The Sun.
London, England, 1839-11-15 00:00:00

THE QUEEN V, BAYLEY.

In this case, two or three days ago, Mr. NEWTON
applied for an attachment against Mr. John Bayley,
Clerk to the Northern Assizes, for contempt in not
having made a return to the Court, his excuse being
that his fees bad not been paid.

COURT OF EXCHEQUER, Nov. 14.
(Sittings in Banco.)
HIBBLEWHITE V. IIeMORINE.

This was an action in which Mr. Alexander ob-
tained a rule nisi for a new trial early in the term.
Mr. Baron GURNEY now read over his notes of the
trial, from which it appeared that the parties were
Stock and Share Brokers, residing in Liverpool. In Sept.,
1838, the plaintiff contracted to sell the defendant fifty
shares of the Brighton Railway Company, to be deli-
vered at par, on the Ist of March, or before if called
for by the defendant, the plaintiff to make a legal trans-
fer of them. In the month of December, the plaintiff
entered into a contract with a person named Pritchard
to purchase from him 100 shares in the said Company.
Pritchard gave him the Scrip for such shares, and, on
the Ist of March, plaintiff sent his clerk with the
. .

transfer of 50 shares .to the defendant, but he refused
to accept of them. The plaintiff sold them in a few
days, at a discount of Si. 2s. 6d. per share, and be
brought his action for the loss sustained by such re-
sale. The jury found for the plaintiff.
Mr. CRESSWELL contended that there were no
grounds for disturbing the verdict. The rule, he un-
derstood, had been moved upon the ground that the
plaintiff, upon the Ist of March, was rat in a situation
to make a legal transfer of the shares, inasmuch as he
had not obtained such a transfer from Pritchard as

enabled him to appear in the books of the Company as
a proprietor of the shares. The Learned Gentleman
contended that the offer of the transfer from Pritchard,
was a legal tender, because the defendant, by going
with those documents, and paying the calls due upon
the shares, would have had the shares immediately
transferred to his own name. The plaintiff might have
done so, but it was a matter of arrangement amongst
them that the plaintiff was not to pay the last call that
was made. He was, to all intents and purposes, the
proprietor of the shares from the time he made the pur-
chase from Pritchard, until he offered them to the de-
fendant, at which time, therefore, he had a perfect right
and power to make a legal transfer of them.
Mr. COWLING followed on the same side.
Mr. ALEXANDER (with whom was Mr. TOMLIN-
SON) supported the rule. The contract made it re-
quisite that the plaintiff should be ready and willing to
make a legal transfer of the shares on the day on which
the contract was to be completed. In order to do that
the plaintiff's broker calls and offers a transfer, not of
shares in his own name, but a certificate of shares in
the name of Pritchard, there being nothing on the face
of it to show to whom they had been transferred by
, Pritchard, as they were merely printed certificates with
Pritchard's name. That, he contended, was no legal ten-
der of a legal transfer of the shares, for until the whole of
a
the calls had been paid up, no transfer could be made in
the books of the Company. The Act of Parliament
framing the Company required that certain forms should
take place before any person could become one,,
of
ndth ae
proprietors. All calls must have been paid up,
regular transfer must take place in the Company's book
before the purchaser had any right to the profits of the
Company, and before he could vote or do anything else
in regard of them. Now in this case not one of those
things had been done. Calls were due on the shares,
and they all remained in the books in the name of
Pritchard. If he should fail on all other grounds, he
submitted that the verdict ought to be entered for the
defendant, on the ground that according to the 157th sec-
tion of the Brighton Railway Act, Pritchard had no
power to sell or make any transfer of the shares, a call
being then due upon them.
After hearing Counsel at very great length,
The COURT said, as the case was one of very consider-
able importance, and as it would be likely to affect a great
many contracts, they would take time to consider it, and
give a formal judgment upon it.
newCotruinaslse,lthneoct Gbueritngrorseea
adtyhtaolf-ppraoscteetdwowoi.tchlocthke, other

WESTMINSTER, COURT OF RE.

QUESTS.

A broker in Whitcombe-street, named Trendall, was
summoned by a little girl, formerly his servant, for her

waL'es•
The claim of the girl was for 20s.—six weeks at 2s. 6d.
per week—this included six weeks of servitude, and a
fortnights notice, according to agreement. The delen-
'

dant it appeared had turned her out of the house at a
minute's notice.
CHAIRMAN—What objection have you to make to
this little girl's claim ?

