The Sun.
London, England, 1850-11-08 00:00:00

COURT OF COMMON PLEAS, Nov. 7.

:Sittings in Banco, before Lord Chief Justice JERVIS
and Justices 111AuLE, WILLIAMS, and TALFOURD.)

HOOPER V. PARKER.

This was an action of trespass charging the defen-
dant with having assaulted the plaintiff, and was tried
before the late Lord Chief• Justice at the Guildhall,
when a verdict was found for the plaintiff—damages
200/.

Mr. Sergeant BYLES now moved for a new trial, on
the ground that the verdict was against evidence, and
the damages excessive.
It appeared that the plaintiff, who was a tea.
dealer in the city, was indebted to the defendant
547/., and that the defendant, on the 3d of February
last year, called upon him to endeavour to obtain pay.
ment. Not being able to get his money a quarrel
took place between them, and according to the evi-
dence of the plaintiff's clerk the defendant struck the
plaintiff, and called him a " liar," upon which the
clerk ran for a policeman; but the plaintiff would
not give the defendant into custody, saying he should
deal with the affair in a different way. Soon after-
wards the plaintiff was taken ill, and two medical
men deposed that his illness was occasioned by his
having fallen against a chair and hurt himself. On
cross. examination it appeared that the plaintiff was of
" strutnous" habits, and that his illness might have
been attributed to that.

The COURT thought the question was one to be de-
cided by a jury, and that the verdict ought not to be
disturbed.—Rule refused.

Immediately before the rising of the Court Mr.
Martin, Q C., entered, and went through the form of
being created a sergeant, prior to his elevation to the
bench.

The Court immediately afterwards adjourned.
(Sittings at Nisi Prius, at 'Westminster, before Mr.
Justice Cams WELL and Common Juries.)

HANDLEY V. THE BANK CANTONALE OF BEENE.
Mr. Lush appeared as counsel for the plaintiff, and
Dir. Di. Chambers, Q.C., for the defendant.

This was an interpleader issue directed to try the
title to certain furniture and cif-cts which had been
taken in execution by the Sheriff of Middlesex.
Mr. Lusa said, that the plaintiff is a widow lady
and the proprietor of several houses, and among
others, of the house 20, Spencer-street, Clerlienwell,
which was some time since let to a foreigner of the
name of Bourkinn, et the yearly rent of 401. The rent
was regularly paid up to Christmas, 1849, soon after
which Bourkinn, becoming under pecuniary difficulties
in consequence of the non-payment of certain instal-
ments of a debt due from him to the defendants, left
London and returned to the continent, leaving his
wife in the house in an almost destitute state. The
quarter's rent due at Lady-day in the present year,
not having been paid on the 3d of June, a distress was
put into the premises. At that time Mrs. Bourkinn
had not the means of paying the sum due. The dis-
tress was made by the plaintiff's son, Mr. Sylvanus
Handley, under an authority from his mother, and
the plaintiff; with consent of Mrs. Bourkinn, took as
much of the furniture as was valued at the sum of
101., in satisfaction of the quarter's rent diatrained for,
and it was further agreed that the remainder of the
furniture belonging to Mrs Bourkinn should be
valued to Mr. S%lvanus Handley, and that he should
become the purchaser, which was accordingly done.
Mrs. Handley, being desirous of befriending Mrs.
Bourkinn in her deserted state, then agreed to allow
her to occupy another and a smaller house, situate in
Gowen- terrace, and the furniture taken under
the distress, and also the furniture purchased
by Mr. Handley, were removed thither, and it
was agreed that Mrs. Bourkinn should pay 101. for
rent up to the expiration of the then current
quarter. On the 20th of July the defendants' agent
in this country issued execution against Bourkinn,
under which that portion of the furniture agreed to
be accepted by Mrs. Handley in lieu of payment of
the quarter's rent, and also the remainder which had
been sold to the plaintiff's son, were seized by the
sheriff. The latter had abandoned his claim, not
thinking it worth while to contest the point, so that
the sole question was as to which of the parties to the
issue was entitled to the furniture claimed by Mrs.
Handley.
Mr. Sylvanus Handley, the son of the plaintiff, de-
posed to the above facts, and in cross-examination
stated that he had formerly kept a few terms at the
Inner Temple, but finding his mind " not sufficiently
acute for the proper understanding of the law," he
abandoned that pursuit, and had since been " absorbed
in the study of natural history." He acted as broker
on the occasion of the distress simply to save Mrs.
Bourkinn expense.

