The Sun.
London, England, 1842-06-15 00:00:00

EXCHEQUER.-(THIS DAY.)
HODSON V. BOTHAIf.

The plaintiff in this case had been engaged in a suit in which
he had subpoenaed the defendant as a witness in his behalf.
The defendant did not appear when the trial came on, and the
result was that the plaintiff had felt it necessary to abandon his
case, and a verdict was accordingly entered agair.st him. The
present action was brought for the recovery of compensation
for the loss he had thus sustained by the absence of the de-
fendant.

After some evidence had been gone into, with a view to
show that the defendant might have a'tended on the trial, a
medical gentleman deposed that he believed he could not have
been present without endangering his life, as his health was
much injured at the time.

The counsel for the plaintiff on hearing the evidence of this
witness, abandoned the case ; and a verdict was therefore
entered for the defendant.

INSOLVENT CO URT-(T HIS DAY)
IN RE DAVID LIVINGSTONE.
The insolvent, who had carried on an extensive business in
Bishopsgate-street, applied to be liberated on bail until the day
appointed for his hearing.
Mr. Nrcnoer.s appeared on behalf of a creditor in whose
favour certain deeds of assignment were executed within three
months prior to the date of the insolvent's vesting order.
The Learned CHIEF COMMISSIONER said he would require
the production of th..se deeds at the hearing, as from the pe-
culiar time at which they were executed, he imagined they
were invalidated—the provisions in the new Act rending void
such documents, except executed three clear months before the
insolvent's arrest.
Messrs. Cobb and Jenkins having been tendered as bail, in
reply to the Learned Chief Commissioner, said they had both
been bail four times in this Court for ether insolvents.
Mr. Commissioner HerteoLns—How does it happen that
you have been bail together for the same individuals?
Mr. Cobb—Why, I don't know, your Honour, but the times
are so hard now that we find a great many of our friends
"going to the dogs."—(Laughter. )
Mr. Commissioner REYNOLDS—And to carry out the simile
still further, you and Mr. Jenkins always run in couples.
Mr. Cobb—Just so, your Honour, it has been ; but I shall
be more cautious in future how I shall let my good nature earn
for me again such a cross-hackling as I got here to-day.
Mr. Ntcnoess on the part of his client having said he was
instructed to state that the gentlemen offering themselves as
bail were most respectable and wealthy men, they were allowed
to justify, when the insolvent was discharged.
COURT ETIQUETTE. —IN RE W. P. CRATE.
In this matter, which was an unopposed application, Mr.
Woodroffe appeared for the insolvent, and being without his wig,
The Learned CHIEF COMMISSIONER asked how it came
that he did not wear his wig when he rose to address the Court?
Mr. WOOD ROFFE said he was afflicted all yesterday with a
severe headache and inflammation in his eyes, which he was
advised by a medical gentleman arose from the load of horse.
hair with which his head was enveloped in this sultry weather,
and that this day being appointed for hearing bail cases only,
he thought he might dispense with the annoying appendage
without a breach of etiquette; however, if the Court required
it, he would at once go and put it on. In Westminster Hall
the Judges and several Counsel, amongst whom he saw the So-
licitor and Attorney-Generals had thrown them off since the
weather had become so oppressively warm. When next he
should appear in Court without a wig, he promised first to ask
permission.
he Learned CHIEF COMMISSIONER said the practice in
the superior Courts being as the Learned Gentleman described,
rendered it unnecessary to say more on the subject.
This very important discussiJn (?) appeared to afford the
highest amusement to the not very select audience occupying
the back benches in the Insolvent Court, who were on the
broad grin witile it continued.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.
JULIE.— James Greenland, aged 25, wheelwright, was in-
dicted for having committed a rape on the person of Jane Ma-
tilda Arnold.

Mr. Clarkson conducted the case for the prosecution, and
Mr. Phillips defended the prisoner.
It appeared Irons the evidence of the prosecutrix, sho is a
good looking and intelligent girl, a: parently about the age of
13 years, that she was a nursery-maid in the service of Mr.
Ball, of Duke street, Grosvenor-square•. The prisoner was a
servant in the employ of Col. Yorke, of the Guards, who lodged
in the house of Mr. Ball. On the night of 26th May last, as the
prosecrutrix was going to bed, the prisoner took huld of her
and dragged her into his room, and then accomplished his pur-
pose. As soon as she discovered the intent of the prisoner, she
screamed loudly, but he seized her by the throat, and held it so
tightly that she could not cry out, and could hardly breathe.
She had never been into the bedroom Of the prisoner but once
before this affair took place, and that was when another girl
was making the bed.
Mr. Ball, the master of the prosecutrix, stated that on the
night in question he was alarmed by shrieks proceeding from
one of the rooms up stairs. On his proceeding up stairs, he
found the girl in a state of great agitation and excitement.
She appeared to be suffet ing great pain. Mrs. Ball, who was
with the witness, took the girl down stairs, and she then made
a disclosure of the facts as stated in her. evidence. When she
came from the room her eyes were starting from her head, her
hair was dishevelled, and her body b..nt almost double. She
was crying, and appeared in great distress.
This evidence was corroborated by Mrs. Ball.
Mr. James Tatham deposed to having examined the prose-
cutrix the morning aster the alleged assault. The evidence of
this witness, which is unfit for publication, proved that the
offence had been committed.

Robert. Lister, policeman 143 C, stated that when he took
the prisoner into custody, he said that what he had done had
been done in a frolic, and he thought he should be transported
for it. He added that it was with the consent of the girl, and
she had often been in his room before.
This was the case.

