The Sun.
London, England, 1850-01-19 00:00:00

COURT 01% EXCHEQUER, Jan is,

(Sitting at Nisi Priu3 bef)re Mr. Baron ItorsE and
a London Jury.)
This was the first sitting at Guildhall in llilAry
Term. The cases set down for trial were for the
most part undefended. The following was the only
case tried deserving of notice.
CRANSTON V. MARSHAL AND ANOTHER.

Mr. Ilumfry (with whom was Mr. Cleashy) ap-
peared for the plaintiff; Mr. Martin (with Mr. Wilde)
represented the defendants.
It appeared from the opening statement of the
plaintiff 's Counsel. that he is an Irish schoolmaster,
who, with his wifl and five children, resolved in the
autumn cf last year to emigrate to Australia. The
defendants, who are emigration agents and shipbro-
kers, carrying bn business in Fenchurch-street, on
the 27tb of July last agreed to provide the plaintiff
and his family with a passage and provisions, in a
ship called the Asiatic, which was advertised to
sail for Altlaide from London on the 15th of
August, and from Plymouth on the 25th of Au-
gust, wind and weather permitting. The sum
agreed upon with the plaintiff for the passage was
651.. one-half of which was deposited at the time
the agreement was made. Upon the faith cf this
agreement the'plaintiffbrought over his family from Ire-
land, and arrived at Plymouth on the 20th of August,
the advertisement announcing that passengers' bag-
gage must be on board three days at least before that
appointed fir sailing. On the 25th of August, the
day the Asiatic was expected in Plymouth, the plain-
tiff ascertained that she had not left London,
post-
poned and
that, for some cause or another, the sailing w
for ten days at the least. The plaintiff not
being in a position to incur the expense of maintain-
ing his family in Plymouth, relinguished the intention
of going out in the Asiatic, and took his passage on
board another vessel called the Constant, which had
then got her clearance papers, and was about to sail
from Plymouth. It so happened that, in consequence
of some quarrel between the owners and the char-
terers of the Constant, she did not sail at the time
appointed either, and the unfortunate plaintiff, after
being detained in Plymouth until the month of S p-
tember, saw the vessel in which he had first taken
bis passage sail before that in which he eventually
proceeded. It was only fair, however, to state that the
detention of the Constant occasioned no further loss to
the plaintiff than the loss of time, as the charterers of
that vessel kept the plaintiff and his familyuonntibloathrd
their ship, finding them in provisions.
plaintiff went on board the Constant, however, and
e
whilst waiting for the arrival of the Asiatic., he
at some expense, for which be now claimed 101, by
way of damages ; and he'also claims to have back the
WS PA PEkt sum of 321. 10'. deposited on the 27th July, as already
mentioned, which the defendants had refused to return
to him.
;041 On the part of the defendants, it was submitted
,------gApkr:kbat time was not of the essence of the contract made
with the plaintiff by the charterers of the Asiatic,
.j4-.4 ',!" and that this was really an action by the owners of
the Constant, a rival emigration ship, to whom the
41. plaintiff passed the receipt for 3:21. 103. as part pay-
ment of his passage-money.
Mr. Baron ROLFE was of opinion that as the letter
by which the defendants agreed to take out and pro-
vision the plaintiff and his family contained a printed
statement that the ship was to sail from Plymouth on

THE SUN,

'he 25th of August, wind and weather permitting,
this must be considered a portion of the contract, for
the violation of which the defendants were liab!e in
damages. If the Court should be of a different opinion,
however, the defendants should have leave to move to
enter a nonsuit. He then 14fc it to the jury to assess
the damages.
The jury, after a short consultation, returned a
verdict for the plaintiff—damages, 401., which com-
prehended the 321. 10.4. paid by the plaintiff as part
of the passage-money, and 71 105. expenses incurred
before the arrival of the ship in Plymouth.

