The Express.
London, England, 1851-08-16 00:00:00

NM Pitt. Cocar.—Bnoio MR. Irate,: Wickland ow..

..„ -
His lordship, having ilispo,sed of all the common juries,
proceeded with the special jury ease* of which there aro
four entered. Only one was disposed of is csur.e of
the day, which was an action of ejectment to recovtr pos-
session of about one rood und about 31 perches of land,
which had been taken for Ow pUrrOle of the Manclie,ter
Water Works, situate at Mottram. The parties were a
gentleman of the name of Hyde, the plaiatiff, and the do-
h ndants being the Corporation of Manchester. Eventu-
ally a verdict was returned for the plaintiff.

NEWTON ABBOT COUNTY COURT. —SAT URDAY.
Hanna W. IL Paseo, k.:441.
WATTS ND Cu. r. WILLIAM PASCOE.—EMAAOUDIMART
CAM
The plaintiff in this case are bankers, of Newton Abbot,
and the defendant a baker, of the same place. The action
was brought to recover the sum of 27/. 94., on a bill of
ex-
chanro. Mr. D'Arey conducted the case for the plaintiffs,
and Mr. Francis for the defendant.
Mr. D'Arcy opened the ease, remarking that this action
was brought to recover 271. 9.. on a three months bill of
exchange. Lathy, defendant's brother-in-law, had kept an
account current with the plaintiffs, and earn. +l on a variety
of bills of exchange, and other acceptances of defendant's.
On the 21st March, plaintiffs discounted a hill in the usual
was, accepted by defendant, and before due Ruby INCATUI.
embarrassed. The payment of the bill then devolved on
detendant, who proposed paying half in cash, and giving
another acceptance fur the other half. Ile was subse-
rrently served with a notice to admit the hills and their
costs, and in spite of his previous admissions states that it
is a forgery, stating in explanation of his previous admis-
sion of the bill, that Ruby was his brother-in-law, and he
wanted to screen him from the law. Defendant had made
several admissions of the bill. lie bad also denied another
bill which he had recently accepted and paid. He (Mr.
D'Arcy) would call witnesses who would prove having
heard him 'tato that it was his handwriting, but his (Mr.
D'Arcy's) principal reliance was on the admissions made by
defendant. He then cited a case from CalllllllCll.6 Re port+,
that when a person accepts a bill, and consents to pay it, he
cannot deny it When the bill is stopped.
John Beachey, solicitor, stated that he served the de-
fendant with duplicate notice to admit, at the same time
showing him the bill, asking whether the acceptance was
in his handwriting. Ile replied that it was not, and that
he never accepted but one bill in his life for Ruby.
Witness replied, I think you must be mistaken, and then
produced another bill with his acceptance for 29/. The
bill was now produceil. Witness asked him if that bill
was in his handwriting, and defendant said it was not.
Witness said, Do look at it, because lam informed that
you actually advised the bill." Ile repeated, " I never
rave but one acceptance in my life." Witness asked hint
if he had gut that acceptance : lie said " Yes," and took
it out of his pocket. Witness remarked that there seas a
great similarity iu the handwriting of the two, and that
defendant must be mistaken. lie repeated that he never
signed but one acceptance in his life. Witness asked
how he came to go to the bank two or three times and
offer payment if it was a forgery ? lie replied, " I was
there at the request of Ruby, and did not like to transport
hint." Witness said it was a bad day's work, and the world
would coudemu such proceedings. All this took place at the
Ake.
Cross-examiucd by Mr. Francis—l asked him to write
his name, which he did twice, without any hesitation. I
illaresay I said there is "u great similarity, but a difference
in the W." Most decidedly there is a ditterence in the W.
1 have seen his handwriting, but never a W like the one
in William. 1 think 1 heard as late as Thursday that it
was a forgery. The father proposed to come to the office.
1 had also made similar proposals to Mr. D'Arcy. I showed
the father the forged name. Ile said he could not say
whether it was his son's handwriting. Can't say whether
I suggested his going to the bank, or my salt. 1 was more
anxious about the second bill. Did not think I should
take legal advice before I went. Defendant appeared ugi•
toted throughout.
