The Sun.
London, England, 1852-12-02 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF QUEEN'S BENCH.
(Sittings at Nisi Pries at Westminster before Lord Camp-

bell and a Special Jury.)
This
QUEEN V. HAIIP, PROBERT, AND WATKINS.
for was
an
indictment charging the defendants with con-
aPiracY to obtain a cheque for 4001. from Mary Ann Broome,
Purpose of defeating the ends of justice.
The trial commenced yesterday afternoon, and not being
concluded, when the court rose, was adjourned until this
°riling. A full report of yesterday's proceedings appears
in another column of The Sun.
4eThe prosecution was conducted by Mr. Parry and Mr.
tealfe, and Sir A. E. Cockburn and Mr. Hiddlestone
aPPeared for Probert ; Mr. Skinner for 'lamp, and Mr.
tiawkins for Watkins.
At the sitting of the Court this morning Sir A. E.
uoekt,
ulull addressed the jury on behalf of Probert. He
11.8 followed by Mr. Skinner and Mr. Hawkins, on the
Part of the defendants, for whom they respectively ap-
Peared.
thl:erd Campbell then summed up the evidence, observing
e.onithis was one of the most important prosecutions that
come before a jury, as the defendants stood indicted
/t having conspired together to defeat the ends of justice.
spring John appeared that three persons, named Charles Staden,
last
rig andn John Broome, stood committed for trial
assizes for Sussex, for having cheated
moue p
4111 Ramp, at cards, and defrauded him of a sum of
t„ and Ramp was bound over in his own recognizances
Prosecute ; and the gravamen of the present charge was,
that IT
,1 —amp and the other three defendants entered into a
446" and conspiracy, by which it was arranged that
parttniePse6uld not attend as witness against the accused
tv. on consideration of his recovering the sum of 4001.
co'ra the wife of John Broome. If the jury were
thilplinced by the evidence which had been adduced that
chy did so conspire, it would be their duty to find a
4 ver-
:f guilty. But the weight to be attached to that
e° depended on the credit which could be given to
teach
e
Witnesses. They were certainly to be considered very
terh in the nature of accomplices, as they all seemed to have
concerned in these contrivances; yet, if their testimony
to 4,e°rroborated by other evidence, the jury could have
There in ying that the charge had been proved.
ass e could be no doubt that Hamp failed to appear at the
haizi,,eB; that his recognizances were forfeited, and that
the Was thereby defeated. It was also clear that the
bane
h which was drawn by Fisher upon a Birmingham
defers ad found its way into the hands of the
vitt:l'4l:kt; and was in some way or other connected
et tithe non-appearance of Hamp, and the abandonment
prosecution. His lordship then went through the
e evidence, and said he was of opinion, unless thed
fella:4'es were grossly perjured, the case against the. e-
ellte,4nt.s Was clearly made out. If, however, the jury
wotrd 14101 any reasonable doubt of their guilt, they
" of course give them the benefit of it.
I•
qterle JurY, then retired to consider their verdict. They
nuur's absence, returned with a verdict of Guilty.

SHERIFF'S' COURT.
cliripm (Before Mr. William Burchell.)
COURT PRACTICE—ABSENCE OF COUNSEL AND
ATTORNEYS.—BINNS V. LUCAS.
13 a ,_6lslalltifilli this action is an attorney, and defendant
4tirtleraan, residing in Newport, Monmouth Shire. e
kice-
bill of f was brough
stst to recover the sum of 61. 55., the -
)e a co.
1411 Robinson appeared for the plaintiff, and Mr. G.
.eb-all ler the detendant (who pleaded that he was not
rte(l.l4_)'
Oak; a---.obinson stated the case, and said the business
4aoa``l°r had been conducted in 1849, and the whole bill
;t."'"',1,(1 to 121. 55., but defendant had paid 61. on ac-
-44:e
',at 'I, e facts of the case were these :—The defendant's
unfortunately, intermarried with a man of the
qviri,"„`, t-r,arnell, a clerk or schoolmaster, -who had a wife
trogyr the time of his second marriage. Defendant very
ter, a-„, Protected his sister as far as the law could protect
‘ral (cr retained the plaintiff to indict Parnell at the C.en-
vieted Court, which was done, and Parnell was upn)-
eon] t What the defence would be, he (Mr. Robinson)
merit "°' surmise, and the retainer was admittedby the
the and the defendant had no right now to
amount, as there had been no taxation of the
3.4-.(Lch he might have had if he had thought fit.call
refm
William Short, clerk to the plaintiff, was then
and Proved that he took the instructions from the
there ant, who signed a written retainer. After this
Pat, Were two examinations before the magistrate, and
4el, „v.,l.ltiswas committed for trial. A brief was given to cowl-
". EC' a fee of 21.25., and 11. 10s. for conference, and
e clerk's fees.
riot:„Bs-examined—Was not present at the trial, and could
that 'whether plaintiff was there or not. Did not ynow
l'oth-e Was in the other Court defending the " Manning
s"
cages Were on on the same day. Had to go to pl,m-
Lie -I„.°face, and on his return Parnell had been tried.
