The Sun.
London, England, 1865-12-15 00:00:00

THE St IN, LONDON, 11‘.R1.1)A *1? D-ECEMAtit 15, 1 Sbi:

LAW INTELLIGENCE—This Day.

COURT OF COMMON PLEAS,

(Before Lord Chief Justice Erie and a Special Jury.)

BRANSBY V. EAST LONDON BANK.

In this case the plaintiffs, Messrs. Bransby, mer-
chants and upholsterers, carrying on business in the
Old Kent-road, claimed compensation in damages
for injury done to their credit by the defendants
dishonouring a cheque. The defendants pleaded
that at the time the cheque was presented for pay-
ment there were no funds of, the plaintiffs available
in the hands of the bank, or that such had not
been paid in by the plaintiffs in reasonable time to
*enable them to meet the demand.

Mr: Montaou Chambers, Q.C., Mr. Joyce, and
Mr. Channelr were counsel for the plaintiffs ; and
Mr. Karslake, Q.C., and Sir J. Honeyman for the
defendants. _ _ _ _

Mr. Chambers stated the case, from which it
appeared that the plaintiffs had been induced by
the auditor of the bank to become customers, the
manager's agency ,to pay his cheques. On the 24th
March, 1865, the plaintiffs received a letter from the
manager of the bank to the effect that plaintiffs'
cheques would no longer be paid unless they left
after payment of the same a clear balance of £lOO
collateral security, and enclosed a form to that
effect, which was filled up by the plaintiffs. On the
13th May, 1865, the plaintiffs paid into the bank a
cheque drawn on Sir Claude Scott's bank in Caven-
dish-square. According to the custom of the bank,
a passbook was kept of the debit and credit account
between the bank and the customers, and in the
plaintiffs' book there was au entry crediting the
plaintiffs with a balance of £235, they having pre-
vious to, the paying in of the cheque £B5 in the
bank. At this time the plaintiffs were indebted in
a sum of about £lOO to a Mr. Lake, who held their
cheque, which was overdue. He applied to them
for payment, but consented for the present to accept
a cheque for £l7 10s. on the defendants' bank. On
this cheque some excuse was made, and. he
was unable to obtain payment, upon which he sued
the plaintiffs for the whole amount of their debt.
Several witnesses were called as to the practice
of banks, and it was contended for the defence, in
addition to the pleas placed on the record, that the
plaintiffs could show no special damage.
The plaintiffs were non-suited.

.COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE'THE REV. E. W. J. TOLLEMACHE.

This] baikru_pt, who was described as a clerk in
holy orders, of Leigh,. Essex, came up again to-day
for the order of discharge. is accounts have not
yet been filed, and it appears that there is an old
bankruptcy still in existence and undecided. His
Honour decided that he could not interfere, and the
case was again adjourned till February next.

SHERIFFS' COURT..
EQUITY IN THE SHERIFFS' COURT.-A SERIOUS

QUESTION.

A very serious - question is likely to arise in
reference to Chancery cases brought in the Sheriffs'
Court, inasmuch as an omission in the new act
renders the rights of suitors somewhat difficult. In
the County Courts there is a special clause' which
enables the parties dissatisfied with the decision of
the judges to appeal to the Vice-Chancellors ; but
in the course of the case tried recently and reported
in this journal, Mr. Commissioner Kerr pointed out
to the learned counsel engaged in the case that
there was some doubt as to the right of appeal
against a decision given by himself as judge of the
Sheriffs' Court, and therefore the parties might if they
pleased remove the case. This was declined, and
the case proceeded, but the reporter has since re-
ferred to the act, and also to the books, one by
Messrs. Gibbons and Harvey, and the other by Mr.
Davis, and singularly enough they both agree that
that there is no appeal from the Sheriffs' Court. The
learned gentlemen who have written upon the sub-
ject express a decided opinion that while the words
of the section apply to county courts positively, there
is an omission of any mention of the Sheriffs' Court,
and therefore there is no appeal. Mr. Commissioner
Kerr has, in fact, settled this serious question, but
no doubt it will come before one of the vice-chancel-
lors in due course, as it has created some surprise in
the City.

