The Sun.
London, England, 1842-12-14 00:00:00

THE ATTORNEY-GENERAL V. DEDHAM SCHOOL.

In this cause, which had been already discussed at
considerable length before the Court, Lord LANGDALE
decreed a reference to the Master, to inquire and re-
port if the trustees of the estate had died, who was
the survivor, or who was the heir or devisee of the
survivor, or in whom the legal estate vested.

VICE- CHANCELLORS' COURT, Dec. 13.
(Before Sir JAMES WIGRAM.)
rARRER V. COLLINS.
His HONOUR gave judgment in this case this morn-
ing. The plaintiff's alleged themselves to be the
trustees of a Wesleyan chapel in St. George's Fields,
and the object of the suit was to obtain payment of
the sum of 5821. 15s. 6d., alleged to have become,
and still to remain due, to the society of
which the plaintiffs alleged themselves to be trustees,
from one Collins, formerly a treasurer of the society,
in respect of monies held by him as such treasurer.
The precise mode in which the plaintiffs.sought to
work out satisfaction of their claim, was by means
of a lien, or equitable charge, which they
sought to establish by their bill upon monies
of Collins in the hands of the defendant,
Collins, as the agent in this country of Collins who
was abroad. Collins had for many years before the
institution of the suit, and still was, a resident in
Africa. He was made a defendant upon the record,
and process was prayed against him when he should
come within the jurisdiction of the Court; but he
had not appeared in this cause. The first document
relied upon by the plaintiffs was a writing signed by
Collins, and addressed by him to the defendant,
. - Collins, signed the 24th of February, 1820, imme-
diately after writing which he left the country, and
had not since been within the jurisdiction of the
Court. From that time down to the filing of the bill,
said subsequently, he had written letters from abroad to
Collins respecting the plaintiffs' claim, and Collins (the
defendant) had addressed letters to the plaintiffs which
were relied upon as evidencing and showing the lien
or charge which it was the object of the bill to estab-
lish. These letters came down to a period so late as
the month of December, 1840, after the institution of
the suit, and a supplemental bill had been filed to have
the benefit of one of such letters... The bill was filed
in the month of October, 1840, being more than 20
years after the debt claimed in the cause became due,
and an injunction was obtained, which had once been
continued to restrain alienation of the fund. The de-
fendant Collins claimed no interest in the fund in
question, except as trustee for Collins, and he had re-
sisted the plaintiffs' claim on several grounds. First he
said that the letter of the 24th of February,
1820, did not form an effectual lien, or charge,
upon the monies now in the hands of Collins;
secondly, that the plaintiffs title as trustees had not
boen established; thirdly, that the admission in the
answer of Collins of the letter of the.24th of February,
1820, and of various other matters in the answe;-,
could not be received as evidence in the cause; fourthly,
he set up the statute of limitations ; fifthly, he said
that by a letter of Collins, of 1840, put in as evidence
by the plaintiffs, Collins disputed the amount claimed
by the plaintiffs. and that an account of what was
actually due could not be taken in the absence of
Collins, nor could he be bound by any evidence in the
cause. His Honour, after going through these
grounds,. said he
iad come to the conclusion
that he could not, upon the evidence before
him, grant the plaintiffs the relief which they
asked. If he were compelled then finally to dis-
pose. of the cause, he could only diSpose of it by dis-
He would be led to consider, however,
whether he ought in this ease to grant the plaintiffs that
indulgence which a Court of Equity sometimes granted
to enable plaintiffs to perfect a suit. In considering
• this he had had regard to the two considerations which
usually regulated the dis.cretion of the Court; namely,

