The Sun.
London, England, 1845-02-10 00:00:00

DVDONNELL V. TYLER.

This was an action to recover damages for an assault.
The offence was alleged to have been committed in
August last, on the premises of Mr. Abraham Tyler,
builder, in King's-road—the defendant being his
son. The evidence went to sh.,w that the
plaintiff, a week after quitting the employment of
Mr. Tyler, called at the counting-house, and demanded a
shilling, which he said was owing to him. The defen-
dant refused the demand, on the ground that nothing
was due ; and, on his desiring the plaintiff to go away,
the latter said " he'd be d—d if he would, and that
it would take a better man than the defendant to put him
out." On this the defendant pushed him out of the office
in such a manner that he fell on the ground, and received
bodily injury. This it was which constituted the alleged
assault.

The defence rested on the statement that the plaintiff
was intoxicated at the time, and that his language and
behaviour were such as to justify the conduct pursued
towardshim.

Verdict for the plaintiff—Damages, one farthing.
On the trial of the above case the LORD CHIEF BARON,
in addressing the jury, made the following remarks:—
"I cannot help expressing my regret at the existence of
the law in its present form, and happy should I be to see
the day when juries shall have an Ppnortunity of ar-
riving at a conclusion on the evidence solely. As
the law is now administered, there can be no
doubt that the plaintiff has a considerable advantage.
Those of you who have been here on former occasions
must be aware that he is the first heard and the last
heard. I make these remarks because I think it is to be
regretted that juries are left in the dark on certain mat-
ters, for fear of a reply. It would be very much better
it the whole truth were brought out on alt occasions, so
that we might judge of the entire case, instead of hear-
ing a part of it and guessing the remainder."

SHERIFFS' COURT, Feb.B.
(Sittiogs at Guildhall.)
THE LAST ST. LEGER.-NEWHALL r. WARD.

In this c ase the plaintiff. Thomas Newhall, sought to
recover the sum of 20/. from the defendant, James Ward,
being the balance of a bet on Foig-a-•ballagh, the winner
of the last St. Leger.
Mr Huddlestone appeared for the plaintiff, and Mr.
Russell Gurney for the detendant.
Mr. HUDDLESTONE stated that the debt arose out of
the following circumstances :—There was a p nom of
the name ..f Beate who owed the plaint IT 20/. The d -
fendant being ind bled to Beate in ;he ;ike sue, the
latter tedi. ioual entered into an at raegenent ith the
plaintiff; by which he itere, d that the debt • f iVard doe
to Beate should be tr,nsferr,d to h in. the t lain fF:
Now, the only km-wledge that the Vaintiff had of
money o.ting by the defendant to Beat.e neieg ,he effect
of a bet, was in cons; pence of some words in the old t
drawn by Beate on the defendant to pay the 201. to the
plaintiff; and which was to the effect to request him " to
pay the balance of 20/. on the Leger." The question the
jury woulli have to decide was as to the 1 gality of the
debt; and whether the plaintiff had any knowledge that
the debt arose out of any gambling transaction: and, if
he were aware of that circumstance, whetter, at the
same time, he was cognisant that the bet was to that
amount as to render it illegal. It was true that the law
had rendered all bets above la it egal, But the amount
owing by the defendant might be the amount of a num-
ber of small debts under 101. Thus there might have
been a variety of bets.). 7 to 3, or of 5 to 2, the whol of
-
which would amount to 201., and they were, therefore.
not illegal. The jury must be satisfied before they re
turned a verdict for the defendant that the plaintiff had
unequivocal notice that the money owing was the effect
of a bet which rendered the debt illegal. If that fact
was not proved, then his client was entitled to a verdict.
Mr. Beate and another witness were then examined
for the plaintiff, and some letters were put in.
Mr. GURNEY, for the defendant, saidL-It would be for
the jury to form their opinion upon the evidence pro.
duced, and he thought that the impression in their mini
must be that the plaintiff was aware of the debt being a
betting transaction.

The jury, after half an hour's consultation, returned a
verdict for the plaintiff, 201.

