The Sun.
London, England, 1845-12-01 00:00:00

TALLOW.

This market is still firm, and the demand very good ;
there is not much doing prospectively, buyers keep aloof,
the prices for the opening being so much above those of this
day. The accounts of the total shipments at St. Peters-
burgh are not yet made up, but w e hope to give them in our
next. The letters from St. Petersburgh bring very high
prices for Tallow for next year, and at which considerable
busineSs is doing. Town Tallow is 42s 6d to 43s net cash.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius, Westminster Hall, before Lord
DENMAN.)
RITCHIE V. LUMING.

In this case it appeared by the evidence that plaintiff was
in the employment, as clerk, of defendant, who was a linen
draper; that he was employed by the year, at a salary of
401., but was discharged in consequence of some alleged irre-
gularity as to late hours, &c., which plaintiff denied, and,
therefore, sought to recover a half-year's salary. The case
occupied some, time, and the defendant's witnesses hav-
ing been heard, the plaintiff's counsel, in reply, in the course
of his observations on behalf of his client, said, "I admit it
is never wrong to tell a falsehood upon any occasion."
CoUnT—" Never wrong to tell a falsehood upon any occa-
sion !"—(Great laughter.)
The jury found for the plaintiff, 171. 9s. 6d., being the
balance of the half-year's salary due to him."

EXCHEQUER.-(THIS DAY.)
(Sittings after Term, before the LORD CHIEF BARON and a
Common Jury.)
BEATON V. TIMMS.

This was an action of debt for money had and received, to
which the plaintiff had pleaded that he never was indebted.
Mr. Jarvis appeared for the plaintiff, and Mr. Branwell for

the defendant.

Mr. Janvis stated the plaintiff's case. The plaintiff was
a. gentlemen of property, residing in the Mile-end-road, and
the defendant an auctioneer, carrying on business in Char-
lotte-street. Fitzroy-square, but the real defendants were
Messrs. William and Henry Jubb, who had professed them-
selves to be the owners of certain copyhold property on the
west side of the Uxbridge-road. On the 16th of July, in the
last year a portion of this property was put up for sale by
auction, and the plaintiff became the purchaser of one lot for
1991. 10s., and in accordance with the conditions of sale the
plaintiff paid the defendant on the spot twenty-five per
cent. on the purchase-money, and a clear half of the
auction duty, and the two sums together amounted to
5.51. 6s. The conditions of sale provided that an abstract of
title should be delivered to the purchaser within seven days
after the sale, and all objection to such abstract of title were
to be made within ten days after its delivery. The abstract
was delivered at the plaintiff's residence within the seven
.days, but the plaintiff being from home at the time, the ac-
curacy of the title could not be inquired into,
or objections made to it within the specified ten
days. On his return home, however, the plaintiff forwarded
the abstract to his solicitor, who ascertained that Nichols,
the party from whom Messrs. Jul))) purchased the property
viks an insolvent at the time the sale to them took place.
TircT therefore applied to the defendant to return the deposit
money- to the plaintiff, but it was urged that the objection
was not made within ten days after the delivery of the ab-
stract, and therefore the sale ought to be completed.
Evidence Was then adduced to prove those facts, after
which

Mr. BRANIVELL addressed the jury for the defendant.
lie admitted some of the facts stated by his Learned Friend,
but denied that Nichols became an insolvent previous to his
transferring the property to Messrs. Jubb. The fact was,
that in 1833 Nichols,who was a tax-collector, was a defaulter
to the Commissioners of Stamps and Taxes to a considerable
amount, and the copyhold property in question, of which he
was then possessed, was sold by the Crown, as well as some
otherfreehold property, under a writ of extent. The wife, how-
ever, of Nichols, who had an interest in the copyholdproperty,
refused to sanction the surrender of the copyhold property,
and her husband was thrown into gaol to compel her to
agree to the sale. At length she did consent, and, her hus-
band being liberated, the property was transferred to Messrs.
Jubb, and Nichols subsequently took the benefit of the In-
solvent Debtors' Act.
A number of witnesses were called to substantiate this
statement, including Nichols himself, who denied that he
ever made the arrangement alluded to by the Learned Coun-
sel ; but one or two of the witnesses positively asserted that
did.
Mr. BRANWELL intimated that at the time this arrange-
meta was made, it was reduced to writing, and he proposed
to put this agreement in.
Mr. JAltram-P it stamped?

