The Sun.
London, England, 1844-06-19 00:00:00

APPOINTMP

Captain—W. Kelly, to the Conway.
Commander—W. C. Aldham, to the Winchester.
Lieutenants—F. H. Stevens to the Belvidere, pro tem.,
vice Quin, invalided ; Thomas Gresham, from the Formidable
to the Medea.
Master and Pilot—G. Collier, to the Cygnet, vice Burney.
Second Master—W. Betts, to the Collink,,wood.
Assistant-Surgeons—J. Findlay, from the Illustrious, to
have charge of the Romney slave depot at the Havannah,
vice Birtwhistle, invalided; T. Tait, to the Fearless; J. G.
Buchanan, to Greenwich Hospital.
Mate—S. Osborne, to the Mack Eagle.
Midshipmen—T. Brandretb, to the Excellent; J. Parish,
of the Indus, to the Excellent; A. H. Hodgkinson, of the
Queen, to the Collingwood.
Naval Cadets—G.l3. Rennie, and F. W. Noel, to the Aigle;
R. Parker, to the Alfred; W. H. Truscott, to the Excellent;
A. C. Cowper and C. Markham, to the Collingwood.
Naval Instructors—W. S. Harvey, late of the Malabar, to
the Agincourt ; J. Richardson, to the Excellent.
Engineers—J. Henty and J. M. Macdonnell, to the Pe-
nelope.

COAST GUARD.
Discharge—Lieutenant W. Butler, R.N., of Sutton station,
resigned.
Removals—Lieutenant C. E. Blissett, R.N., from Balti.
more station, to Castletownshend station, vice Dyer.

NEW HALL FOR THE WORKING CLASSES.—The
Chartists of Westminster have it in contemplation to erect a
large building to be called the Chartists' Hall, which is to be
a school for their instruction in science, literature, the fine
arts, moral, social, and political economy, and also for the
education of their children. It is, moreover, to have a news-
room and library.
A sturgeon was taken on Thursday morning, a
short distance below the marsh wall, between Errol and Sea-
side, of the following dimensions :—length, 7 feet 1 inch ;
girth, 2 feet 11 inches ; and its weight 1271b5. It is believed
to be one of the largest ever taken in this part of the country.
—Perthshire Constitutional.

