGE.)
FORD v. DAVIS. •
In this case Mr. Crowder and Mr. Petersdorff'appeared for
the plaintiff, and illr.;Platt and another Learned Counsel for
the defendant.

•It wais'an action brought by the plaintiff to recover da-
mages from,the defendant for slanderous language, affecting
plaintiff's character. Ford was foreman in the employ of
Mr. Northwood, an upholsterer and carver and gilder in Ox-
ford-street.; and on the From
of hil premises the de-
fendant had, a forge. From this forge smoke, dust, and
dirt came in such quantities, owing, as asserted, to Davis's
neglect, as seriously to inconvenience Northwood, and in-
jure his property. On the 22d of November, in Alto
Agal year, the.plaintiff Find =weaned to,defendtuit of,-fhb

- .
nuisance, when the answer to the remonstrance was liatul."„
'
but coarse abuse. A short time after, Mr. Northwood 'ATI!.
self went to Davis to remonstrate, when he said (the plahlt,.
being within hearing), " It's all that foreman of yours,";
is robbing you every day and every hour, and I can Pro
it." The plaintiff, hearing this accusation, immediate)
came down to where his master and the defendant were ie
col?" ,
versing, on which defendant said, " It is you, you are a th
and a robber, and have been robbing your employer ever/
day and every hour, and I can prove it." On the -following
day the plaintiff went to an attorney, and instructed him to
write to the defendant, stating that proceedings at law WOW
be commenced against him, unless he retracted the charge
he had made the day previously, and gave an aPOI4Y
writing for his conduct. The letter also stated that the
°
was no wish to put him (Davis) to expense, if he chose to
avail himself of the opportunity then offered, of retractinghig
calumnious assertions. Of this letter no notice was tail
for nearly a month, in consequence of which, on the 19th S.
December, the plaintiff's lawyer wrote again to the defend.
ant, stating that , unless the required apology wall
once made, and the sum of 11. 6s. Bd., the law exPcl37
paid, a writ would issue without any further delay. ?c.;
notice was taken of this second application, and the plaint
therefore sought in this Court for the justice which Ylr--
denied to him out of it.
The slanderous words were proved by the plainti.,.°3
master, Mr. Northwood, and by another person who QV"-
heard the conversation.
Mr. Platt was opening the case for the defendant, Wh'9B,,e,
plea was a general one of Not Guilty, when our rePort
dispatched from the Court.

EXCHEQUER COURT-THIS PAL '
The Court took the special paper to-day. In the
that came before their Lordships the arguments were Pui`.A
technical on points °flaw, as is usually the caw on sPecuisr
paper day. They therefore do not call for any 'Artie
notice.

MARLBOROUGH-STREET.
(THIS DAY.)
FASRIONABLE PICKPOCKET.-24fichael Richardson, A very
stylishly dressed young man, was placed at the bar on t °
following charge. Mr. Robinson, the solicitor, attended o'
the prisoner's behalf.
Mrs. Emily Peach, a married lady, residing near LiverPe°ll_
but at present staying at the York Hotel, Albemarle-atre7,
Piccadilly, stated that between eight and nine o'clock er.
Saturday evening last, as she was walking along New Bq
street she felt a person's hand in her pocket, and on turl
round found the prisoner close behind her, and she seized 11.:6
of his hand, as it was still remaining in her pocket. J'"
then broke from her, and set off running.. up a
Molton-street, but was pursued by a police constable
taken into custody. She directly afterwards missed ara
pocket-handkerchief, which was a few minutes before "
the same pocket she had found the prisoner's hand in. Ifeia
were three other fashionably dressed young men, evidently
company with the prisoner, and on the detection of the P:o.
soner they immediately separated, taking different diroeti°, ---
Mr. MALTBY inquired if the prisoner was
_ltnr—..„, had
Mr. Frowd, inspector of the C division, saio that ne,.,.ffi
been informed that the prisoner had lately been seen in wr--
pany with several well-known pickpockets.
Mr. Robinson said that was impossible,.as the accused 111
for several months been confined by illness to his ebanibt,
of which fact Dr. Curtiss, of Oxford-street, who had attend''
him, had given a certificate.
Mr. MALTBY said that the facts were so clearly And fttlf,
stated by the prosecutrix, that no reasonable doubt of t.,.°
prisonei's guilt could be entertained. He should, howelr
remand him until Wednesday next, and in the suoantisue
quirks would be male about him.

