The Sun.
London, England, 1845-01-01 00:00:00

CHARLES RYLES V. GARDNER AND ANOTHER.

Mr. PETERSDORF, who appeared for the defendants in
this action also, proposed that the jury should not he
troubled with a repetition of the facts, but that a verdict
should be entered for the plaintiff, damages 101., as in
the previous action.
Mr. WILKINS, oa the part of the plaintiff, assented to
this proposition, and the jury found a verdict accord-
ingly.

."1

COURT OF BANKRUPTCY," nee. 31
(Befo-e Mr. Commissioner lioLaovn.)
IN RE CHARLES CASH.
In this case the bankrupt, lately an ironmonger in
Whitechapel, whose affairs hive been frequently re-
manded, on the ground of the unsatisfactory nature .of
his accounts, was again put back till the 11th February,
for a similar reason. The official assignee said that the
bankrupt himself
.was convinced that the statements in
his balance-sheet were not sufficiently- explanatory, and
therefore craved a little time to amend them.
His HONOUR, under these circumstances, ordered that
the accounts, satisfactorily. made out, should be in the
hands of creditors before that time.

INSOLVENT DEBTORS' COURT, D«.;0.
IN RE ALEMANDIR EIRTWIIIIITLE MACKIE.

This insolvent, who has been before the Court se-
veral times, appeared today for final judgment. He
had been connected with Mr. ,Stead, the,pat4ntee ,of
wood pavement, and a question, was raised on the
character of those relations, himself claiming to have
been licensee of Mr. Stead, and the latter gentleman
asserting that the insolvent was only his agent; and a
debtor to him. •

• The whole matter had been referred to the Exa-
miner of the Court, who had held numerous meetings,
but had not been able to arrive at anything like a
conclusion. It was then agreed that the insolvent
should give an undertaking to attend before the
Examiner after the release.
Another opposition was gone into, but being merely
an inquiry into accounts, was not, as may easily be
conceived, of the remotest interest to the public.
The insolvent was then discharged.
IN RE ANN , FOWLER.
In this case Mr. WOODRUTFE sought to make ab-
solute a rule to vacate a vesting order taken obt by a
creditor who had since taken his debt, and discharged
the insolvent.
'Mr. COOKE opposed:' the rule ;and submitted, that
as there were other creditors the vesting order ought
not to be discharged until their claims were satisfied.
Mr, Commissioner PoLLocx thought that no good
could be derived from maintaining a vesting order
after the insolvetat's release from custody. The fact
of the detaining creditor receiving payment of his
debt was a consent to the discharge within the mean-
ing of the Act of Parliament, and, consequently, he
could have no right now to complain of the vacation.
The rule ,was made absolute.

r,

' f.

