The Sun.
London, England, 1842-01-19 00:00:00

THE SUN, LONDON, WEDNESDAY, JANUARN 19, 1842.

I there would be an inquiry in this respect. I wish to
Iknow whether the aasigness were paid the debt
Mr. COOPtß—There is no doubt about that.

His Horiona—Then I an; to-understand it is admitted
by the assignees of Mr. Aldermen Winchester, that he has
been fully repaid all that he did pay for the premiums ?
Mr. COOPER—Certainly.
His HONOUR—Then that admission must be taken
down, in order that it may not prejudice any other
claim in this case, otherwise there will be an error ap-
pearing on the decree. Then it only remains to con-
sider the title of Mrs. Burridge to compensation or in-
demnity in respect of the payment which she has made,
or that her husband's estate was liable to make.
It is, as I understand, proved in the case
that Mrs. Burridge had by her income, or money de-
ducted from her income, actually paid premiums to a cer-
tain extent, and which her husband's estate was liable to
pay. I may therefore declare that Mrs. Burridge, the plain-
tiff, in respect of this payment, charged against her in re-
spect of these premiums so made, has a lien on Mr. Row's
interest under the settlement, whether assigned or not ;
whether with interest nmy-pOssibly be a question. I
would rather have that spoken to. My present im-
pression is, that it will carry interest at the rate of
four per cent. I will hear the assignees on that
point if they wish, but if I am to decide it
now, I should decide that these premiums paid by her
will bear simple interest at the rate of four per cent.
charged upon Mr. Row's interest in the fund ; because
if I were now to settle the portion of capital for the pur-
pose of paying that, I should prejudice Mrs. Burridge's
interest. If you wish, Mr. Cooper, to address the Court
as to the liability in respect of the payment of these pre-
miums I will hear you. -- -
Mr. COOPER—I declined doing so.
His Ileorrotra—Then my impression is that the pre-
miums ought to bear simple interest, at the rate of 4
per cent. Then comes the other question, and it
may, perhaps, not be inconvenient to the Court
to declare its opinion upon it, viz., the - ques-
tion whether Mrs. Burridge is affected by any-
thing which has taken place under Mr. Alderman Win-
chester's bankruptcy. It is only a claim so far ; there
is no proof ; and I apprehend that having referred to
what the rights and liabilities of the parties
were immediately before the bankruptcy of Mr.
Alderman Winchester, that there is a right on
the part of the plaintiffs to see upon what the interest
belonging to Mr. Row stood. Although the liabi-
lity does not stand exactly upon the same footing
as it does in the cases of Priddy and Row, Cresley and
Woodroffe, and Smith and Smith—although there was the
obvious difference I have mentioned, I viewed the case
in this way—the policy found is rightly in the name of
the trustees now in Court, and I viewed it as coming
rightly into their name. If Mr. Winchester had not
become bankrupt, and if after his decease his
executors had applied to the trustees for a
transfer of the policy fund on payment of interest
on the policy, the trustees would have a nght to say, "True,
this is yours, but you, to whom this money is due, also
owe us moneys in respect of the bond; therefore let an
account be stated between us, and letus see who is debtor
and who is creditor." I will now state the rights
of the estate between the trustees and Mr. Winchester.
I apprehend the bankruptcy makes no difference ; but,
according to the extensive meaning which has been fixed
by authorities on that point, there was a mutual credit
between them to the time of the bankruptcy. It
appears to me, therefore, that there is that right,
whether retainer, set-off, or lien, call it by what
name you will, which the plaintiffs contend for. lam
not, howeVer, prepared to say that I can give an imme-
diate effect to it, but it may be convenient to the par-
ties to declare it, that the effect might be obtained with-
out waiting till Mrs. Burridge's death, because it is proba-
ble the assignees of Mr. Winchester will sell the reversion-
ary interest on the policy, but if they do they must sell it
subject to that right, which I think I am justified in de-
claring, because there is nothing specifically wrong in this
part of the case, and this may probably have the effect of
settling the judgment upon this point, and on this prin-
ciple I will decree. You must state the form of the de-
cree, you will have, in order to exclude from it any
admission that may be erroneous. If you want any
account it must be so stated.
Mr. SIMPHINSON—We want no account.

His HONOUR—I decide the principle of the decree
now • whether rightly or wrongly, I decide the whole now.
Dir. COOPER—Yes, Sir, I would say the whole decree.

