The Sun.
London, England, 1839-11-30 00:00:00

LAW INTELLIGENCE.

COURT OF EXCHEQUER. Nov. 29

TIE ATTORNEY-GENERAL V. OLIVER-SPECIAL JURY.

This was an information filed against Alfred Oliver,
of Hull, soap manufacturer, for having in Dec. mber
1838, concealed a quantity of soap, in:order to avoid the
payment of the duty, whereby he had incurred a penalty
of 500/. ; also charging him with having on his premises.
an unentered place, whereby he had rendered himself
liable to a penalty of 2001. ; and a third count charged
him with another offence, the penalty for which
was 1001.
Mr. Juivis (with whom was Mr. KING) stated the
case to the Jury, remarking that it would greatly rest
on the testimony of an accomplice, who, however, would
be confirmed in the most material parts of the case.
The quantity of soap found on the premises and seized
was 3,9401b5.
Several witnesses were then examined in support of
the statement of the Learned Gentleman, and amongst
the rest a person named Lidgard, who was in the em-
ploy of the father of the defendant, and who admitted
on cross examination by Mr. Baines (who appeared on
behalf of the defendant), that he had several times stated
that the information given by him to the officers was
false, and that he had laid it because some offence bad
been given him by Mr. Oliver, sen.
Mr. BAINES was proceeding to address the Jury,
when he was stopped by
Lord ABINGER, who said that the charges principally
rested on the evidence of Lidgard, and from what he
could collect of the opinions of the Jury he believed they
did not give the least credit to him

Mr. Jutvis, after this intimation, said he would not
press the case, his object only being to arrive at the
truth, and a verdict was taken for the defendant.

COURT OF COMMON PLEAS, Nov. 29.
(Sittings at Nisi Prius before the Lord Chief Justice
TYNDAL and a Special Jury.)

WHITEHEAD V. BARRON-JOINT STOCK COMPANIES,

This was an action to recover the sum of 5241., the
value of certain engines and iron-work delivered by
plaintiff to a Company of which the defendant had been
a shareholder.

Mr„elly was for the plaintiff ; Sir F. Pollock, Mr.
Sergeant Goulburn, and Mr. Richards for the defendant.
(At least these latter gentlemen occasionally aided Sir
Frederick with advice and suggestions ; we do not think
they were, however, retained, and rather conclude they
took some interest in the defendant's situation.)
On the part of the plaintiff it was proved that the
defendant had been a shareholder in a speculation
started in May 18.'36, under the imposing title of the
" United Kingdom Beet-root Sugar Manufacturing
Company," and that in September the same year the
Secretary of the Company had written to the plaintiff
desiring them to send the works in question, which it
appeared from the invoices put in , evidence, had been
about the same time delivered, and it was further proved
that defendant had been at one time to the works, and
expressed a hope that they would succeed.
Sir F. POLLOCK then made a splendid address to
the Jury on behalf of the defendant. He said, when
an action was brought to recover a large sum of money
for expences incurred by a Joint Stock Company
against an individual shareholder, the Jury would do
well to look narrowly at the circumstances. Now, in
the present case, the action was evidently not the ac-
tion of the plaintiff on the record, Mr. Whitehead, but
of the Directors of this " United Kingdom Beet Root
Sugar Manufacturing Company." How was it that of
the many wealthy gentlemen whose names were put on
the prospectus, inducing Mr. Alderman Humphries,
how was it that of all the rich Directors, in this magni-
ficent Company, none could he find to sue for such an
expenditure, but poor Mr. Barron, of Oxford-streeti?
Doubtless, when Mr. Whitehead had been applied to
for these splendid works, he would not have been satis-
fied with the high-sounding name of the " United King-
dom Beet Root Sugar Manufacturing Company."—
" Stuff!" he would say—" Give me a responsible name ;
tell me of somebody I can sue." " Oh," they might
say, " there is Mr. Barron, you can sue him—we are
all well able to pay if you sue us—but you must not
—you must leave us and our abundance—and take the
one—only lamb, of Mr.Barron."—(Laughter.) "Well,"
but Mr. Whitehead would reply, " that is hardly
honest—that is scarcely fair—suppose now—(I'll
have nothing to do with the affair)—suppose
now, you bring the action in my name ; and, as Yours
is to be the profit, why your's shall be all the trouble."
That was no doubt the history of this action—in no
other way could it be accounted for, that Mr. White-
head had not sued the parties he had contracted with ;
and the supposition was confirmed by its having come
out upon the trial, that some of the Directors had di-
rected their Secretary to deliver up to the plaintiff all
the documents that could assist his claim against Mr.
Barron. Were he (Sir Frederick) to characterize
the transaction as he felt of it, he should use a strength
of expression not proper for a court of justice. He
would only call it a manceuvre, an arrangement, not a
swindle, a trick, a fraud.—(Laughter.) Greatly was
the injustice of this transaction increasr d by the fact that
whereas, whe❑ Mr.l3arron had joined the Company, the
flaming prospectus set forth that it was to consist
of 10,000 shares of 251. each, the Directors
had commenced heavy expenses with only 1,200
or 1,400 shares taken. And then, when Mr.
Barron declined paying any further calls, and the
Directors threatened him with giving up his name to a
formidable creditor, and encouraging an action against
him, would it not have been natural for Mr. Barron to
reply—" Gentlemen, I am astonished at the audacious
dishonesty of your threat ; I am astounded that after
deluding me into joining your speculation, under the as-
surance that there would be 10,000 shares, and a capi-
tal of 250,000/., you should now treacherously throw
upon me the burden of an expensive experiment
which you began, with a capital of oniy 3,000/.'
'That the Jury would aid these men, in so pick-
ing Mr. Barron's pocket, he (Sir Frederick) had
no apprehension. Should they find against him,
his client would leave that Court a ruined man. But
the Jury would act upon those great principles of jus-
tice, honour, and equity, which were the best and
strongest ties by which the social framework could
be bound together—they would see the real nature of
the present action, and evince their sense of it. by re-
turning their verdict for the defendant.
The LORD CHIEF JUSTICE put it to the Jury to say
whether they believed that, when the order for these
engines was given the defendant was a shareholder
He became a shareholder in May, the engines were de-
livered in September. The Jury would judge whether
it was likely that works of so extensive and complicated
a nature could have been then finished, unless they had
been commenced earlier than May.
The Jury instantly found fur the defendant.
The LORD CHIEF JUSTlCE—Gentlemen, your ver-
(bet is quite correct upon the evidence, and I trust it
will serve as a warning to Directors not to hold out
'promises which they cannot fulfil, and to tradesmen, not
to execute orders without distinctly knowing who is to
pay them.

