The Sun.
London, England, 1844-07-22 00:00:00

LA W- INTELLIGENCE,
COURT OF CHANCERY, July 20.
PICHIORD AND OTHERS r. THE GRAND JUNCTION

WAY COMPANY.

This wa, an appeal tiotn—iiiedecLii.n of the Vice-
Cha,h2dor, who had decided against the plaintiffs. The
question at issue was a matter of tolls, in wlikh the ap-
plicants felt themselves aggrieved by the de"ision of the
issues which had been tried in the case, and they now
caw. before his Lordship to obtain that redress in equity
to which they conceive themselves entitled.
Mr. Stewart and other gentlemen were heard for the
applicants, and their case occupied the attention of the
Court the entire day.
The Court rose at three o'clock.

VICE-CHANCELLOR'S COURT, July 20.
(Before Sir J. K. BRUCE.)
MALINS V. PRICE. _ _

The arguments in this case, which had occupied the
greater part of Thursday and Friday, were concluded
to-day, when his Honour gave judgment to the effect
that, the defendant undertaking not to cause damage
wrongfully to the plaintiff, the injunction prayed for
would not be granted, and then his Honour directed cer-
tain issues to be tried. They were to the effect, whether
sinci 1843 the defendants had worked their mines in an
unminerlike manner, or so as to damage the plaintiff, or
in a way that was necessary for rendering the mines
profi table.
The injunction which the motion sought was to restrain
the defendant from working by patch work to obtain
ironstone on an estate in Glamorganshire belonging to
Lord Dunraven.

(Before Sir J. VirioßAm.)
His HONOUR, after disposing of a case which bad been
so: down for judgment on further directions, proceeded to
boar short unopposed causes, which formed the list for
the day.

SHERIFFS' COURT, July 20.
PEGLER V. SOMERS.

This was an action brought by Mr. Samuel Pegler,
the landlord of the Ship, Phcenix-alley, Long-acre, to
recover of the defendant (William Somers), the son of a
tailor, living in Harleyford-road, Vauxhall, the sum of
5/. 18s. lid., for meat, drink, and lodging, supplied by
the defendant. To this the defendant pleaded, first,
nev.r indebted ; secondly, that he was an infant ; and,
thirdly, the Statute of Limitations.
CHARNOCIE appeared for the plaintiff, who ad-
mitted that the defendant was an " infant" when the debt
was contracted, but rejoined that the articles supplied
were necessaries ; and Mr. Thomas for the defendant.
The LEARNED COUNSEL having briefly stated the case,
called the following witnesses :
Mr. Wm. Felkns said he was brother-in-law to the
plaintiff, who, in the year 1838, kept the Durham Arms,
Vauxhall. About the latter end of July in that year,
the defendant became a frequenter of that house, stating
that he was a clerk in the London docks. On the 3d of
August, he took up his abode there, and had his meals
every day till the 29th, when he left suddenly. On one
occasion he said that, on the night previous, he had been
in the company of some military officers in the coffee-
room, and had treated them to three boottles of wine.
Whilst at the Durham Arms he smoked cigars, and
talked very largely. He appeared about 22 years of age,
and was a handsome fellow. The defendant, on one oc-
casion, invited him to the Docks to taste, but when he
got there no such person was known.—(A laugh.)
Cross-examined—Did not know that he was an appren-
tice to an ivory turner, nor that the whole amount con-
tained in the bill was lost at skittles. lie saw him play
once, but that was for a " leg of mutton and trimmings,"
The plaintiff was his partner, and they lost.
Miss Lucy Pegler, daughter of the plaintiff, remem-
bered the defendant coming to her father's house, as to
his sleeping there, and having his meals. He never
drank any spirits, but or.!ly negus and ale, with cigars.
month or two ago he can.ed upon her father, and
invite 1 him to dine with him in the neighbourhood of
Tottenham-court-road, but when he got hire the de-
fewlant could not be found.—(Laughter.)
Cross-examined--The defendant's father lived near
the Durham Arms, and she knew him by sight, but did
Rot know that the defendant was an apprentice. He
sail he was a clerk in the docks, and he dressed as dock-
clerks usually do.—(Laughter.)
Mr. C. L-3,..1Tcy, clerk to plaintiff's attorney, said that
he called upon -the defendant, accompanied by the plain-
tiff, in April last to „:.,k him for the amount. The
pharatiff said, "you know it Las been- owing near five
years," to which the defendant rejoined—" you know it
is above six years, and above 51., so you _may-get the
money the best way you can." Witness thenerved
him with a copy of the writ.
The Learned COMMISSIONER, in summing up, said the
principal question for the consideration of the jury was,
what wa:a necessary for an apprentice to an ivory tur-
ner. lie Jid not think three bottles of wine necessary,
and with reg2rd to cigars, never having smoked any, he
could not say v,-.hether they were necessary or not for a
person's existence. If they believed any part of the bill
were necessary they wnuld say to what amount, and he
thought there could be no doubt about the things having
been supplied within the six years.
The jury, after consulting for a short time, returned
a verdict fur 4L I Id. for the plaintiff, striking out
of the bill the ciors, three bottles of wine, and the
aof mutton and trimmings," as unnecessary.

