The Sun.
London, England, 1845-12-11 00:00:00

LAW INTELLIGENCE.
ROLLS' COURT, Dec. 10.
POTTS v. DUTTON.
Mr. TURNER, on the part of the defendant, moved that
a writ of fieri facias as well as other proceedings which
had taken place in this case be set aside, on the ground
of an alleged illegality in a sheriff's warrant.
The document not being in Court, his Lordship re-
fused to hear the case until it was produced, and the
matter was accordingly postponed.
LORD NELSON V. LORD RRIDPORT.
Mr GARDNER resumed the reading of the evidence of
the plaintiff's witnesses, which consisted of the answers
of two eminent Sicilian lawyers to certain interrogatories
respecting the tenure of feuds in Sicily, and which had
not been cited before.

VICE-CHANCELLOR'S COURT, Dec. 10.
(Before the VICE-CHANCELLOR of ENGLAND.) -"'
His Hunour took motions to-day, it being the second
seal after Michaelmas term. The Court was occupied
the whole day with the arguments in the case of "Preece
and Wasdell," which came before the Court upon mo-
tion to dissolve an injunction restraining the defendant
from proceeding with an action of ejectment. The argu-
ments had not concluded when the Court rose.

C'OUR7' OF QUEEN'S BENCH, Dec. 9.
(Sittings at Nisi Prius, before Mr. Justice COLERIDGE
and a Special Jury.)
TOPRAM V. PRICE.
(Continued from our Morning Edition of yesterday.)
William Store—l was an apprentice to Thomas Foale, and
was with him at St. Martin's-lane. I should consider that
there was about 4,0001b5. weight of type belonging to Gads-
den; it was in a very bad state; it was mere waste metal;
I removed- some type by the direction of Thomas Foale.
There was a considerable quantity stolen. The key I saw in
the door on the morning after the fire could not have been
Foale's, because I saw him pull his key out of his pocket
when the key was spoken of.

Cross-examined—Foale, Carter, and I, went over the
private house the night before the fire. We did so because
it was too dark to work, and not time to go. We even went
into the cellars ; we went because we had nothing else to do.
We shut the doors, but we could not fasten them. I did not
come out of the house with a pipe in my mouth. I took
some of the type to a pawnbroker's, by the orders of Foale.
I have seen James Gadsden remove brass galleys. I saw
Waller here yesterday ; he was in a public-house, in a room
with our witnesses, yesterday. I saw him there as late as
six o'clock last night. (Waller was called several times
yesterday by the plaintiff, but did not answer.) Waller
might have taken a snack with us at dinner yesterday. I
did not see Waller with the defendant's attorney or his clerks.
Carter re-called—l had not been smoking on the day of
the fire.
Mr. Harjette—l am a printer. In 1838 I engaged with
Gadsden as a printer. His business fell off. In October,
1839, I made an inventory of the stock by his desire, and
also a valuation. I averaged the cases at 401 b. per pair—
there were 81 pairs. The type was in a very bad state. I
put it at 6d. per lb., the price of old metal ; it was fit for
nothing else. I therefore valued the type at 150/. I would
not have given more for it. I had no idea of purchasing it.
There was a machine upon the premises; it was incomplete
and not fit for work. 40/. was the full value of it. I gave a
copy of the inventory to Mr. Gadsden.
dross-examined—l saw Waller yesterday at the public-
house with the defendant's witnesses. He said he was
subpoenaed on both aides, but he should not attend.
Stephen Walter—l am the attorney for the defendant. I
know Waller. I subpoenaed him to attend the trial. I
entreated him to attend. I knew of Wailer being in attend-
ance yesterday. I took means to prevent his going altra7.
I sent a clerk to Waller to tell him he must attend. I did
not see him till last night. I did not not endeavour to
prevent his attendance here. I asked him to come as a
witness for the plaintiff.
Cross-examined—l did not know that he had been with
my witnesses till six o'clock last night. He was with my
witnesses. I have not seen him this morning. I have sub-
poenaed Thomas Foale, and he is here. He was not in the
room with Waller yesterday. He was at another house.
L. Walter—l am a son of the last witness. I know Wal-
ler was in attendance yesterday. When he was ealled I
went over to the public-house, and begged him to come, but
he said he would not unless he was carried. As soon as I
spoke to him he ran over the bridge. I have seen him to-
day in our room.
The clerks of Mr. Walter were called, and they said they
had not endeavoured to prevent Waller's attendance.
Colin Mlienzie—l knew Thomas Foale, at St. Martin's-
lane, and used often to go to the premises. Ido not think
at any time there was more than 4,0001 b. weight of type.
John Adams—l am a locksmith. I keep a day-book, but
lam not particular to dates. Mr. Topham gave me direc-
tions to put new keys to the lock on the printing-office door.
Several witnesses were called to speak as to the value of
the type upon the premises shortly before the fire, and they
all agreed that the quantity was small. They also stated
that the information furnished by the plaintiff was not so
particular as it ought to have been.
Catherine Williams—l am the daughter of Mrs. Glascott,
and live at West-street. St. Martin's-lane. I knew James
Gadsden ; he freqnented our shop to purchase cigars ; he was
in at our shop frequently on the night of the fire. I saw
him from half-past eleven to ten minutes past twelve that
night, he was then at our shop. We wished to close the shop.
There was a clock in the shop. The public-house opposite to
us was closed. James Gadsden lived at a public-house.,
About half-past one that morning I heard some one rousing
Gadsden, saying, " Get up, Gadsden, your father's houses are
on fire." I got up, and saw Gadsden come out of the public-
house, and go towards the fire.
Mary Ann Glascott, the mother of the last witness, cor-
roborated the testimony given by her daughter.
Elizabeth Mary live opposite the house that was
burned. On the day of the fire I recollect goods being re-
moved from that house. I saw Mary Wheale leave the
house in the eveeing. A man was standing near her. In
the course of the night, I believe, but will not pledge my
oath, I saw lights upon the premises. To the best of my
belief, I saw the light of a candle in the house ten minutes
before twelve. lam sure it was before twelve.

