The Sun.
London, England, 1845-11-27 00:00:00

EXCHEQUER.-(THIS DAY.)

(Sittings after Term before the Loan CHIEF BARON and a
Common Jury.)
DINMACK V. LINTON.

This was an action of assumpsit, brought by the plaintiff,
to recover damages from the defendant for a breach of con-
tract.

Mr. Martin appeared for the plaintiff ; and Mr. Pollock
for the defendant.

The planitiff was a commission merchant, carrying on
business in the City, and the defendant an iron merchant.
On the 23d of of August last, the defendant contracted with
the plaintiff to deliver him a quantity of iron on or before
the 22d September following. The defendant, however,
failed to deliver the iron, and the plaintiff brought the pre-
sent action to recover the loss he had sustained by the
breach.

The jury found a verdict for the plaintiff, with 1,130/. da•
wages, and 40s. costs.

CANNAM AND ANOIDER V. LYONS.
This was an action of assumpsit brought to recover 50/. on
a promissory note, payable seven days after sight, to which
the defendant had pleaded that he did not make the note,
that the plaintiff induced bim to borrow the 501. by
means of fraud, coven, and misrepresentation, and
that he was so drunk and intoxicated at the time he signed
the note that he was entirely deprived of his understand-
ing, and he did not know that he was making any contract
at all.

Mr. Otter appeared for the plaintiffs, and Mr. Pearson for
he defendant.

11,1r.OrrEn stated the case for the plaintiffs. They were respect-
able tradesmen of the city of Westminster, and were members
of the Metropolitan Loan Society, in Craven-street, Strand,
which he understood had done an enormous amount of business.

during the last three years. The defendant, in the middle
of March last, applied to the society for the loan of
501., and on the 18th of the succeeding April he re-
ceived the money and signed the note in ques-
tion. The handwriting to the note was admitted
by a judge's order, and he had only to put that order in to
prove his case.
The order and note having been put in accordingly,
Mr. PEARSON addressed the jury for the defendant. his
Learned Friend had represented the plaintiffs to be respect-
hie tradesmen, but he would ask the jury whether it was the
practice of respectable tradesmen to connect themselves
with !oan societies, which had become the pest of the metro-
polis. Some years ago an Act of Parliament was passed for the
encouragement of friendly societies, and the majority-
of these loan societies were established under
that Act. But the members of the Metropolitan
Loan Society had not complied with its provisions, for their
rules were not enrolled, and, therefore, their proceedings were
fraudulent. It was true the defendant had borrowed the 50/., but
it was upon the understanding that he was to give security
for its repayment by weekly instalments of a pound a week.
The plaintiffs, however, get him while in a state of intoxica-
tion, to sign a note for the amount at seven days' sight, and
he contended that this entitled him to say the note had been
fraudulently obtained.
Evidence having been adduced .in support of this state-
ment,
The Learned LORD CHIEF BARON summed up, and the jury
immediately afterwards returned a verdict for the plaintiffs
for the full amount claimed.

COMMON PLEAS.-(THIS DAY.)
(Sittings at Nisi Prius, before Mr. Justice ERLE, and a Mid,
dlesex Common Jury.)
WHEELER V. WHITE.

This was an action on a bill of exchange, which occupied
the Court the greater part of the day.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner GOULBURN. )
IN RE HENRY PARKER.-IMPORTANT CASE.

An application was made by the solicitor to the insolvent,
whose petition stood adjourned sine die for leave to
come up for re-bearing, on the ground that the insol-
vent had since petitioned the Insolvent Court, and Mr.
Commissioner Law had most distinctly said that he consi-
dered the insolvent entitled, on the facts, to his discharge,
but could not make any order whilst the petition was pend-
ing in this Court; the dismissal of the petition, therefore,
would even be preferable.
The COMMISSIONER asked the grounds on which the case
had been adjourned?
The Solicitor said that the insolvent had assigned his pro-
perty to a pressing creditor.
The Learned COMMISSIONER said that was a good ground
to reject the petition. The object of the Legislature was to
protect those persons who were unfortunate enough to be-
come insolvent without any fraud.

