The Sun.
London, England, 1844-12-10 00:00:00

THE SUN, LONDON, TUESDAY EVENING, DECEMBER 10, 1844.

TRIS. DAY'S NEWS

PRIVY COUNCIL.-(THIS DAY.)

THE LIEUTENANT-GOVERNOR OR GUERNSEY.

The Committee of the Privy Council for the affairs of
Guernsey sat to-day, by special appointment, in the
Council Chamber, Whitehall, for the purpose of con-
sidering the petition of the bailiff and jurats of the Royal
Court of the island of Guernsey, with respect to the
conduct of the Lieutenant-Governor of the island, Maj or-
General William Napier. The Lords of the Council
forming the Committee were the Lord Chancellor, Sir
James Graham, Mr. Baron Parke, the Chancellor of the
Duchy of Cornwall, and the Judge of the Admiralty
Court.

Mr. Burge, Mr. Stuart Wortley, and Mr. De Saumarez,
appeared on the part of the petitioners.
Mr. Roebuck and Mr. Waddington were council for
the Governor ; and
The Solicitor-General, who was accommodated
with a seat near their Lordships, appeared as assessor,
and also to assist the Court. The principal charges
against the Governor were, that in August last he ex-
pelled a man from the island of the name of Isidore Le
Comte, a subject of the King of the French, without
trial. The petitioners, considering the adoption of this
course an infringement on their rights contrary to the
laws of the island, requested a conference with the Go-
vernor, which he appointed to take place oa the 9th of
October last, at his residence, Haviland Hall. Conform-
ably to that appointment the Court waited on his
Excellency, when, to their surprise, he stated
that he had certainly granted a conference in
the case of Le Comte, but that as her Majesty's repre-
sentative, the highest authority in the island, he would
communicate with the Court through the bailiff alone,
and desired that officer to say if he was fully prepared
to deliver the sentiments of the Court, and upon the
bailiff replying that ho could not in this manner state
with certainty the sentiments of the jurats, he was told
by the Governor that they had better return to their
Court-house and reconsider the matter, when another in-
terview might mire place. This was accordingly done.
The course pursued by the Governor was considered un-
constitutional, and it was resolved not to accede
to the Lieutenant-Governor's terms, as uncon-
stitutional, and contrary to the spirit and in-
tent of the law. On the return of the Court to
the Governor, he refused to hold any conference except
as he had stated. Under these circumstances the peti-
tioners had presented their petition to the Queen, pray-
ing that her Majesty would be graciously pleased by her
order to declare that, in conferences in future to be held
by his Excellency the Lieutenant-Governor and the
bailiffs and jurats of the Royal Court of Guernsey, all
parties should take part ; and the petitioners also prayed
that her Majesty would declare that in the case of an
alien domiciled in Guernsey, charged with any ordi-
nary matter not of a higher nature than a private
offence, not concerning the State, that he should
be dealt with according to the common course of
the law of the island, and should not be
liable to be expelled without trial. The other petition
stated fresh aggressions, as the petitioner considered, on
the part of his Excellency, on the laws of the island—
namely, that his Excellency on receiving the warrant of
a pardon, in favour of a prisoner named Thomas Fossey,
did, in violation of the constitution of the island, send for
soldiers to force the gaol, thereby substituting military
force, in lieu of the arm of the law ; and that instead of
acknowledging the irregularity of this proceeding, he
instructed the law officers of the Crown to prosecute the
porter and turnkey of the gaol for disrespect of her Ma-
jesty's warrant, in hesitating to liberate the convict on
the application of his Excellency and exhibition of the
warrant. The petitioner, therefore, in this petition
prayed that her Majesty would be graciously pleased to
instruct and direct his Excellency Major-General Wm.
Napier to regulate his future acts in the government of
the island conformably to the laws, customs, and char-
tered rights of the inhabitants; and further, that her
Majesty would be graciously pleased to declare, in ac-
cordance with the Order in Council on the 30th of June,
1608, that it was not fit or convenient that the Lieu-
tenant-Governor should exercise any martial jurisdic
tion contrary to the usual course *of justice, except it
was in time of war or hostility, or for the suppressing
or avoiding some imminent danger likely, to ensue to the
island ; and also, that her Majesty would declare her
gracious purpose not in any way to suffer the common
course of justice to be superseded by military force.
Both these petitions now came on for argument, and
Mr. BURGE, on behalf of the petitioners, occupied
their Lordships the whole morning with his arguments.
None of their Lordships appeared in their official robes.