For the defence it was contended the distress was
put in, not for the purpose of securing the amount of
the quarter's rent due at Lady-day, which object
would have been effected by the statute which obliges
the sheriff in cases where execution is issued against
a tenant to pay the landlord out of the proceeds a
year's rent, should so much be due, but in reality to
enable Mrs. Bourkinn to defraud the creditors of her
husband. It was also elicited that shortly before the
distress was levied Mrs. Bourkinn called on Mrs.
Handley, and informed her that threats of execution
had been held out by the defendants' agents, under
which she expected the goods would be taken. The
hurried manner of the distress was also a suspicious
circumstance, the goods being immediately taken
possession of and carried away without the period
allowed by law for replevying being suffered to

The jury, after some hesitation, gave a verdict for
the defendants.

PREROGATIVE COURT, Nov. 7.
(Before Sir H. J. FusT.)
IN THE GOODS OF JAMES SMITH, ESQ.
The deceased, James Smith, Esq., late of Port
Louis, in the island of Mauritius, and Assistant Co-
lonial Secretary there, died on the 14th of July,
1849, having made a will dated the 10th of October,
1845, with a codicil thereto bearing date the 10th of
May, 1849. He had been many years domiciled in
the Mauritius. The will and codicil were both
signed by the testator, but there were no witnesses to
either of them, and they had been duly registered in
the proper Court at the Mauritius. A doubt arose
whether the Ist Victoria, cap. 26 (the Wills Act) ap-
plied to the wills of persons dying domiciled in the co-
lonies, which rendered it necessary to bring the case
under the notice of this Court.

The QUEEN'S ADVOCATE, in moving for probate of
the papers, contended that the rule of law was to fol-
low the grant of the country wherever the party died
domiciled. It was proved by affidavits that the
French Code Civil was the prevailing law in the
Mauritius. The only question for the decision of the
Court was, whether the Wills Act did or did not apply
to the colonies. It was laid down by Mr. Justice
Blackstone, and sustained by other writers, that a sta-
tute of the English Parliament did not apply to settled
or conquered colonies unless it was expressly extended
to them. There were no words to that effect in the
Wills Act.

The Learned JUDGE, after observing that the case
was one of great importance, inasmuch as the prin-
ciple would extend to all colonies, said he was per-
fectly satisfied that the deceased was domiciled in the
Mauritius ; that the prevailing law there was the
Code Civil Francais; that the execution of the papers
was good and valid according to that law ; and there-
fore he would decree probate of them to pass to the
executors.

INSOLVENT DEBTORS' COURT, Nov. 7.
(Before Mr. Commissioner PHILLIPS.)
IN RE JAMES ROGERS.
This insolvent applied for his discharge, which was
unopposed.
Mr. Commissioner PHILLIPS asked insolvent what
was his trade ?
Mr. COOKE, who supported, said the insolvent had
formerly been an Italian warehouseman, but had
lately been a jobbing dealer in railway shares.
The COMMISSIONER said he saw there were some
losses by time bargains, which were just a species of
gambling. For a man burdened with 6,0001. of debts
under a previous bankruptcy, dealing in time bar-
gains was a blessed trade, and it was no wonder that
he came to this court.
Mr. COOKE remarked that those who had not lived
within the influence of the Stock Exchange at the
time of the railway mania could not understand the
temptations it offered.
The Learned COMMISSIONER said the influence of
the Stock Exchange could not warrant a man like
this in indulging in accommodation bills. The law
allowed creditors every opportunity, and if they did
not choose to oppose he (the Commissioner) would
not; but if the insolvent had been opposed he would
certainly have been remanded.
Insolvent was then ordered to be discharged forth-
with.