SUMMER ASSIZES.
NORFOLK CIRCUIT.—Cambridge, July 18.
The Learned Judges arrived in Cambridge this evening,
and, attended by the High Sheriff, proceeded to Trinity
C :lege Lodge where, time out of mind, the Judges have
had their she (and where the Master himself is but their
guest) durinj the time they hold their courts in Cambridge
b.j• virtue of the Queen's commission. The lodge has under-
pone very extensive alterations and improvements both
within and without, during the last two years, at the sole ex-
pe ,se, it is said, of 'Kr. Hope, who is a member of the Col-
i. ; and it is now a residence worthy to receive her Majesty,
‘ar tier representatives, the Judges.
The cause list is meagre, there being six causes only en-
teral for trial ; one of them is an action for alleged crim. con.,
bniught by Sambo Sutton, the weal-known black pugilist,
-..-4gAinst a builder and brickmaker living in the town.
The calendar of prisoners presents rather a formidable ap-
pearance, there being 35 prisoners for trial, of whom eight
are charged with arson, six with burglary, and five with
highway robbery. There is also a case for trial in which a
surgeon is accused of manslaughter; it is not mentioned in
the calendar.
It is the custom in this county to enumerate in the eaten-
diar the property found on the prisoners on their apprehen-
sion, "or seized as belonging or believed to belong to them."
lu the present calendar the entire money found on or be-
lieved to belong to the 35 prisoners amounts to the sum of
17s. 10d., in which are included two sums of 7s. 10d. and
3s. 9d, which appear to be portions of the property the par-
ties are accused of having stolen, which being deducted,
leaves the sum of 244. for each of thel prisoners.

