The Daily Times.
Liverpool, Merseyside, England, 1860-06-16 00:00:00

tXTRAOEDINARY ACTION ON A BOND.

CO VRT eCtMI4IOII PLEAS, THURSDAY.
THOMAS e. tORII ONtTirET.

This was an action to recover five years' afrcars of
an annuity of £lOO a-year, said to be due upon a tiortd,
and the defendant, in answer to the action, pleaded
fraud. _ _ _

Mr. H. J. Cole appeared for the plaintiff; and Mr.
Lush and Mr. Tarner for the defendant.

The defendant's counsel opened the case. He stated
that the plaintiff was now a betting man, but had been
in the ciefeticiards service from /824 to 1833, and when
he left the defemlarit OA him a bad for an annuity
of £lOO a-year. The antatint Nas regiflarly paid
until 1846, when the plaintiff wished to go into
business, and he applied to the defendant to ptirdase
the bond of him, and the defendant accordingly gave
him £l,OOO for it, and on receiving the bond threw it
into the fire, and it was consumed. There was present
on this occasion a person named Kidd, who was unfor-
tUnately dead. From 1846 until just before the action
It'da litorightf Tic, application bad been made in refe-
rence to the anfluityl drici fife plaintiff only claimed for
five years' arrears, when, according W his own statement,
there mast have been as much as thirteen yeatal annuity
due. One of two consequences, therefore, must have
arisen, either that, at the time the bond was purchased,
it was not handed over, or that a forged bond was-now
to be produced. Another unfortunate circumstance was
that the Bank of England destroyed their notes after a
certain time, ao that it was impossible to trace the notes
which bad been pain for the bond.
Lord Origley was called and examined—ln 1824, when
I was very Young, the plaintiff entered niy service as stud
groom. At that time I kept a number of horses. My
mother was alive at that tinie; and as she objected to his
remaining in my service he left me after having been with
me about two years. After that I employed him to purchase
horses, &c. In 1833 I was staying at Fladong's Hotel,
Oxford-street, when I gave him a bond for an annuity of
£lOO a year. The bond produced is like the one

I gave. I had not had much experience in business
*hen the bond was given. From that time to 1845 the
plaintiff was constantly baying and selling horses for
me. In 1846 he wished id gd into business, and asked
me to give him £l,OOO for the bchid, I consented to
do so. My brother died about that time and left me some
money, which I placed at Messrs. Cox and BiddnlpWs.
I shortly after met the plaintiff by arrangement at Fla-
dong's Hotel, and in the presence of Mr. Kidd, saddler',
of Oxford-sireet, I gave the plaintiff £l,OOO in Bank of
reigland notes, and received, as I thought, the bond,
which I immediately threw into the fire, and it wa
consumed. 'From that time to 1559 no application was
made to me for the annuity. Mr. Itidd is now dead.
Mr. Cole, on behalf of the plaintiff, said this case .had
come on him entirely by surprise. The defence consisted
of two points, either that the bond sued on was a forgery
(although it had been examined and admitted by the de-
fendant's attorney), or that the original bond had been
kept by fraud. It might be surprising that the bond had
been gitett for so little apparent consideration, but the
truth was that the plaintiff, who was a respectable man
and not a betting man, had been treated by Loi'd Onglcy
more as a friend than a servant. At first the defendant
gave the plaintiff a bond on some property called the
Hayworth Estate, for an annuity of £lOO a year; but
afterwards, at his own desire, changed this for a personal
bond. The first bond was consequently given up, but
no arrangement was ever come to for giving up the bond
now. sued-on.

' The plaintiff himself was then called and examined,
and after he had given his evidence in the most positive
manner, letters of his were, to his astonishment, pro-
duced totally upsetting his case.
On this, his counsel consented that a nonsuit should
be entered.

gARIBALDI AND THE CONTINENTAL PRESS.

It is amusing to compare the various epithets applied
to Garibaldi by the foreign journals ; we take the fol-
lowing as specimens :

Gazette di Yezpoli.--Tho monster, in human shape,
Garibaldi by name, has had the audacity to attack, at
the head of a band of murderers, the dominions of his
Majesty the Kin°. of Naples. It is needless to add that
measures are taken by the Government to capture him,
when he will be justly punished for his rash and law-
less undertaking.

Ga:cila di Rona.—The Antichrist, for it is impossible
to give a person possessed of the Devil any other appel-
lation, has dared to approach the coast of Sicily, and
effected a landing with the assistance of the godless and
heretical English.
Munich Volksblatt.—The bandit Garibaldi is about to
continue his wicked and bloody trade of human murderer
in the happy and peaceful island of Sicily, but the
Divine vengeance will not fail to overtake him speedily.

Vienna Gazette.—The professional rebel hopes to con

tinue his former calling in Sicily ; but he will be grie-
vously disappointed, and his disgraceful attempt frus,
trated, by the courage and loyalty of the brave troops
of the King of the Two Sicilies.
Leipziger Zeilung.—Tho pirate Garibaldi is of course
acting by the orders of the King of Sardinia.
Berlin Kreutz-Zeitung.—The adventurer Garibaldi
will soon find that his lawless career has come to an
untimely end.
Cassel Zeilung.—The parrenu Garibaldi, not content
with having kindled the flames of revolution ih his own
country, is now about to raise the standard of revolt in
the hitherto happy kingdom
of Naples.
Hamburg rapers.—General Garibaldi is steadily
advaucing in his bold and dangerous career.
Gazetta ds Bologna,—The heroic son of Italy, whose
name no true Italian can pronounce without the most
profound admiration and enthusiasm, is now engaged
in the most important campaign of his eventful life.
Florence Gazette.---The redeemer of Italy is about to
attack the stronghold of tyranny. Every true Italian
heart beats with hope for the success of his sublime
undertaking.
Giornale di Milano.—The Genius of Italy has at
length drawn his sword and thrown away the scabbard,
to rescue his country from the last remnant of tyranny.
Turin GazOtte.—The Archangel Gabriel has appeared
in human shape on earth in the person of Garibaldi, to
scatter the last enemies of Italian liberty, and bring
them to the condign punishment they deserve.
Garetta di Napoli.—(Latest number.)—The com-
mander-in-chief of the King's forces in Sicily has signed
a capitulation with his Excellency General Garibaldi at
Palermo.