The Express.
London, England, 1847-12-15 00:00:00

tab 12001141 mm

COURT OF QIIBEN'S BENCH.
Nisi Paws, llolumatt.—llefore Dad Denman and a Special Jury.
BAILEY O. CRICIALEY.—RanwtyLIABILITY.—Mr. Mar-
tin, Q.C., and Mr. Bass, appeared for the plaintiff, who is an
advertising agent, and sought to recover the sum of 1,3001.
for advertising done and stationery supplied for the use of
the directors of the Paris and Strasburg Railway Company.
The defendant was a member of the provisional committee
and at one meeting of that body a resolution had bee:lamed
to the effect that each member should pay 261. tow the
current expenses; he had also written • letter for a large
number of shares, and therein bad intimated the intention
to take an active part in the affairs of the company. Upon
evidence of this, and a consideration of the necessity that the
work should be done in order to carry out the project, it was
submitted that the plaintiff was entitled to rawer the amount
claimed by him, the items of which were not disputed.—Mr.
Watson, Q.C., and Mr. Jones for the defendant, insisted
that as it had not been proved that he had himsfilf given any
orders to the plaintiff, or been present at any meeting of the
committee at which any resolution for such orders had been
passed, the defendant was aot liable. They also urged that
as • Mr. Untie Murray had in fact given most of the orders,
the action ought to have been brought against him. To this
it was replied that Mr. Murray had only been the agent of
the committee.—Lord Denman having left it to the jury to
say whether the defendant's conduct had been such as to
show that he bad assumed • general responsibility for the
expense of the undertaking, and whether the orders had
been ler things necessary for the company, the jury, after
an hour's deliberation, returned a verdict for the plaintiff.

COURT OF EXCHEQUER.
Nou Puma—Before Biz P. Pollock, C.B.,aad London Common Juries.
Jonas o. Cnzw.—Houen 11HU/W.—Mr. Miller, who
conducted the plaintiff's ease, stated that his client was a
tobacconist; haring hadeceasion to go to Bt. Alban's on the
19th of August, 1848, he hired a horse of the defendant,
who was a horse-dealer and stable-keeper in Little Moor-
fields. The horse was hired for two days, for which 11. Is.
was to have been paid. The plaintiff set out upon his journey i
between 8 and 9 o clock on the morning of the 20th, and hav-
ing reached Watferd (which is about 15 miles from London)
at half-past 1 o'clock in the afternoon, he stopped at the
Rose and Crown Hotel that night. Next morning it was
discovered by the ostler that the horse was dead lame, and
unable to proceed further. The plaintiff immediately wrote
to the defendant to apprise him of the fact, and
that the horse should be sent for, as the defendant
rsd beheld responsible for its keep, and also for the expenses
to which Mr. Jones was subjected by having been obliged to
hire another horse to enable him to complete his journey.
The defendant took no notice of that intimation, and relied
upon his right to have the horse restored to him by the
lowinlaintiff. Thus matters stood until. the month of March fol-
g,
when the plaintiff wee advised, that as he had left
the horse in cheese of the proprietor of the hotel at Wat-
ford, he was primarily liable to him and that he was bound
to pay for its keep. He did escordingly pay 321., and also
paid dl the eba,_ :gm
_atteashat upon the delivery of the
salad late the deemnsare yessamien. The defendant then
lesighteneelleatre the lire eithelness, and for its detention
fbralzemaths ; bet, by dreodasetthe Isarnedjudge who tried
the case, a verdkt pared kr Mr. Jones, certain questions as to
his legs' liabilitt7y ha been reserved. For the plaintiff,
it we. 00sMeded that persons letting out horses
for bhe *di espabillty to perform the services
for width they wen emplope/ The lameness of the animal
in qualm wee emelt by ea_ enlargement of the bone of
the able' legmimed It totally unfit to perform a
long Seem, obs the ashelant refused to send for the horse,
and imposed. upon Mr. Jones the necessity of paying for
its keep, do., the present action was brought to recover
back the sum so paid, together with the incidental expenses
which had been incurred by the plaintiff.—Mr. Humfrey,
Q.C. (with whom was Mr. Stammers), for the defendant,
submitted, lint, that there was no warranty whatever in
the present cam, or in any in which hones were hired out ;
and, secondly, even amusing that there wee a warranty,
all the plaintiff was entitled to recover was the differ-
ence between the sum he had actually paid and that
which he would have had to pay, if the defendant's
horse had been able to perform the journey.