VICE-CHANCERY.—(THIS DAY.)
(Before Sir J. K. BRUCE.)
NICROLLS V. SPOTTISWOODR.
Mr. ANDERTON opened this case this morning. It
comes on on a demurrer by the defendant to a bill filed
by the plaintiff, Colonel Nicholls, on behalf of himself
and other parties, creditors of Mr. Alaric A. Watts,
praying the order of the Court to compel the defendant
to furnish an account of certain alleged debts and secu-
rities held by him, and which are stated to be due to
the said Alaric A. Watts, formerly editor of the United
Service Gazette, and available as assets for the benefit
of his creditors. The suit arose from transactions be-
tween Mr. Spottiswoode and Mr. Watts, extending over
a series of years. The present demurrer was moved by
the defendant, on the ground both of want of equity
and want of parties. In support of it it was argued
that a trust-deed entered into between Mr. Watts
and his creditors was a deed of arrangement by-
which he undertook to pay, in instalments.
within the space of three years, a sum of 1,5001., and
to effect a policy of insurance on his life to that timount.
as a security for it, though the deed contained no ex-
press recital that the insurance was to be effected as such
a security. Before the three years expired, Mr. Watts
paid the 1,5001. One of the debts was due to two gen-
tlemen, named Spalding and !lodge, and they were called
partners in the deed, which, however, being only exe-
cuted by one of them, it was alleged that the other should
be made a party also.
Mr. HALLETT followed on the same side.
His HONOUR said the alleged want of equity was im-
possible—it was impossible for Mr. Watts to render the
deed void, by omitting to pay the sum mentioned in it.
The deed was a covenant to pay 1,5001. at certain times
within three years, and to effect a policy of insurance
for the single purpose of paying it ; the allegation was,
that at certain times within the three years, which had
not expired at the time the original bill was filed, this
1,500/. was paid and accepted by the trustees under the
deed, who held the money accordingly ; there was also
an allegation that these very trustees had admitted
the deed to be void ; the demurrer, therefore, for
want of equity was nothing. Then with regard to par-
ties, it was said that the assignors ought to be before
the Court; as the creditor's debt was absolutely released
by the assignee, the assignment was in the nature of an
equity, and the assignor of an equity was not, accord-
ing to general rules, necessarily a party in the case.
One of these debts was a partnership debt, and in the
deed they were stated to be partners ; without at all
questioning the law as laid down in the cases cited, he
did not apprehend that they had any application to
cases of this description, where they were dealing with
an equity, and one belonging to partners, in respect to a
partnership debt, both having agreed to sell it, though
only one of them executed the deed. For every sub-
stantial purpose of the bill both the partners were
bound. The demurrer was bad, and must be overruled
*LI) costs.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius at the Guildhall, before Lord
DENMAN and a London Common Jury.)
WARREN V. JAY AND ANOTHER.
This was an action brought against the owners of the
vessel Amelia, to recover compensation fur the damage
done to certain quantities of wheat, flour, and malt, the
property of the plaintiff, which had been shipped on
board the Amelia, and which had been damaged, as
was alleged, in consequence of the delay occasioned by
a deviation made by the Amelia in the course of her
v4,yage. The defendants pleaded that the deviation was
justifiable.
Mr. Whately appeared for the plaintiff, and Mr. Platt
for the defendants.
It appeared that the Amelia, with the plaintiff's wheat,
flour, and malt on board, sailed from Yarmouth for

Liverpool, on the 22d of July, in company with
the ship Martha ; they proceeded to Dungeness toge-
ther ; while at Dungeness the Amelia proceeded to ren
der asistance to the Jane, of Sunderland, which was in
distress. On her coining up to the Jane, it was disco-
vered that the vessel was deserted, there was no
human being on board her. Under thi-eco circum-
stances the Amelia took possession of her, and carried
her-into Dover, whereby her owners and crew became
entitled to salvage, and the Martha proceeded on her
voyage. The Martha arrired at Liverpool on tLe 4th
of August, and the Amelia did not arrive until the 20th.
On her arrival it was discovered that the flour was
perishing and the wheat heated, and the damage thus
done which was attributed to the delay, was estimated
at 631. The markets also were lower on the arrival •f

