The Sun.
London, England, 1857-05-05 00:00:00

THE CASE OF MISS SMITH.

Several contradictory statements have been cir-
cula-ed relative to the time and place of the triai of
Miss Madeline Smith. We believe that nothing
has yet been fixed in either respect ; but the ac-
cused bas taken advantage of a provision in the
law, known as "running letters," whereby she
must be indicted within 60 days, and t: ied within
40 more, or else discharged. The CI own, however,
has the power of postponing the trial for 40 days
more by " criminal letters," so that practically 140
days altogether may elapse hef,re trial ; and the
ordinary course of ciirninal proctdure seldom re-
quires a longer period of preparation than is really
gained by this mode of forcing on thi, trial —North
British Mail.--A correspondent of a contemporary
says :—" Miss Smith was brought through from
Glasgow on Thursday, I believe, and lodged in the
prison of Edinburgh. Meanwhile, her trial, which
is expected to take place iu the last week of May,
is looked forward to with uo ordinary degree of
expectancy. All sorts of rumours are afloat bear-
ing on the character of Miss Smith and the young
Frenchman L'Angelier, whom she is accused of
having poisoned. It is, of course, out of the ques-
tion to place any reliance upon those stories, but it
is said that the evidence at the trial will be of a
very startling n&ure—so much so indeed that it
may be deemed advisable to conduct the case with
closed doors. I conversed the other day with a
person who saw and talked with Miss Smith on
the day of L'Angelier's death, and, of course, be-
fore it was known to her, or any suspicion had
arisen regarding it, and he informed me that the
young lady was as gay and fascinating as he had
ever seen her. In little more than a week after-
wards she was committed to prison. Those who
profess to be acquainted w.th the circumstances of
her connexion wish L'Angelier, so far as these are
known to the family, are very sanguine as to her
acquittal ; but whatever the result may be, the
trial will be one of the most exalting that has taken
place in recent times."

The annual general meeting of the graduates of the
London University will be held it the Freemason's
Tavern this evening. James Russell, Esq., M.D., will

preside.
Ms. APSLET PELLATT AND THE ELECTORS OF
SOCTRWARE.—Last evening a meeting war hell at the
Lecture Hall, Fair-qtr -et, Hortielydown, for the purpose
of presenting a memorial to Mr. A. Pellatt, late M.P.
for South mark. Mr. Howard was in the chair, and pre-
sei.ted Mr. Pellatt with an address, expressing approval
of his conduct in and out of Parliament. In acknow-
ledging the compliment, Mr. Pellatt sai3 that he hay
received numerous expressions of sympathy at the re-
sult of the late election from friends on both sides of the
house. He then referred to measures he had introduced
or supported and vindicated in opposition to the measure
brought forward by the great dock companies as one
which would deprive numbers of :lightermen of employ-
ment. Mr. Pellatt was wrarmly
,received. About 400
persons were present.

LAW INTELLIOENCO.—May 4.

VICE CHANCELLORS' COURTS-MAY 4.

(Before Vice-Jhancelior Sir J. STUART.)
BRVMFIT V. MORTON.
This was a bib for the sre. ific performance of an
agreement dated on the 6th of December, 1856, by
which the plaintiff agreed on or before the sth of
January then next to assign to the defendant "the
two inessuages or public-house called tl,e Cider
Cellars, being No.. 20 and 21, iu Maiden-lane,
Covent-garden, for the residue of two several terms
of 60 years and 21 years, for whieh the plain iff held.
the sauna under leait s, of whi.th terms 38 years and
. .