The Solicitor said the case had been gone into much more
fully before Mr. Commissioner Law than before Mr. Com-
missioner Fane, and, unfortunately, unless the Commissioners
of the Court interfered, there was no remedy by habeas or
otherwise; and the Vice-Chancellor Bruce had decided that
the Court of Chancery could not interfere to compel a re-
hearing or revision of judgment under this Act (5 and 6 Vic.)
The Learned COMMISSIONER arid he could not take upon
himself to rehear a case already decided by another Commis •
sioner ; but if the applicant would obtain an affidavit of the
fact that the case had been before Mr. Commissioner Law,
who was willing to -let the insolvent pass, he (the Learned
Commissioner) would give an order for the defendant to come
up again, but it must be before Mr. Commissioner Fane.

The Solicitor said that there ;;sc;;;;;;;PecialCl;cum-
stance in the case, and that was that Mr. Turquand, the
0fa.1.1 nae:swieet 114 r. Cooke, the barrister engaged in the
case, and he (the applicant), all understood that the petition
was dismissed, but on the record of the Court it appeared
that the case was adjourned.
Mr. Turquand, the official assignee, who was present,
said his impression was that the petition was dismissel.
The Learned COMMISSIONER said that he could not inter-
fere in the case further than on the affidavit being sworn,
making an order for the insolvent to be again brought up.

SHERIFFS'__COURy..7(THIS_ DAY

(Before Mr. Under-Sheriff BuncnELL.)
DIGHT V. SCOTT.

This was an action to recover the sum of 18/. Bs. 7d. for
money lent, &c. The plaintiff and defendant are both attor
neys, and were formerly on friendly terms, but having dis-
agreed, a settlement of accounts was insisted on by both
parties. The defendant had given an 10 U for 10/. 10s. 6d.,
and the difference was for a share of costs in some business
done where the defendant had introduced the client. The
defendant contended that he was entitled to one-half the
profits. The bill amounted to 221., and the profit 161. Wit-
nesses were called to show that one-third would be a fair
allowance.
The UNDER-EHERIFF said that it would be much better
for two gentlemen of the profession not to quarrel about the
division of the spoil, but to have it arranged by a mutual
friend.

The jury said they thought the best was to leave the par
ties to themselves.—(Laughter.)
A verdict was taken for 71. lls. 4d.
ROBINSON V. CRIPPS.

This was an inquiry to assess damages for illegally ferry-
ing over the Thames. The damages were laid at 1,0001.
The plaintiff is the lessee of the tolls of Kew bridge, and
under the 22 Geo. 111. all watermen were prohibited from
conveying passengers from the steps on the east side of the
bridge to the west, or within the hamlet of Kew. A steam-
boat company had been started for the ferrying of passen-
gers at the same price as the bridge toll, and on that com-
pany giving up the scheme the watermen began plying with
their wherries. All the others, however, had desisted on
being warned, but the defendant had chosen to represent
them, in order to try the question. His profits at id. per
head was stated to average 31. a week.
The jury gave 10L damages.

CRIMINAL COURT.-(THIS DAY

OLD COURT:

(Before the LORD CIIIEF JUSTICE and Mr. Baron PARKE.)
Edward Powell, son of the clerk to the Solicitor for the
Mint, and who had been employed in a confidential character
by that officer for a considerable period, was charged with
having uttered a sovereign, knowing it to be counterfeit.
There were other counts in the indictment, charging him
with having in his possession a number of counterfeit coins,
and tendering the same. The prisoner this day surrendered
to take his trial.

Mr. Bodkin, with Mr. Clerk, were for the prosecution
which was instituted by the Government; and Mr. Clarkson;
with Mr. Doane, attended for the defence. _

Mr. BODKIN stated the case to the jury at length, but the
circumstances involved in the transaction will be fully seen
in the evidence adduced before the Court.