'harnaa, sentenced to two months imprisonment. Mr.
4tte fond was was instructed in Manning's case, and did not
lett,44" l
's
.
Could not say who did, but Mr. Wool-
Itrnarno was on the brief.
that •olonions, a solicitor, was called, and considered
knk‘ ,tte charges were incident to a prosecution of the
lye and that the charges were the ordinary charges.
tiff,'l"-)einnan, for the defendant, contended that the plain-
ato'vks not entitled to recover a single farthing beyond the
pioll_tnt he haul already received. This was an action for
the t_one in 1849. Plaintiff had not even been put into
a°=tor. X to shew that he had done the work he had charged
this was one of those cases in which the jury ought to
114`41.re the strictest evidence. The law was, that if an attor-
teiv4°, conduct the affairs of his client that the client re-
hriaefq,no benefit, he could not recover, in this case, although a
~nnctad no doubt been drawn : it had been given to a
Pr v''el who could not attend—in fact, it had not been
ed that the case had been conducted at all, but had
tlt,"1:. left to its fate. The jury had no right to assume
?Tr hit' case had been attended by counsel when neither
that ~,LuTs nor his clerk, nor any other person had proved
that Win.",ic a fact. He, the learned counsel, would admit
trit rlntiff was in attendance in court on the first day,
'fial did not come on; but if he was not there on
'teill%°l4l day when it did come on, defendant derived no be-
the rn.,cl Plaintiff could not recover. In the absence of ctoleunmsaen
og thl4;ge would hand down the dep9sitions to
_e_
*dee ar, or, perhaps, get a
'circumstances lums- aeglfnhoenwthre
oe44llee where clear. Under these
n,
'ono. 1.1) thought that the jury could come to_ o.
_otahner:
thii, fusion than that all the items relating to the brief, 0.
Paid e,es to counsel, ought to be struck out, and 61.thatthe
cnalre than covered any legal claim which the plaintiff
n-ftcave had. The learned counsel then quoted the
ports Lee had
V. Samuels, 15 Law Journal, and. • 8 Q. B.
sot the ein which it had been held that an attorney could!
cover where the business had not been conducted to
under-Sheriff
of the client.
tonnessunder-Sheriff said there was no doubt that an at-
tNOY WaB bound not only to exerdreasonable skill, but
tottienable diligence • but he was to say that an at-
4Caii 1,30 t bound by the negligence of counsel. He
ed
pkt that he can by preparing the brief, delivering it,
71,4'1)4i43ri,„1ig the fees, and was entitled to recover notwith-
-" anY neligence on the part of counsel.
tct hcinestion for the was, whether the work charged
ee properly) done. If it had, he would advise
"Aati--0-4 give a verdict for the plaintiff, subject to the
Ile of the bill.
N'e inrY, after consulting about a quarter of an hour,
rtlict for the amount claimed.
was the only case.
Rni

-111447 ...
eektit . MURDER IN
county of Tipperary,
zieitter. a brutal murder in
:—"
TIPPERARY.—The following ac
t in the Dublin Saunders Anotherociti,g7,im
`agrarian
1e21.(3412,1.11 accoro.a-3- nee with the baneful
commission
• disgrace
s
efi.e'4,',len' Tipperary is again of ~`'''aer brutal murder,
the'', eat atrocity In this instance the sufferer is nei-
, perpetrated under circumstance. ,
this county,but ,
the'
landlord nor agent, but din asant -named
en,
th resided near Busherstown,
4 "erders of the King's county. gall was ovi ted from h holding, but was permitted
continue.
kr. *--e •i• of the property,
NI th„ taker, the agen-
fail
c-fl'rernises and to get what h?
