The Press.
London, England, 1853-05-21 00:00:00

aRb

Mn. Senn., the well-known trainer, brought an
aetion against a Mr. Hemingway, a Liverpool mer-
chant, but deeply implicated in racing transactions,
to recover the sum of 109/. The amount was the
balance left unpaid out of the purchase money for
a horse named Warwick, which huii been first fa-
vourite in the betting, and actind winner in a race at
Warwick last July. 400/. was the price of the horse,
of which MO/. was paid, and an 1 0 U given for the
balance. On this I 0 U the action Vag brought,
which came off in a trial at Nisi Prins in the Guild-
hall on Monday. The defendant pleaded three
pleas :-Ist : never indebted ; 2nd : that the debt
was paid; and :irdly : a set off. The plaintiff, having
stated the facts and produced the document, was

cross-examined :
The defendant, at the time of the transnetion, had several ram
her.es in training with him. Ile reeolleeted, shortly after,
giving the fellowing paper to thee defendant. It ran mithese
words :--" 1 hereby agree to give np your L It II when I receive
OM awe of 1001., till account of the sale of the horse Warwick.
Signed, William Henry Scott." The !terse, at the time he 'ens
wild, was only entered for one engagement, and that was at the
Ludlow races. After he was sold, IVerwiek was entered fur the
Warwick races, the horse still 11.111,tillill'A` ill 11114 In
July he was very high in the bettito, awl on Um morning of the
rare he wits the favourite. 'Elm heroe ran, end won in a ranter.
The horse wits tint entered for that. race at the time of his being
'sold, or in July, hat lie thought he was entered about the Ist of
September. Ile aid 110 t know that Aspinall had anything to do
with hint, but lie haul heard that tier.' were some "betting-
tickets" upon the horse, which had been obtained at wane of the
" betting.uallees." Ile haul hearth that. Cam...were- betting-offices,"
but lie knew nothing 'fluent them. nor did he know anything
ahem the ticket aOr oho " betting-humw,." Ile had seen b(111113 1/1'
lieu, bat. hit knew nothing at all alma them.
Tulr. Sergeant sittEE fulneetetl to any referent%) being made to
these tiekets. They were oat produced, and Ito did not know
what they were.
Mr. liartin M twos : Only look at some of the pollee reports,
and you will know what they nil, brother Shee. (loni9hter.)
Examination reennie‘l : Ile lint bead that there view Slllllr
tickets from wenn of On, " betting.oftlees" in refereneo to this
horse, bat he haul never had env of them, nut had ho received a
her of them in pay ment tuf this I 0 I'. Ile did not see Mr. Montt,
hut he saw the defendant, hat the latter never said one word to
him about any "betting-house tickets:.
Mr. Orsimmt, for the defendant, said that there had been a
rit tttt tt g account hetween the plaintiff feel Mr. Aspinall, and
although the 1 0 I hail not been Ito: mitred by a direct payment,
yet it had been paid by the handing over of of number of " bet t
1111 -
Ales tickets," which plaintiff had consented to receive in pay-
ment of the I 0 I".
The defendant himself, however, on being called,
directly contradicted the statement made for him by
his counsel :
Tile horse ran at Warwick, won easily. and he received about
2344. um the tickets. Not any of that Tin/. went to the plaintiff,
for he had tou interes the tickets, nor haul he any interest in
the money which they reflised. had prOttlittvit to satisfy
this I 0 for leo!, tint of the produce of the tickets—oh no, net
at all.
The jury, under the direction of the learned judge,
found for the plaintiff—Damages 100/.
A CAsE of much importance to foreign bankers and
agents was heard, on remand, at the Mansion-house,
before Alderman Wire. Gabriel Sans Garrett, a
foreigner, was the bearer of a letter of credit, drawn
by Messrs. Duncan and Shearman, of New York,
upon the Union Bank of London, and various other
corresponding tints at Petersburg, Berlin, and else-
where. The origin:ll nitionis of the credit WWI 21M,
which Ciarrett, it appearell, hail drawn for, rattly at
St. Petersburg, anti partly at the Union Bank, until
it was exhanstel. For each payment as it was suc-
cessively made he signed a cheque which the bankers
kept. after having made a corresponding endorsement
upon the letter of credit, to signify the progress of

THE PRESS.

