The Sun.
London, England, 1844-03-06 00:00:00

SUMMARY OF NEWS' LAW

D
Vubtur 01.411361 t.

" Who runs may read."

A telegraphic dispatch from Marseilles reached. Paris on
Monday announcing that the Anglo-Indian army had en-
tered Gwalior after two battles in which`there, had been con-
siderable loss on both sides. _ _

On Saturday evening their Maisties the King and Queen
of the French received the Minister of Public Works, the
Austrian and Neapolitan Ambassadors, the Prussian and
Danish Ministers, Vice-Admiral Dupotet, Generals Count
Schramm, Aupick, and Grouchy ; the Bishop of Beauvais,
the Marquis de Grille, and a large.nuarber of other persons of
rank.

Prince d'Ottingen Wallerstein, Grand Master of the Crown,
and Counsellor of State in Bavaria, has arrived in Paris on an
extraordinary mission from his Sovereign.
The National and Gazette de France announce that the
subscription for presenting a sword of honour to Admiral
Dupetit Thouars is opened at their offices, and at those " of
all the independent journals." The maximum of, each sub-
scription is limited to 50 centimes (25.).
The Ministry, says the Courrier Francais, filled with con-
fidence by its 233 votes upon the last ballot, and wishing to
take advantage of the favourable disposition of the Chamber,
will, it is said, apply this week for a grant of 1,000,000 f. for
secret service money. The Cabinet is completely reassured,
and its leaders guarantee it a continued existence for several
years. It cannot doubt of an increasing majority on all
questions, after having such an inexplicable and unexpected
majority on a question, in which the honour of our flag and
the dignity of the nation was involved.
" It is reported," says the same journal, " that the Govern-
ment is about to send out M. Agenor de Gasparin as the
King's Commissioner to Queen Pomare of Tahiti."
The Presse says, " The Directors of the Bank of France are
engaged in considering the expediency of issuing notes of
250 f. The Bill for authorising this step will 'certainly be fa-
vourably received. Notes to this small amount are already
issued from the branch banks, and their utility in the grand
metropolis of business is incontestible. It is difficult, there-
fore to imagine any grounds for opposition to granting this
accommodation to Paris, where, beyond all other places, it
must be truly serviceable."

The Phare of Bayonne, of Friday attributes the non-arrival
there, on that day, of the mail from Madrid, to the state of
the roads in the Pyrennees, which were in many places
blocked up by snow.
A letter from St. Petersburgh of the 20th ult., in the
Berlin Gazette, contains the following:-" The chief of the
frontier district near Kjachta, has reported that at Macmad-
schin, a few wersts distant from Kjachta, the local Chinese
authorities discovered two Chinese who were smoking opium,
which they said had been supplied by Russians. The
Chinese chiefs immediately opened negotiations with the
Russian authorities on the frontier, and the Emperor of
Russia having been informed of the fact, has ordered that
the .Ukase published in 1841 against the sale of opium to the
Chinese shall be scrupulously enforced, and that all persons
who may violate it shall be tried by a Court-martial.'
LAW AND POLICE.

At the Central &nin;lemTrt: Henry Jones and William
Christie, convicted of Custom-house robberies, were sentenced
to be imprisoned in Newgate for twelve months, and kept to
hard labour. In passing sentence, Mr. Justice Patteson, af-
ter consulting with Mr. Justice Williams, said, that there did
not appear to be any material difference in their cases. From
the confession of Jones, it appeared that he had been in-
duced by Christie, to whom he was indebted, to' join him in
perpetrating these frauds ; but still it must be recollected
that he occupied a place of trust, and it was necessary that an
example should be held out to all such as were similarly situ-
ated. And what an example ! • Here, men well paid for