the Amelia than they were on the arrival of the ➢Ertha
Lord DENMAN in summing up, said that the duty of
saving human life was paramount to every other, and a
deviation for the purpose of assisting a ship in distress
was justifiable ; but when it was discovered that the ship
in distress was deserted, and that there was no human being,
a continuance of that deviation for the purpose of saving
property merely, and to get salvage, was not justifiable,
• inasmuch as it was the duty of persons in such a situa-
tion to take care of the property entrusted to
them rather than of the property of others. If they
believed that the damage done to the plaintiff's proper:),
was caused by the deviation, then they would find for
the plaintiff, but if they believed it was not so caused,
they would find for the defendants.
The jury retired to consider their verdict, and after
an absence of two hours and a-quarter returned int
Court with a verdict for the plaintiff—Damages 513/. 6s.

COMMON PLEAS.—(THIS DAY.)
(Before Mr. Justice ERLE and a Common Jury.)
THOMPSON V. ALDER.
This was an action of slander, brought under the fol-
lowing circumstances :—The plaintiff is a tobacconist
and cigar dealer, keeping. a shop in the Old Kent road.
The defendant is a naval officer, retired on half-pay.
Mr. Alder has two sons, who, as it appeared in evi-
(knee, were in the habit of passing much time in Mr.
hompson's shop,
and smoking daily a good many
cigars. This was related to Mr. Alder with some, as
nltimately Droved, unfounded additions, one of which
was, that die younw getitlanea were allowed by the
plaintiff to have letters addressed to them at his shop by
ladies. Upon this information the defendant went to
the plaintiff's house and reproached him, in rather un-
measured language, with keeping an improper house,
and encouraging young men in TY ofligate courses. This
laogliap.e c( instituted the matter of the slander, for which
the proseat action wro brPtlght",? 13ttt mr.4lder. haying
subsequently learned that be had been misinformed as

to the charartr of the plaintiff's house, and that there
s as no foundiition in Ihe statement that letters addressed
to his sons by women wi re ret en-eel there, he wrote
through his solicitors a most ample retractation of the slan-
der, saying that he felt bound, es a man of honour and a
gentleman, to apologise for having been betrayed by his
feelings, as a father, to make such unwarrantable
charges against a respectable tradesman. The action
however proceeded.
Mr. Sergeant Downing, with whom was Mr. Words-
worth, conducted the plaintiff's case ; and Mr. Sergeant
Shea addressed the jury at some length for the derend-
ant, complaining severely of the conduct of the plain.
tiff, in allowing the case to go on for costs, after receiving
such ample reparation.
Mr. Justice ERLE, in summing up, told the jury that
they must find for the plaintiff, as the cause of action
was admitted. But in doing so they must set the repa-
ration against the injury, and, perhaps, very small da-
mages would satisfy the justice of the case, which ought
scarcely to have proceeded io far, after the very proper
and ample apology which the defendant had tendered.

.
The -jury found for the plaintiff—Damages, V One
Farthing.

SHERIFFS' COURT.-(THIS DAY

NOKES AND ANOTHER V. WELLS.
This was an action for goods sold and delivered, and
for money received.

It appeared that in the course of May, 1842, the plain-
tiffs, Messrs. Nukes and Burke, determined on taking a
booth at Epsom, at the time of the races, and pur
chased some wines, ales, and stout of defendant, fur the
purpose of selling them there. It was agreed that the price
of these wines was to be paid thus :—The whole receipts
of each day were to be handed over to Mr. Wells at night
until the debt was paid. Subsequently, however, a bill
of exchange was drawn by a person of the name of
Millar, or a friend of his, named Low, and indorsed by
Messrs. Nokes and Burke to Mr. Webb. This bill was
in satisfaction of this debt. After the conclusion of the
races, a quantity of wine remained unsold, which de-
fendant had agreed to re-purchase of them. It was on
account of this transaction that the present action was
brought.

Mr. THOMAS appeared for the deft ndant, and pleaded
as a set-off the original debt, which it was answered,
on the part of the plaintiff, was paid by the bill of ex-
change.

The jury retired to deliberate, and, after about an
hour's consultion, gave a verdict for the plaintiff—
Damages, 15/. 18s.