TUESDAY NIGHT'S GAZETTE. '
FOREIGN OFFICE, Jane 17.
The Queen has been pleased to approve of Mr. Antonio
Acosta, as Consul-General in the United Kingdom for the Re-
public of Bolivia.
The Queen has also been pleased to approve of Mr. Charles
Maynard, as Consul at Port Elizabeth, Cape of Good Hope,
for the Free Hanseatic city of Hamburgh.
WHITEHALL, June 17.
The Queen has been pleased to present the Rev. John
Rogerson Currie to the church and parish of Ednam, in the
presbytery of Kelso and county of Roxburgh, vacant by the
transportation of the Rev. Jo eph Thomson, late minister
thereof, to the church and parish of Morebattle.
OFFICE OF ORDNANCE, JUNE 15.
Royal Regiment of Artillery.-Second Captain A. Gossett
to' be Captain, vice Knatchbull, retired on half-pay. ; First
Lieutenant G. D. Warburton to be Second Captain, vice Gos-
sett; Second Lieutenant the Hon. W. Kennedy to be First
Lieutenant, vice Warburton, June 9.
Commission by the Lord-Lieutenant of Ayrshire.
Ayrshire Regiment of Yeomanry Cavalry-Cornet P.
Warner, to be Lieutenant, vice R. Fergusson, resigned, June 11.
WHITEHALL, APRIL 26.
The Lord Chancellor has appointed Justinian Adcock, of
Cambridge, Gent., to be a Master Extraordinary in the High
Court of Chancery.
WHITEHALL, MAY 23.
The Lord Chancellor has appointed Josiah Edwin Hinds, o
Newcastle-under-Lyme, in the county of Stafford, Gent., to
be a Master Extraordinary in the High Court of Chancery.
BANKRUPTCY SUPERSEDED.
FREDERICK HEIGHINGTON WARD, tallow-chand-
ler, Arbour-terrace, Commercial. road.
BANKRUPTS.
JOHN HOLLAND. draper, Buxted, Sussex, June 28,
at eleven, and July 26, at twelve, at the Court of Bankruptcy.
Pennell, official assignee, Basinghall-street ; Lofty and Potter,
King-street, Cheapside.
THOMAS LEAVER, baker, Great Coxwell, Berkshire,
June 27, at half-past twelve, and July 26, at half-past two,
at the Court of Bankruptcy. Edwards, official assignee,
Frederick's-place, Old Jewry; Clarke, Medcalf, and Gray,
, Lincoln's-inn-fields; Haines, Faringdon, Berkshire.
WILLIAM EDWARD DRAY, grocer, Heathfield, Sussex,
July 4 and 25, at twelve, at the Court of Bankruptcy.
Edwards, official assignee, Frederick's-place, Old Jewry ;
Lofty and Potter, King-street, Cheapside.
HENRY PEACOCK and JOHN PEACOCK, grocers,
Stockton-upon-Tees, July 5, at half-past one, and August
5, at one, at the Newcastle-upon-Tyne District Court.
Wakley, official assignee, Newcastls-upon-Tyne ; Harle,
Newcastle-upon-Tyne; Chsholme, Hall, and Gibson, Lin-
coln's Inn-fields.
NOTICES OF INSOLVENCY.
R. Hughes, wine merchant's cellarman, Liverpool.
W. H. S.ephens, undertaker, Peckham.
W. Shallcrass, corn dealer, Union. street, Blackfriars-road.
T. Playfair, house agent, Portman-street, Portman-square.
J. F. Muckleston, baker, London-road, Southwark.
G. Sutton, congreve match maker, Bethnal-green. .
J. Wheeler, labourer, South Littleton, Worcestershire.
S. Dainton, painter, Bermondsey-street.
G. Crook, parchment maker, Witney, Oxfordshire.
W. Eagle, clerk, Grove-place, Bethnal-green.
W. Wright, carpenter, Bedford-street, Covent-garden.
J. Turtle, cowkeeper, Clapham.
H. Wilton, attorney-at-law. Rodney-street, Clerkenwell.
J. Glover, accountant, Peckham-grove, Camberwell.
W. Robertson, coffee-shop keeper, Eagle-terrace, City-road.
S. Parbery, builder, Wells-street, Jermyn-street.
F. Layton, carpenter, Brackley, Northamptonshire.
W. Weeks, horse dealer, Edmund-place, Aldersgate -street.
J. Pearson, victualler, Newcastle-under-Lyme.
J. Turner, licensed victualler, Newton, Cheshire.
R. Watson, horse breaker, Northampton.
J. Devereux, frame-work knitter, Adam-street, New Kent-rd.
J. J. Sanders, jun., carpenter, Poplar.
H. Jones, shopkeeper, Bedwelty, Monmouthshire.
C. Thomson, surgeon, Aldersgate-street.
W. Platte, cloth manufacturer, Birstall, Yorkshire.
J. M. Walker, Bayham-terrace, Camden-town.
E. L. Weale, wine dealer, Walcot-square, Lambeth.
E. Briden. working gardener, Hampstead.