the merits of the case, and the risk of perjury by
which the amendment of a case after it had been
argued, was too often attended. Upon the question
of merits, his Honour referred to the letters in evi-
dence, and, amongst others, to a letter from Collins to
the defendant Collins, dated the 19th December,
'lB4O, in which he said that the monies in
the hands of the latter were to be consi-
dered as a sacred deposit for the purpose
of paying the debt. It was the case then of
an agent, setting up on behalf of his principal and in
his absence—he did not mean improperly setting up,
but setting up defences on behalf of his principal,
which that principal in honour and conscience, felt
himself bound to repudiate. As far as the first ques-
tion, that of merits was concerned, he thought the case
was as strong as any case which could be brought
before a Court of Justice. With regard to the second
point, he thought this was not a case which presented
any danger of perjury, • for so far as the principal
claim was concerned there was evidence ofit in writing
under the hands of the parties sought to be charged.
Upon the evidence before him he could not decide
at the hearing of the cause that the case was one in
which the plaintiffs might not, as against Collins, en-
title themselves to a decree. He thought he ought to
give the plaintiffs an opportunity of bringing Collins
before the Court. The remaining question, and the
only question which had seriously embarrassed him
at the hearing of the cause, was whether Collins had
not a right to have the case decided so far as he was
concerned; whether if a case had been made out against
Collins the bill should not be dismissed as against
Collins instead of his being kept before the Court as
a party to a cause, the end of which could not be
foreseen ; but when he adverted to the letters
written by Collins, to the defence which Collins had
set up, which was merely that he could not as trustee
or agent admit the plaintiff's claim in the absence of
Collins, he thought, as against him, particularly having
regard to his letter of the 19th of December, 1840,
he was not dealing unjustly by him when he said,
he thought the interest which he had in being dis-
missed from the suit was not such as ought to pre-
vent him from being retained before the Court. All,
therefore, he could do in this view of the case was to
direct the cause to , stand over, with liberty to the
plaintiffs to take such proceedings as they might be
advised, fur the purpose of bringing the defendant
Collins before the Court. The injunction must be
continued, or a sum sufficient to cover the demand
brought into Court,
,the rest being left at the disposal
of Collins. The plaintiffs must pay the costs of the day.
At the close of his Honour's judgment an offer was
made on the part of the defendant of 8001. in full dis-
charge of the debt. After a short discussion the de-
cree was ultimately taken by consent, the defendant
agreeing to pay 7001. without costs. The bill was or-
dered to be dismissed.

THE SUN, LONDON, WEDNESDAY MORNING, DECEMBER 14, 1842

signature, "Dmid Boast," was not the signature of
the prosecutor.

Evidence was then tendered, showing that malice
had existed on the part of the defendants against the
prosecutor, and on one occasion Shiels said he would
transport Boast, if it cost him 20,000/.
David Boast was called and corroborated the evi-
dence of Captain Cole.
On cross-examination he admitted having been a
bankrupt four times, and once passed:through the Insol-
vent Court. His debts in the first bankruptcy amounted
to 8,0001. He did not know that any dividend had
been paid. In the beginning of this year he went out
of the way. It was not because a charge was made
against him of forgery. Would not swear that he had
not been accused of forgery. Would not swear that he
had not accused a person of adultery with his own wife,
that person being now in the closest intimacy with
him. Declined saying whether he had lived in adul-
try himself. His wife was living, but he did not live
with her. He had been married 26 years.
The COMMON SERGEANT here suggested that it
would be better for all parties if the case were with-
drawn.

The Learned Counsel consulted together for some
time, and

Mr. CLARKSON said he would, on the part of his
client, withdraw the indictment, if, on the other side,
a promise were made that no further proceedings
should be taken.

Mr. BALLANTINE said he would promise that no
further proceedings should be taken.
The COMMON SERGEANT said he did not think the
case could be made out if proceeded with.
Mr. CLAnx.sox said he felt it to be his duty to state
that he did not entirely rest his case on the evidence
of Boast, which the Jury might think doubtful,
after the disclosures which had been made.

The COMMON SERGEANT—I think it not a very
creditable affair to any of the parties.
Mr. Alderman FAREBROTHER—And to show what
we think of it, we will allow no etpenses.
The case was then withdrawn, and the defendants
liberated.

