The Sun.
London, England, 1845-06-19 00:00:00

BARER V. DREW.

This action was brought to recover compensation for the injury
which the plaintiff had sustaiined by reason of his leg having been
broken whilst returning upon the defendant's coach from the Derby
in 1844. It happened that upon the occasion in question, the
coach was driven by a person, who was stated by the plaintiff's wit-
nesses to be unskilful, and otherwise incompetent to perform the
duty, and that in returning from the course he not only took the
wrong side of the road, but otherwise drove so badly that some of
the passengers got of and refused to proceed with him to town
Those persons, however, afterwards resumed their position although
no improvement occurred in the driving, and it happened at last
that the coach was driven so close to the side that the plaintiff's
leg, by striking against some projecting matter, was broken. The
injury affected the plaintiff's health considerably, and obliged him
to relinquish engagements as a bookkeeper, from which he derived
701._ a year.

Mr. Sergeant Byles and Mr. E. James appeared for the plaintiff.
Mr. Lusts (with whom was Mr. Hawkins) appeared for the de-
fence, and called witnesses to show that the injury was partly ac
cidental, and partly the consequence of the plaintiff's own negli.
gence in allowing his leg to hang over the coach in such a manner
as to meet the obstacle which it wou'd have otherwise escaped.
The Learned Counsel, in support:of his defence, called witnesses
who save the coachman a good character in his capacity as a coach-
man, but none of the persons who so testified in his favour had
been driven by him for several years back.
li.rd DENMAN told the jury that if the accident was produced by
the neglect of the plaintiff himself, he cou!d not recover any o in
pensation, even though the driver was negligent; but if they con-
sidt red that the plaintiff was not in fault, they ought to give him
damages adequate to the injury which he sustained.
The jury found for the plaintiff—Damages, 11.101.
FECRUARQ 17.
(Before Mr. Justice Wiciirmax.)
RICHELO V. DOWLE AND RICIIREL.

Mr Eaton appeared for the plaintiff, and Mr. Turner for the
defendants.

This was an action brought by the plaintiff, who is a widow, against
the defendants for an excessive and illegal distress. The first
count in the declaration was, that a greater sum had been dis.
trained for than was due. The second, that a greater amount
of property had been distrained by them than was sufficient to
satisfy even the amount of the plaintiff's claim. The third, that
legal notice of distress had not been duly left at the plaintiff's resi-
des:ce. This fact was admitted on both sides, that the plaintiff
took a first floor in Lichfield-street from the defendant Dowle, at
the rate of '22!. per annum. It was further admitted that in the
first instance the apartments had beets taken by the year, the
rent payable quarterly, but the whole question of excessive
distress turned upon the fact, whether or no a subsequent arrange-
ment had not been entered into to pay the rent monthly. and
rent the apartments on the same kind of tenancy. The plaintiff's
daughter admitted that she paid smhller sums than a quarter's rent,
51. 10s., but swore she did so without prejudice to quarterly pay.
tnents, and because the payment of small sums was more convenient
to her. The defendants brought forward a witness, who swore
that Miss Richelo had agreed with the defendant to pay the
rent monthly. The sum alleged to be due by the plaintiff was 91.
25., that claimed by the defendant was 121. 13s. 6d. The goods
distrained upon were alleged by the plaintiff to be worth 401.,
though they were sold for 131. The plaintiff could not
by evidence support the allegation, either that an exces-
sive balance of rent was claimed, for she said she had
lost the landlords's receipts, or that the sale of the
goods by Richbel was irregular. Witnesses for the
defendant swore they left at the plaintiff's house the usual legal
notice, the plaintiff's witnesses that they had seen no such notice.
By the entries in the defendants' book, it appeared that the latter
sums paid by the plaintiff' corresponded in amount with monthly pay-
ments,which the Learned Judgein his charge said was strong evidence
of the fact of the subsequent agreement for monthly payments. The
damage claimed by the plaintiff was the amount of value between
91. 25., the rent alleged by her to be due, and 391., the reel value
of the goods which had been seized on.
The jury returned a verdict for the defendants.

SECONDARIES' COURT, June 18.
(Before Mr. Secondary Forma.)
WALLIS V. JULIA.
The plaintiff is a bill.broker and brought the action to recover
the sum of 141. 9s. on a bill of exchange which the defendant was
the indorcee. A plea was put on the record that no notice of dis-
honour had been given, but he did not appear to support his plea.
The plaintiff's clerk was called, and proved that on the same day
that the bill was returned dishonoured, a notice was posted directed
to defendant.
The jury gave a verdict for the plaintiff:
BOLDING V. BROOKS.
This was an action to recover the sum of 91. 6s. on a bill of ex-
change.
The only issue for the jury to try was whether tly, acceptance
was that of the defendant : he did not appear to support his plea, and
a verdict was given for the plaintiff.
The plaintiff's attorney said the defendant had put a plea on the
record which was false, but which bad (peen demurred to, and the
demurrer had been allowed. The plaintiff had thereby been put to
an extra expense of 501.

