The Sun.
London, England, 1842-03-10 00:00:00

CLARKE V. TIPPIN.

This case came before the Court on demurrer. The cue is of no
interest except to the parties concerned, and the arguments were
not concluded when his Lordship rose.

ROLLS' COURT, March 9.
JODNSON V. TODD.
The arguments in this case were resumed to.day, and engaged
the Court to the time of its rising.
His Loßtisnip rose at half-past three o'clock.

POLICE
INTELLIGENCE.
AIANSION-110USE.
The LORD MAYOR stated that he felt
tv:ery great pleasure in pub-
licly mentioning that he had received fol:owing communica-
Sun from some gentlemen at the west end of the town, who had
interested themselves most humanely and actively fur the benefit of
the distressed people of Spitaltield
rr my Lord,—The Secretary and two of the Committee of Trades.
men, at the west end, have exerted themselvis to get up a ball, in
aid of the funds collecting for the distttitriest..e:tret
lSet:it, asltti.elmwese,a;:eorsi;
which took place at Willie's Room., K
Tuesday, the :22e1 of February, and well knowing the interest your
Lordship has taken in their behalf, have Liken the liberty to wait
upon you to solicit your kind a.tvice as to the method it will be
necessary to adopt for the distribution of the proceeds, viz.
163/. Os. 6d .—Awaiting your Lordship's reply, we are, my Lord,
your obedient, humble servants,
" 11. P. FOI{ES, 3, Spicr-street, Leicester-square.
" EDWA 11 1) ,CUTLEII, 8, Hanover-street.
" P. FIRM'S, 133, Strand."
The money was fortliw.t II transmitted to the Conintee.
Riehard Hitchooek, who was last week charged wi'!i having de.
frauded Mr. Hinton, formerly of the house of Taylor and Hinton,
Queen.street, Cheapside, of various sums of money, amounting to
upwards of 1,0001., under the pretence of carrying on a suit in
Chancery on behalf of a man who had strong claims to an cnor.
rog,t' property, was brought up fur final examination,
par zm ai.onpen attended as so;icitor fur the prosecution, and Mr;
ared fur the pti.oner.
The prisoner, who _ is the husband of Mr. Hinton's wife's mother,
applied. as wa,sr-
WA' uPou the first examination, to the prosecutor

t advance the means of carrying on a suit in Chancery for a man
named Walls, who resided at Ingatestone, he (prisoner) well know-
ing that the business had been long terminated, and the proseutor,
although put upon his guard, continued to supply the cash required
by the prisoner, who regularly pocketed it, and made his dupe be-
lieve that the case had been decided in favour of Wall, to whom
hundreds of thousands was to be handed over, and also was to re-
ward most liberally the kind individual who had supplied him with
the means by which success had been secured.
Sir Chapman Marshall, who presided when the first examina-
tion took place, remanded the prisoner, in order that Mr. Taylor,
of the firm of Shaw and Taylor, solicitors, might be called upon to
attend, to give evidence upon thesubject.
Mr. John Taylor attended accordingly. The witness stated that
the prisoner brought a man, whom he represented to be a Mr.
Wall, to their office in Fenchurch-street, and said that Mr. Wall
was entitled to several hundred thousand pounds, and had been ad.
vertised 11,r a few years before in the public papers. The prisoner
then expressed a wish that witness would take the business in
hand. Witness desired to see the advertisement, and after having
seen it, called upon Messrs. Teasdale and Simes, of Fenchurch-
street, solicitors, who had put in the advertisement, and was in.
formed by them that it was all at an end. Witness then returned
to the office, and told Mr. Wall, in the presence of the prisoner,
that he had better go home and till the ground, for there was no.
thing for him. This occurrence took place, to the best of witness's
recollection, in 1839; but he had taken no memorandum of it
whatever. He was however sure that the prisoner heard him tell
Mr. Wall the result of the inquiry. He never afterwards saw the
prisoner.

In answer to Mr. Pelham, the witness said that a person, whom
he believed to be Mr. Hinton, called upon him about, as well
as he could remember, twelvemonths ago, and spoke to him on the
subject, and his answer was that he had nothing to do with any
property of the kind described, and that he knew uotking of any
such property. Witness did not hear that Mr. Hinton had ad.
vanced large sums of money for carrying on equity proceedings.
Mr. Pelham said it appeared from what had been stated in the
course of the examinations which had taken place, that the prose-
cutor had advanced money to the prisoner even after the interview
had taken place with Mr. Taylor.
Mr. Hinton said there was no foundation for stating anything of
the sort.