Defendant—Oh ! the girl suited us very well, and we
would'nt have parted with her on any account, but for
a discovery which my wife made. She had occasion to
go into this girl's room, and she just looked into the
drawer where the girl kept her things. Now, under
her nightcap, wrapped up in a little gauze handkerchief,
my wife found a piece of our soap, I should think worth
a penny or three-halfpence. Of course it was quite im-
possible to keep a thief in the house, especially as we
locked up nothing, not even the bread and butter.
Having made this discovery, I told the girl to leave the
house directly.
Girl—You said you would kick me out.
Defendant—Kick! oh, oh I
Girl—Yes, you did ; and I went home directly to my
father. Now, gentlemen, I hope you will hear what I
have to say about the bit of soap. There was
not any soap in the house, and my mistress sent me for
half a pound, which, when I brought home, she told me
to cut into pieces, and put it in the room. I cut the
soap up, and then I asked her to be so good as let me
cut off a little piece for myself, which I would keep in
my room. My mistress said it was a very good plan ;
and I took a little piece and kept it my drawer with my
clothes.
CHAIRMAN—Pray, was this drawer open, so that
everybody could have access to it ?
Defendant—Ob, yes ; it was always open, certain'y.
It was, in fact, a sort of lumber drawer.
CommissroNEß—But is it not rather a harsh proceed-
ing to turn a girl out of your house and destroy her cl:a-
racter for a half-penny worth of soap, which she says 11Jr
mistress told her she might use ?
Defendant—We found the soap concealed in 11,1. r
handkerchief, and it was impossible to keep a thief in our
house.
COMMISSIONERA do'nt think there is the slightest
ground for applying such an epithet to this girl.
Defendant—Mrs. Trendai will prove that she never
gave the girl leave to take any of the soap.
Mrs. Trendall was sent for. Her story was the
counterpart of her husband's. Shd admitted having
sent the girl out for threepenny-worth of soap, but she
declared the soap was to be cut only in ti7o pieces,
neither of which were to be used by the girl.
Girl—You told me I might cut a piece off one of
the pieces. You and Mr. Trendall were always hunt-
ing over my drawers. I am sure the things were
tumbled over a dozen times a day.
COMMISSIONER—Was there any soap in the house
besides this half-pound, which the girl could use ?
W ife—Oh, dear me, there was soap lying about in
every direction.
Husband—She might have had a tun of soap to wash
herself with. Nothing was kept from her. I never
locked up the bread and butter cupboard ; and she had
even access to the place where we kept our fruit.
Mrs. Trendall, when asked about the hiring, declared
that she engaged to give the girl only a week's notice.
A witness who was present swore that the agr,:e-
ment was as the girl had stated, namely, for a 10,1-aight's
aight's warning.
A COMMISSIONER remarked, as Mrs. Trendall had
been contradicted in what she had asserted concern%ig
the terms of the hiring, that the probability was
girl had stated the truth about having had permis:;oo
to take a bit of the soap from her mistress.
The COURT instantly found for the whole sum
claimed by the girl.

KENSINGTON PETTY SESSIONS

On Wednesday an adjourned Special Sessions of the
Magistrates acting in and for the Kensington diviiion
of the county of Middlesex, was held nt Kensington,
for the purpose of resuming the proceedings commem:Al
under the new act (2 and 3 Victoria, cap. 84), for the
collection of Poor-rates, by the Board of Guardians of
the Kensington Union, against the Churchwardens,
Overseers, and five of the parochial Committee men of
St. Luke, Chelsea, for non-payment of an arrear of a
call made upon them on the 18th of July last, of 2,4691.
amounting to 9611. 11 s. 2d.
After much angry conversation between the parties,
The BENCH ultimately decided that they had no
power to allow the set-off claimed by the parochial So-
licitor of Chelsea, and ordered the whole of the balance,
8111. 115.2 d. to be paid into the hands of the Treasurer
of the Union, before twelve o'clock on Tuesday.
It subsequently appeared, on the statement of Mr.
Cornell, who appeared for the Guardians, that the de-
fendants had paid in the sum of 6501. on the I:3th
(Tuesday), leaving a balance of 161/. Ib. 2d.
Upon this a question arose whether the distress war-
rants should issue for the 811/. Ils. 2d. Ultimately
the warrants were signed for 161/. lls. 2d.
After some dispute as to whom the costs were to fall
upon, ultimately the BENCH fixed the costs at 4/. 153.,
which sum was included in the distress warrants.
The BENCH then broke up.

POLICE INTELLIGENCE.

MANSION-HOUSE.