is liquidation. The document, being thus authenti-
cated by repeated inscriptions, signed by well-known
firms, had afterwards been altered by the addition
of a few letters and figures, so as to appear drawn for
5,2101., and, thus expanded in seeming value, was pre-
sented by the prisoner at Messrs. Shickler's bank in
Berlin, who advanced without•scruple a sum of 5001., on
receiving the customary draft, with his signature ; but,
on this draft being duly presented at the Union Bank,
it was refused payment, on the ground that the letter
of credit had been already exhausted. In a long ex-
amination it appeared that Messrs. Duncan, when
granting letters of credit upon their European corre-
spondents, sent generally a letter of advic ; to but one,
viz., the London Union Bank. At that bank, there-
fore, no letter of credit would have been paid if un-
authenticated by, or differing from, a corresponding
letter of advice. But, as other continental agents of
the New York firm were provided with no such guides,
the altered credit was duly honoured by the Berlin
bankers to the amount of 5001., and, as Mr. Wontner
stated could he shown hereafter, by a bank at St. Pe-
tersburg to the large sum of 3,5001. In corroboration
of the charge, an hotel-keeper of New Bridge-street,
131ackfriars, was called, who said that Garrett, after
staying some days in his house, left in a great hurry
on the 11th of March, on which day Thorne, a detec-
tive, had been actively hunting for him ; and a clerk
at Messrs. Monteaux's money-changing office proved
that he had obtained cheques there for nearly 1,5001.,
being the value of a quantity of Russian imperials,
frederick d'ors, napoleons, and louis d'ors. These
facts being stated, the question arose as to the mode
in which the charge could be brought home to the
prisoner in any shape that would render him amen-
able to the English law :

Mr. Alderman Wine: How do yon shape your charge, Mr.
Mullens ?
Mr. Mi'LLEN9I: The charge I make against the prisoner is that
of Attempting by false pretences to obtain the sum of :lOW. from
the Union Bank of London; and I ground that charge in this
way—t he prisoner goes to the banking-hottan of Messrs. Shickier,
of Berlin, and there makes a statement to them, either verbally
or in writing, I do not care which, but which is afterwards re-
dared into writing, mid sawed by himself; that hi pur4uance of a
certain letter of credit. from Messrs. Duncan, Sheannam and Co.,
lie has authority to demand front the 17nion Bank of London
the sum of COOL He pins that into writing, and signs it; it is a
bill of exchange; it may be a letter or anything, but it 1.4 ad-
dressed to the Union Bank of London. According to the faets
which have come out I will take it to be suttleiently proved that
that pretence is wholly without foundation, and that the prisoner
lout no authority to draw upon the Union Bank of London for

Mr. Alderman WilIt:: It is not pretended that he bail any au•
thority eveept that which ho derived from the letter of credit..
NB.. Preeisely so; and we have proved that the
Union Bank had no authority to pay. I suppose my Priend is to
eoatend that this pretence was made at Berlin, and, therefore, is
not within the jurisdiction of the tribunals of this
coutry. prsitine he will y that whatever the prisoner did
waste,mpleted at Berlin; that the fraud was intended to he com-
mitted upon the bankers there, and not. upon the Union Bank.
?dr. Witsvisr.a, at considerable length, contended that. the pri-
soner laul not been proved to have comniitted any thence ren-
dering Idol amenable to the laws of this conntry, howcver much
he might have transgreased the law at Berlin.
Mr. Alderman Wins:: This is a ease of so much importance,
both to the commercial world and to the prisoner himself, that I
shall remand it, in order that I mny have time to consider the law
ns appiicahle to the ease I
whether or not I v authority to send
him to trial ; because would not subjeeha te hint, foreigner.
to the ignominy of a trial unless I thought conviction would
fidlow.
The prisoner was remanded for a week.
A PUBLICAN at Kensington, whose house adjoined
the barracks near the Palace, was charged on Tues-
day at the Hammersmith Police-office with having
his house open and ser‘in liquor dm ing service
hours on the previous Sunday. it was shown that
the defendant's door was open and some soldiers
were seen drinking at the bar at half-past eleven on
the day specified. In reply, he admitted the facts,
and pleaded in justification that he acted under the
authority and almost by the command of the War-
Mice authorities :
Ito had served the military for the last seventeen years, and
this was the first emnplaint ever made against him.
bound to serve the soldiers at the barracks while on guard with
refreshents. by the direetion of the commanding officer, nd if
he vilifimed his conduct would be reported to the horse Guaards.
To confirm this statement the defendant called a
sergeant in the Guards, who said that it was looked
upon as a matter of right that soldiers shoul
and he
d be
served with refreshments at any hour or day,
never knew the landlord of a " uttling-h ouse " who
ever refused them :
Mr. lir.Anom (the nuvzistrate) inquired If it was not laid down
in the Mutiny Act that the military should not be served during
divine service ?
The sergeant said he was not. aware of it being so.
The defendant said he way serving under two laws. Ile
had a beence from the Board of Green Cloth. at Buckingham
Palace, and another from the 111140IttrIttreS. Ills house was not
like a canteen, for, it' it was, hr would ho under the control of
the Board of Ordnance.
Mr. Mums said the subject was a new one to him, and ought.
to be settled for the guidance of parties hereafter. He had
loked into te Mutiny Aet, hut could not find that any of the
auttlino hour's were mentioned. Ile should like to know the
difference between a eilliteen and a suttling-house.
The Sergeant : A canteen was not licensed to sell
spirits, but suttling-houses were. If he saw nay civiliaus served
in a muttling-house during the prescribed hours on Sunday, he
should white a report of it to the isimmanding officer. In a
canteen they cleared the place tif civilians. and were responsille
for the conduct of the house, while in a suttlinit-house the land-
lord was responsible, and was bound to clear the hoots
of