INSOLVENT DEBTORS' COURT, Feb. 8.
THE HIPPODROME RACE COURSE.
Mr. Commissioner POLLOCK held a court on Friday,
at Reading, when Jacob Connop, the lessee of the Hip-
podrome Race-ground, appeared for hearing.
Mr. Woodruffe opposed on the part of Mr. Reuben
Laurence, a builder, and Mr. Cooke supported the ap-
plication.
The opposition was direc!ed to the inc,,rrect state-
ments made in the schedule, and after an examination of
some length, Mr. Commissioner POLLOCK held that a
very different document must be presented before the
case could be heard.

The case was ordered to be adjourned to the next
circuit.

A question then arose whether the insolve& could not
be liberated on bail. The judgment debts were between
3,0001. ane. 4,0001, and according to the usual practice
of the Court the double amount would be require-I.
Mr. CooKE asked whether the Court would not accept
bail for 1,000 ?

Mr. WOODRUFFE resisted the application.
Mr. Commissioner PoLLocx thiaiglit that bail could 1 e
accepted ft,r 3,000 L, and 11 ta.„,oucir:4l the ca- e !Air, I.leXt
circuit.

Some intimation was given that the insolvent would
be removed to a London prison, and his case heard in
tcwn.

CENTRAL CRIMINAL COURT,
OLD CI )URT.
(Before Baron PARKE and Justice WILLIAMS.)

Tna LEICESTERSHIRE BANK ROBIIERY.—Upon the application of
Mr. BALL/mina and Mr. CLARKSON, the trial of Richard Elliott
an omnibus driver, and Richard Vincent, a cigar-dealer, was post-
poned until the next session.
Mr. Justice WILLIAMS said that Elliott must remain in gaol
until next session, and Vincent must renew the bail he had entered
into before the magistrate.—The case was ordered to stand over.

POLICE INTELLIGEN( E.
(SA ruizi)A Y.)
BOIV-STRAET.

A tall young man, who gave the name of Edward
Smith, but who refused to give his address, was placed
at the bar before Mr. Twyford, charged with having
stolen a nimbi-r of books from the library of the Uni-
versity College. in Gi wer,street.
Mr. James Goiicly, the house steward, stated that on
Monday and Wednesday last there were missed from the
general library of the College the three bitiks produced,
of which circumstance he gyve information to the police.
and from some circumstances that had subsequently
transpired, there was reason to su'pect that the prisoner
had stolen them. W•tness did not know the prisoner,
but recollected seeing him in the library on Thurvay
last, when " Wilson's French and English Dictionary,"
and "Grant's Outlines of Comp.ir the Anatomy," were
stolen. All the pupils had access to the library, and
when a book was required by any one of them, the prac
tice was to write thr, title on a slip of paper, and then to
present it to the librarian, by whom he was furnished
with the volume he required. All the cases containing
the books were kept locked.
Mr. W. J. Chapman, the librarian, stated that, having
seen the prisoner in the library, his impression wa, he
was one of the students of the college, but since his
apprehension he had discovered such was not the case.
He missed the works above named when he was locking
up the book cases,' from the table of the library, on
Monday, but was not certain whether he saw the pri-
soner there on that day. On Wednesday, on which day
he recollected the prisoner conversing with him in a very
familiar manner, he also missed a book from the library
table.

In answer to questions from the prisoner, the witness
said that strangers could easily gain admis .ion to the
library of the college, and had opportunities of taking
away books unnoticed by any of the officers of the
institution.

Mr. Nock, a bookseller in Tottenham•court-road,
stated that be had seen the prisoner on several occasions;
that he bought the dictionary of him on Monday last for
10s., believing it to be his own, and, though a portion
of the fly-leaf was torn off, he thought that the prisoner
had perhaps written his name there and torn it off before
he offered it for sale, as was the usual practice with stu-
dents when they offered books for sale. On the last
occasion he had a suspicion of the prisoner's honesty,
and gave information to the police, by whom he was taken
into custody. _ _

