The Sun.
London, England, 1844-11-18 00:00:00

COURT OF COMMON FLEAS, Nov. 16.

The Court was occupied the whole morning with ar.
guments in an ejectment case, of a merely technical cha-
racter.

BAIL COURT, Nov. 16.
Sittings in Banco.
IN RE JOHN HOWARD.

A writ of habeas had been obtained in this case to
bring up the body of the defendant, who had been de-
tained in custody for an alleged violation of a contract.
The defendant was brought up this morning, and upon
application being made fur his discharge a rule for that
purpose was ordered.

THE QUEEN v. THE LANCASTER AND PRESTON JUNCTION

RAILWAY COMPANY.

Mr. ATHERTON in this case moved for a rule nisi,
calling on the defendants to show cause why a writ of
certiorari should not issue to bring up the inquest of da-
mages in the case. The present application was made
on behalf of James Cottam, whose property was damni-
fied to the amount of about 100/. It was not disputed
on the part of the Company, but it was alleged on their
part that no notice had been given to the Company of
the damages within six months after their ocourreee,

was required by the Act of Parliament ; and upon this
point the jury found a verdict of no damages.
Rule nisi granted.

THN QUEEN V. THE JUSTICES OF SOMERSETSHIRN.

Mr. CROWDER moved for a certiorari to bring up an
order of sessions made by certain magistrates of the
county of Somersetshire, quashing the table of fees of
the clerk of the peace. They ordered that no officer
should demand any fees or payment from defendants in
cases of misdemeanour. It was clear that under the Act
of Parliament, 57th Geo. 111., cap. 91, that they had
no such power.—Rule nisi granted.

POLICE INTELLIGENCE.
(SATURDAY.)
BOW-S7'REET.

A young man, named John Ogilbie, was brought
up in custody of one of the City police, charged with
having obtained the sum of 51. 10s. and a gold watch,
with guard, &c. attached, value 381., from Mr. Fre-
derick Lewis Mielleville, a foreign merchant, resid-
ing at 23, Hanover. square, by means of threats and
menaces.

Mr. nobler attended as solicitor for the prosecution.
The prosecutor stated that he occupied chambers in
Throgmorton-street. On the 6th of October, about
eight o'clock in the evening, he was waiting in Tot-
tenham-court-road for an omnibus, when the prisoner
came up and addressed him; and on his telling him
that he was waiting for an omnibus to Piccadilly, he
replied that there were none going that way, but added
there were plenty of cabs on the stand. Witness
thanked him, and proceeded towards the cab stand,
followed by the prisoner, who, after making some obser-
vations about the weather, stated that he was also going
to Piccadilly, on which witness offered him a seat in
his cab. Witness then called a cab, and ordered the
driver to proceed to Piccadilly. 'When they got near
there, the prisoner put his hand in front of
witness's coat and attempted to unbutton it. Wit-
ness was very much alarmed, and told him that un-
less he desisted he would stop the vehicle. Prisoner
then toad him that he wanted his money, and that if
he did not instantly give it him he would take him to
the station-house. Witness told him he was a mon-
ster, and refused to comply with his demands, and
threatened to give him in charge, and called out to
the cab-driver to stop, upon which the prisoner put
his head out of the window, and told him to go to
the station-house, but witness insisted that the cab
should be stopped at once, upon which the driver
drew up nearly opposite Cambridge-house, when wit-
ness and the prisoner got out. The prisoner repeated
his threats, which so alarmed witness that he lost all
presence of mind and ran away, followed by the pri-
soner, who called on him to stop, which he did when
he got to Half-Moon-street, when the prisoner came
up to him and demanded 201. of him, and in order to
get rid of him, being much alarmed, witness took
from his purse 51. 10s. in gold, being all the money
he had about him, and gave it to the prisoner, who im-
mediately said, " I must have your watch also." Wit-
ness then gave him his watch, guard-chain, &c., and
prisoner having got them, told witness to go
in an opposite direction from the place where they
had left the cab. Prisoner then ran off the other way,
and was out of sight in a moment, and he saw no
more of him until the 6th instant, when, as he was
walking near the Bank of England, the prisoner came
up and followed him to the Old Jewry, when he said,
" How do you do, Sir ? " Witness told him he knew
nothing of him, and desired him to go about his busi-
ness. The prisoner said, "It's all very well, I know
you," and followed witness to his chambers. Wit-
ness—it being post night, and the clerks all very busy
—was prevented from mentioning the circumstance
to them, and when he left the chambers the prisoner
was gone. He met the prisoner again on Friday,
near the Park, and, by the advice of his brother, gave
him into custody.
The prisoner was identified by the prosecutor's
brother, the porter at his chambers, and his son, as
having been seen by them lurking about there.
In answer to the charge, the prisoner denied having
seen the prosecutor until Tuesday week, when he ad-
dressed him, mistaking him for a person with whom
he had had a difference, and while so addressing him
he ran away. He denied the charge brought against
him.—He was remanded.

Two gentlemen were to-day placed at the bar
before Mr. Jardine, charged with having been found,
one at ten o'clock and the other at twelve the previous
night, committing nuisances in Trafalgar-square.
The policeman having proved the charge, the gen-
tlemen complained that there was no notice to warn
hem off, and that in the dark it was impossible for
strangers to be aware that they were doing wrong.
One of the gentlemen stated that he had only lately
come up from the country, and really was not aware
that he was doing wrong. It was so dark and wet
that he could not distinguish the square as a place
which ought to be kept particularly clean. He did
not deny having committed the act in question. He
complained that sufficient warning was not given him
by the constable, who came up and ordered him in a
brutal manner to desist, and then at once took him off
to the station-house in Gardner's-lane, where he was
locked up for three hours in a cell more noisome and
damp than he could have believed it possible. The
stench was awful, and altogether he thought the
place was such a one as was calculated to breed a
pestilence, and one in which a human being ought
not to be placed. He was even refused the favour of
walking in the court adjoining the cell, although he
stated that he felt very sick ; and indeed, had it not
been for a gentleman who came to bail his fellow-
prisoner, he must have remained in that hole all
night, for his own family were residing at a distance,
and he could not think of disturbing them at that
hour of the night
Mr. JARDINE inquired at what hour the gentleman
had been bailed. The constable replied that both
gentlemen were bailed shortly after three.
Mr. JARDINE then ad lressed the defendants, and
said there was certainly a great deal of justice in what
was stated. No one could feel more than he (Mr.
Jardine) did that it was a great hardship that no suffi-
cient notice was given in some way to warn gentle-
men of the penalty to which they subjected themselves
by committing such acts. The police were not to
blame for the part they took in the affair, for they re-
ceived orders, and were compelled to execute them.
The law subjected persons selling any wall, &c., to a
penalty of 405., and the police were empowered to
take persons so offending into custody. In such a
place as Trafalgar-square there ought to be some
means taken by the Commissioners of Woods and
Forests to warn persons against offending in that lo-
cality, and he thought they were much to blame for
not adopting such means; for in the dark nights of
winter it was impossible for a stranger in London to
distinguish the square, and unless they surrounded
the place with policemen, to inform the public that
they must not commit nuisances there, it could not
be expected that they could be prevented from doing
so. The law was clear enough that they had ren-
dered themselves liable to a penalty ; but still, under
the circumstances, and considering the hardships
which they must have endured, he should not feel him-
self justified in inflicting any penalty in either case;
the gentlemen must, therefore, be discharged.