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

COURT OF QUEEN'S BENCH.
''iags at Nisi Pries at Westminster before Lord Camp-
bell and a Special Jury.)
QUEEN V. HAMS', PROBERT, AND WATKINS.
' was an indictment charging the defendants with con-
tj to obtain a cheque for 4 00/. from Mary Ann Broome,
eThPurpose of defeating the ends of justice. t •
Wpcnal commenced yesterday afternoon, and not being
.'
'4detl, when the court rose, was adjourned until this
~%'• A full report of yesterday's proceedings appears
,bether column of The Sun.
4:ealfrosecution was conducted by Mr. Parry and Mr.
tpea c, and Sir A. E. Cockburn and Mr. Hidalestone
k red for Probert ; Mr. Skinner for Hamp, and Mr.
1;lous for Watkins.
btile sitting of the Court this morning Sir A. E.
mn tk
addressed the jury on behalf of Probert. He
f
by Mr. Skinner and Mr. Hawkins, on the
redthe defendants, for whom they respectively ap-
d
4 t r.
araPbell then summed up the evidence, observing
was one of the most important prosecutions that
toth co one
before a jury, as the defendants stood indicted
It cng onspired together to defeat the ends of justice.
I,lllll)Peared that three persons, named Charles Staden,
'iane
kt %e. 8, and John Broome, stood committed for trial
INi.:B!„sPling assizes for Sussex, for having cheated
4elle,;"' 'lamp, at cards, and defrauded him of a sum of
„tr'Dri;' an.(2. Rs
was bound over in his own recognizances
ktlrtl'a ; and the gravamen of the present charge was,
amp and the other three defendants entered into a
alld conspiracy, by which it was arranged that
tiartit" she conspiracy,
not attend as witness against the accused
kokeB,,°ll consideration of his recovering the sum of 4001.
*ire of John Bmoydroome. If the jury were
kry 7 by theevidence which had been adduced that
tet Co
OT.' conspire, it would be their duty to find a ver-
„Nett,gllll Nulty But the weight to be attached to that
41;s" depended on the credit which could be given to
11111chi:1,1c8ses• They were certainly to be considered very
betli C the nature of accomplices, as they all seemed to have
"Ileernetl in these contrivances; yet, if their testimony
Zo citteborated by other evidence, the jury could have
Ileretcl'itY in saying that the charge had been proved.
ec'tild be no doubt that Hamp failed to appear at the
„„that his reco *zances were forfeited, and that
'4qiiae° "aS th d f ted. It was also clear that the
1)44-9 niela erew. drea ea
by Fisher upon a Birmingham
kith had founda its way into the hands of the
wlth trta, and was in some way or other connected
i),tbe e„ 11°4-appearance of Hamp, and the abandonment
le ft,l*Necution. His lordship then went through Jr
4444 "'lance, and said he was of opinion,
againstlills: dee-
-14,4" were grossly perjured, the case e
''qezi"i' was clearly made out. If, however, the jury
Necliced any reasonable doubt of their guilt, they
cones give them the benefit of it.
1114:°
tjtn9 then ref ed to consider their verdict. They
into court when we went to press.

SHERIFF'S COURT.
4411tA, (Before Mr. William Burchell.)
COURT PRACTICE—ABSENCE OF COUNSEL AND
ATTORNEYS.—BINNS V. LUCAS.
4 4 Vtallitiff in this action is an attorney, and defendant
kiiiteatlenian
si Newport, Monmouthshire. The
4" /vas broughtre
tog inecover the sum of 61. 55., the bal-
Olt(lba bill t r
uellta,„*.°binso costs.
ed for the plaintiff, and Mr. G.
litertedxf°l' thne appeared
(who pleaded that he was not
411. i•
4 • tot;
I)3ecl nisoli stated the Il case, and said the business
ad been conducted in 1849, and the:w6relenbaeil_l
Ilnt to 121. 55., but defendant had paid
Ntt Line facts of the case were these :—The defen.ndefantt'es
of",, linfortunately, intermarried with a ma_ a he
1,,,,''4g iarnell, a, clerk or schoolmaster, who had (
wife
4'Perh.." Urn of second marriage. Defendant very
and Protec hisis'
ter as far as the law could protect
v,t•Ner44. ILetan d. the psiltstintiff to indict Parnell at the Cen-
-0,745cl •„.,_'°a-I.lCoe art which was done, and Parnell was con-
-bid • w hat the Count,
would be, he (Mr. Robinson)
di on 11rnlise and the retainer was admittedby the pay-
illlitel3-thaeconne• and the defendant had no right now to
b Vt_w eh mount, as there had been no taxation of the
0.07111*--,'-w might have had if he had thought fit.
