The Sun.
London, England, 1845-12-01 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, Not'. 29.
WRIGHT V. WALKER.

This was an action for a breach of promise of mar-
riage. The plaintiff; Miss Wright, is the daughter of a
law-stationer, who resided in Newgate-street, and she
first became acquainted with the defendant, who is a
medical student in Norfolk, about the beginning of 1842.
The young lady was stated to be very accomplished, and
to possess great musical abilities. Her " majestic
voice " (to use his own expression) soon produced an
effect on the defendant, who was also addicted to musical
pursuits, and her appearance and manners being agree-
able to him, his sensibility soon led him from the chords
of harmony to the chains of love. Letters were pro-
duced and read in Court, which went to prove that an
offer had been made by Mr. Walker.
Mr. J. LEE, for the plaintiff, had offered to take a
verdict of 40s. damages ; as, said the Learned Counsel,
the object in bringing this action was not to receive
heavy damages, but merely to clear the plaintiff's cha-
racter from any aspersions that might have been cast
upon it.

Mr. EDWARDS, the counsel for the defendant, would not,
however, consent to this, ai he thought he could show
that an offer of the kind asserted had never been made
by his client.

-
Witnesses were called who had received Mr. Walker
as Miss Wright's ardent lover, and no doubt had beon
entertained by them as to the defendant's intentions.
The evidence for the defence showed that Mr. Walker
was only allowed 701. a year for his maintenance; that
he was employed as a surgeon's assistant; and that he re-
ceived no remuneration for his services ; when he did
receive remuneration, it would be no more than 301. a
year.

Mr. EDWARDS, on behalf of the defendant, said that
his client did not for a moment deny having made the
engagement, but it was an engagement which was to be
fulfilled when he should be in a condition to support a
wife. He submitted that his client was in a most la-
mentable position ; he was now 30 years old, and had
an engagement with a gentleman who did not give him
a single tarthing as remuneration, with a salary of 30/. a
year in perspective. Lie had not even funds enough to
pays the hospital, and he put it to the jury whether a
man in his position would do right to saddle himself
with a wife.
Mr. LEE briefly replied.

.
Lord DENMAN summed up, and told the jury that, if
the defendant were not in a position to support a wife, he
should not have made advances to the plaintiff.
The jury returned a verdict of 201. damages, and 40s.
costs.

COURT OF EXCHEQUER, Nov. 29.
KEY V. GILES AND OTHERS.
This was an action to recover a sum of money from
the defendants as shareholders in a defunct Company,
entitled " The Union Flint Glass Company."
The plaintiff was a plumber, and did work for the
Company, which carried on its works in Bromley, Mid-
dlesex, for some time, but ultimately failed. Not being
able to get his money, he brought his action against
the defendants, who were shareholders in the Company,
and whom he wished to make liable for the amount
due to him.

Mr. JARVIS, with whom was Mr. Sergeant Jones,
contended that the defendants were not liable on this
ground. The original prospectus stated that the Com-
pany was to be carried on by means of some 30,000
shares, whereas only about 5,000 were subscribed for.
The Company, however, went on, and no evidence was
given to show that the defendants were made aware by
the directors that they had gone on with the works
with a less capital than that stated in the prospectus,
therefore it having been shown that this Company had
gone on making glass with a less capital than that an-
nounced in the prospectus, and no proof having been
given that the defendants were cognizant of that fact,
the defendants were not liable.

After a good deal of discussion between the gentle-
men at the bar and the Learned Judge, it was agreed
that a nonsuit should be entered up, with leave for Mr
Watson, on the pert of the plaintiff, to move to set it
aside next term, when this important question of law
will be raised.

BANKRUPTCY COURT. Nov. 29.

IN THE MATTER OF PYRE'S BANKRUPTCY,-EXTRAORDI-

NARY SCENE.

