The Sun.
London, England, 1827-10-04 00:00:00

LAW INTELLIGENCE-(TIIIS DAY.)

COURT OF COMMON PLEAS.
(Sittings at Westminster•, before the Loan CHIEF JUSTICE
aiid a Colin/lob jury.)
• •
Psox TREVILIAS.
_ .

When this case was called on, which we under-
stood to be an action for criminal conversation,
Mr. Sergeant TADDY intimated that the record
was withdrawn.. This announcement seethed to ex-
cite censidetable cifsapiviiitriient among a very
Crowded audience.

The next case was then ealled, when it appeared
that the 'witnesses, calculating on the first cause
lasting during the greater part of the day, were not
then in attendance, It was found, upon calling over
the other causes, that the same remark applied to
them also.

The LORD CHIEF JUSTICE, after a lengthened
discussion with the bar, as to the propriety of allow-
ing, under the peculiar circumstances, a short delay,
said that for the future he would go regularly thrbtigh
the paper, and strike out all the causes in which the
parties were not prepared with their witnesses. It was
no valid excuse to say that the first cause was expected
to• take up two or three hours—every cause in the
paper must be considered as liable to be called on
first. The kindness of the Court in granting any
indulgence, had led to the most abominable abuses,
and his Lordship was determined for the fu-
ture not to allow the public time to be wasted
through the inattention of solicitors.
His LORDSHIP subsequently consented to wait
for ten minutes.

FOLKES V. scumr.R AND ♦NOTHER.

This was an action of trespass, brought by the
plaintiff, an old lady, residing at Mile end, against
the defendants, who are the assignees under
a commission of bankruptcy, which has been
sued out against her. The action was instituted
for the purpose of trying the validity of that
commission, and the two questions which the
Jury had to decide were, whether the plaintiff had
committed any act of bankruptcy; and whether the
bond of the petitioners was conformable to the Act
of Parliament.

Mr. MILLER and Mr. Sergeant ADAMS appeared
for the plaintiff. The Learned Sergeant said, that
a notice to dispute the validity of the Commission
had been served on the defendants' attorney, but not
until, after issue had been joined. This defect was
however cured by the consent of the defendants'
solicitors to waive that objection.
The LORD CHIEF JUSTICE was of opinion, that
the first question could be made a subject of in-
quiry in a Court of Common Law ; and as the Act
of Parliament required that notice to dispute the
Commission should be served on the defendants before
issue joined, that obligation could not be dispensed
with. If the solicitor had consented to waive the
objection, and afterwards turned round and required
it, that breach of faith could be a subject of com-
plaint -to the Court against the parties guilty of it.
Mr. MILLER contended, that as the bond of the
petitioning creditor was necessary to the issuing of
the Commission, his Lordship in trying the va-
lidity of the latter, was bound to see whether the
bond was conformable to the statute. The Learned
Gentleman also argued, that the defendants should
be in fairness bound by the consent of their solici-
tors to waive the objection to .the service of the
notice.

The LORD CHIEF JUSTICE recommended that
the question as to the bond should be enquired into
before the Lord Chancellor.

Mr. MILLER—Yes; but your Lordship must well
know that we should be all ruined before we could
succeed in the Court of Chancery.—(A laugh.)
Mr. Sergeant `'TILDE distinctly denied that the
notice had been accepted, as had been sworn by
Mr. Smith, the plaintiff's solicitor.
His LORDSHIP would Plot try the truth or false-
hood of that allegation, but direct a gonsuit. It
would be open to the parties to apply to the Court,
if they felt displeased with his decision.
The plaintiff was accordingly nonsuited.

MIDDLESEX ADJOURNED SESSIONS.

(THIS DAY.)

George Heller wws indicted for an assault on a
constable named Brown.

The prosecutor stated that he was called upon by
the person in whose house the traverser lodged, and
upon proceeding there found the traverser inebriated
and half naked, abusing his landlord's wife in a most
violent manner. Upon the witness attempting to
take the traverser into custody, he struck at
him in a furious manner, threw him on the ground,
and wrenched his staff from him. The traverser
was proceeding in this violent way, when some per-
sons came to the prosecutor's assistance and rescued
him.

The prosecutor's statement was corroborated by
the testimony of two witnesses, and on the part of
the traverser three witnesses were examined, who
gave a qualified description of the assault.
The traverser was and guilty, and the CHAIR-
MAN, after observing on the deplorable facility with
which persons were found ready " to stretch their
consciences," in almost every assault case, where
they conceived they could serve a friend, or
injure an enemy, sentenced the traverser to be con-
fined to the House of Correction for two months.
William Grace, a Waterman, was indicted for an
assault on a man named Moore, one of the crew of
the Margate steatner Favourite.

It appeared that the Favourite having arrived off
the Tower stairs, on the 2d of August, a number of
watermen surrounded the vessel, many of whom
fastened their boats by ropes to the stern and sides,
by which the motion of the vessel was impeded, and
the passengers inconvenienced. The Captain of the
steamer ordered the traverser to let go his hold, and
upon his refusing to comply with this command,
directed the prosecutor to cut the rope, which was
effected with some difficulty. Next day the traverser
met Moore on the Tower stairs, and upbraiding
him with having cut his rope on the preceding
day, inflicted two violent blows on his face, by which
both his eyes were severely injured.
The traverser acknowledged the assault, and was
found " Guilty."
The Captain of the Favor/rife, said, that the tur-
bulence and violence of the watermen at the. Tower-
stairs, rendered the landing of the passengers from
the steamers most dangerous.
The traverser \its sentenced to pay a fine of 10?.
to the King, with permission to speak to the
prosecutor.

The Earl of SHREWSBURY'S house in Stan-
hope-street, has been beautified since the death of the late
Earl. The appearance it now makes is in accordance with
other noble mansions lately repaired in Park-lane.
TUNBRIDGE WELLS.—The Parade in the
afternoon is now more fashionably attended than we hare
seen it during the season. Several excellent families have
left ns this week, hut the houses, as soon as vacated, are
almost immediately re-let, we understand for a lengthened
period. We may calculate on the number of visitors now
here, by the still very full attendance at our chapel of ease,
particularly on Sunday last. —Brighton Paper.
CHELTENHAM, OCT. 2.—The Right Hon.
STURGES BOURNE, and Colonel Cooren, one of the prin-
cipal Officers of the Household to the Dulie and Duchess
of CLanxbrcit, with a party of distinction, were in the
Promenade at the Montpellier Spa this morning, having
arrived within the last day or two at LIDDELL Hotel.
The Colonel has given the sanction of the Duke of CLA-
RENCE for that Establishment to be called the Royal Cla-
rence Hotel.

We think we may venture to inform our rea-
ders, that it is now not quite certain that Lord Chief Baron
ALExaNnEn, will succeed Lord MANNERS in the Chancel-
lorship of Ireland. A hitch or impediment has arisen,
(which for obvious reasons we shall not at present divulge)
that has already suspended the appointment, and may ulti-
mately prevent ita completion.—Brighton Paper.
Alderman Nugent was on Mon(7.ay last sworn
in Lord Mayor of Dublin. After he had been introduced
to, and addressed by, the Lord Lieutenant, at the Castle,
a grand dinner was given by him at the Mansion-house, at
which the Right lion, W. Lamb was present.