Star.
London, England, 1829-01-21 00:00:00

BANKS& V. BARIUM AND ANOTHSIL

This was an action of trespass-for injury done to use
hithitu.e belonging to the plaintiff.
It appeared that the plaintiff held Omit prethites

from the deftp, *WA the latter were desirous of
repaiiing, Eli t tfieaintiff ivould'not 'cOnienr: The de-
fendants, determined to carry the 'repairs into effect,
took possession of the premises, and repaired them
against the wishes of the plaintiff, and in so doing broke
and other wise damaged the furniture in question.
TheJwy found a verdict for the plaintiff—Damages,
Twenty Pounds.
The CHM JUSTICZ recommended the plaintiff to
make some arrangement, and accept of a less sum, in
order to prevent further li igation, as the damages were
certainly more than the circumstances of the case would
justify.
Mr. Serpeant WILDZ decline.' to do so, and said that
501. were given in a case yesterday, and no such sug.
gestion was thrown out.
The CHIRFJUSTICE said, that the circumstances of
the case were very different from the present. His only
object was to prevent wmecessary litigation.

Days! V. SMITH.
This action was brought by the plaintiff; owner of a
house io King's Parade, Chelsea, against the defendant,
a Gentleman of large property, 'for a quarter's rent.
Mr. Sergeant TADDY saiJ that the defendant was
a very thin skinned man, for as soon as he saw a bug in
the house he took to his heels, and never entered again.
The plaintiff called the brisker who let the house to
the defendant, who swore that he assured Mr. Smith
the house was clean, but not free from hugs.
For the defence it was proved that the defendant in-
quired if there were any bugs in the house, and that
the broker replied it was perfectly free.—Several wit-
nesses swore that the bugs were innumerable.
The CHIEI Aram' said he could not allow the case
to proceed; and the plaintiff was accordingly nonsuited.

COURT OF ARCHES, Jas. 20.
PRACTICR Or THE COURT.
In a testamentary suit resl•ecting property of incon-
siderable amount, a ques ion came before the Court this
morning, involving the p. it:t whet•rer. in appealing
from a Sob Dean's decision, there should be an inter
mediate appeal to the Bishop's Court befo:e an appeal
was made to the Court of A•ches ? In the present case
it happened that the Sub Dean of Sarum was the Judge
in the Bishop's Contr., so that if the appeal were lodged
in the first instance in the Bishop's Court, it would be
virtually an app-al to the same person in a new capacity.
On the pot of the respondent, it was urged that the Sub
Dean's Court was one of ezenstit jurisdiction.
Sir JOHN NICHOLL said, that the general rule wax,
that there should be an appeal in the first instance to
the Bishop's Court; but the present case justified an
exception to that rule, as the Sub-Dean and the Juilge
in the Bishop's Court was one and the same person.—
Under these circumstances there was a just.fi able groun I
for relaxing the general rule, and for allowing the ap-
peal to be made directly in the first instance to the
Court of Arches. After borne suggestions to a com-
pliance with the formal mode of bringing the matter
before the Court, it was ordered to stand over until the
next Court Day.

HAMERTON V. lIAMIRTON.
In this case, which was a suite instituted by Maj,,r
Hamenon, for divorce from his wife, in cousrq•ience of
adultery commi•teJ by her with Mr. John Bu,he, the
decision tithe Court against the divorce had been su•-
pended, and leave granted to examine witnesses iu
Paris, for the purpose if moaning more satisfactory
and cunclu•ive evidence of the adultery than had been
adduced at the original hearing of the cause.
Dr. Lusursorox stated that the Proctor of the Major
had been in Paris since the last suspension 01 the suit,
and had been furnished with allegations which brought
the guilt of adultery nuts directly home against the ac-
cused parties than had appear ed in the former testimony
exhibited to the Colin.

Sir JOHN NICHOLL directed, thAt before these alle-
ptions were submitteJ to the Court, they should be
embodied in affidavits, that the opposite side should be
furnished w th copies of them, and that the subject
should lie over until these ditectiona were complied with.

OLD BAILEY SESSIONS, JAN. 20.

OLD COURT.

Benjamin Barrup, the young man who was tried on
Friday last for the wilful murder of Mary Mortlock
and acquitted. was this twining again placed at the bar,
on a fre.h indictment, charging him with malicioudy
shooting at the said Miry Mortlock, with intent to do
her some grievous bodily harm.
Mi. Cftrosawat.t. conducted the prosecution, and Mr.
CLA RKSON appeared for the defence. The evidence was
the same as on the former trial.

The prisoner, nn being called upon for his defence,
handel in a written parer. in which he declared he had
not the lug recollection rfthe circum• tancesattencling
the dreadful affair. His intenti.n was to shoot himself,
for his life, f late, had become miserable :to carry this
resolution hue. effect, he drank more than usual, that he
might possess sufficient courage. With the unfortunate
deceased he never quarrelled; t'.e thought of depriving
het of life bad never once entered his imagination. He
trusted the Jury would t ke a favourable view of his
case.