H. Puddick, eating-house keeper, West Smithfield.
F. T. B. Dumelow attorney's clerk, Shepperton-pl., Islington.
T. Beck, farrier, North Wharf-road, Paddington.
J. Stott, attorney, Leeds.
M. Leech, innkeeper, Mottram in Longdendale, Cheshire.
T. Hancock, pork-butcher, Stretford, Lancashire.
J. Walker, cotton waste spinner, Green-hill, Lancashire.
W. Massey, victualler, Stockport, Cheshire.
M. Johnson, saddler, Type-street, Chiswell-street.
C. Eaton, carpenter, Henry-street, Portland-town, Marylebone.
J. Shepherd, bricklayer, Woodford, Essex.
J. Hobson, cooper, Northampton.
W. Facon, Gloucester-terrace, Parks-wall, Chelsea.
E. J. Tweed, traveller, Wells-street, Cripplegate, City.
E. Seale, farmer, Clehonger, Herefordshire.
J. Way, baker, Fortsca.
J. Taylor, coffee-house-keeper, Newcastle-place, Paddington.
G. Ford, jeweller, Ilolles-street, Oxford-street.
J. Roberts, jun., beer-retailer, Mapes-street, Bethnal-green.
W. H. Coveney, clerk, Cambridge.
P. S. Parkin, accountant, Elizabeth-street, South, Pimlico.
J. Abbot, journeyman potter, Vauxhall-walk, Vauxhall.
M. Neale, watch gilder, Great Sutton-street, Clerkenwell.
J. Banyard, saddler, Suffolk.
D. Ross, clerk, King-street, Westminster.
J. Cato, wine cooper, Wellington-street, Kingsland-road.
G. Gardner, eating-house keeper, Stone's-end, Borough.
R. J. Bradbeer, carpenter, Upper Souldwick-st.,Edgeware-rd.
SECOND NOTICES.
J. Parker, sen., coach maker, Bath, June 24, at one at the
Bristol District Court. Miller, official assignee.
B. Newnham, tailor, Frith-street, Soho, June 24, at twelve,
at the Court of Bankruptcy. Graham, official assignee.
H. Davis, French teacher, Gloucester-place, Portman-ssuare,
June 24, at half-past eleven, at the Court of Bankruptcy.
Turquand, official-assignee.
C. Higginson, schoolmaster, Broadisell, Oxfordshire, June
24, at twelve, at the Court of Bankruptcy. Turquand, official
assignee.
W. Parker, coal dealer, Heigham, June 24, at eleven, at the
Court of Bankruptcy. Turquand, official assignee.
J. Chand'er, labourer, Mitcham, June 24, at eleven, at the
Court of Bankruptcy. Graham, official assignee.
J. Charlesworth, clothier, Almondbury, Yorkshire, June
at eleven, at the Leeds District Court. Young, officialassignee.
J. Duce, cloth maker, Leeds, June 22, at eleven, at the
Leeds District Court. Young, official assignee.
J. Thompson, veterinary surgeon, Boroughhridge, June 22,
at eleven, at the Court of Bankruptcy. Freeman, official
assignee.
B. Pocock, Fuller-street, Bethnal-green, June 21. at eleven,
at the Court of Bankruptcy. Edwards, official assignee.
W. R. D. Brett, baker, Lion-street, New Kent-road, June
21, at eleven, at the Court of Bankruptcy. Groom, official
assignee.
T. Hoile, farmer, Sandwich, Kent, June 26, at eleven, at
the Court of Bankruptcy. Johnson, official assignee.
R. Winch, schoolmaster, Herne-bay, June 26, at twelve,
at the Court of Bankruptcy. Johnson, official assignee,
Basinghall-street.
A. Newark, milliner, Oxford, June 26, at half-past eleven,
at the Court of Bankruptcy. Johnson, official assignee, Basing-
hall-street:
J. Unsworth, butcher, Belton-le-Moors, June 21, at eleven,
at the Liverpool District Court. Morgan, official assignee.
E. B. Downing, commission agent, Birmingham, June 21
at eleven, at the Birmingham District Court. Valpy, official
assignee.
J. B. Broomhead, Batley, Yorkshire, June 22, at eleven, at
the Leeds District Court. Young, official assignee.
T. Braim, commission agent, Leeds, June 22, at eleven, at
the Leeds District Court. Hope, official assignee.
T. Clough, provision dealer, Leeds, June 22, at eleven, at
the Leeds IS istrict Court. Freeman, official assignee.
DIVIDENDS.
At the Court of Bankruptcy, Basinghall.street.
J. Bettye, linen draper, Courtney-terrace, Kingsland, July
9, at two-R. Stevens, china dealer, New-cut, Lambeth, July
5, at half-past ten-R. Mason and W. R. Scott, booksellers,
