The Sun.
London, England, 1852-11-20 00:00:00

LAW INT_ELLIGENCE.

EQUITY COURTS.—Nov. 19.
(Before the Master of the Rolls.)
CAREW 'V. YEATES.

plaintiff is a young gentleman of fortune, and has a
house at Beddington, near Croydon, and anotherat Leam-
ington. It appeared that a friend of his, Lieutenant
Mills, of the Guards, was in want of money, and he
entered into a negotiation with the Albert Insurance
Company
for a loan of 5,0001., which they were to lend
.
him on a policy of insurance, and on the plaintiff becom-
ing surety. Plaintiffagreed to this, and an appointment
was made at Leamington to sign the papers and complete
the transaction. A day or two previous, however,
plaintiff wrote to Mills, stating that his lawyer informed
him he could not make the requisite statutory declara-
tion that his property was unencumbered, and there was
therefore no use in the parties meeting at Leamington.
Lieutenant Mills and Mr. Blake, however, representing
theinsurance company, and Mr. Yeates, solicitor, the
defendants, went, however, to Leamington, where they
met the plaintiff, who signed two bonds—one for 2 400/. to
Mr. Yeates, the other for 3,700/. to a Mr. Scotland. On
the deposit of these bonds, and on a bill of exchange, Blake
subsequently advanced Mills 1,5001., and the bill not
being paid an action was brought on the bonds, and a
verdict obtained against the plaintiff in the present suit,
and execution issued. Plaintiff subsequently filed a bill
in this court, in which he alleged that the bonds were
fraudulently obtained ; that when he signed them he was
not aware of their nature and effect, and that they were
represented to him as mere formal documents, which
were only intended to be shown to Mills's creditors to
induce them to suspend proceedings, and praying that
the bonds be given up to be destroyed. The case came
before the court some days ago, when an application
was made to restrain the sheriff of Surrey from paying
over to the plaintiffs in the action at law the sum of
1,778/., the proceeds of the execution, and the Court then
granted an interim order. This day the motion was re-
newed, and after some discussion,
His Honour directed that the 1,7781. be paid into
court, the plaintiff and his professional adviser entering
into an undertaking to indemnify the sheriff,

COURT OF EXCEQUER.—Nov. 19.
MORGAN V. CLIFTON.

This action was brought to recoverthe sum of 1,000/.,
being the amount of the defendant's (Sir Robert Clifton's)
acceptance of the draft of a Mr. Rowlands. The cause
was tried before the Lord Chief Baron, at Guildhall,
when the verdict was found for the defendant, whose de-
fence was that the plaintiff had paid no consideration for
the bill, which was given in part payment of 2,0001. won
at dominoes by Mr. Rowlands of the defendant, when
travelling together up the Rhine, and that the plaintiff
had full knowledge of these circumstances when he took
the bill.

Mr. Edwin James having obtained, on the first day of
term, a rule nisi for a new trial, on the ground of mis-
direction, the learned counsel now made an application,
with the consent of both parties, that the rule might not
be argued in the order in which it had beet entered on
their lordships' paper, as the plaintiff, who was to show
cause, was not ready to do so, having affidavits to pre-
pare.
The Lord/Chief Baron—The whole question depends
chiefly on affidavits, does it not?
Mr. Petersdorff, who appeared for the plaintiff—Yes,
my lord.

The Lord Chief Baron—Then it would be better to let
it go into the peremptory paper for next term.
Mr. James—This would be the best course, and if
adopted may, I believe, lead to the settlement of this and
another case.