IN RE THOMAS JOHN BENNETT.
This insolvent, who some time since brought an
action against the Oriental Steam-packet Company
for a breach of contract in refusing to convey him to
Portugal, upon the ground that he was an agent of
Don Miguel's, to stir up disaffection in that country,
applied to be discharged.
Mr. Sargood and Mr. Way opposed.

A preliminary objection was taken that the insol-
vent, having described himself in the petition as
Thomas John Bennett, had signed his petition as T.
Bennett.

Mr. Way said he had bills of exchange and letters
in which the insolvent had signed his name as T.
Bennett and J. Bennett.

The Learned COMMISSIONER said the schedule
must be amended, and the insolvent must re-advertise
by all the names he had ever used.

The case was then adjourned, and the bail enlarged

POLICE INTELLIGENCE.
MANSION-HO USE.
Mr. Sirrell appeared before Alderman Gibbs for
final examination upon the charge of having received
stolen articles of plate with the knowledge that they
had been stolen. Mr. Bodkin attended for the prose-
cution, and Mr. Lewis, of Ely-place, for the defence.
The justice-room was crowded.
Mr. Bodkin said he appeared by the direction of the
Government to prosecute, under circumstances which
were considered to be of great public importance, and
he briefly referred to the evidence upon the four cases
to which the Alderman's attention had been called as
having occurred within the jurisdiction of the Man-
sion-house. It was not his intention to produce any
evidence additional to that which had been taken
down by Mr. Goodman, the chief clerk, on the cases
already entered into.
Mr. Lewis requested to be informed whether it was
the intention of Mr. Bodkin to bring any further
charges against the prisoner, who ought in fairness to
be informed if any additional accusation were con-
templated ; and he proceeded to comment upon the
evidence of the witnesses in the four cases which had
come under the consideration of the magistrate. Ile
contended that there were not the slightest grounds
for attributing guilty knowledge to his client, who
had been for many years carrying on an extensive
trade as a refiner and dealer in plate, and who had
never once shown by his conduct, either as regarded
the articles in question, or any other good., the most
remote disposition to concealment or prevarication.
Mr. Bodkin left the cg.se entirely in the hands of
the magistrate. He said that, as to the question of
Mr. Lewis, on the subject of other cases and other
proceedings, he thought it necessary to state that in-
quiries were in progress into matters in which the
prisoner was interested, but further statement than
that he did not think proper to make. He, however,
assured Mr. Lewis that whatever steps the Govern-
ment might think proper to take, the prisoner should
be treated with perfect fairness. At the same time,
he must say that he thought the doctrine laid down by
Mr. Lewis was fraught with danger to the public.
Alderman GIBBS—The question has been left to
me by the Learned Counsel, and without observation
whether to commit or not to commit on the charges
which have been brought before me, I have to (state