SATURDAY,

Mr. ISt/trio:it said he was of opinion the statement of the
sergeant was the correet one, and wider the circumstances he
should not interfere with the defendant as long as he continued
to serve the soldiers at the barracks, but, if he served civilians,
that was another story. However. the pollee had a right to visit
the house, and if the defendant was found serving civilians he
would certainly be punished.
The summons was dismissed.
A BEERSHOP-KEEPER named M. Goldsmith, whose
house is situate in Back Church-street, St. Georges
in the East, was summoned before the Thames
Police-office, lon Monday, for allowing gambling
on his premises. On the previous Tuesday Captain
Kasen, master of the Emilie, a Norwegian vessel, met
one Jones, a well-known skittle-sharper, who opened
an attack upon him by inviting him to look at some
sailcloth which he had for disposal. On their way
they passed the defendant's house, when Jones in-
viting hun in they encountered a " pal" named Long,
and the captain was induced to join in a game which
was played with three cards. It was so arranged
that the luck seemed at first to alternate, but in the
end the captain was not only stripped of 71., but was
also induced to leave his watch for 41. more, which ho
subsequently recovered on the payment of the money.
Jones and Long had since been tried on the charge
of sharping, but were dismissed for want of evidence.
Sergeant Favy, 7 14, said there were frequent com-
plaints of similar practices at the same house, and
he had frequently cautioned the landlord, who was
well aware of the practices that had been carried
on there. Defendant was tined 5/. and costs.
A GANDLINO-HOUSE-KKETER named Pritchard, re-
siding in St. James's-street, had presented a cheque
for 391., signed " N. Davenport Bromley," at Messrs.
Coitus' bank. There being two Messrs. Bromley,
senior and junior, who kept accounts at that bank,
and the cheque not being in the handwriting of
Bromley the elder, nor having the letters "jr."
appended, as was customary, to the signature of
Bromley the younger, was not only refused payment
by the cashier, but Mr. Pritchard was taken into
custody on a charge of presenting a forged cheque. He
was, however, admitted to bail, and the case, after
being postponed, in order to communicate with Mr.
Bromley, junior, who is now on the Continent, came
on for final hearing at Bow-street on Tuesday last.
Mr. Mullens, who had conducted the prosecution,
then stated that., as it had been ascertained that the
document was genuine, the charge would be with-
drawn, and the amount duly paid at the bank :
Mr. CLARKSON, av counsel for the defendant, hoped that it
would go forth to the public that his client was wholly exonerated
from any imputation of discredit in this matter. Mr. Pritchard.
no doubt, was the keeper of a house which was considered im-
moral; but lie was not the less solicitous that, in regard to the
present transaction, there should be an equally candid avowal
on the other side that he left the court without any stain upon
his character.
Mr. Ilei.i.xxs admitted that. there was 110 imputation on Mr.
Pritcharits character, but contended that the clerk at the bank
was quite justitied in his suspicious, from the evident dissimi-
larity of the cheque to those which had been usually presented.
The defendant applied to have the cheque returned to him,
but Mr. Mullens declined to give it up. The hank would pay the
money, but the cheque, as in the ordinary is 'arse of business,
would be retained.
Two SOLDIERS of the Grenadier and Coldstream
Guards, together with four men, said to be labourers,
were charged at Marylebone Court, on Wednesday,
with a serious riot and assaulting the police at Chalk
Farm fair on the previous day. Bowerman, one of
the soldiers, being drunk, had become quarrelsome,
and struck with a whip at people who had never pro-
voked him. A constable coming up to arrest him
was knocked down, and, when other policemen
arrived, Bowerman was aided by his comrade in re-
sisting them, and a number of the bystanders joined
in making a frightful affray. Several of the consta-
bles were seriously injured by stones and other mis-
siles. which were thrown at them from all directions.
The tw soldiers were the most ruffianly conducted of
the whole :arty by whom the police were attacked.
The rest of theiprisoners joined in the outrage, and
some them used violent exertions to extricate those
who were in custody. The two soldiers were ulti-
mately sent to the House of Correction for four
months, being one month for each of four assaults
proved to have been committed by them. Three of,
the other prisoners were also committed for a month
each.
Wirsism WILSON, who was remanded last week on
the charge of attempting to extort money from the
Chancellor of the Exchequer, was brought up again
at Merlborough-street on Thursday. and fully com-
mitted. His application to be allowed bail was
refused.
Two QUACK DOCTORS, named Coates and Camp-
bell, were tried in the Edinburgh Sheriff Court, and
sentenced to nine months' imprisonment, with hard
labour. They styled themselves professors their
bills, and represented themselves as able to cure all
manner of diseases. They were in the habit of visit-
ing the towns and villages in the neighbourhood of
Edinburgh, and for their boxes and phials charged as
high as 55.. driving a pretty brisk trade. A suspi-
clout; purchaser submitted one of the phials for
analysis, and the result induced him to give informa-
tion to the authoritie. Cod-liver oil, soap, and rhu-
barb were the chief ingredients of which the mixtures
were composed.

