The Sun.
London, England, 1845-11-04 00:00:00

ROLLS' COURT-(THIS DAY)

LORD NELSON V. BRIDPORT. f 0
The original question involved in this. case relates no
Dukedom of Bronti, and is a matter entirely of Sicilian,
His LORDSHIP gave judgment on the exceptions by 1110
fendant to the Master's report as to the hearing of ellsd
in the cause. The exceptions were seven in number, s„ifi
which were overruled by his Lordship, one only
allowed.
His Lordship was occupied during the remainder 0
day in the hearing of unopposed petitions, which were II
devoid of public interest.

214,
69

3
8!/,i 4 p

VICE-Ch ANGERY.-- (THIS DO)f
. (B,,fore the VICE-CHANCELLOR of ENGLAND.)
His Honour took cause petitions end motions to-daY,
IN THE MATTER OF THE EOUTH DEVON RAILWAY C°3ll:f
Thi.; case came before the Court upon the petition af
mortgagor and mortgagees of a mortgage on certain 13.1(310
quited by the railway, praying that. U sum of 6004 Pa' „ice
Court by the Railway Company might be paid to the 00
gageeo in satisfaction of t heir mortgage:Although the a'3o
was not sufficient for the redemption of the mortgage'
mortgagees had consented to take it.
His HONOUR made the order as prayed.
IN THE MATTER oF THE 13 Each:BURN LAILWAy
This petition prayed that the sum of 20,0001.,
been paid by the Cominny into the Bank of England ire"'
name of the Accountant-General of the Court, in
with Cie otbaiding Orders of tee Housk. of Parliament,
be paid out, the Company haviog obtained their Act.
The CA' >via made the order.
IN THE MATTER OF THE BLACKWALL AND EPPING

COMPANY.
This case also came before the Court upon a sintiliri
Lion, with respect to the sum of 18,7501. TI Act in thil
had also been obtained, and
His HONOUR ordered the amount to be paid out of ee
agfeeably to the prayer of the petition.
The Court having disposed of all the unopposed Pe.
on the paper, proceeded to hear the further arguments 111
part-heard case of

RUMMY V. BARR& 01
This case came before his Honour upon motion farall
unction to restrain the defendant from Lfringing
obtained by the plaintiff for making an article called
tips," for umbrellas. The plaintiff and defendhint are
manufacturers at Birmingham, and the arguments aceftl
the Court the whole morning. We gave Eva outline °1
facts of the case upon a similar application being made
Honour daring the long vacation.

QUEEN'S BENCH-(TILIS DA/.
(Sittings in Banco.)
Their Lordships sat this morning shortly after ten 1
no
and proceeded to dispose of the cases on the new trial P

WILBERLEY v. HUNT.
In this case counsel moved for a new trial, on the
of the exclusion of evidence, and that the Nnerdict Iva! 0
accordance with the evidence elicited. The case vnif,o
by the Lord Chief Justice in the after sitting for the ''" 11
of Middlesex, and a verdict had for the defendant,
question raised was, whether goods that had been sel
the sheriff of Middlesex were the property of plaintiffs
was an assignee under a bill of sale. Plaintiff raised a
750/. upon the security of some reversionary propertld
advanced it to a person, named Hossman, from virb°i 30
plaintiff received as security a bill of sale upon his farP"d
Hossman having been unsuccessful in the undertallllll
which he got the 7501., execution was issuod on the ft)
sale; but his other creditors disputed the bonrificks
bill, and took proceedings to set it aside. The jury s'
opinion that the bill was an afterthought, concocted t°
judice the claims of the other creditors. Counsel preP°:odt
the trial to read certain correspondence, wlx ch he coat'olt
would prove that the bill was a bond fide eneument ;1:40
Judge ruled that such evidence would be iinadmissi,leVl
the Learned C. unsel contended it was a mi,alirectioa ,r)
resulted in a wrong verdict, and therefore he -moved far 1)
to show cause why the verdict should not be net aside.'
granted.

