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London, England, 1824-07-15 00:00:00

elways found that cause an unsound one, inasmuch as the plaintiff
wished to deprive the defendants of ',allies that could act as his
wietsses. fie never had met with a cause that was wore completely
t cmed with fraud than ths.f. present. In allusion to the plaintiff's
hcsit.e&s., he might sty that it was a rascally cause, ono ily-
lqvwn with fraud.
"'GC it Lt. JPSTICE here interrupted the beamed Sergeant,
a ..t s-t.. 1 I. would at once ask the Jury whether they believed the
01 'Al': to be * fair and Moor
.fi:le transaction, or whether they
el the whole to have been a fraud.
S.Tge.c.t t ne—lf your Lordship intends to put the
./..estion to the Jury in that manner. I should wish to have it put
arm the record.
The 11E1 J vsT F.—Will you permit the Jury to answer my

qu.s.ritin ?
31r. ei:rgenatt Wit-tie-31y Lord, then I cannot do what I
; I an precluded from it, when the Jury Late delivered their ;
verdict.
The Cuter Jt ST ICE —Vrell, if I am to have a bill of excel, •
thou Imi:rid in every trintipery case, I will have it done in the,
old and re;-,i,ulitr Way. You must prepare your exceptions before
the Conn rises.
Mr. `meant \Vitro! —I most do what your Lordship requires,
and I w!ll do it, although I believe that 11 am not necessarily re- I
q- tired to (loan.
The •tt ler Jesvice—l don't know that; but I shall require
st to be dune. What is your question ? For Ido not understand
upLit what grounds you can pet:teml to except.
3'r. S rgeant WPLDE-1 except to your Lordship's leaving the
oat-sewn to the jury in the -manner your Lordship has just done.
I calletul that, upon the evidence as it stands at present, it is not
O•illpde0I to your Lordship to call upon the jury to decide
scue.hcr the assignment i. trautio:ent or not. It is nut competent
ti•r the 'lt-ten-tants to dispute the plaintiff's property ; for, as be-
tureen rise plaintiff and his nephew, the assignment is a complete
stanstin.. and upon that the defendants are bOlll4l, as the conversion
is nymph:ie.
Tin: Curer JESTICE—Coo misunderstand my direction
ilin.ittnr It' tide. I eft it to the jury to say whether they believed
it to Se a fair and kw far transactions—whither it was not upon ,
the whole a ri-auil between the parties.
Mr. Sergeant Witne—l did not so understand it. my Lord,
a-. 1 I consider it my duty to state to your Lordship the objection.
31r. Sergestit VAUGIIAN—My Brother Rough, who k DUI in the
cause, has taken a vote of your Lordship's question, which is ex-
actly what you have stated.
3!r. Sergeant Rot: clt—l may, perhaps, be snowed to state,
aLst your -Lordahip left it to the jury to say whether the whole was
root n triad. I had the word ••• whole" on my notes, and on that I
conceived your Lordship's dire:tion to turn. lam 'lorry for thus
irterfertag in the case, and trust that my motives will Dot be axis-
irterpretoiL
The Cuter JEST rcE—l certainly Intended to leave it hi that
way to the Jerry, and I ant almost positive I did SO leave IL 1
anneal to you. Gentlemen of the Jury, and also to the Gentlemen
or the Bar, whether I did not so leave it. I inn certain that I so
intended to leave it. and I believe I did.
Mr. Sergeant WI LllE—i c.inli not, my Lord. therefore I
can the exceptions.
• Several of the Gentlemen of the Jury speaking at once, said—
SO understand it, my Lord, sod we find at was an attempt to
ddraud.
Mr. Sergeant WILDE again repeated that he should except to
the direetion of his Lordship.
The Cuter J CST IC E —ls this dealing fairly with a Judge'
31r. Sergeant Wit.ne—l certainly maim to deal both fairly
and retraftilly by your Ltlidship.
The Curer r.—lf you mean to deal respectfully by me,
you have an odd way a 'hewing it.
Mr. Sergeant Wit...ie.—At the same lime that I thew my re-
spect to your Lordship, I am religiously bound to do my duty by
my client.
The Curer JUSTICE—I desire, Sir, that you will sit down.
You ought not, Sir, to reply upon rue, till= directly or indirectly,
or I—will adopt measures.
Mr. Sergeant WILDS—I hope I shell never reply indecently
upon any Judge; but I am determined, at all events, always to
perform my ditty to my client
The CHIEF JAJSTICE—If you repeat on me, Sir, I will send
you to the Fleet.
31r. Sergeant 'Wien,: (with very great warmth)-1 am ready to
go wherever your Lordship pleases; but I will say, that no threat •
Iron: any Judge (and I say it with the most profound respect), I
repeat that no threat from any Judge shall deter me (and I beg
that the warmth of my manner may not be mistaken. for I am
more hurt than irritated), I do repeat again, that no threat shall
ever deter me from saying that which I conceive it to be my duty
to ume far the interest of my client. I lOU ready to go to the
Meet. or any other place your Lordship may think proper to send
me to.
The Curer JrATICE-1 used no threats, Sir; but stop this
sextant, or I will send you there.
31r. eicrgeaut WILDE—Your Lordship may do what you please ;
but I repeat, with the profoundest respect, that I shall always
boultd to do my duty under any circumstances, however un-