MAY 21,15:3.

LATEST EDITION.

SATURDAY RrESING.
TURKEY AND GREECE.

The following telegraphic despatch has been re-
ceived in Paris this morning from Constantinople
rid Belgrade :

CONsTANTINOPLE, Aia33. 11—Prince Menschikoff
has granted a further deluy for the consideration of
his ultimatum."

This important news is certain ; but the telegraph
further adds:—

" It is said that a change of Ministry is on the
point of taking place."
Telegraphic despatches from Athens state that the
question of boundaries between Greece and Turkey
had been referred to the arbitration of the Ambassa-
dors of the three protecting powers—England, France,
and Russia—at Constantinople.

A dispute hits arisen, which has asstuned almost a
serious aspect, between Mr. Wyse, Minister, and the
Government of King Otho, relative to a question of
precedency in the matter of invitations to Court, ..tc.
—Morning Post, Second Edition.

(Fr‘ral on eU Correspondent.)

BRUSSELS, May '2O.

The past week has been a very eventful one for
this country. It brought us the news that Belgium
is to receive from Austria a young and amiable
Queen, in the person of the Archduchess Mary,
(laughter of the late Archduke Palatine Joseph. The
demand was formally made by King Leopold yester-
day, and conceded to. The young Princess was born
in and is consequently seventeen years old :
her future husband, the Prince Royal, celebrated
some weeks ago his eigtheenth birthday. The news
was favourably received in this country. where the
name ot• an archduchess awakens none but pleasant
historical remembrances, from Marguerite de Parme
to Maria Theresa. The Archduchess Mary is said
to be a beauty, but will not bring, I believe, a large
fortune to her husband.

Another rumour, which, however, wants confirma-
tion, tells that King Leopold himself thinks of
taking a third wile, in the person of the sister of his
future daughter-in-law, the Archduchess Elizabeth,
widow of a Prince of Modena; and that the young
Princess Charlotte of Belgium, now aged thirteen
years, is the chosen Empress of Austria.
King Leopold is the object of great distinction at
the Court of Vienna, where the King of Prussia, and
Prince Charles, his brother, arrived on the 19th.
His sojourn at Vienna has been prolonged to the
22nd, the great car►usal and grand review of
troops in honour of the li►reign Sovereigns being
fixed for the 20th and list. On leaving Vienna King
Leopold will go to Dresden, where he will spend
some days, lodging at the royal palace, and then to
Coburg.
A terrible accident has occurred in the neighbour-
ing town of Luxemburg. A young man, comma'
oi-
ler of the finances in the Gre.nd Duchy of the Hilger,
was killed by a stroke from the bayonet of a soldier
belonging to the Prussian garrison in that federal
fortress. His death was instantaneous. The funeral
took place on the 10th, when the whole population
assisted. General Medell, the Prussian commander,
desired the officers to absent themselves from the
ceremony, that a possible conflict might be pre-
vented, and the regiment to which the murderer be-
longed was forbidden to leave the bamicks. . .

The I hitch Government has officially recognised
the bishops appointed by the Pope.
The Danish Diet is convoked for June 7.
VIENNA, May 19. Prince Metternich completed
his eightieth year on the 15th instant. The Emperor
of Austria and the King of the Belgians visited him
on the occasion.
All the prisoners on account of the conspiracy
recently discovered at Berlin have been released,
with the exception of three, against whom the judicial
inquiry continues.
Letters from Home state that the privilege for the
constitution of the railway from Rome to Freseati
and Naples has been conceded to M. Micar, the agent
of the Masterman Company.

Pmus.—The rumour of the Porte having accepted
the Russian ultimatum is without foundation.

Yesterday the Corps Ugislatif resumed the ad-
journed debate ou the budget. After a speech from M.
de Montalembert, the budget of receipts was passed
by a majority of 233 against 40.
The Duke of Genoa is preparing for a visit to
Paris, on the invitation of the Emperor. From Paris
the Prince intends proceeding to London.
The Minister of the Interior has signed a conven-
.

Lion with Mr. John Watkins Brett which secures the
execution of the telegraphic ilne between France and
Algeria.