POLICE INTELLIGENCE.—This Day.
MARLBOROUGH-STREET.

A SAD CASE.—Wm. Hill, formerly the leader of the band
at the Argyll Rooms, and engaged in the orchestra at the
Surrey Theatre, was charged before Mr. Knox by Woddup,
Mendicity Society's officer, with begging in Regent-street.
The case was before Mr. Knox a few days ago, and the
prisoner was remanded for the purpose of having the state
of his mind inquired into. Mr. Kuox now received a cer7
tificate, signed by the surgeon of the House of Detention,
to the effect that the prisoner had shown no signs of in-
sanity.
Mr. Knox said it was pitiable to see a man in such- a
state, and it appeared to him that the prisoner was really
labouring under insanity, though the surgeon did not cer-
tify to it. •
An elderly female, the mother of the prisoner, stepped
forward, and Mr. Knox asked her whether she would
undertake to take her son with her and care for him.
The mother said she could not do so. She thought he
ought to be sent to an asylum.

Mr. Knox observed that he could not send him to an
asylum with the certificate produced before him. It seemed
a harsh thing to send the prisoner to prison. Could he
(the prisoner) not exercise sufficient control over himself
to enable him to do something for himself ?
The prisoner said he thought he could. ' (It was stated
on the previous occasion that through the alleged infidelity
of his wife the prisoner had fallen into his present wretched
condition, getting his living by begging about the streets.)
He could play the flute.
Mr. Knox said the prisoner's family would not take him,
and the doctor said he was not insane.

The prisoner said ho thought he could get employmen

Mr. Knox said the officer of the society should go with
the prisoner to a place he named and see if he could get
employed. If the prisoner played him false, and was again
brought before him for begging, he should know how to
deal with him.

The prisoner was then discharged, and left the court
with the officer.

WESTMINSTER.

EXTENSIVE ROBBERY IN BROMPTON.—nenry Swyer, a
man about 26 years of age, decently dressed, was charged
with being concerned with others not in custody with
breaking and entering the house, No. 16, Walton-villas,
Brompton, and stealing therefrom property to the amount
of nearly £lOO.
Ellen T. Brooks, cook to Mrs. Barrington, 16, Walton-
villas, said that on Tuesday evening last at 9 o'clock she
left her mistress's house quite safe, and was absent about
half an hour. When she returned she found that the
kitchen window was open, and waited till a police-con-
stable came up. She told him the house must have been
robbed, and they went over it together, and found that the
place had been completely stripped of ladies and gentle-
men's wearing apparel and jewellery. She knew nothing
of the prisoner.
Eliza Louisa Packer, housemaid to Mrs. Barrington, said
Mr. Barrington did not live at 16, Walton-villas. On
Tuesday evening at a quarter to six, she went to the
theatre with her mistress, and when she returned at 11
o'clock she was informed of the robbery. She found that
several petticoats worth from 8 to 10 guineas, several very
costly moire antique dresses, dress and othercoats, trousers,
and boots, belonging to Lord Seaford, three valuable rings,
a brooch, two bracelets, and other valuable property had
been stolen.

Mr. William James Holden, inspector of the B division,
explained to the magistrate that a man who had partly
confessed to the robbery, and inculpated prisoner, had
nearly cut his head off with a razor, and was now lying
dead, awaiting an inquest, at. Chelsea workhouse.
Evidence was given of prisoner's apprehension when he
made a desperate struggle, and two-companions, who had
some of the property in a cab, escaped. When searched a
skeleton key was found, and another dropped from his
person.

Evidence was given to prove that the lock of one house
in question could have been opened with one of the keys
produced, it being a Bramah.

Prisoner denied all knowledge of the key, and was re-
manded for a week.

been for the good conduct of a respectable licensed vic-
tualler, Mr. Wicker, worse results would-ihave follow d.
He sentenced the prisoner to two months' imprisonmeLL
and hard labour in the House of Correction.