pleaaant.
ThJCIIIEF JUSTICE—I have, I think, great 7ellooll to coin-
ppt in ; have always been inclined to treat the bar with kindness.'
My motive seems to have been mistaken, or rot fairly appricimed.
It the practice of muttering be persisted in at the bar, sgsir.st
tie determination of the Judge, in a tone of voice not only audible
to the Judge, but to every one in Court, 1 shall pursue a course
that will be extremely implmsant to toe.
Mr. Sergeant IYILDE—I am sure that observation does not
aPVf to me.
DC ell SEP J;TSTICE—You have done it this very day, Sir.
14 is, and always has been, my wish, as it is any interest, that the
business cs the Court should be conducted pleasantly; but this
pracie: must not go on.
lilr.Sergeant WILDE again tendered his bill of exceptions.
Th 4 CHILI' JUSTICE—I will not seal so absurd a bill of ex-
cartiorA•
Sergeant WILDE—I think it any duty to tender it to your
Lordship.
The Cuter JIL'STICE—DO .0; I will not seal so absurd a bill
of esenti. You may bring your action upon the statute, and
1 will defend it._ _ .

.
Mr. Sergeant WILDE—Your Lordship will at fast please to re-
collect that 1 have tendered it.

The Cm-Er JUSTlCE—Certainly.
The verdict which the Jury had previously given was then re-
zortied. . .

Ale Sergeant Wt LDE having repeated his objection to the tie-
tare of the question put by his Lordship to the Jury, the Chief
Justice, who had ro: observed that they had been sworn in another
cause, said, I will put the question to them.
Mr. Sergeant Wu-es—You cannot, my Lord, they have been
deicharged.
The other cause then proceeded.
6111:EK LOAN
DE SITE HENDRICK. .