The Inipector stated he thought it his duty to inform
the Court that the last witness had afforded every assist-
ance to the police to enable them to make the necessary
inquiries.
The prisoner, who declined saying anything in his de-
fence, was re,nanded fur a we, k.
LAMBETIL
Henry Smith and Henry Foulks, omnibus drivers, were
charged with wanton and furious driving on the night of
Sunday, the 261 h of last month

Mr.-HENRY. after hearing a number of witnesses pro
and con, convict, d Foulks in the penalty of 40s. and costs,
and Smith in a similar amount. He also expressed his
determination to repr.ss and put down the shameful
irregularities at present and for some time practised in
this pin of the Metropolis, by which the public are put
to very consider Ale inconvenience.
HA SMITH.
_

Cha,les Mot a polire•co. st,t•l•• of the T divi-
sion, was brought. up tau• final ex;anination bet re
Mr. G. Clive, on a charge of having stolen three bushels
of oats, the property u Mr. 2. ray, the P:lce Rec: iver
General, and William .luckson. a r,,sp- eudde florist and
gardener, in Earle-str et, liensitigts.n, was elt.rged with
Riceiving the same, kno,ing them t }lnv, been stolen.

Mr. Chartnick, the harriy.ler. with Mr. Jeaning, soli-
citor, of Notting-hill, attend( d for the prisoner Jackson.
John Ho:zun deiniz.,ed thut he was a sergeant of the
metr-p Titan T 25 ( hi Tuesday morning laAt
he wAched at the station-house, in Gore-I +t e, Kposing--
ton-gore, and ahont six o'clock saw the pris tier Jackson
drive into the front ya.A.I with his cart to fcteh dung.
The prisoner nut came out o!-* the hnutsv wAli a sack
up::n his shoulder, and Jackson helped him to put it
into the cart. Mott brought the sale out of the forat e-
room. They then pia three harrows or four fu 1 of
due upon the sack, which contakeel three bushels (.f
corn, and then went away together to the Band :Jul
Fl-wers public-house, at the corner of Gore lan,; and
after remaining there üb,ut ten minutes came out again.
Witness then went up to them, and ordered the prisoner
Mott to the station-house. While speaking to Mott,
the prisoner Jacks al jumped into the cart. and drove off
at a trot, and witness had to follow hint 150 rt.& bernre
he stopped. Witness then said to Jackson, ”Ycu have
somethinn. besides dung in your cart—you've got some
corn." Jackson appeared surnrised, and said—" What
—corn," when witness told him he must go to the
station-house. The prisoner Mott said they were some

oats which he had given Jackson in exchange for bran.
The sack was marked " Grainger." At the station-
house Jackson begged witness and Sergeant Eastland
not to press the charge against htm, or it mould by the
ruin of him.
Mr. Charnock, in answer to the charge, said he
fa cad
not nothing to deny, but only to state the simple
which were, that the doctor attending the horse havit g
ordered that it should have bran mash, the pri-oner
Mott, had applied to the prisoner Jackson tor him tO
bring him some bran from the miller from whom he
(Jackson) had his, and, in return, Mott had giver' his
client the oats in exchange.
Several gentlemen who had known Jackson for twenty
years and upwards then came forward, but
3/?. CLrvE said he should feel it his duty to send the
case before a jury.
Mr. Charnoek then-applied for the prisoners to b.i?
admitted to bail, to .hich Mr. Clive assented, and bail
was Then entered into for Mott, him-elf in 501., and
tW
sureties in 251. each; and Jackson, himself in 100/., and
two sureties in 501. each, to appear at the next sersion,
of the Central Criminal Court.