In answer to a question from Mr. Bozon,
Mr. Hinton said that he was induced to draw his money from his
bankers, and hand it over to the prisoner, in consequence of that
person's solemn assurances that all was right, and that the immense
property was becoming, and at last did become, the property of Mr.
Wall. He was sorry to say that the prisoner's wife joined in car.
rying on the deception.
'the prisoner was then committed for trial.
WORSHIP-STREET.

MAKING AWAY WITU A BENEFIT SOCIETY'S FUNDS.—Yesterday,
Robert King, late landlord of the Blue Bell pnblie-house in BelL

court, Long-alley, was re-examined before Mr. BROUGHTON, the
sitting Magistrate, upon a charge of making away with upwards of
70/., the monies of a benefit society called " The Independent ;"
which is termed a " Birmingham" Society, the members of which
contribute a certain sum weakly for mutual benefit, and at the end
of each year mak* an equal distribution of thejunds its hand.
The accused had since the first examination been out on bail, his
own recognizance in 2001. and two sureties of 1001. each. Mr
Doane, barrister, was retained for bins, and Mr. Hurst, solicitor
conducted the case for the prosecution.
The prisoner, himself a member of the society in question (and
of other societies, held at his house), was charged under a clause of
the act 10 Geo. IV., c. 56, which, if an officer or member, or other
person connected with a benefit society, fraudulently get possession
of monies belonging to the society, or having possession of such
monies and unlawfully appropriate them, empower a magistrate

upon proof and conviction, to order him to pay double the amount,
and in default, to commit him to the House of Correction for three
months.

The case in hand had evidently excited intense interest, and in
the course of the discussion various points were raised of the utmost
importance to Benefit Societies generally.
The facts already proved were the following
,
The officers of the society had been in the habit of handing sums
of money to the prisoner to be by him conveyed to Messrs, Meux
and Co., the brewers, who paid 5 per cent interest upon monies do.
posited in their hands. and the prisoner's signature in the Society's
book was taken as proof of his having so deposited the mo-
nies. Some time since, however, it was discovered that he had
not deposited with the brewers upwards €179/. intrusted to him
last year for that purpose, although he had so entered it in the
book. When called to account for this by Mr. Clarke, one of the
Trustees, the prisoner told him not to be uneasy about the d--
money, which he promised should be forthcoming at the next
meeting night. The day before that meeting took place, however,
he left the house, and was succeeded in the business by his father-
in law. Last week he was apprehended in the City, and taken be-
fore the Lord Mayor, who sent him to this Court in custody of a
City policeman. Mr. Clarke, the Trustee and the Secretary, also
proved the receipt of the monks by the prisoner, and his entries in
the books.
Mr. Shurg, Messrs. Meux and Co.'s cashier, attended with his
books, and proved that the prisoner had not paid any such sums of
money to their house in :841, nor any sums in fact since 1839.
The Learned Counsel for the prisoner pointed out that the
Acts relating to such societies specified the way in which their
monies was to be invested, namely, in " Public Securities," and
not in titivate hands, and made other provisions which had not
been complied with, and he stated other objections which, how_
ever, tvere disposed of at a former examination, and the case
was the., adjourned fur further proof of the enrolment of the
society, and production of a certified copy of the rules.

Ytsterday Mr. Clarke produced a copy of the rules, the same
which had been returned to the Society after enrolment, with a
certificate written upon it by the Deputy.Cleik of the Ileace, au.
thenticating it as a true copy of the rules which had been ap-
proved by the Justices iii Session, and placed on the rolls of the
Court.

Mr. DuANR observed, that this was a printed copy, and not a
transcript of the original in writing, such as, he condended, the law
requited. The 4th section of the Act to which he referred slated in
exact terms that previously to enrolment, a transcript fairly
written on paper or parchment, s'gned by three members of the
society, and countersigned by the Secretary, should he taken to the
barrister.at.law, appointed for that purpose, who, after finding them
unobjec!ionable in law, ,hould give his certificate to that effect, the
rules to be then forwarded to the Clerk of the Peace, and npon
approval by the Justices, to be put in the rolls of the Court, and.ple
Clerk of the Peace was then required to write his certificate upon
a duplicate copy proviJed by, and to be returned to, the society.
Ily a subsequent section, it was enacted that a transcript, a true
espy, examined with the above, and proved to be a true copy.
sheet, be received as evidence in any case. Ile submitted that a
manuscript was what was required, and not 4 piinted copy.
Mr. Hunt contended that a transcript did not necessarily mean
a manuscript, and that the copy produced was sufficient evidence.
The copy had originally been sent, as repuired by Mr. Tidd Pritt.
the barrister, who gave his certificate, and afterwards filed by the
Clerk of the Peace, upon approval by the Justices„ and here was
produced the copy which had been rctureed to the Society from
the Session, wills the written certificata of the Deputy clerk of
the Peace. An adverse decision in this case was to place no less
than 600 societies in jeopardy, for their proceedings were the same.
Mr. BROUGHTON, finding the matter to be of such serious im-
portance, adjourned the case for a week, and the defendant was ad.
mitted to bail as before.

