The Express.
London, England, 1861-01-18 00:00:00

COURT OF EXCIIZQUIR.-JAN. 17.

Sitting% at Nisi Priue.--(Before Mr. Baron Bramwell and
°mama Jers.)
HAYTI' r. MOW—BILLS OF lICFIANGL

This was an action to recover the value of three bills of
seeks [a for 75/., 1001., and 26/. 10a. respectively, and for
mew ow. The defendant pleaded that the two fast bills
were aesepted for the plaintiff's accommodation, and se re.
erthe third he paid the amount into court as wall ea
ns I 0 U.
Mr. Turner and Mr. Tall curd Salter amazed for the
Mr. Serixont iee and Mr. Kerslake were for the
t.
It append tram the evidence of the plaintiff, the land-
lord of the York Hotel, Hastings, that is 1855 he had
become acquainted with the deleadent (statedby counsel
in his opening to be a clergyman of the *writ of
but this was denied by the defesthenes counsel).
plied the defendant from that period to June, 1858, with
wine, spirits, beer, kc., and had hut him and paid money
for him on several occarions. The defendant am him two
I 0 U's, for 50!. and 200/. The defendant had am his ale-
eons% from time to time, and when he gave the I 0 U's the
pester portion had bees tam out of the books at the de-
s »gam&
Croesexamined by Mr. Elmjeant Shee—The I O U for 501.
was given on the 13th July, 1857 ; and at the request af the
defendant., in order that Marrs. Garrett, the family solici-
tors, miitt not see it, I tore oat the leaves of the mom&
He did t e same, I believe, with other landsmen at Has-
-7.21. of that sues was contracted before my insole
in Jemmy, 1856; my debts were 9761., and my mete 1751.
I was remanded for six maths. The defendant was a men
of irregular habits, but I don't think he was weak-minded
bemuse he wrote poetry and also for the Dewspapers.
(Legegliter.) I think he is a very clever fellow. He- was
frequently drunk, but not daily. I did not know that
Merin. Garrott and James were looking after him at the
request of his relations. When lint I knew him be had
coesidemble means, but afterwards I bawd he had an allow.
anis et V. a week from his family. My amount against
him when be gave the 501. I 0 IL from July, 1857, to
the 2nd of June, 1858, when he gave a mooed lOU,
was Me. When the defendant gave me the hills
be desired me to throw the I 0 Ll's on the Iss, which wee
done, but they were afterwards found In the lireplase and
buret. The debt of 22/. contracted previous to my %od-
yssey is omitted is my schedule. I will not swear that the
whole of the 501. is made up of items supplied before my
insolvency. The plaintiff broke my plate glass windows
three times, and I advanced him money to pay for them.
(Laughter.) In December, 1858, I instructd my *diaries*
to apply for the 2501., and the Messrs. Garrett and James
replied they were at a loss to understand the claim, and
considering that the defendant's credit bad been des-
troyed as Hastings end his position well known,
they could not but conclude that the bills had
bees given without consideration. They asked for parties-
lam and said if the creditors would wait they would be
paid. They afterwards wrote that they bad made inquiries
of the defiudaat, who had no recollection of having given
the bills, but that he admitted the lOU's peen for the
amount of my trade account prior to my %solvency, and
that he had contracted a further debt with me, but nothing
like
the amount demanded. 1 was in want of money very
badly at that time, but did not pram for payment. The
defendant was supplied with particulars two or three times.
Mr. Serjeant `Shea—ln your books, from November, 1857,
to April, 1858, 1 see abundance of drink, but not enough to
make up Mt There are charges for cigar& tobacco, rum,
brandy, grog. How long was the defendant living with yes
between July, 1857, anal July, 1858!
Plaintiff—fleveral times. He used to come and stay with
me, though he bad a lodging eleewbere. 1 think he gave a
dinner party while be was there • but I cannot say that he
used to bring in many persons to have some with biro. He
used to have half-admen bottles on the table at a time.
When the Circus people were at Hastings he used to have
halfe.dosen of wine put on the coffee-room table for them
several times. (Laughter.) He used to have dinner parties
of young gentlemen us several times. Amongst them were
one or two riding masters. I would board a gentleman for
21. 2s. weekly, if he paid for hie drink. The defendant
only came to my house to live occasionally, when be fell
out with the people he was lodging with.
Re- .:mute became inerimmiet from being security to
the extent of 1,0001. My wife carried on the hotel busi-
ness during my insolvency. I returned to m hotel, and
have been doing well ever since. 'The defendant is 10 or
50 years of age. 1 never beard from the defendant's
friends that I was not to trust him. In 1856, when Mesas.
Garrett sad James paid me an mount, they told me I
should bs pietism.

Several lettere were them put is from the defendant to
the plaintiff. In one, dated Feb. 13,1816, he requested the
plaintiff to pay a bill for him. In others he wrote to the
plaintiff " Dear brother Hayter," requeating the Book of
the Norman, a bottle of port and sherry, mad subscribing
bans& "Teen fraternal In aseithor, to be addressed
=oder COM to "J. Modem, Faq., M. Ann's, Lewes," the
defendant wgpte, "Thanks for year letter. There is no
chance of my getting out. Garrett and James's clerk came
here this afternoon, butonlyteleekat and mock me. Seed me
some sherry, a flannel waistcoat, flannel drawer', and a
pocket handkerchief. Be sure and corn*, for than is no
chance of my getting out exarA through the Imolvent
Court Bring me some tea and tobacco."
Mr. Bans Hremwell—That would imply the ddendsnt
tear. prism.
Xr. Berjessit Mar—He waa, my lord.
Itomtaminatios ceedinned—Defendant was a free liver. :
believe he pm away a good deal be had from rm. At last
he wanted so much that he nearly cleared me out, and I
refused to emir him.
Mr. Mee—The plaintiff's schedule showed the
moan= defendeat's security was 10t0. 17e.
By the Judge—How came you to trust the defendant in
se large an amount
Plaintiff— I bad knows him • long time.
The Judge —Had he ever paid you large sums
Plaintiff —No, not a farthing.
The Judge—Why did he edam' you as " Dear brother,"
and sign himself " yours fraternally "?
Plaintiff- -We were brother freemasons.
Other evidence having been adduced in behalf of the
plaintiff's case, it
Mr. Serjeaot fiber addbemed the jury for the defence,
contending that, although emeething might be due from the
defendant to MI plaintiff, the present claim was an
imposition.
The learned judge having summed up,
The jury found for the plaintiff—damages, 179 i. 10a.

COURT OF PROBATE AND DIVORCE.
JAN. 17.
(Before the Jadge Ordinary.)
FI+HER r. maga AXD MINIM

In this case the wife had gained a verdict on her recri•
minatory pleas, the charge against her not being
and she obtained a decree nisi for a
=ion.

TiieCuaiend'a petition was now dismissed with costs.
Mr. Rumen, on behalf of the 00-respondent, asked per-
mission to dear certain matters which had been stated at
the vial, and respecting which his client had not been crow
examined.