DUTCH AND HAMBURGH
Sr. PETERSBURGH, J. 21.—Yesterday his Meies`..
the Emperor had a grand review of the whole garriso.n,
and of the troops in cantonments in the neighbourhood
His linperial Majesty has confided to Lieut,-Gene.l%
Ludinsky the civil teinainistration of the Caucasis
provinces.
Notwithstanding the vigilance of the Custom.hoilse_
officers, a great deal of smuggling is carried on betweeen,
Finland and Russia, partieulurly in colonial p roduccia'v
because the duties are so low in Sweden, and e3Peg,
by m ans of the steam-boats. It is probable ttiatt,c
Government may be induced, by these continual frau
to abolish the very great commercial privilege Fa
Finland, and to subject it to the regulations existing I
Russia. has been
HANOVER, JAN. 31.—His Majesty the King the
pleased to give a private audience to his Excellency rid
Count Von Siekendorff, Ambassador Extraordinary a
of
Minister Plenipotentiary of his Majesty the•
Prussia at this Court, who has returned from a n'n:uf%
HANOVER. FEB. I.—The Crown Prince has beenhe
.b
fering fur some time from a disorder in his eyes, vi If(er
assumes an inflammai;ery character, hut is ROY So bie
happily recovered that his Royal Highness has b'enom °the
to ride out in his carriage. The Prince, to wh
greatest c ire is said obe recommended, is visited ever
.r/
day by his R" al Father.
BREMEN, JAN. 3L—We learn that Hollard
c inc.ssions to th. Zollverein, whi. h will exceed those;
It us:: Is, effi.ring to place th . iv; of tie. Zoliverliieh
n equility with 'h.is.• under D •teb colour, t ca-
ll. lien w ei the coniigtinient to to
des of tit, proiletei .e., of tier Many. Ship: beionCiftea
i h.. Z live- :in an.. to pay a du, v pro lo init. in the
milene e which is to he red in Hlland. nr the
THE HAGUE, FEB. 6. The Second Chamber - re,
States General neti to-day, at half-last two o'elnk' tole
some its laLours after the adjournment. After
.00. es,
preliminary btisiness, it received six Royal Ines;i,la
will roll
accompanying so tnisey erojeets l,w, with the:ire:4,
tottery memorials:-Ist. On ,he iax on oxen.• serest.
and sheep, for the benefit of the agriculturel
in V
2. On the draaing up of deeds relative to civil
al of
aciiiins in foreign countries. 3. On the colleeti'
(vial
tax. s. 4. For regulating and compf, deg the 'Pea
funds intended to carry into effect the law en lt the
rency. 5. Relative to the militia, and seniee
army. 6. On expropriation for the public. benefit. opal,
All th..-se documents having been already Prete old,
were iir 'erel to he distributed among the Membe- were
tete ther with the budge, for 1846 and 1847, %,l'ich to
di‘tributed in the sitting of 2Sth Dee., 1844, reterr-
the sections. niri4is
The projects of and the explsna'orY r-d the
fill above 116 column of the official
.li:tired an
sit tiphanioits, and are n..t yet coneluil, f
THE HAGUE, FEB 7.—The Staid 4 Couratt
.° oce,
0r0,,t, of
day publishes the loug.expereed royal
app ereing his Excelleney J J. lt.a.hasson to thel3LilieS
Governor-G:11e, f the Ouch possessieris and,c,t he
in the East Indies, ordering at the same time that
exercise his functions as Minister PleniPotentitihis
Brussels till that post shall otherwise be filled up'
resolution is dated the sth inst. prOpte
AMSTERDAM, FEB. B.—The lictedelsb/ed has,% stat!
letter from Batavia, of the 25th 844, "b lotion
that dreadful ravages have been Oct.,"sed by inuit",--1 too.
the north of China, and in the environs 'lO.O
Thousands and thousands of the inhabitants The
perished, and the damage done is inca eJ
r 59
cuhi
Mandarins do their utmost to conceal the pa the
fearing that if they came to the knowlerige
peror, they might be made responsible for the givir_oes
of the dikes. What we hear from private Pe[l, 01)0
dreadful. Yet all these are trifling compared "Ihese
has occurred on th.• shore of the Yellow Sea' „hider':
provinces are partly inundated, and the VP- 100"
amounting to sixteen or seventeen millions, 101 tlolies,
all they possessed. The survivors, with their liptice
are dispersed over China as beggars. The big
of rice is an additional cause of distress.