Lewis Beanie, clerk—l knew Thotnas Ruby; he kept
an account at the bank. 1 have seen hint write. The
name Thomas Ruby is his handwriting. Ruby brought the
bill, and it was placed to his credit. It was discounted
March '2l, lßil. Ile drew out and paid money after that.
The bill was dishonoured. I saw Rubs', and not defendant.
Ile called a day or two after; but I did not sec him to
speak to him. The bill (the second) was paid by Pascoe,
July 19th, ltsiO. Pascoe came himself and pant it.
have seen defendant's handwriting on several occasions ;
but never saw him write. The note 15th April was paid
himself. Defendant came to the bank with Mr. John
Ileachy, followed by the father. The bill of exchange for
29/. was produced by Beuchy. lie said, "here is Mr. Pas-
coe, he says it is nut his handwriting." I asked Pascoe if
he was sure. lie said " yes, he never signed but one bill
Ruby, and that -in his "He

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the lump .1111 7201., 3001. for the extra time, and 62/. 10s., (Mr. Watson) could not but deprecate the entire trunsac- in his life for Ruby, and that way pocket.' _ pro-
which, under the provision, of a late act of parliament, they tioo as between a commanding officer and his subaltern. dined at the time a •261. bill. I said again, "you are quite
wen entitled to recover for interest. It might seem that A number of witnesses were called fur the defence, one sure that is not your handwriting," (pointing to the bill fur
the action was brought at a very late period from the ter- of whom, Henry Johnson, formerly servant to Lieutenant tit.); and he said he would swear to it. I said how can
titillation ul the contract, hut this arose from the defendant Pedder, in his examination by Mr. Crompton, deposed that you say so, you paid me that bill yourself. He said it is not
having, in another court, instituted a proceeding for sal- on the evening before the horses were sent to London hemy writing fur all that. I told him he paid it with a 261.
veite• lle (the learned counsel) had the notes of the judg- received directions from Mrs. Colonel Arthur to be sure and Mll and M. cash. lie said, " Well! I may have renewed
men: ie. that cave, in which the construction of the charter- tell whoever might have charge of them in London to get it; but I never signed but one bill in my life." From the
party was brought into discussion, and a very learned judg- them shod in leather the same way they were shod then, as knowledge of the bills, I should have taken it for his baud-
i meta it was. As to the plea of payment, there was not • their Mien was very high, and they would otherwise writing.
1 shadow of pretence fur it, and as to the plea of set-off, that knock their feet and legs to pieces. There was a stuffing of Cr,
received the first bill 17th April,
would be found to be equally untenable; excepting. per- tar and tow under the leather when the witness first saw 1830, without doubt. I discounted it without his being
haps, as far as a charge for imiurance was concerned, and in the horses. present.omas Sweetiu
re to which the plaintiff* admitted their liability, Mr. Field, veterinary surgeon of Oxford-street, London, le remember defendant's callin at g
baring themselves ordered the insurance to be etfected,and deposed that both horses were unsound when he was called the bank and saying he could not pay the whole of the bill,
keg always been ready to pay for it, but that they could in to examine them on the 9th of June ; and the disease but would pay part of it, and perhaps the bank would not
never get a sight of the policy, or gain any accurate ',miff. must have been of sometime standing. This was corrobo- object to wait a abort time for the rest, I said, "If your
eulars. Under these circumstances, he apprehended that rated by Mr. Arthur Cherry, who stated that they were father will 'oin you in a promissory note to the bank, that
the fury seeold find the plaintiff* entitled to the amount spavined and wiudgallod. will do." Defeuelant said, " I cant tell my father, as he
which they claimed. Captain Dyson, of the 3rd Dragoons, said he was present would be angry with me." Ile did not intimate the aceep.
