The Express.
London, England, 1863-04-23 00:00:00

BAIL COURT.—Aran. 22.

Hattie.' at Nisi Primo at Westminster.—(Before Mr. Joao
Wightmen and a (loiumon Jury.)

This wee en action between two Jews, who are brothers.
The plaintiff is the keeper of the refreshment rooms known
as Kate ffemlltade. and the defendant is also the k
of a refreshment hones in Panton.street, Haymarket.M
actin@ wee !nought to recover the sem of 401.. the value of
• warrant fore butt of sherry wine. The defendant denied
his lishilitt;„
Mr. Set t Petemderff end Mr. Wood were senora for
the plain • Mr. H. James and Mr. Matthew were counsel
for the defendant. . _ .

The pThiff, David Belasoo, who dmeribed himself se •
Rawldealer, carrying os bonnets at 48, Leieseteroquars,
deposed that the defendant is his brother, coming on basi-
ns in Pantaoutreet. On the 2nd Mara, 1862, No was on
good tams with his brother, but had not hero so sines,
sad on that day be informed him that he had the war.
rant for • butt of showy heed, Mended with "three
grapes ^ which he wished to depots of for 40f., which wee
et the rated shoot ow guinea per dozen, including duty,
bottling, and oFießis broiler upon his moommends.
Moo agreed to the warrant, sad he handed it
over to him. . mossy hod not been paid.
(.lomeezamisel by Mr. Henry JAWS— What are you!
Plaintiff—l es • penal dealer. I deal in jewellery, wine,
woollen cloths, sad sore thisp.
Mr. James—And moiling, toe. flortillter.)
Plaintiff—Yea • I buy them if they are brought to me.
(Renewed laughter.)
Mr. James—Oh, you know what I mean.
Plaintiff (with great simplicity)—lndeed I don t. (Rears
at laughter.)
Mr. James—Are you not the proprietor of the house
known as Kate Hamilton's?

PiaraTiffNoritTa;eiiiihing now to ao with it.
Mr. James--Mat you had.
Plaintiff—Yes, but • man named Briar has got it now.
I live in the house known as Kate Hamilton's, but she
does not live there. It is my residemee, where I our, on
the business of • general dealer. lam inteiested in •
similar establishment in the Haymarket.
Mr. James—How many times have you been convicted!
Plaintiff (to his lordship)—Am I bound, my lord, to answer
that question!
Mr. James—This is a question of credibility.
Mr. Justice Wightman rid be was.
Mr. James--Have you not been twice convicted! 011011
for theft, when you were sentenced to three months' lin.
prisonment
Plaintiff—Oh that was 12 or 14 years ago, when I was
fyoung and footle. I had been out andot screwed—
langhter)—and when I got on board 004 Of the steamboats
got larking, and took a packet of the collector's
tickets, which I distributed amongst those who were on
board. A policeman happened to be on board, and I was
gives into custody. (Laughter.)
Mr. Jams—You swallowed some of them, did you not!
Plaintiff—Certainly not. (Laughter.)
Mr. James—Perhaps you were so much screwed that
you don't recollect it.
Plaintiff—No, I don't. (Loud laughter.)
Mr. James—The next time you were coevicted was, I be-
lieve, for manslaughter in • house in Hart-street, Covent-
prase.
Plaintiff—l was staying in the house with a friend.
Ur. Jams—lt was • brothel, was it not!
Plaintiff—Yes.
Mr. James—A gentleman called there with • lady friend,
and you killed him.
Plaintiff—l can't my that.
18,. Jame—You were charged with murder and coa-
rioted of manslaughter.
Plaintiff—Yea, and I had twelve months' impriseemset.
Since that time 1 have not had a charge of anydeacription
made against me, and I have held my head up in the most
honest way I could to keep my home and family. I have
never been charged with keeping refreshment rooms
or brothel' where women congregate. On the 2nd of
March I owed my brother several hundred pounds, for
which be held security. I afterwards went to Pans, and
returned in about a fortnight, when we had a little °s-
willing about my brother's demands. He asked me on the
2nd of March for some money ; and although I amid not
pay him any, he purchased this warrant for 401. I owed
him between 7001. arid 801:W. I did not offer bin three
butts of this sherry in part eatiefactica cif hie demands.
After some further evidence, plaintiff said that he had
since paid his brother all he owed him. His brother
bronghtfive actions against him in about three months for
the money, bat he did not plead this claim as a set-off.
Mr. Serrant Pekundoeff—ln the last action you gained
the verdict.
Plaintiff—Yee.
Mr. James—We got the others, so we are four to one
against you. (Laughter.)
Charles Stewart was called. He deposed that be hap.
paned to be in the plaintiff's counting-house when the de-
fendant agreed to purchase the warrant for the wine.
In erns-rumination he said—l am waiter at the Cafe
Royal, Leicarter-square, better known as Kate Hama-
ton's. _ _

