The Sun.
London, England, 1842-03-07 00:00:00

RAIKES V. WARD.

In this case, the question being as to the construction of a
will, his Honour said that in the present state of the case it
was not open to him to decide the point raised at the bar.

N SOLVENT COURT-(THIS DAY)

IN RE CHARLES VALENTINE AUSTIN.
The insolvent in this case, who described himself as a
water-gilder, carrying on business in partnership with his
mother, was opposed by Mr. Cooke, on behalf of a creditor
named Osborn. His petition was supported by Mr. Woodroffe.
It appeared that he had been in the habit of accepting bills
of exchange, drawn by a person named lea Jand, and some
four years ago the opposing creditor, who was clerk to Mr.
Pemberton, the Chnicery barrister, discounted two of those
bills for 501. each, payab'e in three months, for which a rate of
interest was charged equal to 12/. per annum for 50/.
Not being able to meet them when they became due, they were
renewed upon similar terms, and now formed the grounds of
opposition to the insolvent's discharge. Headland passed
through this Court in last January, and the insolvent's mother
had likewise taken the benefit of the Act about twelve months
ago, since which time she died, and by her wal left him a por-
tion of her share in the trade, but only one attesting witness
being to tl.e will it was invalid.
Mr. WOODROFFE said his client's caw required the attend-
ance of Osborn to give evidence touching the eircumstanc,'s
under which the bills were discounted, as he (Osborn) had so
very frequently appeared in this Court to -oppose insolvents
under circumstances similar to the present, it was desirable to
have as close a se utiny as possible.
Mr. COOK said it would be utterly impossible for him to be
present, as he was obliged to be in attendance upon Mr. Pem-
berton at the House of Lords, who was engaged in several cases
of appeal.
Mr. Woonaovia was about addressing the Court for the
insolvent, when
Mr Commissioner REyrioens said the facts of the case, as
they appeared at present, rendered such aeourse quite unneces-
sary on the part of the Learned Gentleman, as nothing tran-
spired to induce an adverse jifttgment.
The insolvent was then ordered to be discharged.

CRIMINAL COURT.-(THIS DAY.)
A NEST or TIIIEVES.—SamneI Baskin, aged 21, waiter,
James _Fernley, aged 24, painter, If illiant Henry Fernley,
aged 14, labourer, George Fernley, aged 59, porter, Eliza-
beth Ann Fernley, aged 23, spinster, and Abigail de Soiza,
aged 23, spinster, were indicted, and the indictment charged
Samuel Ilaslem, James Fernley, and IV. H. Fernley, with
breaking into the dwelling-house of John Oliver, and stealing
one coat, two boots, .two table-cloths, &c. his property, and
George and Elizabeth Ann Fernley and Abigail de Soiza with
feloniously receiving the same, well knowing them to have
been stolen. Another indictment charged the pris2ners with
stealing and receiving one hat, two boots, three rings, one
pencil-case, and a great variety of other articles, the property
of Joseph Rawlings. The prisoners were also detained upon
two other charges of burglary, and no IC'ss than eighteen
charges of larceny.
The charge of burglary in the dwelling-house of John Oliver
was taken first, and from the evidence adduced, it appeared that
on the 29th of January the wife of the pro.ecutor heard a noise
up stairs, and on proceeding to the parlour she found the win-
dow open and a ladder placed against the outside of the house.
She immediately looked round the house and mis,e I the arti-
cles named in the indictment. The prisot.er resided in the
neighbourhood of Whitechapel, and sub,equently to the robbery
it w s eiscovered that the property had been pledged in that
neighbourhood. From information received fron► the pawn-
brokers, the prisoners were taken into custody. A quantity of
the property was found in the house of the elder prisoner.
A small house had bee❑ taken by the prisoner Ilaslem, and the
prisoner, Elizabeth Ann Fernley, cohabited with hi n. A
great number of articles were brought to the c•At age by the
prisoner Haslem. The pawnbrokers with whom the articles
were pledged were put into the witness-box, but they cou;(1
not s•sear to the drisocer Elizabeth Ann Fernley. The arti-:les
were pledged in the name of Bennet. The prisoner De :Fo:za
lived as cempanion to the prisoner Elizabeth. Ann Fernley.
The prisoners were all taken in the same house, and the boots
named in the indictment were found on the feet of the younger
prisoner.
Several witnesses were called who gave the elder prisoner
'an excellent character.

The RECOADYR having summed up the evidence, the Jury
returned a verdict of Guilty against the prisoners Ilaslem, Eli-
zabeth Ann Fernley, and William Henry Fernley, and acquitted
the other irisimers on the ground that tkere was not sufficient
evidence aga list them.

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The other charges were then gone into against the prisoners,
and the same verdicts taken.

The prisoner Haslem was then sentenced to be transported fur
life, and the prisoner Elizabeth Fernley to be transported for
the term of fourteen years. The sentence en the other prisoner
was (1, ferred.