The charter party was then put in and proved, and at an inspection in Edinburgh by Gen. Bretherton to the Lance was not his. I saw hint again at the bank on the 17th
witnewes called to show the sailing and return of the vessel ; year '47 or '4B, when Col. Arthur was asked if he was in of April. lie came for the purpose of advising our bill. lie
song them was the shipping agent at Liverpool ; and in the habit of selling horses to the younger officers, or per- said then, " Ruby has served me badly. I did it for Ruby's
reply to a question upon cross-examination, he stated that miffed such transactions in the regiment : to which the accommoaation." He also said, "It is quite enough for we
ltd tone of oil were brought home in the defendant's colonel replied that he did not. The objection was chiefly to protect myeal." I commenced with saving, " M'ell, Pas-
ship Mary. The proper charge for the freight of that cargo against such transactions taking place with officers in corn- coe, are you prepared to pay the former hill ?'' He said, " I
was 6301 mend of regiments shall not pay it, as I have been told by Ruby it was in-
Mr. Greenwood then addressed the jury for the defend- The various letters and certificates, referred to in the eluded in the mortgage."
ant. Ile said he was nut instructed to deny that the defendant's evidence, was here put in. Janes Cull, one of Ruby's trustees, stated that he took
plaintiffs were the owners of the Maria Jane, or that she The court, after a short adjournment, resumed, when an active part in winding up Ruby's trusteeship : com-
aes chartered by the defendant, and went to the river Mr. Sergeant Wilkins replied on the part of the plaintiff, minced about 7 weeks, and he was told then there was a
Rio Bents. where two other vessels belonging to the defend- eliciting great merriment by the following couplet, in Ma. f returned bill. Saw defendant at plaintiffs' bank, it might
Oat were; but he claimed to set off certain cats and charges. lion to the defendant : have been five weeks since, on a Wednesday. The bill
By the charter party the owners were required to find naval Pitt the sorrows of a pore young man, was presented.to him by Mr. Kelson, who asked him if he
storm and properly equip the vessel for that voyage ;ray Who ha suffered heavy Imes, was prepared to pay it, and how. lie said I can't pay it
there was also a provudon that, where the vessel necessarily By and
mowing
the town, now, but if ou will give me time I will do um. Mr. Kelson
put into any port for repairs, the time she was so detained and by snowing 'ows. said, "That won't do for us." It must be paid. Will
should nut be charged for. Before she got to the coast of (Loud laughter.) His friend had taken his stand upon your father be answerable for part payment? He said I
Africa it was found that she WaB not properly provided with the plea of fraud. He ventured to submit that there should not like to say anything to my father about it, for
tutelage, and the captain had to dip into the ship's cargo to was not the slightest evidence to sustain that plea. he knows nothing of the matter. My father-in-law will
the esteut of 141. 19s, This being for necessaries of the Lieutenant Pedder bad been five year, in the army, and be answerable for the payment with me. I paw him again
Ship they had a right to set it off. The vessel being loaded was as well acquainted with a horse as the plaintiff. His az weeks after. 1 said this is a strange affair, you gave
with 213 tuns of oil sailed down the river en the 16th of friend had termed these horses " shaken old screws." It was your acceptance to Ruby, you should have paid the amount,
July, but in crossing the bar she got into difficulties, and not to be supposed that if they were so the defendant was you knew you were liable to pay this acceptance. lie said ADMIRALTY AUG. 1 S.—AO POIS TM Lae a ..-
bet her chain* and anchors. She was taken hack up the ignorant of what they were. One had been described as üby haul promised to pay when the bill became due, as it ,
giver six or seven miles, where she got aground, and standing on tan and blistered when he bouebt it. It could was only for his accommodation. I said, why did you accept W. Bytord, to Coast Gras& Boatswain T. Whitelock, to
Wes detained for some time in dower. There was great dirt- not have been supposed that the plaintiff blistered the the bill. You owed Ruby 151. and paid him. you should risago. Clerk H. J. Mitchell, to Visor. Clerk's Ao.
