The Sun.
London, England, 1844-09-06 00:00:00

Court of Session had decreed that the late Earl had no
such power.

Lord CAMPBELL now delivered judgment, affirming
the decree of the court below.

SEPTEMBER 5.
Their Lordships met to-day at ten o'clock, for the
purpose of giving several judgments. The Peers present
at the time were the Lord Chancellor, Lord Brougham,
Lord Cottenham, and Lord Campbell.
ADAM V. FARQUIIARSON. BLAKIE V.
Their Lordships affirmed the judgment, with costs.
CARRICK V. BUCHANAN.
The judgment in this case was also affirmed.
LINDSAY V. THE EARL OF ABOYNE.
The judgme►►t of the court below in this appeal was
affirmed with costs.

WATERS V. GROOM.

This judgment was ordered to be affirmed, with costs.

KNIGHT V. THE MARQUIS OF WATERFORD.
In this appeal their Lordships ordered the judgment
below to be reversed, and the bill to be retained for a
limited period, leaving the plaintiff., if he could, to
establkh his title at law to the tithes, the subject of
the suit.

CHARTER V. TREVELYAN.

The judgment of the appeal was affirmed, with costs,

ROSS V. THE DUKE OF SUTHERLAND.
The judgment in this appeal %vas affirmed, without costs,

COMMISSIONERS OF BANKRUPTCY.
Lord BROUGHAM, in the course of the morning, moved
for a return of the number of days the Commissioners of
Bankruptcy had sat fur the last three months, distin-
guishing the several months ; and also for a return of
the amount of revenue for the Customs of Excise for the
current quarter, up to September. In moving for
the first return, the Noble Lord stated that
he hoped his Noble and Learned Friend on
the Woolsack would take an early opportunity of remov-
ing one of the greatest grievances which the suitors of
the City of London were subject to, namely, the Com-
missioners of Bankruptcy only sitting for two or three
days at most in a week, crowding twenty seven or thirty
things into one morning's sitting.
The LORD CHANCELLOR said he had NO authority over
them.

Lord BROUGHAM—Oh yes, you have, by the last Act.
He had great satisfaction in moving for the last return,
as it would show there was an increase at the rate of a
million a year in the Customs. That being the case,
and freight having risen 30 per cent. within the lost two
months, such was the admirable and satisfactory state of
the trade of this country, that it made him grievously
regret there should be any people in the world so insane
as to wish for war.

Lord CAM:. BELL said he only abstained from making
any observations on what had been said by his Noble and
Learned Friend, on the ground that it might be detri-
mental to the suitors, by preventing their Lordships
from giving their judgments in the different cases
13,fore them.

Lord BROUGHAM was sure his friend did not mean to
say he was for war.

Lord CAMPBELL--No; I should point out the best
mode to preserve peace.
The LORD CHANCELLOR said that as to the Commis-
sioners of Bankruptcy, they had enough now before
them in deciding questions on his Noble Friend's Bill.
Lord BROUGHAM said the Commissioners chose to
crowd twenty-seven or thirty cases into one morning's
business, in order to get away to their villas in the
neighbourhood of London ; and as to his Bill, they put
the most wrong and erroneous constructions upon it.

CARRILL V. GLEESON.

In this case the judgment of the Court below was
affirmed with costs.

SEAFORD V. MORRIS.

The decree in this vase was affirmed as to the copy-
hold property, and reversed as to the freehold, with
liberty to enter another appeal.
THE CASE OF MR. O'CONNELL.

Lord CAMPBELL moved that the retvons given by
their Lordships in giving judgment in the case of the
Queen v. O'Connell, be printed —Agreed to.

POLICE INTELLIGENCE.
(YESTERDAY.)
GUILDHALL.

Wednesday Mr. Alderman Wood was occupied a
considerable time in investigating a charge of stealing
about 741. in gold, silver, and notes, from an Irish pig-
dealer. The charge was made against William
Franklin, a young man lodging in Hoxton, and also
said to be a pig-dealer.
The facts of the case have already been reported.
After hearing additional evidence, Mr. Alderman
Wood said he had no doubt of the prisoner's guilt.
The stolen notes were traced to his possession.
The prisoner was committed for trial.
'VARY LEBOIVE.