Mr. W. E. Bixter, M.P., on Reform

Prospects.

On Wednesday evening, Mr. W. E. Baxter, the
r.presentative in Parliament of the Montrose Dis-
trict of Burghs, was ente4tained at a public dinner
by his constituents, in the White Hart Hall, Ar-
broath.'

Provost LUMGAIR proposed the " Health of Mr.
Baxter," adverting to the great estimation in which
he was held, not only :by his constituents, but by
the country at large, as shown by the desire of Lord
Pahnerston's Government that he should take office
—to his zeal as a refortter, and to the independent
position he had always maintained. -

The toast was very warmly received.
Mr. BAXTER, who was received with loud and
long-continued cheering, after expressing his thanks
for the kindness he had always experienced at the
hands of his constituents, and his grateful appre-
ciation of his long and pleasant associations with
the Montrose district of burghs—referring to offers
made him by Lord Palmerston and Earl Russell,
and which he was not in a position to entertain, he
said—To haVe been associated, even in an humble
capacity, with men like the present Prime Minister
and Mr. Gladstone, would have been a great honour
—(hear, hear)--and while not in the least as poli-
tically ambitious as' some people suppose, I am by
no means insensible to it. But do not let us forget
what the Chancellor of the Exchequer said in Glas-
gow so eloquently and so well, regarding men who
had rendered important services to their country
without office or reward. (Great applause.) Hap-
pily; the dead calm in politics seems about to be
disturbed. = In the grave of Lord Palmerston was
buried the•olive branch of peace. Now, that the
American war has ended, and constitutional liberty
hasbeen vindicated in the Western hemisphere, many
men whose minds were 'much engrossed with that
struggle havq more: time to • consider our political
position at: home, and to ask them Selves if nothing
can be done to place on_a.. wider basis •ihe founda-
tion of British freedom and power. (A:pplause.)
We have in our midst the' most intelligent artisan
class in the world—working mechanics, whose skill
and industry do honour to the country—labouring
men, who bring up their families creditably, read
and understand their daily newspaper, and an audi-
ence composed of those whom every public speaker
likes to address. Since the last great alteration in
our constitution, they have made almost unprece-
dented strides in knowledge and independent intel-
ligent thought--(cheers)—and yet only a mere hand-
ful of them have votes. Now, gentlemen, I ask you
is this fair, is it just, is it safe ? When the United
States of America, with all the evils of universal suf-
frage, 'have done what was beyond the power of any
European monarchy—when our own colonies admit
the working classes to vote, what possible reason can
you give for keeping them beyond the pale of the
constitution in this well-ordered, peaceful, law-ob-
serving country of ours ? (Loud cheers.) I rejoice
to think that the time has gone by for blinking this
question any longer. We shall have a Reform Bill
—(hear, hear)—a bill, I believe, framed in a large
spirit of generous confidence, and a bill by. which
Lord Russell's Ministry will stand or fall. (Loud
cheers.) Every measure of this kind must neces-
sarily have faults ; but if its main object is to en-
franchise a considerable portion of the working
classes, by reducing the present standard of a £lO
house-rent, it shall have my earnest and active sup-
port. (Applause.) My ovn opinion is, that the
qualification- should be on the value of the dwelling-
house alone, as affording, on the whole, the fairest
test which practically can be obtained of the occu-
pier's fitness to vote ; and, therefore, I would gladly
welcome a proposal to fix the rent of the dwelling
very low if other premises were altogether excluded.
I do not see why one man should have a vote be-
cause attached to his house are stables or drinking
rooms, while another man with an equally good, or
even better, house has no vote, because he does
not drive a cart or sell spirits. (Applause.) But if
the Government do not see their way to such an alte-
ration as this, but propose a simple reduction from
£lO to £5 or £6, I think we can help them to beat
the Tories, even though the latter should be aided
by your Lowes and Horsmans, and other politicians
of that unbelieving school. (Applause.) Our hope-
ful sign may already be observed. The Times has
sounded the- note of opposition, and the Times
lately has always been on the losing side. The other
important point which will fall to, be considered in
the new measure is there-distribution of seats. You
know the difficulties and dangers incidental to any
attempt at disfranchisement—and, if not supported
vigorously by the public outside,- the Government
may possibly be upset by the votes of Liberal mem-
bers for little insignficant English boroughs, whose
inhabitants might be removed to America or Aus-
tralia by the Great Eastern in half a dozen trips.
(Laughter and cheers.) It is monstrous to think of
the power possessed by these petty villages. You
will find that the number of members returned to
Parliament by the following large cities, having in
the aggregate 294,029 electors, is 51, viz. :—Tower
Hamlets, Lambeth, Marylebone, Manchester, Leeds,
Liverpool, Birmingham, Bristol, Finsbury, Shef-
field, Westminster, London, Wolverhampton, Bir-
kenhead, Bradford, Brighton, Coventry, Hudders-
field, Hull, Leicester, Norwich, Nottingham, Sal-
ford, Portsmouth, and Southampton—while an
equal number of members is returned by the fol-
lowing wretched places, having only 9,393 electors,
viz., Andover, Arundel, Calne, Cockermouth, Dart-
mouth, Devizes,Evesham, Harwich, Honiton, Hunt-
ingdon, Knaresborough, Leominster, Ludlow,
Lymington, Marlborough, Great Marlow, Ripon,
Tewkesbury, Totness, Wells, Wilton, Bodmin,
Buckingham, Dorchester, Eye, Tavistock, Farn-
worth, and Chippenham. I have never been able
to see why they should not be grouped together as
our smaller towns are in Scotland. (Cheers.) The
system has many advantages to counterbalance the
only disadvantage urged against it—viz., the addi-
tional expense for agents in each borough in
case of an election ; but whatever proposal be
made things cannot be allowed to remain as
they are, and for my part I should be glad to
see some self-acting plan adopted for depriving
these places of their members, when their
population fell below a certain proportion to the
population of the whole country. (Hear, hear.)
You are aware that in the United States the electo-

