The Sun.
London, England, 1842-05-28 00:00:00

COURT OF QUEENS BENCH, May 27.

The Court was engaged this morning in hearing arguments
on cases in the special paper. All the proceedings were of a
purely technical nature.

BAIL COUI?7', Hay 26 .
MAGNAY AND ROGERS V. MONGER.

Mr. Watson appeared for the plaintiffs ; Mr. Humphrey
for the defendant.

This was an action brought by the plaintiffs, to recover
poundage for the execution of capias ad satisfaciendum, to the
amount of 2161. 17s. The defendant pleaded that the capias
was not endorsed to satisfy 2161. 175., and that the writ was
not delivered to be executed in due form of law.

It appeared that the writ was sent to the sheriffs' office,
marked with a non est inventus, and when that is the case it
seems to be the custom in the sheriffs' office to take no active
steps to execute the writ. After the writ, thus endorsed, was
sent to the sheriffs, Mr. Brokenshii e, the person on whom it was
to be executed, came to the sheriffs' office, and delivered
himself up, on which he was taken into custody,
and when the Sheriffs made application to the defendant for the
poundage, which has been from the time of Queen Elizabeth
Is. for the first I/, and 6d. for every other 11., the defendant
refused to pay it, and the present action was brought in conse-
quence to recover 71. 18s. poundage.
Some evidence having been given upon the practice of the
Sheriff's officer,

The LEARNED JUDGE said he did not see what question was
to be left to the Jury.
Mr. HUMPHREY said that he apprehended it might be left
to the Jury, to say whether the writ was delivered to be ex-
ecuted.

His LonnsHir said that the plea was that it should be exe-
cuted in due form of law, and inquired whether there was any
precedent on the case?
Mr. H uazrH KEY said that he believed the question was never
raised before.

It was ultimately arranged that a verdict for '7L its. should
be entered for the plaintiffs, with liberty to enter a verdict for
the defendant, if the question of law was decided in his favour.

INSOLVENT DEBTORS' COURT, May 27.:

IN RE GEORGE PEPLOS.
The insolvent in this case, who was an omnibus and cab pro-
prietor, was opposed in person by a creditor named Alder.
It appeared that the insolvent had been his tenant, and hav-
ing gone in arrear of rent, a writ was issued, and, as is fre-
quently the case, the sum named was larger than that due,
although the insolvent was made aware by the opposing credi-
tor's attorney that this was merely a matter of form. The
insolvent pleaded to the action, and consequently much extra
expense was imposed on the plaintiff before judgment was taken.
The grounds of opposition, therefore, was for a vexatious de-
fence.

111 r. Commissioner BOWEN said the insolvent had been
seven months in prison ; besides the fact that a larger sum
than was actually due being named in the writ, took away the
strict legal application of the clause against vexatious defences
in this case, and on those grounds the decision of the Court was
that he be discharged forthwith.

IN RE WILII ELM CLA UER JCL ATOWSKI.
Mr. Nicnonts said he applied on behalf of Messrs. John
Tutein and John Hodges, to have them appointed assignees in
this case. It appeared that in the year 1t336 *the insolvent
took the benefit of the Act, and his clients being
creditors for a large amount, were appointed assig-
nees. Nothing was realised from the estate, but it
appeared by the schedule filed under the present petition,
that there was surplus property to a large amount arising from
goad debts due to the estate at present, and his clients were,
therefore, anxious to be appointed assignees under the present
petition as well as the former one.
Air. Commissioner REYNOLDS inquired whether Messrs.
Tutain and Hodges had become creditors since the former in-
solvency, and, being answered in the negative, said he could not
for a moment entertain such application.

POLICE INTELLIGENCE.
1301V-S7I?EE7'.