Mr. PHILLIPS addressed the Jury for the prisoner, and con-
cluded by calling the following witnesses :
Jane Bright deposed that she was in the service of Mr. Ball.
About a fortnight before this occurrence she heard the prose-
cutrix, Jane Arnold, go into the bed-room of the prisoner at
about twelve o'clock at night. She mentioned the c:rcum-
stance to the prusecutrix the next morning, but she did
not say anything to her mistress about it until the
night of the alleged outrage. On the day this oc-
curred, the prosecutor said to the witness " I wish I had
as many sovereigns as James has given me kisses." She fur-
ther added, that she had been into his bed-room while he was
dressing.

The witness was severely cross-examined by Mr. CLAKKsoN,
and stated that she had been on very friendly terms with the
prisoner.
Hannah Sturgeon stated that she had been formerly in the
employ of Mrs. Ball. She found a comb belonging to
the prosecutrix on Greenland's bed, which the prosecutrix
admitted having lost there. She had seen the prosecutrix
three times in the bed-room of the prisoner. She said she
liked being there, as Greenland often kissed her.
Cross-examined by Mr. CLAnstsox—Witness had often re•
ceived presents from the prisoner. She had received a Bible
on New Year's Day.
Colonel Philip James Yorke deposed that the prisoner had
been in his service about two years. He had previously been
in his regiment, and had always conducted himself steadily and
with sobriety.
The prosecutrix was then recalled. She stated that she had
never been in the room of the prisoner alone before this trans •
action took place. She would SiVi ar that she never said she
wished she had is many sovereigns as James had given
her kisses. She never left a comb in the room of
the prisoner. She was never in the room while
the pi isoner was there, before the assault took place.
She never for a momtnt admitted the prisoner to take libel., ies
with her. He had never kissed her at all. They were not on
friendly terms,:as he was continually swearing at her, and say-
ing that she was always complaining to her mistress.
Mr. Priii,Lies again addressed the Jury upon the latter evi-
dence, and Mr. CLARKSON having addressed the Jury on the
evidence for the defence, _ _

•a The Learned JUDGE .nrnmed up the evidence, and the Jury
returned a verdicr, of Guilty.
The Learned JUDCE then addressed the prisoner as follows.
The crime of which you have been convicted was attended with
great aggravation. You, an inmate of the house,
bound to respect the modesty of every female in it,
committed this violence upon a girl of tender years.
I think the defence of to-day has aggravated the case. It is
impossible to give credit to it. A very short time ago this was
a capital offence, and your life would have been forfeited. It
is no longer a capital offence, but the enormity of the crime is
such that the Legislature has imposed a punishment next to
that of death. The sentence that 1 must necessarily pass upon
you is, that you be transported for the term of your natural life.

NEW COURT.
No case of interest came before the Court this morning.

POLICE INTELLIGENCE.

MARLBOROUGH. STREET:
(THIS DAY.)
_ _

Edward Casey, a boy about twelve years of age. who was
charged at this Court, a tew days since, with damaging a valu-
able shrub, of ten years' growth, in Kensington Gardens, and
who was discharged on a promise not to offend again, was
charged as follows :—The Constable of the Gardens, No. 5,
stated that, about half past three o'clock this morning, he
met the prisoner in the Gardens. with a black bird's nest, with
four young ones in it, in his hand, and which it was afterwards
ascertained he had taken from a tree on the south side of the
ornamental water. Witness saw that the nest was undisturbed
as late as eight o'clock last tvening. The gates of the garden
were not opened, so the prisoner must have climbed the
wall from the Ha-ha in Hyde Park, or have remained in all
night, which he was in the habit of doing, Hy her Majesty's
commands the greatest care is taken to prevent the destruction
of every description of birds throughout the gardens and parks.
The tree from which the nest was taken was damaged by the
prisoner climbing up it.
Committed for one month to hard lahr2ur:....

ROBBERY—BY A SEIL VANT. —Daniel a respectable
lookinc, youth, about 16 years of age, was charged with robb:ng
his employer, Mr. George Rogers, of No. 1, High-street, St.
Giles's, tobacconist. The prisoner was a shopman, and last
t, cvynin while serving a eust,,mer with half a pound weight of
* eir,ars,.he took an opportunity of secreting 41 from out of the
box, and those he afterwards was seen to give to a low p,osti-
tute he had formed an acquaintance with, and who
it appears tv,ls in the habit of waiting nightly fur him near to
his master's shop, to convey away any property he had pur-
loined in the course of the day. The prisoner said he had only
taken four cigr.rs to smoke when he went out on Sunday.—lle
was remanded until this day week.
Eawat d Edwards, a fashionable young spark, was fined
40s. I,r knocking and ringing at several doors in Regent-
street, and Little Argyle-:tieet, Oxford-street, at two o'clock
this morning. The fine was instantly paid.

CLERKEN WE LL—(THIS DAY).
After the night charges had been disposed of, Mr. GREEN-
WOOD said he had to complain of the undue rigour of the
police in taking persons into custody in cases where they were
not authorised. In one else a man was taken up because he
happened to be teen two successive evenings in the same lane,
and still worse, the inspector of the N division took the charge
against him. In another, a man was taken up for an alleged
assault, the constable neither having witnessed it nor seen any
marks of violence. The liberty of the subject could not be tam-
pered with in this way ; it must be put a stop to at once,