Leeds, July 9, at half-past eleven-W. Bromley, scrivener,
Gray's Inn-square, Gray's Inn, July 11, at twelve-J. An-
drews, stock broker, Threadneedle-street, July 11, at one-T.
Andrew, victualler, Little Earl-street, Seven Dials, July 11, at
. two-J. Carruthers, distiller, Speldhurst, Kent, July 11, at
half-past ten.
In the Country.
J. Breaseley, victualler, Leeds, July 12, at eleven at the
Leeds District Court-J. Gibson, grocer, Lindsey, Lincoln-
shire, July 12, at eleven, at the Leeds District Court-J. T.
and W. Bradley, ironmongers, Leeds, July 12, at eleven, at the
Leeds District Court-J. Barraclough, timber merchant, Brad-
ford, Yorkshire, July 12, at eleven, at the Leeds District Court
-R. H. Welsh, warehouseman, Aldermanbury, Aug. 7, at
eleven, at the Leeds District Court-J. Burgess, licensed
victualler, Manchester, July 9, at twelve, at the Manchester
District Court-E. Hiton and N. Walsh, paper makers, Over
Darwen, Lancashire, July 2, at eleven, at the Manchester Dis-
trict Court-H. Hilton, bleacher, Over Darwen, Lan6shire,
July 2, at eleven, at the Manchester District Court-J. Hells-
well, dyer, Salford, Lancashire, July 10, at twelve, at the Man-
chester District Court-J. May, victualler, Corsham, Wilt-
shire, July 10, at twelve, at the Bristol District Court-S. and
W. T. Clough, alkali manufacturers, Eccleston, Lancashire,
July 9, at eleven, at the Liverpool District Court-C. Robson,
miller, Shotley-bridge, Durham, July 8, at half-past one, at
the Newcastle-upon-Tyne District Court.
CERTIFICATES to be granted, unless cause be shown to the
contrary, on the day herein-mentioned.
F. W. Palmer, colonial broker, Alincing-lane, July 9-
J. J. I. Syer, undertaker, Bridge-street, Blaekfriars, July 9
-Samuel Fuller, warehouseman, Gutter-lane, Cheapside,
July 9-J. Gibson, grocer, Lindsey, Lincolnshire, July 12
-Ws Bradley, irceimeogers, Leeds, Yorkshire, July 10-J.
Mallalieu, cotton spinner, Sowerby, Yorkshire,July 12-.1. IL
Roby, coffee-house keeper, Manchester, July 8-J. Brown, tea
Tbsdealer,aoaknuenrat,goAe N:xt'b,esryAoi mdmdgodee
Addle-street,
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Staffordshire, July 9-H. Mitchell, fellmonger, Nottingham,
July 9-T. Bomford, hay dealer, Elmston Hardwick, Glouces-
tershire, July 9-. L Tarver, ironmonger, Daventry, North-
amptonshire, July 9-1 W. Ord, linen draper, Durham, July
9 -W. Ball, cabinet maker, Goodge-street, Tottenham-court-
road, July 9-T. Amos, builder, Kingsland-road, July 9--H.
and C. Grove, grocers, Birmingham, July 9-R. and J. Calde-
cott, silk mercers, Manchester, July 9-1 Cunnington,
builder, Newport, Monmouthshire, July 9-J. Alexander,
common brewer, Pendleton, Lancashire, July 9.
PARTNERSHIPS DISSOLVED.
J. Dunkerley and S. Sharrocks, drapers, Chorlton-npons
Medleck-W. Welton and R. Bligh, surgeons, Woodbridge,
Suffolk-W. and H. Corns, malt manufacturers, Wolverhamp-
ton-J. Easthope, J. Jones, and E. Bathurst, potters, Ben-
thall, Shropshire-J. G. Goslin and J. H. Downs, maltsters,
Battersea-J. R. Holmes and. A. Pink, brewers, Poplar-A.
Bolden, J. Vining, and P. Vaughan, sugar refiners, Bristol-
E. Kent, W. Woulds, W. Habgood, and J. Hilton, smallware
manufacturers, Manchester (so far as regards J. Hilton)-S.
Hattersley, G. E. Donisthorpe, and F. Hattersley, top manu-
facturers, Bradford, Yorkshire (so far as regards G. E. Donis-
thorpe)-J. Flockhert, J. Sidebotham, and T. Coleman, wine
merchants, Fenchurch-street (so far as regards J. Sidebotham)
-T. Neale, sen., and T. Neale, jun., brewers, Reigate,
Surrey-Bells, Dixon, and Co. common brewers, Newcastle-
upon- Ty ne (so far as regards I). Dixon)-W. Dowding and S.
Dowding, jun., clothiers, Westbury, Wiltshire-R. Andsell and
Co., white salt proprietors, Anderton, Cheshire-S. Lea and
W. Aucott, maltsters, Birmingham.
SCOTCH SEQUESTRATION.
JAMES BRYSON, grazier, Bathgate, Linlithgowshire,
June 21 and July 12, at three, at the Star and Garter Inn,
Linlithgow.

