The Sun.
London, England, 1828-07-29 00:00:00

SUMMER ASSIZES.

STAFFOIII), JULY 25.
GARNER V. SHELLY AND OTHERS.
This was an action brought by the plaintiff to re-
cover 131. Os. which the defendants had received to
and for the use of the plaintiff.
Mr. TAUNTON stated, that the defendants in this
ease were stewards of the Yoxall Friendly Benefit
Society, and the plaintiff was a respectable surgeon
and apothecary, who had been appointed surgeon to
the Society at its establishment in 1821, and con-
tinued as such, attending and taking care of the
members of that society down to August, 1826, when
he was improperly dismissed by the committee of
the Society ; indeed, notwithstanding the dismissal,
he had continued his unremitting attention to the
members requiring his care down to the present time.
The society consisted of 103 members, and the rule
was, that each member should pay to the gentleman
appointed the medical attendant three shillings per
:annum, as a satisfaction for his attendance on the
member and his family. Although the rule was to
.pay the 3s. to the doctor, the custom had been to
pay the stewards of the Society ; and the defendants
having in that capacity received the money to which
the plaintiff was entitled, he was compelled to bring
this action to enforce the payment. In August, 1826,
,the defendants took upon themselves, without con-
Hsulting the members of the society, to dismiss the
laintiiT. The only motive for this act was, that he
'had offended one of the committee. The power
thus assumed was perfectly unauthorized, and so
much was it against the wishes of the members, that
on the plaintiff sending round to the different mem-
'bers to ascertain their feelings towards him, 73 mem-
bers signed in his favour out of the 103 ; and at a
general meeting summoned for the purpose of taking
the matter into consideration, at which 67 members
attended, 53 voted for the plaintiff, 11 declined vot-
ing at all, and only three voted against him.
Mr. Isaac Brabbina, one of the stewards of the
Yoxall Benefit Society, produced the books, and
various extracts were read from them in support of
the plaintiff's ease.
Evidence was then given by two assistants of the
plaintiff's, that he had continued to attend the mem-
bers of the society to the present time ; it was also
proved that he had demanded payment of the sum
in question from the defendants, and they had re-
fused to pay.
Mr. JEnvis addressed the Jury for the defendants,
contending that they were authorized to dismiss the
plaintiff.
After some deliberation, the Foreman of,t,lie Jury
returned a verdict for the plaintiff, 15/. damages,
stating they thought the plaintiff an injured man.
BECK V. SIRDEFIELD.
This was an action brought by the plaintiff, a mer-
cantile traveller, to recover from the defendant, an
innkeeper at Stafford, the sum of 26/. for a gig,
which he had purchased of the plaintiff. Verdict
for the plaintiff—Damages 201.
JULY 28.
Mr. Lavender, the indefatigable and humane Go-
vernor of Worcester Gaol, has arrived here express,
to lay before Mr. Justice Gazelee certain particulars
relative to the unfortunate man, named Cheese, who
was left for execution, for an alleged violation. The
worthy Governor having heard that there were some
suspicious circumstances about the character of the
girl who was the accuser, went to Kidderminster,
and other places, where he procured affidavits shew-
ing that she was of the most abandoned character.
In consequence of this, Mr. Justice Gazelee, on
consultation with Mr. Lavender, granted a respite,
and it is expected he will no doubt grant a reprieve.
Nothing but the humanity and exertions of Mr. La-
vender has saved the unfortunate man's life. Since
the conviction, and the destiny to which the pri-
soner was assigned was communicated to him, he
persisted in the most. solemn assertions that the girl
consented to the intercourse which had taken place.
These protestations were made not only to the visit-
ing Magistrates, but to Mr. Lavender and the chap-
lain of the gaol. In one of the affidavits it was
positively sworn that the girl had confessed that she
should not have made any noise but that some
people were coming. Another affidavit'stated that
in a conversation with her, the deponent said, " You
don't mean to hang the man, do you.?" To which
e7e Ofohr, rola tet
eorul:f thhaa?,g fauiriohtheetru;rnledcomuldy
Itengrempl)i,eldin,
aunt out of bed one night, and did th
e
same me just
satne as Cheese did."
The Assizes continue going on here but slowly.

THE MARQUIS OF ANGLESEA.-It is said,
upon very goad authority, that important despatches
were received from Lord ANGLE:SEA on Tuesday last, by
the Government. The contents have not circuuistan
tially transpire 1, but it is alleged that if the Ministry do
not, during the recess of parliament, take the state of Ire-
land into consideration, with the view early in the next
Session to originate or consent to emancipation, the Noble
Marquis will not consider it compatible with the purpose
for which he accepted the Viceroyship, under Mr. CAN-
NING, and consented to retain it when the Duke of War.-
LINGTON became Premier, to remain in office, and that he
will, in justice to himself, resign, the welfare and sta-
bility of the enipire being, he considers compromised by
withholding the ineaEnre.—Dublirs Freeman's Journal.

LEITH DOCK ACTS SUSPENSION BILL.

A General Meeting of the Inhabitants of
Leith was held there on the 18th inst. to receive
a Report from a deputation which had been sent
to: London to remonstrate against the injustice
'Of a...ti1l having in view so direct a violation of
exiSting, engagements, and with the course of
justice, there being' suits pending at the instance
of those interested in the trade of the Port of
Leith, against the Town Council of Edinburgh,
for for implement of the engagements incumbent on
them- under the Acts which it was proposed to
suspend.
The deputation reported that through the
zealous exertions of Sir James Graham, M.P.,
and from the patient investigation bestowed on
the subject by 'Hr. Dawson, the Secretary of the
Treasury, who had only been induced to support
the Bill in theiirst instance through some mis-
representations on the part of the Town Council
of Edinburgh, "the justice of the cause of the
Town of Leith had prevailed, and tke Govern,
ment having withdrawn its support from the ob-
noxious till it had consequently been abandoned.
Resolutions were then passed, returning thankS
to Sir James Graham and other Members of
Parliament, who had taken a warm interest in the
question, and to the Magistrates of Leith who
had formed the Deputation ; and a Committee
was appointed to enforce by legal means the exe-
cution of the improvernents on the- harbour of
Leith, which the Town Council of Edinburgh
were bound under the existing Acts to carry into
effect.

PRICKS OT STOCKS THIS
Bank stock • ;
3 per Cent. Red. .37.,.V)06% 1
3 per Cent. Cons BON n 4ii
3S per Cent. 053/,
I)itta Red. 95% %
4 per,Cent New
Ditto, 182tt losf,i i% I
Bank 1.. Ann. WS 13-161
India Stock 243%
Ditto Honda III pm.