COURT OF BANKRUPTCY—Nov. 19.
IN RE. ROE.—SKITTLE SHARPING.
The bankrupt was an upholsterer, of Islington. This
was the last examination meeting. His debts were
about 1,200/. ; assets, put down at 4001. Under the
head of losses appeared an item of 1201. as "lost by
skittle playing." •
Mr. Mason opposed the bankrupt, and examined him
as to the item of 1201.
The bankrupt stated that he could give no proof of
having lost and paid the money except his own state-
ment. The parties with whom he had played had all
disappeared, or he should prosecute them. Two of
them were named Rickards ; one, the elder, gave the
address of " farmer, Suffolk." (Laughter.) He re-
presented that he, had taken a house in Barnsbury,
and wanted bankrupt to furnish it, which would have
been a 2001. order. An appointment was made for him
to go to the house to measure a recess for a ward-
robe. As he and Rickards the elder were going, they
met a younger man, whom he represented as his
cousin ; his name was also Rickards. The young man
said he had just been to the house with the landlord,
who had locked it up and taken the key away with him.
An appointment was made for another day, when he met
them at the house. On coming away, Rickards the
elder asked him to have a glass of wine or spirits, and
they went to a public-house at the corner of Theberton-
street. There they found a person, apparently a stranger
to them all, who was boasting of his great wealth, and
also or his physical strength. (This was one day about
the end of June or the beginning of July last.) Mr.
Rickards, jun., offered to lay him ss. that he would not
throw a quoit fifty yards. The bet was accepted, ands
',they all went to the Lansdowne Arms, Islington-green.
"The quoit was thrown ; witness did not know who won.
Two other men were then playing at skittles, and the
Rickardses commenced betting on the players and
throws. They bet as much as two, three, and five so-
vereigns. Witness thought the men playing were skittle
sharpers; they looked like sharpers. Witness only
accompanied them because he had received the order for
the furniture from Rickards. Rickards the elder in-
deiced him to play, at least to bet ; he won 2/. or 3/.
by betting against a man whom they had met at a
public-house in Theberton-street. He lost 151. that day
to him. Neither of the Rickardses won a farthing.
They both advised him to bet. They appeared to lose
between 201. and 301. each. An appointment was
made for the next morning, to meet at Highbury-barn.
The same party was there. He lost 51. that day by bet-
ting. Did not play at all. Rickards said he had lost all
his spare cash, and must go down into Suffolk for a sup-
ply. An appointment was made for a subsequent day.
They met, next day but one, at Highbury-barn. They
were there on four or five occasions. On the second day
thez_had dinner there, and played one game after dinner.
The younger Rickards gave the address of " James
Brnaticleast, Exeter, near Tiverton." He kept their
company about thirteen days, but not that of the other
men, whom they all concurred in thinking were low
blackgittrclsT Witness lost money on the last day.
Rickard the elder, appeared to lose 701. or 801. that
day. He asked to let the order for the furniture stand
over. Witness tried to detect collusion between Rick-
ards and the " two blackguards," but could not do
so. He still thought it was a genuine loss on the
part of the Rickardses. Never went to the house
that Rickards wanted furnishing. Never inquired at the
Lansdowne Arms or the other houses whether they knew
aught of any of the party. None of these transactions were
entered in his books ; he should have been ashamed to
enter such disreputable transactions in his books. He
had written to both the Rickardses, to the address they
had given ; the letter to the elder was returned through
the dead-letter office.
Mr. Lucas submitted that the bankrupt's account was
sufficiently creditable to allow him to pass. A gang of
apparently respectable persons had recently been con-
victed at the Old Bailey for " skittle sharping," and it
was probable the bankrupt had fallen into the hands of
some of those persons. The order for the furniture was
evidently a dodge to put him off his guard. If he were
given time no doubt the bankrupt could bring witnesses
from some of the houses where he had played, to show
that he had been there and had lost money.
His Honour was willing to grant an adjournment for
that purpose, but said it must be at the expense of the
bankrupt. The case was a most important one, and the
bankrupt ought- to be allowed every opportunity of get-
ting out of his difficulty, if he could do so with truth.
Hitherto his evidence had been given with great apparent
candour.

The case was adjourned for a fortnight, with protection
for a week, and if the expenses were not then deposited
the adjournment would be sine die.

AUSTRALIAN GOLD FIELDS. —The Maitland has ar-
rived from Sydney with dates to the 26th of June, and
14,325 ounces of gold, valued at 57,3001. ; but by way
of Calloa advices have been received to the 16th August
inclusive. The new customs duties had come into
operation, by which the rates upon English and foreign
goods are equalised. The duty upon Rum is lowered
6d. per gallon, the new rate being 3s. 6d. A drawback
upon the exportation of refined Sugar made in the
colony will be allowod of 3s. 4d. per cwt., and on bastard
Sugar a drawback of 2s. 6d. per cwt. The colonists
complained much of the exorbitant rates of carriage, and
a railway had in consequence been projected between
Sydney and the diggings. It is stated that as much
as 141. to 151. per ton is now charged for car-
LY,ing goods to Goulburn, a distance of 120 miles.
taelabour i attractions of the gold fields were withdrawing
P P
rom the agricultural districts, and 'ears
were eutertained that great difficulty would be
"Perier, „d i
kept. It Ny n getting the next clip of wool to mar-
here wouldeei; therefore, hoped that the manufacturers
from ,:t relax their exertions to promote emigra-
tionasVeland, to supply the wants of the flock-
satisfactory cha accounts from the mines are of a very
obtaining nhleraciliete,sr• On the Macquarie, parties were
results were exp'1:01,101 gold per day, and still greater
workings to be carried- When the season permitted the
southern mines are deserl"Zoperly. The diggers at the
their industry, and the nu as obtaining rich returns for
in that district. Major's
ber of miners was increasing
ngs were turning out
well, and at Berrien fromdt
commonly obtained. e (!io ten ounces per
day was
six months, cleared 460/. The
....n9iirethelirnerson had, in
mines were
of
ount
e ..iggings
attracting great attention. At
1, 13ingara th A• • expected to surpass Lose
were
to sixty
der, and the deposits are officially d . Alexan-
from theo head of Bin araf
from
fifty
escrlbed as ex
tending
der, a distance down to Coron--
gara, and up to
the
the accounts were al -o
miles. From r°wYestern mines o
very encouraging. The total export of gold to the 148th
August amounted, at the rate of 655. per ounce, to the
sum of 1,876,9211. 11s.
The Emperor, the Nestor, the
Duke of Wellington, the Narwhal, and 1
the Fatima, had
sailed for London ; the latter had
onboard 18 551", had
of gold. The general state of trade was unaltered.
prices of wool are quoted at from 11d.
to Is.
is. 4d. per lb.;e
tallow, 221. 10s. to 25/. 10s. Freights were as follows:
—Wool, id. to id. per lb.; hides, 20s. to 255. per ton ;
tallow, 355. per ton, and 5 per cent.; oil, 60s. per ton,
pertony
and 5 per cent:; gold, i per cent. Exchange was ti,
cent, discount for bank drafts and private bills, with
produce hypothecated ; 8 per cent. if drawn against tal-
low or wool, and 12 per cent if drawn against gold. The
last quotation of gold wai67e, per ounce.