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

CIVIL SIDE.

(Before Lord Chief Justice DENMAN and a Special Jury,

DYSON V. GRISSELL.

This action was brought by the plaintiff, the well-
known horse-dealer of Waltham-cross, to recover from
the defendant the sum of 701. upon the warranty of a
horse.

Mr. E. James and Mr. Bramwell were for the plaintiff;
and Mr. Sergeant Channeil and Mr. Peacock for the
defendant.

It appeared that the defendant, who is a gentleman re-
siding at Clapham, had had several dealings for horses
with the plaintiff, and among others he purchased the
bay horse in question and used him for some time in his
carriage. He subsequently took a fancy for another
horse which the plaintiff valued at 1301., and an arrange.
ment was eventually made that 70/. should be allowed
for the bay horse, upon the condition that he was in as
sound a state as when the plaintiff originally sold him,
and the remainder was paid by a check. The exchange
accordingly took place, but the plaintiff discovered
almost immediately that he was lame from a sprain.
The jury found for the plaintiff—Damages 704

WESTERN ClRCUlT.—Winchester, March 1.
CIVIL SlDE.—(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 then tried,
which presented no feature of public interest.
The nisi prius business being thus:disposed of,:the Learned
Judge proceeded to try prisoners. No case of importance,
however, occurred.

CROWN COURT.—(Before Mr. Justice ERLE )
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 lOth 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 I 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 resistance to this, when the
deceased put his hand to the back of his head, and pressed
his head down. The prisoner then made a violent push at
the deceased at the lower part of his person. Deceased lot
go his hold, staggered back to his locker, and exclaimed he
was stabbed. A surgeon was sent for, and found that the
man had been stabbed in the groin, and an artery was
severed. The mate of the hulk deposed that he was called
to the spot, and took the prisoner into custody; and from his
manner, and what he saw and heard at the time, he had no
doubt it was an accident, and that the prisoner, when he
made the push, had no intention of stabbing the man as he
had done.

Mr. Justice ERLE summed up, laying it down as the 'law
of the case, that if by the negligence of thh prisoner the de-
ceased had met with his death, he was guilty of the crime
charged against him. The circumstances might mitigate the
offence with regard to the punishment, but could not with
regard to the nature of the offence.

The jury found the (prisoner Guilty, but strongly recom.
mended him to mercy.
Sentence was deferred.

CENTRAL CRIMINAL COURT.

ThomGs Howell, aged 27, cabinet-maker ; Frederick
S,niE, 31, printer ; and Robe; Franklin, 23, tailor,
were indicted for burglariously breaking and entering
the dwelling-house of George Warrener, in the parish
of St. Edmund the King and Martyr, with intent to
steal, and stealing therein two rings value 4L, the pro-
perty of Felix Gatays.
Mr. Robinson conducted the prosecution ; Mr. Payne
defended Howell. The other prisoners had no counsel.
The particulars of this case have already appeared in
the police reports. From the evidence it appeared that
the prisoners had taken acab from the stand at St. Paul's.
They directed the driver to stop in Lombard-street, near
the George yard. He did so, and two of them got out,
leaving Franklin in the cab. It was then about a quarter
before ten o'clock in the night of the 10th of January.
At ten minutes before ten, the chambermaid at the
George and Vulture hotel, which is in the George-yard,
Cornhill, found the prisoners Howell and Smith in the
room of a French gentleman named Gatays. She de
manded what brought them there, and they first named
Mr. Gatays, and then tried to pass her and get away.
She tried to lock them in the room and cried for help,
but they broke out and rushed down stairs. At the
bottom, thoy were encountered by Mr. Warrener, the
landlord, who, after a violent struggle, secured them.
The other prisoner came in after the capture bad been
effected, and after a little while he also was taken into
custody ; at the station-house he was fully identified by
the cab-driver as the man who remained in the cab. A
number of keys were found on the person of Howell, one
of which opened the door of the room occupied by M.
Gatays, anti some similar articles were found on Smith.
A curious difficulty arose upon the framing of the in-
dictment, which was handled by Mr. Payne with his
usual ingenuity for the benefit of his client. The George
and Vulture, it appears, is built across the boundary
line between the parishes of St. Edmund the King and
Martyr and St. Michael, Cornhill. The house can be
entered by doors from either parish, but it was clear
enough that the prisoners must have entered from the
one situate in St. Edmund the King and Martyr. How-
ever, the boundary line passed through the very room
in which the robbery was committed ; the door, the bed,
and the chest of drawers, being in the parish of St. Ed-
mund the King and Martyr, whilst the dressing-table,
from the drawer of which the rings were taken, was in
the parish of St. Michael, Cornhill. Under these cir-
cums-ances. the Recorder suggested to Mr. Robinson
that it would be well for him to rely only upon the count
for burglary with inttnt to steal, and to abandon the
charge of the actual stealing, the latter act not being
clearly committed (if at all) in a different parish from
that laid in the indictment.

His LORDSHIP, in summing up, recommended the jury
to confine their attention to this view, and he took a
special note of Mr. Payne's technical objection, to be re-
served for future proceedings, if necessary.
The jury, after a short consultation, expressed a wish
to retire. They remained out for nearly an hour, and at
a quarter to six o'clock returned a verdict of Guilty
against all the prisoners.

The COMMISSIONERS of SEWERS
of the CITY of LONDON.
Oa Saturday last a deputation from the Commis-
sioners of Sewers for the City of London waited upon
the Lord Mayor, at the Mansion-house, and presented
his Lordship, on his retirement from the chair of that
Commission, a handsome silver ink:tand, with the fol-
lowing inscription:—
" At a public meeting of the Commissioners of Sewers
of the City of London, and liberties thereof, in the
Guildhall of the said City, on Thursday, Feb. 25, 1845,
Walter Anderson Peacock, Esq., Deputy, in the Chair,
Resolved unanimously, that the thanks of this Court are
due, and are hereby presented, to the Right Hon.
Michael Gibbs, Lord Mayor, for the great and valuable
services rendered to the public and this Commission, as
their chairman for the last eight years, for the extra
ordinary business habits, regularity and dispatch with
with which he has conducted the many important mat-
ters subject to the control of this Court, whereby he
has materially assisted in carrying out works unprece-
dented in extent, and calculated to insure to his fellow-
citiz-ns, as well as to the inhabitants of the surrounding
districts, advantages hitherto unknown, and for which
this Court present to his Lordship this mark of their
respect, with a hope that whether in public or in private
life he may realise every comfort he can enjoy."

The freight of coals from the Tyne to London has
suffered an extraordinary fall during the past week, to 6s.
6d. to 7s. per ton. The freight from the port of Sunderland
has ranged from Bs. to Bs. 6d.—Neweastle Paper.