The Sun.
London, England, 1844-03-01 00:00:00

BYRON V. COOPER.

Their Lordships were occupied the whole day with the
arguments in this case, which came before the Court upon
appeal from the decision of the Court of Exchequer. The
question in the case related to the tithes of a parish in Lir►-
colnshire.

The Solicitor-General, Mr. Bethel], and Mr. Bacon, ap-
peared for the appellants; Mr. Simpkiuson and Mr. Ander-
don for the respondents.
The case appears likely to occupy two or three days in
argument.

COURT OF CHANCERY, Feb. 29.
CLURIN HOSPITAL V. EARL POWIS.-THE ATTORNRT-GE?iE-

RAL V.

The case came before the Court upon appeal from the deci-
sion of Vice-Chancellor Knight Bruce.
The Attorney-General, Mr. H. Twiss, and Mr. Wray, ap-
peared for the Crown ; Mr. L. Wigram and Mr. Lloyd for
the noble respondent.
The question in the case relates to a charity called the
Clurin Hospital, founded so far back as the reign of James
the First, by the then Earl .of Northampton. In the year
1837 this charity was certified, by the Charity Commissioners,
to the Attorney-General, the effect of that • certificate being
to make the Attorney-General competent to file an informa-
tion without a relator, and to institute proceedings for the
regulation of the charity. In the month of July, 1840, a bill
was filed by the warden and poor men of the hospital, against
the Earl of Powis and the Attorney-General, praying that
the accounts of the charity might be taken, and that a scheme
might be approved for the future regulation of the charity.
Subsequently, and without any knowledge of the filing of
the bill, the Attorney-General filed an information against
Earl Powis having the same object in view as the bill, and
to that information no answer was put in till a decree was
obtained from the Vice-Chancellor Knight Bruce in the suit
filed by the warden and poor men of the hospital, and it was
not until that decree was about to be passed that the Attor-
ney-General became aware that a bill had been filed. Upon
this discovery he submitted to the Vice-Chancellor Knight
Bruce that no decree for a scheme for the future management
of a charity could be made in any case except where the
Attorney-General was plaintiff. The Vice-Chancellor over-
ruled this objection, and from that decision the present ap-
peal was brought.
After some short discussion, it was arranged that the case
should stand over, to see if some arrangement could not be
come to by the parties.

SHERIFFS' COURT, Feb. 29.
(Before Mr. Sheriff KENNEDY and a Common Jury.)
WILLIS V. MALTBY.

Mr. Thomas appeared for the plaintiff; Mr. Lock for the
defendant.

This was an action to recover 41. ls. 2d., for work and
labour, under these circtunstances
The plaintiff, a cook, entered the service of the defendant,
a gentleman residing at Brixton, on the 12th of August,
1843, on an understanding that she was to receive 151.
a-year for her services. She quitted his service on the 7th
of October, having been dismissed for alleged misconduct. The
action, therefore, was for a month's wages, and for board wages.
during that period. The plaintiff did not continue in the
service of the defendant during the month, but contended,
that by established usage, she was fully entitled to a mouth's
warning, or a month's pay. ➢foreover, the case being ag-
gravated on the part of the defendant, he having given her in
charge of a policeman, for creating a disburbance in his house,
and on a trumpery charge of throwing some potatoes into
the dust-bin. On reaching the station-house, he did not,
however, prefer any charge against her. One pound, seven
shillings, had been paid into Court.
Mr. Locx for the defendant said, that the only parties
who would derive any benefit from this action,
should it be decided in favour of the plaintiff, would
be the plaintiff's solicitor and his Learned Friend.
The action was brought in the Queen's Bench in order to in-
crease the costs and to put the defendant to as much annoy-
ance as possible. It ought to have been tried at a Court of
Requests or before a magistrate—in either case, the expense
being trifling and such disputes as the one before the Court
amicably settled. He contended that the plaintiff was a bad
servant, that she behaved improperly and violently, and that
the defendant was perfectly justified in abruptly. dismissing
her. He also contended that the 11. 7s. which had been paid
into Court was amply sufficient to compensate the plaintiff.
Verdict for the plaintiff, damages 41. is. 2d.

INSOLVENT DEBTORS' COURT, Feb. 29.
rc nu STEPHEN CROKER.

In this matter the insolvent had been previously in this
Court before the Learned Chief Commissioner, when it was ad-
journed in order to enable the insolvent to come to some
arrangement with his creditors, and also to pay a certain
sum of money into Court.
He appeared now in Court, and stated his inability to com-
ply with the stipulations which he had proposed at his last
hearing.
"

Mr. -Commissioner POLLOCK then read the judgment of
the Learned Chief Commissioner, by which the insolvent was
remanded for a period of eight months from the date of his
vesting order, for fraudulently making away with property,
to the detriment of his creditors.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.--Hertford, Feb. 29.
The Commission of. Assize for the county othertford,
was opened on Wednesday, by Mr. Baron Alderson.
Owing to the Special Winter Commission of Assize not
having been extended to this county, the number of pri-
soners for trial is somewhat larger than usual, there
being upwards of thirty on the calendar ; and some of
the offences charged against them are of a serious de-
scription. On the civil side thirteen causes are entered,
two of which are special juries, one of them involving a
question of right of way being expected to last a con-
siderable time.
Lord Chief Justice Penman sat in the civil side this
morning at ten o'clock, and Mr. Baron Alderson pre-
sided in the Crown Court.

