The Sun.
London, England, 1844-09-05 00:00:00

THE CASE OF THE EDWARD AND JANE.

In this case the claim arose from certain services ren-
dered by four fishermen to the above vessel off the
port of Itomeney during a severe gale, in which the
vessel had sprung a leak. The sailors went on board,
and by their exertions in assisting the crew, who were
very much exhausted, alleged that they contributed
mainly in saving the vessel. For this service they
claimed a sum of 401. as salvage money. By the owners
it was answered that the services of the applicants were
nut wanted, or if they were, not to that degree at all
which they alleged, as the ship was well manned, and
after the departure of the claimants was enabled to gain
port, where she underwent some very slight repairs, and
proceeded on her voyage. The case had been already
argued before the Court during the term from which it
stood over to the next Surrogates' Court. This day it
was further adjourned by the consent of the proctors on
both sides, as the owners were not as yet fully prepared
with their answer.

The Court then adjourned, the next day for sitting
being fixed for the 9th of next month.

CONS'S TORY COURT, Sept, 4.

This Court met to-day for the first time since the ter-
mination of the general sitting, to dispose of short ap•
plications.
No case of genes-al interest came before the Court,
which was ordered to stand ajourned to October 9.

SUMMER ASSIZES.
NORTHERN ClRCUlT.—Liverpool, Sept. 2.
(Before Mr. Justice CRESSWELL.)
VON DADELZER V. UNSWORTH AND LUND.
This was an action in which the plaintiff claimed com-
pensation in damages from the defendants, for the non-
completion of a contract by the latter to buy from the
plaintiff 200 tuns of palm oil. The defendants had
pleaded, among other pleas, that the plaintiff was not
ready to deliver the oil in question at the stipulated time.
Mr. Baines and Mr. Denman for the plaintiff ; and
Mr. Crompton for the defendant.
It appeared from the case for the plaintiff that he is a
merchant in this town, and the defendants carrying on
the business of soap boilers. They were also dealers in
palm oil, and in the latter part of the year 1843 held a
considerable stock of that article. They were desirous
at that time of making some reduction of the stock,
without the necessity of throwing it heavily upon the
market, and through their broker, Mr. Rayner, they ar•
ranged with the plaintiff, who then wanted a quantity
of oil for exportation, that they would supply him with
with 200 tuns at 271. per tun, they agreeing to take
from him in the course of the following year the same
quantity at the same price. Accordingly they delivered
to the plaintiff 200 tuns, and bought and sold
notes were exchanged between the parties, with a
view to the completion of the other half of the
bargain, viz., the receipt by the defendants of a similar
quantity at a future time. By the terms of the con-
tract the defendants engaged to take from the plain-
tiff 200 tuns palm oil, at 271. per tun, in bond in
the warehouses, to be delivered between tke Ist of
February and the 30th of June, 1844. The price of the
article rose atj the end of the year 1843, and the de-
fendants had every prospect of having made a good
bargain, but in the beginning of 1844 the markets began
to fall. On the 18th of June the plaintiff, through his
broker, Mr. Rayner, wrote to the defendants, stating
that he was ready to deliver the 200 tuns of oil, and
asking their directions as to the mode of delivery. In
reply to that they had a letter from Mr. Unsworth,
asking for the particulars. The plaintiff replied that the
oil proposed to be delivered consisted of 100 tuns ex
Peruvian, and 100 tuns ex Majestic, or Mary Harrup.
To that letter he had no reply, and on the 22d he wrote
again, stating that the 200 tuns were now landing.
There was still no reply from the defendants, and on
the 25th Mr. Rayner called at their office, and saw Mr.
Lund. Mr. Rayner wrote out a delivery order to be
signed by the defendants, but Mr. Lund told him he
knew nothing about the transaction, and that they had
nothing further to do with it, as they had made over
their bargain to Messrs. Rosco and Co., brokers on
behalf of some parties in London. Mr. Rayner said
he knew nothing of Messrs. Rosco and Co. in the
transaction, and would loOk only to the defendants. The
oil in the meanwhile, to save expense, was warehoused,
and on the 29th of June an invoice was sent to the de-
fendants. They, however, took no steps until the Sa-
turday, the last day for the delivery of the oil, and then
in the afternoon of that day • their clerk calleti at the
office of the plaintiff and presented delivery orders to be
signed by him. Mr. Von Dadelzer, as is usual it ap-
peared with merchants at Liverpool, had left his office at
an earlier hour on the Saturday than on other days, and
gone to his residence at Allerton, and the clerk who
received the orders did not think himself authorised to
sign them, but desired them to be left until he had con-
sulted with the clerk in Mr. Von Dadelzer's establish-
ment, to whom the Custom-house business belonged.
On the return of his clerk, he consulted with the head
clerk, Mr. Kreitmair, who saw Mr. Rayner on the busi-
ness. Mr. Rayner said it was then too late to do any-
thing, as the goods were in bond, and the duties could
not be paid at the Custom-house that evening, so that
it would be the same thing if the delivery orders were
signed on the Monday. On that evening, however, the
deendant left a letter in the counting-house of the plain-
tiff, repudiating the contract, on the ground that the
plaintiff was not ready to deliver the oil pursuant to his
agreement. The defendants persisting in this course,
the oil was sold on account of whom it might concern,
and the plaintiff now brought this action for the loss,
amounting to 2971.85. 3d.
A verdict was finally returned for the plaintiff for the
full amount.

