The Sun.
London, England, 1845-10-04 00:00:00

LAW INTELLIGENCE.
VICE-CHANCELLOR'S COURT, Oct. 3.
(Before the VIcE-CitaxcEmoa. of ENGLAND, at his Private
room, Lincoln's Inn.)
CROLL V. EDGE AND WRIGHT.
Mr. HAIG Moved this day, on the part of the defendants,
Edge and Wright, to dissolve the exparte injunction ob•-
tained by the plaintiff at Whitburn on the 12th day of
September last, to restrain the defendants from making and
selling dry gas meters similar to those made by the plaintiff
wider his patent of 7th of March, 1844. On the part of the
defendants various affidavits were read, with a view to show
that the principle of the plaintiff's patent was not new. It
was admitted, that if the plaintiff's principle was new, that
the defendants' metre was an infringement.
Mr. Wakefield and Mr. Welford appeared for the plaintiff.
The VICE-CHANCELLOR of ENGLAND-4 think the whole
matter is so novel that the patent must be established at law.
The injunction therefore will be dissolved ; the plaintiff to
undertake to bring an action to establish his patent; either
'party to have liberty to apply to this Court. The rest of the
motion to staed over to await the result of the trial at law.

POLICE INTELLIGENCE.
QUEEN-SQUARE.
William Chalfont, the driver of the omnibus, No. 27,
as charged with the following ruffianly conduct:—
It appeared from the evidence that Mr. Pearse a sur-
geon, residing
in Regent-street, Vauxhall bridge road,
was driving hie phaeton, in which two of his brothers
were seated, over Westminster-bridge, at about six in
the evening of the 2241 ult. He was close on his near
side, within an inch of the kerb, walking his horse, when
defendant, who was behind him, drove in on his off side,
and in attempting to get before him, locked his fore-
wheel within those of the phaeton. Mr. Pearse seeing
the danger in which he was placed, called out to de
fendant to stop, but he smiled, drove on in a reckless
manner, dragged the phaeton, a few feet with him, and
tore the wheel off, and broke the axle. The horse was
thrown on the steps leading to the foot pavement of the
bridge, and one of the gentlemen in the vehicle was
dashed out and considerably injured. The defendant
never attempted to stop, but drove on to Bridge-street,
where he was overtaken by Mr. Pearse, who obtained
his number. The defendant subsequently spoke to com-
plainant on one or two occasions, and alleging it was an
accident, hoped he would " draw it mild." The damage
to the vehicle was 34

For the defence it was attempted to be shown that it
was an accident ; and a well-dressed person, who gave
his evidence in the most unsatisfactory manner, and the
omnibus conductor, were called in to support the asser-
tion. It was alleged that defendant had hitherto borne
a very good character, and his license was produced to
show that he had not been before complained of.
Mr. BOND said the case was clearly proved against the
defendant, and in order to teach omnibus men that they
were not to endanger the lives of the public by such con-
duct, he should inflict the penalty of 3/. upon the driver
for the offence he had committed, or commit him for one
month ; and, further, he should order the proprietor to
pay 31., the amount of damage, with costs.
THAMES.

Samuel Hart, a man about 50 years of age, occa-
sionally employed as a labourer in the indigo warehouse
of the East and West India Dock Company, in Fen-
church-street, was finally examined on a charge of
forcibly violating the person of his wife's sister, Mary
Ann D aid, a young woman 18 years of age, who has
been afflicted with lameness of the hip joint from her
infancy.
The prisoner adduced evidence to show that the pro•
secutrix had been a person of dissolute life.
Mr. BALLANTINE said, even if she were a prostitute,
that wits no reason why she should be treated in the
mariner to which she had sworn. _

r. Vann (the prisoner's legal adviser) said he could
produce evidence which would perhaps induce his wor-
sh*p to dismiss the case.
Mr. BALLANTINE said the charge of rape had been
distinctly sworn to, and unless an alibi could be clearly
proved it trust go before a jury. He would commit the
pi i3oner t- rake his trial at the next sessions of the Cen-
tral Cric,ii,al Court, but at the same time would take
such tail as had been previously put in, namely, the pri-
soncr in Sel. and two sureties in 401. each.

Bail was put in accordingly.
SOUTHWARK.

Bri ly t Smith, described as a married woman, and
rtb,att 30 years of age, was placed at the bar before Mr.
Cottinghlm, charged with ssendinga quantity of poison
to Henry Smith, %ith the view of destroying him.
Thomas ilyatt, a boy of about nine years of age, stated
that on Friday afternoon last, about two o'clock, as he
avas at play in the Cornwall-road, Lambeth, the pri-
soner, whom he had not seen before, came up to
him, and asked him to take a parcel for her to
Mr. Smith, at No. 3, Peer's-cooperage, near Water-
loo Church. She then gave witness the parcel pro-
duced, directing him to leave it at Mr. Smith's, and to
say that the person who gave him the parcel wished Mrs.
Smith to make tea, and that she would call and have
some with her, adding, that when he (witness) returned,
she (the prisoner) would give him a penny for his trou-
ble. Witness accordingly took the parcel, and gave it
to an old lady who came to the door, to whom he deli-
vered the message, hut when he returned to the place
where he had left the woman, to get the penny, he
fount she was gone away. The witness added, that he
had no doubt the prisoner was the person who sent him
with the parcel.
Mary Smith stated, that she was the mother of Henry
Smith, and that on Friday afternoon the boy who had
just given his evidence brought a parcel, and gave it into
her bands, saying, it was given to him by a woman to
leave for Mr. Smith, with the message already men-
tioned. The witness on untying the pared found it con-
tair.ed a quantity of moist sugar, and some lump inter-
tised. She tied up the parcel again until her son re-
tuned home, and having informed him of what had
taken pace in his absence, he expressed his surprise,
and as he suspected something wrong he took it to a
chemist's sh,,p, and brought back word that there was a
(quantity or poison mixed with the sugar, and that if
they had taken any portion it must have caused their
death

