The Sun.
London, England, 1845-11-29 00:00:00

SMITH V. STAPLETON AND ANOTHER.

This was an action on the case brought to recover com-
pensation for injuries done to a valuable horse, to which the
defendants had pleaded that they were not guilty.
Mr. Jarvis, Mr. Sergeant Murphy, and Mr. Macmahon
appeared for-the plaintiff, and Mr. Uranwell for the defen-
dants.

Mr. JARVIS stated the case for the plaintiff. It was a
common running-down horse case, but he believed the jury
would find that it presented an uncommon and unusual fea-
ture, for he understood his Learned Friend was there to prove
not that the injury had not been done, but that there was no
such cart in existence at the time of the accident as the one
which the plaintiff alleged bad caused the injury. The facts
of the case were simple enough, and might be stated in a
short compass. The plaintiff was a carman, and on Satur-
day evening, the 14th of June last, one of his carts, drawn
by a valuable horse, was returning up the New-road from
the City. When the cart reached Baker-street, the driver
observed another cart, with two men in it, coming in a con-
trary direction at a rapid rate; and he called out for them to stop,
but they heeded not the caution, and the cart passed over the
hoof of Mr. Smith's horse. The parties in the cart, who were
dressed in the garb of dustmen, took no notice of the
circumstance, but continued trotting on until some
bystanders, who witnessed the occurrence, stopped them. It
was then ascertained that the cart was the property of the
defendants, who were the well-known dust contractors, and
that the number of the cart was 20. Application was, there-
fore, made to them to repair the injury their servants had
done, but their clerk denied that they had any such cart. It
was true, he said, that they once had a number 20, but it
had long since been broken up. While this conversation was
going on the defendant's foreman made his appearance • and
on the clerk's relating the accident to him, he quietly ob-
served that " it was all gammon about number teventy having
been a doin' of it," for he could prove " that number teventy
warn't out on that ere day." These conflicting statements
strengthened the belief that the cart was the plaintiff's pro-
perty ; but, to clear up all doubt upon this point, the plain-
tiff's attorney hit upon the plan of getting one of the parties
who witnessed the accident to watch the defendants' men as
.they left their premises on a Saturday night, to see if he
could recognise the two men who were in the cart in ques-
tion. After watching for a short time, one of the men
made his appearance; but he no sooner saw the
party who was watching than he took to his heels.
This clearing up all doubt upon the question, the plaintiff
brought the present action for the injury done to his horse,
and it was now for the defendants to show that their cart,
No. 20, actually had been broken up, or returned to " dust"
previously to the 14th of June last. Perhaps his Learned
Friend, who appeared for them, would endeavour to throw
" dust" in the eyes of the jury by calling all the dustmen
in their employ t 6 prove that they had no number 20 cart,
but he felt convinced after they had heard the evidence he
should bring before them the jury would say that it was one
of the defendants' carts that did the injury he complained of.
Evidence having been adduced in support of the statement,
Mr. BRANWELL disclaimed all intention of wishing to
throw dust in the eyes of the jury, or to call before them
the 140 dustmen in the employ of his client to prove that
they had no cart number 20 ; but he should call witnesses
to prove that their cart number 20 was not out on the day
of the accident; and he should moreover prove, to clear his
client from all suspicion, that at the time the accident was
alleged to have taken place all their carts were in, and their
men had been paid their wages and gone home.
Witnesses having been called to substantiate the Learned
Counsel's statement,
Mr. JARVIS replied, remarking that the defendants' case
had fallen to the ground, and it now only remained for them
to make his client some recompense by speedily coming down
with the dust.

