The Sun.
London, England, 1845-04-17 00:00:00

BRANCHES.

Five petitions against—from 'Aiessrs. M. Carr, Robinson Latten,
Sir Isaac L. Goldsmid, and two from the owners and eccupiers o
property.

PADDOCK WOOD BRANCH.
Three petitions against—from Messrs. J. Ingerstein, Sir
Guldsmid, and the owners and occupiers of the land.
LONDON AND CROYDON BRANCH.
Messrs. Dyson and Hall represented the petitioners.
The list having been gone through, the Committee adjourned,

REPRESENTATION OF WEST KENT.—The Maid
stone Journal of yesterday contains a statement that both Lord
Holmesdale and Mr. Frewen have retired from the field, and that
Colonel Austen, of Rippington, Sevenoaks, president of the West
heist Agricultural Protection Society, will come forward to seek
the suffrages of the electors of this important district. The reason
of Lord Holmesdale's retirement is the opposition which he raised
to his own election by declaring in favour of the Government grant
to Maynooth. Mr. Frewen, it is alleged, has also consented to retire
in order to make way for a gentleman who will possess the entire
confidence of he electors.
SALMON tiISIIING.—The fishing this week has been
rather more productive than for several weeks past. The prices
continue at Js. bd. per lb. for salmon, and trout Is.—Berwiele
Warier.

LAW INTELLIGENCE.
POUR'. OF (,)17E...0-..YS REACH. .Ip,il 16.
The Court was occupied during the morning in hearing motions,
ione of which possessed any general interest.

BAIL Co '1.% UT, Ap, i 1 16
(Sittings at Nisi Prius before Mr. Justice COLERIDGE.)
GARTER V. DAVISON.

This was the first case called on, and was an action to compel
compensation for labour done, but as it is likely to last over the
evening we refrain from noticing it in its present stage.
There were no motions of the slightest interest this morning,

COURT OF EXCHEQUER, April 16

Sittings in Banco before the LORD Crittr BARON, Barons PARKE,

ALDERSON, and ROLFE.)

Their Lordships were occupied the whole morning with motions
of no general interest.

COURT OF COMMON PLEAS, April 16.

:Sittings in Banco before the LORD CHIEF JUSTICE, Mr. Jurtice
COLTMAN, Mr. Justice CRESWELL, mid Mr. Justice ERLE.)
COOPER V. WILLAAIOT.

This was an action of trover, the details of which were not pe.
culiar, to recover the value of goods alleged not to be the property
of the person for whose debt they had been distrained and sold..
l'he verdict was for the plaintiff.
Mr. Sergeant SkIEA, after a long argument, obtained a rule nisi
for a new trial.

ARCHES' COURI, April 15.

CLOWES AGAINST CLOWES.

This was originally a suit of nullity of marriage by reason of
fraud in obtaining the license, promoted by Mr. Edward Clowes
against Harriet Jones, falsely calling herself Clowes, who had been
married in the name of Emily Harriet Geraldine Terry, and repre.
sented herself as the daughter of Admiral Terry. Mr. Clowes, a
young man, had become acquainted with this person in November,
1840, when she was only 16 years of age, at a certain house in
George.street, Adelphi, where she went by the name of Harwood,
and she agreed to reside with him as his mistress- On the llth of
December, 1841, they were married, she having previously im.
posed upon Mr. Clowes, in June, 1841, a child, of which she al.
leged she had been prematurely delivered, during his temporary
absence, as their own. After their marriage Mr. Clowes disclosed
the fact to his father, and, in order to make him believe that the
child was born in wedlock, by postdating, concurred in altering the
certificate of its birth. The deceptions which had been practised
by Mrs. Clowes having been discovered by the father of Mr.
Clowes a suit was commenced to avoid the marriage, on the ground
of fraud and deception ; but the Court held that there was no error
de persona, and that the misrepresentation of name and citcum-
Aances was no ground for annulling the marriage. The wife en-
grafted upon the suit a prayer for restitution of conjugal rights, 1
which was met on the part of the husband by a plea of adultery,
and this plea was in its turn met on the part of the wife by a charge
of malicious desertion by the husband (who had gone to reside
abroad) and of persecution on his part and that of his family and
agents, which have left her in penury and destitution and driven
her, or rather entr +pried her into the commission of adultery with
a person who went by the names of Cooper Pardy, and Godfrey,
and who kept, or was connected with, a place for the sale of dogs,
ca led the Canine Repository, in Bury-street, Blooinsbury-square.
the facts of this part of the case were detailed in our report of the
argument. The Learned Judge was of opinion, the fact of adultery
oeing thus admitted, that the articles in the wite'sal'egation which
pleaded circumstances whence malicious desertion and persecution
were sought to be inferred were left without proof, or were dis.
proved. These Courts had never decided that malicious desertion
per se was a bar to a husband's suit for a divorce by reason of the
adultery of his wife ; the dicta went the other way ; but in this
case the point was not raised, as there had been no malicious
desertion, the husband having been rather desirous (as appeared
from his concurrence in the fraud practise I upon his father
and by his letters) of sustaining the connexion with his wife.
It was certainly, the Learned Judge observed, a strange and inex.
plicable thing that Mr. Edward Clowes, the husband, should have
been imposed upon by the improbable representations of Mrs,
Clowes respecting the child—which it was clearly proved had been
procured by her from Wales, she having never been delivered of a
child—and that he should net have made inquiries into the matter.
But this had no effect as a bar to his remedy. With regard to
Mr. Clowes, senior, and his family, no imputation whatever rested
upon them ; they had had recourse to miss other measures than were
perfectly justifiable, though the Court might regret that the allow-
ance made by Mr. Clowes, senior, to the wife, of 30s. a week, had
been withdrawn, since its continuance might have prevented this
suit. But it had been withdrawn for very sufficient reasons,
namely, the suspicious conduct cf Mrs. Closes, in receiving the
visits of an elderly gentleman, who made her presents, and was
once admitted into her bedroom. There was no evidence to show
that Mrs. Clowes had ever suffered from penury or distress ; on the
contrary, she seemed to have had the command of money from
some source. Upon the whole, he had no doubt in pronouncing
that the wife had entirely failed in the proof of her allegation, and
that Mr. Clowes was entitled to the sentence of divorce he prayed