1 •
doing their duty, rob the public, and receive twelve.months
imprisonment, while a poor starving man is banished for
seven years for stealing food to satisfy his wants.
About a dozen girls were brought up at the Mansion
House, charged with having broken the windows of the union
workhouse, and also the windows of the Mansion House.
They said their object was to get admission into Bridewell.
Sir Peter Laurie refued to send them to Bridewell, but or-
dered a couple of officers to take them to Peckham workhouse.
It is now the constant practice of the refractory of both sexes
to break the windows of the Mansion House.
At Bow-street two men, named John Harrison and Daniel
M'Carthy, were brought before Mr. Twyford, charged, under
the provisions of Malicious Damage Act, with cutting and
destroying a number of trees on York-terrace-buildings,
Adelphi. Mr. Twyford said, as proceedings were pending in
another Court (the Queen's Bench) respecting the rights of
parties to the Terrace, he should not be justified in giving
any opinion upon the subject ; and he should, therefore,
order the defendants to he discharged, as they might have
had a fair and reasonable supposition that they were not
acting illegally.
Ellen Herbert, a woman about sixty years of age, and com-
pletely deaf, residing at West-end, Hampstead, was charged
at Marylebone with attempting to drown herself. Her hus-
band had been sentenced to twelve months' imprisonment for
stealing. Prisoner bad no means of supporting her family,
and under those circumstances resolved on self-destruction.
The police were directed to make the case known to the
officers of Hampstead parish.
At Queen-square, Mr. John Grover, of Belgrave-street,
Belgrave-square, surveyor, who has been in custody some
days, charged with having defrauded Mr. J. Slater, of 42,
Lower Belgrave-place, of a large sum of money, was again
brought up. Several other charges of a like nature were
pressed upon the attention of the Magistrate. Mr. Burrell
said he should not entertain any new charges ; he was un-
willing to prejudice the other case, in which he bad consi-
dered it his duty to send the prisoner before a jury. Ho con-
sented to take bail in 2001. for the prisouer's appearance at
the Central Criminal Court, but there being no sureties in at-
tendance he was locked up.
Mr. Norton, the Lambeth-street Magistrate, acknowledged
the receipt of a note from Mrs. A. Waddington, of Ely, en-
closing a draft upon a London banker for the sum of twenty
guineas, to be distributed from the office poor-box. Mrs.
Waddington had frequently been the kind benefactress of the
distressed poor through this Court, and Mr. Norton acknow-
ledged one handsome donation with much gratitude.
At the Thames Police-court, William Jackson, a notorious
thief, was charged with breaking into the brig Rapid, lying
at Hanover-hole tier, Rotherhithe, and stealing the wearing
apparel of two seamen. Some of the stolen property was
found in the prisoner's possession. He was committed for
trial.