Christopher Lynch, a porter, in the employme o!
Messrs. Slater and Coates, of No. 5, Wood-s 1 ,
Cheapside, warehousemen, was brought up for :it
examination upon the charge of having robbed hi.: i-
ployers.
Mr. Hobler, jun., attended for the prosecutors, ,Lad
Mr. Wontner for the prisoner.
Samuel Knight Fortescue, a boy employed by the {l.-m
to assist in the warehouse, stated that on Wcdn..s. :ay
morning last, on entering the shop quietly, he saw he

prisoner shuffling about the counter in a su,pi-
cious manner. The prisoner, upon observing I,:in,
tried to get him out of the place by sayiog
something about the arrival of some Manchester guods,
which were expected at an early hour, and respecting
which he wished witness to leave the place to make in-
quiry. Witness, however, refused to go, and perceiv-
ing that the prisoner had a parcel, followed and a.,ked
him what he had ; and he showed witness two pic,ei of
waistcoating, and dropped on his knees and begged that
nothing might be said about them, as his character
would be injured if the prosecutors were informed, ~nd

declared that he would make all right at the end of the
week. Witness said that he would not stand by and
see his master robbed. The prisoner then, notys
ith-
standing what had passed, went away with the two
pieces, and witness immediately upon seeing Mr.
Coates mentioned the occurrence, and the latter went
after the prisoner.
Mr. Wontner—Why did you not follow the

ioner? Witness—Because there was nobody else in

the warehouse, and I would not leave the place exp .:ed
to plunder. I was just going to ring the bell to give
the alarm, when Mr. Coates entered, and I told nirn
what happened.
Mr. Coates said that in the morning in question, he
saw the prisoner within a few doors of the warehouse
with two parcels. He immediately ran into the ware-
house, when the last witness mentioned to him
what had taken place. Witness then ran after the
prisoner, who had the parcels of waistcoating about him,
and said that he meant to pay on the next Saturday.
Witness allowed him to go, but upon returning to the

warehouse, and talking Co Samuel Fortescue, le dt ter-
mined to take a police officer with him to the pri-
soner's house to search for property there. The search
was successful. In a trunk, of which the prisoner's
wife said her husband, who was out, had the key, were
many suits of clothes, evidently new, and in the pocket
of one of the coats were found 50 sovereigns. Prisoner
absconded, but was apprehended next day.
Mr. Wontner—Was not the prisoner in the habit of
getting pieces of waistcoating at the warehouse ?
Mr. Coates—Whenever any one employed by the
concern wants anything of the kind for his own use, it
is given to him at first cost. The prisoner also has
occasionally had small pieces cut off for him at that rate.

Mr. Hobler, junior—Have you not missed property,
upon taking stock? Mr. Coates—l have missed since
September, in waistcoatings alone, between 401. and
.501. worth of goods,

Mr. Wontner— hat s nothing to this case.
Mr. Hobler—lt is something to this case. The pri-
soner has been plundering the firm for some time.
The LORD MAYOR—I shall send the prisoner to a
Jury.
Mr. Wontner said that at all events the-e was no
ground for detaining the prisoner's money, which he had
received by the sale of property a short time before, as
could be proved.

_ .
Mr. Hobler, jun —That money is part of the pro-
duce of the plunder, and I must object to his Lordship
giving it up.
The LORD MATOR—I cannot allow the money to
be given up, the Jury must decide upon that question ;
but in order that he may be enabled to pay for hi; de-
fence I recommend that 5/. be given to him from the
money found in the trunk.
The prosecutor consented.
Mr. Wontner submitted that as the case was ois of
mere suspicion it would not be unreasonable to ei)cct
that his Lordship would tyke bail.
The LORD MAYOR refused to take bail, and the
prisoner, who declared that he meant to pay for the
pieces, as he always had done, was comm,,tted for trial.
Mr. Coates said that he considered the b oy had acted
with a great deal of spirit and discretion in a ccusing the
prisoner, who was a powerful man, of robb'erY when
alone with him, and in not leaving the premise.: exposed
by following him.

STREET.
Elizabeth Par BOW"servant to Mr. Stammers, silver
smith, No.su spliocoio,uSstreainred,u
attempting to set fire to her master's house, under the
mwsat,sincYeesst:lday charged with
Inspectorin Mullins stated that, at about hall past
lraneserdairitlidvigfedta that he learned from the
ten o'clock on the morning previous, he receivel
in-
he found the chairs.leanedirpcluit
formation of a fire being in the Strand, and on going to
f
circumstance ae
e chest
o co
candle in the apart-
mentdrawers had been burned in. an upper room, but it had
the house
beeneu rivie putrd.?
Tb
rylorvuhyter obl
carelesslyneß fspoprei encqt
inquired