Mr. BRANwELL--NS, it is not. ,
Mr. JARvts—Then I shall object to its being put in. ,
Mr. IInANwELL contended, that as it was an agreeTr, cu'
between Nichols and the Crown, it did not require a staroy:,_
The Lortn CHIEF BARON ruled that it did, and
agreement as evidence. of the
_Mr. BitANWELL asked his Lordship to take a note
.1,,,r
objection, and it was subsequently agreed that the plai"o
should take a verdict, with liberty to the defendant to o
for a verdict or a nonsuit next term. rejected to.

-----
BANKRUPTCY.-(TillS PAY.)
(Before Mr. Commissioner Rua'HERD.)
IN RE STORES. nie
The insolvent, who had been an attorney's clerk, c., the
by adjournment for his final order, and WaS opposed 0"
ground that he had vexatiously defended an action. in.
The facts of the case were these :—The insolvent wag
so,
debted to the firm of Lyall, who sold the debt to a ye,rome
named Godsdell. who had himself subsecn.ienllY ueile of
bankrupt. An action, however, was brought in the ila , ,be
Messrs. Lyall, which was defended by the insolvent, in!i',.ied
cost run up to upwards of 100/. The insolvent ennlPoitajtjhat
that the case was not fairly gone into at the trial, and that pot
his evidence was material to show that his defence Nk, '
al3o
vexatious, and that the testimony of Mr. I,Yan was
all 3
necessary, and the case was adjourned for his attendane in tbe
day, but he was not in Court in consequence
country. 'fled t°
Mr. 'Hughes conter4ed that the insolvent was entiro Ai,
his order, for that he could not when the action was
the e 70.
tell to whom lie was indebted, and bad sworn so na ill
vious examination.. d
Court' 611,1
The insolvent, being now questioned by, the , ha-
that Godsdell called upon him and told hm that he
that tbeir
that
bought the debt, but that Messrs Lyall bad agreed
of absenc
$
1 name might be used as plaintiffs. it.eat Pug
The Learned COMMISSIONER said that the illo" oca
himself out of Court by defending an action after 1
tt
warning.
Mr. Hughes said, that if Messrs. LP P
11 WerB raptta4sl
would be seen that Godsdell's statement was false mole 0P
great hardship on the insolvent to compel him to ti,, 101
again merely because the party who could give_ ::soivoit
evidence was not in attendance.
Mr. Lucas, said this was a flagrant case, and the drli°4
was not entitled to his final order ; he bad himself 1 . 0
that he bad defended the action after notice ;
clear he had wilfully withheld the fact on the previ°
Sion, and had only let it slip accidentally.t the
, ,00,_;,,
The Learned COMMISSIONER said he would not argp e?'"
order or protection, but the insolvent might co lle liPl
when Mr. Lyall could attend. vlik:11
Mr. Lucas objected to the re-opening of a ease ' 01'
already been decided by a jury. didiv
The COURT said Mr. Lyall might be aunoaolie
lodee tocci,

-
CRIMINAL COURT.--(THIS

vent's expense.