Four dirty young girls, who had the appearance of prosti-
tutes of the lowest order, were charged with being very riotous,
creating a disturbance, and assaulting several persons, at four
o'clock yesterday morning, in Broad-street, St. Giles.
The policeman, who had the young ladies in charge, nar-
rated, in a concise manner, the facts of the case, and, by way
of a specimen of their peculiar behaviour, he favoured the
worthy Magistrate with a few choice and elegantly turned
expressions, for which ladies of their class are so justly
celebrated, which they made use of in the course of their
interesting little squabble. Notwithstanding the delicate
and chaste character of the expressions alluded to, we
think perhaps it would be almost as well not to give publica-
tion to them in our columns. During the recital of these ex-
pressions by the policeman, the pure young creatures expressed
the utmost astonishment that such neat little phrases should
have fallen from their untainted lips ; nay, they even went so
far as to endeavour to cast a slur upon the policeman's testi-
mony, by the repeated ejaculation of sundry little sentences
such as " Well, I never," and turning to each other, making
the figure of a party about to set off in a Scotch reel, each ex.•
claimed to the other in a confidential tone, " Did you ever 7"
" I never did." " Oh, dear, oh, dear," " the false-swearing
man," &c.

The policeman having concluded his statement, spite of nu-
merous interruptions, the fair creatures were called upon for
their defence.
Each one then in soft and mellifluous tones, which fell upon
the ear like the echo of sweet music, wafted through the air on
a calm quiet summer eve, commenced her statement
Lor, she war'nt near the place at hall, she was hinnocent o'
the charge ; a man and a young gal wot was very
much tosticated was a coming along when they hinsulted
her, but has she was as hinnocent as a babby, she were quite
uncapable of a doing wot the p'liceman sworn that she were, and
everybody as knoyk ed her would say the same thing on her; the
man and he young o'oman wet was a prostitoote—she was a
prostitoote—pushed her and it her ; howsomdever, she never
spoke to nobody—not a bit on it, when the ponce cum hup
and took ens all, which he's a false-swearing man ; she was as
hinnocent as the child hun-born.

We have given the defence of one—it was the defence of all ;
for so deeply did they seem to be impressed with the necessity of
agreeing in their statements, that they all, as nearly as possi-
ble, told the same tale, and employed the same words.
Mr. Jardine, however, was not to be gammoned by this
eloquent defence ; the policeman was upon his oath, and there
was no reason to doubt his testimony; under these circum-
stances, therefore, he should commit them each to the House
of Correction fur fourteen days.
The delica' e young creatures whom, we forgot to remark,
had neither of them bonnet or shawl, were then removed to
mingle with the common herd of prisoners. We do sincerely
hope and trust that their murals may nut be tainted by coming
in so close contact Kith the rest of the prisoners during their
short visit to the House of Correction.
MARLBORO G 11- STREET.
_ _

John Hood, a middle-aged man of shabby appearance, was
placed at the bar, charged with the following impudent rob-
ber), :--About nine o'clock on Thursday morning, a journeyman
baker, in the employ of Mr. Ns ilham Butcher, of No. 25,
Brydges-street, Covent-garden, bread and biscuit baker,
left a barrow of bread on the foot pavement, in Cambridge-
street, holden-square, while he went to save a customer,
in an adjoining street. During his absence the prisoner was
seen to go deliberately up to the barrow arid take out fourteen
half-quartern loaves, which he placed in a basket that was hang-
ieg in front of the barrow, and, slinging it over his shoulder,
was making off with it at a quick pace, when he was stopped
and given into the custody of the police.
MAGISTRATE—Have you anything you wish to say? Pri-
soner—Nothing; I certainly took the bread because I was
hungry.
MAGISTRATE—But you had no occasion to take so much
of it.

A Police-constable identified the prisoner as having been
convicted at the Central Criminal Court for a similar offence.

He was fully committed.
John Davey, the driver of the cab, No. 1,152, wa.s charged
with the following outrageous misconduct, while driving his
vehicle :