W. Braddock-- I am a cabinet• maker in West-street, St.
Martin's-lane. On the night of the fire I was getting into
bed, when the alarm of fire was given. I dressed and went
out, and found a fire at No. 2. I then went up to a public-
house, and called up James Gadsden. I went down with him
to the fire.

John Marshall—l knew James Gadsden. On the night of
the tire I was passing along St. Martin's-lane, and saw James
Gadsden come out of the private house, No. 2. It was just
after the public-houses were closed at twelve o'clock. I have
no doubt it was him. He ran towards West-street. There
was a person waiting at the corner of West-street. Gadsden
appeared to join that person. I have no doubt that person
was Topham, but I did not pay attention enough to know.

I did pay attention enough to say that it was TOjpham, but I
could not swear it was him. I saw them both next morning.
I said " The premises are burned down at last." Jas. Gadsden
laughed, and Topham would not look me in the face.

Cross-examined—You have met me before, when 1 was a
witneQs against Gadsden.
Did Baron Gurney tell the jury you were not worthy of
credit ?—No.

lam an accountant, also a calculator. I have been with.
Mr. Waddy, the Parliamentary agent, as clerk. It is Cad-
wallader Waddy. I am now expecting an appointment. I
have been living on my own resources. I I received
money from Mr. Treherne, in September, for calculations
made for Lord Fitzwilliam. I received money last year from
Mr. White. I assisted in compiling Marshall's Statistics. I
knew Colonel Cassell of the Royal Marines. I had money
from him for negotiating private matters for him. I was
his secretary. I knew Lieutenant Norris. I have heard of
Stephen Pearson. There have been differences in my family.
I did not call Colonel Cassell "Jem with the long pocket."
I have high letters of recommendation from him.
Witnesses in reply for the plaintiff.
W. M. Ashford.—l keep the public-house in West-street.
James Gadsden was in bed about a quarter before twelve that
night. Before he went to bed he had been asleep in my par-
lour from ten to eleven o'clock. He might have gone out. I
am not certain. lam sure he was in bed before twelve.
Cross-examined—He only remained in my house a few
days after the fire. I called Gadsden that night, and had
some difficulty in waking him. I will not swear Gadsden
might not have been out of my house for half an hour that
evening.
Re-examined—He could not have been standing at the
corner of the street at twelve o'clock.

