The Sun.
London, England, 1845-03-04 00:00:00

MANCHESTER AND BUXTON RAILWAY.

Mr.TAnicEs took an objection to the plans of the pro-
moters of this railway, on the ground that the datum line on
the plan did not refer to any fixed point. The datum line on
the plan referred to the top water of the Macclesfield Canal:
It was also objected that this datum line was not as near to
one of the termini of the railway as was required by the
standing order, the distance in the present case being be-
tween two and three miles.

Mr. GRAHAME, for the promoters, contended that the top
water of a canal was as good a datum level as they could
obtain, and that it was sufficiently near to one of the termini,
seeing that there was no other prominent point from which
they could take the level.
Evidence for and against the allegation having been ad.
duced, the room was cleared, and, after the Committee
had deliberated fur about ten minutes, the parties were
called in, and
The CHAIRMAN said that the Committee were of opinion
that the datum line bad not been taken from a fixed point
near one of the termini, and that the standing orders had not,
therefore; been complied with.
This is a most important objection, and one which is likely
to prove fatal to the Bill.

LAW INTELLIGENCE.
HOUSE OF LORDS, March 4.
The House sat to-day to hear appeals. The Peers present
were the Lord Chancellor, Lord Brougham, and Lord
Campbell.

lIAMMERSLEY V. BARON DE BIEL.

The further arguments in this part-heard appeal were re-
sumed to-day.
Mr. KELLY proceeded with his arguments, which he was
prevented terminating yesterday, in consequence of the-Lord
Chancellor having to attend a Cabiiiet Council. The argu-
ments occupied their Lordships the whole morning.

Nothing particular occurred either in the Rolls, or any of
the Vice -Chancellors' Courts.

SHERIFFS' COURT, March 4.
(Before W. BURCIIELL, Esq., and a Common Jury.)
STRAY V. DEMPSEY.

This was an action to recover costs, brought by Mr. Stray,
a shoemaker, residing in Edgeware• road, against Mr. Demp-
sey, painter and paper-hanger, New-road. It appeared that
previous to the month of April, 1844, the defendant owed the
plaintiff 3L 18s. 6d. for work done. The debt having stood
over for some time, on the 15th of that month a writ was
issued at the instance of the plaintiff for recovery of the
amount, while, about the middle of the same day, the defen-
dant, with his attorney, called at Mr. Stray's shop, and ten•
dared the 3/. 18s. 6d. in discharge of the account.
The money was refused on the plea that a writ
had been issued that day, and was in course of service.
The real object, therefore, of the present action was the re-
covery of the costs of the writ, &c., on the ground that the
writ had been issued at eleven o'clock on the 15th of April,
whereas the tenser was not made till nearly one o'clock. On
the other hand it was contended, on behalf of the defendant,
that the tender was made in good time on the 15th, and,
likewise, that a tender had been made on the 13th, but re-
fused. The question was, therefore, narrowed into the ascer-
tainment of the fact, as to whether the money was tendered
before or after the issuing of the writ. Several witnesses
were called, pro and con, whose evidence was of a very con-
flicting character. The jury, however, decided the tender of
the 13th to be bad, and on the other issue, that of the 15th,
gave the plaintiff a verdict for the full amount of costs.

INSOLVENT DEBTORS' COURT, March 4.
(Before the CHIEF COMMISSIONER.)
IN RE JOHN BROCKERSIIIN.

The insolvent in this case had kept a public-house, called
' the Brown Bear, in Broad-street, Bloomsbury ; and in his
examinations by Messrs. Nicholls and Dowse, made some of
the most remarkable statements that, perhaps, had ever been
made in a court of justice. It appeared that the insolvent
had effected an insurance upon his life with the Sun Life and
Fire Insurance Company, and subsequently went to a place
called Weston-super-Mare, from which place a report was
sent to theansurance office that he had been drowned there.
In explanati in of this fact he stated, that previous to sell.
ing his house-in Broad- street, he had been addicted to habits
of intemperance to such a degree, that for many months he
had never been sober for one hour together, the result of
which was a violent attack of delirium tremens, during which
he was quite unconscious of his acts. He went to Weston-
super-Mare in June last; while there, he went down to the
sea-shore to bathe, and left his clothes upon a rock, and
while walking into the water, he trod upon some
seaweed which caused him to slip, and he fell heavily upon
his head, in consequtrice of which, and from the effects of
his previous disease, lie lost all consciousness, and his clothes
being found by some person upon the shore, led to the report
of his death by drowning. For four weeks afterwards, ac-
cording to his evidence, he had not the slightest recollection
of any circumstance which occurred, and at the expiration of
that time, when he became sensible of what was
passing around him, he found himself strapped devil upon
a hard bed in a lunatic asylum in New Orleans.
in America. Upon inquiry, he found that he had been con-
fined in that manner for upwards of three weeks, and so
violently was he treated there, that his limbs became com-
pletely paralysed. As soon as he was liberated from personal
restraint, he contrived to make his escape from the asylum,
and, after wandering about for some time, he returned in
the Great Western steam-vessel to Liverpool, and thence
to London, shortly after which he was arrested.
When be took his passage from America, he assumed the
name of John Bradshaw, which he retained while in London.
He had before been an insolvent, and passed through
this Court, owing a large sum of money, and many of the
papers connected with his creditors had-been destroyed in a
tire which took place upon his premises.
A number of witnesses having been examined with refe-
rence to these statements, the Court, with the consent of
counsel on both sides, adjourned the case, in order that the
insolvent might file a new balance-sheet.