Amelia Johnstone was the first witness called—She said
that she lodged at 40, Little Portland-street. She was, on
the 12th of the present month, in Regent-street, about nine
o'clock in the evening, when she met the defendant. She
was in company with him on the night before, and on this
occasion he accompanied her home. He remained with her
about half an hour, when they left together. He accom-
panied her for some distance (about twenty minutes' walk).
He did not remunerate her in the house, but in the street
he gave her a sovereign. She gave it him back because it
IVES not a good one. She told him it was not good, and he
put it back in his pocket. He then offered her three others
to take her choice from. She told him they were all bad, and
he said he had no more money. He afterwards returned
them into his pocket. She called a policeman and gave him
in charge. She accompanied the prisoner and policeman to
the station-house. On the way there he • offered her five
shillings, which he had got from a policeman. He offered
her three shillings first, which she refused, and he then added
the other two. She did not then wish to press the charge,
but was afterwards obliged to do so.
Cross-examined by Mr. Cf./au:sox—She did not particu-
larly observe the prisoner's dress on that evening. It was
immediately under a gas lamp that he gave her the sove-
reign. The light was very strong, but she did not notice
that he was agitated.
Police-constable John Edwards was called by last witness
to take the prisoner into custody. He was given in charge
for offering a counterfeit sovereign and having three more in
his pocket. As they were going along they met another
policeman, named John Sergeant, and tbe defendant borrowed
five shillings from him. He did net see the defendant offer
the last witness the five shillings. Mr. Rawley, an inspector,
was on duty at the station-house, and he knew Mr. Powell.
When they offered to search him he:said it was unnecessary,
as he would give up what he had on him. He then surren-
dered four sovereigns, two half-crowns, four shillings, and
two sixrences. He took them from different pockets.
Cross-examined by Mr. DOANE—He did not know Mr.
Powell, when be took him into custody. He did hear him
say at the station-house that the mistake had arisen in
changing his trousers.
By Lord DENMAN—He did not say so before he arrived at
the station.

Rawley, inspector of police, said he was on duty at the
station house on the 12th of this month. When defendant
was brought in he walked up to witness, and said this womaa
has given me in charge for passing a counterfeit sovereign.
Witness called in the policeman, and he informed him what
the charge was. The woman said that she did not now
wish to press the charge, as she was satisfied. He explained
that the money was received in process of his duties before
the magistrates, and he had it on him in consequence of a
mistake in changing his clothing. Ho was allowed to go
home on that evening in consequence of the woman declining
to press the charge. He came back in the morning, and
inquired if a report was made of the circumstance to the
Commissioners of Police. Witness declined to answer him.
He did make a communication to the Commissioners, and
they directed that he should be taken into custody, which
was done on the same day.

John Field, Inspector of her Majesty's Mint. lie knew
the defendant, who had been assisting in the solicitor's office,
where his father and grandfather were employed. The de-
fendant had been engaged there for about three years.