His Howoun—Then you will mention the minutes at
another day, and if you -will prepare them upon the
principle I have mentioned, I will endeavour
to settle any difference of opinion. You will name a day,
and I hope the minutes will be considered by the Counsel
and Solicitors out of Court, in order that it may not
stand over.

Mr. CooPER said, he had to apply to his Honour re-
specting the costs.
His HONOUR—I am much obliged to you for remind-
ing me of it. I have thought of it during the argument.
Neither party has addressed me on the subject, but I
think the plaintiff ought to have the costs out of the fund.
Mr. CooPER thought the assignees were entitled to the
costs out of the fund.

Mr. SIMPHINSON—They ought to pay the costs. Your
Honour should know that they claim everything by the
bill.

His HONOUR—I am disposed to apportion the costs
to all parties between the policy fund and the bond fund,
if you can do that practically, and I do not see why not.
One fund has produced nothing, but I suppose it will
produce something.
Mr. Simi('Nsori—lt will produce something, probably
I s. in the pound, and that will not go far.
His HONOUR—The simplest would be to take them
out of the policy fund. But I will tell you what I think
of the costs when the minutes are settled.

The case will be heard again on Saturday next.

COURT OF QUEEN'S BENCH, Jan. 18.

HOWARD V. GOSSETT AND OTHERS.
After the Learned Counsel for the plaintiff had con-
cluded his argument,
The ATTORNEY-GENERAL applied to the Court for
leave to amend the plea, on payment of costs, which was
assented to by the Court.

SHERIFFS' COURT, Jan. 18.
BURKE V. SWIFT.

This was an action brought to recover the sum of
31. I Is. from the defendant, who is an attorney. It ap-
peared that, some time since, the plaintiff had employed
the defendant in an action in this Court, for the recovery
of a small sum ; and the case having been frequently
postponed, Mr. Swift charged the sum of 3/. Bs. for the
attendance of counsel, amongst other items, although
the law forbade an attorney, on his own responsibility,
to employ counsel in suits for any sum equal or less than
that in which be was concerned for the plaintiff. Even-
tually a bill of costs was run up, which more than qua-
drupled the sum for which the action was brought ; and
the plaintiff having subsequently executed some work for
Swift, the latter refused to pay him, alleging that there
was still a considerable sum due to him for costs. _
_ _

The present suit (which occupied the Court nearly tho
whole day) was then instituted, when the Jury returned
a verdict for the plaintiff—damages, 61. l ls.

POLICE INTELLIGENCE.
MARYLEBONE.

Yesterday four young men were brought before Mr.
Rawlinson, charged with disturbing the inhabitants by
knocking at their doors. The names, addresses, &c.,
given by the defendants, were as follow :—George Doug-
las, gentleman, No. 41, Edgeware-road; Edward Turner,
gentleman, No. 14, Portman-street, Portman-square;
Joseph Brittlebank, Alscot -place, Grange-road, Bermond-
sey, surgeon ; and James Williams, gentleman, No. 17,
Berkeley-street West, Connaught-square.
Turner and Brittlebank were fined 40s. each, for
knocking at the doors ' • and Turner and Williams were
also fined 20s. each for being drunk ; they were further
required to enter into their own recognizances for their
good behaviour for 12 months.
A young man, who gave his name Edward Acres, was
placed at the bar before Mr. Itawlinson, charged with
the following cruel robbery :
It appeared that on the previous night a house belong-
ing to Mr. Marlet, proprietor of the Bee Hive, in the
Harrow-road, was burnt to the ground, and that yester-
day morning, about nine o'clock, the prisoner was ob-
served to pick up, and carry off a silver watch, which
had been dug out of the ruins. He walked off with it,
but was soon afterwards captured, with the said article
in his possession.
Mr. Marlet identified the watch, and said that its ap-
pendages were a gold chain and two gold seals. These
were now missing, and had no doubt been handed by the
prisoner to a companion, who was with him, and who
made his escape before he (prisoner) was taken.
Ile was committed to Newgate for trial.
CLERKENWELL.

