The Sun.
London, England, 1844-12-14 00:00:00

COURT OF CHANCERY, Dec. 11.

,
The Lord Chancellor sat in Lincoln's-inn Hall to-day
and heard lunatic petitions and appeal motions, none of
which possessed any points of interest.

VICE-CHANCELLOR'S COURT, Dec.
(Before the VICE-CHANCELLOR Of ENGLAND.)
His HoNoua was occupied the whole morning with
unopposed petitions and short causes.
(Before Sir J. WIGRAH.)
LEE V. PAIN.

The arguments in this case, which have occupied the
Court for several days continuously, were concluded this
morning; his Honour takes time to consider his judg-
ment.
The Court then resumed the hearing of the arguments
in " Mallalcu v. Miller," already reported, which comes
on again on some points reserved for rehearing.

COURT OF QUEEN'S BENCH, Dec. 13. k
Lord Denman sat at Nisi Prius to-day, with a London
Special Jury, at the Guildhall. The Court was occupied
the whole morning in trying the case of
XDRANELLI V. BLACK AND OTIJIRS,
an action brought by the proprietor of a brig Guiachimo
de Giorgio, against the underwriters, to recover the in-
surance effected on his vessel for her voyage from Ro-
setta to Ancona which vessel, during the course of that
voyage, struck upon the rock Suut-au-Angelo, and was
lost. The demand was resisted, on the ground that the
captain of the vessel had improperly deviated from his
course, and that the loss had occurred solely in conse-
quence of that deviation.
The case, which had not concluded when we went to
press, will probably last all day.
COURT OF EXCHEQUER, Dec. 13.

:Sittings at Guildhall, before the LORD CffiEy BIRON.
and a Common Jury.)
BURY V. BICKNELL.

This was an action to recover damages fur the injury
which was alleged to have been done to two volumes of
architectural works, published by Puzin. The books
in question, which consisted of plates and letter-press,
were sent to the defendant, a bookbinder, living in Cole-
man-street, to be bound, and the complaint was, that
the plates were misplaced, and otherwise injured, so as
greatly to reduce the value of the books.
The principal defence was, that the paintiff himself
was only an agent, the works belonging to his brother,
and that, as such, he was not entitled to maintain the
action.

Verdict for the plaintiff—Damages, 31. 10s.; costs, 40s.

COURT OF COMMON PLEAS, Dec. 13.
(Sittings in London.)
The Lord Chief Justice and a special jury were occu-
pied the whale morning with the case of Ilarby v. Molt,
which arose out of a dispute as to the manner iu which a
cargo of timber was measured for freight from Malabar
to London. It was wholly uninteresting to the public.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT.—York, Dec. 11.
(Before Mr. Justice COLERIDGE.)
A man, named William Makin, aged 29, was charged
with having, on the sth of October last, at Lockwood,
near Huddersfield, in the West Riding, feloniously and
violently assaulted Mary Ann Armytage, and commit-
ting a rapo upon her person.
Air. Pashley and Mr. Monteith prosecuted, and the
prisoner was undefended.
The prisoner is a married man, residing at Crossland-
moor, in the parish of Lockwood. The prosecutrix is a
mill girl, 15 years of age, and—like too many, we fear,
of her class—did not appear to possess much of the com-
modity called modesty. In the witness-box she gave her
evidence with the most unblushing impudence, though
she ascribed as a reason for not immediately informing
any one of what she alleged had been done to her, that
she " dursn't do it for shame." The prosecutrix lodged
with the prisoner, and before his marriage she had lived
with his wife, who at that time had two bastard chil-
dren. The prosecutrix slept in the same bed with an
old woman and a boy, and in the same room slept the
prisoner, his wife, and another boy. It was urged for
the prosecution, that in the absence of all from the house
but the prosecutrix the prisoner effected his purpose,
and if her evidence, when examined by her own counsel,
was to be believed, much against her own desire. His
Lordship, however, who had the depositions before him,
put several questions to her, in answering which she
committed herself in a variety of ways, contradicting
statement after statement almost as soon as she had
made it. It appeared that criminal connexion had taken
place between them, but that it was in opposition to the
girl's desire appeared very doubtful indeed.
Mr. Justice COLERIDGE summed up, and presented the
case to the jury somewhat in the manner we have de-
scribed it.

The jury retired, however, to consider their verdict,
and, after an absence of three minutes, Acquitted the
prisoner.
In this case the law was so clearly laid down by his
Lordship, that surely there was no necessity for the jury
to retire. As it is customary, however (that the cases
may not be delayed),shear to in another juryimme-
diately upon the retirement of the preceding case, these
Yorkshire juries, after sitting for about two hours, get
tired, and when the case concludes they beg to retire,
that they may escape for a time the duties which they
are called upon to bear. B generally happens that not
a minute elapses between the swearing in of the new jury
and the return of the others, and in the case above re-
ported they positively returned before the whole of the
ceremony of installing the new jury was concluded. This
practice hinders to such a degree the business of the
assizes, already so long protracted, and is so notorious to
every one here, that we have deemed it our duty briefly
to refer to it.