This was a meeting specially appointed under the
bankruptcy of John Pyke, of Old Steyne, Brighton,
jeweller, to test the validity of an execution put into the
bankrupt's premises by one Mr. Samuel, a resident in
the neighbourhood
th
e corfeDdiutokre, an aged man, was called by's-place.
Mr.
the solicitor for the assignees, for the purpose of showing
that the execution was invalid and untenable, and that
his transactions with the bankrupt had not been so ex-
tensive as had been represented. Mr. Samuel under-
went a lengthened examination, in the course of which
it transpired that his dealings with Pyke were but as a
drop in the ocean compared With his 'none yed transac-
tionevs.oryTthhieug, fromwitnessdaeseirieibeeddlehitomsaen anch or. " fact
as a I;eneral dealer
in
(added-the witness), lam ready to make a pargain and
have a dealing with anypody, from a penny to any
amount."—(Laughter.)
The Learned COMMISSIONER gave a significant glance
at the meanly attired appearance of the judgment credi-
tor, and shook his head.

In anstrer to the Learned Commissior.er,
Mr. Sranuel said, that when be had. dealings sith a
person of such respectability, he did nc,t sometimes take
any security at all. Indeed, the same party owed him
8,0001.. -besides the bill, which he felt was very safe. He
freq...iently advanced 50)1., ar,d sometimes 5,0001., on an
I 0 U. He did so much tb st it was impossible for him
to be looking at his papers, for every leetle tiny.—(Much
Samuel—No, I key laughter.)
and if they be
The CommisstortF it—Have you any bill-book ? Mr.
43 no pill
de file, and, as t.l. ay p come due, I have them presented,
book. I stick my pills on
the monist', to
--.4- them toe best way I can.
Tho.t-pa-iCI at the time, den afterwards I get
Samuel,Mr.
upon 'one TAX ned Commissioner, and emphatically re-
ma"....ked-11
B:tatement, r have a few little matters in my pocket.
(Here the your' Honour, Sir, doubts the truth of my
witness pilled out a piece of paper, which
was handed 1,) the Ccurt, and to the amazement of all
present it tnt tined out Lobe a bill of exchange for 10,0001.,
and, from the. extreme caution to conceal the name of the
anee"gtor, gre• it curiosity was manifested.)
The solicit or for tae assignees inquired if the witness
knew the ex let _number of bills he took in a year ? to
which the so aof Isntel acutely replied, " Do you know
how many briefs 2ou have in a year ?"—(Roars of
laughter.)
The solicitor next inquired respecting a pearl neck-
lace,
of great value, received by him from the bankrupt,
when :Mr. Se mud. slid he had not sold it to a Mr. Le-
vingt
m, but, he had " swopped" it away when he was
over 'in Fret ice. 130 admitted that every pearl in the
necklace wra dispoolld of for 3/. each.
In confir nation of his wealth, ' Mr. Samuel produced
two cases of most oostlyjewellery, which wore handed

G. D E M:I3 E R 1, 1845.

up to the Learned Commissioner, and his HONOUR,
having inspected the same, observed (in reference to the
num9rous robberies of hats, cloaks, and umbrellas in the
Court), that this was anything but a proper place to
exhibit such valuables.

The witness throughout gave his evidence with the
greatest nonchalance, and the result, in this case, as in
many others, was, that the children of Israel spoiled the
Egyptians.

INSOLVENT DE,BTUR,s' CuURT, Nov. 29.
IN RE WILLIAM HOLMES.

This matter, which involved a somewhat important
point, and which was before the Court on Thursday,
again engaged the attention of Mr. Commissioner Law.
It was an application to divest the Court of its title over
the property of the insolvent in favour of the Court of
Bankruptcy, under the Act for facilitating arrangements
between debtors and creditors. The insolvent had un-
fortunately been engaged in " bill transactions," and
hence his embarassments. He had a good estate at Cam-
den-town, through which, it was to-day for the first time
stated. a railway was intended to pass, and, therefore,
would increase its value. The estate was charged, and
it was alleged by three dissentient creditors, who resisted
the application, that they eventually expected to be paid
in full. On the other side, thirty-seven creditors had
agreed to a proposition under the Act in force
in bankruptcy, that 2,0001. should be raised to satisfy
their debts, which would pay, after expenses, about 4s.
in the pound. Against this arrangement for immediate
satisfaction three persons presented themselves, and their
expectation of having their bond arose in anticipation of
a " Chancery suit." It appeared that the parties who
were in opposition, or the holders of the securities which
constituted their debts, about three years ago consented
to take their share in the arrangement, which would re-
alise about 7s. in the pound. They were now offered
that 3201., which constituted their debts, would be paid
into Court, if they would forego all further opposition,
and enable the parties to raise the money in question to
put an end to the matter, so that Mr. Holmes might ap•
ply himself to the profession he had adopted.
Mr. COOKE, who represented the insolvent, mentioned
the offer of money into Court, and urged its acceptance
by the dissentients.
It was stated that several projects for railways to pass
through the property at Camden-town were expected
to be made in the next session, and the property would
be increased in value.

