The Sun.
London, England, 1842-01-14 00:00:00

.t:XCIIEQUER.—(THIS DAY.),
RAPSON V. CUEITT.
13. ANDREWS moved to set aside the verdict in
1 1
4)4 ease, which at the trial which was heard before
ijAbinger at the sittings after last term,
it 3 found for the plaintiff, with
.5002 damages.
facts of the case as stated by the Learned
builder. were these e defendant was the eminent
palider, and ,had entered into . a contract with certain
eiTes, members of the Clarence Club, to repair their
Clu-house, and amongst • other things he was
g-ti„ tepair the gas apparatus. }Le, not being a
11r. fitter himself, employed a person named
and t
cot,- . 0 execute that part of the work. In the
rinse of the :repairs, certain of the members deter-
p,.'"e(l to light a figure which stood on the
ep,„..' stair-case. This was a deviation from
.the
galß9ation under which the defendant was working,
to the order: for it was given direct to Bland. In order
1'00,.4't the figure, a pipe was to be carried through a
iva;t4. 9n the landing. and from thence to the figure. It
kot.e4lried up so far as the room on the landing, but was
&rs fitlished on the 19th November, when the gas was
404t,ighted. Upon that occasion it was sworn that the
ci~etlt Nand had properly stopped the pipe, and no ac-
Ilfoccurred. The gas was again lighted on the follow.
ajdar from four o'clock till eleven, the younger.
4,7", was-on the premises, and offered to put out. he,
to, '-‘91.1t the butler of the. Club said he understood hew
4iiitlantige the apparatus, and he would do it. About
tooe,c:, cfvlock the servants had gone through th*
at4l, in question, and gas was escaping, but
40 that time, though the smell was offensive,
explosion took place, although a lighted
tyift.e was, carried through. The plaintiff and his
thee, who were servants of, the club, had been spending
evening out ; they Came home at one; o'clock,
'ln, a
oceRSlOll to pass through the room in ques-
aird
violent explosion took place, and both plaintiff
his wife were much injured. The Learned Counsel
~:I°lvcontended that the defendants were not liable, as thu
„r;Pe which caused the explosion was not any part
tll the work for which they had contracted, and as he
°light the verdict was in some measure against the
l'itience he would take his rule in the alternative, either
to
t a nonsuit, a new trial, or arrest of judgment.
kile granted.

THORNTON U. CHARLES.
to This was an action for the value of a quantity of tal-
W, which was tried before Lord Abinger, at the Lon-
:Sittings after ,last term, when his Lordship' non-
the/t tiff.
verd-t ten.tnns now moved for a rule nisi-to enter a
le
starter-9 fur the enintiffs for 8371. under the circum-
tar nepLaintiffs, Messrs. Thornton and West, are
trllg' dealers in tallow as well as other things; in 1840 they
Pped Smith end Marshall to sell for them 200 casks
u, e best St.. Petersburgh yellow candle tallow.
to and and Afarshall were also the brokers of the de-
-I,i4dOttts, and of the 200 they sold to them 50 casks
elirered between the Ist of September and the
of December. They sold the whole 200 casks
th
titr, ree parties, none of whom were known to the plain-
xhe„ The tallow- was put at their order on Sept. 11
404 the defendants objected to receiving it as. their
othwas large, and the broker said he would deliver it
eist Partis, and give them theirs after.. They he-
th l'arlitrupt soon after, and the plaintiffs fi n,g
~ttitireLt books, to whom the tallow was sold, -brought
iC'ti(3n, althouel none had, in fact, contended
e Ldefendants. The Learned Counseled
t", delivery to Smith and Marshall was
4Lnelirery to the defendant, as that firm was act-
11,tenie agent for them as well as the plaintiffs.
Ilttiv,-,,,sutrisT had never heard such a proposition before,
ttatit;" case was one of much importance, they would
Ntr,Ne and as the- facts were all agreed on, it had
he turned into a special case.--Rule granted.

QUEST AT BIRMINGHAM.
(PROM A CORRESPONDENT.tQape )
13.—The dreadful case of Bassilesa
who was shot dead by her husband,
St
i,._eaPenhill, as stated in The Sun of Mon-
-13,`, has become one of engrossing interest
r7,0(1y-vstlliagbam An inquest was held on the
tiesd
"3' Mr. S.tinton, and on the following
:ark al Jury was empannelled at the Grand
bat; 'llcigate-hill. The evidence of John Day,
Nis% thirteen years of age, who witnessed the
Utiri-eti°ll) brought nothing against Steapenhill,
"ilvt;`,.t,he evidence of a young girl, named Caroline
!Cep-Th.5J a curious fact transpired that she had
with-Panied the deceased to a fortune-teller's,
Lsholidhe avowed object of inquiry whether she
'v ed„' die from sickness or from shooting. On
the 'eaday the inquiry was resumed,. but
taado•Traner ordered that facts should not be
1140-:caow.n till the whole evidence had ap-
he
,') and it was in course of continuation at
Bt,-"nent that our informant left.
aPenhill, the prisoner, is a young man,
„.18 dart twenty-six years of age ; his complexion
and he was a member of the Tee-total
dartiVeranceSociety; the waddingof the gun found
Part e body of his deceased wife proved to be
of. the " Temperance Advocate ",of a recent
lie,
h The deceased .was 25 years of age, and
44(1 leen married to Steapenhill about two years,
qiestuorne him one child. The wound in her
is" four inches in depth; much unhappi-
-4,liSiti; tePorted to have existed between. them
PrObaii°at of family quarrels. The verdict will
.-j'Y he given to-night.