OENC-t%

CHANCERY.-(THIS DAY-)
Tte Lord Chancellor sat in Lincoln's Inn Hall to-dsf

BOOTH V. CRESWICK.—JUDGMENT ase,
t°'s
The LORD.CHANCELLOR gave judgment to-day in
which was argued before his Lordship nearly twelve
since. His Lordship said that the circumstances of tk..al'74/
actions that had taken place in the case were ex 'gr to
complicated, but the facts which it was necessary for To' •
advert to, with a view to the question involved, wor°o4 of
prised in a narrow compass. Henry Creswick borrerel.
the trustees; under the marriage settlement of num ,ff
Creswick, the defendant, 6,0001. ; he also borrowedfrod
Creswick himself 3,500/., and Henry Creswick executed
7;4
gage deeds upon certain property to which he was entoto
for the purpose of securing the repayment of those
Humphrey Creswick charged the mortgage securities Or be
sum of 2,0001. in favour of a person named Sevier, an to
also charged, by an instrument dated February, 18289 and
same property with certain sums in favour of Mr.Broake,ods
by a subsequent charge in the month of May, 1829, fto
a further charge on the mortgage securities in favours!
same individual. Mr. Brooks became bankrupt, and Ply to
signees assigned the property for a valuable considerati„p
Mr. Booth, the plaintiff. Henry Creswick had la;'s,-0
gaged this property to the executors a a weed
named Jones. Those executors, instituted Ingl
ings for a foreclosure. The bill was filed ill ob-r
previous to the mortgage to Mr. Brooks. A decree Was The
tained in that suit, and an account was directed. c it;
Master was proceeding to take those accounts in his °f°; flat
the time when the mortgage was made to Mr. Brooks.. ,bt
Mr. Booth became possessed of these mortgage securiPt: A
filed his bill for a foreclosure against Humphery Cresviiv`vr,
decree was obtained in the foreclosure suit instituted by P•ob,
Booth against Humphery Creswick, but that decree was
gt
tained by default, Humphery Creswick being in prisou._at,
applied for a rehearing of the decree, and after some reftrd.
sated proceedings the Court allowed the decree to bete' nor
upon certain conditions as to costs, and the teaquestioa
was as to the validity of that decree. It was a d eere,ttv of
in the absence of the defendant, and on the responsil'
the plaintiff; and the question was whether it ,sbould be 0
titsany, and what manner. Four objections were urged st„,ol
bar against the decree. First, that the deeds weretyairg
viva voce in Court, which was an incorrect mode ofPre''nper
in this case, because the parties ought to have had an ° r
tunity of examining the witness. Another objectiont
that the securities to Mr. Brooks were given for ed. A
future costs, and that as to future costs they were noaa 610
third objection was that certain costs the plaintiff was oblig,ere
pay in the cause, to the executors of Jones and othero,, Tbs;
charged in the decree against Humphrey.Creswick, to
the decree in that respect was therefore incorrect. ,ads
fourth objection was, that at the time when these nieri37.oot
securities were executed, or were transferred, by e
itie Mr' were
to Mr. Booth, the plaintiff, certain personal secur
delivered over to him, and that they ought to be the._..elios
of account before the blaster. sow, as to the first 06,701
upon the deeds, his Lordship was clearly of opinion thal
the
could be proved viva voce at the hearing. As t° that
security for costs, his Lordship was of opiniellfole
security could not be taken by a solicitor f0,,,r,d0-ia
costs. That question had been decided, by Lord -rhotos.
" Jones v. Tipp," and in several other cases before Sir fire'
Plumer, Lord Gifford, and the present Lord Chancellor 0.4
land. he decree'therefore to that extent must,be recno
The third objection was this : Booth the plaintiff, la bl3flt of
for a foreclosure, was desirous of obtaining the beaelot
the proceedings in the case of " Jones and Creswick,”_,
e,
It
that purpose he made all the persons parties to that sw. rt be
ties to the one he had instituted. Subsequently, 110/11,snd
had them all dismissed except Humphrey CresvWdecrtg
having to pay the costs of all those parties, he in the n
0$
charged them against Humphrey Creswick. N°eT:atiol4
point the question was, whether he was entitled °lei?
such a course of proceeding. In the opinion of his 11°01i0;
it was not necessary for Mr. Booth to make the other,,,e"
duals parties to the suit, that he had improperly Aw"nt
them before the Court, and therefore, that he ®as p><,
titled to have the costs of doing so over again from tor.",
Creswick. In that respect therefore the decree inust,"" Or,
feed. The fourth objection was, that at the time vionolde
securities were assigned to Mr. Booth by the assignee!:,, 9
the bankruptcy of Brooks, certain personal secur,"lt
it e
handed over; it did not appear what they were, uttis
stated that they were taken up by Mr. '`l:ter'''s
It did not appear that Humphrey Creswick had alYiroo,",
whatever in those personal securities. The wbo'epetned
action between Brooks and Humphrey Creswick it 00;
be accommodation bills, of which Humphrey Cregelictot t
paid one farthing, and it appeared to his LordsbiPoe 4
order an inquiry on that subject would be a 111°,t.ied
ceeding. That objection to the decree therefore, ral'aist
the whole, therefore, his Lordship was of opini°ll re c0.13'
decree must be rectified as far as it related to the futauit 1;1,,
and the costs of making unnecessary parties to the !„ost '
by the plaintiff, and the other parts of the decree
affirmed.—The Court then proceeded to hear appeal3'
D
A 1
VICE-CHANCERY.—(THIS 1/4-
)
(Before the VICE-CHANCELLOR OF ENGLAND ;si,
His HONOUR was occupied the whole morning :w"
of no general interest.

