The Sun.
London, England, 1862-09-19 00:00:00

THE SUN, LONDON, FRIDAY EVENING, SEPTEMBER 19, 1862.

14.11ITISH, P('S4ESSTONS

LAW-THIS DAY.

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WESTMINSTER.

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LORD MAYOR'S COURT.
(Before the Common Sergeant and a Jury.)

AN EXTRAORDINARY ACTION ABOUT ACCOMMODATION

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BILLS.-PINK V. KEMP

This was an action upon a dishonoured promissory note
or bill of exchange, defendant having, amongst other pleas,
pleaded bankruptcy,
Mr. Gordon Allen (instructed by Mr. Batt), appeared
fog• the plaintiff, and Mr. Philbrick (by Mr. Miller) for
defendant.

r Mr. Gordon Allen having opened the case, called John
Pink, the plaintiff, who said—l live at Castle Bar Park,
Ealing, and am nr.w out of business. I know the defendant.
In 1856 he was a bill-broker in Nicholas-lane. I know
one Austin. In October, 1856, Austin wished to raise
money, and I consented to endorse the bills. I applied to
detendant, and the arrangement was the bills should be
kept in his desk sacred and should not be negotiated.
He had before "done" a bill or two. The bills were
each of £5OO. The bills produced are those lodged
with Kemp for discount Kemp then spoke of the tight-
ness of the money market, and added, "Of course you
know these bills, being accommodation, cannot be negotiated
in the market." I replied that I would pay a considera-
tion in consequence of that, and 1 per cent. was mentioned.
Kemp then said he would do them, and they should no
see daylight till they were done. He said he would give
me £5OO en account, and the rest on the Friday following.
In the interim he stopped payment. I paid an extra
rate of discount so that the bills might be kept sacred. I
did not want my name hawked about, as this was an
accommodation affair. Mr. Austin paid the bills when
due. I did not pay them. The defendant obtained a certifi-
cate after this. In 1859 I was asked to join in a petition.
I saw Kemp, who had started a new Limited Discount 1
Company. He said he was about to supersede his
bankruptcy, and if I would sign the document he
would give me £250. I did sign, and he gave me out of his
desk a promissory note already prepared for £225, to be
paid by instalments. None of the instalments have been
paid.

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Cross-examined—The promissory note was not presented
till after I consulted my solicitor about it. Austin has not
been bankrupt or insolvent. I pledge my oath I had no
more than £SUO in one cheque. I will not swear to one
cheque. I did not have three cheques in that transaction.
I only had £5OO. It' I received a cheque of £5O on the 3d
February, 1857, I must have had 1550, but I don't think
did. I believe it was only £5OO. Kemp chequed five per
cent. discount and one per cent. commission, and ene per
cent, extra. I was never called upon in any shape or way
to pay. I am now liable to Mr. Austin. We were not
flying the kite together. There wits no scheming at all,
It was a pure accommodation bill. Ido not know how I
shall make out my liability. I believe lam liable, but am
glad if lam not. I have been a party to an accommoda-
tion bill about a dozen times in my life.
A clerk in the London and R, estminster Bank said that
the bills had been paid when they became due on Dec. 24,
1856, and Jan. 24, 1857 ; and a clerk in Olding's Bank said
the bills were discounted there on Oct. 24 and beginning of
Nov., 1856. Olding's were defendant's bankers.
Mr. Philbrick objected that plaintiff had given evidence
of a virtual arrangement upon a written negotiable instru-
ment, and urged that plaintiff had shown no damage what-
ever. The learned counsel further contended that the debt
had been fully extinguished by the certificate in bankruptcy.
If the promissory note was given under the conditions stated
it was absolutely void, and could not be taken out of the
204th section of the Bankruptcy Act in 1849. The learned
counsel quoted cases in support of his view of the case, aid
contended that plaintiff could not recover.
Mr. Allen replied that this was a special count, framed
upon a promise, and a breach had been clearly proved by
which plaintiff was entitled either to special or nominal
damages. Plaintiff was liable to pay this money alth,,ugh
he had not yet been called upon to do so. The Ban ruptcy
Act could not apply here as there was a fresh promise creat-
ing an entirely new debt.
His Lordship—l shall be inclined to decide that, there is
no case, hut as Mr. Allen would like to move I will reserve.
The opinion of the jury had, however, better be taken upon
the count for damages. If the Court above should be of
opinion that the nonsuit is wrong, it may be as well to have
the verdict of the jury. Upon the second count I am clearly
of opinion that plaintifi has put himself out of Court.

Jury—We find no damages.
Nonsuited.

SHIPPING---THIS DAY.

[BY ELECTRIC TELEGRAPH.]
SOUTHAMPTON, Friday Morning.
A rrived—Harriet, from Seaham ; Woodside, from Shore-
ham.
Sailed—Peggy, for Guernsey; Alice, for Arbroath.

(BY MAGNETIC TELEGRAPH.)
GRAVESEND, Friday Morning,
Arrived, Sept. l9.—Geraldine, frorn Smyrna; Little Jem,
and Britannia, from Dunkirk ; l3revinde Karen Wedel, from
Dram; Euphroaine, Aphrodite, and Waldermar, from
Dantzic. _ _

Sailed—Agra, for Hong Kong; Cid, screw steamer, for
Santander; Falk, steamer, for Bremen.
DEAL, Fitiday Morning.
Anchored—Her Majesty's ships Revenge, St. George,
Emerald, Galatea, and Defence, from the Baltic.
Passed—Jacoba Johanna, from London, for Minitlan ;
Medusa, screw steamer, from London, for Genoa; Cruiser,
from Shields, for Constantinople.
Sailed—Bellona, screw steamer, for Cardiff.

