The Sun.
London, England, 1837-01-14 00:00:00

WESTLAKE V. WESTLAKE.

Henry Westlake, a grey-headed west country farmer, the
defendant in this suit, was brought up in custody for his con-
tempt in not putting in his answer.
The VICE-CLIANCELLOIt-Why have you not put in your
answer ?

Defendant—Whoy, I'se rather make it up in another
way, if you plase.—(Laughter.)
The VICE-CHANCELLOL—But that will not do. Are you
too poor

Defendant—l be, Zur. All the things I'd got ha' gave,
zum one way, and zum another. I thought I zho'd ha'
had zutnthincr arter harvest, but they put the overzecrs on
me, and zolSwhat I'd a got.
The VICE-CHANCELLOR—Have you employed any
Solicitor ?
Defendant—No, I ar'nt, Zur.
The VICE-CHANCELLOR—Why don't you ?
Defendant—l don't know. I can hardly move out of
the place. I'sc bad in my leg.—(Laughter.)
The VICE-CHANCELLOR--I am sorry for that ; but are
you so poor that you cannot employ a solicitor ?
Defendant—Why, I 'don't know how to do it, Zur.
They ha' sold every thing I'se possessed of

The VICE-CHANCELLOR—Why does your Solicitor not
go on with the matter ?
Defendant—l never employed any body yet.
The VICE-CHANCELLOR—Have you any property ?
Defendant—Very little.
The VICE-CHANCELLOa—How much do you suppose ?
Defendant—l can't tell ; there is very little 'gin I'se
paid one and another.
The VICE-CHANCELLOR-5001. ?
Defendant—Vivo hundred! God bless'ec, Zur.
The VICE-CHANCELLOR—Well, 100/.
Defendant—No, I can't tell I'se zure—(Laughter) ;
I once 'ad a good many pounds.
The defendant having been sworn by the Registrar as to
whether he was too poor to employ a Solicitor, and having
answered in the affirmative, his Honour directed the usual
order to be made, and the poor old man was escorted out
of the Court by his attendants.

ROLLS' COURT.-(THIS DAY.)

MALINS V. FLETCHER.-JUDGMENT.

This was a bill filed for the specific performunce of an
agreement. The plaintiff being entitled to an estate
called the Rookery, at Woodford, in Essex, employed
Messrs. Ellis and Son, as auctioneers, to sell the same by
auction, in five lots, on the Bth of May, 1834 ; and the
same auctioneers were employed by a Mr. Davis, to sell
for him an estate at Leighton, on the same day, and at
the same place, Garraway's Coffee House. The defend-
ant, a cheesemonger, carrying on business in Southwark,
was a friend of Davis, and having met Davis on the day
preceding the sale, he offered to go and bid for him, which
offer Davis accepted. A meeting was appointed to take
place at the auctioneer's on the following day, at
twelve o'clock, that the defendant might receive in-
structions from the auctioneer ; but the defendant not
arriving at place of meeting till between one and two o'clock,
hurried away to Garraway's, without having received instruc-
tions, fearful that he would be too late to bid for Dlvis. The
defendant arrived at the auction-room while the second lot
of the plaintiff's estate was under sale. Lot 2of the plain-
tiff's estate was bought in, and the auctioneer having de-
scribed lot 3 in terms wholly inapplicable to Davis' estate,
offered it for sale. The defendant went on bidding for it in
a hasty and inconsiderate manner, until he arrived at
1,4001. ; the lot was then knocked down to him, and
the auctioneer declared the property absolutely sold. An
individual present, also employed by Davis to bid for him,
asked the defendant what had induced him to purchase the
lot, to which the defendant replied, it was Davis' property ;
and upon being informed of his mistake, he appeared much
flurried, and said he would speak to the auctioneer. Hav-
ing waited until the sale was over, he informed the auc-
tioneer of his mistake, and refused to sign the contract or
pay the deposit. The auctioneer wrote his name as a
purchaser on a copy of the conditions and particulars of
sale in such a manner as the plaintiff alleged to make the
contract binding on the defendant, and therefore insisted he
was articled to a specific performance.