OLD COURT. rain
(Before the RECORDER.) , .nitas
William Carney, Benjamin Barnett, and
were charged with cutting and wounding es
and Joseph Bray, two police-constables, while OA
tion of
B their duty
an. rosts-43,e1
Mr. Bodkin d Mr. Clarke appeared for the Poe v
and Mr. Payne defended the prisoner Barnett* 10
two were undefended.
proceed WMr. BODKIN stated the case, and then Prue t-6
'witnesses. led
Edward Burgess, police-constable 198 H, st 3 el-04ibo
was on duty in plain clothes in the Whiteeb_aPber,
half-past eight on the evening of the 13th Novel'aoor ,0
observed a horse and cart standing before the
c,4
King's Arms public-house. He knew that the trospf
drove the cart were associates of thieves, an a nrerie'llo
something wrong, he called another paean iran,eote ate
leaving him in charge of the cart, he hirastoaell2; bei
public-house. He saw in the room inside a gr",,,sa "ye
of bad character, but could not find the two •-0 000 the
seen with the cart. He afterwards returned td carttdieo
told him that they must drive the horse an boo' ote
of tbe
station-house. They had taken hold
with the intention of removing him, when abouti; to ;01 ~
rushed out of the house, calling upon tbe 61
the horse alone. The prisoner Carney. att,erollarg e:J t°,
into the cart, but did not succeed in "Barnett
could see Barnett and Lewis there also. ,5
to i 0 tl'
witness, "'Mr. Burgess, let go the cart, it beloTiiog
pointing to a person named Myers, who was al Oa! so°
cart. He replied, that he must remove the cart, / oas
diately after he was struck three or four blows bY,e tblt.o,
Carney struck him on the face with such viele!liastrec";
end of his nose was almost cut off. He was ng,;wot.,tei"
the left temple, and fell. Two of the persons Pi-s-fsoe"
him to a surgeon's. The prisoners were all the 011
t
thieves. A tb3 s
Joseph Bray, also of the H.division,
struck Burgess with an open penknife. He "";feell,,/ieer
after struck by a life-preserver by Barnett, an nut, ,
cart was driven off by some of the persons Prep` be 0
confined to the hospital for some days. thst
Carney, on being taken into custody, 51;d
„„i'
thirty miles distant on the night of the allege" -1
Pitisge",
Mr. Sanders, surgeon, at the London HosPinl;l stti
Burgess was brought in, he discovered that licted °filet"
the nose was severed, and a severe gash was in ~,eoi9
temple. The wounds were such as might have ""d ed
by a pen-knife. hells
The prisoner Lewis, in his defence, said that i fir
been in the crowd at all. dr, oall
Dlr. PAYNE, after addressing the jury, called It die
nesses, who positively swore that Barnett wits
who attacked the policeman Bray.
Carney offered no defence.
Mr. BoDaist shortly replied. r CPO
The RECORDER summed up, and the jury, aft pat
for some time, returned a verdict of Guilty sx,"-
,„„i
%
td
prisoners.
The RECORDER then sentenced Carney to be tr
I:°Cli
life, and Barnett and Lewis to be severally tray
fifteen years.
Mt,ft_
DO
-0'
TT
DA
THE KENNINGTON
Tif
LAMBETH POLICE COUR, nee. ,eA
The prisoner was brought up for further eviue-ther 'ter
Quennell, Kennington-lane, is half-br%.,(1
prisoner by the same father. Prisoner is a/011;0'1°
is 39 years of age. Prisoner was in his CO'P,;—c
labouring man. Knows Daniel Fitzgerald, theuenelli
was also in his employment up to his death eilfitt4o,.
last. Witness heard of his death about five re be
t ott
witness had paid him half-a crown; the
labourer came back and said he was stile.-1301,547.,
went to Peacock-street and found deceased diAgeZt
carried into the public-house. Witness had not "
the prisoner. He worked on witness's premises lc, at oti,
day week. Witness told him last Saturday .weeioalt
on paying him his wages, that he had better To Doe
work somewhere else, as they should be slack. , o,d, 01
prisoner on Wednesday previously. On SaturdaY wit ,
a reason what Fitzgerald told him. Witneaato se).'sj
begat', " Samuel," said she, " how came you so 1'140f,.:
you did say,. against William, after he has beelloppe,t,ey.
you ?" Prisoner said, " I don't know I have been
00,
ti, bn6e
thing wrong." What you have been saying te:gootil:;lli,°,,l
had a good mind to go and give prisoner a b 7:4V1 "r,i
and if yougoo moneyyou meant to set up in u" 13P iie°',l
him, and round to his customers. Prisoner:list t'dalo
said some things, but Dan had told more than, he ti'
said, and that it was through Fitzerald Oa'
what he did say. That Fitzgerald bad tried Tdfg
say things against witness. It was all Fitzgera„ t0c4,14
person came in at this point of the conversation
air 110;4',
ness an account, and stopped its progress, ye fi01•003"0
went out. Prisoner gave no reason for 0101,,,iie,
doing this. His manner of saying this was hie usnesic
sullen and indistinct. Witness never heard bin'
Fitzgerald. To the best of witness's knhe t 01,140;