tiir John Rae Reid, Bart., of No, 4, Eaton-place, Belgrave-
, square, stated, that between twelve and one o'clock yesterday,
' on his leavit.g the Spitalfields Ball, given at the Italian Opera-
house, he hired the defendant's cab in the Haymarket, but, at
the time of getting in, did not perceive that the driver was in-
toxicated ; he had, however, not proceeded far before lie be-
came sensible that such was the case, and shortly afterwards
the cab came in collision with an omnibus. On reaching the
top of Piccadilly, opposite to Hamilton.place, the defendant
starting off at a furious rate, and, through his recklessness and
incapacity to guide his horse, the cab came in contact with the
carnage of Lady Montagu, which was coming in the nireetion
from Hyde Park-corner, the concussion was so tremendous
that the cab was instantly overturned, the driver precipitated
with fearful violence from his box, as was also Lady
Montague's coachman, whose head narrowly escaped being
crushed, and the cab horse thrown down, and so severely
injured, that it seemed unable to get up again. At
the tame instant the horses in the carriage took fright, and gal.
lopped forward, dragging the cab lying on its side, and the
prostrate horse, with fearful rapidity, for the distance of at
least between twelve and fourteen yards. Complainant being
" a pretty strong sort of fellow," got his arm out of the upper-
most window of the cab, and endeavoured to seize the reins of
the carriage horses, but could not succeed, and but for the
police, whose zeal and exertion on the occasion could not be
too highly lauded—having, at imminent risk to their own per-
sonal safety, stopped the carriage, his own life, in all probabi..
lity, would have been sacrificed. Complainant's face was cut
by his being thrown forward against one of the front glasses
of the cab. On being extricated, he was taken into the resi-
dence of Sir Edmund Antrobus, where every requisite assist-
ance was most promptly rendered him.
Mr. HARDwicx said he supposed there could be no mistake
about the defendant being intoxicated ?
Sir John—He was as drunk as a fiddler ; and, although I
have been importuned on the part of the defendant not to press
the charge against him, I feel myself called upon, on public
grounds, to came forward and urge his being punished with
proper severity. It is apiece of great fortune that Lady Mon-
tague's coachman, the defendant, and myself, were not all
killed, or desperately maimed, to say nothing of the peril the
party in Lady Montague's carriage were placed.
Po:ice-constable, N 0.55, of the C division, who principally as-
sisted in stopving the horses, and also took the defendant into cus-

re

tody, produced a splinter-bar belonging to Lady Mon ttetelictr •
riage which had been broken in two. There were inZ 14,
riage at the time, two ladies and Mr. Hepe, °I .'
Curzon-street, May-fair. They all escaped without injury! _,..,
The defendant pleaded his having taken a " Hale .dStiot ,
which had a more powerful effect upon him than, 11s Dt4
ticipated.
Mr. HARDWICK, having strongly commented on his
misconduct, fined him 31., and in default of payment 10
months' imprisonment to hard labour, and also suspenujej
his license as a driver for two month;
The prisoner not having the money was sent to prison'
CLERKEN WELL.
Joseph Bridges was charged with causing the death of°
Henley, by neglecting his coach and horses. Wiest
From the evidence of police constable Peck, and a V_ .plat
named Dale, it appeared that the prisoner went to drinx.sch,
of beer at the Marquis of Cornwallis public-house, in to
to
mont- street, Itrunswick-square ; that he left the coach A
door ; that the horses suddenly ran away,
ceased, an infirm old woman, was run over, there halng.
nobody left to take rare of the horses. here si"
The deceased had been removed to the hospital, w
died that morning, after suffering great pain. taint"
The prisoner stated that he had not been more than+ siced
in the house when the accident occurred. He was r!,n)
until further evidence could be obtained of a formal na`"*-
U::‘ /OA -BALL.
......„,e,• ' de
William Plenty, a young man of respectable aPPe'beiget
son of a woollen-oraper on Holborn-hill, was brought
Oro
Mr. Cottingham, charged with furiously riding and,esepol'
down Mr Edward Coukon, aged 62, palish clerk of °''' 0101
chre's, and injuring him so severely, that be is not sir'
survive the accident. fell°
and that thew;
Edward Collson, a boy of between twelve and thirt— cod'
of age, on being sworn, stated that he was the son of b_ilr" osi
son, who was now lying in St. Bartholomew's Hospital isei4
on the previous evening, at seven o'clock, he went, fleet:olY
by his lather, towards the Elephant and Castle, to wnt soh
arrival in town of the diff,rent vehicles from E 15110.40
When they got a short distance from the above inn tuglige:
compelled to go off the footpath owing to the crowds
the same direction, and when they got into the road nenrcoifi
ington Church, lie (witness) observed the prisoner,
knellalong on hot seback at a very rapid rate, aad, Ow' ,
had time to get out of the way, his father wnl• &I nr.l
down by the horse and trodden upon. Witting titifj
observe the prisoner make any effort to pull Wii:o4
mal either before or after the accident, but he los .
by a man, who caught hold of the reins, and- 4
until a policeman came to the spot, when the.,
i
was taken into custody. The witness added that he
ing close by the side of his father when he was knee:lt:4
and it was only extraordinary that he (witness) eacK"...,A0,1
being run over at the same time. His father was carnoe:
residence of a surgeon near the spot, and on examiniagaill!
was found that he had received such serious injuries '-gOOF
instantaneous removal to Bartholomew's Hospital vat
...;
dered necessary.
The prisoner said that no person could regret the
more than he did; that he was on his return from g ~,,
that the horse took fright, and he lost all control 'jot;
that was the cause of the accident.
He then called two witnesses, who stated that he
when they saw him, to have lost all control over his
that after the accident they saw him try to pull up tinHrt
but failed until he got between some carts, when the P"— 'i
Malt
seized as already described. l.)

