The Sun.
London, England, 1844-11-05 00:00:00

WILMOT V. WILLIAMS.

This was an action upon a bill of Exchequer for 1801.,
Ln which the verdict was for the plaintiff. The case was
tried in London before Mr. Justice Cresswell.

Mr. Sergeant BYLES this day moved for a rule for a
new trial, on the gronnd that the Learnel Judge had
excluded material evidence.

After hearing the Learned Sergeant at considerable
Length, the Court refused the rule.

SODDING V. STUTCIIF/ELD.
This was an action of debt, in which the defendant
had obtained a rule to stay proceedings upon affidavit
that the amount of the debt and costs (281. 7s. 6d.) had
been paid to the plaintiff's attorney.
Mr. Sergeant MURPHY now moved for a rule to re-
scind that order, on the ground that the money was not
paid in four days after the declaration wac filed, but on
the sixth day, the plaintiff having incurred additional
costs to the amount of 2/. in the meantime.
The LORD CHIEF JUSTICE said that as the money had
been received, the application came too late, and must be
refused.

BANKRUPTCY.—(THIS DAY.)
(Before Mr. Commissioner FANE.)
IN THE MATTER OF MARY ADCOCK.
The insolvent applied through her Counsel, Mr.
Sturgeon, for her final order. She was opposed by Mr.
Lucas, on the part of the late Sheriffs of Middlesex,
Messrs. Musgrove and Moon, for fraudulently contract-
ing a debt ofupwards of 501.
Evidence was entered into to show that in the month
of November last an execution was put into a house oc-
cupied by some relatives of the insolvent, when she
claimed the goods distrained, and they were given up
to her by the Sheriff. She afterwards entered an action
for unlawfully breaking into and entering her premises,
but a verdict was returned for the defendant, the jury
finding that the property seized belonged not to the in-
solvent but to her relative.
Mr. LUCAS contended that under these circumstances,
the commencing an action without any reasonable pros-
pect of being able to pay the costs, was a fraudulent
contracting of a debt.
In reply to his HONOUR, the insolvent said that she
had at that time no means of paying the expenses in-
curred, and
The Learned COMMISSIONER gave it as his opinion
that bringing an action against the Sheriffs under such
en
circumstances was unjustifiable and fraudulent, and the
final order was in consequence adjourned sine die.
IN RE NEWLAND.
In this case, the Rev. William Newland, of West-
square, Lambeth, whose name has for a considerable
period been before the various Law Courts of West-
minster, in connexion with an alleged trespass upon
some property belonging to a Mr. Holmes, applied for
his interim order.
Mr. CooKE, who opposed, said that his client (Mr.
Holmes) was a creditor in the sum of 472/., the damages
and costs in an action of trespass. The action had been
tried before the superior Courts, and Mr. Holmes was
already out of pocket somewhat more than 2,0001. Mr.
Newland had already applied to the Insolvent
Court, but had been refused relief there, on
the ground that he had not given an a,ccaopupnetaolefdproto-
perty to the value of 12,0001. possessed by his wife in
the funds, as also several houses in West-square.
the
(Mr. Cooke) contended that having been already refused ,
in the Insolvent Court, he 'could not now apply to h
Court of Bankruptcy.
hisMriNe
Honour'sv sense of justice. Newland, at constsicide. i
erablie
e
thoughtogugthht
most cruelly treated in the law proceedings
had been
dings adverted to,
and he cited several cases to prove that that Court
had
a legal jurisdiction in the present matter..
Mr. Commissioner FANE said the whole proceedings
were much to be regretted. It would have been more
prudent every way—more like Christians and corantry-
men, if, instead of spending such large sums in law
pointmPre°ne te.Salseistioe twhether
not give an immediate judgment on the
had -gOme to some atni;eable at
the insolvent's petition could be re-
ceived, for he was somewhat opposed t. 2 his wooled
.„.

brother Commissioners upon the point, whether the
Court of Bankruptcy was a Court of Appeal from the
Insolvent Court; but he would consult them, and let
the parties in this matter know his decision upon Mon-
day next.