Mr. CLARKSON then called William Pearson,' tailor,
who stated that he had known the prisoner for two
years ; tor the last few months witness thought he had
shown considerable symptoms of a disordered mind ;
he had on one occasion attempted to destroy himself.
'Oa the thy this lamentable transaction t ok place wit-
ness dined with the prisoner; his conduct on that day
was most extraordinary; he talked in a w ild incoherent
manner ; he told witness he had been reading in the
newspapers that a Gentleman had shot himself in Hyde
PAlk, and said, " do you think if 1 was to shoot myself
the newspapers would call me a respectably dressed
Gentleman Withess always considered him to be a
good-natured kind-hearted young man; he drank more
than he was accustomed to do on the day of the accident.
Two other witnesses deposed to certain facts tending
to show that the prisoner was at times in a disordered
state of mind; he used very frequently to say that he
was tired of life, and would shoot himself; the prisoner
had been drinking on the night in question, but not
sufficient to make him drunk.
Mr. Justice Peat summed up the case at very great
length. His Lordship said the prisoner was inducted
under an Act of Parliament parsed during the lait Ses •
iron, which enacted that any person who should unlaw-
fully shoot -ar, or draw the trigger, or in any other
manna auempt to discharge gun or pistol, with in-
tent to murder or do anyboshly hal m. should be deemed
guilty of a capital Irbil. This Act in part altrred
"het is generally called . Lord Ellenborough's
which did not make the offence wi.h which the prisoner-
was charged a capital crime ; that Act only included
persons whorytempted to destroy life with a sharp in-
druclients before the passing of Lord Ellenborough's
Act, abou.SOleao.. ago, if deem did ant ensue, no
perrop cnisid be indicted capitally. His Lot &hip then
made some remarks on e atternet (I the witnesses to
prove Oak the prisoner was intoxicated; but even if lie
was, it was no excuse in law; drunkenagis never could

be pleaded in. extenuation cf an offence—it seise' all)
aggi Mr teak.
The Jury considteil for a short time in the 66i, and
after an Absence' of An hosii, they tetutiled inicitouit
with a verdict' of Guilcy.
Jobs Osborne, a soilur with one arm, was indicted
for wilfully' and Teloninutry editing and stabbing Mary
Murrel, with intent to do the **aid' Mary Moire' some
grievous bodily. harm.

Mary Motel, who resideb in Ynrk•stteet,%Vhitechspel,
stated that she was an unfortunate gill, and the nature
of the assault.

The prisoner, in his defence, sad that l e had lost his
arm at the battle of Navarin. Last Monday week he
came to town to receive his' pension ; he met this girl
at the public-house she spoke of ; she sat by him, and
put her hands into his potkrts, took out a sovereign anJ
a half, and ran out of the house; he was drunk; he fol-
lowed her in great agitation at the loss of his rn,,ney ;
he did not know what he did, he was so drunk and to
agitated.
Martha Amie examined by the Bench—Tire pri-
soner ieftoed to run away al,er stabbing the prosecutt it.
thrush witness's mother recommended Itim to make hi.
e.cape. He said that he 4, would not go away till Ise
had his money or the prosecutor's life:
Mr. Baton VAUGHAN, in summing up, said there did
' not seem sufficient evidence to support the felonious
assault.—The Jury, after a few minutes' consultation,
returned a verdict of Not Guilty.
' Frederick Byrne, about 25 years of age, was indicted
for stealing in the dwelling-house of Mrs. Catharine
Poole widow, a watch,value 81.
1 _ _ _

Mrs. Poole detailed the particulars of the robfsery,
(which agreed with the statement inner P.per of Ts Way,
under the head of Mat y.l.i-honne Office.)
The Judge asked the prisoner if he wished to say any
thing? He replied, " No, In) I.lrd, nothing; except
that I am innocent."—llia Lind:hip then *unlined up
tI e evidence, and the „Lily found the prisoner (bay.
but of stealing under the value of 5/.
The same plisonet was again indTted for stealing in
the dwe'ling house of Am' Augusta fnneval, a gold
rel eating watch, value 151. bi; provity.
Maria Geneval, wife to the !nose. utor, stated that
the ptisnner called, on the 26th of D cember, to look
at apartments; site showed him the fits, fl .or ; on re-.
turning down stairs to the pat lour, he observed—" 0,
I suppose roll want a reference." Ile throb wrote his
name on a piece of papa —" Mt. Martin, No. 4, Shad-
well-street ;" as she was about to let the prisoner out, he
sold Oh, I have forgotten my glove;" she sent up
.taits. and en her main down again found that the
plisotrer was off; she then sent into the p olour, and
missed from the mantel-shelt a gold 'creating watch ;
its value vas 91. or 191. it belonged to a customer ..f
her husband.

In his defence, the prisoner did wit chny having been
at the house. Ile. however, deaireJ Lis rnnoceua•.

The Learned Juuos summed up the evidence. I:,r.m
the appearance 4.t the pnsoner, anti from the liberal
Pdu:Ation he h.td received, it was lamentable to think
that he should have been so depraved as to have pre-
ferred a li.e of clime to honest industry.
The Jury returned a verdict cif Guilty.
The JoDort said. he did not think it neces‘ary to go
any father, although he wit: sorry to ',ay there were
three other indictments for similar offencer.