Northern Times.
Liverpool, Merseyside, England, 1859-03-25 00:00:00

NISI PItIUS COURT

Mr. Justice Byles took his seat on the bench at nine
o'clock this morning, and proceeded with the hearing of

civil causes

SMITH T. SMITH. - This action, in which the plaintiff s
cage concluded at the rising of the court last night,
.was
resumed. The defendant was examined, and deposed that
he had paid the whole of the claim which his brother had
a.mainst hint, arising out of their mother's will. He stated
that he paid the amount by instalments at various periods,
and in confirmation.of his statement he produced a docuMent
which contained the following words :—" This is to certify
that Tim Smith has paid all demands to Abel Smith, April
12, 1839." • This document bore signatures which defendant
deposed to be those of his brother, the plaintiff, and of
witness named Hanson. The defendant denied that he.had
ever undertook to pay interest upon the amount claimed,
and posititely declared that the memorandum produced
yesterday by the plaintiff, and purporting to be an acknow-
ledgment of the debt, with interest, was not in : his
handwriting. The witness referred to, Hanson, was also
examined and confirmed the statement of the defendant. In
answer to Mr. Atherton, witness said he sometimes signed
his name Hanson and sometimes Anson. -(Laughter.) He
did not know why he sometimes left out the "
(Laughter) Many people spelt it.both ways. His Lord-
ship : I suppose because many people pronounce it both
ways. (Laughter.) A woman named Hannah Sniith,
sister of the parties, deposed that the plaintiff frequently
came to the defendant's house and nceived payments in
money. She also stated that she saw the plaintiff and the
witness Hanson sign the document referred to above. This
closed the case for the defence. More directly contradictory
evidence than that which the case on both sides disclosed it
would be scarcely possible to conceive. His Lordship, in
snniming up the evidence, dwelt especially upon the docu-
ment professing to be the acknowledgment of the debt of
principal and interest from the defendant. This document
WaS "On' a: piece of blue wove paper, and was dated March,
1838_ qii3,,Lordship said, on looking at the paper against
:the light, an;;observation at once occurred to him. The
water mark 'Apon it bore the first three figures of a date.
He wonld, therefore, before expressing any opinion himself,
hand. if to the foreman of the jury, and ask him what the
third figure of the water-mark was. The Foreman havine,
rooked at at the-'document declared that it was clearly the
figurels.,..-,.. His Lerdship said he was decidedly of the same
opinion, and that so muchh of the water-mark date as 185 -
. • ettiattc,'Aft Atherton (plaintiff's -.Counsel)
took th?. paper, and haviiig. examined it, declared the figure
to be, Nfr 'Russell (for plaintiff also)
expressed a similar opinion, amid 'much laughter. Mr.
Monck and Mr. Millward, for defendant, were
of the opinion that theijisputed'figureivas ‘5. His Lord-
slily said, as counsel ':upon eithei?si4eMad given their
opinions according to 'the einergeiiciefittti their caseS—
(laugliiihe liorld tiress, the aO6-4ititaxgain up to the
j ury. _ Several Juiors- looked af -the paper declared

that the figyx,e, twasciA

diAe Jutorhe believed blue

wove papeil, AO an ihventioh of thore,jegent date than
1838. -Atis.„-A-Alrditril'said,...S6.la‘r-'4i4 124 'eatild at present
judge, it 49p.pfailoycl, to doedtnteiit which pur-
p9rted VO"have-4een,wiittteniw itarehy) 1838, was written
on paper who ,:mtaterxThittlt:- -.slitiirealt. date, at least,

lueut--to---1850. lii Lordshiß--t?-pronded to
-elrai&nt 'T..t.iPi ,Tie-ier-hi -Other passages;-Arid: *iricluded .by
.. .
eotortikditrtu their' e.qpecial att4ntieh.' -th.h.-floptkrhertt—upon,
`ivhiCti so illuAf...,o.lsetssio.had .alkady • Wiz 45 ,place.: The
jury, after -a very few- minutm-----con4d<Moti,—Tot—Fr.d a
yerdiet, -fur thtrtl4tfl, , . •-„ - ...; Lurdship : ' Fs,: I-that.
•egtleinei4yr,4ij%C4...- . Foremp.; It . is, a 5,
His igndshi §ist, e, all agreedliPii. that.
poi44ll3The F Meant,. Ail, qtr lord. His i !Lordship r: -
;.Ellgre 79aily car '!.lig no ctjouli.t... F.o out it. ,The .remark :
.I\rOtie whittever. ,{,„ 4, i,, if

my lord.

'-B • - t 0 T ANTC.i. 4 aIS 11%. • ,p.xeccsy-ex; dammot-i-
-upo- an allegcliwarVa44--tif a orse. The--plaintiff and
defendant were OpiT:ifiirm.4,74f ing, in diffetent-Yarts.of
the county. Tl444:ftitAti, was, .tha,t, the first
ti-ausaction in r4f*OrtiliAli,l ircbase of the horse took
place at the fair '
ii,104444tit-, e the :plaintiff -sow ihe
defendant's horscfniltliti stables. 'Somenegocia-
tiopyok place tivoiV .f the horse, for which
the ,defendant
—tr inease;antbtlie plaintiff
offered- a smaller sum. The plaintiff asked the defendant
to allow the horse to be tried in the streets, but the de-

fendanLrefused,- saying he would not ~I.law-liiellor,:e to be
Eagged about. :,:.The bargain =did not proceed that
day,, but a.thot following . day the, transeetion was
renewed. The plaintiff said -ite" wanted a gena_sn*und
Vtrie,- Ilk for drawing tin}?-;a
.th-picase forAlid.,plaptiff