_ _
CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the COMMON-SERGEANT.)

EXTRAORDINARY CASE.—John Potvrie, a baker carrying on
business in Finsbury.pavement, and Caroline Powrie, his wife,
surrendered on bail to answer a charge of conspiring to get rid of
an infant.

Mr. Prendergast and Mr. Parry appeared for the prosecution, and
Mr. Bodkin and Mr. Doane for the defendants.

It appeared that the male defendant met a young woman whom
he knew, named Gillespie, but who neither knew him by name or
occupation, in Smithfield, on the 16th of January, and a.ked her
if she would take charge of an infant, then unborn, and get it on
the parish, if he gave her 51. She refused, but said she would speak
to her landlady, Mrs. Milbourne, living in Field.place, Fetter-lane
about it. She afterwards tact him at his request, and took him to
this person. Mrs. Milbourne met him by appointment in Fetter-
lane on the night of the 11th of February. The female defendant
was there with an infant in her arms, which she gave to her, to-
gether with a 5/. note. Mrs. Milbourne had previously communi-
cated with the police, having had her suspicions strongly excited
and City police-constable Finn, having been placed on the spot,
came up and took the female defendant into custody. The male
defendant took to his heels on seeing the constable. He was
afterwards taken into custody, and both were held to bail at Guild.
hall Police-office to answer the charge for which they were in-
dicted to-day. The intent was but a few hours old i.n the day
mentioned, the 11 th of February, and Mrs. Milbourne was di-
rected by the male defendant to endeavour to get it into the West
London Union, and was to receive 5/. fur her trouble.
In the conversation which he had with both her and the girl,
Gillespie, he expressed his anxiety to get rid of the child altogether.
Whose child it was, or why so much anxiety was evinced to cast
it off and disown it, heedless of its late, and in the heartless manner
described, was not ma e public.

The COMMON-SERGEANT stopped the case, saying that therm was
nothing to support the charge of a conspiracy, and the defendants
under his direction were acquitted.

SURR NESS(t)Ns-'j` ESDA V.

( Before PUCKLE. C hairman, and a Bern hof Magbarates.)
JOHN CHASE V. TILE REFUSAL OF THE JUSTICES OF THE NEWINGTON
DIVISU)N TO GRANT HIM ♦ VICTUALLERs' LICENSE

Mr. Bodkin and Mr. Knapp appeared for the appellant; and
Mr. Wallinger and Mr. Corder for thy Justices.

The case has excited considerable interest, in corvvquence
of the numerous statements which have already appeared in the
papers.

It appeared that Mr. Chase was the landlord of the Black Prince
Princes street, Kennington, and had only recently taken possession
of the house. In cons queme of the numerous complaints against
the manner in which the house has been conducted, made by the
neighbours to the twice, the superintendent of the L division
directed one of his constables to watch the house, and the con.
stable, in February last, saw a judge and jury club held there on
Sunday evening. There was a great disturbance, and he heard
trials going on very frequently. In consequence of this intorma.
tinn the superintendent felt it his duty to report the same to the
Magistrates, and on the following day the Justices suspended the
license until the adjournment day. On that day the case was gone
into before the Licensing Justices in Petty Seesions, when it was
proved that Mr. Chase permitted gambling in his house, and suf.
fered Sunday trading to a great extent.
Inspectors Tapp and Ferguson proved that Sunday trading had
been going on since December un to the last fortnight ; that
there had been disturbances between two and three o'clock
in the morning, and there were cries of murder and police.
Fancy balls and concerts were held twice a week, and
fancy characters, in the costumes of clowns, were seen in front
of the house.
Mr. Matthews, a neighbour, who lived opposite to Mr. Chase,
complained of the great nuisance created by disorderly people at
Mr. Chase's house. On one occasion a prostitute, of the name of
Caroline Turner, came out of Mr. Chase's house between two and
three o'clock in the morning, in a state of beastly intoxication, and
it took the united exertions of font' men to take her to the station-
house on a stretcher. There were a great many disorderly men
and women in front of the house, who were creating a great dis-
turbance, and the neighbours threw up their windows to ascertain
what was the matter, there being cries of " murder," tire.
The Magistrates, after calling on Mr- Chase for his defence, who
merely stated that he conducted his house as well as he possibly
could, and denied that he pprmitted Sunday trading, was or.
dered to withdraw, when the magistrates unanimously resolved
that the license should not be renewed, against which Mr. Chase
appealed.
The appeal consequently came before the Court to-day, when
evidence to the above effect was produced by Mr. Wallinger on be-
half of the licensing justices. The Learned Counsel called several
witnesses In support of the justices, who fully confirmed the
charges brought against the appellant.