The Russian Minister transacted business yesterday
at the Foreign-office.
CRUSADE AGAINST REPEAL BUTTONS..--011 Friday
morning, notice having been forwarded to the Corporation
House, in William-street, that the main pipe for
supplying water to the Royal Barracks was out of
order, some of the men employedin the pipe-water de-
partment were at once dispatched to rectify it; but on
approaching the barrack-gate the were refused admit-
tance by the sentinel, unless they pulled off their repeal
buttons. The men declined to do so, and the sentinel refus-
ing to admit them, although they explained the object of
their visit, they returned to the Pipewater-office, and the
Royal Barracks remained without the means of obtaining a
supply of water.—Dublin Evening Post.

LAW INTELLIGENCE.
HOUSE OF LORDS, June 14
EDWARD RAILTON, APPELLANT, AND THOMAS GADD
MATTHEWS AND OTHERS, RESPONDENTS.
. _ _

This was an appeal from the judgment of the second
division of the Court of Session, in an action at the suit
of the appellant, for setting aside a surety bond for
4,0001., which he had granted to them for the fidelity of
their agent or clerk at Glasgow, a person of the name of
Hickes. The cause was tried by the Lord Justice Clerk,
at Edinburgh, in August last, under the issue, " whether
the pursuer, Edward Railton, was induced to subscribe
the said bond of caution or surety by undue concealment
or deception on the part ofthe defenders, or either of them ;"
and the Judge having directed the jury, " that under this
issue the concealment must be, Ist, of things known to the
defenders, or which they had strong and grave ground
to suspect ; and, 2dly, that the concealment, therefore,
being undue, must be wilful and intentional, and with a
view to the advantage they were thereby to receive," ex-
ceptions were taken to the charge, and they being disal-
lowed by the Court, the cause was brought up here by
appeal, which, being heard, was sustained, and the fol-
lowing opinions delivered