Mr. Baron ALDERSON, on charging the Grand Jury,
took occasion to allude to a charge against a clergyman
named Blogden, residing near St. Alban's, of having
feloniously shot at one of the county constabulary and
wounded him with a gun, under rather singular circum-
stances. The case was not in the calendar, the defen-
dant being out on bail, but as the depositions in the case
had been returned to the Court, he felt it necessary to
address some observations to the Grand Jury respecting
it. It appeared that some alarm had been created in the
neighbOurhood where the defendant resided : and, at a
late hour of the night, being disturbed, he got up, and
discharged the gun out of his window, and thereby
wounded the constable. His Lordship, in remarking
upon the case, observed that it would appear that the
gun had been fired at random out of the window ; and
if this should turn out to be the case when the witnesses
were examined, he thought the Grand Jury would not
be justified in 'finding the bill, for before the present
charge could be sustained, it must be proved that the ac-
cus, d party intended to shoot at some one. He, at the
same time, observed, that a person was not justi-
fied in shooting at a thief, but he was bound
to use all reasonable means to capture him before he re-
sorted to such a violent proceeding, and it was only in
case every other means failed that a party might be jus-
tified in adopting the proceeding of discharging a loaded
fire arm at another.

Pelham Fos, 31, Joseph Shaw, 26, and William Ald-
ridge, 35, boatmen, were charged with a felonious assault
upon Anne Reynolds; and Janies Cowdry, 22, also a
boatman, was charged with aiding and assisting the
other prisoners to commit the offence.

The-case was clearly proved against the prisoners, and
they were sentenced to be transported for life.
George Hill, 34, a post-boy, was indicted for stealing
a brooch, value 30/., the property of Charles Alexander
Wood, Esq. Mr. Ballantine defended the prisoner.
It appeared from the evidence that on the 16th Jan.,
the prosecutor, with his lady, went to visit Mr. Gaussen,
of Brookman's-park, near Barnet, and the prisoner was
the post-boy engaged to take them home at night. The
brooch in question, which was of considerable value, was
believed to be safe upon the dress of Mrs. Wood when
she left Mr. Gaussen's, but upon her arriving at her re-
sidence in Hyde-park-gardens it was missed, and Mr.
Wood, in the prisoner's hearing, directed a search to be
made in the carriage, but it could not be found. A few
days after this, the prisoner went to a watchmaker at
Barnet and produced the brooch in question, stating that
he had found it; and wished to know the value; and,
believing that it was only made of some base metal, the
watchmaker told him it was not worth more than twelve
shillings. The prisoner subsequently went to a pawn-
broker at Barnet, named. Thimbleby, and offered to
pledge the brooch ; at the same time also telling him
that he had found it in London. The pawnbroker tested
it and found it to be gold, and he then advanced the pri-
soner six shillings upon it. The same night he received
a handbill, giving notice of the loss of the brooch, and
which also offered a reward of 51. The son of the pawn-
broker upon this went to the prisoner, aed asked him
some questions, and the prisoner then told him that he
had picked up the brooch near Brookman's-park. The
pawnbroker then told him, that as he had found the
owner he thought himself entitled to half the reward,
and upon the prisoner assenting to the proposal, he went
to Mr. Gaussen and returned the brooch, telling him
that it had been found by a poor man, and he received
the reward, and handed over half the amount- to the
prisoner's wife,leeping the remainder for himself; but
it appeared that he did not say anything to Mr.- Gaussen
about the brooch having been offered in pledge, or that
he was to have any share of the money paid as a
reward.
Mr. BALLANTYNE made a very able address to the
jury, commenting upon the facts of the case, and also
with considerable severity upon the conduct of the pawn-
broker. He then called a number of witnesses, who gave
the prisoner an excellent character for honesty and ge-
neral
good conduct. •
Mr. Baron ALDERSON having summed up, the jury
almost immediately returned a verdict of Not Guilty.
The cases 3n the Court side were entirely devoid of
interest.

NORTHERN CIRCUIT.—Carlisle, Feb. 27.
Mr. Justice Coltman was occupied to-day in trying several
cases of rape, the details of which are unfit for publication.
In the Civil Court Mr. Baron Rolfe was occupied till five
o'clock in hearing the-evidence for the defelidaute.in.the case