CRIMINAL COURT.—(THI—
OLD COURT. toot
The Learned Judges, Patteson and Williams, t° „Ai
seats upon the bench soon after ten o'clock. fulls P 3,101
CHARGE OF CUTTING AND MAISIING.—Jerenna" Pt" 011
was put to the bar, charged with having, on thoss„
February last, committed a malicious and felonicel!,,,
upon Daniel Morris with intent to do him some gr'e
dily harm. a gr. 1,6°
Mr. Doane was counsel for the prosecution, .11 be
lantine for the prisoner. The facts of the case Wi ddtle'ph
gathered from the following epitome of the evidence
,o,l4rte
Daniel Morris being sworn, said he was 0° t 00'04
living at 23, King-street. Shad well. Knows ths 0, 00
soner kept an office for the engaging of coal-vrhiPit g °'lll
Thursday, the Bth of last month, witness was reteL:.bers,oo,
work, near Coal-stairs, opp.,site Gold's-hill, „,,,'etroia
stopped to talk with some friends. This was °"-.. seedit'
o'clock in the evening, when up came the prison,te,riel
to him—" Walk about your business, you scouna',ofr,od
ness made no answer, but went on into the Prin„,,,`"; pris,ll
public-house, and called for a pint of beer. I"„'",,j
followed witness into the public-house, , Tv, clip
called him every name that he possibi
Witness left the public-house, and prisoner foie got
citos,
when he (witness) said to him, Mr. Kelly,
owill
pence, and am going ;
to have a pint of beer, 'OOl,l
and have home ?" Prisoner relied,cl
and raising the stick now produpced, struck him 80- 50tP
which went through his hat. He then gave lii
blow, which felled him, and rendered him inseost
came up, and led him bleeding to a doctor's. 40 br
Cross-examined—Did not hear witness eon° je°oo,
breaking his gear. Was never in his life a part/044,r
nation of coal whippers against the prisoner.
enough of a cruel assault upon the prisonerq.e• ;4 '404
know his arm was broken by that a.ssallits 4114 °lll°
when it took place. Was rick party tg thilt aSSA Sot
his oath the police were never after him &Yr
night nor that day had witness a drawn knee lvitg A e"
and never threatened Kelly in his whole life. 1911""
drunk nor sober, but knew what he was shoe' t
assault commenced. a0&1.,,,1r
John Russell, being sworn, said he was a „Thef„, co,,
and remembers on Thursday, the Bth eaiv
seven in the evening, being near Gold's-hill. 040 ,
soner at the bar strike the prosecutor on his heo-d' do 1
hat went . off; and then he struck him again, Anifili
went. Two women took him off to a doctor S.
i
cutor had no knife in his hand, nor any other wairsoiefsil IST
Cross-examined—Knows the prisoner was 5_4 toes'
saulted some time back, and some of his own -""
,„ A
quaintance were transported for the offence. , bier to}
Maria Alexander—On the evening in veglt
with Hannah Smith, saw the prisoner potl4l4lll.'b a, P.
the prosecutor, who became tptally loselptvbet roe)
covered with blond, Said to the prisonert ,A" If
to strike a young man SA ;" oa which he 01'4'01'0,01f'
to
_you next." Assisted the prosecutor to a 141 the
Hannah Smith corroborated the evidence ° oar
ness. (,
,0
George Harris, a bookseller, living in the 01,4
gave a somewhat different version. On the 00.012i:50,'
tion, went to his shop door, and saw the Wit°6l,
ander and another woman 41148111 g the prisenehert °;,0411:.?,
called biro a vagabond, and prisoner replied To oot wilit
the prosecutor said somethingwhich witneSs co ", DOI !00l or
swear to,and then the prisoner at the her @trltQltberoot
the first blow knocking his hat ofr, and sitelift as esl
fell down. Cannot say whether prosecutor ao,dee