SURREY S I:iiSION S.
(Before Mr. Puctur'iiid a full bench of Magistrates,)
The general• Quarter-cessions for the county of Surrey
commenced yesterday, at the Court-house, St. Mary
Newington. There was a very numerous attendance of
magistrates upon the bench, amongst when; we noticed
the county Members.. • ...• , ,
The calendar, although containing the names of only
33 prisoners since the last session for this county, was,
in point of the nature of the crimes With, vihich the se-
veral prisoners were charged, what might be. termed a
heavy one The various prisoners were classified in
such a manner as to present the respective degrees of
education possessed by each. Out of the 33 prisoners so
classified, only four could read and write well, •14 could
read and write, very. .imperfectly, and the remainder were
Wholly unable to 'either read er write. Thirty-one of
the prisoners for trial were charged with felony, the
other two being misdemeanants.
The grand jury having been sworn,
The CMAIRMAN briefly addressed them.
After the grand jury bad retired the Court entered
upon the usual county business.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HOUSE.
A boy, named Rickard Mumford, was brought
before the Lord Mayor, charged, with having most
cruelly ill-used a donkey.
William Harris, a labourer, residing in Castle-
street, Bethnal-green:stated that on Friday, last the
prisoner borrowed his donkey. In the evening, in
consequence of information which he received, he ran
home, and found the donkey lying in the yard as if
dead. He, however, got it upon its legs, and, upon
examining the hinder parts, he found the skin tern off
the thighs, and the flesh lacerated and bleeding. He
then ran after the prisoner, who, he had been given to
understand, had been beating the poor animal, over-
took him in Norton Folgate, and gave. him into the
custody of a policeman. The donkey had been per-
fectly well when the primmer took it away in the
morning.
A boy, named Benjamin Bryant, stated that he saw
the prisoner about four o'clock in the afternoon a.
Friday thrust a stick into the donkey, beat it
Y) an
most severely. •
Mr. May, Assistant Secretary to thelCatioeal
Animals' Friend Society, stated that on Monday he
went to the residence of the owner of the donkey and
examined the animal, which was greatly lacerated
about the thighs, and appeared to be suffering se-
verely. There was, a discharge ~of purulent matter
froin the wounded parts.
The LORD Ma.voa asked the prisoner what he
had to say in answer to such a charge of brutality ?
The prisoner merely said that he gave the. donkey
no more than moderate-chastisement for its obstinacy,
and that the injury it sustained had been inflicted by
a crowd of boys.
The Loan NATOR said he was determined to
punish such brutal cruelty as heavily as possible. The
case was not one which he could for a moment think
of summarily disposing of, as the authority of the
magistrate, under such circumstances, could not avail
in at all proportioning the:punishment to the offence.
He should, therefore, commit the prisoner to New-
gate, to be tried 'at the Central Criminal Court for
the misdemeanour, which could be punished by trans-
portation, imprisonment, and severe whipping.
The prisoner, who evidently expected to get off
with a slight correction, was shocked at hearing the
decision of his Lordship, and was committed for trial.
Thomas Fletcher, a carman in the service of Messrs.
Chaplin and 'Horne, of Hamburgh-wharf, Thtimes-
street, carriers, was charged with embezzlement.
Thomas Gill, a clerk in the house, produced a book,
from the entries in which it appeared that the pri-
soner had received several sums of money from par-
ties for his employers, and never accounted for them.
The prisoner was committed for trial.
BOW-STREET.
Monday, Mr. W. Newton, sen.,• of the firm o.
Newton and Son, civil engineers, &c., charged an
itinerant musician, named .Joseph Rolani, with an-
noying him by playing near his residence.
The complainant stated "that, being a person of
studious habits, and engaged in, a profession of great
importance, involving mental calculations of the most.
intricate nature,.it was necessary that 'he should not
be disturbed by the organ-grinders and other music
players who infested• the streets • of London. His
servants had been repeatedly directed to drive them
away from the door, and the prisoner had on several
occasions refused to 'go. Last week, he (the com-
plainant) had remonstrated with him personally, but
to no purpose, as' he had taken up his position again
that morning, and continued to grind his instrument
in spite of him. In. .a fit of exasperation, he went
out and kicked. at the fellow's "music machine;' and
he believed he bad broken it, which probably he was
not justified in doing. For the damage done, how-
ever, he should not object to compensate the man, as
he wished to do him no injury, but merely sought
the interference of the magistrates to protect him
from those perpetual annoyances in future. He
believed there was a gentleman present, residing in
the same neighbourhood, who had encouraged these
men, and who had attended with the view of getting
the question of privilege settled one way or the other.
Mr. J. Towgood, barrister (the neighbour alluded
to), stepped into the witness-box, and informed the
magistrate that there was no foundation for the state-
ment of the complainant, that he had encouraged
these men to annoy the gentleman (whom he had.
never known till that morning) by inducing them to
play in the street. On the contrary, during the last
month orso the locality had been very rarely fr-e- I
v Mondayy ed , o n l only
rqeurnenatiendedbythtlefreem and the tfihveep
lie
morning. Re usually had ld. from one of his ser-
vants,
rrif ionnuetre s he
ee vbe er
and was standing on the steps of his (Mr. I
Towgood's) door when assailed by the complainant.
Witness had attended the . Court because, finding that
a neighbour had ordered tile man from .hik,door and

assaulted him, he was anxious to know how far such
an interference was justifiable. • _ _

The prisoner—He did not say words to me, but he
bruk me instrument. He kick me and he kick the
plow. He sent me away last week, and I did not go
to his house. lie came and rap at the gentleman's
door,and he kick me.
The instrument was here, produced, and proved to
be the ordinary self-acting piano carried by. the Italian
and other street musicians.
11r. HALL said, the words of the Act could not be
strained to meet the present, case, as they only pro-
hibited these men from playing in the street, "on
'account of illness or some other reasonable cause."
If the annoyance felt by unmusical or studious pt.-
sons was to be held as a "reasonable" cause within
the meaning of the Act, he feared that all these poor
people would be ruined, and every prison would soon
be full of them.
['he complainant—l am often occupied in drawing
up specifications and patterns which, when enrolled,
stand as acts of rarliament to he legislated upon. I
could refer you, Sir, to all the law lords, who know
'me well, who could speak to the importance or my
engagements, and to the necessity of my being pro-
tected from nuisances of this kind. If yod will only
give it as your dictum that the Act does not authorise
the playing of music to the annoyance of other per-
-eons I shall be satisfied. I do not wish to punish the