!!()U., T ANI C.WPTCI7 .I the 17
(Before Mr. Commissioner rONBLANQUE
IN THE MATTE,/ OF BATT AND BATT, BA KRUIMI

These bankrupts, who were silk-merehan ts in Broad .street, came
tei t0...1ay for tneir List examination. "[he oflicial assignee stated
that re brio every reason to be satisfied with the ace, unts, which
ha- been rentierrid w,th perfect fairness and funnels, and there could
hi- no doubt that the bank: uptcy was entirely owing to a fall in the
silk fra,;e.

N. opprisi....ti was offered. the credit°. s h tying all tteclareal them-
,elyes sai with the accounts.

ihe la < examingti,in was then pas,(l.l, 31K1

His l',ONOtat ddea---- It is not oft+-ti that lam en,:led to con
trao.litie bankrupts on the starts of h it accounts, as lam happy
to do :11 t case. the bankruptcy is evidently owing to a fall in
the si•k market, and 1 congratulate you upon there being no rea.
son that you should feel any of that degradation, in the position
you now occupy, which is usually attar hed to persons who ap-
pear here. _ .

We have been given to understanc that the debts and liabibtie4
of the bankrupts are something less than 170,0001., of which about
150,000/. are tuly secured, and the parties will receive 20s. in the
pound ; upon the remainder a dividend of ss. or 6., is expecten.

FEBRUARY 17.
(Before Mr. COMMiIiSiOUEY FONBL•NQUE).
IMPORTANT CASE—IN RE PALMER

This insolvent, who was a broker, came up for examination for
a final order. He was opposed for costs in an action. It appeared
he had ben called in to appiairy some furniture seized for rent,
and was subsequentl made a delen,aot in an action of trover In
his examination he said he bought the goods at the appraisement
price, 291. 13s , and sold them again in different lots, making a
profit of three shillings only. The jury, however, in giving a
verdict, valued the property at I 701. The insolvent then filled his
schedule.

Mr. POINN contended that the distress was altogether a frau-
dulent one, and that it was incredible that the property had been
sold for the sum stated.

The Learned COMMISSIONER said he had fully considered the
subject, and felt that he had not power to decide en the question
of the original fraud. The point was whether there had been a
just disposition of the property. His opinion was, that the goods
must be taken as worth 1701., and that they had not been ac-
counted for beyond the 29/. 16s. Under those circumstances he
should refuse to make any order. _ _ _

Mr. HUGHES, for the insolvent, asked for a day to be fixed for
him to come up again.
The Learned COMMISSIONER said he would not name a day. The
insolvent could come up again under the statute, but it would be
no use doing so, at least for a long time.
In another case of insolvency, Mr. Buchanan, a solicitor, ap-
peared on behalf of a Society for the Prosecution of Fraudulent
Debtors.

The Learned COMMISSIONER said that he would not hear any
societies.

Mr. BUCHANAN said he also appeared for individual creditors,
who were present.
The Learned COMMISSIONER said that he would hear him en their
behalf.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Justice ParrEsoN and Mr Baron PLATT.)

THE SLATE-TRADE CASE.—The case of Jennings, who, our read.
ers will recollect, stood charged (together with Mr. Zulueta) with
dealing in slaves some time since, was, upon the application of Mr.
Prendergast, postponed till Friday, for the accommodation of Mr.
M. D. Hill, who appears as counsel for the defendant. The
Learned Counsel applied for the postponement till Saturday, but
Mr. Justice PArrEsoN refused to postpone it till that day, on the
ground that it would probably last more than a day, and if it did so
the jury would have to be I.,cked up till Monday.
Capt. Jennings surrendered this morning.

RAPE.—John George Stephens, a boy sixteen years of age, was
indicted for un,awfully attempting to commit a ra, e upon Lucy
Taylor, a girl under the age of 'en years.
The jury, after Mr. Baron PLarr had summed up, found the
prisoner Not Guilty.
After a suitable admonition from the Learned Baron, the pri
soner was removed from the bar.

Since Monday there has been an addition of thirty-one prisoner,'
to the Calendar.

James Holt, 26, was indicted for the maoslaughter of WU_
lintn T mh e.
The ri-otter, who is a cob-drivt r, on the evenn•u. •,f the
23d t,f May, was driving c;own Holbo,n hill, aid he came
in contact with a cart driven by the occea.ed, why by he
collision was thrown into the toad, and killed.

The jury returned a verdict of Guilty, coupled with a re-
commendation to mercy, t,nd he was senfei.ced to b. confined
in the ilou.e of Correction for two months, but wi.hout, harff
tabour.