Lord COTTENHAM—My Lords, this is an appeal I
from a judgment of the Court below. Entertaining an
opinion against the judgment pronounced there, if I had
felt any doubt upon the subject, or had considered it a
case which required more investigation of the facts than
it has received, I certainly should have been unwilling
to dispose of it without taking time for further con-
sideration ; but the facts are so simple, and the points
are so free from doubt, that I see no reason why the
the House should not at once dispose of this case.
My Lords, the real question is, whether the way in
which the Learned Judge put this case to the jury, and
described to them the duty they had to perform, was or
was not consistent with, and properly applicable to the
question and the issue raised for their consideration. The
issue in my opinion very clearly describes the point
which the Court wished to hare investigated. The terms
of the issue must of course be construed as they stand,
but it is not material to look to the points raised
in the pleadings for the purpose of construction. If
there were any doubts upon the meaning of the terms
used, I would look to the summons for the reduction of
the instrument of suretyship, and I find several facts ap-
pearing as having passed between the party who was the
:übject of the surety-ship, and those by whom he had been
previously employed, and I find the matter stated in these
terms :—" That the parties totally failed to communicate
the said circumstances, or either of them, or the existence
of any balance on the agency accounts then standing
against the said George Hickes, to the prisoner, or to
the said Henry William Hickes, and on the con-
trary, while they accepted and took possession
of the said bond, they fraudulently suppressed
and concealed the said whole facts and circumstances
regarding the conduct and irregularities of the said
George Hickes." There is an imputation made of
direct fraud, or fraudulent intention, influencing the acts
of the parties, and there is a direct statement of such con-
cealment. Is has not been contended, and it is impossible
to contend after what Lord Eldon lays down,
in the case of " Smith v. the Bank of Scotland,"
that a case racy not exist in which mere non-
communication would invalidate a bond of suretyship.
Lord Eldon states various cases in which a party
about to become surety would have a right to have
communicated to him circumstances within the know-
ledge of the party acquiring the bond, and he states that
it is the duty of the party acquiring the bond to com-
municate those circumstances, and that the non-commu-
nication, or, as he uses the expression, the concealment
of those facts, would invalidate the obligation, and release
the surety from the obligation into which he had entered.
Now, when the issue in this case was tried, such being
the points raised between the parties, we have nothing
to do with the evidence in the cause, or the facts proved,
or the conclusion to which the jury might or might not
have come under the circumstances, but with the question
whether the charge which was made them was such a
charge as we conceive ought to have been made
to them. The issue for their consideration was
as a matter of fact, " whether the pursuer, Edward
Railton, was induced to subscribe the bond of
caution or surety by wane concealment, or decep-
tion, on the part of the defenders, or either of
them," raising these two propositions, which were raised
on the pleadings in the cause, either of which, if found in
the affirmative, would lead to the conclusion of the
the cause. The question, looking at the terms in which
the matter was left to the jury, and the mode in which
the Learned Judge informed the jury they ought to
perform their duty, is, whether there may not have been
a ease brought before the jury for their consideration, of
improper and undue concealment, which I understand to
mean a non-communication of facts which ought to have
been communicated, which would lead to the relief of the
surety, although the non-communication might not be
wilful and intentional, and with a view to the advantage
which the party was thereby to receive. That which I
find here extracted from the charge of the Learned
Judge, I understand to be one proportion. The Learned
Judge lays it down distinctly, that the concealment to
be undue must be wilful and intentional, with a view to
the advantage they were thereby to receive. In my
opinion there may be a case of improper concealment, or
non-communication of facts which ought to be communi-
cated, which would affect the situation of the parties,
even if it was not wilful and intentional, and with a
view to the advantage the parties were to receive.
The charge, therefore, I conceive, was not consistent with
the rule of law. I think that it narrowed the question fur
the consideration of the jury beyond the limits which
the rights of the parties required to have submitted to
the consideration of the jury. Without going further
into the law which regulates the rights of these parties
than that which was stated by Lord Eldon, in the case of
" Smith v. the Bank of Scotland," we find that in a judg-
ment of this House, in the case of an appeal from
Scotland; and, therefore, ore peculiarly valuable in
the case now under consideration, that has been
declared to be the law. The terms used by the Learned
Judge in directing the jury, having limited the question
for their consideration much more than the rule of law
mould justify, it appears to be quite clear that this case
has not been properly tried, that the exceptions were
properly taken, and that the House is bound to pro-
nounce such a judgment as ought to have been pro-
nounced by the Court of Session.
Lord CAMPBELL—My Lords, this case has been very
satisfactorily argued on both sides with great brevity,
but everything has been urged which could be for the
advantage of the clients, or the assistance of your Lord-
ships; and having listened to all which has been urged
on both sides, very attentively, I; without the smallest
hesitation, come to the conclusion that the bill of excep-
tions ought to be allowed, and that there must he a new
trial. The question really is, what is the issue which
the Court directed in this case—" whether the pursuer,
Edward Railton, was introduced to subscribe the said
bond of caution or surety, by undue concealment or
deception on the part of the defender, or either of them."
The material words are " undue concealment on the part
of the defenders"—what is the meaning of those words?
I apprehend, my Lords, the meaning of those words
is, whether Railton was induced to subscribe the
bond by the defenders having omitted to di-
vulge facts within their knowledge which they were
bound, in point of law, to divulge. If there
were facts within their knowledge which they were
bound in point of law to divulge, and which they did
not divulge, the surety is not bound by the bond—there
are plenty of decisions to that effect both in the law of
Scotland and the law of England. If the defenders had
facts within their knowledge which it was material the
surety should he acquainted with, and which the de-
fenders did not disclose, in my opinion the con-
cealment of those facts, the undue concealment
of those facts, discharges the surety ; and whe-
ther they concealed those facts from one
motive or another, I apprehend is wholly immaterial.
It certainly is wholly immaterial to the interest of the
surety, because, to say that his obligation shall depend
upon that which was passing in the mind of the party
requiring the bond, appears to me preposterous ' • for that
would make the obligation of the surety depend on whe-
ther the other party had a good memory, or whether be
was a person of good sense, or whether he had the facts
at the moment in his mind, or whether he was aware
that those facts ought to be disclosed. My Lords, the
liability of a surety must depend upon the situation in
which lie is placed, upon the knowledge which is com-
municated to him of the facts of the case, and not upon
what was passing in the mind of the other party,
or the motive of the other party. If the facts were
such as ought to have been communicated, if
it was material to the surety that they should be
communicated, the motive fur upholding theme I appre-
hend, is wholly immaterial. Then we come to the
direction given by the Learned Judge. The Learned
Jadge says, " The concealment, therefore, being undue
must be wilful, and intentional with a view" (that is,
with reference to the motive) " to the advantage
they were thereby to receive." Now, according to my
notion of the issue, that is an entire misconception of it
according to this direction, although the parties acquiring
the bond had been aware of the most material facts which
it was their duty to disclose, and the withholding of
which would avoid the bond, if they did not wilfully and
intentionally withhold them—that is to say, if they had
-forgotten them, or if-iey thought, by mistake, that in
point of law or morality,ehey were not bound to dis-
close them, then, accorains. to the holding of the
Learned Judge, it would not he it concealment. But the
Learned Judge does not' 4op there ; but he goes
on " with a view to .th,e' advantage they were
thereby to receive, introducing those words conjunctively,
and in effect saying, it was not an undue concealment
unless they had their own particular advantage in view.
That appears to me a misconception. I will suppose
that their motive was kindness to Hickes, to keep back
from those who it was material to him should
continue to have a good opinion of him, the
knowledge of those facts, that it was a pure
kindness on their part to prevent those parties
entertaining a bad opinion of him, and not from any
selfishness this concealment took place ; although that
might be the motive, yet the fact that lie was in arrear,
and had been guilty of fraudulent conduct, and that he
was a defaulter, were facts which it was most material
for the surety to be acquainted with. If those were
held back merely from a kind motive to niches,
and not at all from any selfish motive on the part
of those to whom the bond was to be executed,
the effect, in point of law, would be the same
as if the motive were merely the personal benefit
of the parties to receive the bond. It appears to me,
therefore, that the Learned Judge has misunderstood
the meaning of the issue, and that having told the jury
that a concealment to be undue must be wilful and in-
tentional with a view- to the advantage which the parties .
were to receive, that was a misdirection, and that it had ;
a tendency to mislead the jury, that it was wrong in
point of law, and that the exception to the direction
ought to be allowed.
Interlocutor complained of reversed, bill of excep-
tions
allowed, and a new trial directed,