MARLBOROUGH-STREET.
(THIS DAY )
In consequence of a report having been circulated in
the neighbourhood of this Court, that last evening the
police, under the direction of Mr. Superintendent Beres-
ford, of the C division, had effected the capture of another
set of gamblers, at one of the " hells in Leicester-
square, a large crowd of persons assembled this morning
round the station-house in Vine•street, Piccadilly, in ex-
pectation of seeing the prisoners brought out. The
Court was also exceedingly crowded by parties to hear
the examination.

This rumour appears to have originated under the fol-
lowing circumances :—During the last week the officers
of the Sheriff have been is possession of the Hotel de
Provence, No. 18, Leicester-square, under a bill of sale,
1,500/. having been advanced on the property. Yester-
day the present occupant of the premises, assisted by a
gang of fifteen or twenty labourers, locked up all the
rooms of the hotel, refusing to let the officers
in possession go in or out. One of them,
named John Applebee, during a skirmish last
evening, was violently assaulted by the cook of the esta-
blishment, Joseph Magora, who was given into the
charge of the police. Considerable violence was dis-
played by the ejecting party, and a large crowd of per-
sons was collected round the hotel, and remained there
for hours. At length it was found necessary to station a
body of police there to preserve the peace.
On the case being called on, the complainant stated
that he wished to withdraw his charge, which Mr.
Hardwick assented to, and the defendant was of course
liberated.

HEATING THE LOCK-UP CELLS.-Mr. Hardwick has
humanely ordered, that during the present inclement
weather, the lock-up cells shall be heated night and
morning with fire pans.

LLOYD'S SHIPPING-(THIS DAY.)
LONDON, DEC. 10.—Wind, cold northerly breeze,
and cloudy.
DEAL, DEC. 9.—Wind E.S.E. to N.E., fresh.—Sld.
Indian, Launceston; Stratford, Ichaboe; Hebden, Icha-
boe; Rowena, Gambia; Canada, New Orleans; Fortune
St. John's, New Brunswick. ,
OFF PENZANCE, DEC. B.—Renown, Donald, Laun-
ceston, sld. July 23d.
NEWPORT, DEC. 7.—Sld. Elizabeth Beynon, Grenada;
John Horley, Jamaica.
HARWICH, DEC, 7.—Arrd. Thirsk packet, 'London
for Stockton, with lose of bowsprit, &c.
BRISTOL, DEC. 9.—The Union packet, Williams,
hence to Goole, foundered off Padstow, on the 6th inst.,
having been in contact with the Illagdelina, arrived in
the Channel from Hamburgh; three men drowned,
master and a boy saved.
SHEERNESS, DEC. 9.—The Voyager, Duncan, Nelson,
Tomlinson, and several other colliers, some with loss of
anchors, have put into the harbour, bound from London
to the north.
PORTSMOUTII, DEc. 9.—Wind N.E.—Arrd. Great
Liverpool steamer, Alexandria, left 23d ult., Malta 27th.
I'Lvmou'rn, DEc. 9.—Wind E.N.E.—Arrd. Courier,
de la Seine Inferieure, Gabon, for Havre ; Newham,
Armstrong, Callao, and not the Hymen, as reported;
Siegmund Caesar, Poung, Rio for Bremen ; Alexander,
Liddell, Quebec for Hull.
PENZANCE, DEc. 7.—Fanny, Batavia, for Rotterdam,
Alexander, New York, for Havre.
BRISTOL, DEC. 9.—.Arrd. Delos, Wagstaff, Africa ;
Victory, Reid, Quebec.
LlvEaeoon.l)Ec. 9.—Wind S.E , light.--Arrd. High-
land Mary, Quebec. Sld. Princess Royal, Calcutta ;
Greenock, Mobile. Off, Cumana, Calcutta ; New
Hampshire, New Orleans.
llAnwicu, DEc. 9.—The schooner Hero, Smith, of
and from London to Amsterdam, was totally wrecked
last night on the Andrew's Point ; crew, except one,
drowned ; greater part of cargo lost.
STROMNESS, Nov. 27.—The Thomas, Price, of Sun-
derland, ashore in Hoy Sound, beat over the rocks this
morning, and has become a total wreck.
LOWESTOFFE, DEC. 9.—The weather having mode-
rated, the cargo of the Triune has been landed in a very
damaged state.
IVENHOE, DEC. 9.—A quantity of wreckage has
come ashore at Walton-in-the-Naze ; amongst them is
four tons of castor oil, a case of shellac, marked " S. L.,
C. N. C., No. 22," also a figure-head, with a yellow
epaulet, and an arm painted blue, holding a pistol. It
is supposed to belong to some vessel lost in the Ship-
wash Sands.
Coax, Dec. 7.—Arrd. Brocket, Nixon, Valparaiso ;
Ellice, Burnett ; and Roseanna, Chrichton, Ichaboe.
THE GUANO TRADE.—Adviees received this morning
from Ichaboe to Oct. 3, state that there was at that
date upwards of 300 vessels lying at Ichaboe, and that
four or five vessels were loading at each pit, and ves-
sels were arriving daily. A previous letter, dated Sept.
20, states that there was sufficient guano on the island
to load all the vessels that could be loaded for the next
six months at the then rate, but, on the 3d October, it
was believed there was not more guano left than would
be required to load the amount of shipping lying there
at that time. Stages for shipping the guano had been
erected wherever they could be placed. The Anne,
Mearnr, and Josephs (Scotch), arrived there on Oct. 3,
from Liverpool. The Mary, Kingston, and Alhambra,
of Liverpool, had sailed ; also the Hawk, Thomas Nay-
lor, and Rambler. The following were amongst the
vessels loading :—The Superior, of London ; Princess
Victoria, Hopkinson, and Britannia, all of Liverpool ;
Sarah Fleming, Clydesdale, Constellation, Chieftain,
Ellen. Amongst the ships not commenced were the
Maid of Mona, Culzien Castle. and Elizabeth.