UNION lIALL.—(THIS DAY.)
Ann Taylor, a well-dressed young woman, was share°
with uttering A countrfeit shilling.
It appeared that the prisoner went into the shop of Mr:
Rathbone, druggist, of the Kent-road, on Saturday evenial
an( asked for a small box of anti-bilious pills, in parne.l/
for which she tendered a counterfeit shilling. The slaopr..:.
seeing the coin wag bad, mentioned the fact to the prison 7;
who, snatehittg' it off the counter, attempted to convey ilst,
her mouth, with the intention of swallowing it, and by
stratagem destroying identity. She was, however,
vented from doing so, and the coin, being cut in halves br
the shopman, she was given into custody. •
When questioned by Mr. Than", on the subject, the Bo
the
sorter refused to give any account of her posseesion of
counterfeit shilling; and as she is suspected to belonf. ` ,iO,".
gang of titterers of base money, a system of fraud which t; r been carried on to a great extent on the tradesmen of 1:;
district, she was remanded to give the solicitor of
Mint an opportunity of attending and prosecuting her far
the offence.

SPORTING INTELLIGENCE.
(RECEIVED THIS DAY.)
CHESTER RACES.
eImsTER, SUNDAY.—The following horses have arrivedrh
Best Bower, Red Deer, Bramble, Adriana mare, General fy:k
lock, Master Stepney, Brunel, Lady Alice,,fignap, Coal •
Rose, Alice Gray, Ithuriel, Freedom, Hampton colt, P:
singer, Greenfinch, Faustus, Missy, Colitr.Clink, f bLrit,
Faustus, out of Active; Columbia colt, Alice Hawtilv„„..
Merry Andrew, The Cure, Bashaw, Nutwith, Alaric, at;i.
Forest, Brevity, Celeste, Miss Miggs, Fair Charlotte, Teets'
and Birdeen.

~,.
.~~

EGLINTON PARK RACES.
BETTLNG AT GLASGOW.—THE IRVIXE ~.
7to 4 agst Shadow (taken) 3to 1 agst Whistle Bin et)
4 to 1 agst Aristides 6 to 1 agstWilliamleG,
4 to 1 agst Aristotle 10 to 1 agst Smike (take7l! -----
STEWARDS' CUP.
3to 1 agst Lara (taken) 6to 1 agst Era (taken)
4 to 1 agst Shadow
10 to 1 agst Qnebec aj
6 to 1 agstWilliam leGros(t) 10 to 1 agst Christoph_er
LATEST BETTING T THE WEST ElO-.
CHESTER CLIP. • '
7to 2 agst Kent's lot (t) 15 to 1 agst Roscins (t)16 L,2. (t,
to
.1 agst Bramble 20 to 1 agst Alice Ha en)
7 to 1 agst Pagan 22 to 1 agst Freedom 0
10 to 1 agst Cattomte 26 to 1 swat Rowland
10 to 1 apt Red Deer 20 to 1 agst Nutwith

2to 1 agst Ratan (t. 5 to 2) 120 to 1 agst orlande, .-.;46410',,;
4 to 1 agst Uglyßuck (take 20 to 1 agst Campanero ' ' .sor,'..
9 tot) • ' ifr
'Ai Iff
Nu change in the other favourites. • •31'