--------- .
h urd in'
Cross-examined by Mr. DOANE.—The young mollno --8 Able
therto borne a high character fur honesty and ho
conduct.
all Leoßy Mr. CLARKSON—The counterfeit coins had
evidently in circulation.
This closed the case, and Mr. CLARKSON then rose to it
dress the jury. He did so under feelings of the deePret
anxiety, arising from the nature of the charge,
with the situation which the defendant had held in the eesive
blishment of the Mint, but he felt also that a jutY 4 Theca
intelligent men, taking the facts of the case as theY 0" co
elicited, into consideration, and weighing these facts in ,01.
flexion with the knowledge that it was no unusual thingt:tr,
the defendant to have such coins in his possession, be (c,o
Clarkson) was confident that, all these circumstances s
sidered, lie might confidently expect from their good sett!,
as connect:
verdict of acquittal for the young man before thew. .ro,
now, he would calmly inquire into the evidence addire_t_lt, lt
the woman whom they had before them. The defen.loc ~,.
was seen, was in lawful possession of these counterfeit. l'ilt;
with '
a view to the prosecution of the duties with obiccrotigo
had been entrusted. He drew from his pocke,t a sof twe
(under pocket a as lam
bad p bc isoveret remign em
sobered)-- bad lic drew it
his k a —e did
could not possibly deceive even the most ignorant li.
creature
this even although he was known to the unfortunate
to the
herself, and he (Mr. Clarkson) would at once
put It other
jury if any sane person wishing to palm a base coin on a pother
would have acted in, this truly ridiculous manner?.
tit:tioo
they really think that a young man holding his 51Iseser,
would have wilfully committed himself in this manner'
would
knowing, as he well ought to do, that a discover,' ,„otily
throw him into the very hands of those be would na_nr ec•
be most anxious to avoid? He explained how the er"iis bil
curred, from the circumstance that be bad chalet er
trousers in the course of that evening, Inc.was not t would
planation perfectly satisfactory? He (Mr Claiksoo).t c0'14.--
not insult the judgment of the jury by supposing that I,segth
be otherwise. The Learned Counsel proceeded at grcsht ;rote
to argue that the whole circumstances were of that c , before
that the charge itself should never have been brougb.
that Court at all. A Rclisrd
Joseph Blunt, Esq., solicitor to the mint, ano -I.„esli
Griffiths, Esq., solicitor, of Gray's Inn, were called to k
to character. A ind lii‘t
Lord DENMAN summed tip at great length, on- swbetbe!,
the only matter for the consideration of the jurY Wes
connote
the young man before them had tendered the olds
sovereign knowing it to be a bad one.
in order that they might throw every other idea nSatlisa
look to this, and to this only. It was difficult to ;pis
looking to all the evidence before them, and Onsidetieted ill
position that the defendant held, that he could Wetted toty,
this manner if he were aware that the sovereign be ke IV/
dered was a bad one; but if the jury thought otherwg in s
must, however, disagreeable the duty might be, brin
verdict of guilty. ptio-
A tb°
The ju He rnentiei,_ so
ry, after consulting for about half an hour,
~.
defendant Not Guilty, and he was at once discharg Pt ie osr
Charles Carter, whose case was briefly referred
ivetiejadr
yesterday'spaper, was brought up this day to rece " tit
went of the Court. f p
The Loan CIIIEF Jusnca ordered that sentence.eted t
should be recorded against him, which will be 01111"
transportation for life.