SPORTING INTELLIGEMO'

EPSOM RACES, 1845. Gir
Nominations for the Surrey Cup. „r s,-,
Phlegon, 5 yrs—Akbar, 4 yrs—Wee Pct, Soy'l rs--
Francis, 3 yrs—f by Laurel, out of Christina' vrss
Co-roct C:•rt1; 3 yrs—Vol •au vent, 4 yrs—PiakcltY'l'A:
4 yr,4-1- by Short Anchnr, our or L'uit,'Ay
3 yrs—nowt-I.n, 4 rs—l.o;hario, yrs—a by
(Deka], out of Miss Whip, 3 yrs—Minotaur, 6 yrrr
Moustache, 4 yrs—Croton 4 yrs—Scalteent fathe
Semiseria, 5 yrs—Connaught Ranger, 3 Yrss yrs.
Mathew, 4 yrs—Cataract, 5 yrs—Agriculture,
CHESTER, 1845.
Tar 1
s DAY.
MatA, 200, h ft, Cup CoFRI
ur,e—Mr. Williaro,l Tar,
to • on!, 6 yrs, 9st. 11.-st Mr. Langshaw's I3ritiii'
yr-, Bst-6 to 4 on extempore.
TT~NG.

- COU,eO
COCKNEY UNION AND BRISTOL MEF.TING, , 05 %.(4
AND 6.—The Netheravon Open Cup (8 (145404,0er
1.3‘ Mr. Miller's" My Lord : the Conso•ation ' the Dc-be
(I s) w, re v, on by Mr. Palmer's Peed ,ra action ;to
leigh Stakes (8 dogs) by Mr. Pike's Perfv, jefilid
Elliot d Stakes by Mr. Miller's Brenda ; t"kernesll.4lle;
Stakes (8 (log.) be Mr. Fowle's Fly ; the T.l-145'
Stakes by Mr. Miller's Br, nda, and the '-'°
Stakes, by Mr. Miler's Brenda. , OW
min,- roeA*os:
11AWARDEN MEETING, FEB. 6.--The L..". flif..-1,(4)
(8 dogs) was won by Mr. Ashton's . Larry ; r'ci; clop
wGrth's Adrian ran up. The Queensferry Stillffi oce'rete
were won b-- Mr. Edwa, d's Myrtle • Mr. L'i .:,.0 e
Mayfly ran up. ihe Flinr-hire Stakes (8 "°' ~
5. A
won by Mr. Welsh's Wild Rose. FEB: ••3;'d
SANDBACII (CHESHIRE) OPEN MEETING' ,„ disc el,
The Pottery Stakes of 18 sous. (8 dogs) W'3ste'''/o'
by Mr. Edlletton's Scythian and Mr. BrindleY ;leg 401
The aydesdale Club third Gereral Ale'. o Pottle
menced on the 4th and sth, and would have 1)6'00 ef
to,
on the 6th. The frost, however
o , caused a div!l been r
prizes after the first cu,ses for each stake to' 9'
HUNTING APPOINVINETS'hriage ,gto
Haydon hds., Wed., Patipool ; Sat., t'ul)(° ',10,0'
Mr. Vinnicombe's harm., Thurs., Ashley Tej-1
- i' 9i. ti'
Whitby harrs , Thurs., Hinderwell.-10i• we
Mr. Theohald's stag-hds., Tues., Detteing- si+cst
Carlton-11 Fri.,
Sir J. Cop, 's hds., Wed., Silchester Dials ; she('
Green-10. Fri., GreAt
Craven hds., Wed., Tiedwin Briekkiln; e°
, ore
ford ; Sat., Donning-ton Castle-10i
Surrey stag-hds., 'rues., Kennel ; Sat., -
. BO° 11
~ i gttrWe'
(Dorking).
Hambledon hds., Wed., Basing Park ; -1.-" 5 ;
Hall-10f. Priori'
N. F. H.. Tues., Denny Lodge ; Thurs., the Old
Sat., Holbury Farm. ~.Thilton
FL H., Tues., Bramdean Common ; Thurs.,i.a. Fn',
House ; Sat., Five Lanes ; Holybourne"; °use ;
Colonel Wyndhaw's hds Stoke i
~ 01#
~ Wed.,
Bury Hill. . 5g,v.?
Witnesham harrs., Thurs., Stonhain Botta°' jeltl
denham-14. A Darg'
South Berks hds., T Ald -h ; We'.."
Tues., vvort Oeee°