'l,ed rain Short clerk to the plaintiff, was then
t'llieere 'elld'a,latw: Proved that he took. the instructions from the
1,,e who signed a written retainer. After this
44111 1.6 two examinations before the magistrate, and
with committed for trial. A brief was given to coun-
4. a fee of 21.25., and 1/. 108. for conference, and.
oro' clerk' fees
11,,qt ta!!'exarain (I.—Was not present at the trial, and could
klat
....M.let.herei3laintiff was there or not. Did not know
ea,"4B m the other Court defending the " Mamaings."
O's ars Were on on the same day. Had to go to plain-
and on his return Parnell had been tried.
,'4l). *-
Zi..sentenced to two months imprisonment. Mr.
' was instructed in Manning's case, and did not
la 4; arnelrEl• uld not say who did, but Mr. Wool-
ine was the brief.
1(14 ili'e°l°,lllens7na solicitor,. was called, and considered
M enlarges were incident to a prosecution of the
t s. bal':.l that the charges were the ordinary charges.
lta„ 'alhau, for the defendant, contended that the plain-
ta.ontitled to recover a single farthing beyond the
,41cT„," had already received. This was an action. for
in Plaintiff had not even been put into
te°l.lb°4ll-44b°,
.shelwB4t9h.at he had done the work he had charged
'ltiire4Zols was one ofthose ca.sesin which the jury ought to
I,e strictest evidence. The law was, that if an attor-
Sdh°hduct the affairs of his client that the client re-
"cef I;;;benefit he could not recover, in this case, although a
.Inns-rt DO doubt been drawn :it had been ven to a
'ova Mao could not attend—in fact, it had not been
4'et, 11014 the case had been conducted at all, but had
.1.„.'44, lefti to its fate. The jury had no right to assume
t7i,t• the
ease had been attended by counsel when neither
etlato—i3c,.' nor his clerk, nor any other person had proved
at e, a fact. He, the learned counsel, would admit
thefit T'iff was in attendance in court on the first day,
tleeehPal did not come on; but if he was not there on
111;'tz be-a' 'lay when it did come on, defendant derived nobseei
tcve titi- Plaintiff could not recover. In the absence o counman
e
the is° would hand down the depositions to a gentle
Oen "at, or, perhaps, get a conviction himself on xrthe
Under these circumstances hee(ther.
4°11t1:21, ) thou ht that the jury could come to no
i4e
fps thana that all the items relating to the brief, and
Tot g to be struck out, and that the 6.1.
chaellt buan covered any legal claim which the plaintiff
,of Lye .had. The learned counsel th_enanauoBteQd..tßhe.
ertts eLwis v. Samuels, 15 Law Journal,
11)," ree,„',,,"'• which it had been held that an attorney
.cculd
t'e 0.4.5.",:er where the b 'ness had not been conducted to
bey of the client.
'Mer-She 'ff said there was no doubt that
.an at-
N4° not only to exercise reasonable skill, but
genrellno; but he was bound to say that an at-
Zll take_,'l9tbound by the negligence of counsel. He
styl he can by preparing the brief, delivering it,
The4tlillg 6 the fees, andwasentitled to recover notwith-
any fo on the part of counsel.
1211 for the jury was, whether the work charged
•
tkt Jttry7, Properly done. If it
.had, he would advise
4tioia giv bill erdict for the plaintiff, subject to the
1,4 of the
4,h,e ett verdictfter consulting about a quarter of an hour
is
Was
for the amount claimed.
" the only case.

4:41114:t.1' MURDER IN TIPPERARY.—The following ac-
KikOra();a brutal murder in the county of Tipperary,
1e,1r,, ih..l the Dublin Saunders ••—" Another victim has
4plktc2.ecordanete with the baneful system of ' agrarian
4110th-'' Tipperary is again disgraced by the, commission
theyr-,er brutal murder, perpetrated under circumstances
-7%.atrom
b 4 1 --tY• In this instance the sufferer is ne
\tv-q reside Udlord. nor agent, but a peasant named.. Hogan,
bila iaoil near Busherstown, in this county, but on
154',°Raa Illetß of the King's county. It appears
permitted
loil‘l'. ,th '," alker, the agent of the propert, to continue
had of bll:Ilse; and to get what he could for the ` good
ftt _treed Place. In consequence of this permission he
the °lir, a-with a person named Kenny to resign in
.his
1,4ai1, neJect to the approval of the agent, on receiving
plk/1.,1ag e°4{:ll-0/•, to which Kenny assented, but subsequently
t;1'.1.1`4 b-eaveured to obtain the possession of it without
•-'4licat'a Blurt agreed upon, Hogan, to use the common
'bi„ h x,,,. °I the neighbours, dealt' with another man. and
i 4 Intl, daredl to darss'o is assigned as , the cause of
)1-' 1141. 11,7r* -A- rt oc
nsisting of about ten men, all
tight.