Mr. James—Yon lay you happened to be there aa it by
aosident. Ware you sot in the plaintiff's employ ?
Waimea—Yee ; I need to eel am his coachmen in the day
and ea waiter at the adi at night. (Laughter.)
Mr. James—Then, after the night work, you took treat
air with him in the day time. (Load laughter.)
Witness—Yes ; I need to attend various *am of resort
with him. _ .

6tl;irevidenoe was given which west to show that the
wine was not worth more than 301. a butt.

Mr. H. James, for the defendant, contended that
the action was not maintainable. It was evi-
dent the plaintiff relied en the sale of the wine, and as it
was not reduced to writing, the amount could not be re-
covered under the Statute of Frauds. That such was the
case was clear, because the original declaration In this ease
was for the wise, but that had been withdrawn, Led the
action war now for the warrant. The defendant's awe was
that when be went to his brother for some money the
latter offered him the sherry but be declined
to take it
before he had sampled it. Hie brother handed the warrant
over to him for that purpose, end en his return from
Paris he told him the ens' would not do for him • it was
snort, watery, and mash Hie brother then ask him
to sell it for bier, which ha comented to do. He celled
upon Mr. Mace, in the Strand, and offered it to him, but as
soon as M saw the brand be would ham nothing to do with
it. The wine was worth about M. per butt.
The defendant was called. He deposed to the shove facts,
and said that on the 2nd March his-brother owed him .early
1,0001. He positively denied that he ever purchased the
wise. He was to have three butts of it for lOU, the balance
of a bill for 3991. then due, if it sorted hint. No claim was
made (or the payment rota after his dispute with his
brother.
In

be stated that he was the keeper of
a refrembasest how ia Puttee-street ; it was what wee
called a sight hems, bat be did not knew that the police
kept a Adel week e• it. The pollee bad sever turned say
preelitelea est d his Mesh Re did cot keep say other

home of the same gusrfoica. He bed two houses In
Pumice-street Joe time, bet be bed gives up one of them.
Mr. ibw)mant Peteesdcril—Have you not been charged
with erimunt offences!
Defendant—Yo; sever.
Mr. Satinet Peterederff Something Moo:wet, I auppon 7
Dalsedaat—Yea. (Lesighter.)
]fr. Iterjeatit Peteradorff—Were you not roomed of high-
way robbay
Defendant—No.

iliejewit Poi
Daisy —No.

Min you an ndiond far it?

iii.TierPriudlcterwlorff—Were you charged with en*?
Defeedaut—Yee. (Laughter.) It was a cue ol udirtaltea
identity—(rauswad laughter)—by a drunken tailor. (Haan
of laoOter.) It vu twenty years ago, when I 'au a boy.
He maid I had Melee hie watch. He &hamar& agreed to
pay 101. comprriaatiou, and my baba, was paid about 61. by
tuetalaesta.

Mr. tiotjaant Petorodortt—Eilholl I =DS ORO ot two mots
surf

Detesident—Yes, if you plows. I &slimy you to do so.
I have been flood several times for kepis( my home in
Pantonotrest. I should my not twenty times, but eightor
too times, which was quite 'sough. (Imogliter.) I brought
my actioos against my brother ea feat es I could. As nos
as he settled ows I brooght another.
Mr. Itidley deposed to the wine being worth 261. per butt
to • dodgy. The main price was 321. Oa • fancy article
such es this the got as muck profit es they could.
Mr. Jame,— You call this a hue; article.
Witness—Oh deer, yes. Wine is • very capricious article.
(Laughter.)
After some further evidence, the jury returned • verdict
for the defendant.