Henry Smith, a man about 30 years of age, was then
exiimined. He stated that he was a charcoal-dealer in
the Cornwall-road, and that when the message was de-
1, vered to him by his mother, he took the parcel to Mr.
_Handy, the surgeon of the Waterloo-road. That gen.
lleman proceeded to an examination of the contents, and
pronounced that a large quantity of oxalic acid was
'mixed up with the sugar. The witness added, that on
the discovery that poison had been sent to him he made
ir.quiries, and found the boy Hyatt, and from his
description of the woman who gave him the parcel, the
prisoner was at length traced, and given into custody.
Mr. COTTINGIIAM asked the witness if he had previ-
.ously been acquaintud with the prisoner, and what Ler
motive could have been in Mending him poison ? Whether
Ciiey had quarrelled, or she had made any threats against
ltitm ?
Smith, in reply, said that some time ago she threatened
.4 poison him.
Cormonam.—What reason did you give her for
using such threats ?
Smith said, that when the prisoner found he was not
Idiiposed to continue her acquaintance she became exas-
perated, and he supposed that she sent the poison on that
accoun t.
Mr. CorrnicriAm—ls there any person in attendance
who heard the prisoner use the threat of poisoning you?
Smith r. plied that his sister was present at the time.
_Mary M'Nally was then called, and she stated that shp
had known the prisoner eight months ; and that about
four months ago she came to her house, and in speaking
.of her brother, the prisoner said she had a claim upon
Lim, anti that if she thought he intended to marry an-
other woman, she would poison him ; there was another
woman present who heard the words.
In reply to Mr. Cottingham, the witness said the pri-
soner knew she was Smith's sister ; that she (witness)
did not mention the threat used by the prisoner to her
brother, as she did not imagine that she intended to carry
it into execution.
Smith said there were several other witnesses who
were present, and heard the accused threaten to poison

him.
Mr. Hardman cross-examined the complainant, on
behalf of the prisoner, in the course of which be said
that he had been a married man, anti that his wife
had died some time ago ; that since her decease
he had nut been married to the prisoner at St. John's
church, Paddington ; that he never told her son, a
boy, that he was going to be married to his mother,
and that he would act as a kind father to him ; that
upon one occasion he did tear up her marriage certifi-
cate. That he gave her into custody some time ago for
:annoying him in the streets, but that it was not for de-
serting her illegitimate child she had by him ; that be
lawyer did promise her marriage on any occasion.
Mr. COTTINGHAM here observed that the line of cross-
examination only tended to show the prisoner's motive
for having committed the alleged offence.
A policeman was then called, who stated that he took
'the prisoner into custody that morning in the Court of
Requests in Kingsgate-street ; the complainant was with
him at the time ; and when he mentioned the nature of
the charge to the prisoner she did not deny it, but merely
,said, "I am prepared to go with you." The complain-
ant, on the way to the station-house, alluded to the man-
ner
in which the discovery of the poison was made
through a little boy who gave the parcel to his (Smith's)
mother. The moment the prisoner heard the boy men-
tioned,
she became excited, asked what kind of a boy he
was, and made other inquiries indicative of her anxiety
on the subject.
The prisoner said it was a false accusation ; that the
complainant, although he dtnied it, was her husband,
and that they were married at St. John's, Paddington,
and that he afterwards destroyed the cer;iticate of their
marriage ; that he had since taken an aversion to her,
and had trumped up the story about her attempt to
poison him, as he could not be revenged on her in any
.other way. That she could prove that she was not near
the Cornwall-road on the day in question, and that the
boy was mistaken in her identity.
Mr. COTTINGHAM said, that if she could produce evi-
dence of that nature, it would absolve her from so serious
a charge.
A man named Miles was then called, who stated that
he recollected the prisoner having been at his house
ibetween twelve and one o'clock on the day in question,
Wad that he lived in Tottenham-court-road,
Mr. Ccerrrscuast said there was plenty of time for
the prisoner to have gone over to the Cornwall road
:and be there by two o'clock, after leaving the witness's
house.
The boy Hyatt, on being again* questioned, said be
-was certain he was not mistaken in the prisoner's identity.
The prisoner said she was taken by surprise, and that.
if time were given her she would be enabled to prove
-satisfactorily she bad not been on the south side of the
;river at all on the day in question.
'The prisoner's solicitor said that on a future occasion
he.shotald be in a condition to prove that she had been
treated:in the most infamous manner by the complain-
ant, Who was absolutely married to her, although he now
denied the fact ; and that he (the solicitor), in come-
(pence Olf the conslziainant's conduct to his client, was