FRIGHTFUL DRAY AccEDENT.---Last night about
e;ght o'clock the following melancholy and frightful
accident took place in the Blackfriars-road, to a man
named Joseph Monk, a drayman in the employ of
Messrs. Whitbread and Co., the extensive brewers of
Chiswell-street, which it is feared will terminate fatally
in the course of the day. The unfortunate man was
sitting on the near shaft driving, and on nearing Wel-
lington-street, he by some means tell under the wheel,
which passed completely over his head. Several of the
foot-passengers who witnessed the dreadful sight ran to
his assistance, and carried him into the shop of Mr.
Vinin, the surgeon of Blackfriars••road, who found that
his skull was fractured in a most extensive manner. Mr.
Vinin immediately rendered every aid, and extracted a
portion of the skull (about three inches square) which
had penetrated the brain, and was completely exposed.
The injurie; he had rece'ved were of such an extensive
character that Mr. Vinin ordered his removal to Guy's
Hospital, where he now remains under the care of
Messrs. Cock and Hilton, the house-surgeons, who have
been unremitting in their attention to the unfortunate
man, whose death is hourly expected. At twelve o'clock
this day he was still alive, and, strange to add, quite
sensible, to the great astonishment of all the medical
gentlemen connected with the hospital.
THE ATTEMPT TO POISON A WHOLE FAMILY.—
In our last we gave the particulars of the first examina-
tion of John Wall, of Oadby, framework-knitter, on the
charge of attempting to kill his mother, father, and
brother, by administering arsenic to them, in order, as
is supposed, to obtain possession of 3001., to which him-
self and his brother and sister were entitled on the death
of their mother Rumours were afloat, in the meantime,
that he had been concerned in another attempt of the
same atrocious character, by which he sought to
rid himself of the expense of maintaining an illegi-
timate child of his wife's. by the same means, and
it was ascertained, on inquiry, that a few weeks
prior to the attempt on the life of his father,
mother, and brother, the child had been taken sud-
denly ill, under such suspicious circumstances. On the
prisoner's examination on Wednesday, the legal evidence
requisite for a committal in the first case was not pro•
(Need, and the second case, the charge of attempting to
poison the child, was then partially gone into. It ap-
peared that, on the 24th of September the prisoner's
wife left home, leaving a child whom she had before her
marriage with Wall, in the care of a boy. During her
temporary absence the boy saw Wall put some white
powder into some milk which had been boiled for the
child, and on telling him what he had seen, Wall reached
down the salt from the chimnenie", and said that was
what be had put in the milk. As the evidence was in-
complete on both charges, and it is anticipated that
additional facts will be obtained, the prisoner was re-
manded to Monday. The prisoner maintains a dogged
silence.—Leicester Mercury.
Baron Rothschild has b• come the purchaser of
the whole of the red deer belonging to the late Hon.
Charles Stuart Wortley. The herd was last week re-
Wired P 4 the Noble Baron's seat ie liedfordshire.