The Sun.
London, England, 1845-01-13 00:00:00

VALPY ♦ND ANOTHER Y. MANLY AND ANOTHER.

This was an actio❑ involving a question of impor-
tance. It was brought by the assignees of a bank-
rupt against the sheriff.; of Stafford for moneys
had anci received. The defence was that
no moneys had been received. The circumstances
were these. A brewer, in Itudgley, Staffordshire, having
been in difficulties, allowed judgment in an action of
debt to go by default ; but having received an intimation
that execution had issued in that case, made over his
property to trustees for the benefit of his creditors at large.
On the day when this act of bankruptcy was committed,
the officer of the sheriff took formal possession under the
execution. The fiat of bankruptcy issued immediately,
and the assignees paid the sheriffs, under a protest,
against the legality of this seizure. They then brought
this action to recover back the money, 3701., and a ver-
dict was given for the plaintiffs at the last assizes; the
Learned Judge, Mr. Justice Erle, giving leave to move
for a new trial, to have the opinion of the court as to the
legality of the seizure.
Mr. Sergeant TALFOURD now obtained a rule nisi
accordingly.

COURT OF EXCHEQUER, Jan. ii.
(Sittings in Banco.)
The Court commenced its sittings in Westminster Hall.

HUBBARD V. PHILLIPS.

This was a motion for a rule to show cause why all
further proceedings in this action should not be stayed,
and the plaintiff's attorney ordered to pay all costs in-
curred. The ground of the application was, that the
plaintiff's attorney had instituted the proceedings with-
out the plaintiff's authority, and that he was not justi-
fied, under the circumstances, in using his name. • The
plaintiff, Mr. Hubbard instructed his attorney, a gentle-
man of the name of Lloyd, to commence an action
against a person named Jones. When the matter had
arrived at a certain point, a correspondence took place,
the result of which was, that the attorney recommended
his client to discontinue the action. To that the plaintiff
assented, and the attorney having made out his bill of
costs, it was paid by the defendant. It appeared that
the action afterwards proceeded without any autho-
rity from Mr. Hubbard, and writs having been
issued, the defendant was taken into custody.
The defendant, however, having fallen with the sheriff's
officer, into the hands of the Rebeccaites, was rescued by
them from custody; and the attorney now brought an
action of escape against the sheriff of Carmarthenshire,
in which county the rescue occurred. The application
was supported by the affidavit of the plaintiff himself,
who swore that the action was brought without his
knowledge or concurrence.
The LORD CHIEF BARON said there were several
instances of the kind, in which proceedings had been
stayed, and the attorney himself had been compelled to
pay all costs.—Rule granted.

SMITH V. BOND.
This was a qui tam action brought to recover penalties
from the defendant under the statute of Anne for having
won money at gaming. The case was tried in 1840, when
a verdict was returned against the defendant for pe-
nalties amounting to 3,0001. In April last Mr. Baron
Gurney granted an order directing the plaintiff's attorney
to deliver to the defendant's attorney the particulars ~f
the place of residence, occupation, and profession of his
client, the plaintiff. This was done, but it was found that
the plaintiff did not reside at the place described in
the palticulars. Upon this the defendant obtained a rule
for an attachment against the plaintiff for contempt, in
having attempted to practise a deception on the Court by
a mis-statement as to the place of residence.
Mr. LUSH now showed cause against the rule, and sub-
mitted that there had neither been contempt nor misde-
scription. The place described was a lodging, for which
the plaintiff paid rect, whereat his letters and parcels
were directed and received ; but he admitted that he
did not reside there.

Mr. Platt and Mr. Butt were heard in support of the
rule.
The Court eventually discharged the rule, although
they thought the plaintiff was not free from blame. The
costs of the rule to be paid by the plaintiff.

LONDON ADJOURNED SESSIONS.
(Before the RECORDER, Aldermen JOHNSON, CHALLIS.
and MOON).
LIABILITY OF CHAPELS AND SCHOOLS TO BE RATED TO
THE POOR-RATES.—HILLS APPELLANT.—THE PARISH

OF ST. LEONARD, EASTCHEAP, RESPONDENTS.
This was an appeal against a poor-rate, made by the
churchwardens and overseers of the parish of St.
Leonard, Eastcheap, on the 7th c: June last.
Mr. BODKIN, who appeared on behalf of the re-
spondents, stated that the grounds of appeal, as stated in
the notice, were, that a certain chapel and house, in the
Al/ 914.1

occupation of. Mr. Culling, J. R. Mills, and John God-
frey, oil Fish-street Hill, known as the Weigh-house
Chapel and School, or, Dr. Binney's Chapel, was not
rat,-d to the poor. That notice was insufficiont, and the
appeal could not be supported.
Mr. CLAnxsoN, who appeared for the appellant, said
he could not support the appeal, he would admit, on the
grounds stated by Mr. Bodkin ; he should ask that the
appeal be struck out for want of sufficient notice, and
the appellant could appeal again.
The appeal was then struck out.—Costs refused.

POLICE INTELLIGENCE.
(SATURDAY.)
MANSIOIV-HOUSE.