The jury returned a verdict for the plaintiff.—Damages,
20/. 143.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner GouuwnN.)
IN RE OLDHAM.
_ _

In this case to-day was appointed iOr a dividend. A proof
was tendered on the behalf of trustees under the marriage
settlement of the bankrupt, as for money had and received by
him to and for the use of the claimants as trustees. The
proof was opposed on the ground that, under the deed of
settlement, the trustees had a power to exchange furniture to
the amount for that of equal value (300/.), but they had no
right to transfer stock generally. The Lord Chancellor had
referred a case to the judges, whether a debt arising on the
sale of stock by trustees was an admissible proof. Three of
the judges agreed, but the fourth dissented, and the Lord
Chancellor again referred the matter, when it was
decided that when stock or articles were specified to be sold
on a particular day, and the value could be then ascertained,
it was a provable debt; but not so when the trustees were
exercising a power. In this case the trustees had concurred
in the sale, and handed the proceeds to the bankrupt ; and
it was urged that the claimants had committed a breach of
trust on the part of the trustees, and that the assignees had
a right to stand, in right of the deceased's wife, and claim
the value of the trust from the trustees on behalf of the
bankrupt's estate.

After a long argument, it was determined that the case
should be adjourned, in order that a special case might be
prepared for the common-law courts.

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.

Henry James, 20 ; John Bushell, 23 ; Henry Smith, 17 ;
Frederick Morrison, 2r ; James Lackington, 18 ; and John
Brett, 20; all paupers, were charged with breaking and
entering int') the house of Giles White, schoolmaster of St.
Pancras workhouse, and stealing therefrom three fourpenny
pieces and other moneys, the property of John Mylett ; also a
silver thimble, and other articles, belonging to John Hamil-
. .

ton and others; and Brett was charged with aiding and
assisting the others to commit the felony.
Mr. Prendergast was retained to prosecute.
From the evidence it appeared that at the instigation of
Brett the prisoners broke a hole in the wall of the oakum
room, where they slept, and thence passed through a window
into the dining-hall, where a number of boxes belonging to
the charity boys were These boxes they broke open, and
took therefrom any little articles of value they could find.
They were afterwards seen dividing money by the other
paupers who slept in the ward.
The Learned JUDGE summed up, and the jury found a ver-
diet f Not Guilty.
This case, unimportant in itself, and most uninteresting to

the listeners, from the number of witnesses examined, and
the pertinacity with which they were cross-examined by the
counsel in turn, occupied the Court four hours.

CLERKEN WELL.-(T HIS DAY.)

John Collins, was charged with a violent assault upon
Thomas Mason, a foreman bricklayer, in the employ of a
builder in Islington.
The assault occurred in Highbury-terrace, and the facts
will be seen from the Magistrate's statement.
Mr. GREENWOOD observed that he regretted very much
that all the prisoner's fellow-workmen were not in court, be-
cause if the open administration of justice did good by ope-
rating as an example, it would be highly useful in this case.
This was the result of combination. Workmen ,might , now
combine as much as they liked—the law allowed them to
combine—it used not to do so, but they might now sell their
labour as highly as they could—they might ob•

taiti even extravagant wages if they could. And d°
that by combination, but when they overstepped 031'
mark, and resorted to violence, they laid themselves open !°
the law. In this case a foreman 'lfts left by his master is
charge of the men, with orders to report to the master, upon
his return, the conduct of the men. The foreman report
to his master, in this case, that the prisoner had not done 11.''
duty, and he was, consequently, discharged. Finding
ribt!;
the prisoner treated the Complainant in the most b t I!:
manner.; knocked him off a scaffold eight feet igh; ti°:
complainant fell on the ground head foremost,
and laid tiler:.
insensible for some time, from the shock. The man eras 71
bad that a surgeon was obliged to take blood from him.
the prisoner had killed him, he Mr. Greenwood, could not
see what could save him from the gallows. He would Oa:
him 41., or eight months' imprisonment.—He wascommitte

