The Express.
London, England, 1862-09-03 00:00:00

THE EXPRESS, WEDNESDAY EVENING, SEPTEMBER 3, 1862.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LIVIEPOOL, SEPT. 2. ;
(Before Mr. Justice Mellor.)
Denote V. MILLIGAN AND OIMMIL—ALLZGED FRAUDS BY
A PARTNER UPON 818 nen.
The plaintiff in this action was Mr. William Denton.
woolc.oniber. of Bradford ; sad the defendants ware the other
members of the eminent firm of Milligan, Forbes, and Co.,
of the same plasm. The plaintiff sought to recover upon a
promissory note for 1,2004, alleged to have been made by
the defendants, with 5 per cent. interest The defendants
pleaded • denial that they bad made the promissory note in
question, sod that they were never indebted to the plaintiff.
In opening the case, Mr. James, Q.C., explained that the
defendants were extensive manufacturers and merchants,
carrying on business at Bradford, Yorkshire, and the action
was brought on a promissory note for 1,2001., with interests
given by the firm or one of its partners, Mr. Whittaker, to
the plaintiff in November, 186.0. Mr. Denton wan well ac-
quainted with the members of the firm, but more espy
daily with Mr. Whittaker, who, at the time the note was
given, was • partner in the firm. In 1858, the plaintiff
having • son for whom he desired to obtain a situation, and
knowing that the defendants' firm was a good mercantile
school, spoke to Mr. Whittaker on the subject, and
with him that hie eon should be taken on the eats
meet as anassistant. On that occasion Mr.Whittakertold Mr.
Denton that the firm being close run for money wanted •
sum at once, and asked if he could advance it. The
plaintiff did advance a sum of 2,000/., obtained • pro-
missory note for the amount, but subsequently the
money was repaid and the note returned to Whit-
taker. Afterwards there was another loan of 6001.
advanced finder somewhat similar circumstances, and that
likewise was repaid with the exception of 11101.. which re-
mained standing over. In the summer of 1860, Mr.
Denton, who bad been in business, but was at that time
not doing much, he having some private property of his
own, was anxious to invest a portion of his money ; and
knowing that Milligan, Forbes,fand Co. was a firm of good
standing, he thought if he could get them to do what was
not an uncommon thing in the neighbourhood—invest the
money in their business at five per cents—it would be worth
his while to leave it with them. He communicated to
Whittaker the fact that be bad some money at his disposal
and asked if he would take it upon such terms. Whittaker
promised to consult the other partners and inform him, and
ID August Whittaker informed him that the firm bad agreed
to take the money. Upon that, 1,130/. was advanced to
Whittaker on behalf of the firm, and Arrangements were
made that on the 13th November (that being the day on
which Denton's rents became due) the interest should fall
due. The sum, it was also arranged, should be increased to
1,2001., taking into ooesideration the money advanced, the
1001. &mon the previousloan, sad also his sons services. The
note was then drawn up in these terms:—
"1,200!. "Bradford, Nov. 13, 1860.
"We promise to pay Mr. William Denton, on demand,
twelve-hundred pounds, with five per cent. interest.
(Signed) " S,ILLIOArt, FORBES. and CO.
"WM. WIITITAKER."
In conclusion, the learned counsel said that it would be
attempted to be shown that the plaintiff lent the money to
Whittaker alone, on forms commencing "I or we," but his
client most positively denied these statements. He lent
the money to the firm, and in notes similar to that be had
read, commencing " We, he."
Mr. Denton, the plaintiff in this action, was examined at
very great length, and his evidence bore out the opening
statement of the counsel.
Several other witnesses spoke to the system of manufac-
taring firms receiving money on loan.
Mr. Maniety, Q.C., before calling witnesses for the de-
fence, urged that it was most improbable that a firm like
Milligan, Forbes, and Co. would hare borrowed money
from a person like Denton, and that Denton's own admis-
sion that he had never mentioned the matter to the other
members of the firm, though he had dealings with them,
was • proof that he regarded the transaction as with Whit-
taker only.
At half-past 10 p.m. the jury was discharged by the judge,
; being unable to agree to • verdict.

THE POLICE COURTS.

MANSION•HOUSE

Henry Carter, described;;LiXortetwas brought before
Mr Alderman Salomon,. who sat for the Lord Mayor,
charged with a violent assault upon a lad, 14 years of age,
named John Sullivan.

On Saturday last the uncle of the lad applied to Mr.
Goodman for advice, as he said the boy had received severe
injuries to his throat from the violence of the prisoner, and
he was at that time laid up with fever, and there wu very
little hope of his recovery, and it appeared that the lad
afterwards became so had that it was thought advisable to
take his statement of the transaction in writing, which was
accordingly done, and the prisoner was apprehended on
Monday.
Mr. Maynard, from Mr. Beard's office, appeared to watch
the case on behalf of the defendant. .