Green ; Fri., The•de-10.2. sat.,
Cheltenham stag hds., Wed., Beckford Inn ;
Turnpike-11i
I---------------'
- Thier;,..loll;
LENGTH OF IRON ROAD IN AMEBICicsO - yow
nine thousand three hundred seventy-eig' Neu)
miles of railroads in the United States'--
Herald.
hts.
tbePie
EII ft T I:1 S e
On the 7th inst., in Belgrave-square, her Grace .ilef•
oftb°
of Montrose, of a son and heir. ~.civ 4).
_.,.
On the 3d inst. at the Rectory Horse, the l'cwiti s'',., fZe‘
Edward Bowlby,'Rector of Thurrock, Esox, oS of Ow
On the 4th inst., at Bognor, Sussex, the 13 57 (Isl."'
Edward Woodhouse, of a daughter. frs„ W. 13° do
On the sth inst., at South Hackney, N.-- ~ rf--
()f a son. Airs Georg-
On the 6th inst., at Dagenham, Essex, . pees
Grove
queray, of a daughter . w of fr,
Ca the 6th inst., Mrs. William
Camberwell, of a daughter. the i.th• of the
On the 7th ihst.,_ at Chapel-plat Q, e 's,i'ighter'
C. Lixon, A. of Brightwell, Berks, 01 a -
1 the
li,
,A. H. .ti i .1'; // . caniberiVoetitige-
On the 6th inst., at St. Giles's Chureepi,ebecee, :t f
Rev. William Edwards, Brighton, to "
Skov) )seq.
, ye,,t'
daughter of the late Edward Cormsck, En.e(li , gr. IL ,1-1,-. 'tt
On the 4th inst., at St. Giles's CtipPle4,leithter 01 '
Fore street, to Mrs Mary Ann Willson, ""
Edwards. Basinphall-street. ~clt'
his raw gd3ric ,' "10
On Saturday, the Bth inisit..b; at esidenee, l'sesdisatg-e.:1(1
street, C,vent•ard?n, Mr. Franklin, Itt Adyertisetred oi
88, many years editor of the " 3iornMeri tonne
ii,
known and mach respected by the geet`e klasof
; hard '"- eet
the newsp.zper world. Mr. Ite 1,100
On the 6th inst., at Brompton, .
in the e6"' eil
lov
aged t;5, upwards of 40 years clerk .
the be
the late Mr. Cedell, i f the strand. go*,
ire
011 the 4th inst., at. Ewharst. SasseX,
wife of Thomas Dews, Esq.. aged 712. _- janet thg w
to'ts'
Ott the th inst., at Park-road, Hoilowaj , 1
...01,
Mr. Samuel Parlour.
On the 7th inst., at Chipping ed.
Esq., aged 81. 'Mrs-
Gmelbre.q. D
ce
On tilt" 6th inst.. Northtstrcet, _ v. ow,
.se-, Jo
(11, the 6i h it at.,
at Brixton. S. ClaPhaw-il ei
On the 6th inst.. at Bedford-place, 11, Pq.''
Tho nes, Esq. aged 69. springs
,1051'
On the 7th inst., Ann, the wife of John
Barnet, Satilanie R
Hamilton-terrace, St. John's-wood.
49' et
Esq., of the British 'Museum, aged 43
~,,.. aged
~ Rob On the 7th inst., in Upper Wharton-
On the 7th inst., at Lee, R,,bertGibson,.ri,:ter ,
On the 29th ult., Charlotte, eldest
ddswuNt:b,roaC ,
t)
Broughton, Esq., of Belmont place, Wan .._ ~,g,
. . „...,....„,.,..*............-------7-1-,0 I .:,..ro". lio
London: Printed and i'ublish, h,,,, Mb R office, :''asti
:-"f • -•- , The Sum .... the tio
S -:end. in : h,. Prec,et of the 'Savoy, 1"
street, fleeri
Middlesex, Monday, February 10, 045'