The Sun.
London, England, 1844-11-27 00:00:00

EMBER 27 1344.

'S NEWS_
EX4QiMR.—(THIS DAY.)
(sietings ifmn.PAisAatWestminster, before the LORD
IITET:BARON.)
TUE ATTORNZGENERAL V. TOPLIS.
This was an information filed by the Attorney-
General against the defendant, for harbouring and con-
cealing, and having in his possession a quantity of
tobacco, which had not paid the duty.
The olicitor-General, Mr. Jervis, and Mr. Wilde,
conducted the case for the Crown ; Mr. Hwnfrey and
Mr. Barstow were counsel for the defendant.
The SOLICITOR-GENERAL said, the circumstances of
this ease were very short. The defendant carried on
the business of a tobacco manufacturer in Bermondsey-
street, Surrey. About three o'clock on the morning of
Dec. 3, 1843, an officer of the Customs, named Jordan, in
consequence of information he had received, proceeded to
watch the premises of the defendant. He planted him-
self uneer one of the arches of the Greenwich Railway,
and had not been standing there long before be observed
i man coming from a court or alley adjacent, with a
brown paper parcel on his shoulder, which he took to
the defendinit's house. The door having been opened, he
went in, left the parcel, and returned. A boy followed
soon after, carrying a small parcel, which he disposed of
in the same way. The man who was seen first returned
with a third parcel, which, like the former, was left at
the house of the defendant. The officer then proceeded
in search of a policeman, and not being able to find one,
he called up another officer in the Customs to assist him.
The man and the boy escaped, but Jordan succeeded
in seizing a parcel, which was found to contain a
quantity of pressed tobacco. On entering the premises
he found the defendant partly dressed, standing on the
stairs ; and, on seeing him, he ran out of sight. To-
bacco was seized on the premises to the amount of
1,906 lbs., which was appraised at 3471. 14s. An in-
formation was then laid for the purpose of condemning
the tobacco, and on the trial a verdict was given
for the Crown, and judgment entered on that ver-
dict. This judgment was conclusive evidence that
the tobacco was liable to seizure. The only
question which the jury had to decide on that
occasion was, whether the defendant harboured and con-
cealed the tobacco, knowing that it had not paid the duty.
Witnesses were then called and examined on behalf of
the Crown, after which,

Mr. IlviuntEr, for defendant, said he would not call
into question the evidence just adduced, but he thought
he might fairly call upon the jury to deduct 600 lbs., on
which duty had been paid.
The SOLICITOR-GENERAL replied, saying he could not
conceive how the jury could yield to the request of his
Learned Friend, after the evidence had been so strongly
unfavourable to the point on which he rested.
His LORDSHIP having summed up the evidence briefly,
The jury found a verdict for the Crown, with damages
in the single value of 3471. 17s.—Verdict entered accord-
ingly.

COMMON PLEAS.—(THIS DAY.)
(Sittings at Nisi Prius.)
WEBB V. BEVAN AND OTHERS.
The plaintiff is a livery-stable keeper in Gray's Inn-
lane, and brings this action of trespass under the follow-
ing somewhat singular circumstances :—The defendant,
Mr. Bevan, a barrister, had placed a horse at livery in
the stables of Mrs. Savage, in Fetter-lane, for the pur-
pose of being taken by some trusty person in her service
to be sold at-Tattersall's. This commission was in the
first instance entrusted to one of Mrs. Savage's ostlers,
named Charles Stocking ; but from something that
transpired respecting that person, his mistress strictly
forbad him to take the horse away. However, he did
so ; but instead of taking him to Tattersall's he sold it
f)r 10/. to Mr. Webb, the plaintiff, to whose possession
it was traced. The defendant Mr. Bevan, accompanied
by the other defendants, of whom three were police-
constables, proceeded to Mr. Webb's stables, and recog-
nising his horse, demanded it to be restored to him. The
plaintiff refused, insisting that he had fairly purchased it
from a person authorised by the defendant. He then
locked the stable-door, which the defendants broke open,
and took the horse away.
Mr. WILKINS (with whom was Mr. Lush), for the
plaintiff, contended upon these facts that the first autho-
r►tyy to Stocking to take the horse to Tattersall's was
sufficient to make good the purchase by the plaintiff.
Mr. Sergeant Talfourd, for the defendant Mr. Bevan,
Mr. Sergeant Channell, for another defendant, and Mr.
Sergeant Byles, for the constables (who suffered judg-
ment to go by default), addressed the jury at some
length, complaining that all who were present with Mr.
Bevan were made defendants, and he was deprived of
their testimony, and contending that upon his own case
the plaintiff was entitled to no damages, or at most to a
very small amount.
The evidence for the defence went to prove the owner-
ship in Mr. Bevan, and the unlawful removal of the horse
(or stealing) by Stocking.
(The case had not concluded when we went to press.)

APPEAL COURT, DOCTORS' COM

MONS.—(THIS DAY.)
The Court sat to-day for the purpose of hearing ap•
p9als,_ of which but a comparatively small number were
on the list.

The only case of the slightest general interest which
was heard was an application for a monition to issue
against John Doricourt Taylor, whose case has already
appeared in this paper, for having failed to comply with
certain orders of the Court.
The case had been heard some time ago, when the
Court adjudged that Mr. Taylor should pay a stated
sum into Court within fifteen days from the 13th of this
month. This term having expired to-day, the process of
Court was now sought. In support of the application,
affidavits were put into Court and read, which stated that
Mr. Taylor bad left England, and was out of her Ma-
jesty's dominions, and that any further delay in the is-
suing of the monition would be attended with a frustra-
tion of the order and intention of the Court.
The COURT held that it would be rather precipitate to
issue such a process on the very day when the-order of
the Judge was only to expire, and consequently deferred
issuing the monition until the next day appointed for the
sitting of the Court.

UNION-HALL.—(THIS DAY.)
George Seymour, a fine tall young fellow, was charged
on his own confession, with being a deserter from the
49th Regiment of Foot. 7 gairti
A policeman stated that the prisoner walked into the
station-house the preceding night, and saying he was a
deserter from the above regiment, added that he came
there to give himself into custody.
Mr. Col-Tin:main asked him why,he deserted; and his
reply was that when with the regiment he got drunk and
remained from barracks so long that he did not like
to go back, and came up to London. He added that
he was now most anxious to join his regiment.
Mr. COTTINGLIAM said the prisoner had committed a
serious offence against the articles of war, and asked him
if it was likely he would get punished ? The prisoner said
that he was certain he would not be flogged, that he
would get a few days sharp drilling, and a little soli-
tary confinement in the black hole.
Mr. CorrINGHAm said that his present condition was
attributable to liquor, and advised him:in future to ab-
stain from it. The Magistrate added that it was his
duty to commit him to gaol until the authorities at
the War-office were apprised of his being in custody.
The:deserter was then sent to prison.