MIDDLESEX SESSIONS
(THIS DAY.)
The criminal business for the November Sessions com-
menced this day before the Assistant Judge and a full
bench of Magistrates, at the Court-house, Clerkenwell-
green. The names of7B prisoners appeared in the calen-
der, of which 63 were charged with felony, the remain-
der being misdemeanour. Most of the cases were of the
ordinary description.
The Learned ASSISTANT JASDSIE in addressing the
grand jury,alluded to the recent alteration which had been
made in the criminal law, inconsequence of which he now
appeared before them in a different capacity from that in
which he had the honour of last addressing them. This
alteration would lighten the mass of business at the Old
Bailey, to the great saving of time to the prosecutors
and witnesses. He trusted it would also put an end to
the evening sittings, which were attended not only with
the greatest inconvenience, but also were much to be re-
probated in a moral point of view. In speaking of the
building of the New Prison, the Learned Judge depre-
cated strongly any attempt to introduce a general system
of solitary confinement in that gaol. In his opinion nothing
could tend more to brutalise a man than when
turning the key of the prison upon him he was never to
see the face of a fellow-creature. Such a course would
debar all chance of reformation. The solitary system
had been strongly and successfully protested against by
the magistrates of this county, and its injurious effects
had been made manifest by Mr. Kilsby, the Governor of
the New Prison, so that the public need be under no ap-
prehension of this inhuman system being introduced.
The Learned Judge then briefly referred to their duties,
and remitted the grand jury to their room.
FOLICE TESTIDIONY.—EmiIy Mill was indicted for
stealing one sovereign, the property of John Brown.
The prosecutor, who was a man of colour, and cut a
most ludicrous figure in the witness-box, stated that he
was a seaman, and being paid off met the prisoner, who
eventually robbed him o the sovereign.
A constable of the K division, who took the prisoner
into custody, told a quite different story today in Court
from that which he stated before the magistrate. In
fact, there was not the slightest similarity between the
two statements, which he made upon his oath, against
the unfortunate prisoner.
The Learned ASSISTANT JUDGE strongly denounced
the conduct of the constable, and said, that while he
would always protect the police when right, he should
also condemn them when wrong. He should take care
and let the inspector know and hear his (the police-
man's) evidence.—The jury acquitted the prisoner.
A KIND MASTER.—Martha Money, aged 17, was in-
dicted for stealing several napkins and other articles,
the property of her master, Henry Hugh Campbell.
She was also indicted for stealing other articles from
John Anderson, her previous master.
The prosecutor, Mr. Campbell, stated that he received
an excellent character with the prisoner, but suspicion
having been excited, her boxes were searched, and all
the articles named in both indictments found. He
wished at the same time, considering her previous good
conduct and her youth, to recommend her to the mercy
of the court.

The, prisoner, in her defence, denied taking the arti-
cles, and attempted to insinuate that the reason her
master gave her into custody was, because she resisted
some improper overtures made to her.
This the prosecutor indignantly denied.
A verdict of Guilty having been returned,
The Learned ASSISTANT JUDGE said that in conse-
quence of the kind recommendation of her master
(which, indeed, she scarcely merited) he should inflict a
light sentence, which was, that she be imprisoned and
kept to hard labour for three months.
A number of prisoners were convicted and sentenced
to terms of imprisonment varying from three to nine
months for picking•pockets on the occasion of her Ma-
jesty late visit to the City to open the Royal Exchange.

CLERKENWELL.—(THIS DAY.)
A lad named Brown was charged with the following
attempt at robbing the house of Mr. W. Essex, a gentle-
man residing at 5, Gordon-street, Gordon-square.
The prisoner knocked at the door of Mr. Essex's
house between ten and eleven on the previous night,
and said he had a sealed letter for Mrs. Essex. lie
handed the letter to the servant, arid came inside the
door. The servant was going to deliver the letter to her
mistress, when fortunately Mr. Essex came down, and
having opened the letter, found it contained nothing but
a dirty scrap of paper. Mr. Essex's house was robbed a
short time ago of a great deal of valuable property by a
similar device.

The prisoner said he was sent with the letter by Mrs.
Al!sop, of Regent-street, and afterwards told a different
story.—He was remanded.

UNION-HALL.—(THIS DAY.)
William Thornton, a young man, was charged before
Mr. Traill with letting off fireworks.
A policeman stated that on the preceding night while
on duty he saw the defendant come out of a baker's shop
neatly opposite to this court, and placing a cracker ou
the pavement, then ignited it, and it soon exploded. He
was about to let off a second, when he (the policeman)
secured him, and he made a most violent resistance.
The father of the defendant complained loudly that his
son should have been taken into custody for merely let-
ting off a squib, and that he (the father) was determined
on indicting the policeman at the sessions.
Mr. TRAILL said that accidents of the most frightful
nature were caused by the practice of letting off fire-
works in the public thoroughfares, and that it was a por.
Lion of the policeman's duty to see, particularly at this
period, that it was not allowed. The Magistrate then
inflicted a mitigated penalty on the defendant, and told
him at the same time, if he had any complaint to make
against the policeman, he must apply to the Commis-
sioners, and if they found he had just grounds, they
would then have the case investigated at the Court. The
police have bad particular directions to take all persons
into custody found letting off fire-works this day.

