The Sun.
London, England, 1862-12-01 00:00:00

~~

LAW INTELLIGENCE,

COURT OF EXCHEQUER-
(Sittings at Nisi Prius after Term, at NYestminAer,
before Mr. Baron Martin and a Comm J
ROBERTS T. ORCHARD—FALSE IMPRISOINT,
Y
This action was brought by a salesman h 'lrther'ry.)
in the employ of the defendant, a draper in It
street, to recover compensation in damage,s for
having been given by him into custody on a ch‘`trge
of stealing a florin, the property of his master. I:he
eg ent-
defendant pleaded not guilty, and that when he ga\"e
the plaintiff into custody he bona fide believed tha t
he had taken the money.
Mr. Sergeant Parry and Mr. Lorton were coun-
sel for the plaintiff, and Mr. Sergeant Ballantine
aad Mr. D. Keane for the h defenof February last the
dant.
It appeared that on the 8t
plaintiff had received chancze from one of the
cashiers, and finding afterwarci.s that it was short
on into
sum required.
went back and received the additi
Mr. Orchard, the defendant, then called him i
the counting-house, and having wade him take out
all the money from his pocket, declared that he bad
a florin which he had previously marked, and gave
him into custody for embezzlement. lie was taken
before Mr. Yardley, the magistrate, at Ma.rlbrough
street, who upon hearing the evidence disnyissed the'
case. The plaintiff was a silk salesman, and bad
been 20 years in the trade, and he alleged tila,i,ll
consequence of this occurrence he had been ulleeia
to obtain any employment.
Mr. Sergeant Ballantine, on the part of the ele-
fendant, submitted that the action could not b
maintained, as a month's notice of bringing it hadh-
not been given to the defendant under 24th and 25th
Viet., c. 96, the'object of which, he said, was, t
in cases of this kind the person who had given the
party into custody should have an opportunity of
offering a fair compensation.
Mr. Baron Martin held that the notice was nt74
required.
The defendanf, Mr. Orchard, was called for the
defence, and he said that in corsequence of cote"
plaints having been made to him by his cashiers
short
as to the plaintiff having said he received
change, he marked some silver money on the
Bth February, and afterwayd2 he found one of the
marked florins, which he identilled, in posaession of
the plaintiff.
Mr. Sergeant Parry said the object of this evidence
was to prove a felony, and objected to it on the
ground of there being no plea of justific,Ation.
Mr. Sergeant Ballantine said his object was to
prove the bona fides of the defendant in -giving the
plaintiff into custody.
Mr. Baron Martin said the bena fides of Ole de;
fendant had nothing to do with the verdict, thOltg
it might affect the damages.
A lad named Mills, a cashier in the defendanrt,
employ, was next examined. He said he
entea
the defendant's service in November, 1861, and CI
that time up to the Bth of February the plaintiff had
60 times complained of short change. In the Pre;
sence of Giffard, another cashier, he gave the een+l,
containing the florin in question, to the plailnl
(It should be stated that the plaintiff in his evidehe
said he had only once complained of short change)''
Giffard corroborated Mills's evidence. nt
Mr. Baron Martin asked if the defendant re°
nc;
to prove a felony, because that was the tende
Ken
of this evidence.
Mr. Sergeant Ballantine said he did not.
relied entirely upon the perfect bona fides of the
defendant in ivng the plintiinto custody. , t
Mr. Sergeagnti Parry said he must then eblec
to the evidence.
Mr. Baron Martin then summed up. He told
thoe,
jury they must assume that the plaintiff was in.'of
cent, and the only question would be the amount
damages.
The Jury returned a verdict for the plaintiff'
Damages £2OO.
A bill of exceptions was tendered to the leare!da
judge's ruling as to the reception of evidence AP
summing

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COUNTRY ?.MRALib.

~,,,,

NORIVICH—SATunDA.Y. ;., ogle
Wheat enerall mad late price to-dar, bin 4 r'' lei
instances Igs
per qr mo ree money wass demanded. F°
1°41;0
r 11
also more money was demanded. There was 8
for oats, beans, and peas. Aqg to 4°
White wheat. 498 to 50., 1 Red wheat ...... "'-- 360
:33 to 30,
Malting barley 34s to 375 1 Chevalier barley.. ..
•
Distilling do 28s to 30s ] Oats.. ............ 25, t°
Flour, 30s 6d to —s Od per sack from the miller'

LEICE STEI3.--SATuRDA.T.
Ac 7 per
Old white wheat, 59s to 60E ; new, 48s to .0- liti/1,5,
stone. Old red, 54s to 57s per 36 stone. Barley/ TA oats,
new, 34s to 38s per qr.; grinding, 29s to 31s ; 0-',160.00
28s to 325; new oats, 21s to 25s per 24 stone.
new, —s to —e ; old, 40s to 43s per 38 stone.

NORTHAMPTON—SATURDAY. 294
Barlep 7280
01 Now wheat, 42s to 525:; old, 50s to 565.
to 38s per qr. New oats quoted at 24s to 28s ; to
to 32s per 24 stone. Beans, old, 39s to 42s ; new, o'
38s. Peas, 36s to 44s per qr.

NOTTINGHAM.—SATURDAY.
White wheat, from 45s to C3s°; red wheat, 42s to 59:
Barley—malting, 34s to 44s ; grinding, 28s to 30s. S
,
old, at 258 to 31s Od ; new, 23s to 278. Beans sold at
to 45s per qr. Flour, 41s to 448.

YORK— SATURDAY. tO 011
Wheat, red 44s to 488 Oats.... ........ 22s 4:20
White do .50s to 568 8ean5......... •: 40: t° 0
to
Barley .30s to 36s Peas ...........• --";', 40
Malt, 64s to 66s per qr. ; rye, 39s per qr.; 'l'°''''
to 42s per sack.

27 p
BBB() eaae artkme o g Beans.. sre .sa cl
ttt
o°o
Rapeseed .... to 16
' flour ig 60 to 3,51. 60
Indian corn .. 31 0

-FRIDAY.