soner and Fitzgerald were always on, the fsWer'e:eit
Before the Saturday, witness heard of oes-10:ild 3i‘tfe;'t
Fitzgerald, but had said nothing of it, lest !t -501eecisO's,
jealousy between them. Witness's wife, seee,e',,,ere',3 4
ence between witness and prisoner, asked x"„ 7,, ysi
the reason was, and thus came to kil"fison",pee,,
speak of it. After Wednesday week P' 11,11'0'01'1
not work for witness. The conversationr 0084
on the Saturday following. Witness saw prisnaecoar;all4
morning near the Ship public-house, but had n„e, the 0; e",
with him since the conversation in question t""risolle,-trer;
Fitzgerald. Witness, is not aware whether Pi
after came to his 3ard. Prisoner lives in Fr,e(
yte
whisk is near Peacock-street. One might go netreet.,oel 4
ton-lane to Frederick-street through Peacock-I:st t96„%el'?
o'clock is the proper hour for leaving off sine,e cei-K
week. Witness believes prisoner knew this. 0- Weigl)st
is the dinner-hour. Had not seen the prisoner 1100 or eir"i
Fitzgerald had been in witness's employment sliad °DI 00
years, and the prisoner for five months.
prisoner and Fitzgerald, and thought them to 41
not seen his brother lurking about his premise 10. g.
witness means a disagreeable manner of anovet- toaPro.4o
By MAGISTRATE—Witness expected prisoner roote
work again on Monday, but he did not. Th,e,, in the ,r
took place in the front-kitchen, where they fotve
of paying the men. to Se'
eollec Der
Mrs. Quennell, wife of the last witness-1'cl! by Vio
day week, and the prisoner coming in to be Pni" con err?
band, about 7 P.m., and asked him how poist`olle:ei
unkind as to speak so to Fitzgerald about 1,11„-iicliegA,1
the morning Fitzgerald told her, that at the "i the
prisoner was at work, prisoner came and stnc.oa te,,; 601'
e,4„,,
into the mortar, and said he had a good 1111 if
knock his brother on the head ; an",,-trij • I*t
money he would go and set up against lied 1 fit";
told prisoner all this, and prisoner reP to it'
all Fitzegerald's fault, he had urged him 0111 betters, 13
gerald had said to prisoner he knew Quen,neatbat 'fad°.
he (prisoner) did. Mrs. Quennell added, coo ailitroj
excuse for you, you (prisoner) ought to have 9 tboOireo
0,1
us what Fitzgerald had been saying. Witl„les °fa Cep
saw tears in prisoner's eyes that evening' wort; seP, s
much hurt. Thinks Fitzgerald and prisoner
terms, both were wrestling together about a '".* orit 0
when deceased hurt himself so as to be Off aft ad
t,
peee
fortnight. Witness did not see prison She
Abcti
Mrs. Quennell expected him up on Monday' .sued
Fitzgerald afterwards.' On Tuesday eL'e
Fitzgerald had seen prisoner. He said "."'
I, rexit
By Mr. Games—She knows prisoner knew w"e
lived. did 116); ettj'et
Mrs. Quennell was re-called—But certainly bikes
of any quarrel, or intimation of intention to nuda,ings..4oo
party. Witness has been at prisoner's to qotor-
knew prisoner had a pistol, but has never been
dec eai
room.
• oner 931 d
—M‘Carty—Does not know whether prig nee'P
rre erg'
bad seen each other last week, before the ewe° site t, ,
tp,d
Witness as he went to dinner saw prisoner opP°o
and Groom. Does not know when Fitzgera . aio,e t
Witness was not near prisoner. Prisoner w
„ras 1!„
before the Horse and Groom with his face Wic"
ton-lane. tool/ 0o
10
By Mr. Games—Witness saw a person comlbn:fore,; oitoe
before the flash, but had not time to sPenk,, oto,
diately on deceased saying "I'm a des kiln 1111.11•11-
saw prisoner quite clearly, and followed
,enningte
softer began to run when near bet,
Witness lost sight of him at the corner. risollek
James Parkes, plane maker, has seen the piker edis
never but once before, and that was Satuiyallthe to ;be
nearly about eight o'clock, at Mrs. Tubbs', 'l,ole „.1. at the
Her shop.. is a general sale shop. prisoner uogitibi tar,'o3
shop froLt and handled a pistol, which was prisone,,,-er ado
shop door. Witness was then in the shop' trlbv'to
it round and examined it; he then pulled ientien.„o $.14
broke the hammer. This called witness's a"or Deis
prisoner, for he thought it a bad thingWitnesbat
his family, it being Saturday night. .ob, r
bad bete ee 3iesr-10
the shopman say it was a ;jot ,00
must pay for it. Something Pas, a,e4,t was s-ft r
goner and the shopman after that, butat. eiv`ho-10'
'Witness, recognised the shopman in co`-'-- risea-rsod " for
words between the shopman and prisoner, ptioatl,,d
little way from the shop door, but then re and in the
tend
came into the shop. He bought the pistol', « di
1,0000,
the accident, and ss. for the pistol, adql/4' ilavingccorilot
buyirg one, but not to-night.' After this, an AA9 „ea
pistol into his pocket, prisoner took ,11) sole a if %,
The pistol bought was one of a
in Court. He tuned the accordion, an
ant ouv
asked to buy
,it, and laid it down 1111 d
kind tbed 111