POLICE INTELLIGENCE.
(YESTERDAY.)
BOW-STREET.
Yesterday an inquiry took place before Mr. Jar-
dine into the conduct of two individuals, charged
with a criminal offence. One was named Frederick
Mansell; residing in Lamb's Conduit-street, aged 36,
and-the other a youth, named John Pollock, living in
Stanhope-street, Clare-market.
On Tuesday night, about twelve o'clock, the
younger prisoner went into the,. Macready Coffee-
house, Little Russel T--street, and asked for a bed for
himself and cousin,- upon getting which he went out-
side and let in the elder prisoner. They retired to
bed, and were soon after followed up stairs by Mr.
Dent, a gentleman who was formerly a licensed vic-
tualler in London, but now resides at Riegate, in
Surrey. He retired to his bed-room, but while put-
ting his boots outside the door, he heard such con-
versation and expressions pass between the prisoners,
who slept in the room opposite to him, as induced him
to go down stairs and raise an alarm. He then
proceeded with the porter to the chamber of the pri-
soners, and ordered them to get up. The elder pri-
soner denied most strongly that anything had taken
place, but Mr. Dent told them he was convinced
otherwise, from their language. The younger pri-
soner declared he would not leave the house, as he
had paid for his bed and had a right to it. lie, how-
ever, dressed himself, and policeman F 37 took him
into custody. He afterwards attempted to escape, by up a court into Bow-street, but the Constable
ran round and intercepted him.
Both the prisoners denied that anything improper
had taken place, and said they were very drunk.
Mr. JARDINE remanded them till Saturday week,
and offered to take bail in two sureties of 501. each
for each prisoner.
The bail was not procured, and they' were removad
to Tothill-fields prison.
UNION-HALL.

On Tuesday William Cooper and George Jackson, alias
Conttson, were brought before Mr. Traill, charged with
stealing 121. 10s. in money, together with six silver
spoons, two gold wedding-rings, a gold brooch, a coral
brooch and locket, and several other articles, the pro-
• party of Edward Brundall, of No. 24, Agnes-street, Wa-
terloo-road.
ocoomn on confined, Mrs. Carlotta Brundall, a delicate-looking woman,
stated that her husband was a carpenter in the employ
' leaveee been
recentlyer bed - ; nfi
of Mr. Patrick, a builder of the Belvedere-road. She
had b
Tuesdaya
nd"ladsto.nl
3 o'clock on that day she was informed by Sarah Cooper,
the nurse who attendedonly been
Between
balne
and
to
upon her, that two gentlemen
had called and requested to have an interview with her,
saying that they wanted to see her on very urgent busi-
ness. When the nurse entered the room she was closely
followed by a tall well-dressed man, who, addressing
himself to her (the complainant), said that he was
come there on very unpleasant business, to apprise her
of something that had befallen her husband. She
became very much alarmed, and anxiously inquired
if he had met with an accident, but the rely was,
" No, not an accident, but. something worse." " For
God's sake," said she, " has he been killed ?" " No,"
was the answer, " but he has been taken into custody
this morning for robbing his employer to a large amount ;
and I have a search-warrant authorising me to examine
your house for the stolen property," at the same time
exhibiting a paper for her inspection, which she was
unable to peruse owing to the fright into which she was
thrown in tier weakly state of health. He (the tall man)
sahl, that he must commence the examination, and forth-
with desired her to accompany him into the different
ro.,ms in the house ; and as she was showing him the
way op stairs, she e saw another man standing near
.. then
the street door. and that man she was confident was the

prisoner Cooper. The tall man and she went up stairs,
and he went into the lodgers' rooms, and he wanted her
to open the boxes and draw rs, but she informed him
hat she had not the k, ys, and than he desired her to
take him to her bedroom, . and exhibit In ~r property, be
remarking at the time 'that the ".gentleman she saw in
the passage was one of the firm in whose employment