8 years, or th-reaboUts were unexpired, subject to
the yearly rents of 1541. and 501. respectively, and
to the covenants in such leases contained and free
from all encumbrances." The agreement also con-
tained stipulations that the defendant should take
the tenant's fixtures, and the stock of ale, porter,
win-S, and spirits on the premises at a valuation,
avid that the defendant should accept the assign-
ment before mentioned "w.thout requiring evi-
dence of any title prior to the above-mentioned
leases," and that he should "not make any objec-
tion thereto, notw.thstanding any recital, state-
ment, or covenant flirein contained, or by reason
of the leases being derivative or under le ises." It
appeared that the plaintiff was not entitled to all
the premises comprised in the lease for 60 years,
but that he was entitled to a part only thereof, and
th tt such part, together with all the premises com-
prised in the term for 21 years, had been assigned
to him in 1854, for the residue then unexpired of
the two terms of 60 years and 21 years, except the
lsst seven days of each of such terms, at a rent in
the one case of 101 and in the other of 501. The
other part of the premises compris ,d in the term
for 60 years had been demised, iu 1836, by the per-
son in whom the ti le to that term was then vested,
to one Levy, and it was now usedas a Jewish syna-
gogue.
It also appeared that the defendant at-
tended at the office of the plaintiff's s licit >r, in
company with his own solicitor's clerk, in order to
sign the agreement before-mentioned, and on tint
occasion an abstract of the plaintiff's title to the pre-
mises which formed the subject of the case was handed
to the cle,k, who looked merely t.t one or two pages
at the commencement of the abstract, but did not
examine the abstract suflicien ly to make himself
.equainted with the pl,intiff's title, and in a few
minutes afterwards returned tbo abstract to the
plaintiff's solicitor. The plaintiff delivered an ab-
stract of his title to the defendant on the 11th of
De:;einber last ; and, after some correspondence
tween their respective solicitors on the subject of
the defendant's requisitions as to the plaintiff's
title, the defendant on the 4th of F...br uary declined
to complete his purchase. The bill was then filed.
Mr. Craig and Mr. Roge- s were for the plaintiff;
anti Mr. Bacon and Mr. Bazalgette fur the de-
fendant. _ _

Toe Vice-Chancellor said that the plaintiff asked
for the specific performance of an agree rent to
purchase certain leasehold property. The defer); lant
ed that on the production of the title the
plaintiff was shown not to have such a leasehold
interest as was described in the agreement-. The
question turned on the language of the agn-em-irit
as applied to the pl intiff's title. The plaintiff's
coutontion was that th.: defendaqt at the !ime of

signing the agreement had sufficient in'ormation as
to the nature of the interest ha was purchasing to
bind him to his contract. There was no ambiguity
in the description of the property to be purchased
by the defendant. The difficulty was as to the
uttitte of the plaintiff's intere which was de-
scribed in the agreement. The original lease, creat-
ing the term of 60 years i❑ No. 21, Maiden-lane,
reserved a rent of 1541., whereas the lease mid r
which the plaintiff held reserved a rent of 1501.
But that was not all. The defendant, on investi-
gating the plaintiff's title, foiled that the lase
creating the term of 60 years comprised other pro-
perty which was now underet to one Levy and
used as a Jewish synagogue, and that this property
was not comprised in the agreement of the 6t of
Dec mber last. Thus the defendant by no defAult
of his own would be liable to he evicted from a
part of th premises comprised in the agree-
recent in case of a breach by Levy of any of the
covenants contained in the lease creating the
term of 60 years. To expose a purchaser to such
a risk there ought to be a certainty either from the
language of lhe agreement or upon the evidencethat
he was aware when he signed the agreement he
was purchasing subject to such a risk. Here there
was no such evidence, nor did the agreement on
the face of it show that the plaintiff's interest was
exposed to such a risk. There was also nothing in
the evidence which would justify the court in hold
lug that the production of the abstract on the occa-
sion of the agreement being signt•d would fasten the
purchaser with notice of the plaintiff's pecular title.
It was a case in which it was impo4sible that the
court could decree specific performance ; but, as the
defendant had shown a want of caution and pru-
dence in the matter, and as a good deal had been
done by him in respect of hiving a valuation made
of the fixtures and stock to be taken by him, the
b 11 would be dismissed without costs and without
prejudice to either party's right to any action at

COURT OF COMMON PLEAS—MAY 4.
(Sittings in ainco—Rtster Term.)
DENIS V. MORLEY ♦ND COBBET.

In this ca-e Mrs. Cobb-ttt move.i for a habeas
corpus to bring up the body of her busban I, now
in the Queen's prison, in order that he might be
ena.led to move for a rule for a new trial. The
action was iu ejectment, tried before Mr. Justice
Williams, in which the vcr.lict was f. mud fir the
plaintiff. A long affidavit filed by MrA. Cobbett
was then read by the Master, setting forth the
grounds upon which she wished to move for a new
trial.