About three weeks ago, William Henry Overton, a fine
looking lad, aged sixteen, was brought before Mr. Combe,
charged by Mary Smith, a chandlet-shopkeeper, residing
in Wellington-square St. Pancras, with having stolen
an apple, value one halfpenny.
The prisoner, it appeared, entered the shop of the pro-
secutrix, on the Saturday evening, and committed the
theft, when he was given into custody, and locked up
until Monday morning. On being placed at the bar, the
prosecutrix declined prosecuting, as she had discovered
that the prisoner was in great distress, and had stolen
the apple through hunger, and that his mother was a
poor, but honest woman' with-a large family, residing in
the same neighbourhood with herself.
Mr. COMIIE questioned the prisoner, who said that
hunger induced him to steal the apple. His mother was
a widow with three children besides himself, and they
had not tasted food for some time. He was out of a
situation, and could get no work. He was anxious to
go to sea, but his mother was unable to purchase him
clothes, or fit him out.
Mr. CONDE discharged him, but ordered the mother to
leave her address, which she did, " No. 15, Wellington-
square," poor althoughor hard-working
ar bearingd-w or
k g
s respectablen pop e people
; and he
title,a
isscitilialeiitaPl
inhabited
directed Sergeant Lester, No. 10 E, to proceed and in-
vestigate into the case, and report the result to him (Mr.
Combe) which he did forthwith, and subsequently re-
turned and informed the Court that he found the prisoner's
mother, children, and her idiot sister (the latter afflicted
with dropsy), in a miserable apartment, destitute of fur-
niture or any comfort, and not a bed to lie upon. The
sister was evidently in a dying state, and they were
without the least means of providing any nourishment
for themselves. He made inquiries, and ascertained
that they were deserving, honest people, who had been
reduced by misfortune to their present poverty, and that
the whole of the family were deserving objects. He
also added, that they were indebted at their lodgings,
and there were numerous duplicates, in their possession,
and they had received notice to quit the lodging. This
distressing report having been made on tiler 7th instant,
Mr. Combe sympathised for the unfortunate family, and
ordered 21. to be given from the poor-box of the Court
for immediate necessaries, and that every attention
should be paid to them from time to time; and he deter-
mined also to "use his influence in'orAbr_to procure a

Ihip for the boy and fit him out, for which purpose he
instantly coMmtitticated with Mr: Evans, of the Thames
POlice. Subsequently 21., and 7s. 6d., were handed over
to the family in separate payments; and eventually a ship
was procured for the boy, who was yesterday placed on
board the Isabella Sarah, a Newcastle collier, which sailed
to hyr destination, the poor fellow leaving with tears of
joy and gratitude.

IRELAND.
CITY OF DUBLIN ELECTION.

DUBLIN, JAN. 17.—1 n coasequence of the circum-
stances Whitt' have been disclosed regarding one of the
Sheriff's still retained in Alai the Committee of the
Reformers have forwarded another memorial to Lord
Eliot, representing to his Lordship the extreme injus-
tice practised towards the Reformers at the last election,
in the premature closing of the poll, the obstruction of
voters, and various other ways, and urging upon him the
absolute necessity, if anything like fair play be intended,
of having Sir Edward Borough, the new Sheriff ap-
pointed by the Government, sworn into office, in order
that he should preside as returning-officer at the coming
election.

NATIONAL REPEAL ASSOCIATION.
This day the usual weekly meeting of the Repeal As-
sociation was held at the Corn Exchange, Mr. O'Callag-
han in the chair. The Secretary announced the receipt
of 191. ss. from the Repealers of Manchester and Sal-
ford, by the hands of Mr. Timothy Duggan, of the for-
mer town.
Mr. JOHN O'CONNELL, M.P., addressed the meeting
at some length, on the prospects of Ireland under Tory
government.
Shortly after three o'clock, the Lord Mayor arrived.
He said, he begged leave to hand in 1001. from Albany,
in the state of New York.—(Cheers.) I beg also (said
he) to hand in 201. from New York—(Renewed cheers)
—and I call upon the Secretary to read the letters and
address that accompanies these remittances. Let any
man that likes talk while these documents are reading;
but if each man had a hundred pair of ears, you would
not think you had one too many to listen to these sweet
sounds of liberty coming from America.—(Cheers.)
These letters professed a deep interest in the struggle
for the repeal of the Union. The Albany Repealers
said, "We pledge ourselves to make sacrifices for the
cause beyond your expectations."
The Loan MAYOR said that as he found -the name of
Lord Shrewsbury mentioned in one of those letters, he
wished to state that he would have his pamphlet, in re-
ply to his Lordship, ready for the press to-morrow.
Owing to the lateness of the hour, he wished to make a
fewobsorvations on the approaching contest. He had nohesi-
tation in saying that they were quite right in not bringing
forwarda Repealer on this occasion, but in Lord Morpeth
they had the very next best candidate that could be
selected. He was the zealous friend of civil and religious
liberty—the able advocate of education—the extension of
the franchise—in short, of the rights of the people. In poli-
tical integrityihe was a Statesman beyond all praise. If
a repealer were put up now, a great number of the old
freemen, who will certainly vote for Lord Morpeth,
would oppose a Repealer ; but by the next election he
(the Lord Mayor) had no doubt that the electors of
Dublin would be sufficiently strong to return a Repealer
and the Repeal pledge would be put to every candidate
throughout the kingdom that asked for the suffrages of
the people. Prior to the last election he expressed a
doubt of success, for he was never sanguine when there
was a likelihood of defeat ; but on the approaching oc-
casion he had not the slightest doubt of a triumphant
victory if the electors only did their duty. Among the
many advantages which the Liberals had on the present
over the former occasion, was the maturity of upwards
of 200 voters, who could vote on their side.—(Hear,
hear, and cheers.) It was true that they were still
to have the old Sheriffs.—(Hisses.) Although their
time had expired—although the Act of Parliament con-
demned them as well as the system of which they formed
a part, Lords de Grey and Eliot were- determined
to continue them until after the election, because, for-
sooth, they apprehend that removal now would appear
like a condemnation. What was really the fact ? Ac-
cording to the old system there were two Sheriffs, but
Mr. Browne actually passed a deed to Mr. Porter, mak-
ing over to him the entire of the office. Did Lord Eliot
know this when he declared that the old condemed
Sheriffs should continue in office ? If he did not, will he
refuse to inquire into it when this statement appears on
his table, as it will through the Press to-morrow ? This
conduct of Lord Eliot was only another proof of the de-
lusion in Ills Cornwall speech, in which he professed a
determination to be impartial ; but what could be more
partial and unjust than his conduct since he came to
Ireland, 2
THE CONVICT DELAHUNT.