LLOYD'S sixjppiN.
LONDON, APRIL 29.--FreshVV.~'.~P.breeze,. and tine.
Dis.t.L; APRIL 27. • N W.• Wind, N.B. fresh;
.28,. appy*Wii
by N Mails Sonies, Hobart Town ; C
briar, ;Sierra Leone ; Thomas Harrison, Angpaequina ;
Katharine Barham, Jamaica; James, Betutida ;
Demerara.; Dominica, Jamaica. ", • •
HAsTnicis, Aprat, 27.—The Waterman, No- 10, steanlaftor.F
(on 4 pie:4l44e trip) ran on the rocks off the Priory, ttua .
noon, and is sunk on the sand. 1
PLYMOUTH, ArBIL 28,-Wind ;E.—The sloop ."'",.„" hence to Southampton sprang a , leak on the 26th t,
and !sink; crew saved. Sld. St. Anna, qUebec..
FAiaroirrtr, Akan, 28.—Wind-E. fresh.—Off, Lafart
Cortey, Macao for. Havre; a brig, with -"Denmark!' 011'er,
stern, out sixty days,,from Brazil for'HanibUrgh.
JERSEY, APRIL • 25.—518. Pelican, Canopues, Janus, ur.'"''• •
• and Hopewell,- Labrador.- . '
Ogr PonTLAND, APRIL 24.—Middlebtirg, Baltimore)
Middleburg.
4'
WIATIMF0111), Apnir,l6.—Sld. Erin, Quebec; ,Jahn,1,1
`'" four hand.
CASTLETOWN, APRIL 24.—Std. Wanderer, St. John's,
Brunswick.
LtM ' ERICIC APRIL 26.--Sld, Manly, .Barbadoea.
BELFAST, APRIL 26.—Acrd, Einulous, Meckey, Donal"
Sld. Democrat, Quebec. '
LIeIVERPOOL, .APRIL 28.--Wincl, variable. --Sid. Ele'",.
d btof
Russell, China; Angra Pequina.; Virginian, An
George, New York ; Caino,. Boston.; Schrydi.-Trebezond
Dugdale, China.r Kingston, Ichoboel 'James Dean Arc
,
Peqttina ; Mediterranean, Africa; 'Reward, Jamaica ;,
Port` au Prince.; Elsinore, ,llavatmah ; • Helen, 'l'LtroPscii;
Henry
Bliss, New- York; Highland •IVlarv, Quebec. ''
fell
Pandora, at Cove, from St. John's,' New Arunswick,
with, several icebergs 9th Inst., let. 46, lOU, 48, and s'oonoftfld.f
wards became entangled in field ice, which she did not co'"
till the 12th, after. Making 75 miles southing. - • -
b
Sotriltasirroic;- APRIL 28.--Arrd. Pacha (steamer), GI, r ratter, left 20th inst.
BELSTQL, APRIL 27.--Std:. Samuel; COWES,APRIL 27.--Sld: E. Boutcher, St. Kitt's. for
OFF THESTART,..ArftIL 19.—Battictitn, -PernaMbUCO, , •
Hamburgh ; Therese . Sophie, Antwerp, for • Buenos
Johanna Nastuar, Rio, fbr Stockholm ; Bonjol, Rotterdw-
for Batavia. - • ' • ••• • • '
MUMBLES, Arnxt.24.•,4l4‘..CliiiiiiClarke, Valparaiso
~.," crs
SHIELDS, APRIL 27.--Sld. • Bilton, Calcutta; Lag'
Queen; Walker, Quebec. • •
• '4l
StMAERLAND, Wanderer,., 6
Aspesio and Bowes, 'St.. NeW Brunswick. llAirrizrooL,. 411.8.'1.27.-81d- Itinerant, St. John's,l4l