Salty in getting assistance, but fortunately the Rapid horse for amusement. With reference to the evidence of have kept the 151. until the bill was met. He again said I sistant F. Price, to London. Gunner W. Nevin, to Odin.
and the Mary, two of the defendant's vessels, happened 1 Captain Dyson, it haul nothing to do with the case, and had accepted the bill fur his accommodation. Acting Gunner J. Roberts, to Sitearicater. Paossoziosia.-1
be be there, and they lent their crews, and boats, and been called for the Purpose of annoying Colonel Arthur. It Charles Ketosis, one of the plaintiffs, remembered de- Boatswains advanced to Ise class : Philip Brown, George i
stores, and procured native help to right the vessel; and was not shown that Colonel Arthur had on any other ocea- fendant's calling at the bunk on 2nd July, and told him Ray. Promoted to Retired Captain: J. Sykes.
basin;; unloaded a large part of her cargo, they, on the Mon sold horses to his officer.. The defendant had take* a there was an acceptance of his returned dishonoured, and •0.
nitd WESTMINSTERnothing nettled
BR i 1 g
with.— respect A noth et ro a:iFs
2nd ut August, got her off. A survey of captains was called, fancy to the horses, and was resolved to have them, and, asked him how he meant to pay it ; he said it is a hard eioAn is over,
and it being cousidered that she was strained and could not knowing that the plaintiff would not sell them, had asked ease I should have to pay it ; I never owed Ruby money, bridge. How much longer is this to continue ? By the
safely carry the cargo, 93 tons were sent home in Mrs. Arthur to use that legitimate influence which all but did it for his accommodation; if you will accept the 1 evidence of the engineer examined before the Committee of ,
the Marv. The learned counsel went on to contend that the wives did use to persuade Colonel Arthur to sell the horses hill I will make it all right• I said I would give him time, the House, it appears by no means an improbable event
defendant had a right, the eat having been sent home to to him. The value of a horse often depended on fancy. and advised him to get the bill renewed. On his saying he that a Severe winter, with heavy accumulation of ice in the
the under of the plaintiffs, to set off the 6301. for freight as The learned counsel on the other side bad often enough did not know who to ask, I suggested his father. He said I river, may carry away the present shoring, and send the
well as 110'. 18,. incurred for the ship in the ricer, and the been seen riding • favourite bay horse in the parks with • he should not like him to know anything about it, and I whole into the river. So sure as that happens, Blackfriars
W. 199. 3.1. expended in the cordage ; and he also con- great scar actor his knees ; yet he knew his value, and asked if I would take the name ot Mr. Ruby, sen., and ; will follow, and thus two great thoroughfares be cut off. ADULTERATION oFTRA, &C.—Yesterday was printed
tended that he had a right to deduct for the time the yes- would not part with him for any price. How often Mr. George Ruby, in conjunction with my own. I went lOf all this we have had warnings for years past. How the a return of Encise prosecutions for adulterating tea, to-
WI wan laid up for regain. although she did not actually bad they seen a delicate lady walking or riding into the bank and made enquiries, after which I told him I i City authorities and the Westminster Bridge Company bum, peppers and coffee. In the year ending the 6th of
II
lielse the river for the plarPoec of undergoing repairs. in the parks with •• great, heavy, tat lapdog on did not know much of muter of those persons, but if he I could sanction such wasteful outlays, after the opportunity I January laid there was one Excise seizure of tea and one
On the part of the -defendant, witnesses were called to her arm, tor which no one would give if., but would pay half the hill then I would renew the bill with they had offered them of seeing the nature of the bed of the ' PrOSOCUtiOttl of tobacco, 17 seizures and 13 prosecutions ;of
name that in coming down the river Rio Beteto on the 16th for which, probably, she would not take SOL ? Then their names for the remainder. Ile then promised to call river, and the action upen the same gime the removal
!mapsper, 7 :seizures and 23 prosecutions. In the peri there
et
July, the vessel took the bar, and lost her anchors and your fine gentlemen and fashionable young men about and do it that day week. I saw oldtMr. Mr. Ruby, who said London Bridge, as shown in the plans accompanying them net a seizure or preaecution by the Excise for adul-
ghnialli that she was taken up the rivers rad went aground ; tows: liked showy homes, with high actaon —Menteadous his elin-in-law had been taken in, for he did not think he ports, is rally past belief.—The Builder. . terate4offee.