COURT OF BAIVICRUPTCY, Jan. 18.
(B-fore Mr. Commissioner FONELANQUF.)
IN RE WEST AND WEST.
The bankrupts, Elizabeth West and Alfred West,
mother and sor, were tailors in Adelaide-street,
Strand.
Mr. Duncan opposed; Mr. Cooke supported the
bankrupts.
It appeared that the bankrupts had submitted to
their creditors a statement showing that the firm had
1,1001. of good debts.
.A lot of bills were drawn on
the 11th of October on their various customers,
amounting to 3371, and given to an uncle at Hast-
ings, who had become security to Mr. Dawson,
draper, of Newgate-street. It further appeared that
the balance-sheet would not bear the test cf exami-
nation. An adjournment was therefore ordered by
the Commissioner.
The bankrupts' debts are 1,357/. ; their assets nomi-
nal. The losses are put down at 9731.

IN RE IVES AND IVES.
The bankrupts were drapers at Norwich. This
was the certificate meeting.
Mr. Lawrance supported ; Mr. Bagley opposed on
behalf of the assignees.
The bankrupts' debts are 1,5681.; their assets 1601.
Mr. BAGLEY submitted that the bankrupts had
made away with property in an improper manner.
The whole of the stock had been swept off in August
last under bills of sale given by the bankrupts to an
aunt, Mrs. Mary Ives, and other persons. The aunt
was required to give evidence, but an affidavit having
been put in, alleging that she had been unable to
attend in consequence of illness, he submitted that
there must be an adjournment.
Mr. LAWRANCE urged that the amount received by
Mrs. Ives had been no more than 451., and that the
Odd Fellows Club being the party who had distrained
under the powers of a bill of sale for 4001., it was
not probable that there had been anything collusive
in the matter.
His HONOUR held that the creditors were entitled
to have the evidence of Mrs. Ives, and adjourned the
certificate meeting for that purpose.

IN RE G. STEWARD.
The bankrupt was a pawnbroker at Norwich. His
capital in 1845 was 501. His debts are now 1,575/. ;
his assets 8951. Mr. Luca?, on behalf of the assig-
nees, succeeded in resisting the bankrupt's passing
his examination, and any allowance being made. The
bankrupt, having 2301. in hand, had put his creditors
to the expense of about 250/. in disputing the adjudi-
cation of bankruptcy, and appealing to the Court of
Review.

IN RE HENRY STRATTON.

A petition in bankruptcy was taken out this day
against Henry Stratton, one of the proprietors of the
Bucks Chronicle, who absconded on the 27th of De-
cember last from Aylesbury, and whose name has
been brought before the public i❑ connexion with
the savings' bank at that place.
MIDDLESEX SESSIONS, Jan. 18._

(Before Mr. Sergeant ADAMS, Assistant Judge.)
The Court sat yesterday at Clerkenwell for the
purpose of disposing of petitions and appeals. There
were fifty-two in the list.

LOLA MOICTEZ' BAIL.

Henry Daniel Davies, solicitor, of Warwick-street,
Regent street, appealed against an order made by
Peregrine Bingham, E3q., one of the magistrates at
the Marlborough-street police-court, for the payment
c f the amount of a recognizance entered into by the
said Henry Daniel Davies, for the appearance before
the said P. Bingham, Esq., of Marie ,Dolores Corn-
tesse de Landsfeld (Lola Montez). There was a like
appeal against the same order by Daniel Davies.
Upon the application of Mr. Bodkin, who ap-
peared for the appellants, and with the consent of
Mr. Clarkson, who appeared in support of the order,
the hearing of both the appeals was postponed until
the April General Sessions.
The appeals disposed of during the day involved
questions as to parochial settlements, of no public
interest. Several appeals against parochial rates
were postponed.

POLICE INTELLIGENCE.
MANSION-HOUSE. '

John Stretton was brought up in- the custody of
Barber (102), before Alderman Humphery, charged
with being a begging letter impostor.
Mr. John Cassell, cf 80, Fenchurch-street, tea-
dealer, said, on Wednesday I received the following
letter :