Lord LANGDALE, in giving judgment this morning, ob-
served, that in cases of specific performance the Court
exercised a sound discretion, and would not in all cases en-
force its jurisdiction. In cases of intoxication, although the
party might not have been drawn into drink, yet, if the
agreement was made while he was in a state of intoxica-
tion, the Court would not decree a specific performance.
After carefully reading over the evidence, his Lordship
was of opinion the defendant had never intended to bid
for the estate ; and if the defendant's conduct had occa-
sioned any loss to the plaintiff, for that he would be an-
swerable, and the plaintiff might sue him for damage ; but
it would not be equitable to compel him to perform the
contract, and therefore the bill must be dismissed without
costs.

DOBSON V. LYALL.—(JUDGMENT.)
In this case, the facts of which were given when the case
was argued, the MASTER of the ROLLS decreed the Bot-
tomry Bond to be void as against the plaintiff, and directed
an account to be taken of what was due to him.

In consequence of the absence of Mr. Kindersley, who is
labouring under an attack of the prevailing influenza, his
Lordship was unable to proceed with the business, and the
Court rose at half-past eleven o'clock.

KING'S BENCH.-(THIS DAY.)

EX PARTE FETHERSTON HAUGH.

The ATTORNEY-GENERAL said he had an application to
make which caused him considerable pain, inasmuch as the
necessity which prompted it showed that justice was not
administered in some of the tribunals in this country in that
way in which all well disposed persons might desire. His
motion was for a certiorari, directed to the Mayor and Jus-
tices of Worcester, commanding them to return into this
Court certain informations taken against Alexander Father-
stonhaugh and Joseph Fctherstonhaugh, on the 14th of
November last. It appeared from the affidavit of Alexan-
der Fetherstonhaugh, that he has resided for eighteen

years and carried on the business of a chemist and drug-
gist in High-street in the city of Worcester, having
during that long period earned and retained the .good-
will and friendship of all his neighbours. The otherper
son, Joseph Fetherstonhaugh was the brother of Alexander.

The CHIEF JUSTICE—From what jurisdiction do you
wish to remove the case ?

The ATTORNEY-GENERAL--The parties on whose be-
half he moved were bound over to answer any indictment
that might be preferred against them in the city of Worces-
ter. The circumstances which led to the present proceed-
ings were these. It appeared that some time previously
Alexander Fetherstonhaugh employed as his attorney and
solicitor in a certain cause a Mr. Holden, and had advanced
him several sums of money on account, for which he re-
ceived vouchers in the usual manner. Subsequently a
meeting was held at the house of Mr. Fetherstonhaugh
for the purpose of settling accounts, and when the items
had been fully gone through, the documents and vouchers
were put into a drawer in the presence of Mr. Holden.
In a few days they were missing, and as no one was
aware where Mr. Fetherstonhaugh placed them but Mr.
Holden, that gentleman was asked about them, and denied
all knowledge of them. Under these circumstances Mr. Hol-
den sent in his bill for fees and disbursements to a considerable
amount, without givir'e the proper credits. On the 14th
of November Mr. A. Fetherstonhaugh went to the house
of Mr. Holden to see him on the subject of his demand.
Holden was then in bed, and until he could dress, Mr.
Fetherstonhaugh was requested to remain in an adjoining
room. While in this room he saw a bundle of papers,
which appeared to be the vouchers and documents respect-
ing the account which he had put into his own drawer, in the
presence of Holden. Holden shortly afterwards came in, and
when he saw the state of matters he appeared abashed, endea-
vouring so to place himself as to cover the bundle. Mr. Fe-
therstonhaugh then gave the bundle of papers to his brother
Joseph to carry them home, which he accordingly did,
Alexander following. On their arrival at their house, it
was found that in the bundle there were two or three other
papers not belonging to them ; these were immediately re-
turned to Holden, who at once obtained a search-Warrant,
and the premises of Mr. Fetherstonhaugh were searched
as for stolen goods. It was stated in the warrant
that several goods and chattels, to wit, certain draft
bills of costs and of cash accounts between Holden and
Fetherstonlinugh, and several agents' bills of costs, and other
papers were stolen, and it authorised a search for the same
in the house of Mr. Fetherstonhaugh, who was absent from
home when the search was made ; and on the 14th of
November he was taken into custody, and brought before
the Magistrates, the Mayor and Recorder of Worcester.
An investigation took place, and the facts now stated were
given in evidence. A charge of felony was brought against
Alexander and Joseph Fetherstonhaugh, and he (the At-
torney-General) was sorry to say that upon that occa-
sion the Mayor and Recorder of Worcester bound over
both brothers to appear to answer a charge of felony, but it
should be stated that the Recorder then expressed himself—.l
beg pardon, my Lords, I am wrong in saying it was the
Recorder—l find it was the stipendiary magistrate of Wor-
cester, Mr. Sidebottom. He said, " I totally acquit Mr.
Alexander Fetherstonhaugh of any intention to defraud, or
of any other guilty knowledge in taking away the accounts,
but I must admit that the return of th other papers does
not purge the felony." And the Mayor said he did not like:the
term felony—that was too strong a word ; but yet he bound
both gentlemen over on a charge of felony. And, indeed,
since the days of Dogberry, there was not heard such
strange conduct in the administration of justice.
The CHIEF JUSTICE—This took place on the 14th of
November, was there not a sessions since ?
The ATTORNEY-GENERAL—The informations are re-
turned to the Assizes. Mr. Fetherstonhaugh has made an
affidavit, stating that a charge of felony having been made
against him, has pressed heavily upon the mind of his wife ;
and the very fact of his being obliged to stand in the felon's
dock, to plead and to hold up his hand in the usual man-
ner, were in themselves a great hardship upon a respectable
citizen, of unimpeachable character. He did not wish to
remove the trial to Gloucester, or to any distant county.
All they required was to have it brought from the city, to
the county, of Worcester.
The CHIEF JUSTICE—Was the charge of felony con-
fined to the bundle of papers ?
The ATTORNEY-GENERAL—Entirely so, my Lord.
The CHIEF JUSTICE—Take your rule.
COURTENAY V. RAPHAEL AND ANOTHER.