NAVAL INTELLIGENCE' pier
Pon-mato/rim, Nov. 27.—Her Majesty's mortar-ste,ser
Scourge has this day been commissioned by Commanattio,
C. Catlin. She is to have a crew of l4s—Mlieers, ljevou-
and marines. Her Majesty' sloop Nimrod, 20,
at
gilt sod
port, and the Harpy, a newssteam-vessel, recently h
_iso or
fitted at Mckwall, but since moved to Woolwich, Are luvvers
dered to be commissioned. Gunners and seamen glib
to
from the Excellent, at this port, will be selected ands e"9
them forthwith. Those for her Majesty's ship
to Woolwich yesterday in the Emerald cutter. mit 05
The Thalia, 42, was paid off this day; the paYlB-1,04 o
superintended by Mr. Purdo, the senior master-ate:l'er, os
the dock-yard, in the absence of Rear-Admiral r
d.
leave. A few minutes before the payment
addressed
Captain Hope assembled the men on deck, and 8d • fob
them °
them on separating, after being together upwaro during
years. He commended their general good conduet,e bim
this perfoi,, and on his concluding, the people gale
hearty cheers. be 6fr
The Fairy yacht goes down to Cowes daily, to been 0°
Grainpu v.
tendance on her Majesty, but the weather has prince
boisterous and wet, that neither her Majesty pOr
Admir,.,l; to
Albert have been cn board since Tuesday-
Charles Ogle went down to Osborne-house yester.lBl;:, has
Fanny yacht, to pay his respects. Her 11,19j,,ebVight",
signified her wish, that on these visits to the Isle -iv is of
the attendance of members of the Board of Adraira'ri'fice
be dispensed with in future ; hence the non-aPP,,eabe.
any of their Lordships on Tuesday. Any commanus,•-„cion
wish to give will be executed by the Commander''',4
Lord Adolphus Fitzclarence, Commander Crispie9ls.oloet
second master of the Fairy, are the executive
neither lieutenant or mate is on board. Nom ittens !lAaetb.
appointed to the yacht since Messrs. Hobart, .1-
the Hon. J. M. Byng have been promoted. „,, the
The Admiralty, being desirous of keeping "r,hirefc,
complement of seamen gunners in her lelajestYl; lv:07
cellent, the gunnery depot at Portsmouth haveilfol°";
issued orders to the Commanders-in-chief at d.„hite
Portsmouth, Sheerness, and Woolwich, that, 00,&ev:A,
vessels being paid off, the captains or commandiu°,er IM;(1
are to assemble the seamen, and offer to them t'„,tj i'to
ships' permission (should they give in their IP", 0012_,;
think tit to volunteer for the Excellent) for eao.ogllt'ot
have six weeks leave of absence before finally jeit'tliorl, •
and on joining to be secured their present rd
higher ratings -if entitled thereto by conduct (flicitheir
also, during their six weeks' leave, to have their
and sea time going on ; and if at the e- rt, •
tile pa
of the six weeks they should be at any 08„rego
senior officer at such outport is, on their Y. toy
ofticere ive beet
themselves, to cause them and their baggag;ooo,d
provided with a free passage to Portsmouth, in dery
vernment vessel. The seamen are, however, to 1,0
that the leave is limited to six weeks, and tile 3 t
of pay and time will not be granted beyond thBed t
without the most satisfactory reasons (corrobor,atia
spectable testimony) being assigned for the 8e d
joining. ailootl7,
The measure will doubtless work well, and Ir..— vie
expense; for if a sailor changes his mind and doeso,o
pear on board the Excellent, at the expiration of P00,,i
nothing is granted, the victualling not comrnencilg.ooo:o'
has been on board. To the seamen, the six week-s,.utj per
be of essential importance, in the calculation for 1""
for length of sery ce.