Mr. COTTINGIIAM said that the certificate , i; 0
Coulson to be in great danger, and that, of course, WI:
not decide the case until it was ascertained what was
be his fate. mks
The MAGISTRATE then adjudged the prisoner to '—of,
his own recognizance in the sum of 1001., and find tlllik
of 501. each, to appear on a future day to answer the `"---•:,,
WORSHIP- STREET. ,
The case of William. Attwell, a brushmaker, and r'
his wife, who stood cbarged, conjointly with lfark4
his mother, with having caused the body of their di
fant, five weeks old, to be privately buried as a still-0'
was finally disposed of before Mr. Broughtou.
Mr. Ware, the Vestry-clerk of St. Leonard's, sts • '
was present with the Churchwardens, and other . Yia
cers, in compliance with a request from the Magistsluef;ol
Mr. BROUGHTON briefly detailed the eircurnstsnceM
case, for the information of the parish authorities.
,_,O
soners were first brought before him charged on
having caused the death of their child, and a strong .."
di
case was made out against them. The body of %too,
not then been found, but, through the exertions of 1, Ai
the officer, it was subsequently discovered that one of ''''",bl;
ant grave-diggers of Shoreditch had been induee'eg
p. isoners to bury it, as a still-born child, in Hoxtoto(j
yard. A coroner's inquest had been since held, 115"04,
Magistrate) was happy to say that the evidence of td
who examined the body after its dismemberment, etej
pletely to exonerate the prisoners from the more serillisti
A subject of the utmost importance, however, was d
in the case, to which he requested the serious
opp
of the parish authorities. He alluded to the extre#
with which a burial might be effected, it being 0131)__,/
..i ,
?
it would appear, to apply to an assistant grave-d 070,00
half-crown fee, who would undertake it without Ost,
demur. He hoped the parish authorities would give Suww w
their most serious consideration, and adopt measure",,
remedy of so great. an evil.
Mr. Hunt, the prisoners' solicitor, said that there 0 ll°
in fact, to be no case against his clients, and be'r -4
Magistrate would at once discharge them. '...i04,79
Some further conversation of an unimportant T'i./ .
place, after which the Magistrate acceded to the W'':„. - ,
quest, and the prisoners were discharged.

so rid
COLBURN'S NEW :MONTHLY MAGAZINE AP7,,V4
jr
MOURIST FOR JUNE.—Edited by THOMAS HeOptp
popular periodical still maintains its high position as v-0,10.
first Magazines of the day, by the variety and inw`:.
contents, and the distinguished literary repute of itsisi,
tors. The Number for June, besides a quantity of 01,741
esting papers, comprises, by the Editor, the contintis"'"
humorous " Schoolmistress Abroad," the WhisPerig
and other icier d'esprit —bv Mr. Sheridan Knowles, 6
tale called " Woman's Love"—by Mr. Poole--Fob
fig
Chapters of the facetious Mr. Quiddy's Adeento!'ef
fun—by Mrs. Trollope, an inimitable account uf
of the barna.bys in the land of Jonathan—by La
ivo
chard, a capital Essay on Legs—by Peter Prigfra Dr
account in "Graduates and Under-Gradrteial/ the
bottom and his Soiree Musicale—ankbe, 1.11 the "
papers, we have the Adventures Of
tt 17"gp";pers whicohiT
cences of a Medical Student," a series of
to rival those under the 'well-known title of "Tl' Odr,,/
Physician"—an amusing article called " Professions'
cracy," &c. &c., making up altogether one of the bests
even of this successful Magazine, that we have lately se'ue'