Wednesday Henry Wagstaff, residing at No. 23,
Harrow-road, was charged on a warrant obtained
against him by Rachael Wagstaff, his wife.
Complainant stated that she had been married
nearly ten years to defendant, and that they had
lived apart since June last, when he attacked and
broke three of her ribs, for which offence he was fined
a; on the 20th of last month as she was going
from home, he followed and threatened to annoy her
wherever she went, at the same time vowing, as he
was determined upon being revenged, that he would
cut her up into quarters, grill her bones upon a grid-
iron, and broil her heart at the back of the fire, in
spite of any attempt which might be made by mortal
power to prevent him.
Defendant—l deny the truth of the greater part of
what my wife has alleged against me. I have no in-
tention whatever of injuring her.
Mr. RAWLINSON ordered him to enter into his own
recognisance in the sum of 201. for his keeping the
peace towards complainant for twelve months.
CL E I? KEA IV EL L.
STABBING.—John Ueren, a stonemason, residing
at No. 23, Eagle court, St. John's-lane, Clerkenwell,
was charged with stabbing Jane Ueren, his wife, so
as to endanger her life.
It appeared that the prisoner returned home be-
tween nine and ten o'clock on the previous night. His
wife had supper prepared for him at the usual time,
seven o'clock, but it became cold whilst he was squan-
dering his earnings at a neighbouring gin-shop. He,
in consequence, applied very gross language to her,
and she endeavoured to soothe him by putting the food
on the fire for the purpose of heating it, when seeing
him seize a knife she ran towards the door, but the
prisoner overtook her and made a thrust with the
knife at her body. The knife entered the thick part
of her arm. She cried "Murder," and a lodger
called in a policeman. The prisoner by the force of
the thrust bent the knife against the bone of the arm,
but having made it straight, was eating his supper
very unconcernedly with it when taken into custody.
Mr. IVilliam Walker, a surgeon, deposed that the
wound was three quarters of an inch in length and
an inch and a half in depth, the knife having pene-
trated to the bone.
Mr. COMIIE (to the prisoner)—What have you to
say to the charge ? Prisoner—That it's true.
Mr. Combe remanded him.
Mr. G. Stephens Murphy, residing in Spencer-
street, Northampton- square, was brought before the
magistrate, charged with causing the death of John
Rogers, and injuring three other persons, one of whom
(Elizabeth Bignall) is despaired of.
Inspector Froud, of the S division, announced that
an inquest had been held that day at the Whittington
and Cat, Holloway, before •Mr. Wakley and a 'jury,
on the body of Rogers, and a verdict of Accidental
Death was returned.

Mr. Murphy (whose face was plastered in several
places) was about to leave the court, when
Mr. COMBE said—Pray remain a while, Sir; as
you have been brought before me I must hear some
evidence before I can discharge you.
Mr. Murphy—But I have been discharged by the
coroner, and he told me there was no charge against
me.

Mr. COMBE—I cannot say what the coroner may
have told you. The coroner has no power to take a
prisoner from the magistrate's jurisdiction. He has
often tried it, but he never could succeed. In the
present case one person has lost his life, three others
have been injured, two of them seriously, and I can-
not part with you until the matter undergoes inves-
tigation. What was the evidence adduced at the
inquest?
Inspector Frond—Two witnesses only were ex-
amined, one, a Mr. Duckworth, of Finchley, with
whom the prisoner dined on the day in question, and
who proved that he was sober when leaving his house ;
and another gentleman, who saw the horse running
away a short time before the cataitrophe. The fore-
man of the jury asked questions of the Bignalls, two
of the sufferers. who said they believed it was acci-
dental.
Mr. CoiußE—Well, I must say that is the strangest
way of obtaining evidence that ever I heard. Sir
(addressing Mr. Murphy), you must be bound
over to appear here to-morrow to answer the charge.
Recognizances were entered into, and Mr. Murphy
left the Court accompanied by his friends.
One of Wilson's omnibus drivers on the Holloway-
road was charged with furious driving, and thereby en-
clangoring the lives of her Majesty's subjects. The
number of the omnibus is 3,871.
Police-constable, 175 N, deposed that on Sunday
morning he saw the omnibus going from Holloway
towards th., City. When the prisoner reached the Blue-
coat Boy he began to lash his horses violently, and gal-
loped down the road at the top or their speed, in order
to get before an omnibus in advance of it. This, by dint
of hard driving, he effected. The road was crowded at
the time with persons going to Divine service, and they
were running on to the pavement in order to avoid the
vehicle.