The verdict gave general satisfaction, and an audible
murmur of applause ran through a crowded Court at
the conclusion of the Lord Chief Justice's remarks.

CENTRAL CRI3III4A.L COURT.

OLD COURT.

(Continued from our Journal of yesterday.)
Before Mr. Baron 13ARKE and Mr. Justice BOSANQUET.
MURDER OF A WIFE BY HER HUSBAND.-IVilliain
Lees was placed at the bar, charged with the wilful
murder of his wife, Elizabeth Lees, in the parish of
St. George's in the list, on the 18th of November
List. The prisoner appeared quite unmoved, and looked
abotii the Court as it he had been a mere spectator.
Henry Berricott was at the Golden Lion on the day
in question. SAW prisoner, Stow; and Stables there
from half-past two to three.

W. Cooke—ls a policeman, and took prisoner into
custody.
Mr. F. B. Garrett is a surgeon, living at No. 3,
New-road, St. George's-in-the-East. Saw deceased on
Monday, 18th inst., about half-past two. Went to her
house in consequence of a message he had received.
Found deceased in a nervous state, and she had two
distinct hysterical attacks as though she had been pre-
viously excited. She was sober and rational. Each at-
tack lasted three or four minutes. They would
arise from any exciting causes. Sbe soon re-
covered. Mr. Corey's brother brought some medicine.
Witness inquired the composition of the medicine by her
desire. It was of a soothing nature. Saw nothing in
her conduct to denote that it would be unsafe to leave
her by herself, or any thing to show that she was not
self-possessed. Witness was with her in the:shop a quar-
ter of an hour. There was no rope suspended there at
that time. It could not have escaped his attention had
it been there. Prisoner came in whilst witness was
there. He had been drinking. Observed nothing
beyond that about him. Left prisoner, deceased,
and Mr. Corey's brother in the shop. After witness got
home he received a message from the inspector of police.
About half-past five he went to deceased's residence,
and found several persons there. Saw the body of the
deceased at the foot of the stair, with her face towards
the door, her knees drawn up, and her left arm under
her body. On her face and neck witness found eight
wounds, all except one incised, that one seemed a
punctured wound. The largest, deepest, and most im-
portant was on the left side of the neck—
it was four inches in length and two inches in depth
at the centre. All the principal arteries of the left
side of the neck, with the veins and nerves, were com-
pletely divided. The windpipe was severed through,
with the exception of a small portion at the posterior
part. This wound was one from which death must
htaye ensued in a very short time—in a quarter of an
our. The deceased was a slight spare woman. Im-
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