1
LATEST -INTELLIGENCE FROM SYD•;„; Itive
SOUTH WALES, BY THE OVERLAND MAIL.---I'%-fial 0
letter, dated ydney, 4th August :—" We sr° otie;tiol
very agreeably; everything looks prosperous; °ma! si
plentiful as it was scatce two years since; every
of property is in demand; stock and stations ha
t' AtiAtoo
hands at 16s. per sheep. There is a prospect of t",,,ve s'
question being satisfactorily settled. We are to ),,,,i4js
on reasonable conditions. For this boon the e;";biissc,4
debted to the unwearied exertions and great are ry
played by Mr. Benjamin Boyd, the Chairman a ti,„.0,,,0
Association of New South Wales, and Member of iebes,
the district of Port Philip, in conducting the strugg e
the squatters and the Colonial Government." ribe!cci
WAKEFIELD CORN MARKET, Nov. 2
plies of all grain are very moderate this week.
pretty good demand for fresh samples of Whea
11t,° sitergd
of such are rather higher. In common sorts , 519
Good Barley in request, whilst inferior samples 7-old 1,10
at late rates. New Beans Is. per quarter 90'''
In
rather cheaper. Oats and Shelling fully as dear' o'
a fair business passing. the
~,t tio
CABINET COUNCIL.—WE understand t0W04,"
ral members of the Cabinet intend to remain is
be
at
after Tuesday next, on which day there • I
Cabinet Council. 01001/
TERMINUS IN THE STRAND.---WES".V,
SOUTHERN COUNTIES RAILWAY METROPOLITAIt :ite 14
fg
The Fleet-prison, Farringdon-market, and 310°'s
been marked out for the termini of Northrn: eey
the West-end and Southern Counties have 0°110: is 4
their intention to apply for a Bill to bring. their 1109
Waterloo-bridge, and form the terminus in Lalaes.,,,jekas4
extending to the Strand, and covering the unoce.'„V.,„
and wharf frontage to the Savoy. This plan does P'lool
the disfigurement of the architectural design of the 01140
A RELICT.—Died in the Lambley Ws? OCO
Saturday night last, Mr. T. Evans, aged 82 yest3'..,ielt;ll
the last surviving victim of the cruelty of the if 0r,7/ Joy'
the year of the" ducking." On Thursday, the 3" fot?
that 3 ear, he was ducked in the canal, near tbe9 pie/
bridge, because of his political principles, and ne,
while undergoing the infliction, as a felon. In
many others we could cite, persecution only Orliteir
strengthen preconceived opinions, and proinote‘t i eptiLli
sion. Thomas Evans lived to see the truth of meoo9
generally acknowledged, and maintained his
throughout life.— Nottingham Review.
10 ie
TROTTING MATCH FORT WENTY Y.▪ 01314,, :3te
ff
terday the match between Mr. Day's horse and p'4,51., es°,l
mare to trot over eight miles of ground, in harlib-ed 141
at Mitcham-common. The horses were Mutacthe 0::00
aside. They went away at a splitting rate, an"..,-st $
was performed in 3 minutes 18 seconds, the Insi rhe;„
lead, which she maintained to the conclusion (1.4,0000,1
mile ; which was covered in 3 minutes and 28 ssli
the fourth mile the mare was in advance, vibe° t'ej
and the horse took the lead, and concluded fl!_eib
minutes and 56 seconds. On the turn of the s,2"flise:'itt.:,
mare had succeeded in coming up, and a et,. dr`icr'
till within half-a-mile of the winning mar ; "„vs S,O;
the horse tried every effort to pass his opPo'
success, and the mare came in the winner hYtistit
The eight miles of road were trotted over in 28 11 .jet,
16 seconds. 50051414
We learn from the Baltic ports that /I f eSliro
ble quantity of wheat has been in the course °,oootio
tion for this conntry, indeed a much larger 010' ceri
was expected to be sent at the present udirtvigtl7
of the year. It may be expected that the uiee./
the north of Europe will soon be blocked uP by
Times. /11 peg
HIGHWAY ROBBERY.—LONG SUTTO- ill • il`
has beilV
gret to find that another highway robbery b's ~
trated in the county of Somerset. Mr. 40°11,,,
Knowle, Long Sutton, on his return fro' big o'4
market, on Tuesday evening, was stopped bYe, as.egedfi
men, who dragged him off his horse, tied his 1701.
and robbed him of a 51. note, and other moneY,,„;tect!:lo2
is offered. We hope the scoundrels will be of siteY
are inclined to believe that an organised gang ecrforglf
robbers exist in Somerset, and we think it is itissb coo/
question for the magistracy to consider the su jeci.
specially appointing officers to endeavour talli oec4
of the disgrace and danger which these rufB
oa