sober. A customer came up to witness's sh,Libted Tr' 1
more of the matter. Mobs frequently cou"" 00,
soner's house hooting and making a row. eihe „tor ,
A policeman gave evidence of wbet Pespv- rose, e
called; and the supgenn, to whose shop the P .1 di voi
takell3eStilied that though he bled a good dell
was a very slight one indeed. The prosectito
fully intoxicated. Oa 141
11141,
This was the case for the
said
,ony
Mr. Justice PxeresoN the idea of I*'oo 01
the question, and the case must be treated as ,
'assault. 0440 roar re
Mr. BALLANTOTE (for the prisoner). 0f $7 Ole It'ffee roc,:
evidence of the witnesses DS 0 the occ•I'.01`;
wholly disproved by the testimony of mr;
of tbe he op
secutor himself was so drunk at the time, Avg' is
101.0
that he knew not the provocation he ha"tVeref°;soto
nothing that took place, and his evidence 1e wito%.
Court would be worth nothing. The fen' fir,
totally unworthy of credit. The fact ws° suffer° oil Lig
victim of combination, and had alreadYtpt toe toed
from the violence of the coal-whippers of th°9oo
obliged to appeal to the law, and for on° ,„0 01 is ,ge`
assaults, in which his arm was broken, 0° 0-00,ii eir
engaged in it had been transported. 11L5 tiOtsg?" tif.g
constantly destroyed, and every effort l'ffw
drive him from the neighbourhood.
Mr. Justice PArrzstge summed up, , gig
was evidently great provocation, and the ,1001,0!
" nothing but a knock with a stick." ~t„ ef
.and
The jury brought in a verdict of " Gutiolestioo dol
sault, being at the time under great prOV
net 111,0
fore we recommend him to mercy." theviri4Ali
Mr. Justice ParrEsosr, after advising , rs° ~i•ste,loo
to appeal to the law for protection, ill:570:i,
A)
sent his wrongs, said he saw 10,1)44 NP„%A.qp4,,e,,,,iirtd,
9th of February, which lie alllll4qre
141040? ;ant 411_411 4it IPA OloPle
C#4l-WP 4APE.,, -Pgia"c4' ieste ci
indicted for a rape on Mary Cook,
the ,risonerbac
,v;tltto4;
Doane were Counsel for the Crown; ..,, for, „O. AP,
fended, Details in such cases are 'ants leube rtS,-,peei
eumstances asserted in the evidence).l;ll,7oo',_l, }he
On the night of Saturday, the 12th of
who was in the employ of a person wztt to theotilet'4flo
cutrix lived as servant girl, wen by to
Sadler's Wells Theatre, aecomPania7 eciteetlyiloutrre
man and woman. There they h
together, and after the performane_e: ,ttaboeYdiuclet:;lo,
to the Eagle Tavern, and thence to herself 11,0 010Jil
parted company, the prosecutrix S„,`;01of ;0 re
joinedßr Britannia-tfields
prisoner,herd rwechtowsazihrh
t‘i,waoittin, lit:l,bl
iiiii pber,ocopoi
her." She threw herself on his 131.9 d 'pothiug.4s
had no friends the wide weri4i elo no frieloto,
meter to dope/144pp. lie replied be 0.,,e er_fi- -4e4
then dragged ber •by main replied
ha
(9s her e7tl
Pit, and there effected his purposed her Wa ylet,
'muted. He left her, and she Ilia d°al
/Pro
but did not tell her mistress wheJ„ ilauto 100 01;0031;
the Monday. morning, however; the fen% vrici,
been with her to Sadler's Wens, called qlltiipitt;ieo,sii.ewco
she revealed the outrt?',o, which tig4 beot 001. 'Wei( le'
tion was imut44ely given tot PraPlo cost° 10
L11:9,13-f4aft,if difficult was 0101 Inand teat lot lotpeeil
iirol9"4/ /4A?Frp4llPl6iiil he evidence, „le who s
''` PlO4 CR4441110 charsoter,o, to h
110 /VIP'
iopsos, 4414 prsoner--avlor!
boo,
grlingly familiar terms. verdict Ufa af)
.• •
eptl j.estlo
s, (14:e.4cit'
SAVitliP HARMONIC SOCIET.:,,qi Olga p.
Saul will be produced at Exeter 6, p
evening; ei
in addition to the well-htof,"ot,
chorus
anest
contains many of the greet r
er'4