Mr. Commissioner LAW declared, at the conclusion.
that the dissentients had assented to an arrangement
some years ago, and he had heard nothing for them to
change their minds. With that intimation, and assum-
ing that the parties bad stated all they intended, he
would definitively say on Monday what was to be done
in the case.

POLICE INTELLIGENCE.
GUILDHALL:

On Saturday Mr. R. Fennell, a warehousman in Al-
dermanbury, attended before Mr. Alderman Wilson,
with a view of obtaining a summons against Mr. Beck-
worth, jun., a share-agent, to show cause why he un-
lawfully detained scrip for shares in the Suffolk Railway
Company.
This case has previously been before Mr. Alderman
Musgrove, who dismissed the case, on the ground that
the matter did not come under the jurisdiction of a
magistrate. It appeared that the complainant bought of
the defendant an allotment letter for thirty shares in the
above company, fifteen at a Os. premium, and the re-
mainder at 10i. The complainant paid up the deposits,
and forwarded the banker's receipts to the defendant, so
as to get the scrip, and, after several days' delay, ten of
them were sent to his office. The remainder, however,
were not forthcoming ; and, after three or four weeks
had transpired, the defendant promised to borrow ten
for him, which was done and duly forwarded. The others,
however, were still kept back. The defendant urged
that the reasoa why the scrip was not forwarded was,
that the contract deed was not in town, and the party who
had had the letter of allotment had been unable to
sign it.
Mr. FeNnell remarked that he had waited upon the
Company, and had been informed that the scrip was
issued shortly after he had sent the defendant the
banker's receipts.
Mr. Alderman WiLsost said that was a very impor-
tant fact, and, under such circumstances, he would
grant a summons.
80117-STREET.

On Saturday Charlotte Browne, a woman about thirty
years of age, with an infant in her arms, was charged
with stealing six satin handkerchiefs, value 2/. 58., from
the shop of Mr. E. Whitelock, of the Strand.
Mr. Ford, a shopman, stated that the prisoner came
to his master's shop, and, having selected several articles,
ordered them to be sent to 122, Long-acre, but it
turned out that she was not known there, and, on taking
stock, it was discovered that the property in question
had been stolen.

Several other shopkeepers were in attendance, who
stated they knew that the prisoner was in the habit
of frequenting their shops, and that they had repeatedly
missed property when she was gone.
Mr. Clarke, of 88, Strand, proved that the prisoner
had come to him on one or two occasions. The last time
she ordered property to the value 7L, to be sent to 31,
Ca-eat Queen-street, Lincoln's Inn-fields, but it turned
olLt that she did not live there, and after she was gone
11,1. missed some steel beads, &c.

The prisoner was remanded for a week, to give time
for further inquiry.
LAMBETH.

ati Saturday Mr. Inspector Carter, of the L division
of police, applied to Mr. Henry for a summons for the
atten dance of Mr. Quennell, the builder, in Kennington,
the ht.alf-brother, and late employer of the prisoner S.
Quern tell, as well as that of the unfortunate man Fitz-
gerald, on Monday next, to give evidence touching the
condtt3t of the alleged murderer at the time of his dis-
charge, the Saturday night previous to the murder, as
well as anything which was within his knowledge as to
the conduct of the parties towards each other up to the
death. of Fitzgerald.
Mr. HENRY at once granted the summons.
Inspector Carter (in reply to the Magistrate) said that
he had found out a lad from whom tne prisoner had pur-
chased au ounce of powder on Thursday, just an hour
and a quarter previous to the commission of the murder.
lie should also be prepared on Monday with other con-
firm story evidence of the prisoner's intentions respect-
ing the destruction of the unfortunate deceased. The
inspe ct or said he could also produce a boy named Jewell,
and a girl named Dwyer, who would speak to the identity
of the prisoner as the person who shot the deceased man
Fitzgerald.
Mr.. HENRY observed that those witnesses would be of
importance, as the evidence of the witness M'Carthy was
somewhat confused on this point, and desired the inspec-
tor to have them in attendance.

