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

LAW INTELLIGENCE,
COURT OF QUEEN'S BENCH, June 26.
(Sittings bef)ro L-rd CAMPBELL and a Special Jury.)

SPECIAL JURYMEN,

Lord CAMPBELL stated that during the present sitting
the attendance of special jurors had ben extremely un-
satisfactory, but ho had lbstained from fiuii ig them be-
cause) a Bill had passed both Houses of Parliament, to
which ho hoped her Majesty wood give her assent, and
which would place the special jury system upon a more
satisfactory footing.
INCONVENIENCE OF THE COURT.
Lord CAMPBELL also said be 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.

writoofof dr i
tnh
possession
same
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 alternations of heat
remained
theeaommu
saeei
and cold to which this " well ventilated" court is subject.
GREGORY v coTTERELL AND SWIFT AND SLoIsAN.
Mr. Edwin James, Mr. Hugh Hill, and Mr Hawkins,
conducted the case for the plaintiff; Mr. Bramwell and
Mr. Kimpley appeared for the 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 ago a Mr. Baker brought
an action against Mr. Gregory for a subscription which
was alleged $) be due from him towards paying the ex-
pense of the Dublin election. Mr. Gregory defended the
action, on the ground that ho was not liable. A verdict
against him for 1801. Mr. Gre-
gory was then iu Ireland, and before ho could return to
London, on a Saturday
was returned
night an execution was put into
The money was offered to the man in pos-
hsheoisswshilovnue,rB;ut 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
the office of Jones, and paid to the son of Jones, the
g the name of the officer endorsed on
After this payment the officer's
man went out of possession, and Mr. Gregory thought
the matter was at an end. 'After some time, however,
another wiroforinetexosefl:tieiinn execution was put into the plaintiff's
amonuinnet
dbyaySs,loamndand,idannodt
ltehaeveoffiuncetirl
given for the whole sum claimed as due.
aThe o dw
ud
for b t bond
is second execution.
Lord CABIPBELL, in summing up, said that if Mr.
Gregory was not entitled to some recompense our law
wasous very
be defective,h
fie had found an execution in his
h
asked the officer if he would receive the
money; the officer, refused to receive it; but said it must
be paid at the "(tee of Jones, to whom the warrant had
been directed. Mr. Gregory consulced his attorney,
who went to the Office of Jones, and there found his son,
who now called himself Lewis. He paid the money to
that person, and received from him a discharge of the
man in possession. Mr. Gregory had then every reason
to suppose that he had done all that a man honour and
prudence could do, when in came another execution un-
der the same jedgment, and the man remained in nine
days; and for this he brought an action, and sought re-
dress from a jury of his country. It would be strange,
after this, if ,
he Could not obtain that redress; bat the
sheriff said as was not entitled to any redress what-
ever.lt 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?
The Jury said they were divided in opinion on the
question
,ef actual payment to the father.
Lord `-'4I4PDELL then asked whether they thought the
son was authorised by the father to execute the writ, and
afterwards to receive the money?
The arnry•••••No doubt of it.
Lord CAMPBELL—Then gentlemen, do you believe
that the son received the money ?
The Jury......N0 doubt of it.
Lord CAMPBELL—Then I think that will be a sum-
cient ground for your saying that the sheriff received
the money, and that issue will consequently be found
for the plaintia,.
Then, as to Sloman, do you think that
Sloman was present at or authorised the second exe-
cution ?
The JurY---Yea that he authorised it.
Lord CAMPBELL—Then, gentlemen, the only remain-
ing question is to the amount of damages, and that
question is one entirely for your decision. I must say
that this seems to me a very serious case. and I think
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
excessive, bat which is a full and proper compensation
for what I think a very serious case.
Mr. BaaltwELL begged leave to tender a bill of ex-
ceptions to his Lordship's ruling.
Lord CAMPBELL—Very well. I think you might
have left the ease to my Learned Brethren here. But
you will take what course you think fit.
Mr. BRABrwraz felt it his duty to adopt this course.
Lord CAMPBELL—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 endihg
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
we do not think it possible
the power to play tricks with the figures. For
:Priacrogtriwith figures with honour and accuracy,
that
t habit
any
d eynt
three gentlemen, selected for their
should condescend to the arta of the forger and rogue;
party,
dtem suspected in return. The
h
but a very different estimate of public men has prevailed
and therefore we cannot be
most direct test of
employment and credit is the con-
sumption of comforts and luxuries, such as cocoa, coffee,
machin the
surprised Protectionist
sugar, tea, tobacco, spirits, and malt. Of the first of
these the quantity entered for home consumption for the
single mouth ending the sth ult. was 285,7681 b., against
b
291,4401 b. last Year; at for the four months ending
to
fill
the sth ult. the return is 1,264,0951 b., against
1,082,6721 b. last year. Of e,f 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 b, while for the four months ending
those two dates the quantities are 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 our 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
505,272 cwt.; and in the four months ending at those
two dates, 1,900,760 cwt. and 2,174, 354 cwt.; 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 4,283,8841 b ,
4,412,3711 b., and 4,7040921 b.; and in the four months
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
May 5, 1851 and 1852, were 2,192,0411 b. and
2,328,9541 b.; and, is the four months ending at these
dates, 9,074,1861 b. and 9,672,5341 b. The consump-
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 king of " fruits" point rather
to the fluctuations of the supply than of the demand;
but, in general, they shows large increase on the month,
and a slight decrease for this 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 been 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 the
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 large 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. Tne returns
of British exports are satisfactory on the whole. Either
in the one month or in the four months there is anjin-
crease in the export of soda, beer and ale, earthenware,
glass, haberdashery and millinery, leather manufac-
tures, including gloves, linen manufactures, p
I pig iron,
lead, and some other descriptions of metal, salt, she
wool and woollen manufactures. The only
the
important
decrease is in cotton manufactures. The return
s
of
Excise for the quarter ending April 5 are also
an& Ire.
favourable.
no
The whole quantity charged with duty in England,
land and Scotland, whether exported or retained for
home consumption, of malt, was 18,345,444 bushels,
against 17,715,824 bushels
last
year;of soap,
of spirits,
51,242,6451 b., against 49,148.4131 b.
lastyear;
5,928,137 gallons, against 5,693,933 gallons last year;
the only decrease being in the item
April of
5, paper,lBso, the re
turns of which, for the quarter ending
,623111, and
38,806,3171 b. and 1852, being 35,659,4201 b., 39 ,
38,806,3171 b. These figures generally speak for theme
PCITes• Tt is not in the power of any financial gria..