This case was tried at the last London Sittings before
the CHIEF JUSTICE. It was an action for breaking and
entering the plaintiff's house on the 3d of June, 1835. The
defendants were Sheriffs of the city of London, and it ap-
peared that an execution having been obtained against
Charles Baker Courtenay, jun., at the suit of a person
named Hart, a writ of
,fieri facia: issued, and, in conse-
quence, the defendants, on the day named in the declara-
tion, entered his father's house, seized all his goods, and re-
mained there for a fortnight, a time longer than was neces-
sary, even supposing the house and the goods therein to belong
to the younger Mr. Courtenay. There were several pleas,
but the chief one stated that the defendants had not stayed
longer than was necessary, upon which the plaintiff now
assigned, and the material question as to the fact of a tres-
pass by reason of remaining too long on the plaintiff's
premises. At the trial it was contended that the assign-
ment of the bons° and goods to the father by the son was
only colourable, and the Jury found a verdict for the de-
fendants.

Mr. ERLE now moved for a rule to show cause why that
verdict should not be set aside and a new trial had upon the
ground stated, namely, that relating to the trespass in re-
maining so long upon the plaintiff's premises.
The COURT thought the Jury had fully decided the en-
tire question, and therefore refused to set aside the verdict.

THE FUNDS.-(THIS DAY.)

CITY, T W ELV E O' CL 0 CK.

Our only arrival this morning is a French mail. There
are two Hamburg mails due. No ship letters received.

THE FUNDS.

Up to the present time little or nothing doing in either
of the Markets, owing to several non-arrivals. The set-
tling of the Consol Account went off well yesterday.
Consols may be quoted at the leaving off price of yester-
day, 89-1 for the Account ex-dividend ; Money, 89 1. Ex-
chequer Bills, 22 24 ; Bonds, 12 14 ; Bank Stock, 2091.
. .

Spanish Active, 241 ; Passive, 6i ; Deferred, 11 j ;
Portuguese, ; Three per Cents, 29i 30 ; Dutch,
53. k 54k.
The news of the deliverance of Bilboa, when received at
Madrid, caused very great excitement. Nothing but shouts
were heard of " Long live Espartero"—" Long live the Na-
tional Guard of Bilboa"--" Long live England ;" but
there were no cries of " Long live France."