POLICE INTELLIGENCE.
(YE STE RDAY .)
BOW-STREET.
A clerk from Mr. Flower's office appeared before
Mr. Jardine this morning to apply for a warrant
against the secretary of a benefit society. The so-
ciety was not enrolled, but it was a general trade be.
nefit society, and the person against whom he applied
for a warrant, acted in the capacity of secretary, and
had received several amounts of money from corre-
sponding societies in the country ; these sums he had
appropriated to his own use, and he therefore wished
the Magistrate to grant a warrant for his apprehension.
Mr. JARDINE inquired what the charge was under
the Act, so as to bring it within his jurisdiction ?
The applicant said the charge would be one of em-
bezzlement. The society was established within the
Bow-street district, and was called the Saddlers' and
Harness Markers' Benefit Society.
Mr. JARDINE said if a felony had been committed
a warrant was not required, as any person interested
might give the man in charge.
The applicant said the object of the society was to
have the opinion of the Magistrate upon the matter,
the society not being an enrolled one.
Mr. JARDINE could give no advice on the matter.
The applicant then left the office with the inten-
tion of giving the person in charge.
CLERKEN WELL.

Charles Phillips was charged with being riotous al
a public-house in Nottingham-street.

Mr. Skone, the landlord of the house, said the pri-
soner came into his house on the previous evening,
and was so noisy and annoying that witness could not
serve his customers. He told him to go away, but as
he refused he gave him in custody.
Mr. GREEIIWOOD—What did you give him into
custody for ? Skone—For annoying my house.
Mr. GREENWOOD—Did he strike you?—He did not.

Mr. GREENWOOD—Policeman, what did you take
him into custody for ? Police-constable 39 G as-
cended the witness-box ; at first he seemed much con-
fused, but after a minute's hesitation said " There
were seven or eight persons round the door, your
Worship."
Mr. GREENWOOD—But this man was in the public-
house, and not in the street; at least the police-sheet
says so.—The constable was silent.
Mr. GREENWOOD—You had no right whatever,
publican, to give this man into custody, nor you con-
stable to take him into charge. The man was in a
house, and not obstructing the public footway or dis-
turbing the public peace. I discharge you prisoner.
111ARYLEBONE.
Catherine Lindsay, alias Caroline Sher V a young
smartly-dressed girl, was charged by one of the offi-
cers of the Mendicity Society, with begging.
The complainant said that the prisoner was decidedly
one of the most artful, and consequently one of the
most successful, begging-letter impostors in London,
generally representing herself as a soldier's daughter,
and showing a number of cards from individuals its
high life, recommending her as a deserving and
worthy character. He could produce a host of wit-
nesses, if necessary, but had only brought three, as
he thought these would be sufficient to convict her.
John Charles Campbell, surgeon, of Weymouth-
street, said that he was informed by a lady residing
near the Regent's-park, that the prisoner had called
upon her, representing herself as sent by witness, and
the lady had consequently assisted her with money
and clothing. He (witness) wrote to the Secretary
of the Mendicity Society, giving a description of the
girl. The prisoner subsequently called upon himself
and
3,ai
a petition, purporting that her father was
a s e showedrgea _l
or in the 10th Foot, at present in
n t
India, and that she wished to go out to him, but
wanted money and clothes. She also showed a great
number of cards, principally from noblemen and gen-
tlemen of high military standing, who she said could
vouch for the truth of her story. He, however, gave
her into custody.
James Danielfs, servant to Miss Parker, of 45,
Upper Henley-street, said the prisoner called upon his
mistress with a similar story, and was assisted by her.
Police-constable 87 B said, she had been frequently
before the Magistrates of Queen-square, and was
some time ago sent by the late Mr. Gregorie to the
House of Correction for six weeks.
Mr. Ri.vvLiNsoN said, that from all he could learn,
lie believed her to be an impostor of the worst class,
and he would therefore send her to the house of Cor-
rection for three months.
UNION-HALL.
Fifteen destitute objects were brought up for re-
fusing to do the work assigned to them in Newington
workhouse. The defendants, who were all nearly
destitute of clothes, were admitted into the work-
house on the preceding night, on agreeing
to work for four hours the next morning.
When, however, they were taken into the stone-
yard, they refused to break stones, saying that they
were incapable of doing it owing to their want of
rest the preceding night, the place they were put to
sleep being so cold and damp they never closed their
eyes, and were therefore unable to go to work.
The MAGISTRATE said that it was lamentable to see
the number of destitute creatures who were brought
up day after day from Newington, and that there
must be something wrong in the system there adopted
with respect to cases of the above description, and the
sooner it was altered the better. He then committed
the defendants for seven days each, and to be passed.