Soon after Delahunt's sentence, he was attended in his
cell at Kilmainham prison by the Rev. Mr. Campbell,
R.C.C., who endeavoured to administer to him the con-
solations of religion. Two other culprits were placed in
the same cell with him, one of whom, a man named Doyle,
who was charged with pig-stealing, slept with him, and he
states that his sleep was more composed than his own.
There is no restraint upon the prisoner further than being
confined in his cell, with liberty to walk about the
.yard.
He still entertains a hope than he will be reprieved,
and looks forward to the Executive extending mercy to-
wards him ; but he has never asserted his innocence as
the foundation for such a hope. Should the prisoner
be executed, his will be the only execution that has taken
place for seven years, the last person who underwent
the extreme penalty of the law being Robinson, who
was found guilty of violating a female at Bray. Mrs.
Delahunt, who is still maintained and protected in the
prison, stated that though the prisoner was a person ;1,d..
dieted to lying, and otherwise abandoned in character,
he was particularly partial to children, and they were
equally fond of his company. Suspicion being excited
that he was concerned in the murder of Garlibardo, the
Italian organ-player, at Rathfarnham, a knife on which
were marks of blood and some hair, recently found in
the Dodder, opposite the place where the murder was
committed, was shown to Mrs. Delahuit to ascertain if it
were her property : but she denied all knowledge of it.
Several persons called at the prison yesterday to make
inquiries respecting the prisoner and to see him, amongst
whom were Lord Aberdour, and other officers attached
to the staff of his Excellency Earl de Grey.
The following additional disclosures made by the pri-
soner since his conviction may not be uninteresting :
The Governor of the prisoner having, in a conversa-
tion with the prisoner on Saturday evening, adverted to
the appalling circumstances in which he was placed, he
said he did not take the boy at all, and the following
colloquy ensued between them :
Governor—Do you mean to say that others were im-
plicated with you ? Delahunt--Yes; there was another
man and a woman.

Governor—lt is very strange, then, that.. you were
seen with the child in various parts of the city that
night, and no other persons were seen with you ? Dela-
hunt—l admit that ; the others were too cunning to be
seen with us, and they kept 50 or 100 yards before us.
Governor—What motive had you in doing it ? De-
lahunt—l did it for the purpose of being taken care
of in the Lower Castle-yard, and to be admitted as evi-
dence to prosecute some person to be charged with the
crime. It was the woman that actually cut the child's
throat.

Governor—Where did you meet with those peo-
ple, and how long had you been making it up ?
Delahunt I met them accidentally that evening,
a little before the child was seduced away. They
told me what they were going to do, and asked
me to join them. I knew the man before, his name is
Doyle ; but I did not know the, woman, and I knew
nothing of the matter until I met them.
Governor—lf you knew nothing about what was going
to be done until you met those persons, what made you
steal the knife from lour brother's house that morning?
The prisoner admitted that he did take the knife, but
could not satisfactorily account for doing so.
It is difficult to say whether any reliance can be placed
upon this statement by the prisoner, except so far as it
criminates himself.