FLANDERS MAIL.
(RECEIVED THIS DAY.)
BRUSSELS, Nov. 2.—lt has long been in contem-
plation to improve the course of the river Meuse.
We now find in a journal of Liege,a letter which, to
demonstrate the necessity of these ameliorations,
mentions three more accidents which have lately oc-
curred at Liege, on the 25th, 26th, and 27th of Oc-
tober, by boats striking the piles of the bridge.
These accidents (says the letter) are only the repeti-
tion of those which, during the last twenty years,
have taken place every winter on the Meuse, in con-
sequence of the defective course of the river to the
commune of Liege, which has already cost the lives
of many persons, and ruined many others.
The _lmpartial of Bruges says—`‘ The conductor of
Messrs. Van Guid and Co., who was arrested in Eng-
land, has been set at liberty, after giving up the
35,000 francs which he had stolen, and made good
all the expenses which have been incurred on this
occasion. The money was sent to Brussels yesterday.
BELGIAN FUNDS.--Banams, Nov. 2.
Actua Debt, 2% per Cent.,
Rotbechild's Loan, Five per Cent. .. .....
Loan of Thirty Millions, Four per
Three per Cent..........
Minh us, ditto
(1840) 103%
1844.... ...... 102%
Loan of City, 1843, Four per 101%
Society of Commerce, Four and a .........
Bank of Belgium, Five per Cent 60%
Issue of 1841.. ......
—Brussels' Papers, Nov. 3. "
AUSTRIAN EU INDS.—VIENNA, OcT 28
Five per Cents. Metalliques- 10954
Four par Cents. ..... .......... .. 100%
Three per Cents, 75
Bank Shares ..... .... . 131%
.411gemeine Zeitung, ..... "
HAMBURGH BORSENHALLE, Nov 1.
Austrian 5 per Cents.
Bank Shares 1635 1630
Anglo-Russian Loan 114%
Russian 5 per Cent., Ist series, Certificate...— 105% 105
Inscription, Ist series — 1,53‘
Russian 5 per Cent. Hope and Co., 3d and 9th
Series 993(,
Ditto in Certificates 99%
New 4 per Cent. (1840)
Ditto 5 per Cent.
Anglo_Danish Loan, 3 per Cent. 86% 86 %
Spanish. New .5 per Cent 5....... lB%
Polish Bonds
New Tickets

PRUSSIAN FUNDS.—BZLLIN, 0cr.29.
Bills. Money
St. Schuld Sch., 3% per cent.
Prussian English Bonds, 11830, 4 per cent.
Exchange on London. 2234
Prussian State Gazette. Oct. 30.

THE GAME MANIA.—The most mean and contemp-
tible part of the game mania is, gentlemen (?) getting
permission (as many do) to sport over the property of
others and selling the game they kill upon it, even though
they have surplus game on their own estates. This is
mean and disgracclul in the extreme.—From a Corre-
spondent.

QUICK PASSAGE.—The General Steam Navigation
Company's steam-ship Trident, so celebrated for quick
passages, left the Company's wharf, Poplar, last Wed-
nesday night, and arrived at the Duke of Buccleuch's
Granton Pier, after an unprecedented short passage of
thirty-seven hours only.
WILD FOWL.—(From a Hampshire Correspondent.)
—Within the last few days, since the wind has prevailed
from the eastward, several largo flights of geese, wid-
geon, and other sea fowl, have visited our coast. The
early appearance of these migratory visitors is looked
upon, in these parts, as prognostic of an early winter ;
as the former are never known to quit the more northern
latitudes, where they breed, unless they are instinctively
operated upon by climaterial influence The long gun
punters are busily occupied in training up their frail
skiffs fur their adventurous and hardy pursuits, to meet
the approaching full moon ; and it i$ to be hoped that
they will prove more successful in their undertakings
during the forthcoming than they were throughout the
last v% inter, which proved so unusually mild that the ma-
jority of these toiling punters did not, from their labori-
ous nocturnal excursions, pick up birds :uffi
cient in num-
ber to recompense them for their expenses attendant on
their outfit for the season.

The number of passengers during the week end-
ing 31st of October, through Boulogne, amounted to
1,241 ; through' Calais, 27.1. Of the 1,241 passengers
through Boulogne, the number , from Folkestone
amounted to 205 ; from Dover, 174 ; from London, 122
—5Ol. To Folkestone, 342 ; to Dover, 222 ; to Rams--
gate, 16 ;to London, 160-740 Total, 1,241.
At a wardmote held in Broad-street Ward yes-
teYday, Mr. Henry Marriott was elected to the Common
Council in the" room of Mr. Moon, lately elected Alder-
man of the ward of Portsoken..

MARKET NEWS.-(THIS DAY )

NAT NE.AUXETS.

SMITHFItLID.—Coarse Meadow flay, 3/ lOs to 4110 s
Useful ditto, 41 12s to 51; fine Upland ditto, Si 3s to
5/ 8s ; Clover Hay, 4/ 8s to 61; Oat Straw, 118 s to
11 lOs ; Wheat Straw, 11 lOs to 1/ 123 per load. The
best Meadow Hay sold briskly, at full prices, but other-
wise the demand ruled heavy.
CUMBERLAND.—Coarse Meadow Hay, 31 12s to 4/ 12s;
Useful ditto, 41 I4s to 5/ 3s ; fine Upland ditto, 51 5s to
5/ lOs ; Clover Hay, 41 lOs to Si 18s; Oat Straw, 118 s to
11 Ils ; Wheat Straw, 11 12s to 1/ 14s per load. Supply
but moderate, and trade firm. Prices fully stationary.
WRITECHIPEL.—Coarse Meadow Hay, 3/ lOs to 4/ 10s;
Useful ditto, 41 12s to 51; fine Upland ditto, 5/ 3s to
Si 8s ; Clover Hay, 41 lOs to 6/6s ; Oat Straw, 1/ 8s
to 1/ lOs ; Wheat Straw, 1/ lOs to 11 12s per load.
A fair average supply, and a sluggish inquiry.