-
WARD OF FARRINGDON WITHOUT.—OD Monday
afternoon a very numerous meeting of the inhabitants
of St. Dunstan s-in-the-West was held at the Com-
mittee-room, adjoining the Church, Fleet-street, for
the purpose of nominating fit and proper persons to
be elected as Common Councilmen for the Ward and
Inquest. Mr. Churchwarden Rogers
in
James Ramshaw (Deputy), Mr.
John
anir. dMr. Edward Hodgson, the present
'nCfoorhtn Charles
mhtmeho chnWhaarCialre' sord Councilmen, were again nominated, and the
nomination to the inquest being also chosen, the meet-
ing broke up
after returning thanks to the chairman.
On Friday week, Mr. Frank Stuart, son of Lord
Dudley. Stuart, met with a serious accident on the
Cherry.hinton.road,
fall-
ing with him,
with heSsesiralJaSmires
near this town, by his horse
Mr. Stuart came violently to the
ground. A concussion of the brain was the conse-
eightquence,Londaonnd.forty-
. hours. Though some apprehensions were en-
morning.
remained insensible for nearly
tertained for his life during this interval, he is now
in a fair way of
recovery. Lord Dudley, who was
returned syeensHLtte iefer
doruratß.eya.
.t 3 and:
deraeni
..
__ has o
ibeennbri
dsgt staying yi ng
Chronicle.here
Thomas
Graham,
at Arbuthnotthe H hado a.
on in-
terviewffiee
Highness the Duchess of Kent has,
through Sir George Couper, transmitted an order to
the Blind Asylum at Newcastle, for a shawl similar
to those sent to the Queen, worked by the inmates of
that excellent institution. Her Royal Highness the
Princess Sophia
has also requested to have one sent
to her.

COLLEGE LIFE.—We are requested to state that
College Life," by
J. Hewlett, M.A., late of Wor-
cester College, Oxford, author of " Peter Priggins,"
" The Parish Clerk," &c., in 3 vols., is published this
day by Mr. Colburn, of Great 11Iarlborough-street,
and may row be had at all the libraries. Mr. Col-
burn has also just published the following popular new
novels :—l. Phineas Quiddy, by John Poole, Esq.,
author of
Club, by M.
H. &c., 3 vols. 2. The Naval
Barker, Esq. (the Old Sailor), author
" Paul Pry,"
of " Tough Yarns," &c., 3 voi. 3. Self-Devotion,
or the History of Katharine Randolph, by the au-
thoress of "The Oaly Daughter," edited by the author
of " The Subaltern," &c., 3 vols. 4. The Nabob at
Home, by the author of " Life in India," &c., 3 vols.
5. The Czarina, an Historical Romance, by Mrs. Hof-
land, 3 vols. 6. Masaniello, an Historical Romance,
edited by llorace Smith, Esq., 3 vols. 7. The Ma-
ncevring Mother, by the authoress of " The History
of a Flirt," 3 vols. 8. The School for Wives, by the
authoress of " Temptation," 3 vols.