The Lord Chief Baron said his opinion was, that
whenever • party let out hones, he should be held as
warranting their capability to perform the services for which
they were hired. When the plaintiff in the present action
found the horse in question unable to prooeed further than
Watford, he performed his duty fully by leaving it in the
keeping of the hotel-keeper, and intimating the fact to the
owner. He was not bound to do anything more than put it
in • place of safety. After informing the owner where it
was, and the grounds upon which it was left there, the plain-
tiff was neither bound to pay for its keep, nor see that the
horse was returned.—The jury, under the direction of the
learned Judge, found • verdict for the plaintiff. Damages,
332. lls., subject to a motion upon the objections urged by
the defendant's counsel.
CASTRIGUI an action for
a libel contained in a letter written in French by the de-
fendant to a mutual friend, a Mr. Irrigonti, who was en-
joined by the defendant not to communicate the contents to
any one but the plaintiff himself ; of that request, however,
i the plaintiff had no knowledge whatever. The parties, it
. appeared, had been on intimate terms, and had had exten-
sive transactions with each other relating to foreign bgls, in
which they principally dealt. The libel imputed quibbling
and intentional fraud to him in evading the payment of •
bill for 250 florins, cashed by the defendant, to whom it was
endorsed by the plaintiff. The defence set up was that the
alleged libel was written in reply to a letter written by the
plaintiff himself to Mr. Irrigooti, that he was not actuated
, by any malicious motive, and that the communication was a
privileged one.—Mr. Serjt. Murphy, and Mr. Bovill were
the plaintiff's counsel ; Mr. Arnould conducted the defence.-
- The jury returned a verdict for the plaintiff—Damages 40s.

CENTRAL CRIMINAL COURT.
NEW COURT.—Before the Recorder.
C HEATING AT CAALD6.—C. Brewer, Ralphe, and A.
W. Barr, were indicted (the two former surrendering in
court) for haying conspired to cheat and defraud a gentle-
man named Keno of • large sum of money by false play at
cards.
Mr. Chambers said Mr. Kerie, the prosecutor, was ma-
eager of a sugar plantation at St. Christopher's, in the West
Indies, and arrived in this couatry, having resigned that
situation, in the month of June lest, to prove his father's
will. One day in the month of July list hewn in Cremorne-
gardens, when Barr spoke to him, and as he seemed a person of
polished manners the prosecutor entered freely into conver li
-
sallow with him, and the result was that they agreed to pro-
coed to town together. On arriving at the Hungerford-pier
by steam-boat, it was mreod, on the proposition of Barr,
that they should pealed to a taboos:Mimeo shop, is Little
Russell-street, Coolest-garden, kept by a perm aimed
Houthwaite, when they had not bola laws beton they 1/11.11
Mtbi joatwo elf Ids ermengliss I, vie isse the name a
sad Illtweems, bet wheel seal moue wee Center
sad Ueda The labor Meld a dispute mesa a poled ed
whit, whist Lewis reined to Barr, est las emnesialket
benne panel Itniataally it was roposed that the peaty
amid hype a had at whist, and Ban, who Maud not to
Mawr Lamle cad his companion, assented, and persuaded
rild• r 0111111110 too. He did—and at ems time

held such a good band that be was induced to stake 301 to
51. upon the trick. The hand was played, and he loot. He
gave a 201. note, and left hie watch u security for the re.