The general topic of conversation in the City this morn-
ing entirely' relates to the intercepted letter from Stephens
to Mitchell, at Bayonne, describing the precipitate retreat
and total defeat of the Carlists at Bilboa, in which the
truth came out. The citizens are greatly amused in the
perusal of this important document.
We hear that a great part of the account in the settle•
ment of yesterday remains open, owing to the out-of-the-
House speculators " not coming to the scratch" with the
Brokers.

We just hear of a failure of a Hebrew in the Stock Ex-
change, on a difference of two hundred thousand Consols.

HALFoPAST ONE O'CLOCK-

We have stated above that the failureinth; Stock Ex-
change this morning was on a difference of 200,0001. Con-
sols ; we now find that the Hebrew in question has to pay
12,0001. difference on 400,0001., and has only to meet the
above, 2501. This ought to be a caution in future as to
what kind of characters they admit in the House.
This being pay day for the differences for the settlement
of the account of yesterday, the Brokers and Jobbers ex-
perience great difficulty in receiving the needful.
Consols have been during the morning better for money
than for time. A decline of 4 per cent. was felt. Consols
are at present 89i s for money ; 89i for the Account ;
Exchequer Bills lower, 21 prem. ; India Bonds 12 14 ;
Bank Stock, 2091.
Spanish Active, 2Deferred,l
4f ; Passive, 7i ; 11;
Portuguese, ,2
• Three per Cents., 29i ; Dutch Two-
-471
and-a-Half per Cents., an:
The French mail has arrived, but the letters are not to
be delivered until after 3 o'clock.
THREE O'CLOCK
Consols for the Account, 891

The Duke of Buckingham and Lady Mildmay,
the late patrons of the borough, and Mr. Bingham Baring,
one of the present Members, each transmitted 501. last
week, to the Mayor of Winchester, for the relief of the
poor at this inclement season.
The Italian Opera Company, now performing at the
Theatre Royal, Dublin, are enjoying very considerable pa-
tronage, and nightly attract numerous and elegant audi-
ences ; among whom the Lord Lieutenant and Countess are
almost nightly to be seen.
The sum lately obtained by the Literary Fund So-
ciety, in consequence of a reversionary interest dropping in,
was stated, by some inexcusable blunder, at 2001. instead
of 2,0001.
We understand that the private fortune of the Illus-
trious Consort of his Majesty King Leopold, independently
of her father, is upwards of 30,000/. per annum ; and the
King of the French having given her 20,000/. per annum
more, the Queen's income is 50,0001. a year private fortune.
Earl Mulgrave held his second levee for the season
on Tuesday, which was numerously attended. Among the
company were Earl Fingal], the Rev. Viscount Mountnorris,
Lord Rossmore, Mr. O'Connell, Mr. H. Grattan, Mr. L.
Shie], &c.

The Duke of Wellington left town on Wednesday
night for Stratfieldsaye.

BRIGHTON-FRIDAY.

Her Royal Highness the Duchess continues in a very
precarious state. Her Royal Highness is attended night
and day by Mr. Davis, who, with Sir Matthew Tierney
Sir Henry Halford, have had frequent consultations. Hero
Royal Highness obtained a few hours' sleep last night, and
is a little better this morning.
Her Majesty is, we are happy to say, perfectly conva-
lescent.

Mr. Robert Keate arrived at the Palace, from London,
yesterday evening.
Admiral Sir Robert Otway had an audience of his Ma-
jesty yesterday, on Ins appointment as Commander at
Sheerness.

The dinner invitations yesterday evening were confined to
the Marchioness and Ladies Cornwallis.

His Majesty sat for a miniature to Mr. Newton, this
morning.
Sir Brooke Taylor arrived this morning at the Pavilion.
Names were left this morning by the Marchioness and.
Ladies Cornwallis, Marquis of Bristol, Rear-Admiral Skip-
sey, Colonel Sir G. and Lady Teesdale, and Miss Steuart,
Lieut.-Colonel Greenwood, General Phipps, Vice-Admiral
Sir T. Rodd, &c.