Sherborne Journal. e tO
VALUE OF PLANTATIONS.—A sale 0'.1105001v
place at Inverness on Tuesday, which forcibli,./6 ialP,at
value of plantations. The quantity sold:was, l„siis'n'issl,
60i Scots acres of fir wood on the estate of 5:8—,,51)0,,re
shire, and the price was 2,5601., or 391. per acre
EOO trail:et
tion is just forty-two years old; and if we re'' the ,g
pings for the last twenty years at 141. per scrod it 115,0/11
produced IL ss. per acre during the whole peril) „tilt 59
under wood. What adds to this remarkable feostlidepl,ty,
the plantation disposed of was by no means exetirologr,ro
growth Indeed kis sold, for the purpose 0' 11l stfrigo',
by larch, as more congenial to the soil• sr. t 1 SC
ing result (added to that lately recorded by aioils
the Balnagown woods, and many others of a 'ver;ll`oo6• 1,
which we have described) should stimulate our lt prj
prietors to increased exertions in this inlP°rts,,llls
rural improvement. There are many light oils
emerttli
hills, at present unsightly and unproductive, t" cc, p
be made almost as valuable as arable land, °tie% to
more valuable than pasture. Highland proPefe still ~00,4,
becoming of more importance, and we anticipationto.49
advantage when we have railway communech3er t° tilad
agricultural produce and transport heavytins- ottoe
besides multiplying facilities for social jatere
11$9-0/
transaction of business.—lnverness Courier. foloatD2r?
A LONG-LOST WATCH FOUND.--'A of % 3 'pi'
John Snowden lost his watch upon the moors ow la:
berland in the year 1836, and in his rarable,s. tsc'i,of
discovered his long-lost timepiece, near Crogant. Pogo;
where it had no doubt lain ever since it was les little d'
up, and having wound it up, to his surprise the
instantly resumed its former movements, hie.
ever since, and kept time with great reg.uoirct pe`
and inside works were not in the least injure 'ter cs ref
ception of the steel spring which fastens the oui
was much rusted. It is very remarkable thsyttiadvg
penetrated into the inside, although it had Isin4cerets es
posed to the winter's pelting storms, and the etP-
-0
of the summer's sun, and must have been In fs .011
bedded in deep snows.—Cumberland Pacquel• unitte
t;e9
THE TICKET BH.L.—The framevvanodrl:l,ooof
diees
jeifillot;f
body, are doubtless aware that the Ticket Dill °t
will become law on the Ist of January,
compel each manufacturer to give a ticket 'lPtheo4,l,/ of I/
work, specifying the quality and the price file r0`00454,4
This has already caused much confusion in !,.beisghelliti:sl,
middle men or agents, and attempts are 00.'00
make up the loss which they will sustain thr ove i;ose0,00
Bill, by reducing the men's starvation price.,, „ets. 1001
offered plain silk half hose, last week, at 6":,;otbetose,
than some of the employers, and Is. less ths"ose r.4ted 00'
would have been 'a reduction of ls. 6d. in theca rOisreres6l
3s. in the other, in a week's earnings. The in be lie i•sfe,ro
d t Atst .40
encroachment, and as the work was wanted t 10- or
sented to give the price • but the individual
liiiti to • swore
to work under price he 'has turned away,
words, " boiled off ;" he also refused to give old, 01140
troll f 0 jj,
seven pair of hose, that came to 4s. Bd., 2s, 20',.er,
ducted 2s. 6d. for frame rent, leaving hiw Joo' of
upon the ensuing week. The association, 014.11.14,g0
aken the man under their protection. ,VP104,04e
WEYMOUTH.—GLUT OF HEREISGS.,,,
two millions of herrings were taken betweir Pre''ore_ell r
and Tuesday morning, on the north Shore,br eie oeeot e`heti
Brake. The fish were sold at ls. 6(1. ilies
lrs."
market, and for ls. on the beach. There
..t.„, Lear 10
large a draught on our coast for the last f°' ditiet;
re r roi
borne Journal.
__We St th crow
ENCOURAGEMENT OF FISHERIEs• 0,10.1_"tio0
learn from a correspondent that the Gos e,4otas
the Fishery Commissioner, are collecting "'to thee,o...•
the various officers on the coast relater _e ea, „•
al
erD.
the assistance required by the fist'
51$ 01.1.00
Constitution. Stearn erictinierl-it
A SIGNIFICANT FACT,_The Ano A- her
lately captured off the coast of Africa Wur_ed 11 e
wor Alec' 0
with' her high-pressure engines, as': owe
Ing P ddie sie
engineers. The nature of her propel., , e pa o, c
is the screw, the screw-auxiliary, or tu wad
doubtful. When captured, she had on
sIAYN!