Three men, named respectively Howell, Smith, and
Franklin, the last being a young man of colour, were
brought before the Lord Mayor charged with having
committed a burglary in the George and Vulture
note], in George-yard, Cornhill. The justice-room
was crowded during the investigation.
Eliza Ann Hughes stated that she was in the ser-
vice of Mr. Warrener, the proprietor of the George
and Vulture Hotel, and that at a little after ten
o'clock on Friday night, upon going up stairs, she was
surprised at finding that the door of No. 6 bed-room,
which had been locked, was then unlocked ; that she
went in, and did not immediately see anybody, but
upon turning round, she beheld, to her great astonish-
ment, the two prisoners, Howell and Smith, whom
she had never seen before ; that she asked them what
they wanted there, to which they replied, they wanted
Mr. Gattier, a gentleman who lodged in the hotel ;
that she ran out, screamed, and came down stairs,
and that the two men followed, and overtaking her,
put their hands upon her mouth ; that she thrust her
hands away, helloed out, and that Mr. Warrener then
made his appearance, and took them into custody.
Mr. George Warrener, who appeared with his arm
in a sling and his eye blackened, stated that at about
ten minutes after ten o'clock he heard the screams of
the last witness, and upon running to •her assistance,
saw the: two prisoners, Howell and Smith, and imme-
diately seized them. They violently resisted, struck
him violently, and not only blackened his eye, but
sprained his thumb and wrist. They were, however,
secured and taken to the station-house. Franklin,
the third prisoner, had been seen by one of the
waiters lurking about the hall of the hotel part of
the house.

Edward Fitzgerald, a waiter at the George and
Vulture Hotel, stated that a little before ten o'clock
he saw the prisoner Franklin in the servants' hall,
and asked him what he wanted, to which he replied
that he took the place for a beer-shop, and then
walked away. Upon witness's return, he again saw
Franklin, a few minutes afterwards, near the same
spot, and observed him walk away down George-
yard.
Inspector Merchant deposed that at half-past ten
o'clock Howell and Smith were brought in custody
to the station-house, in Tower-street, upon the charge
of housebreaking. Witness went to the George and
Vulture Hotel to ascertain whether any property had
been removed, and upon looking about the neighbour-
hood found a cab waiting in Lombard-street. The
cabman stated to witness that he was waiting for
three gentlemen, and witness sent him to the station-
house, where he identified Franklin, who was subse-
quently apprehended. Upon Howell some keys were
found, one of which opened the door of the bed-room
in which that prisoner and Smith were found by the
servant girl.
Isaac Florry (a City policeman) deposed that he
searched the lodgings of Smith and of Howell. In
Smith's room he found a number of duplicates, and
he observed evidences of poverty. In Howell's lodg-
ings he found some keys.
While the last witness was giving his testimony,
Smith and Howell declared the police were prompt-
ing Florry.
The LORD MAYOR desired that no one should
communicate with any person giving evidence.
Nothing could be more prejudicial to the ends of
justice.
Mr. Filix Getter was next examined. He is a
French gentleman, and his evidence was translated
by an interpreter. He stated that he occupied the
bed-room, No. 6, in the George and Vulture Hotel
during the last two months. He had double-locked
his bed-room door at half-past five on Friday evening,
and taken the key into the bar. Upon going into the
room after the apprehension of Howell and Smith,
he ascertained that he had lost two rings, which he
placed on his toilet. One of them represented a
serpent, and the other was a small topaz, but neither
was of much value.

The Loan Marott—Have you any knowledge of
any of the prisoners? The witness said he knew
mithintr of any of them, l.ut it struck him that
Franklin was the son of a man who made clothes for
him.

Henry Taylor, a cab-driver, stated that three gen-
tlemen, of whom Franklin was one, called him off the
St. Paul's rank, in Cheap'ide, at nine o'clock, and got
into his cab, telling him to drive to the neighbourhood
of the India House, when two of them got out, leaving
Franklin in the cab. Witness was then desired to
wait near George yard. Franklin, about twenty
minutes afterwards, got out, and about ten minutes
subsequently returned and got into the cab again, ob-
serving that his friends were staying a long time, but
he would see witness paid. At about ten o'clock wit-
ness saw Franklin go up George-yard, but never saw
him afterwards until he went to the station-house.
Witness could positively swear to the identity of
Franklin, but he could not swear that the other pri-
soners were the persons who were Franklin's com-
panions.
The LORD MAYOR—WeII, prisoners, what have
you to say in answer to this very serious charge?
Howell—l don t know anything of these two men
(the other prisoners).
The LORD MAYOR—What took you into the room
in the hotel ? Howell—l merely just walked into the
hall, and I heard a scream, and Lwent upstairs to bee
what was the matter. I thought the police ought to
be sent for, and I wished to know if that was the case,
when the gentleman thought proper to collar me.—
(A laugh.) I said to him I knowed nothing of any-
thing. lam quite sure the servant girl can't swear to
me. I wasn't in no room at all.

Smith—Please, your Lordship, I was so very tipsy
that I didn't know what I was about at all. 1 havn't
got the least recollection of what passed.
The LORD MAYOR—You were so far gone in drink
that you don't recollect how you got into the house
at all ? Smith—Just the case, my Lord.
The LORD MAYOR—What does the servant girl
say to that ? Eliza Ann Hughes—He s.!emed as if
he was tipsy after he was apprehended.
The LORD MAYOR—How did he appear to be when
he spoke to you in the bed-room ? Eliza Ann Hughes
—Not at all tipsy.
The LORD MAYOR—WeII, Franklin, what have
you to say ? Frankhn—l was so very tipsy last
night that I have not the least recollection of any-
thing at all ; but I know nothing at all of these two
gentlemen next to me.—(Laughter.)
The LORD MAYOR—I shall remand the prisoners
till Thursday.
Here a person, who said his name was John Field,
and that he resided in King-street, begged that 'the
Lord Mayor would allow him to make a statement,
as he had been robbed of all he possessed on the
evening of the same day on which the burglary had
been committed. He kept, he stated, a cotree-shop,
which he had let to the father of Franklin, a foreman
to a tailor. Another son of the old man had been
backwards and forwards to applicant's house, and on
Friday morning his bed-room had been entered and
plundered of coats, waistcoats, trousers, and silk
dresses.
The applicant was then directed to attend at the
next examination of the prisoners on Thursday next.