The Lord Chief Justice—Your husband in this
affidavit does not show that he is riot in a erudition
to apply to the court through learned counsel.
Mrs. C )lAett—l should be very happy if any
gentleman would do it. There is a gross conspiracy
against my husband. All the counsel I have spoken
to about it say, "You are right, but you avid. never
succeed, because all the judges are against you."
The Lord Chief Justi.,!e—l fear the court has no
power to grant such a habeas.
Mrs. Cobt.ett—Oh, yes. Chief Baron Pollock
in a similar c tse in which my husband was con-
cerned said be could have a habeas ; and Mr. Jus-
t ce Williams gave my husband a habeas at ch,m-
bers.
The Lord Chief Justice—ln what court did you
ever obtain a hat eas ?
Mrs. Cobbett-011, 50 or 60 habeases, my lord,
in all the three courts. I have moved for a habeas
to bring my husband up in all the courts. I was
never refused a habeas. The Court always held I
had a right to apply for one.
The Lord Chief Justice—We understand there
was a doubt expressed on the subject by Mr. Baron
Parke • but have sent to inquire. Af er a short
interval, his lordship said the inquiry had been
made, and the Court found that, although at one
time a practice had grown up of granting applica-
tions very much at Mr. Cohbett's instance, the
matter had since been reconsidered, and the Court
of Exchequer had come to a resolution that such
applications as the present could not be granted,
and the Court of Quain's B• nch had concurred in
that rule. • The Court feat that this practice was ir-
regular, and they must also be bound by the rule
laid down in the other courts, which was only go:n;
b ack to the old decisions. The learned judge refereed
to the case of Mr. Hunt, who made a similar
ap-
plication to be brought up on a habeas from
Il-
chester gaol, to show cause against a rule, which
was refused.
Mr.s. C.,bbett—My husband was imprisoned 12
years wrongfully for a contempt of the Court of
Chancery, and I moved for 56 habeases, and he was
discharged at last.
The Lord Chief Justice—lf he is wrongfully im-
uo:sonecl, no doubt you can move for a habeas.
Mrs. Cobbett—He is falsely imprisoned now.
The Lord Chief Justice—The Court is of opinion
that they have no power to grant this application.
If you wish to move on other grounds we will hear
you.
Mrs. Cobbett said she was not then prepar,d,
and retired from the court.

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they are equally independent of physic and the physician, for
Dr. Livingston found their staff of life to be the Revalenta
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" consumption, scrofula, cancer, &c., having been scarcely
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for 20 years " In England also the Revalenta Arabica has pro-
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use of Du Barry's Revalenta Arabica Food the Europeans will
soon enjoy the same freed m from disease as the West
Africans. It is sold in canisters, 11b., 2!. 9d. ; 21b., 4s. 6d. ;
51b , 22s The 121 b. carriage free, ou receipt of post-office
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num, Mast,u, and OD., IS2, Piccadilly; Abbis, 60, Grace.
church-street; 63 and 150, Oxford-street; 330 and 430,
Strand, London,

Names of O. Dividend Price. Names of ~: Dividend
Companies. 1 per - per wee.
n 2 Annum. wee.
i 3 Annum. z
---.
£ £
Ashtn &Oldh 93 71. p. et. Peak }Vest. 78 51. Os.
Birmingham 40 41. 91 Reg,en Vs •• • - 30 178 16
Coventry...• 100 11.. Rochdale.... 85 41.
Derby .. •. .. 100 61. 15s. Bttird &Won. 140 281
GrandJunetn iOO 21. pr. ct. Stourbridgv. 145 121. 10s.
Do.. 6 pr. Ct. 10 61 pr et. Severn and'Grand Union 100 7s 6d I Wye Rail. j 26 it' 16s*
Kennt & Avr, 40 63. 614 Warwick &
Leeds &L,y/ 1 100 251. 4`.,0 i Birming. i (00 21. 25
Leicester ...• 100 Si. Virarwick & 1
Leiestr ,`,.'U \Tit 83 11.5 s I Napton.. 5 100 21'
Lough(, rogh 143 70, ,Worestr & 1
78 10s. 16%
Macclesfield. 100 21. 108. 1 Birming.,
Neath .. • ... 100 161. Wilts & BrkE 7s. Od. 4%
Oxford.. •• • • 100

WATER-WORKS.