Mr. Charles James Wallis, letter-carrier, said he was
uncle to the lad, who resided with him at 16, Baker's-
buildings, Liverpool-street. On the night of the 18th of
July last, at about eight in the evening, he was called out to
go to his nephew, who was in the buildings. He was crying,
and blood was flowing from his mouth, and he complained
of his throat being hurt. He examined it, and saw the
print of a band round it on the outside. It was bruised.
From what the lad said to him, he went to the prisoner's
house, which was close by in the buildings, and asked to see
him, but he was told he was not in. A person in the oppo-
site house said he was in, and be said lie would not go away
until he had seen him, upon which the prisoner came to
the door of one of the rooms on the ground floor, and asked
him what he wanted. Ile told him he wanted to know why
he had been beating his nephew, and he said the boy and
some other children bumped his door open, and the boy had
thrown estate at it. He told the prisoner it was a wicked
thing to do to beat the boy as he bad done,
and he replied that he only took him up and shook him,
and threw him on the pavement. He told the prisoner he
must have been drinking, or he would never have done such
• thing ; but he denied that, and ordered him out of the
house, and he left. He went the next day to the prisoner,
and he then denied catching him by the throat, and he
went to fetch the boy to show him the finger marks which
still remained, and on his return the prisoner had gone.
He, however, showed the marks to the prisoner's wife. The
bay bad been ill ever since, and on Saturday be was in-
formed that he was not likely to recover • and he replied
that, " If God called him away, he would Seely forgive the
man ;" and after that his statement was taken down in
writing.
The statement of the led was read, and was as follows :
"When playing with some boys and girls in Baker's-build-
ings they ran after me and pushed me against the door.
Mr. Carter kicked a little boy named Johnson. and I told
him he should not strike a little boy like that, when he
struck me with his open hand on my mouth and made my
mouth bleed, so that nearly a capful of blood came from it.
I asked him what he did that for, and threw • little stone
at him. He said 'I will do it again if I catch yon here.'
He then grasped me by my throat, and kept me so for some
time, and almost choked me, and then dashed me on to the
pavement. The day following my uncle fetched roe from
my work and showed the finger marks of Mr. Carter to his
wife. I bad complained of pain there, and some days after
I felt a pressure in my cheat and a headache. About three
weeks after only the first symptoms of scarlet fever ap-
peared."
It was signed by the lad, and witnessed by a police officer
and the surgeon.
Mr. Maynard said he would like to ask the witness
Wallis a few questions.
Mr. Goodman said it was not proposed to go any further
into the case then, but to let it stand over to see whether
the boy recovered or not. At present it was merely a ques-
tion of assault, but if the boy should happen to die it
would be a question of manslaughter.
The witness said the doctor had given some slight hopes
that morning.
Mr. Maynard asked the witness if any complaint was
made to Dr. Chandler, who attended the lad, of injury to
the throat.
The witness said complaint was made in his hearing.
He thought at first, however, that it was a thing which
he could cure himself, and before applying for medical aid
he himself applied flannel and berartaborn and sweet-oil
for several nights, but it continued to get worse.
Mr. Maynard said he could prove that no complaint WIZ
made at all, and was about to cross-examine the witness,
but Mr. Goodman said it would be better to let the matter
stand as it was for the present.
Mr. Maynard then asked that the prisoner might be ad-
mitted to reasonable bail, which Mr. Alderman Salomoss
consented to, and the prisoner's employer, who was present,
consented to become bed for his re-appearance in • month.
George Sutherland, described sea seaman, was brought up
on • charge of violently aaseultiog • police-constable.
It appeared from the statement of the complainant,
police-writable John Fetherstone, 626, that be was on duty
in Tower-street that morning at about one o'clock, when
the prisoner came behind him, and without the slightest
provocation, struck him • violent blow with his fist on the
back of his head, which threw him forwards on his face, and
' in his fall he broke the thumb of his left hand and dislocated
the thumb of his right hand. He got up, and the prisoner
struck him • blow in the mouth, which knocked his tooth
out. He called for assistance, and another officer came up,
and he then became insensible.
Police-constable 563 mid he was in Tower-street when
he beard a heavy fall on the pavement, and on going to see
what was the matter he saw the last witness lying on the
pavement, and the prisoner, who appeared to have been
drinking, was leaning against a post • few yards off. He took
the prisoner to the station, and on the road he spat several
times in his face.
The prisoner, in answer to the charge, said he was trite
a stranger in London. He came from Scotland, and got
paid off from his ship on the previous day. Ile certainly got
• little too much to drink, and was wandering about, not
kno where he wax, whoa he met the first witness, who
asked where he was going, and also for a drop
of beer. He told him he was going home, and gave the
policeman half-a-crown, and asked for the change, but he
wanted to put the whole of the half-crown in his pocket,
upon which he certainly gave him a shove, and he fell
forward.

r was committed for trial.
C4ERKILNWSLL _

Henry Reauriumt alias Jona, • young but powerful fel•
low, whose friends an stated to be vary respectable, was