THE DULNESS OF HIGH LIFE.—The fol-
lowing passages in the Memoirs of the Duchess of St.
Albans, contain a sad and home truth :—" Few persons
have seen so much of the various aspects, I may say of
the two extremes of life, as myself ; and few persons,
therefore, can be better judges of the difference between
great proverty and great wealth; but, after all, this does
not, by any means, constitute the chief and most import-
ant distinction between the high and low states. No_
the signal, the striking contrast is not in the external cir-
cumstances, but in the totally opposite minds of the two
classes 'as to their respective enjoyment of existence.
'l'he society in which I formerly moved was all
cheerfulness, all high spirits—all fun, frolic, and
vivacity; they cared for nothing, thought 'of
nothing, beyond the pleasures of the present hour,
and to those they gave themselves up with the keenest
relish. Look at the circles in which I now move ; can
anything be more 'weary, stale, flat, and unprofitable,'
than their whole course of life ? Why, one might as
well be in the treadmill as toiling in the stupid, monoto-
nous round of what they call pleasure, but which is, in
fact, very cheerless and heavy work. Pleasure, indeed !
when all merriment, all hilarity, all indulgence of our
natural emotions, if they be of a joyous nature, are de-
clared to be vulgar. There can be no cordiality where
there is so much exclusiveness and primness : no ! all
is coldness, reserve, and universal ennui, even where this
starohness of manner is unaccompanied by any very
strict rigour in matters of conduct. Look, now, at
those quadrille-dancers in the other room ; they have
been supping, they have been drinking as ranch cham-
pagne as they liked ; the band is capital ; the men are
young and the girls are pretty; and yet did you ever see
such crawling movements—such solemn looks, as if
they were all dragging themselves through the most
irksome task in the world ? Oh ! what a different thing
was a country-dance in my younger days !"
LORD MORPETH IN AMERICA.--Lord Mor-
peth, it is said, came to this country to look after a very
beautiful and accomplished woman, the daughter of
one of the Boston merchant princes, Mr. Appleton,
we believe. A few years ago she .travelled in England,
became acquainted with the Gallant Howard, and the re-
sult was, that he fell deeply in love with the American.
It is so, my good Lord ?—New York Herald.

At the Mansion-house banquet on Monday,
the Lady Mayoress and the female guests were accom-
panied from the drawing-room to the Egyptian-hall in
the following manner :—Prince Albert walked arm-in-
arm with the Lady Mayoress; Sir Robert Peel with Mrs.
Fry; the Marquis of Exeter with Mrs. Somes; the Earl
of Haddington with Miss Fry; and the Duke of Wel-
lington with Mrs. Melville; and the Duke of Buckingham
with Mrs. Pidgeon.
ST. JAMES'S PALACE.—Yesterday several of
his Majesty's (the King of Hanover's) light baggage
waggons arrived at the apartments of the King, in the
Ambassador's Court, from Kew Palace, laden with de-
corative furniture ; and although much mystery is ot -
served by his Majesty's domestics on the subject, it is
believed that the suite of rooms is in a state of prepara-
tion, to be placed at the disposal of King Frederick Wil-
liam of Prussia during his approaching visit. The suite
forms a very magnificent coup d'ceil, and the sleeping-
rooms, dining-rooms, and kitchens, are eligible and con-
venient. A number of workmen are employed in em-
bellishing the apartments, Which have not been occupied
since the departure of his Majesty for Hanover, in 1837.
The Gasetteof Aix la Chapelle announces that
the King of Prussia will arrive there on the 19th, and
stop there for the night.

FROM LAST NIGHT'S GAZETTE.
At the Court at Windsor, the 15th day of January, 1842,
present, the Queen's Most Excellent Majesty in Council,
this day the Right Honourable George Earl of Beverley, the
Right Honourable James Lewis Knight Bruce, and the Right
Honourable James Wigram, were, by her Majesty's command,
sworn of her Majesty's Most Honourable Privy Council, and
took their respective places at the Board accordingly.
ST. JAMES'S PALACE, Ja rt. 15.
The Queen has been pleased to appoint George Earl of Be-
verley to be Captain of her Majesty's Guard of Yeomen of the
Guard, in the room of James William Robert Marquis of Lo-
thian, deceased.

DOWNING-STREET, JAN. 17.
The Queen has been pleased to appoint Alfred Cheeke,
Esq., to the office of Crown Prosecutor in the colony of New
South Wales.