NEW COURT.
(Before the RECORDER.) t claittAil4
James Lowe, 18, pleaded guilty to an indictnie°
him with stealing from the person. ee had bite:4
The RECORDER said that there was proof that 3. otes '
convicted on the 12th of May, in the present Yea,r'tlst "0"°,0
lead, and sentenced to four months' imprisontne";„ takenos
bring him out in September, and yet be was ag,-eotletelio
the 19th of November in the act of picking a rso
pocket. There was no hope that he could do Igo y
this country, and the sentence therefore wean of
transported beyond the seas for the term of 10 Yc'" ortro.,
Daniel Harvey, aged 19, pleaded guilty to of
stealing some trifling articles of property of the "
the property of his employer, Mr. Ditchburne.
Tue RECORDER asked the prosecutor if he ktie"
_a
of the prisoner. ler-eie°
The prosecutor said, that the prisoner was sofa pt4,siog
labourer, at 2s. 6d. per day, but for three vre.„e ec_Arieo,
to the commission of the robbery he had br pco
not more than from 7s. to Bs. per wee.. ~,, Jr; bi
had been made, and it was found that not on/Y40.11 0101
was in distress, but his mother was in want Oen. len
gave every penny of his wages to support ber• nosidtt to
to recommend the prisoner to the favourable roe'
of the Court. Still he wished some little irnrg"
°1 of
be inflicted as a warning to him.
The RECORDER said that the case was one which be hervicei
mitigating circumstances. The prisoner, ouch 0,03
in distress, increased his own wants by giving °as rel',;e4
to his mother. Such a circumstance by ne t°;.„6-nositie."
all blame from the prisoner; but still it was eVevert7c le'
to regard it as a mitigating circumstance•
when persons robbed their employers, it was neeiserd;ei to
flict some punishment, as, in case of any reieP,nors,,im
on the part of the Court, others would be thate he
commit similar offences. The sentence was
prisoned and kept to hard labour for one montb.
tobeo,
Charles Barrom, aged 26, was indicted ter eaoper t:
secreting, and stealing the sum of 8/. Ss., the g
g
Robert Downs, his master. by
tier
Mr. O'BRIEN stated the case for the prosecu
00
The prisoner was undefended.alter' res
Robert Downs stated•that he was a bedstead vimlet I.l'
ing in Whitechapel. The prisoner was in in hind io
the 17th of Sept. he sent him to a Mr. Cartei bilel‘ifot
nories, with a bill for 8/, 25., telling him to be qui.ed
the money, as the men were waiting to beg ,;isig eilie
with the bill, but did not come back again. -,n be
the Walworth-road on the 10th of November, vi"- )I'. 'or
,
all knowledge of the transaction. the 1011,
Robert Carter stated that his father resides wri, ford' tio
ries. The prosecutor is in the habit of doing:6lo
On the 27th of September the prisoner came il'"; lie
and a bill for 81. 2s. Witness paid it to him, 4,9
place.
The prisoner denied the offence, and called -
prove his previous good character.
, iniPnu
The jury returned a verdict of Guilty.
The RECORDER sentenced him to nine 111011t-
meat and hard labour.
CLERKEN WELL.—(THIS P
Richard Ogers was charged with being 'OlO
`"
Sadlers Wells Theatre, and assaulting Doves, money °
at the theatre. ote
The prisoner entered the theatre drunk And 111,611re t!e.4i4
being admitted int* the house. Dawes and othetebiee
terfered to prevent his entrance when be resist
Dawes a black eye.
The prisoner was fined 30s. or 10 days'
o,beor
--
---- The
...,413 eii
MORTALITY IN THE METROPOLIS. mil
of deaths was 909, showing a decrease of 32 as e`tie
the preceding week. We are glad to find that eau
from measles is on the decrease, as well as 1,
diseases of the lungs and other organs of respirat.'ii°e sly ffo
ing-cough exhibits returns considerably abect,-„`,..
but still inferior to those pf the week endiiig,r," fre"fre
violent deaths were 23, of .yrhich 8 were tr"-,„,,, 2,, oe°
and collisions, 7 from drownin,T, 5 from lord. Ow
hanging, and 1 from murder—it child. We P"
neteti:
suicide. ge ste
AFFAIRS OF THE RIVER PLATE."II° tics
entrusted with the memorial to Lord Abel:nee% b tti
policy of Government, wbith was signed 011!e.
British merchants residing at Buenos Ayres, tilt 0,5 vjg
great majority of them positively refused to sigl„,e ""
to themselves and their property, had an interv'ti-a
Foreign Secretary on Wednesday. We underetiLut 11,` v't,
Lordship gave them a very good reception' wee", il7d
quietly inquired what course they would reee°l„cieti°,;ioi,l'r
adopted, and that they left him with a full ee-minel'e
the Government was determined to persevere in 'lt levoe'",
the independence of Monte Video. By elei°gp'rivell
vent the establishment of Roses' anti-social At°-,-0
on the eastern side of the river Plate; will ife,'"i;o
munication with the interior by the waters of ',Jon) -of iv