Mr. BODKIN next addressed the Court at exceeding great length
on behalf of the appellant, and said if the decision of the Court was
adverse to his client it would involve him in utter ruin, having
embarked his all in the speculation. Mr. Bodkin said the Legisla.
Lure never intended that a licensed victualler should be suddenly
and totally ruined. The 21st section of the Act said that for the
first offence the defendant should be fined, for the second offence a
higher penalty should be Imposed, and for the third complaint the
matter should be referred to a jury, who had power to take away
the license. The Learned Counsel then went on to show that
there was not sufficientevidence to warrant the Court below in with.
holding the license from the appellant, particularly when he had
such fearful interests at stake. The Learned Counsel s..id, that he
was not there to justify that it was proper to hold a judge and
jury club on a Sunday evening, but Mr. Chase ought to have
been properly warned of the great impropriety of his conduct, and
said that proper notice had not been given the appellant to that
effect. The magistrates would take into their consideration that
the appellant had abandoned the holding of clubs and concerts,
and therefore had done all in his power to comply with the wishes
of the Court; he therefore hoped that they wou:d see fit to renew
the license. As to prostitutes, surely those poor unfortunate crew.
tures, who were deserving of great commisor ition, were not o be
denied shelter from the pitiless storm, and denied refreshments to
support their exhausted frames. This he hoped no humane ma
gistrate would ever make a ground for refining a license. The
Learned Gentleman concluded a long and elaborate argument, by
stating that the House had been shut up fur some time, which
probably the Court would deem sufficient punishment, and act as
, a warning to the appellant for the future,

The Chairm Ln and Magistrates then retired, and after some con.
sultation, the former, on his reti rti into Court, announced that
the Court had come to the unanimous de.ermlnation to disallow
the appeal.

POLICE INTELLIGENCE.
(YESTERDAY.)
MARLBOROUGH-STREET.

Robert Peel, aged 22 years, was charged with the following rob.
beries. It aprared that the prisoner, for upwards of two years
past had been a porter in the emp op of Mr. William Wootton,
of Frederick.street, Goswell.street-roal, accountant. On Wednes-
day, the 26th of April last, the prisoner absconded, taking with
him a cash-box, containing 15 sovereigns, a 51. Birmingham bank
note, three bills of exchange, for 31. each, and various memoranda.
No tidings whatever could be gained of him until last evening he
was take❑ into custody. On being charged with the robbery, he
confessed It, and said he had spent the money in roaming about
different parts of Kent. When apprehended he had no money in
his possession, and was evidently in a state of extreme destitution.
Mr. MALTBY asked him if he intended to say any thing then.—
lie replied, " No; I've nothing to say for myself."
lle was fully committed.

A second charge was gone into against him, on which he was
also sent for trial.

- -
LIGHTHOUSE AT GALVESTON.--We learn that ar-
rangements will be made immediately for the erection of a 14ht.
house at Galveston, in accordance with the Act lately passed by
Congress. This Act appropriates 7,000 dollars to be paid out of
the tonnage money for this purpose. The lamp of this lighthouse
is to be at least 75 feet above the level of the sea, and
will be discernible at the distance of between 10 and 12 miles.
—New York Paper,

.1

MARKET NEWS. (YESTERDA •
EXCHAGIVE
The supply of English Wheat was but limited, vet the
demand for that description of Grain was in a sluggWheai:h stat, e,
at barely previous currencies. In tine Foreign as
well as Corn under lock, we have very few sales to report!
Barley and Malt were extremely dull, and prices were not
supported. Oats, Beans, and Peas were quite as dear.

Wheat.
4,9 1 0 qrs.

ARRIVALS.
Barley.
3,550 qrs

Oats.
1,030
16,350
1,270

Floor_
•w
1,2
___—

1

t„,,
„rtt4
eT
tt,„
u

~,.-~
A~•~

vet the
11 state,
heat, OS
report.
'ere not