EXCHEQUER.-(THIS DA A.)
CHAMBERS V. THOMAS AND ANOTHER. ,tilf!
This was an action of replevin, brought by the pla'Pott'
recover damage from the defendant for a false distress ed,
in respect of the tithe of a certain farm, the property °is,
plaintiff. The declaration alleged the making, (4' the dll7,
in question, and then went on to aver that the defer
had failed to demand the tithe due in accordance with t!
provisions of the Act of Parliament. Tka decendall
t
their plea, controverted these allegations, and the cage
tried before Mr. Justice Coltman at the last assizes 1;r
1.
county of Carmarthen, when a verdict was returned J°let`i
defendants, the Learned Judge reserving to the
right of moving the Court above for leave to enter a s
for the plaintiff.
• Mr. CHILTON now moved accordingly.. The Purl
a gentleman of extensive property, residing in the l's "#'
Llanelly, in the county cf Carmarthen ; and the defend
were the owners and possessors of the tithes of thee,"
parish. Some short time ago a tithe of 4/. Ss. 10d. 1)„. rots
due iu respect of one of the plaintiff's farn is, and "ilt`
was seized by the defrndant belonging to a tensi, tt!
:he plaintiff, to liquidate the amount. Sailasequerl„tolot!
plaintiff brought the present action a replevin, an° "„oir
trial of the cause it was proved that the Tittle Act re',e
that a demand of the exact amount due, mot no in°l:l,
no less, should la, made before a distre a could be lee to
the present case the tithe due was 41. 9s. 10d.., but the u'e slo
was made for 4/. 9s. I (id., and it was contended, therefor ;0!
the distress was illegally made. liesidt,s, it was shoo' tee
trial that the party who made the demand did so 011 ofi"
of a Mr. Edwards, who rented the tithes of th e defends" dr
hence it followed that in fact the defendant had made P,ijoi,
mand at all. The Learned Judge who tried the casf,,,,
ever, contended that the demand being made. by Mr.l9"4t
was virtually made by him or his servant As the sg`
the defendants, and at once overruled the first objecto;po
consequence was, that a verdict was found fur the defer",
and, as the Learned Counsel thought it was d one so 6'o
ously, he had now to move for a rule nisi, to al how cause
the verdict should not be entered fur the plai Miff.
The Court took time to consider the ease, in order
they might have an opportunity of consuLtiatg Mr.
Coltman, before whom the case was tried.

COMMON PLEAS-(THIS DAIr
(Sittings in Banco.)
BEXLEY V. BRADLEY.
_t. 10
In this case, which was tried at Cambridge :last drew-
_

was an action for use and occupation, the vii .4 ict in clo°
1001., was given for the plaintiff. .All
Mr. Sergeant CHAIINELL this day obtained a rule 1117,
enter a verdict for the defendant.OF
Mr. Sergeant lirmr.s, on the other side, °Wail:led A
rule to increase the damages.
The arguments were strictly technical, ate all the fact
plicated and uninteresting to the public.
The Court rose shortly before 12 o'clock.
Y')

CRIMINAL CoURT,—(THIS Dit
OLD COURT.

(Before the RECORDER.) 01114'
John Lee, alias Robert Dalton, on the opening of the AgO,
was placed at the bar, charged with stealing 25 80VerloP
4 half sovereigns, 3 bank notes of the value 51. each'
other moneys, the property of Sarah Walton.
Mr. Payne appeared for the prosecution, antd Mr. Robt
for the defence.
From the evidence adduced, it appeared tin prisong.
lodged h the

7, _.ged wit . the prosecutrix. On Sunday„ta :gust Jt
ust l
went to church, leaving the money in questi Ohl safe wi
desk. On r return the desk was fout,d bro ken open 'pee
the money taken away. The desk appeared'. to have ea
broken open by a chisel. Suspicion tell upon the PrIV
and he was taken into custody. About ha lf-past eijoitoe
o'clock, shortly after church time, the prisoner left the dot'
and on going asked for change of a sovereign i a a verY.d ne
tied manner. He had 'a carpet b-.g with hi to , and s4o'
was going to Richmond, and would be back ca .1 the W. ewid.
day. Instead of going to Richmond he %%era; to G:eellove:,
where he was noticed to be in possession of Il 8 or 20 or
reigns. When he was taken into custody- a chisel
found upon hint, which cortesponded with thze .marks on
desk.