---------- set
that I have paid the utmost attention to the subj
B+,
not Only as aff cting the interests of the public' but d
b reg. la I°
aff-cting the oh4rooter of the pri-on,,r,
stb:def,faacn.td that
courted iNlr.
aSni rricnivl
evsottl uganttiaertill ea , , ,:-.
„„ight brill
any other charges. which- the police
forward against him. The result has beat fonso:
sidering the amount of property, about three:"
his pre-
sand or four thousand pounds, found oPna ratbitit
mises, and that the only charges brought ;given, ere
before me, upon which evidence has been
modeglver of
such as might have occurred in the usual the
transacting business, that there is
was at all aware of the purchase of the articles, a
_a"
as they did not appear to have beenn:e
yo
fs utredhearre t6tesn:Tor
tially destroyed, or concealed, I consider it to be t 4
duty to discharge the prisoner. ugis-
Loud applause followed the decision of the fn
trate, and the prisoner was immediately set at liberty'
MARLBOROUGH-STREET. Wil.
Ferdinand Napoleon de Maillepree and Louis for,
helmina Teichert, two foreigners, were brought be of
Mr. Bingham, charged with having stolen articles
jewellery from different jewellers' shops. lice Citl
It appeared that Brett and Haydon, two Boiodi,
police-constables, on Tuesday last, about ten e'c loge
were in Cheapside, when the fParced°l, tol:pns:
they, prisoorer6 t:sgops
• il r$ iln
who had been going about pilfering in Jewe- fe ole•
and, as they answered theysadwestchreiption 0, Pe, a
other tradesmen's shops, they watched their ide end
the constables
The prisoners went towards the Stran
, blic'
constables saw them go together into 1: rrut ttsY
house in Bedford-street. After making a eil.,-tseett
the prisoners came out and went to Regearic'bront
where the woman went into the shop of igr*w- o tb°
jeweller, the male prisoner remained ourslue °
ho?
watch. Ina few minutes the woman came outof these,
and spoke to the man, and then hurried off in thekairtbe
of Hanover-square, followed imm tion
an 00"
male prisoner. The constable followed, - who,
trived to pass the prisoners in Hanover•Fcluare,,,'.o4,
not suspecting they were watched, were "6-1 rpea
some articles of jewellery. The prisoners the
into thn out,
into Regent-street, and went to ether
A nifill of another jeweller, named West.g Thai nen3e '
and went into several other jewellers anl',,ratiel
brokers' shops. Afterwards the prisoners r:e"td; the
into the Strand, and the male prisoner went Into
rid
pawnbrokers'-shop of Mr. Vaughan, the fern': PO
stoner waiting outside for a minute or tient e-d the
d
also went - in. City constable Brett folio stable,
woman into the shop, and told her be was a, eeftsslisg
ediately 4 s•
and she must consider herself in custody for
en,
a breguet key and gold locket. The 1°11; The
broken English, said, .. Me no steal anything; iu bet
constable asked her to give him what she ha" ' and
pocket. The female prisoner held up her drefs'pds
told him to take what was there. Witness -°ll
purse and 2i. Bd. in money. h Med
Police-constable Haydon corroborated t'ead the
going statement, and added that he corroborates pita
male prisoner into Mr. Vau han's shop, and tonsil
place a gold key on the counter,g
which the 5"." ibe
t ok
took up and began to examine. Witness -eh, key'
prisoner into custody on suspicion of stealing t—pert
The prisoner declared the key was his owl) Pr°. god
Witness searched the prisoner, and found tile
lockets and Is. in his possession' , 166'
Joseph Profage, assistant to. Mr. Conbrs-L (111
TRegent-street, said the woman came into the eiig)old
uesday morning last, and asked to look at slehelsl
lockets. A tray containing lockets, seals' 50-6 OP
d
was shown her, and the prisoner selected f',ll she
asked the price. He told her the price was 2,, aas. 610'
About
offered 18s., which being refused, she left t'lvdsil
out two hours afterwards police-constable '-';',
_.'pd 0
locket,
into the shop and showed him a gold keg' Wit'
found in the possession of the prisoner pro'
ness immediately recognized the articles as t,:- pre
party of his employer, and in the tray when Pe oat.
Witness
d it for the inspection of the female Prrogi,
itness examined the tray and ascertained the if IA
Charles Hayward, assistant to Mr. West, n,, leil
Regent-street,h said the prisoners came tOgetbe'„ gOO
thelockets.
op on Tuesday last, and asked to see 80°3"1, oP
cets. The tray was produced, and they tanothert
several lockets, passing them quickly to each -I rgs
a $ a
and making remarks. They asked for ~. t to:
enamelledfrid locket, as they said it was to Pre'l oh,
en , but, as witness had not one that Yiania Oa
they asked for one of the business cards, an alibi°
quitted the shop. Shortly afterwards police-qa'l6l,l
Haydon came to him with a locket tvnt,..tupritle
which had been found in the possession of tfehesa
ner, and which witness then discovered aa"
stolen from the tray. et tea
The female prisoner said she had drunk rat'hi-befe
Hieds uchhearitl htkoa
knowledge
toamwkoel rentdhigneeggo,
ofladtnhde key.rsoh e feared that Mig",t do-
ledbbTerhieesm
been merely asked by his
gold key, and he consented, not suspecting
A
wrong.
The prisoners were fully committed.
companionaalne dtoPsrsPiCaecbs,l-::10i