maining 101. Barr had also leid upon the game (he was
Kerie's partner), and he gave something, apparently bank
notes, in part pigment of his loss, and also gave his watch as
seearity fig the remainder. A meeting' mu arranged for
the kllewtq dew, for Kerie to redeem -his watch, and they
paelleil. She plum appointed was the Tayistock Hotel, Co-
eminemithea, end Bans found Barr awaiting him under the
Plams. They BB in with Lewis in the neighbourhood, and
Soy west to the Dm and Ragged Staff public house, in
Onstleatreet, Leisestmetpure. Whist was again proposed,
and Barr knew that Keno had a large sum of money about
him. At that sitting Kerie in the same way as before lost
1001., and gave a 501. note, and again gave his watch as secu-
rity for the remainder. After that Keel. went to Barr's
house, 1, Manning-place, St. John's-wood, and was told by
him that he knew • certain Mr. Carlyle, who, at cards, could
boat anybody, and suggested as a mode of winning back the
money they had lost that he (Ban) and Carlyle (who, he
said, belonged, like himself, to the Wyndham Club)
should make a match on the following Wednesday
with their lucky opponents, and that then Ken. should
bet upon Carlyle and him. He said he expected Carlyle
to dime with him on the Wednesday, and Kerie accepted an
invitation to do the same on the day appointed. Mr. Carlyle
did not come, but Lewis and Carter being there play was
commenced, and after some fluctuations Kerie'. loan
amounted to 601., and then on his showing some inclination
to desist, he yes pressed to make it 1001. or nothing. He
assented and lat. On the following Saturday an invitation
was forwarded to Kerie, and, in consequence, it was agreed
that he and Barr should proceed to Greenwich, where a
match at cards was to be made with their opponents, sad
Barr took with him • pack of cards, he said, to pr. pare
against any emergency for lack of cards at Greenwich, and
to make sure that their opponenta should not cheat them.
They met Lewis and Carter, and dined at the " Yacht"
tavern. Atter dinner they went into • private room, and
meammeed playing whist. They agreed to play by the
Mar. They played belts-crown a point, with the cards
proem& by Barr. In one hand, when he and Barr were a
rubber a-head of their opponent', Keels held nine trumps,
Ha said he had an extraordinary hand, and Lewis said he
would bet one to six against it. Barr, who was Kerie's partner,
said he would bet three to one on his hand, and be and Kerie
staked 1501. each to 501. on their winning the trick. Kerie led
when • dispute arse as to what was trumps. In the end
Herie and his partner lost, be could not tell how, but he
eimerved that Lewis always played: a trump last. Barr got
wand assumed a fit of distraction at his loss. Kerie laid
darn • 1001. note, and again his watch war deposited as
MeMity for the remainder. Barr apparently paid gime
massy. Kerie did not know the amount. They came to
tows together, but still the match was not played out, mil
they agreed to meet on the following Monday, the Mot
July. Barr in the meantime went to Kerie regarding**
601. for which his watch was deposited, but Ken, could not
ristiAtisthen. On the 3d of August, Ben went with Kerie to
' Commons to prove his father's will, and two wa-
ssails were required. Barr became one, and Lewis the
edam, In the name of Stevens. Kerie then went to hie
stockbroker's and sold out stock to the amount of 1081. After
that Barr said Stevens bad written to him to know when the
match war to be played out, and he aged Kerie to write to
Stevens saying when be would play Rout. He refused to
dose, as Barr had hitherto conducted the correspondence
with him, and he declined to play any more with Lewis
and the other. He cleared off the remaining 501., and
received his watch. He still maintained an intimate
acquaintance with Barr, who proposed tripe to Hammitt. and
Boulogne, but he would not consent to go to either. It was
agreed they should go to Windsor, Ban saying he would pro-
cure an order to see the Cattle. A shooting excursion was
proposed at the same time by Ban, and on the 2nd of Sep-
tember they proceeded into the country ostensibly for that
purpose. They went to a small town called Iver, and at
once went to the Crooked Billet public-kome, where, in the
travellers' room, they found three persons, Ralphs, Brewer,
and a Mr. Harrison, at breakfast. There was • friendly
greeting between the two first and Barr, and some surprise
was expressed at what they called so unexpected • meeting.