Mr. Sergeant PELL stated the plaintiff's ease to the Jury, and
observed, that his client had been compelled to bring his action for
the recovery of papers that were of the greatest comennence to hint. I
w bleb had get into the defendant's hands, and which lie had refused
to give up. The plaintitt; General lie iVitz, had been deputed on
the part of the Greeks to raise a loan, and he had been induced by
the representations of Mr. Cantata whose name was known to •
some of the Jury in consequence of ihe trial of yesterday, to apply
to the defendant to raise a SUM of money for that purpose, and he
had placed in his hands a bond and certain scrip receipts, which
the defendant refused to deliver up till his bill 01 expencea for the
nagociatien of the loan were paid. The defendant had stated that ,
a bill of 1/4/. was due to him, which amount wartendered to
on cordition that he would deliver up the documents in question.'
On that sum being offered, Hendrick set up a claim for commission
of VA/. Hendrick the stuck jobber claimed .530/. for doing nothing,
tar he had literally done nothing to procure the loan that he had
promised to do.
Mr. Thomas Bland swam —I am Attorney for Mr. De Wits,
and have been so about eight months. 1 know Mr. Comptesse,
reteo lives in Soho-square. I know Hendrick, the stock-pbber,
altd I am acquainted with the fact of General Dc Witz having
applied to Hendrick to raise money for him; the defendant was'
to raise money by way of loan for the plaintiff. The papas '
deposited is ' 'a hands' by De {Wiz were scrip receipts I,
with *tamps, value 271. and a notarial copy of the power of
attorney, and a bond belonging to Mr. Coniptesse. The
negoetation took plaze in May, 11123. I went to Hendrick with
Onniptesse to Faure b-Aik the documents. and to pay him his bill. ;
We waited nearly three hours before we saw the defendant. When
we d'd see him the plaintiff claimed his papers; but be saiithe j
sl:oald rive ep nethirg till Ids billwas paid. Mr. Canteue proposed
cis acceptance, w: deli defendant refused, saying he would have his
asarrey. Having between 300/. and 400 i. in my pocket, I took it
out, and said I would pay him that or any other demand against
the General. Defendant then said that he required a conunission.
'pen which De M'itx staid, "('ommission, you have done nothing
eQustify your receiving comniisaion," and reproached hint for not i
.Irrying the loan he required to the Stock Exchange. The de_
feu: said, as no Snip had been paid he could not carry it to the'
:-.:neck Exchange ; if he did he should be liable to be expelled.
Crns, -ens: lazed by Sergi. W nt—The defendant said the bond
I Ai deposited with hint for the expense• that lie might incur;
he iii i rent say that the other papers were. I have talked to
%nu respecting the power of attorney pending the
e. I have a great deal of business with the General fur
ca t• rt. Hendrick never said that he could not raise the money
h mel was signed in London, and not in timece.
%Clain'. addressed the Jury on the part of the de-
:, ar,t c
(I:tkv —I am clerk to defendant, who was employed by
t ',Ch..; to negotiate it Greek Loan. Ile numposed venous
r the subject which the plaintiff' read. Engraving% were
vernsements inserted in the newsomsea, and brokers
:1 who were entitled in a commission. I remember
nt our cminting-house, ad the next day I went
's house, and presented a copy of the account ; and
I bad the paper* And power of attorney with me, which
•;,; del st-r up but he said he would not receive them with-
•• •• • Spanish Land was delivered up. Mr. Hutt!-
. t 1,,...; c.l tram Nevember to Nay in dm; transaction.
by Mr. Sergeant Pr have been nine
5 eutplox ; I do not know whether Sontyson's
b'.. was paid, or Sanger* 21. ilk. ; I know W. Zet.
. Join. Bull newspaper fur advertisements.
"-111 C r. 11,11.111 the Loan was net effected, arose from
;at-, et' the iaek Deputies. A paper was posted at the
guart!ing the public from advancing money to
rah to,int IVitz, he basin-'' no authority to negotiate a
twit the 0. reek Government. .31r. Hendrick bad a contemn-
Ith the Greek Committee on the subject. who rec0m-
5.......1.4 bim to have nothing to do with the loan. .
Mr. Satnt:son sworn—About three weeks ago I had a =versa-
h 4,, s it!) isle llcntlrick about the commission, and he told me as'

lv•

the loan had failed he should be that money out of pocket if be paid
It e ctnuousaion.
Samuel Josephs proved the execution of the warrant of attorney
by Ex Arch, Johanniah. It was executed in King-she*, Fins-
bury-square.
3lr. Sergeant Pr hi, in reply said, the simple fact of the case was,
whether tha defendant had a right to hold the documents or not.
Ile contended, that if the documents were of no value the defendant
had tilt a right to retain them ; and the fact of his retaining them
sheived that they were by the defendant considered of value.
The CHIEF Jl* ST ICC kit it to the Jury to say whether they
ennaidered this a legal transaction recognised by the Oreck Govern-
nunt ; and he doubted even if such recognition of it would render
it a legal proceeding; but as that question had not been raised he
would not trouble the Jury with his opinion. But he asked the
' Jury if they were "misfit,' of the fairness of this transaction. He
confessed that to him it appeared to have been so loosely got up,
without giving the Court an opportunity of judging of it, that it
I would be difficult to fix any damage beyond the. 27t, the value of
• the stamps, and it was for them to say if that were due.
Verdict for the defendant.
STAFFORD (wt HOW) AND OTHERS (ASSIGNEES, t. CLARKE.
I This was an action brought by the assignees of the bankrupt,
1{ dliant Clarke, against his father.
I The evidence adduced having varied from the counts in the de-