"Sir,—Under circumstances of no ordinary nature do I
thus venture t address you; nothing short cf my truly
ra nful s't ation could comp! me to do so.
"I bez resreclally to state that I am a native of
Edinburgh, and fJr many years wa3 in business at No.
12, Leith-street; but owing t) misfortunes in tra le, '
caused by an aecumu'ati, n of bad debts, I wai reduced
from a state of ccmparativo corcfat t that of distress.
Three mouths ago I found, myself thrown into this huge
city, with no capital Leyond the introdnct.iry recom-
endationi furnisLel me by my friends; and when I state
that I have a wit') and young family solely depending
upon me, and have been unemployed since I came here,
I arm admitting but a small portion cf the cow event
privations we have undergcne.
" I am aware that you must have many applications
cf nearly a similar nature, but I would respectfully sub-
mit that yon are aware there are some who are not ob-
trusive, and who do not complain before being com-
pelled. In humbly representing myself as being cf tb
class, I shall be most grateful for a small portion of your
sympathy. lam not pleading for myself, but fir others
whose necessities augment my miseries, and I have not
committed myself by exposing my situation until driven
by tt e sternest and most unmitigated distress. Since Mon-
day, at twelve at noor, my little ones have had no bread.
Under these I sinful circumstances might I fondly anti-
cipate a little pecuniary assistance t)wards alleviating
my present situation? I❑ doing so such condescension
will be remembered with every sense off cling.
" I have the honour to re neje, Sir,
" Your v. ry humble servant,
" ALEXR. SUTHERLAND.
" P.S. I may here mention that I have good prospects
of employment when Parliament sits.
" January, 1850."

I happened to know Mr. Sutherland, to whom the
note alluded, having formerly served him with goods,
and I questioned the prisoner as to the premises of
that gentleman, and found beyond all doubt that the
character was assumed for the purpose of imposing
upon me. I then told my clerk to give the poor
man " half-a-crown," and when the prisoner pocketed
the money I told him my opinion of him, which he
then acknowledged was correct, and he admitted that
the letter was fictitious.

The prisoner said, he was really compelled by the
distress he had described, which was far from being
fictitious, to resort to that mode of obtaining tempo-
rary relief. He was not, he confessed. Mr. Suther-
land, but he was as badly situated in his finances as
any person of the name could he; and he hoped that,
as he was detected in his first attempt and never in-
tended to make another, the Alderman would bear
lightly upon him.
Alderman HUMPHERY—You shall not make
another attempt for some time at any rate. You have
not only forged the name of one individual to cheat
another, but you have by such an expedient, per-
haps, put the credit of the party you personated into
jeopardy. I convict you, and sentence you to im-
prisonment in Bridewell and hard labour for three
months. You are accomplished in this particular
line of business, and this letter and all the circum-
stances a`test your skill in the trade. Take my ad-
vice, and abandon it henceforward. If the money
had not been given to you in the way of charity you
would have been lisble to transportation for seven
years.
The prisoner—Consider my wife and children.
Alderman HournEur—Wife and children point
the way to industry, not to robbery. It is better for
them and for society that they should go to the union
than that you should succeed in such an avocation as
you have chosen, the tendency of which is to dry up
the fountain of all charity.
A lad, named John Connoe, was charged with hav-
ing maliciously stabbed Henry Smith.
C. 11. Rix, cigar-sorter, of Great Alio- street, Good-
man's-fields, said, on Saturday, the sth instant, about
a quarter to two o'clock, the prisoner and several
others were playing together on St. Dunstan's-hill.
They were all boys, in the employment of Mr. Ro-
binson, of St. Dunstan's-hill, cigar-manufacturer.
The prisoner and a boy named Croft were playing at
marbles, and Smith and some others were throwing
about a basket, which they at last put upon the head
of the prisoner, who, when Smith went to take it off,
stabbed him with a knife and then ran away. Smith
called out that he was stabbed, and the blood flowed
into his trousers. I saw the blood and the cut in the
waistband of the trousers, and I took the boy to a
surgeon, and then to the hospital.
It appeared from the evidence of one of the lads
who had been playing together that Smith held the
prisoner while the others put the basket on his head.
Smith, the complainant, said—l went behind the
prisoner to lay hold of him in play, as the basket was
on his head, and he said " If you don't get away I'll
stab you," and he immediately stabbed me in the left
side of the body, and the blood ran down. I had la id
no quarrel with him.
The prisoner was committed for trial.
G UILDHALL.
Mr. Showier, inspector of Smithfield-market, ap-
plied for the magistrates' order to destroy some sheep
which had been seized that morning, having been
brought up ill waggons and placed in the pens; but