4,441 ~,,.` th,e plae. In consequence ofoothirdsd fpoerrinthiessi`engoolle,
ont . a , l f the agent, on reeei
t_
48, 4.-een. with person named Kenny to resign in. his.
the
st , 81113ject to the approva o
havitite ef 10/., to which Kenny assented,bntesuf bitsellAttheneulyt
Dayin4 endeavoured to obtain the possession
with another man. and
tarla: the sum agreed upon, Hogan,. to use the common
i,, hee.of the neighbours, `dealt'
assigned as the cause of
hi aving dared to do so
a teh__,
of o:uer. A party, consisitsingef
hi house on Monday
tigiitl'eni were armed, attacked
savage manner, from
sabout ten men, all
the effWeelc, and beat him in a most_
died
on Friday night
laat. °eta of which he languished and
c'
Wl-- 8 i 8 the verdict usual in
” The
fir e,o4ll•inque twas held on the following. day,
iii„._, lm returned
ns unknown. .
ife :4"'„ inlirder against some perm:. all suwchhecan stehse,
!the
1:: the deceased is in so delicate a staftre.
1 desceivecl and the effects of
thethe result of this
44ritired of ;so that in all probability two lives. üb-
,hfrtomthtahte ihnejrurlief.:
14,44,_ will end in the loss.?f
ettitilo'k'r Atorgan and the ponce
this 1,3,recl in endeavouring to of
hisou
trace out
districttheper7eetr
aa ctteirvse lr
suspicion attaches to
JSen,r,„arbarous murder. Strong
of tii.4' who states that he never
roved that he was seen
atinkb,oeo,rnrence ; but it has been p
party in the village of Toom-
vara.„-I that day with a large ,
left his house on the day
eoet, to,
thetnrri ”TIES TO THE CITY 13- Ls° printed, respecting
dutyPor.t.o,cured by Sir B. Hall it
y LONDON.—Yesterday
cilio. the eit,...' (,),11.rpence per to
d
, oil. 4sre London on.co payable brought into thenl]:oA
44,0411. 4s. on., and
144, t ye„ 0 , gross duty in 1836 was
nais to the Corporatmen.
charges on the co
iection, dr' --kaw,,,(4/,. 15s. Bd,. Theriarean .
d retiring allow-
ances to co i -seK on coals exported,
nearly 11
a 'lleterk The deductions w
duty o
fourpooe '1,,,.4_• in 1851. The above-mentioned
of the CorPo-
- 0fe1,7,0rP4 04 coals being the property
payment of draw-
ere in the wholef
b k ---.°73, the balance, after the -
allowance to
ac on coals coal met-- "P°lrted,salaris for collection, ano _
rove orPoration 1 account of
Rtreet i `'"' aild charge 20,0001. per annum, set apart for
the c '`'"'veld charge
is carried to the genera
municipal
'and applied by them in aid of
n.r;,,,,.
MitialinP, ent, administration of justice at the Ce t
_l(Za,
col., `-'°lll't, Maintenance of prisons Inagist.raeYi Pfun&
he c0,..._
.. purposes in re.
et ner' ell(' °tller ' sped of which t e
A .pnration are.chargeable.
Al-STl.,zyi.
1.„.., to call the
ittiew. MPHITHEATRE. —We ..,g
lac _
ketitoen of the benevolent and humane to the annou
,eric.
Ing ofArthe entertainments to take place here on the el'
Vrido ""daY) the 6th. They are for the benefit of the
for
_,w and faniily of the late Mr. T. Thompson, who wac
N,,,C°..an'Y years stage manager of the establishment, an
.c!
privo in that and every other position in life, as well 1?3, hi.,
to ate Worth as his public talents, had endeared himsel.
an extensive circle of admiring friends, but ho lately
_ r4,111„..,1:°, hile yet itt the prime of life, fell a victim. to pa-
toili, leaving a widow and youthful family, who are
•°hied Mrs.
.a Y pro widow
for, to mourn their bereavement: Thu
flome little Thompson has •in view, and to effect which we
earnestly solicit the co-operation of the benevolent, is 'C
of this induce
eildea'°llr, from the proceeds of this benefit, to set uin
existence for
will be of a3r of business, and thus secure the means. of
pelfhe and helpless children. Irrespective
Rtrings of theraeftl
a satotstunonvtl the entertainmentsn..g
,ewhich surely should untie the purse-
rs of the evening
ti charac..ter.
Ziling into reenisition'tvhe entire strength and unliuniteemd
lAilZees of Mr. Battys splendid establishment. T
"Vs, the celebrated lown, will also on that
.night,
avnd thatg, night only, inake his appearance, and sing se-
era' I:4 114 Popular sonp.