The ('tt tF r JrrITILE directed a verdict to be given for the plain-
tiff, reaerviug liberty to the defendant to move the Court on the
variance.

if IDDLESE SisTSIOA S, lik.l,NesnAy, JULY 14.
Richard Priers, and Sartis r7-c. who was his nominal wife.
were indicted fir assaulting Andrew Donaldson and Elisabeth his
wife, in the parish of Chelsea, on the 14th of April last.
From the evidence of Mr. and Mrs. Donaldson it appeared that
the defendants lodged in their house for some time, and left the
same and ld, 7s. rent to pay. On the day stated the prosecutor met
the defendants by appointment, to receive part payment of their
debt, as Prince, who is an out-pensioner of Chelsea Hospital, was
to receive his pension ; but, instead of paying any part of the debt,
they beat the prosecutor violently, and raised such a mob of pen-
sioners around them, that di: y were obliged to take flight for
safety.
The CHAIRMAN, in charging the Jury, observed, that such a
species of conduct was frequently pursued by the Chelsea pen-
slayers, which often rendered them a great nuisaace and certainly
dangerous debtors.
The Jury found the prisoners Guilty.
The Cot/ ST sentenced Prince to pay a fine of *l. and Place 21.1
which being unable to pay, they were conveyed to Clerkenwelll
prison.
IVilliamt Thomas. and Charles &wiry, the sons of &respectable
market gardener at Fulham, were indicted foe assaulting William
Martin, a labourer, on the 2fith May last.
The prosecutor deposed, that on the day mentioned, as he was
walking by the grounds of the defendants father, the defendant,
Bagley, came up, and, wi.hout assigning any reason,
knocked him loan„ and the other two defendants kicked and
ill-treated him while on the ground, until his face was severely
cut and covered with blood; and from the violence of the assault
he has been unable to work ever since.
The prosecetor's son, a buy ten years old, who was with his
lather at the time, corroborated the former tesutnony, adding, that
one of the defendants also struck him.
Mr. ALLEY addressed the Jury for the defence, by observing,
that this was one of the most barefaced and impudent eases ever
brought into a Court of Justice. He was instructed to say that
he could prove the prosecutor, at the time the assault was com-
mitted, was busily engaged in stealing cabbages out of a field
belonging to the defendants' tither, and that hie hopeful sun was
watching to pr: rent his being surprised whilst cutting anti carry-
ing away the cabbages.
The Learned Counsel then stated the law on the subject, which,
in the case mentioned, was not considered felony, but only liable to
• tine of ter each cabbage cut down, upon conviction before a
Magistrate ; and to save the defendants' father the trouble of tak-
ing the prosecutor before a Justice of the Peace, a son of his, not,
indicted, struck the prosecutor ; but neither of the defendants
did so.
Mr. ALLEY then called Samuel Bryant, a market-gardener, who
saw the prosecutor in a field, cutting down the cabbages, and he ac-
rpidinted the defendants and their brother George therewith, when
thee all four stopped the pros.eutor ; but it was Bagley who as-
saulted Martin, and he was not assaulted by either of the defen-
dants.
Francis 31`Kinson, another witness for the defence, swore, that
neither William nor Charles 14044 were present when the assault
was commenced. This witness, in other respects, so much con.
tradieted the evidence of Bryant, that Mr. Alley submitted to a
verdict of Guilty against his clients. The Learned Counsel then
apologised to Martin foe the language lie applied to him in the
count of the defence.

The Jury found the three defendants Guilty.
The Coo tined Wm. Bagley 101. and the other defendants 21.
each, with liberty to speak to the prosecutor, who received 71. in-
stead of the cabbages.
The Cita' a MAN admonished Martin against plundering other
peoples property in future.

NIL