FLANDERS MAIL. t
_
Bnuaanus, Arrtm..26.—The Secret Committee.wm boo
he
entirely taken t
up with the communications which
Minister Of the Interior made to the Chamber.- The aittlitter h
referred to his remarks on the preceding day, especially
respect to the system of duties of customs and the come
cial policy of France and England, from which he inf ":"0„
the necessity of proceeding to a reform in Belgium, 1)10'
Ding with,the adoption of a moderate system of differs°
duties. , •
t the
The Chamber decided, by a majority of 57 to 16, that Lisa
discussion on the principle of the system of.differential du
should take place in Secret Committee. •
At the request of the burgomaster and aldermen of 1;:lr,
the Minister of Public Works has just appointed a CNln,
sion to ascertain by what means the city of Liege meTob
preserved from inundation, and to prevent the injury to W
it is exposed.
• 140
It 'seems by our accounts from London to be mace
1';
when the King and Queen will return home.

.. . ....-- __ _ • SOUTHAMPTON, APRIL 28.-The Peninsular or- Oriental Company's steamer Paella, Captain G. Wilsoe' the'
-rived this• afternoon, at four o'clock, from Vigo bringinilL el •
folloWing mails :.Qibraltar and Peninsular. lef
!Her de'''' • .
__
departure are as follows :--From Gibraltar, April 20; "ril • '
April 21 ; Lisbon, April 23; OportO, April 24; and Vigo; `5liP 25. Ships of War lying at Gibraltar—Her MajestY's. hot Scout and steamer Locust, and a Swedish corvette, nee no
known. At Lisbon—Her Majesty's ship Albion, and Fro.s, '
brig Volage-. Vessels passed off Cape St. Mary's (I)o,,rtubit. ...Brig Traveller, Finlay; from London for Cadiz, on tit.n.de es. ,
inst. ;on the 27th inst., the Ushant, B.IIT. eight 107,-111- ' '
passed the Peninsular, and Oriental Stearn-Nivigatielabriege '.
panii's ship 'lberia, steering to the westward. She twellee passengers and one box and Six bags of specie- iviitb.
WILL 01" .tiORD. ABIXGER.---AdMilliStratiOn" ‘: of
the will annexed) of the late Lord .Abinger, Chief jeure
the Exchequer, has just passed the seal of the Prerost has
Court-to-his eldest.sor;—tio—vr Lord Abinger, to whom. - Lady
bequeathed the whole of hii personal estate. Te his wife, oar- - ,
Abinger, he gives " a certain sum settled on her CO 4eZ, the
,: ,1
riage," and directs his executor.to augment that, awe "/ gap ,'-',
sale of property and stock in the Bank ; but, Wane 93 and '
in the will (which is in his Lordship's own handwritinikoid • i
extremely short), no'executor is appointed. To his "-‘llZ_ 0- '
friend, Mr. Parkinson, of the firm of Farrar and Co., trra. 01. .
a token of my esteem, the of legacy duty." 'fie st:ard to ..
have given no legacies to servants, leaving their re, _ado, •
~ '•
the consideration of my son." These are -the only Jell
and the property is sworn under 18,000/.
instructions
id_...tv,- frtio4 for
-13 y-the will-of -Sir--Charles Wentworth, wliv:redLeva
suddenly at Cawsand, in Devonshire last week, iflucreed Id° .beloved and respected, his cousin, Mrs. Gore, will e _ate
the family property, with' the exception of 91) tri:e got
Wentworth'Hills, 'near Halifax; • bequeathed t traits°
'Cliaties Wentworth Fitzwilliam, and the thrall/ P.?r,.,ohitiret •
rings of the late Marquis of ,Rockingluini, to Vs etc y. -`""
Earl Fitzwilliam and Viscount Milton. The ,,
extinct, Sir Charles having died unmarried. . states
~
'.llni 'LATE WOODSTOCL ELECTION.--. lutetiloSns tO Pfol7
that the Duke of Marlborough has giv.en
solicitor to commence an Action against
_,,,,, , .
... s.
libelling him oz the hustings at the restut.u°'.- : -
,Woodstock.

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