Cook, the gaoler, here remarked that immediately
after the prisoner's examination a most marked change
took place in his manner and appearance. In fact, he
appeared to have lost all his strength, and was obliged,
though a muscular and stiff-built young man, to be lite-
rally carried into the police-van on being removed to
Horsemonger-lane gaol.
After the examination, Mr. Henry having heard that
the family of the deceased was in great distress, re-
quested Inspector Rutt to visit them, which he did, and
on his representation Mr. Henry forwarded them a
sovereign from the poor- box.

THE MURDER AT KENNINGTON
THE INQUEST.

On Saturday, at half-past three o'clock, Mr. Carter,
one of the coroners for Surrey, and a respectable jury,
assembled at the Peacock Inn, High-street, Newington,
to inq'iire into the circumstances attendant on the
lamentable death of Daniel Fitzgerald. The witnesses
who were examined at the Lambeth police-office re-
peated their evidence, which has already appeared in
The Sun.

Mr. %V. Papham, surgeon. 01 3, Queen's Head-row,
Newington, deposed that on Thursday evening as he was
walking along High-street, Newington, he heard the
loud report of a gun or pistol. It appeared to be
louder than the ordinary report of a pistol, and im-
mediately after he saw a person run out from the end
of the street from where the i eport proceeded. He did
not take any particular notice of the man, but im-
mediately after another man, dressed in a flannel-jacket,
ran out, and said, " Stop him, he has shot a man."
He then came to the end of Peacock-street, from whence
the man ran out, and seeing a policeman enter the house
they were then in, he was induced to follow, and saw a
man lying on a table. There was a slight pulsation at
the time, but he died immediately after. He examined
the head, and not observing any injury, he opened his
chest and observed some blood. He also observed a
circular wound on bhe left side of the breast, apparently
caused by a gun-shot. He removed the dross of the de-
ceased, and was enabled to see that the bullet had passed
out behind. Mr. Smith and myself probed the wound,
but the probe not being sufficiently lung did not pass
through. The wound he had was such as would be
caused by the mark of a bullet. I was then
of opinion that his death must have been imme-
diate, from the nature of the wound. On making
a post •mo, tem examination, he found on the chest a
large quantity of serum and blood. The bullet entered
the chest by the pericardium, passed through the heart
and lower edge of the left lung, and ultimately made its
exit, after passing through the eleventh rib, through
the back on the left side. The wound is of such a nature
as to produce instant death. There were no injuries on
the body, and the wound he described was, therefore,
undoubtedly, the cause of death. From the nature and
position of the wound, I am of opinion that the person
receiving it must have been either standing or sitting when
he repeived it, and the ball must have been discharged at the
front of his person. The bullet produced was such a
one as would have inflicted a wound such as that he had
described.

Mr. CARTER here asked Mr. Inspector Carter whe-
ther, if the case was adjourned until Wednesday next,
he could produce any witness to show the animus ?
Mr. Carter said he could produce the brother or step-
brother of Quennell, and also another witness, who
had been examined before the magistrate, but who was
not present.
The CORONER thought it was but right the jury should
have the best evidence to be procured and accordingly
adjourned the inquiry till Wednesday next.

BRISTOL SUGAR-MARKET, Nov. 28.—About 150
hogsheads of West India have been disposed of since
our last report, at about former rates. The demand
continues very sluggish, and purchases are only made to
supply immediate wants. The rum market continues
very dull.
--- -

OPENING THE PORTS. -We learn from the
Sheffield Independent, that a requisition, calling upon the Mayor
to convene a public meeting of the inhabitants of Sheffield
to address her Majesty on the subject of immediately calling
Parliament together, with a view to immediately repealing
the corn-laws, is in the course of circulation in the town,
and that it has already received many signatures.