NORTHERN CIRCUIT.—York, July IS.
(Before Mr. Justice CRESWELL.)
THE BRADFORD MURDER.—John 0' Bryan,Thomas Ragan,
Daniel Powir, Wm. Quinn, and Daniel Donoran, were in-
dicted, with a person named 1114 Cami, who was not in ens-
14.dy, for the wilful murder of Benjamin Gott, at Bradford.
Mr.euss stated to the jury that on Whit-Monday there
had been 1,..n Orange Lodge procession in Bradford, which was
.accompanied by a band, who were attacked by a mob, among
ivhoin Were the prisoners, when Benjamin Gott, one of its
members, was kills j•
'Menus Thornton— Is one of the Idle and Calrerly band.
Benjamin Gott was one. On Whit-Monday he went to play
for an Orange Lodge at Bra,:.
cord. We met at Bradford-
moor, and played by ourelves tfi.' we got to Steetin-lane,
,one mire and a half from Bradford. lodge met us there.
"We then went through Bradford to Hon...'n and Thornton ;
&woke up at Thornton and returned to Bram.'rd. We did
not play at Thornton till we came to Bradford; we then
played down Westgate, and near the Royal Oak a ....nal'
made a bit of confusion, and stopped the drum. Plenty
more were near. The tune was " The Huddersfield
.quick step." We had played the " Boyne Water"
;in Bradford at noon, when we first went through.
INobody stopped but me and the drum. I played the keyed
I and the drummer afterwards went forward. IVe
played another tune, called the " Trumpet quick step." We
vent on to the Church-bridge, and there we gave up playing.
We then went by Church-bank, up Backer-end to Undercliff,
just out of Bradford. This was our straight road home. A
party followed us up from behind. He who had attacked
the drummer was first ; he had a yellow walking-stick. He
struck Charles Naylor, the Bradford old band drummer. He
-% as again with us without his drum. He struck Naylor
very hard three or four times. I made my escape ; and
ilooking behind, I saw Jonathan Thorps, the Undercliff con-
saable. He said, " Let us find them out." Before I got
a,7055 the road I was knocked down first with fists, and then
ri,gi sticks. I was felled seven times within a yard or two
of !P:gamin Gott. There were a good many at him on the
ground. I saw them strike him several times with shillelah3.
I heard him cry out the first blow I saw him get. He was
en the ground. I saw a man with a stone in his hand ; he
plashed it down. I could not see if it hit him, so many were
round. I made my escape. I was leaning over a garden
wail, about fifty yards off, bleeding, and some came past me
with Gott. I saw him afterwards dead.
Cross-examined by. Mr. HEATon—There was another band
,Aith us. Several lodges and two bands went together. One
and Jed the precession, the other went behind. We played
lie " eoyne Water" only once. Old tunes are often pub-
lished witi: new names. Our band was thirteen, the other
•venteen iv number. The procession might be 200. It
as a holiday in Bradford. I saw no excitement. I have
,ayed many a time through Bradford. I saw no difference
len to other days. The streets were crowded.
Cross-examined by Mr. Wriainis—Only one of the band
was an Orangeman. The music played was given by the
)range Lodge to the band to play. There were three or four
orange flags. I heard no groaning and hooting at the people
by the procession. After the stone was thrown at the
irieura it was kicked. It was knocked nearly all to pieces.
xi great many persons struck Gott. I could not tell any of
.them but M'Cann. He struck with the yellow walking-
st,',eir thick and heavy. We also played "-Hants of Oak,"
and "Lion quick step." Neither of them is "Crop Pies
lie down'?
Y Mr. BLISS—The band were in uniform,
Re-extuVlZled b
different uniforms. The other band was from
but each baild
Wilderdon. I Dilly judge the man with the yellow stick to
be M`Cann by the description pf him. The man who lifted
the stone was not MCann.
Several other witnesses were examined, which closed the
case for the prosecution.
Mr. Heaton addressed the jury for. O'Bryart az‘d Ragan;
Mr. Wilkins for the other prisoners.
Mr. HF,ATON called witnesses to prove an alibi.
Mr. Buss replied, and the Court adjourned the further
hearing of the case.

KING'S COUNTY ASSlZES.—Tullamore, July 17.
MURDER OF LORD NORBURY. The Commiision was
opened here to-day by Mr. Justice Crampton. The calender
is by no means heavy, but there are two cases of a very im
• portaht character to be tried—the first is that for the murder
:of Lord Norbury, which our readers will recollect took place
',upwards of five years ago. The Solicitor-General is here on
the part of the Crown,- and every preparation has,beeu,made
SZNICka
• g wth the trial, which will take place to-mot,
A AVW
re two persons accused, one named Gill, and the
--...,-,n, helatter as the principal, and the former as ac-
---ilirrY Obliefor e fact; both were in -the employment of his
A ;..:L'Adordship at tlx time the murdexwasperpetrated: in:, Sander-
};Auvithe.stew who was with Lord Norbury when the fatal
•:;,,: was fired, as arrived here from Scotland, and is to be
--. ill =mined as a witness: Several members of the Norbury
- -loudly have arrived here froin England for the purpose of
bpipii, fiso examined as witnesses if necessary. The bills