ASSIZE INTELLIGENCE.
HOME ClRCUlT—Hertford, Match 4.
The business of this assize concluded yesterhy, but
the cases disposed of were devoid of interest to the
public.

In summing up to the jury on Monday, on a charge of
felony, in which the evi,tence against the prisoner was
very slight., and principally consisted of her own decla-
rations, and a statement made to the police-constable
who took her into custody, Mr. Baron Alderson took
occasion to make some observations regarding the prac•
tice of officers questioning persons in their custody under
charge, which were listened to with great attention, and
which are of considerable importance.
Ilis LORDSHIP, after remarking_that the general evi-
dence adduced in support of the charge against the pri-
soner appeared very far from being conclusive of her
guilt, said that evidence had been given in addition, re-
lative to some statements or expressions alleged to have
answer to questions put to
her been madebyl hehyoffihceerr, ia n t
the time, or at all events
v
after she had been taken into his
custody.every
shortly
hortlNyow
-he (the Darned. Judge) thought
that evidence of this description ought to be regarded
with very great suspicion. He did not mean to say that
it was any part of the duty of an officer to stop the
mouth of a prisoner—on the contrary, if he chose to
speak voluntarily, he should hear him ; but, most cer-
tainly, he ought to hold out no inducement to
him to make any statement. An officer had no right to
put questions to a prisoner, because the true effect result-
ing from them could only be ascertained by knowing the
exact tones and words of the question, and of the answer;
and it would be very hard indeed upon a prisoner, under
the tribulation of a charge--perhaps a young and timid
person—to give any effect to answers so obtained, unless
they were satisfied that they had the exact words of the
question and of the answer. It was very easy to put
captious and leading questions to a prisoner, and induce
him to give answers which might be taken as entirely
contrary to their true sense. In open court, the jury
had an opportunity of hearing the exact form of every
question, and likewise hearing the precise words of the
answer ; and also seeing the demeanor of the party who
was under examination, and could thus form a good
opinion of the value of the testimony that was given ;
but even then it very frequently happened that learned
counsel put their questions in such a form that the wit-
ness often gave an answer, the sense of which was totally
different to that which he intended should appear, and
the Ceurt was often called upon to interpose and give
the witness an opportunity of explaining what he really
intended to say. This being the case, with how
much greater care ought they to look at statements
obtained from a prisoner under charge, where
even the suppression of a word, or even
the very tone in which a question or answer was given,
might, in the one view, be strong evidence of guilt, and,
in the other, as strong evidence of the innocence of the
party accused. He equally objected to the pretended
candour of an officer telling a prisoner that he was not
bound to say anything—he had no business to do so. If a
prisoner, either acting from the consciousness of guilt,
or of his own free will, chose to make a statement in
connexion with the charge against him, it was the
officer's duty to hear it, and detail it afterwards faith-
fully, upcn his oath; and it was necessary, for the due
administration of justice, that this should be the case.
The jury, after a very short deliberation, Acquitted
the prisoner.
The Commission for Essex will be opened to-day, at
Chelmsford, at eleven, and both Courts will proceed to
business at one o'clock.

WESTERN ClRCUlT.—WincheAter, March 1.
CIVIL SIDE.---(Before Mr. Justice COLERIDGE.)
Only two cases were left for trial this day, the one a special
and the other a common jury cause. On the sitting of the
court the special jury cause was called on, but as only one
special juryman appeared, the counsel engaged in the case
consented to try it by a common jury. The case was opened,
by which it appeared that the action was to try the right to
a small piece of land, forming part (as it was alleged by the
plaintiff) of Fremantle-park, near Southampton. At this
stage the parties agreed on a compromise, and so the case
ended. The other case, an action of ejectment, was than tried,
which presented no feature of public interest.
The nisi priu4 business being thus'disposed of, the Learned
Judge proceeded to try prisoners. No case of importance,
however, occurred.
- -

CROWN COURT.—(Before Mr. Justice EntE )
John Holden was indicted for the manslaughter of Benjamin
Shaw.
Mr. Missing and Mr. Padden prosecuted; the prisoner was
undefended.
It appeared that the prisoner and the deceased were con-
victs on board one of the hulks at Portsmouth ; the pri-
soner having been sentenced at one of the Wiltshire quarter
sessions to be transported for ten years for stealing a
watch. On the 10th of December a convict, who was called
as a witness, stated it was his duty to man the ladders for
breakfast, which the convicts did by turns. Having
done this he went into his ward, followed by the deceased.
The prisoner was there, and was accosted by the deceased,
who said, " What! you here again ; why you —, you are
always skulking your work." To this the prisoner made
some angry reply, and the deceased then went up to him,
took him by the collar of his coat with both hands, and shook
him. The prisoner offered some resi.tance to this, when the
deceased put his hand to the back of his head, and pressed
his head down. The signer thou made a violent push at