, Mt, Cil URCH-RATES
'44, t-115LEBOROCUll, YORK, JAN. 13.—0 n Thursday
tstr",lo Gth inst., a meeting was called at the Church
tisi'v 1,.,(/ I,"Y a 'rate. The minister took the chair !i,
-"e ill '''''''ek, and proposed that a rate of one penny in
saand.should be levied. An amendment was prp-
-941 Cthat .the m tishould adjourn till W
1c1;1;4Y, the thaireme an''refused to put it. Another
J'lrit-41. an was proposed, and carried by a largo_ ma-
,til4! and the rate negatived. On Sunday, the 9th,ttitiiii..-
t44scla il'itiee aPpeared on the church door for a mee ,
Pe clay, the 13th. At the hour appointed, aboutsoo
thqr nrs assembled but the Church party never showed
}‘ aleele•es, and thus; treated the people with contempt.
l'Y it lug* is notv(l2 o'clock) held in the market-place
e
44(4,e, antiparty. It is impossible to levy a rate. in
Leoorough. Government should settle this question,
8k.,„
,•,k,„--11.ty's - MISCELLANY FOR JANUARY..-...
4 eR - 4' the periodicals at the commencement of the New
it
Pnt ti)rth high 'claims to the support of the public,
4441% kn,ow of none which offer greater attractions
441)46—'41"Y. Leaving polemical matters to its Con-
tqlisi,:ia,i‘es, or a more sombre cast, it devotes itself ex-
L'ader,,-) ,0 the entertainment and amusement of its
"istrlk4l.not neglecting, however, to combine therewith
N 4114". The first number for the New Year gives
!j4ll(lite of increased talent and variety. Where all is ex-
ell, Linte scarcely know which to select for commenda7
tit,,, the continuations of 4, Richard Savage" and
tt4e,2l.Y Thorn," which grow in interest as the stories
k.,.rN win
~, e anxious yoo te or
• I I 1 d f by the old sub-
rll% 'l,b, and those who are commencing the Magazine
iee 6,see.ew Year will not lay them:o.n one side after
tißs," v °nig their pages. " Comicalities of the Fe.el-
kl4%and "The Philosophy of Smoking," in twelve
able :8 smoke, both admirably illustrated, are laugh-
el ‘,14 amusing ;indeed, the whole contents, mirthi "(11' space will not allow us to enumerate, are
camerscerie,._llll.g and humourous in the extreme.—Don-
., °nide.
11'44 :umber of Noblemen and Gentlemen, amongst
C,411 were several belonging to the diplomacy at the
J'e4t4adnied at the Brunswick Hotel, Jeriryn-street,
Wli,„ ttY, to taste the suvouri faire of the cordons hleus
teitiiile: establishment :Lo well known for its recherche
w,,_tnongst the party we observed the Prince
,1-,101..,,4s Esterazy, Baron de Rotter, Due de Bleche,
irk "" d 0 Saint Auaire, de Buthyany, de Noailles, de
44enil, B,e,

'°lvil accts, on at once agree upon a case to be placed.in the
r paper.
The ATTORNEY-GENERAL had no objection to such a
course.
,lAN presumed
Lord Dexi there had been some commu-
lii4..
en
:ton with the county authorities, and that there was
110 Wish- on their part to to oppose the discussion of the
question.
hhMr. If umennErs said the Solicitor-General was on the
er side, and thought it better not to show cause against
e rule in the first ease.
Lord DENtmati—Then if the parties !ire agreed let the
eltie be put in the Crown paper.
DANIEL V. BARRY AND OTHERS.
n eeThiS was an action brought against the defendants,
~rrY and two others, for selling a vessel for a certain
.vn, and falsely describing her as fit to be on Lloyd's
l'egister, class A. 1., for ten years, knowing her not to be
The ease was tried before Lord Denman at the Utsittings At Guildhall, and the Jury found a verdict
alie plainti*adding that -they acquitted'the defendants
t(/ fraudttlent‘knowled,ge, which was tantamount to a
t-ertliet for the ciefendants. Certain questions were put
° the Jury by the Learned Judge after they had deli-
hvered their verdict,its to whether they believed the de-
ndants had any knowledge of the vessel being what she
.94(1.been represented, and their answers generally were
mat there was no evidence before them on that point.
ZiM. CRESSWELL now moved for a rule to ShoW cause
tv r
the verdict should not be set aside, and a new trial
,4", on the ground that the Learned Judge should have
tat other questions to the Jury, but
the!lThe COURT, after• hearing the Learned Gentleman's
: guments
verdict. thought there were no grounds for disturbing

. •
RAIL COURT--(THIS DAY.)
QUEEN V. THE MAYOR AND CORPORATION OF HAR-
WICH.—MANDAMUS.
Mr. BUTT applied to the Court for a rule nisi, calling
Pon the' Mayor and Corporation of Harwich to show
caus
we, 'why a mandamus should not issue commanding
tofie late al -to:adopt measures to secure the payment of 1,300/.
Town Clerk of the borough, as compensation
i" Me loss of the offices which ho held under the.Corpo-
41cm• The circumstances df this case have been fre-
gOntly_before the public.
1,34. r. Justice WILLIAMS granted a rule nisi.
(ItTEEN. V. THE SHEFFIELD, ASHTON-UNDER-LYNE,
AND MANCHESTER RAILWAY COMPANY.
enomerox applliiid, on the part of a Mr. Shaw-
cfQBs; for a rule nisi calling upon the Company to show
use why r.t mandamus. should not issue to the Sheriffs
„,, "Aneashire to empanel a jury to assess the amount
'4' mainages done to the proPerty of .the appliCant by the
4_,kadants. The applicant was a bleacher, and, in the
strul',,,6m-. of his business, had'occasion to make use of a
, vain- of water' running through his property. In con-
-011"nee of the works of the ' COnip:iny in the neigh-
f ilithood, th
pp e at
10er had become deteriorated and unfit
se -- n granted.
lea