ral districts are altered after each decennial census

of the people, thus enabling representation to keep
co-extensive with population and taxation. Some
approximation to that plan would save us the con-

stant bitterness and worry of those contests which
must take place periodically for a century or two, if
no radical alteration be made in our present arrange-
ments. In any scheme for the redistribution of the
seats I hope that her Majesty's Ministers, as the re-
cognised leaders of the Liberal party, will not for-
get the deep debt of obligation which that party owes
to Scotland. (Cheers.) It is the overwhelming ma-
jority in favour of progress in this portion of the
island, and that alone, which all these long years has
kept the Tories out of office; and considering that
only two of our large cities have a couple of members
each, while not one of our counties has more than a
single representative—considering, too, that we have
no rotten burghs and no bribery, and moreover that
Scotland has made a remarkable progressive increase
in wealth and influence since the Act of Union, and
even since the passing of the Reform Bill, a Reform
Government would act both ungratefully and un-
justly if our claims to additional representation were
ignored. (Cheers.) When Lord Palmerston's Minis-
try proposed, two or three years ago, to give a mem-
ber to the metropolitan suburb of Kensington, the
Scotch representatives in a body, considering that
their country had a prior claim, joined the Opposition
in opposing the measure, and the consequence was
its decisive defeat. We north of the Tweed have
ever given a large majority to the side of reform, and
now at the bands of the most veteran reformer of
the country—the First Lord of her Majesty's Trea-
sury—we claim our reward. (Cheers.) But while clear
that Scotland ought to have more members, I am not
quite so sure that the Angus burghs ought to be di-
vided. It has been suggestedthat INlontros,e, Brechin,
and Bervie should have a member for themselves,
and that Arbroath and Forfar should return a separate
representative. I admit the force of the reasoning,
and the cogency of the figures in support of it, but
the effect of this disruption would be to place me
on the horns of a very unpleasant dilemma—very