For the Appellant—Mr. Sergeant Talfourd and Mr. Fle-
ming. George Parsons, 4, Manchestq-huildings, agent.

••••••••
For the Respondents—Mr. Kelly and Mr. Andersog•
Deans, Hope, and Dunlop, Fludyer-street, agents.

COURT OF COMMON PLEAS, June 18.
(Sittings at Nisi Prins.)
NEWTON V. ROWE AND NORMAN.
At the sitting of the Court this morning, Mr. Coal/117f
addressed the jury at great length, for the plaintiff. Chi
Justice Tindal summed up the evidence.
The jury retired to consider their verdict, and;
after erit
absence of several hours, returned into Court with
for the plaintiff on the first issue, damages one farthing;
the second for the defendant; on the third for the plaintiff;
damages one farthing ; and on the fourth for the. defendant'

CENTRAL CRIMINAL COLRT•
OLD COURT.

(Before the RECORDER.) f 10-
Daniel Dearlove, aged 35, chemist, was indicted for -e
niously breaking and entering the dwelling-house of JOl5.
Dearlove, and stealing two bank notes of 1001. each, eig"
sovereigns, and other moneys, his property. and
Mr. Wilkins conducted the case for the prosecution,
Mr. Clarkson defended the prisoner.
The facts of this case had very recently been before tilt
public when the charge was investigated at Lambeth-street
Police-office. The prisoner was the prosecutor's nephew. r
risone
The jury returned a verdict of guilty, and the p
was also proved to have been before convicted of felonS:
The RECORDER inquired whether there was any clue
likely to lead to the recovery of any portion of the pro'
perry? The officers said they believed not.
Mr. PAYNE suggested that if judgment was resPiteds
possibly the prisoner might give some information IV°
the subject.
The RECORDER said that the robbery was wanton and
mischievous, as the bonds and deeds were of great Value
to the prosecutor, while they were perfectly useless 13
the thief.
Mr. PAYNE then exhorted the prisoner to give silt
information as would lead to the recovery of '—
property.
The prisoner remarked that he knew no more about it
than the table that stood before him.
Mr. PAYNE remarked that no one could believe wilfit
he stated.
The prisoner was called up for judgment, and Sell'
tented to be transported for fifteen years.
The Court then adjourned to Monday,
.July 1. 1,4
Ms Majesty the King of Saxony, attended by Po.
suite, and accompanied by the Lord Mayor, IX' rd raj
Wellesley,Baron Gersdorft; and other gentlemen, ente..o
the Court during the above trial, and sat for some the
upon the Bench, apparently a good deal interested in
proceedings.