Brewer said he bad made a friendly match to shoot with
&lithe for 101. Brewer asked Barr and his friend Kerie to
AM* with him and his friend at the Crooked Billet, which
ens agreed to, and Kerie consented to stay the night.
After dinner, Barr proposed to wile away the time
by a friendly hand at 100. Ralph' and Brewer were wil-
ling, but Harrison refused to join. Kerie, Barr, Brewer,
and Ralphs then began to play, and did to for •
considerable time, to the ignorance of the landlord, who com-
plained of the late hour to which they were keeping him up.
It was unlimited 100 that was played. Cheques were given
for the looses, and in the end Kene found he had lost 15V. 91.
He bad no money. to pay, but Barr, who had been his part-
ner, became security to the others. He returned to London,
sold more stock, and received 4001., out of which he paid
Barr the losses. The next day Barr told Kerie he had been
invited by his friende,ifftalphs and Brewer, to meet them at
the Gloucester Coffee-house, in Oxford-street, and had made
an appointment for the 7th of September. Kerie agreed to
accompany hint. They all dined there. After dinner one of
the party produced cards, and Kerie again lost : this time to I
the extent of 9031., 2251. to Brewer, Ralph, nearly 5001., and
' the rest to Ban. Kens paid 8001. those, and gave Barr a
cheque for the balance at his own lodging. On the 9th of
September Keefe received a note trent Malphs, whom, in
consequence, he met at the Glows*, Coffee-home, and
whose object it appeared was to leers the would esettnipany
him to Doncaster cares. He said he did act with to go.
Ralph' than asked him bow be got sopaisted with Bur.
He said ornally, when he (Ralphs) nail come femeele 411.
preemies et plty for Kerie and mistrust of Barr. When he
lost last Baer his face was muck swollen, and he said it had
been sassed by his gas " kicking" him—but in the mousse
of a dispute which arose amongst them relative to the team
given by Kerie to Barr, Kerie learned that the gun latter
Lion was no other than Ralph,' fist. Kerie's intemennee
with them was put an end to by an insinuation from Lewis.
The blowing evidence sou then adduced : W. Lewis
aski—.Bsp_shOasa or eighteen menthe I have known
DNA. MI odors not so long. Carter knew Baer
bum off kilmduation. In July last, myself, Barr, sad
Carter, twat to Cremorue Gardena, for the page.., to se a
phrase mealier to our profession, of " picking tip eels .” We
were dwejears, and mot persons to play at cards with as. We
won by *sating. When we got to Cremorne, we ups.
rated, sod ft war arranged that whichever of the three
"picked up " was to bring him to Louden, and the others
were to follow. I saw Barr wont several persons before he
did Mr. Kerie ;• but he did not keep to them, u their looks
did not suit. I gave Barr a cigar, that he might ask Kerie
for a light. We watched them until they got aboard the
steamer, and we came up in the same vessel, according to our
arrangement. Barr took Kerie to Houthwaite's, and in ten
minutes I and Carter followed, and we commenced playing
for cigars and coffee. The landlord supplied us with the
first pack of card, ; but while, by a preooneerted plan, Barr
and Carter drew off Kerie's attention, I substituted for
them a " stacked " pack, which was arranged so as
to give Kerie a good hand upon which be
would bet—but I dealt myself a card, by holding
which till the last Kerie could not win. When Kerie took
up his cards, • bet war proposed; but so sure was he of win-
ning that be refused to bet, saying that he did net wish to
rob us of our money. He did bet, but lost of course. I re-
ceived the stakes, and Ban paid hie loss in flash notes. After
Keel, was gone, we agreed to meet next day, and we
changed and divided the 201. not* received from Kwie,
besides his watch. By the Court : I dealt him the ace, king,
queen, and jack, the 10 and the 9 of trumps, and good cards
of other suits, but I kept back a king, by which I was safe
to win.—Witness continuing The expenditure was equally
borne by all. Barr, Carter, and myself received equal shame.