The witness, in answer to a question from the Magis-
trate, said this conduct had become habitual with the
defendant.—He was fined 11., and costs.

WORSHIP-STREEP.
Francis Crocker, who stood charged with having
fraudulently obtained the sum of 155.; and a gold
wedding-ring from a young servant girl named Mary
Judd, under the pretence of prosecuting at her suit a
young man named Abel, for breach of promise of
marriage, was brought up for final examination.
At the former examination the prisoner positively
denied having assumed the character of a solicitor in
the transaction, but represented himself merely as an
agent, and in that capacity delivered the papers he
had received from the prosecutrix, as the ground-
work of the action, to the clerk of a solicitor named
Hutson, who had neglected to carry on the suit,

Mr. Hutson, the solicitor, now stated that he had
I not the slightest personal knowledge of the prisoner,
but he had ascertained from his clerk that the prisoner
had left some papers at the office relating to the mat-
ter, but no money had been received from him ; and
it being the opinion of a pleader, before whom the
documents were laid, that they did not furnish
grounds sufficient fur an action, no proceedings what-
ever had been commenced. Nothing was at that time
known respecting the presentation of a wedding-ring
to the proseeutrix ; for had that fact been divulged by
the prisoner, it would, no doub', have been deemed
sufficient to constitute ample grounds for the contem-
plated proceedings.
Mr. BROUGHTON then ordered the depositions to be
taken, and the prisoner was fully committed.
LAMBETH-STREET.
THE LATE CASE OF CRUELTY TO A CHlLD.—Wed-
nesday Elizabeth Pollen, alias Webb, was again brought
before the Hon. G. C. Norton, charged with dreadful
cruelty to a child.
Previous to the case being gone into a gentleman
handed a sovereign to the magistrate for the mother,
and said he was requested to present the money by
the lady of an Earl, who did not wish to have her
name published. Her ladyship wished it merely to be
acknowledged under the initials " S. N."
Mr. NORTON said he had also received a letter on
the subject from Mr. George Robins, the eminent
auctioneer, who wished to know if there was any
charitable institution in the metropolis which would
meet the case of the poor woman ? If there was he
should be most happy to hand a handsome subscrip-
tion to the Secretary; and if there was no such in-
stitution he would subscribe towards the formation of
so useful an establishment.
The gentleman then said with the kind permission
of the magistrate he would take the child and buy it
a pair of shoes. The gentleman then took the child
to a ready-made clothes warehouse, and completely
clothed the little fellow from head to foot.
Mr. NORTON directed that the mother should be
brought in, and Police-constable Hands informed his
Worship that he had made every inquiry into the
character of the mother, and had traced her to seve-
ral places where she lived. No female could bear a
more exemplary character, everybody described her
as a meek, kind-hearted creature, and a most honest
and industrious woman.
The. MAGISTRATE then informed the poor woman
that he trusted now her ill-usage and suffering would
terminate, as several benevolent individuals had al-
ready exerted themselves on her behalf. He then
requested one of the ushers of the court to hand her
10s. for her immediate use, and said that with the
subscription, perhaps the bette.• plan would be to place
her in some little business.
The mother, with tears in her eyes, begged to
thank the Magistrate for his humanity, and to return
her thanks to the charitable individuals who had be-
friended her.
Hands, the officer, then brotreht up the father, rind
he was placed at the her beside the eetnale pr sorer.
The officer said that the father ens ie a sad p!igh, as
his Worship might rereeive ; but this was occasioned
by the workmen at the shop where the male prisoner
worked administering to him what they termed a dose
of " Lynch law." The fellow having had the teme-
rity to show himself among his comrades, was taken
betbre the foreman for having brought scandal upon
his fellow-workmen by his shameful conduct. He
ss as regularly tried by the laws of the society, found
guilty, and the foreman condemned him to be tarred
and feathered, which was carried, with hearty good
will, into immediate execution.
Mr. NORTON—If I understand rightly, Hands, you
took this case upon your own responsibility ? The
Police-constable—Yes, Sir. I demanded to see the