The Solicitor informed the Magistrate that if the prisoner should
be discharged from this, he should next week hare to prefer a fresh
charge against him, of making away with a still larger amount of
money belonging to another Society that had been held at his house.

THE M

COAL .N

LRKETS.
ARKET.
st market .day, 49

Ships arrived since la
• d.
Bell, Robson & Co. Hartley 16 0
Holyweil Main lB
Nelson's West Hartley 1; I.
Old Tantield l5 1
Ord's Redheugh l5
West Hartley
Wylam l7
Walls E d ksetvic,,eaud C.• l9 3
Walls End e;osforth
Walls End Killingworth 18 e
Walls End Nevrmarch 17
Walls End Northu.i berland 17 0
W. E. Bradclyll'sHettoti '2O 1
Walls End Haswell ... 40

s. d
Walls End Lambton
Walls End Russell's Helton '2O 6
Walls End Stewart's
Wills End lieugh HAI) 2l 0
Wall+ End I.4eymour's
Wa,ls End I arrimiton 'lets 17 U
Wa'ls Ei d Bowburn lB 6
Walls End Brown's Deanery 18 0
Walls End Gordon l7 0
Walls End St.tHelen's Tees 18 6
Wal s Fii d Tees
Howard't Nesherton Main 17 0
Newton Main l4 6

FATAL ACCIDENT AT THE GENE-

RAL POST-OFFICE.

On Saturday afternoon Mr. Payne, City Coroner, held an
inquest at the Mourning Bush Tavern, St. Martin's-le-Grand,
on the body of Mary Witchell, aged six years. It appeared
from the evidence of Mr. John Gottick, and of City con-
stable 463, that at about a quarter to six on Friday evening
they saw a mail-cart that had been driven in at the-Newgate-
street entrance of the Post-office, proceeding at the rate of ten
miles an hour, within the railings round the eastern side of
the edifice. As the veticle was traversing the public foot-
path that leads from Flister-lane to the back entrance of the
Post-office, the horse by which it was whirled along knocked
down deceased, who was running across the footpath, and the
near wheel of the mall-cart passed over the girl's head,
fractured the skull, and caused instantaneous death.
Both these witnesses said the driver of the cart made
no attempt to pull up his horse until he got to the
door of the general letter-office, about twenty-five yards north
of the footpath on which the child was killed. Craddock, a
constable at the Post-office, and Hammersley, a guard, who
was in the cart at the, time of the accident, said the horse was
travelling at no more than eight miles an hour, that both driver
and guard gave notice of danger by hallooing to the persons
crossing the footpath, that the deceased child shot out suddenly
between the horse's feet, that the driver, directly he perceived
the child, endeavoured to pull up, but that he was unable to do
so in time to obviate the occurrence. The cart came from the
receiving-office in the Borough, and a quarter of an hour was
the time allowed to perform that distance. If the driver had
been behind time he would have been reported to his superior.
The Coroner pointed out to the Jury the obligation the driver,
being in the public service, was under to travel at greater
speed than would be necessary in ordinary circumstances.
Besides, he was not driving in a public thoroughfare, unless
the footpath alluded to could be considered as such, and in
addition, the evidence was fairly divided for and against him.
He hoped the Post-office authorities would order the mail-carts
to be driven of an evening into the yard through the north-
western gate in St. Martin's-la-Grand, fer then the lootpaths,
that at the Newgate-street entrance, and that on which the
accident had taken place, both always crowded towards the
hour of closing the aloe, would be avoided. Mr. Fortune,
clerk of the works said, no alteration could take place unless
ordered by the Noble Postmaster- General, and that since the
present accident had occurred a suggestion similar to that ex-
pressed by the Coroner had been communicated to his Lord-
ship, who, no doubt, would cause it to be adopted. Verdict,—
" Accidental Death," the Jury recommending that a little
more caution should, for the future, be used by the mail-
cart drivers in coming into the Post-office-yard.

TUE LATE MAJOR-GENERAL ELPHINSTONE, C.B.
—This gallant and lamented officer, whose unexpected demise
is confirmed by the overland mail, was the second sen of the
late Hon. Will:am Fullerton Elphinstone, and grandson of
Charles, tenth Baron Elphinstone, and cousin to the present
peer. He distinguished himself at Waterloo. and many of the
Peninsular engagements, and his commission as Major-General
was dated 10th January, 1637. He was on the eve of resign-
mg his commission, and returning home, having been suc-
ceeded by Major-General Grey. General Elphinstone was in
his 60th year.