At the time appointed I was near the Taoist** Hotel, and
Barr told Kerie that they would not go in, u they were busy
cleaning the rooms. We went to the Meer and Ragged Staff,
where Keel* paid the 101. for his watch. But produced
flash note, which I had returned to him. At 7 o'clock we
began to play at whist with • false pack of carda, and we
allowed Mr, Kerie and Barr to win some trifling sums, to
reassure him. By the same process as before, I substituted
the cards, and placed the stacked pack upon the table. At
last betting commenced, and Kerie, getting his allotted good
hand, staked 2001. to 1001. Of course he loot, and he paid a
501. note, leaving his watch again.
The witness then went on to detail the plot by which
I Kerbs was got to Bares home, and the artifice they used to
I get him to Greenwich. It was all arranged by Barr and
witnem. Afterthe play at the "Yacht" was over, the accom-
plices got Mr. Kerie's 1001. note changed and divided it,
sharing the expenditure. Between this period of the matter
and the time Barr and Kerie went to Iver, some letters
passed between Lewis and Barr regarding Kerie'. move-
ment. Barr kept a sharp watch over him, and paid great
attention to his pecuniary affairs. In one letter he said, that
Kerie would shortly come int* upwards of four thousand
pounds in cash, and thought they would get it all from him.
He said the business went on well,. and he also made some
suggestions a. to the means of inducing Kerie to play ftw-
then In the month of September (Lewis continued) I
went to Brewer's house by invitation, and there met
Brewer and Ralphs, who commenced talking about Barr,
and then I learned that Kerie had been victimized,
at the Gloucester Coffee-house and at leer and it was inti-
mated that some person had been to Mr. Kerie and had in-
formed him of the nature of the transaction. It was I that
had told Mn. Retie that Ralph.. had given Barr II thrashing
and his face was swollen. Brewer and Ralphs said Barr bad
been deceiving them about the money won from Kerie, and
they said they would give a thousand pounds to know who
had opened Kerie's eye..
Cross-examined by Mr. Parry: I have been a profeseimal
gambler and cheat for two years. I came here to speak the
truth, and to make reparation by telling ail I know of the
matter.
E. Hitchcock stated that he kept the Bear and Ragged Staff,
in Castle-et:met, Leicester.square. Knew Barr, Lewis, and
Carter from their frequenting his house. They were there
on the 16th of July, when they engaged a private room.
Mr. Kerie was there. They were there two or three hours.
They were supplied with wine and cigars. Saw no card-
playing, but afterwards knew that there had been play.
Lewis gave hint a pack of cards. Changed a twenty pound
note for them the same evening.—This was the case for the
prosecution.
Mr. Serjeant Allen then proceeded to take some esehnind
objections to the shape of the indictment, with reference to
the evidence which bore upon Brewer, his client. He ma-
tended that the prosecution should ids* upon which of the
two state. of facts and eireamMiness whi& had arisen they
should go to the jury, and that Bore was an Bak in the .6.
demos to show that the arding at Ivor between Barr and
Brower, sad Rapala, Wes =or
_weal of the original
Zreat Cranroras Other objections were
beri the Bawer seighet Bore was such link, and if
foes megmes sosigkei is pink a bind, he who pulled the
last *alba Ines sear
si he urbm pulled the fink
la the dome WO Mr. Parry addressed
the=
behalf of • Mr. t Allen on the part
of and Mr. clarlana ea of Halpin.
Mr. leimlate, a surgeon ; Lisat-Col. Runt ; Mr. Beath.