child, which was at first denied ; the female prisoner
then said it was her own child, and at that time I did
not know that she was not married to the man at
the bar.
Mr. NORTON This is a case of unheard-
of cruelty, and your conduct is highly merito-
rious. The parish have declined to prosecute ?
The constable informed Mr. Norton that the board
of guardians refused to take the matter in hand,
although at the request of his Worship.
Mr. NORTON—The case shall certainly go for trial,
and let the depositions be forthwith sent to the Home-
office, with the request for the Home Secretary's per-
mission for the constable to prosecute.
John Lewis then deposed that both the prisoners
came to lodge with him in the month of April last,
and were in the habit of most cruelly ill-using the
poor child. The female would frequently keep it
without food for two days together. Both the father
and the female, with whom he lived, beat it in a most
dreadful manner with a thick whip. The child was
not allowed to play with or speak to other children.
The prisoners only lodged with him for two months,
during which period the poor little fellow had fre-
quently two black eyes. The child was invariably
beat two or three times a week, and the father would
frequently come home late at night, wake it out of
its sleep, and give a most dreadful beating. Witness
has known the child to be kept so long without vic-
tuals, that he has gone into the street, and picked up
pieces of cabbage-stumps, and eaten them in the most
ravenous manner, for which the female beat it with a
whip with the greatest cruelty.
Another witness proved that the father was present
when the female beat the child in a most horrid man-
ner. She had, also, on several occasions taken the
child in her arms, and thrown it from one wall to the
oter with such frightful violence that it was a mercy
his brains were not dashed out.
The mother here stepped forward, and informed
the magistrate that the poor little thing was not suf-
fered to go down into the yard, and the female pri-
soner, on two occasions, made the child eat most
revolting filth.
Mr. NORTON—WeII, here is a horrid case of cruelty,
and yet the parish and the board of guardians decline
to prosecute. I am, however, determined to send the
case to the sessions, and I shall make the constable
the prosecutor.
The police-officer was then bound over to prosecute,
and both prisoners were fully committed.
Mr. NORTON acknowledged the receipt of 20s. from
an anonymous quarter for the use of the mother.
MARLBOROUGH-STREET.
Mr. William Colin Smith, of No. 10, Victoria-grove,
Kensington, barrister-at-law, was charged (as entered
on the police-sheet) with being drunk and riotous, and
assaulting the police.
Police-sergeant John Wells, No. 185 of the C division,
stated that between one and two o'clock this morning,
as he was proceeding on duty through James-street,
Haymarket, he saw the defendant in a very drunken
state holding by some area railings. Two dirty, low
prostitutes were with him ; they took him by the arms,
and were endeavouring to get him away. One of them
seeing witness approach, called out, "Ellee, here's a
b--y peeler corning." He then went up to
the defendant, and acquainted him with the cha-
racter of the company he was in, on which
the defendant said " You're a d—d, infernal, lying
scoundrel—one of them is my wife." The witness,
having done what he thought to be his duty, to put the
defendant on his guard against being robbed, was walk-
ing on, when he followed him, made use of grossly
abusive language, and eventually assaulted him by taking
him by the collar ; on which witness took him into
custody.
The defendant was proceeding to cross-examine the
witness in a very loud and violent strain, when he was
reproved by Mr. lIARDWICK for his intemperate and
unbecoming mode of conducting himself.
The defendant said that he was perfectly sober. He was,
in fact, returning from a professional consultation. He
was certainly speaking to two very young unfortunate
prostitutes, who had accosted him, soliciting charity.
He gave them a shilling. He had a serious charge of
misconduct against the police, which he should instantly
prefer in the proper (marten
Mr. HARnwicK asled Inspector Aggs, of the C divi-
sion, if there could be any doubt of the defendant being
in an intoxicated state?—The inspector said he was
beyond all question drunk—extremely so.
Mr. Hartnwicre said he believed the statement of
the police-sergeant, and should, therefore, fine the de-
fendant 40s.
A friend of the defendant immediately paid it, and he
was discharged.