Henry Smith, 18, was indicted for feloninu-ly cutting and
wounding Thomas Lister, with intent to maim and disable
him, or to do him home grievous bodily harm.
.The prosecutor was in the service of Alessrs. Hanbui y and
Co., and on the day mentioned in the indictment he was
passing the Bell and Crown-inn, Holborn, at the
of the arrival of the Beehive coach from Cambridge,
and seeing the prisoner struggling with an old
man who acts as porter at the establishment, for the
poshession of some boxes, he told him to desist, and
not interfere with the old man. The prisoner was very angry,
and struck the prosecutor a blow on the eye, having at the time
a piece of tobacc •-pipe in his hand, and the effect was, t.. de-
prive him of the sight of his eye, arid as he had lost the sight
of the ether eye some tine before, he was now totally
Thf. prisoner cried fitterly, and expressed deep regret for
what had happened, assuring the Court that it was entirely
accidental.

The jury found the prisoner Guilty of an assault, and he
was sentenced, by Air. Justice Pattison, to be confined in New-
gate for two months.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET. Alt
Inn Poulter was brought before Mr. Maltby for final mi.. v. .
_------<ri° 1' f til'
mination, charged with having caused the death of her infant by
/11)%11* Denia ter °
violence. ;I..esth- n John ougb toios
The prisoner, it appeared, was servant at No. 19, Hanway.street. . Bright° '___ ,est i A
On the 10th inst., at
a"b s rreP e1e14,-
She was delivered of the child on the 2d of May, and the discovery Alas"' Y°torY, afl.
Fsn to Miss Eliza Mary
was made immediately. The child was found dead under sus- i; i',
kev. George ason,t
picious circumstances a few hours afterwards, and the police made at the P3fisßeginaelia"dletti.endiett
the !3th ins -,sth
or Kiag Hope' Pe rv, llort. or
acquainted with the occurrence. As soon as the prisoner could be On M of Walton Rec._h church', to 0,
removed she was brought to this Court and charged with destroy., Bloc 10 0 Hinds, Esq.,
.of the , Estp, cfrasba •,
daughter of Richard Gould, es,
uare,
in g her child ; but as the prisoner was in a very weak state it wasGeorgEuto9-1„ DarrP •110 r,
deemed advisable to remand her to the hospital for such period as ' ton-place, ,„te R..- 'PO
Downinr• Ts ,of hus J. lit
would enable her to recover strength sufficient to encounter the bt -.' . liter of the it* 11 0
Jackson, youngest daug We ' or
. 11-square* , Cleritell bAD ~o+
necessary judicial investigation.
Montague street, ~usse
On the 14th inst., at St.
James 0, ~- abet tifv,ies
Diana Hugo, charwoman, said that about six in the morning of St. . to Luz
On the . 12th inst ,at
ism IP
the 2d of May, she went to work at Hanway.street. When she tt L.odge, SatrolK,
WI iro
was let in she found marks of blood on the kitchen floor, and other Esq., of Wisser G
1 eorge Biggs. in Bucks, opas,
appearances, which, coupled with her previous suspicion of the daughter olf4Ath.
inst. at 13urnham;tilda The
On the
pregnancy of the prisoner, Induced her to believe that the prisoner of Slough, Rucks, 0 nbani•
Bu6e Esq.,
had recently been delivered. Witness called her mistress, who
' of W. Robarts, 's ~
~,,,00/.,, ps
daughter
came down stairs and questioned the prisoner. Tho prisoner de- DIED. t Fete!' 1C7;'13111 of
nied the accusation, and said she had been taken suddenly unwell, escen ' 050
. ~...ton-cr _go lote
but would soon be better. In consequence of hearing the cry of On the 12th inst., in tow .
t struallll°"°' s'l''
an infant, witness looked about, and in the coal-cellar found a On the 12th inst., a- thiessel3' Pi°
female Infant newly-born wrapped in a gown belonging to the Samuel Boxill, aged 91._ ,_„, mat ter
hot., NV 'Haw.
of obes tb*
prisoner. The prisoner was put to bed, and the child was given to On the 15th . sci., be,
her. At that time witness saw nothing more than two scratches* Herne- bill, aged 60- John Willis, colt
on the arm, and two lights cut or scratches on the throat. On the 15th inst.,
Elcorth, .
Mrs. England, the mistress, proved the finding the child, the Kennington. t the gectorY,sh. ~T 6,.:.
ending for a surgeon, and the subsequent death of the infant under , On the 15th inst., a f that Par' _----,"","y0t).,' Iv/
rector 0
__.--- -RDLI ;so, ,pi
suspicion. circumstances. Rev. Oliver Lodge,
_____ -- rill Once, opt,
---------_--- by
Mr. °citing, surgeon, said he was called early in the morning of ---- ----- ~- , , ribiloll,' The S«* id toe 0°
the 2d of May. He found the prisoner had just been delivered. LetTi,• ' • r'''L'. - ' tirjtiter saToP iil
. , • t!' 't"'' f the
the child was in bed with her and appeared to be doing well. In
1 . the Precinct o
19 is _.
she evening witness called and found the obild dead, with owl" of 1 Strarc., in
bliddletlexp 11=8W 4'
violence oz ice men, pertleuhuly *out the heed.