. .
Mr. HAr.r.;—But I cannot go so far as that. lam
often annoyed myself, when .engaged in study, by
these visits opposite my own residence, but I
never thought of giving the men into custody, nor
do I believe the Act would justify me in doing so, un-
less I was persuaded that the annoyance, by being
unreasonably prolonged, was intentional.
Mr. Newton said he thought a different construc-
tion would be. put upon the word in a court of law.
He had no feeling of antipathy towards the poor,
and he begged the- Court to accept a trifle for the
poor-box' 'as a proof to the•contrary.: (A. sovereign
was handed over to the chief clerk.)•
The Prisoner—Me instrument is bruk. The gen-
tleman bruk it. fie kick it. • • •

Mr. HALL—WeII, the gentleman said he would
compensate you for the damage done to your insint-
,
meet. • -

, • The prisoner ~thanked the magistrate, and then
.followed the complainant out of court, no doubt with
the view of reminding him of his promise, but we
did not hear with what success.
. .
QUERN-SQUARE.
Monday Elizabeth Wilson, a middle-aged woman,
• with 'a sun-burnt countenance, and large staring dark
eyes, was charged with having fraudulently obtained
125.. (Id. by pretending to tell fortunes.
Elizabeth Jerdon, a respectable-looking young
woman, servant at the Old Swan, Paradise-roe 4
Chelsea, stated that on Friday' morning the 'prisoner
came to.the house, and having called for half a pint of
beer, asked the bar-maid if she would have her fortune
told. The girl at first declined, when prisoner, after
waiting for
question btarly an hour, put a 'similar to
witness, who said she did'nt .mind if it did not come
to more than 6d. Prisoner observed that she did not
do it for any. one under is. or 10s., and after informing
i nem, that she lived in Mark-lane, Gravesend, added
in i low tone, that she did a great deal of business
about Chelsea, and that she had a young lady and
several servants in Cheyne-walk to see. She then
Said she would write for witness and the bar-paid,
and it would be casting their. nativity, and she then
went away. ' About four in the afterfiria she re-
turned, and bringing two 'piper parceli demanded
12s. 63. She said that one "was for witness, and the
other for the bar-maid, hut they were not to look at
them for one hour after she, was gone. •They paid her
the money clemanded and .she went away. •
Mr. Bonin--What did the *eels contain ? Wit-
ness (after 'some hesitation)Nothing but blank
paper. She told 'me that the odd threepence • was fot
writing paper, as it had taken six sheets to write mf
destiny, it was so very long. '•
Mr. BOND, as witness was.about leaving the box,'
said, " Have you ever been to school ?" Witness re-
plied, " Yes, Sir ?"
The bar-maid confirmed the other's account.
Mr. BOND observed that it did seem, in these days
of intelligence and and education, extraordinary that
any' person should be weak enough to be defrauded
in this manner. lie should commit the prisoner for one
month to hard labour.--Committed accordingly.
CLERKEIV WELL.
Caroline Sullivan, of No. 1, George's-yard, St.
Luke's, was fined 251., or three months' imprisonment,
for hawking spirits without a license.
_Elizabeth Philips, a comely looking person, aged
eighteen, who described herself as silkwinder, was
charged with stealing a watch, . the property of a re-
spectable tradesman living in Clerkenwely named
Fenwick. •
Mr. Fenwick deposed that on Friday night last, he
with his wife went to Sadler's Wells Theatre, and
whilst standing at the door waiting for admission the
prisoner came up, and two or three times pushed
against him.
Prisoner. (crying, and with great earnestness)—
tou are mistaken. Sir. I declare solemnly • you are
mistaken. I was at home the whole of that night.
The pro=ecutor,' however, was: positive as to her
identity, and went on to say, that when he went into
the theatre he missed his watch. Last night he saw
her at the door of the theatre again, and she, seemed
anxious to avoid him ;he gave h-r into custody.
Mrs. Fenwick corroborated her husband's testimony.
Prisoner—Why, my God! several peodle will come
forward to prove I was at home all Friday evening.
At the time this gentleman and lady speak of I was
fetching a pint of beer for my father from the Swan
public-house, in Koate-street. Send for Mr. Fryer,
the-landlord. Oh, do pray, Sir, do, for Fall innocent.
Police-sergeant Allen said that the girl who was
'apprehended at the door of the theatre on Saturday
evening was searched at the station-house, but nothing
was found on her. She begged of Mr. Fenwiek not
to press the charge.
Prisoner—l did ask him, for I never wis locked up
before, and I was frightened. There is a witness at
the door.