The last steamer from New York brought a cir-
cular of the American Petroleum or Rock Oil
Company, which has been organized with a nominal
capital of £lOO,OOO. The company offer to deliver
it in any quantities free on board at New York, and
they state that the Excise duty, equal to sd. ster-
ling per gallon, recently imposed upon refined oil
under the new system of Federal taxation,does not
apply to exported oil, acid that in no e-ie is there
any duty on the crude article. Io addition to the
qualities of this oil as an illuminator, giving a
much whiter light than gas, as well as for pur-
poses of lubrication and for the manufacture of dyes,
it is now found to yield a substitute for turpentine,
which, so far as it has been tested as a vehicle for
painting, is considered t.) work much more freely
than turpentine, and to combine the properties of
that spirit with some other peculiarity, which gives
it fluency and softness. The consumption of rock
oil in the world is vaguely estimated to have been
15 millions of gallons in 1860, and 20 millions in
1861, while for 1862 the quantity, it is thought,
may range from 30 to 50 millions.
The towns of Hamburg and Altona will be
shortly provided with street railways. The idea proceeds
from one Herr Moller, a civil engineer, who has visited
England and the United States, for the purpose of acquaint-
ing himself with the working of tramways in public
thoroughfares. The same gentleman has also designed a
whole network of street railways fur Berlin and Vienna,
and there seems to be some prospect of the adoption of his
proposals in the latter city
CRICKET.—THE UNITED ALL ENGLAND ELEVEN
v. TWENTY•TWO OF THE ISLE OF WIGHT.—This match
was commenced on Monday last at the Isle of Wight, and
brought to a conclusion on the afternoon of Wednesday in
favour of the United Eleven, who won in one innings.
Score—The United Eleven, lst innings, 248. The
Twenty-two, let innings, 139; 2d ditto, 99—total, 238.
IIEPRESENTATION OF STOKE
' UPON-I'KBN T
The writ of election arrived on Tuesday, and
pro-
claimed the same evening. The nomination . was is fixed for
Monday next, and the polling for Tuesday.
A great Orange demonstration took place on
Wednesday at Belfast, the object being to protest against
the alleged partiality of the Government in forbidding the
displays of the Orangemen, while the Roman Catholics are
permitted to walk in procession. The number of persons
present at the demonstration is estimated at 60,000.
THE PUBLIC EIECUTIONER.—The executioner
is the product of struggling civilisation, and will be abo-
lished by perfect civilisation. The usage of allowing
accusers to execute the sentence existed among the Romans
but afterwards, when the custom was abolished, in spits of
their disdain for human life, they shared our sentiments of
repulsion towards those who had to fulfil the melancholy
task. Besides being guards and messengers of the consuls,
the lictors executed their decrees. The very name lictor is
derived from the verb ligare, to bind, because they bound
the feet of criminals. But other per-suns, as soldiers, were
often employed at executions, not only in camp, but also in
town. The assistance required was regarded as a public
service, and as no more a cause of dishonour than
the death of a condemned soldier, with us, is thought to
dishonour his comrades who shoot him. In Germany, be-
fore the executioner's function was raised to the condition
of an office, the youngest member of the community or of
the body corporate was compelled to undertake it; and as it
happened that those so designated showed disinclination to
obey the laws, heavy fines were inflicted on refractory sub-
jects. In Franconia a new-married man was obliged to dis-
charge this terrible duty by way of payment for the debt
he had contracted with society. In Thuringia the inhabi-
tant who had last settled in the district where an execution
was to take place was charged with the performance of it,
The College of Echevina, or sheriffs, of the town of Ant-
werp, selected a butcher out of the oldest members of the
corporation to wield the sword of the law. In the Crimea,
when the Crimea was a kingdom, the king deputed the com-
plaining party to put the condemned person to death. A
woman would thus have to stab her husband's murderer,
and she would carry out this Lynch law with its ttmnst
rigour. The English and American laws do not conde-
scend to trouble themselves with a hangman. By a action
which is not without its grandeur, they seem to disdain re-
cognising the instrument of capital punishment. Sen-
tence of death once pronounced, the sheriff has to see, at his
risk and peril and on his responsibility, that the sentence
is executed. The " hangman" is a person in the pay of
the sheriff, and he hangs for a price agreed upon.—
.Diaksin's "AR ON Yor Bowl."

POLICE---THIS DAY.

- - - -
ROBBERY AT THE REFRESHMENT DEPARTMENT, E7CIII-
13TTION.—George Gardner was charged with stealing two
legs of lamb and a quantity of ham and beef, under the fol-
lowing circumstances :
Joseph Williams said he was a timekeeper in the employ
of Messrs. Morrish and Co., the contractors to the Refresh-
ment Department, International Exhibition, who had up-
wards of 1,000 persons in their employ, and his duty was to
I look after the time of the men, and to see that they took
nothing out at night, as they had plenty given them, but it
was necessary to look very sharp after them with so many
men employed. At 6 o'clock last night he was looking
after the men in the usual way, and as the prisoner passed
nut wi,ness noticed that he looked rather bulky and stopped
him. He then gave him over to a constable, when the
meat produced was found upon him.
John Bradwick, 475 X, proved searching the prisoner
in company with another constable, when the meat was
found concealed in his jacket pockets. He said, when
taken into custody, that the foreman of the cutting room.
had given him the meat.
nefendant said that sometimes if the men wanted some
meat the men in the larder would give them some for their
supper.

Mr. Arnold thought this a very large supper.
Prisoner here raid that Lockwood, one of the cutters,
gave him the ham.

Robert Lockwood was then called, and denied ever hav
ing given bins anything.

John Page, civil engineer, in the employ of Messrs.
Morrish, said he was instructed to say that the men had
no authority to give anything away.
Mr. Arnold remanded the case till Wednesday for the
production of the superintendent of the department.