The Sun.
London, England, 1830-05-31 00:00:00

LAW INTILLLIGENCS.-(THIS DAY).

COURT OF EXCHEQUER.
LEWIS'S TOPOGRAPHICAL DICTIONARY.-LEWIS AND

OTHERS V. PARKINS.

The plaintiffs in this case are the proprietors and
publishers of a work called Lewis's Topographical Dictio-
nary. The defendant was employed by them for the pur-
pose of collecting subscriptions fir that work. By an
agreement entered into between the parties the defendant
was to receive lOs. for every large copy he sold, and 7s.
for the smaller ones. A formula was for this purpose
printed, in order that subscribers might insert their names
therein. Several of these were given to the defendant, who had
obtained a great number of subscribers. At the latter end
(if the last year there vvas a balance due to the defendant from
the plaintiffs of 311. Os. 3d., at which period an action
was tried against the defendant in the Sheriff's Court,
where a verdict passed against him ; the plaintiffs were
bail for him, and pail his costs, to the amount of
31/. Is. 6d., being ls. 3d. more than ,vas his due. The
defendant refuse.] to give up his book containing the names
of the subscribers, notwithstanding a written notice was.
served upon him by the plaintiffs for that purpose. And
the present action of trover was brought to recover pos-
session of them. The defendant pleaded the general issue.
Since the delivery of the notice the defendant had been
calling on the subscribers, soliciting them to subsci ibe
five shillings each towards defending any action which
might be brought against any person who refused to take
the work, representing the work to them as a mere take in.
The witness called proved these facts.
Mr. RICHARDS on the part of the defendant, made a
preliminary objection to the form of the action, observing,
that be considered it ought to have been an action on the
case, as there was no proof that the books in the possession
of the defendant were the plaintiff's property.
The LORD CHIEF BARON overruled this objection, ob-
serving that he thought Mr. Richards had better address
the Jury.

Mr. RICHARDS then addressed the Jury for the defendant.
He should prove that his client had a lien on the books for
the amount of commission on subscriptions obtained at
Oxford, and also that there was a sum of 36/. 6s. due to
the defendant for extra payments on the London subscrip-
tions; the defendant had rendered an account of this to
the plaintiffs, which they did not deny. The Learned
Counsel then called Mr. Ewins, a certificated convey.
ancer, who proved that he had ahewn a copy of the ac-
count to Mr. Lewis, who referred him to his solicitor.
Mr. JEavisreplied.

The LORD CislEr Bailor( summed up, and the Jury
found a verdict for the plaintiff,—Damages 5001., subject
to be reduced to ls. on the delivery of the books.
Mr. JERVIS and Mr. GODSON appeared as Counsel for
the plaintiff.

OLD BAILEY SESSIONS.-(THIS DAY.)

OLD COURT.

John King was indicted for stealing in the dwelling..
house of John Kingston a gold ring and various other
articles, the property of Ann Kingston.
The prosecutrix stated that she lived with her brother,
at a public-house in Holloway. On the 17th of May the
prisoner slept there, and when he was leaving the house
next morning her suspicions were excited, in consequence
of his carrying a bundle; she insisted upon knowing be-
fore he left the house what it contained ; he objected ; a
police officer was therefore called in, and on examining the
bundle it was found to contain the articles named in the
indictment, which the prisoner had abstracted from some
drawers by mean" of skeleton keys, a great number of which,
of all sizes and descriptions, were found on his person.
The Jury immediately found the prisoner Guilty.
Charles Cullent, aged 27, and Ann Cullent, his
wife, were capitally indicted for having traitorously and
feloniously coined and counterfeited twelve sixpences to
resemble the current coin of the realm.

Mr. SCARLETT, in stating the case for the prosecution,
said the crime with which the prisoners were charged was
considered of so serious a nature, that a married weman
(contrary to all other cases of felony) could not plead that
she was acting under the direction of her husband. The
law made no allowance in cases of coining, and both alike
were amenable. In early periods of our history the
offence was one of high treason, and on conviction pu-
nished as such ; but if a conviction in the present case
was to take place, he did not suppose that the full sen-
tence of the law would be carried into effect.

Mr. C. PHILLIPS (counsel for the prisoners).—Really,
my Lord, I must object to this kind of opening a case.
What right has my Learned Friend to allude to the proba-
bility or improbability of a capital punishment? The
prisoners are charged with a capital offence; and he ought
to know that where convictions have followed, it has been
no long time since that culprits have been dragged on a
hurdle to the gallows. Besides, my Lord, what right
have Counsel to anticipate whether or not his Majesty
may be advised to extend his mercy in any case?
Mr. Justice LITTLEDALr. —,YOU are quite right, Mr.
Phillips. Mr. Scarlett is c•2rtainly irregular, and must
refrain from such a course.

Mr. SCA ALETT--I must submit, my Lord. I will
therefore state the facts of the case ; but, before I do so, I
will allude to the probable defence the prisoners will set up.
Mr. C. PalLLlrs—.You cannot do any such thing. It
is your duty to state the facts, and not to speculate on
what defence may be set up : it is quite irregular,
Mr. Justice LITTLEDALZ—Mr. Scarlett, you certainly
have no right to anticipate or allude to the defence.
Mr. SCA lILETT then proceeded to stato the facts ; but,
before long, he made some observations, when
Mr. PHILLIPS again interposed, and begged the Court
would stop such irregularity.
Mr. Justice Littledale and Mr. Baron Vaughan con-
sulted for a short time, after which,
Mr. Justice LITTLEDALE said, the Learned Counsel
(Mr. Scarlett) bad pursued a mistaken course, and one
that the Court could not allow. He must confine himself
strictly to the facts of the easel
Mr. PHILLIPS—Never, my Lord, was there such an
opening heard in a court of justice ; and if it had been al-
lowed by your Lordship, I should certainly have thrown up
my brief, and left the unfortunate pet sons at the bar in the
hands of the Court. Unless I had been allowed, contrary
to all practice, to reply.
Mr. Justice LITTLE:DALE —Mr. Scarlett will not again
reason on the case, or the defence, but proceed at once to
the facts.

Mr. PHILLIPS—I am vite willing to show him my
brief. _ .._

Mr. SCARLETT-.-I Will I r.o more, but at once call my
witnesses.

The trial then proceeded,—the facts of which were of
the ordinary kind, not posstssuig any feature of public in-
terest, and was not concluded when our Reporter left the
Court.