RAILWAY SHARE MARK.-
BRISTOL. Nov. 7, tber.op.';
STOCK EXCHANGE. —.l he market to-day vas "2 Oti
tive, but without much variation in price. via trarlse
were as follow :—Great Western, 69N—Litto,
Shares, 51 dis.—Midland, 41.
LI V EttPoOL. Nov. 7. weft,*
STOCK EXCHANGE.—The transactions to-daiforOod
follow :—East Lancashire, Bg—Lancashire
Consolidated, 4617.,—Ditt0, Fifths, 8 1-16 dis.—,r,„..-Yref
North-Western, 11714—Ditto. New Quarters, 2'/2 1•"/.
cheater, Sheffield, and Lincolnshire, 191 a —Ditt°:2i
Preference, 14, p.—Midland. 41 c.—Ditto, Halves,
an tern
6,04
South-Eastern and Dover, —Sheffield, R•l3'„,oter
Dir., par—York and North Midland, 22%--142'-
Carlisle, 611,6.
MANCHESTER, Nov. 7. dope
STOCK EXCHANGE.— There was a good buainessfogos!:„
day, and prices are firm. The transactions were alwia,..Vry
East Lancashire, B%—Ditto, Preference, Quarters, T sof to
cashire and Yorkshire, Fifths, 814—London trriaellesier.
Western, 117—Ditt7, New Quarters. 21,4 174—:i PP:tb•
Sheffield, and Lincolnshire, 19%—Ditto,
ence, 2s. 6d p.—North Staffordshire, 101.1 ";e'
egiote
Eastern and Dover, 19 11-16—Ditto (No. 4),
6 9-16.

RAILWAY TRAFFIC RETVII"'
~LPs`
MANCHESTER,,,,,
BUXTON, MATLOCK, AND
week
e 0
TION RAILWAY.—Return of Traffic for the If—
Nov. 3 :

Passengers, &c.
Merchandise

£56 1,2, 1
57
---- 0 0
Total £ll4 " 6
Corresponding week last year 108 Iv fe
LONDON AND BLACKWALL BAILWAT.--AMOUIIt ofro
"or the week ending Nov. 3 :
Passengers
Goods

7 5
Z;35 1 0
28 °
Total ... £763 1' 9
Corresponding week last year ... 652 14
11/"
NORTH STAFFORDSHIRE RAILWAY.— (Miles OrnCl3,
Return of traffic for the week ending Oct. 'l7 A 0
Railway and canal .., ....£1,735 0
Corresponding week last year "receiPts `Pest
Note.— The above is exclusive of the ,
under the agreement with the London and Noll°
Railway Company. 110
pa, for •
CHESTER AND HOLYHEAD RAILWAY...4'II.
week ending Nov. 3 :

MAIN LINE.

Passengers ...
Parcels, H. C. and D.
Goods, cattle, &c.
Mails ...

1
..• £1,048 14 1 9
71 11 8
•••
461 ' 0
-
•••
575 ..,
-------1
••• £2,164 15

Total