- . -
Lieutenant Norris—l am a lieutenant in the navy. I knew
John Marshall. I would not believe him on his oath.

Cross examined—l was subpoenaed this day week. I have
known Marshall from May, 1844.
Re-examined—l knew him in connexion with Colonel
Cassell.

Stephen Pearson—l know Marshall. I should say he was
not to be believed on his oath.
Cross-examined—l am a clothes-dealer in Lamb's Conduit-
street. I have heard Marshall make oath before in the Court
of Exchequer.
W. E. Tapster—l am the proprietor of the Craven Hotel.
I should hesitate to take Marshall's word on oath.

Cross-examined—He used to call upon Colonell Cassell
until he was denied. I was present at some of the interviews
between them.

Dowdell—The plaintiff lodged in my house in Jul",
1843. He came there with his wife between five and six
o'clock on the evening of Saturday, July 15. He was in bed
with his wife before half-past 10 o'clock that night.
Cross-examined—My house is in Great Quebec-street.
By the JUDGE—Somebody came for him on the Sunday
morning,
The SOLICITOR-GENERAL then addressed the jury upon
the evidence produced by the plaintiff, in reply.
Mr. JERVIS then addressed the jury in reply upon the
whole of the case; he spoke in very strong terms upon the
aoubdtal?i%nedo
in
fact of Waller having been kept and fed by the defendant's
solicitor.
thatrtiltfrowmasTehvoimdeasntFoaie(
the plaintiff
was closeted
could
up probably with Waller, and who was such a witness
that this immaculate office dared not call him), and he
had made out a claim from the inventory which had before
existed; he had, therefore, done all he could. Where was
Thomas Foale? he was at this moment eating at the expense
of this office; if they cared only for their character, why did
they not produce him? if they dared not trust to him, why
did they keep him in good humour? They took his slander,
but would not give the plaintiff an opportunity of showing'
the polluted source whence it came. With regard to the in-
terest of the plaiplaintiffinthe property, he contended that the
acts of ownership exercised by the 'plaintiff now proved his
interest in the property, and that he was entitled to a verdict
upon the policy. The Learned Counsel, in a speech of great
length and considerable force, then insisted that the defendant
had not substantiated his pleas, and that not only must those
be found for the plaintiff, but also a verdict must be given in
his behalf for the amount of the policy on which his insurance
was effected.
Mr. Justice COLERIDGE concluded his summing up at half-
past nine o'clock.
The jury, after a short consultation, asked to look at the
lease, which was accordingly handed to them. After inspect-
ing it, they again consulted, together for a short time, and
then returned a verdict—That the plaintiff had not produced
proper vouchers as required by the defendant; that the
plaintiff was not possessed of the property in respect of which
he claimed; that he had not furnished so correct an account
of it as he ought to have done; that the premises were de-
stroyed by fire, but net by the act of the plaintiff; that
after the fire he made out a fraudulent account of his loss;
and that the transaction was a fraudulent one on the part of
the plaintiff.
The verdict, therefore, was for the defendant on all the
issues, except the one which alleged that the plaintiff had set
fire to the premises.

SECONDARIES' COURT, Dec. 10.
(Before Mr. Secondary POTTER.)
ABSENCE OF JURY MEN AND ATTORNEYS.--On the
names of twenty-four jurymen being called only eleven
answered, notwithstanding that a week ago four were
tined 51. each for non-attendance. On another juryman
being found, further delay took place in consequence of
none of the solicitors being in attendance. The counsel,,
Mr. Payne and Mr. Thomas, urged that all the cases
ought to be struck out, as it was too bad that the busi-
ness of the Court should be at a stand still.