1 he jury immediately found him Guilty.
:the prisoner, who was represented by toverai riv,
constables in Court to he suspected of being eiJnnecte' 0011
several other burglaries, protested that hue was cn
innocent.
ltb
'I he RECORDER said the jury, and he entiim ly agreed %%e'rd
them, had come to a different conclusio
no circumstance that could operate in mitigi tti'on of P ber
nient, the sentence of the Court therefore 11. s, that
ransported for ten years.
Tog
Joh • Al Fred Cott,. - -

.a‘fred Cotton,x lio was indicted on the c; e 10,T
a bill a exchange for 35/., sva, discharged, the-, ounrcivia"
the prosecution not bcitig able to produce the )/.) Ihl 01
,g,.inst him, it having been destriyi d.
61) uniel .31‘Carthy was indicied
_for stealing' the • 41:

A is. 6d from -the counter t.f Mr. Flour,-0 shoP
-esitthig in Wnitccbapel-road, last Sunda.)
tween the hours of twelve and one o'clock. P° Front the evidence of Mrs. Floor and a little.gir tbe diefej
saner came into the shop, and, alter making f; rtes a! 00
for the pureose of Oisconcerti, g them, he put 113: :th 10 tpo
and seizt;cl the money in qutstion, which was lying `'fit
:„
mantel, made up in paper packages. On the nth; it 'no,
averred that there Waal a person ill Whitech; reel, 'ti,ool.;
known thief, namk d Daniel Ilk ern, exactly like tthe P oil
who was in the habit of wearing a dress exactly like "4,0 111.:
said to nave been worn by the prisoner on the eec4sl d'i
ferret' to. The dress the prisoner wore When tsi'ten, felA
treat from that the prisoner had on the eveni,ll the
was committed.

The jury, after some hesitation, acquitted the

CLE R KEN % ELL.--(THIS DAYorg4l
William Harris, and his sons John and Jame 4, • were cl 3
with a daring outrage on the police. clO
telt)
On the previous night, between eleven and t ;tvt :ire °,,ct;rl.7.
the prisoners were conducting themselves in a n tot ,t 1,
manner. When Police- constable Marsh 50 N in terfeciet iota
was assaulted by John Harris. The constable tc bricl‘-ci
custody, when the other two prisoners, with a r &op °. (1, OA
makers, attacked him, pelted him with stones ; ,d 01„eaf0;
kick d him. Marsh spranghisrattle sndother pt ;cerne"i)
tbat
to his assistance, but such was the violence of t:the
the constables were obliged to take refuge in tl a e lII' utterl-14
public-house. One of the constables (Cooper)t
disabled, and none of them escaped uninjured. The Prix
.1
were finally apprehended.ati
James Harris is a desperate fellow; he bas be 'en
the Old Bailey, and sentenced to 18 months' i rr .Pris°l' vlent
for beating a constable, so that he was a cripple ft a* life' f'
The prisoners were each sentenced to one in 4 th's b'y
sonment, without the power of releasing them: el Os
payment of a fine. -

WITLEY, Nov. I.—Her Majesty the Q at 'en jj
ager, we regret to state, has for the last three 0/ • fou',
d her
been labouring under indisposition, which has p rt Wit-
from taking her usual carriage drives in the vicha ,tE°esty
ley Court. We are, however, glad to add that log !•ni-3)
recovering.—Post.
SUSPENSION OF DISTILLATION FROM (;) 3Al.'•f di"
a proof that the feding with regard to the suspi 9n siorl ° that
tillation from grain is gaining ground, we may m entitnit
we have just now heard (four o'clock) that an k 3
tiller of this city has purchased to-day four by
t a:4l'es'. as "'
heads of sugar, which, of course, he intends to us;',/o.
substitute for grain, in case it be nece:sary.—Dri. Vi is ' fro
COWES, SATUICDAY, Nov. I.—'fliE BL( Of
.-11. T.S. Max, 74, will sl,ortly arrive here for ti te C %IVO*.
being rueed and converted into a block ship by ato
Sue wi I be taken into the new steam-frigate
Mews. White.—Hampshire Adveittecir.