w(),,„l,.were Parma armed consisting of about ten men, all
es-c as-flle attacked his house on Monday
luleffact.-% and beat him in a most savage manner, from
c.a.:' -A; °' which he languished and died on. Friday night
' 'elleic44lquest was held on the following day, when the
tti'lt'ilfej ',.,nrY returned the verdict usual in all such cases,
Rl:l,e efti3Oerder against some persons unknotvacn
injures
14 d- Nel, deeaseclis in so delicate a state,
from
e'la and the effects of the fright, that mth:tilt
thefr
thislife
lie age ,e`.l,ef ; so that in all probability the re.
%Teeter -1/,' end in the loss of at least. two. lives. ot.Suebly-
WDloyedltergan and the police of his district are actively
of
IC4 1341)111 endeavouring to trace out the e
filwho us murder. Strong
~)... try,l ..„, ,
aon the day
suspicion attaches to
4,0 e ace. Rates that he never left his houset _ 0
was
seen
V illitt lirrenee • but it has been proved tha h T .
" g that day With a large party in the village of oom
00.4.1, ~,
•
Zbtetarn DUTIES TO THE CITY of LONDON. Yesterdayt.o.
eieg,4lltyPerferenred by Sir B. Hall, was printed, respecting
Lc,'" Ca of re
per ton payable to the Corporationo
lasteclat, Y f London on coals brought into the port I , ..,, • The
4.,,i,tio,,e,arar, 54a auitM.Bsidsus.tyBdi.n IThB36erweaßam44eargLeft4s(ingtdhs.e'llaocanwl:
il eafi to
co Wbaek on coals exported, and retiring.
f eh
-411 Y 11 nn,,al In, eters. The deductions were in the whole
},°''Pen 1-"`". ioonBsl. The above-mentioned duty of
11-4100
0-cfei.per ton coals being the property of the CodrarPe-
ttak 0 London the balance, after the payment of draw-
he 4 teals ex 4
Rtreeetera, ~... ll'ec fl, salaries for collect allowance to
lo
' set apart for
the
ounproverawlentlalaiigse 20,900/. per
carried tothaenlieneral account of
tvetillneration' and applied by them in aid of municipal
to,al eo.:‘, administration of justice at the Central Cri-
ef4:o'ol.paltaonttihoeoirliateprurpneaolargoe:esoefanhPirree.ssponeA mofagvinistimch ythePt!?unliedee,
4tteetTLY'S AMP
kellt I°4 ef. th lIITIIEATRE.—We beg to call the
14_ of th e bepoevolent.and humane to the announce-
wide of e entertain
vvido (Mond \ ments to take place here on the even-
kr. W and faen:
lthe lith. They are for the benefit of the
whonla ..„e 1y of the late Mr. T. Thompson, who was
privy it, 04. ars stage manager of the establishment, and
4 , 4-1.,' andstory
t. 4) , '" NMI.%
ast. other position in life, as well by his
hi, ,a eXten,i nlB public talents, had endeared himself
't whii ve circle of admiring friends, but who lately,
talPii e Yet in th • tot 1 % leavin ? prime of life, fell a victim to pa-
-014 ly 1,,,,,_ 0 g a widow and youthful family, who are
oieet knivr,mvuled for, to mourn their bereavement. The
eeatZestly B4i14111):on has in view, and to effect which we
l'enieejitl4l; frern the co-operation
toiltstli3eonlelszevtoolesnA,uips toi
exigton,se
,Way of business, and thus secure the means of
tr,thi, lici(4Zreniheerlelf and helpless children. . Irrespective
will of the ILL, which surely should untie the purse -.. ba of _ affluent, the entertainments of the evening
relling
into rst. novel, varied, and interesting character,
-,„.Rurae, `'°,,
.ousition the entire strength and unlimited
"1-atthew °lBatty's splendid establishment. Tom
iloaq that,' the celebrated clown, will also on that night,
7eral 00,,;_naglit. ?ply, nuke his appearance, and sing se-''''' Pi:T(llu oongs.