The Sun.
London, England, 1852-06-28 00:00:00

MONDAY

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, June 26.
(Sittings before Lord (AMPI3ELL and a Special Jury.)

SPECIAL JUR YMEN.

Lord CAMPBELL stated that during the present sitting
the attendance of special jurors had been extremely un-
satisfactory, but he had abstained from fining them be-
cause a Bill had passed both Houses of Parliament, to
which ho hoped her Majesty would give her assent, and
which would place the special jury system upon a more
satisfactory footing.

- INCONVENIENCE OF THE COURT.
Lord CAMPBELL also said he wished, among other legal
improvements, they would have a court in which they
could sit without inconvenience, and without suffering to
their health. He himself had suffered very much during
a late trial, and he feared there were others who suffered
also. It was most lamentable.
His Lordship, as was noticed in the House of Lords
last night, was very hoarse, a mischief occasioned, per-
haps, partly by the fatigue of the Achilli trial; but
partly also by the strange and trying alter nations of heat
and cold to which this " well ven'ilated" court is subject.
GREGORY V COTTERELL AND SWIFT AND SLONAN.
Mconducted the case for the plaintiff; Mr. Bramwell and
Mr. Irittni;cpiwi
leya James,appear airfedollrugthhelliSH; and Mr. Hawkins,
Sheriffs; and Mr. M.
Chambers and Mr. Hance for Sloman, the officer.
It appeared from the testimony of Mr. Gregory and
other witnesses that some time ego a Mr. Baker brought
an action against Mr. Gregory for a subscription which
was alleged to bo due from him towards paying the ex-
pense of the Dublin election. Mr. Gregory defended the
action, on the ground that he was not liable. A verdict
however, was returned against him for 1801. Mr. Gre-
gory was then in Ireland, and before he could return to
London, on a Saturday night an execution was put into
his house. The money was offered to the man in pos-
session, but whether because it chiefly
consisted of Irish
notes, or because he thought he had no authority to do
more than remain in possession, he declined to receive it,
and told Mr. Gregory that it must be paid at Jones's
office. On the following Monday morning, the 16th of
February, the sum of 2701, for debt and costs was paid at
thea office
ofc e
Jones of Jones, and paid to the son of Jones, the
m
the name of the officer endorsed on
the writ of execution. After this payment the officer's
man went out of possession, and Mr. Gregory thought
the matter was at an
nbeing
end. After some time, however,
another writ of execution was put into the plaintiff's
house for the same amount by Sloman, and the officer
remained in possession nine days, and did not leave until
a bond was given for the whole sum claimed as due.
The present action was then brought to recover damages
for this second execution,
Lord CAMPBELL, in summing up, said that if Mr.
Gregory was not entitled to some recompense our law
was very defective. He had found an execution in his
house; he had asked the officer if he would receive the
money; the officer refused to receive it; but said it must
be paid at the office of Jones, to whom the warrant had
been directed. Mr. Gregory consulted his attorney,
who went to the office of Jones, and there found his son,
who now called himself Lewis. He paid the money to
person,o ssession. Mr. Gregory had then every reason
and received from him a discharge of the
nittohaasntliPPese that he had done all that a man honour and
prudence could do, when in came another execution tin.-
lodgment, and the man remained in nine
this he brought an action, and sought re-
dddareissts;h;aronstn
mdefir jury of his country. It would be strange,
after this, if he could not obtain that redress; but the
sheriff said he Was not entitled to any redress what-
ever. It was said, first, that the son did not pay over
the money to the father; and as that was put forward
as a point of defence, he would first ask their opinion
whether they thought
the son had paid the money over
to the father?
said they were divided in opinion on the
question of actual payment to the father.
Lord The j
euer eItELL then asked whether they thought the
SOB Was authorised by the father to execute the writ, and
afterwards to receive the money?
The
that the
ju
son 7--
received the money ?
xpllNEoLdry_Tubtboefait.
Lord Cagentlemen, do you believe
The
Jury—No doubt of it.
Lord CABIPBELL—Then I think that will be a snm-
cient ground for your saying that the sheriff received
the money, and that issue will consequently be found
for the plaintiff. Then, as to Sloman, do you think that
Sloman was present at or authorised the second exe-
cution ?

LTohreic rnuaryx—yEeLsL,
that he authorised it.
—Then, gentlemen, the only remain-
ing question is to the amount of damages, and that
cluaetsttihonis is one
oenle entirelytomea veryfo seriousdecision.ryourcase. and lin
Imustthsayk
not only that the property but that the liberty of the
subject is at stake if these things are permitted. You
will give as damages a sum which is not intemperate or
xor c
) but which is a full and proper compensation
t his Lordship's ruling-
Io
think a very serious case.
efMewsrs-h iavBteRAMwELL begged leave to tender a bill of ex-
ceptionso43lPßELL—Very well. I think you might
e case to my Learned Brethren here. But
y
take
t what course you think fit.
hoaMvurje°7 I.7dlflt h
BRAIuwELL felt it his duty to adopt this course.
Lord CampnELL—And in the meantime Mr. Gregory
may remain out of his money for years.
The Jury then gave a verdict for the plaintiff—Da-
mages, 4001.