and will uphold the system of commercial fre'ities
tanned at Monte Video through all the did rt
Republic.—Liverpool Times.
SHANGRAL—Letters received from tetl' t billi
form us, that the trade is going on pretty Well.4, '
deers h pie
and silks brought forward are finding purer," tratii,e'otP:
rates, but long cloths, the staple article of En"'
a downward tendency. There is a probability eceriell7iiisi'
Balfour remaining as Consul, in consequence of sloe 61111'
of the oties cite
cation from the home Government. Two
ings have been completed and are inhabited, the Pin tbeesPj
ing themselves much more comfortable tballiiew ileep
Several other houses will be occupied before the eorCeceifte4
heavy gale of wind had been exerierored,,.,,ietvigo d
and Shanghai, but we de not bear of ARY is• CO oellif.
by the shipping. Moat of the business tiered tbeto°lo,rlloA
through two Cantonmen, who have establise- dot ''
as brokers. Other native bongs show an ineliother Agnew;
forward and act for themselves, using sem,e„t° OritteestSe
men as interpreters. Another nellue-
corres . risis‘on
"Shanghai goes ahead. An English town '5 ,g," vio
the ground set apart for the foreign resid.,,en-4013`-0 tit
other hand, Ningpo does not advance. Mr. i"",„2.,
only English merchant there, has left, or is lade tom I
his brother in Shanghai, there being no tra(„l.legpeto,
worth his while to keep up an establishment Sit:',,,-)10/Vj of
friend thinks the hopes of increased trade at Fuv- ne
not be realised.—Hong-Kong Register, Sept. 50. tbevi I t",
A curious illustration of the cireultnr rde
1,5`011,1
storms has been afforded by a circumstance rcs--..
log of the Charles Heddle. For four days,
the 28th of February, in this year, she scud de
sit ry-bee
round in a hurricane circle, during which time de
wards of 1,300 miles, and the direct distance VII foc.er
from point to point was only 354 miles.—Fahn°l
WINDSOR, WEDNESDAY EYENINTrof esliocee
had been made for the departure of the Duebe,sso. tee°6oeed
day from Frogmore House, to pay a visit, einrl.ll,7s, th.,e aft -f
of the Court from the Castle, to her 318.1e,:,-•erelkeet'7(
Dowager, at Witley Court. In consequence, -"tee e-ied
Majesty's not having entirely rocovered fremn nostef4o,
her recent indisposition, her Royal Highness reoce ',ye;
intended visit for two or three days. Intellig i,oo Cadet
reached Windsor this afternoon that her lgekiestircitlef Joie
valescent, her Royal Highness will proceed to Ve
on Friday, and remain upon a visit to tine Quee • el/1
until Tuesday or Wednesday next. v, eve!
A RELIC.—A rather interesting re"snreillue
vered a few days ago un the shores of St. -'-' in tiOttil
t l~bf
While Mr. Robertson, agent gleman who resides
attrsed tve
lity, was rambling upon the beach, his eye, `',Asiee(fi7re c?,;
a small dark and rusty-looking object 131n."' driolnici,
shingle. Lifting it up, he found it to be 3to
similar in shape and general appearance to tbernish ".0e
111„t
to be seen in the paintings of the old Fiepd to 4111)0"
The date of its manufacture cannot be aesign- sod i-ol•
less remote than 400 years. It has two handles:o IV fie
double the size of a common claret gLesAs•-"ccjoerra. ilrpticsis°o
ERUPTION OF MOUNT HECLA•
received from Iceland to the 12th of October, lorieoceii's.4oo;
Mount Hccla still continued with the sons T joter"d itP
lava ran from the south-west crater without, hopcoolo
and had already covered a space of 3 miles, eiletAef
mass in a plain at the foot of the mountain Su etear„liresV
height. This river of lava presented on °Let its v
spectacle at once magnificent and imposing. inctstiep
Ii
picture to himself a river of flaming fire Precor,iog ele,et
from the summit of a lefty mountain, and as°ll soy a`° •
vances from the crater a redder colour, or 3 oily 0, tbell?
red. Three immense columns of smoke COns° gpres(l.o3 VIJ
from the three craters which had formed eratiis per.leubl,
selves over the .surrounding districts. UP ees orbit rerf,Ple
lava bad not destroyed any farm, but tbe 110 0° t
; je th
fallen into the meadows had already eXerc.6 wg• 10 ,Itir
cious effects upon the cattle,
districts as many as 40 had perished. he I- soli °,•Je,"O
district of .Rangarvalla, situate to there s 1), con-ls
especially the eenotgreSi flew
were entirely devastated on the first eruption
.1 tbAt
..sjl it
quantities of pumice-stone, and it is feare.luch anc;beit I,
number ofsheep perished on the occasion-
the
as ises,,es
to
is felt at the duration of the eruption, tto
cite
receives fresh supplies, always approaches aegis
'Otellbef'
tivated lands. 111 eyolof
The General Steam Navigation ConWa
'°7i af
sv-
run a packet between Brighton and Dieppe dill'c
is or esr'
which they, have never done before, and it the
they will keep the communication open darn