John Kendrew, who was yesterday acquitted on an in-
dictment charging him with feloniously harbouring, aid-
ing, and assisting his brother, William Kendrew, well
knowing him to have been guilty of a felony in wilfully
murdering one Mr. Inchbald (as reported yesterday),
was to-day placed upon his trial, charged with stealing,
on the 29th of September last, at Boroughbridge, one
pistol, the property of Ann Glenton.
Mr. Wilkins and Mr. Overend prosecuted the prisoner,
who, himself, was undefended.
The prisoner had lodged in the same house with the
prosecutrix, and the case was connected in a great mea•
sure with that reported yesterday, the pistol having
been stolen just prior to starting from Boroughbridge
with his brother William for Newcastle, where it was
pawned. The prisoner was not actually seen to take
the pistol ; but he was pro ved t have knn where it
used to be kept—to have said soon after the pistol had
been missed that he had a pistol then, when he was never
known to have had one before, and to have pawned it at
Newcastle. The duplicate also was found upon him ;
the pistol was clearly ideNtified, and on being appre-
hended he gave false names. Altogether there could be
no doubt on the face of the evidence that the prisoner
had been guilty of the felony with which he was charged.
Mr. Justice COLERIDGE summed up, and
The jury, without hesitation, found the prisoner
Guilty.—To be transported for seven years.

WESTERN ClRCUlT.—Taunton, Dec. 11.
(Before Mr. Baron ALDERSON.)
Charles Dyer was indicted for maliciously wounding
John Organ with a hatchet, with intent to kill and mur-
der him.

Mr. Prideaux conducted the case fur the prosecution ;
Mr, Stone defended the prisoner.
From the evidence it appeared that the prosecutor was
a carpenter at Promo, and the prisoner was his appren-
tice. On the 20th of September the prosecutor and pri-
soner had been out together in a cart. On their return
home the prosecutor found fault with something the
prisoner had done, and the latter becoming abusive, the
prosecutor struck him with a small stick. The prisoner
went to another part of the shop, seized a hatchet, and
struck the prosecutor with the hatchet on the head, and
inflicted a severe wound, and afterwards said, if he had
not split his skull he would do so.
Mr. STONE, in addressing the jury for the prisoner,
said he had not an opportunity of telling his story, or ex-
plaining his conduct.
Mr. Baron ALDERSON said, that in his opinion every
prisoner had a right to make a defence for himself, in ad-
dition to what might be urged in his behalf by his coun-
sel, otherwise the Prisoners' Counsel Bill would be one of
the most unjust things in the world.
Mr. STONE then contended that the prisoner had only
acted in self-defence, and suggested that the jury might
secure the prisoner punishment by finding him guilty of
a common assault.
Mr. Baron ALDERSON said, that it was not a case of
common assault. If the prisoner had only acted in self-
defence, and had not done more than was requisite, they
would acquit him altogether. He was very sorry that
the Legislature had introduced such a power, because it
enabled juries, as it were, to legislate. It was, in his
opinion, a very dangerous thing.
The jury found the prisoner Guilty.
Mr. Baron ALDERSON said, he disapproved of a master
striking an apprentice ; at the same time, the prisoner
had been guilty of great misconduct in abusing his
master. The sentence of the Court was that the prisoner
be imprisoned for a year.
Isaac Padfield was indicted for maliciously wounding
John Horler.
Mr. Stone conducted the case for the prosecution, and
air. Edwards defended the prisoner.
From the evidence of the prosecutor it appeared that
he and the prisoner were going along the road, the latfir
riding on a donkey, when sonic persons who were with
them pulled the prisoner off the donkey. The prisoner
then threw two stones at the prosecutor, which struck
him. It hen seemed that Horler struck the prisoner's
father and mother, who were present, several times.
The prisoner then threw a third stone, which struck the
prosecutor on his head, and inflicted a severe wound.
He was attended by a surgeon for two months, and se-
veral pieces of bone were removed.
Mr. Baron ALDERSON said, this was one of the cases
which would justify a party being convicted of a common
assault.
The jury returned a verdict of Not Guilty.
Mr. Baron ALDERSON—Not of an assault, gentlemen?
Did he not throw the stone ?
The jury—My Lord, we think he was justified.
Mr. Baron ALDERSON--NO, gentlemen, he was not
justified in point of law. You must reconsider that. If
you think he did not throw the stone, that is another
thing.
The Learned JCDGE, after the jury had been coa-
suiting some time, said, he thought he must under the
Act of Parliament confine their attention to the third