SPIRIT of the PUBLIC JOURNALS.
TlMES.—After the ample justice done to the trade
returns of the last ten years by the present Chancellor
of the Exchequer, all that we have now to do is to point
out that the last published returns, for the month ending
May 5, show that the prosperity so candidly acknow-
ledged by that " enlightened" Minister, as we may now
venture to call him, is still on the increase. The re-
turns have been unaccountably delayed, and, as some of
the widest mouthpieces of the Protectionist party have
been in the habit of asserting that the returns of the
Board of Trade were " cooked" or " made pleasant" to
the taste of Free-traders, there were some who suspected
that the present returns had been consigned to some
Protectionist cuisine, with a view to extract the objec-
tionable flavour. We do not recognise, however,
any symptoms of such a treatment, and must, there-
fore, conclude that the present Board of Trade is
quite satisfied with at least the form and manner
of these returns, and has either not the wish or not
the power to play tricks with the figures. For
our own part, we do not think it possible
that any two or three gentlemen, selected for their
habit of dealing with figures with honour and accuracy,
should condescend to the arts of th© forger and rogue;
but a very different estimate of public men has prevailed
in the Protectionist party, and therefore we cannot be
mach surprised to find them suspected in return. The
moat direct teat of employment and credit is the con-
sumptionand luxuries, such as cocoa, coffee,
sugar, t e of,
tobacco,
spirits, and malt. Of the first of
these the quantity entered for home consumption for the
comforts
single month ending the sth ult. was 285,7681 b., against
291,4401 b, lest year; but for the four months ending
the sth ult, the return is 1.264,0951 b., against
1,082,6721 b. last year. Of coffee, the quantities entered
for home consumption in the month ending May 5,
1851 and 1852, are respectively 4,059,8281 b. and
2,763,8971 h , while fur the four months ending
those two dates the quantities aro 10,591,7271 b. and
11,412,4611 b., showing a considerable increase for
this year as compared with the last. As all
coffee, of whatever growth, is now charged a
uniform duty, it is impossible to separate British from
foreign, even if oar present purpose required the dis-
tinction. The total of British and foreign sugar, unre-
fined, entered for home consumption in the single month
ending May 5, 1851 and 1852, was 456,431 cwt. and
505,274 cwt.; and in the four months ending at those
two dates, 1,900,760 cwt. and 2,174, 354 cast.; thus
showing a decided improvement both in the larger and
in the smaller period of comparison. In tea the quanti-
ties entered for home consumption in the month ending
May ,5, 1850. 1851, and 1852 are 4,2838841 b
4,412,3711 h., and 4,704 months
ending and in the four
ending at these dates, 16,529,0051 b., 17,470,4381 b., and
18,587,8051 b. Of tobacco unmanufactured the quanti-
ties entered for home consumption in the months ending
M 3
8;958
5, 1851 and 1852, were 2,192,0411 b. and
2,41 b.; and i
41 the four months ending at these
dates, 9,074,1861 b, and 9,672,5341 b. The oonsump-
tion of foreign sPirits is decidedly on the increase,
as shown by the returns both for the one month
and for the four months. The returns of the con-
sumption of different kinds of " fruits" point rather
to the fluctuations of the supply than of the demand;
but, in general, they show a large increase on the month,
and a slight decrease for the four months, probably owing
to the great prevalence of-easterly winds in the early
part of the year. In nearly every kind of spice there
is a great increase, both for one month and for the four
months. After comforts and luxuries, the two chief
heads of imports are, first, articles of food entering into
competition with domestic produce, and, secondly, the
raw material of
our manufactures. With regard to the
first, there has h.
en a great decline in the importation of
wheat, barley, and oats; a large increase in beans; and
no considerable change in other grain or in meal. There
is a considerable decline in the importation of potatoes,
and of most items of " provisions," which would seem
to indicate that the competition encountered by the
British agriculturist is becoming less severe. In tho
materials of manufactures the returns are very
various, and have generally been anticipated by
our own reports from the great seats of trade.
Of cotton wool the quantities imported in the month
ending May 5, 1851 and 1852, were 601,794 cwt. and
971,131 cwt.; and in the four months ending at these
dates 2,154,013 cwt. and 2,428,412 cwt. Of sheep and
lambs wool there is a large increase for the month, and
a decrease for the four months. In other raw materials
the fluctuations appear to be of an accidental character,
but indicate, on the whole, an increasing demand. In
all descriptions of timber there is a largo increase, as
might be anticipated, from the vast amount of building
we see on all sides. It is observable also that the increase
is greater in British than in foreign timber. The returns
of British exports are satisfactory on the whole. Either.
in the one month or in the four months there is an; me
crease in the export of soda, beer and ale, earthenware,
glass, haberdashery and millinery, leather manufac-
tures, including gleees, linen manufactures, pig iron,
lead, and some other descriptions of metal, salt, sheeap'st
wool and woollen manufactures. The only important
decrease is in cotton manufactures. The returns ofa_ the
Excise h
Excise for tho quarter ending April 5 are also favourable.
Ire-
vour bl
The whole quantity charged with duty
inEngland,ined for
Ire-
land and Scotland, whether exported ors retained
bushels,
home consumption,
of malt, was 18,34 ,4
of
soap,
against 17,715,824 bushels last year;
of spirits,
gallons 51,242,8451 b., against 49,148,4131 b. last year;
5,928,137 gallons, against 5,693,933 last year;
.
the only decrease being in the item of paper, the re.
twee of whieb, for the quarter ending April 5, 1850
1851, and 1852, being 35,659,4201 b 39,796,6231 b., and
38,806,3171 b. These figures generally speak for them-
selves, It is not iu the power of any financial pm-