A decent-looking man, named Smith, was called
in, whom the girl said would.swear she was at home
the whole of Friday evening. He was not examined.
The girl was remanded until past tw o'clock for
the 'attendance of Reynolds, - the' constable of the
tleatre, but when that officer came he said he never
saw her before. The police .knew nothing to her
prejudice, and said she had lived with her father in
the same place fot the last seven years. "
Mr. GREENWOOD discharged the- girl, telling her to
be cautious how she visited theatres in future.
William Benny was charged with attempting to stab
his wife. The prisoner, on the previous evening, asked
his wife to give him some money ; she declared she had
given him all she had. She left the house, and went
into a grocer's shop, and was standing by, the counter
when., she felt a thrust at her side,. and, on turning
. round, saw the blade of a knife projecting from her.
husband's hand.
The prisoner was held to bail for tha sessions.
SOUTHIVARX.
•
ifiza4th Hawes was charged with robbing 'a
very ,
sanctified-looking man, named Edward Davis, of a purse,
containing a quantity of silver. •
The complainant said he was 'walking home Steadily
the preceding night; when he was accosted by the pri-
soner, who persuaded 'him to take her intoa a wine vaults
and treat her to some liquor. It wits entirely out of
good nature that he consented to her entreaties. "And,"
added he, 'with a solemn shake of the head, " she after-
wards had the ingratitude to thrust her hand into my
pocket, and rob me of my purse and money."
Mr. TaalLL—Was the money found on her?
The policeman said that he went to the spot on hear-
ing the noise, hut he found neither money nor purse on
the prisoner. The complainant was fuddled.--(Laughter.)
Mr. Twariit, "(to complainant)—You 'forgot to state
you were 'intoxicated.
Complainant—Oh, yes, I fotgot• that ; bat I felt the
band la my pocket.
Mr. Timm, said that he should not commit such a
ase-for. trial, for if he did he knew he would be entail-
ing an-expense on the county, and that she would get
acquitted.
'rhe complainant, who appeared very much disap-
pointed at the ~result,' Left the court very much
chap-fallen. '

•
S4A.ICITY or Cost..,4=Seriouf apprehensions are
beginning to Le entertained by 'the poor, in consequence
of the short supply of this necessary article, and the
high price at which it is obtainable. Coals are now
selling at ls. led. a cwt. We understand that so much
wood was never before burned at Whitstable as during
the Oast few weeks, and it is said that the meechants of
itanisgate have not a ton ,each in store. This serious
deficiency is,attributable to the Adverse winds, many of
the colliers, which have been for months ou their, voyage,
being unable to
,get up from the north. Potatoes and
other articles have also risen in prioe, much to the
unhappiness of the poor, whose means prevent their
obtaining in abundant supply when they are at a low
priee.—Canterbury Journal.
113f,ANC1101.11 ACCIDENT.--A, fatal accident took
place on Tuesday morning last, on the property of Kin-
corth, parish of Nigg, belonging 'to John Yeats, Esq.,
advocate. William St• Donald, the bindle of the church
of Nigg, who had contracted for blasting the stones ne-
cessary to the trenching and improving of that property,
was engaged in his work, when, from condensed air
ix the part bored, or a spark of fire from concussion
igniting the powder, an explosion took place, whereby
the crowbar with which he was priming the blast
was driven into his cheek, and pa'ssed through the
back part of his head, scattering the brains, and killing
him on the spot. A deep gloom was Cast ever the whole
parish the moment the accident was made known, for
he was universally respected for the excellency of his
character, and many was the tear of sympathy shed for
his orphan family. Never has a death taken place in
the parish, where all, without exception, so mourned the
loss of one in the prime of life, and so endeared by the
kindness of his manners--the strict morality of his, con-
duct—and.the singular integrity which marked his ever
dealing. What heightens the melancholy of the trig-
,e 4
occurrence is the fact that he was a widower, are% has
left" eight orphan children to bewail his :sudden 5,4 1112:
timely chi ---Aerdon Herald. •