The Sun.
London, England, 1862-05-30 00:00:00

BAIL COURT.

Sittings at Nisi Prius at Westminster.—(Before
Mr. Justice Mellor and a Common Jury.)

DE ROYER V. VALLER.

This was an action for the unlawful conversion
of certain household furniture, for illegally seizing
and taking the same away, &c. The defendant
pleaded not guilty, and leave and license.
Mr. Huddleston, Q.C., and Mr. Honeyman were
counsel for the plaintiff; Mr. Coleridge, Q.C., and
Mr. Prentice were counsel for the defendant.
Mr. Huddleston, in stating the case to the jury,
said the plaintiff was a French lady who had resided
for some time in this country under the protection
of a gentleman, and the defendant carried on part-
nership with a person named Bolton as upholsterer
and money lender, carrying on business at More-
ton-street, Pimlico. The lady resided some time
since in Sutherland-street, Pimlico, where the trans-
actions in question first commenced, and afterwards
she removed to Essex Villa, Kensington, where she
now resides. The learned counsel then called the
following evidence:—
Madame De Royer deposed through M. Albert,
interpreter—ln December, 1861, I had some goods
warehoused at Messrs. Price and Clark's, Chancery-
lane. On the 24th December the defendant Bolton
agreed to advance me £6O on them, and I gave him
a bill of sale for £69; he was to be paid ls. in the
pound per month iuterest money. About a fort-
night afterwards I received a further advance of
£lO, for which I agreed to give him £2 interest. I
gave him a bill of exchange for £l5, being £5 in-
terest for the loan of £lO for 13 days. Bolton
I brought the bill drawn out, and I signed it. After
that I had another £6O to be paid the same time as
the first £6O, and at the same rate of interest.
Bolton, however, brought me on the 22d Janne' y
a bill for £75 payable in seven days, which I signed.
I did not then observe that it was made payable
seven days after. A few days after I received a
letter from Bolton stating that I must be ready
to pay the money. I wrote to him expressing
my surprise, and asked him to call on me and
explain his conduct. I told him I was much
surprised at his charging me £75 for £6O only
advanced a few days. I told him that I would pay
him and have nothing more to do with him. He
demanded £145 altogether from me. I declined
to pay it, and said that if he did not take £134,
I would apply to a magistrate, He accepted that
sum, and the bill of sale and the bill of exchange
were given up to me. Bolton called afterwards
about taking the bill of -sale off the registry, and
said that for the future he would act more honour-
ably if I would do business with him. I said I
would try him again, and as I was in want of £BO,
he agreed to advance it on the furniture, and on
the same terms as the first, ls. per pound per month.
The day after he brought me the money and the
bill of sale for £lOO for me to sign. He asked for
the first bill of sale for the 'purpose of taking a
copy of the inventory, and I gave it to him. 1 have
not had it back. Eighty pounds were advanced in
cash, and a bill of sale was given for £lOO on the
Bth of March, repayable £5 on the sth of April,
£5 on the sth of May, and the £9O on the sth of
June. I also gave him a bill of exchange, payable
in a month, for £lOO. The bill was drawn by the
defendant, and accepted by me, and when it was
given Bolton gave me an undertaking in writing,
" binding himself not to take any proceedings on
the bill of exchange unless in default of payment of
the bill of sale, nor make any application for any
portion of it unless default as aforesaid, and on the
bill of sale being paid the bill of exchange to be
null and void. The bill of sale was not read over
to me or translated to me. I did not read it, be-
cause I cannot read English. Bolton knew before
this that I al as looking out for a fresh residence,
and he wrote my week's notice to quit Sutherland-
street, Pimlico, on the 19th March. I had taken
I.4ssex Villa, Kensington, and I arranged with Bol-
ton for him to remove my furniture to that house,
charging me with the expense. The house at Ken-
sington not being ready for my occupation on the
17th, I took temporary lodgings at my milliner's,
Itawstone-street, Montpellier-square. Between
four and five o'clock in the afternoon of the
19th, Bolton came, to me and said a dirty-
looking man had followed the van—(laugh-
ter)—and that he declined to say why he
did so. I replied, " Who can he be—what can I
do ?" He said, " I think it would be better to
let him come up." I said, Then let him." The

dirty-looking man then came up-stairs, and I asked
him why he followed the van ; upon which he gave
me an account from Messrs. Hewetson, for £lB, the
balance of account, and asked me to pay it. I said,
" You don't look like a clerk of the house, and I
don't know that I ought to pay you." He replied,
" If you don't pay me I will continue to follow the
van." He then went down stairs at my request,
and I then asked Bolton what he thought I had
better do in the matter—whether I ought to pay the
man the money ? Bolton said, " I don't think you
should pay such a dirty-looking fellow, but to some-
body who looked more respectable." (Laughter.)
I could have paid the money if Bolton had advised
me to do so. I told Bolton to take the goods to the
house and see that the dirty-looking man did not
make a disturbance. (Laughter.) I afterwards
went out, and on my return I found my dressmaker
very excited. The dirty.-looking man was there.
He gave me Messrs. Hewetson's claim and a copy
of a writ. I was also informed that the furniture
had not been taken to my house. I then consulted
my solicitors, Messrs. Lewis and Lewis, having
previously received a letter from Bolton dated the
20th. [lt was dated "8, Moreton-street, Pimlico,"
and stated that Mr. Waller had instructed him to
write and inform her that the furniture had been
removed there for the sake of safety under the exist-
ing state of affairs, and not with the intention of
taking it from her, and that Mr. Waller was not
prepared to entertain any proposal for giving up
the furniture unless he was satisfied no other per-
son had a claim against her, and that he had
removed the goods according to instructions from
her agent. Enclosed was a list of goods brought
there awaiting her pleasure. Everything was
safe, and was taken as much care of as if they
were in her own keeping, and that if her agent
would call on him and represent her views on
the subject, he had no doubt he should be able to
satisfy him that what he had done was absolutely
necessary under the circumstances, and that no ad-
vantage was intended or would be taken of her in
any way whatever.] There was £l5O worth more
of furniture taken in the vans than was at Price's
in Chancery-lane. In consequence of Bolton's
taking away my furniture I have had to hire furni-
ture, for which I paid £2O per month. On the Bth
of April I received a notice stating that the bill
drawn by Waller for £lOO was lying due at 8,
Moreton-street, Pimlico. I afterwards received a
writ for the amount at the suit of Waller. The bill
was dated Bth of March, and the writ was issued on
the 9th of April. It came enclosed in a letter ad-
dressed " Madame de Royer, private, with Messrs.
Lewis and Lewis' compliments." Inside was writ-
ten " Please receive the enclosed from Mr. Waller"
—(the writ.) (Laughter.) Messrs. Lewis and
Lewis, Ely-place, are my solicitors. After the 25th
April Bolton came with two men to Essex Villa,
and in spite of my servant they got into the house,
saying he had come to fetch some articles that were
in the bill of sale, but which he had not got. He
took several things—my writing-desk, but I first
took my letters out. (Laughter.) Among other
things he took a poker, first saying that if I wanted
a poker he would leave it.

Cross-examined—l came first to England about
four years ago. I have always gone by the name
of De Royer, and no other. I have never been
married. I have not gone by the name of the
Countess Dutremont. The letter produced is in my
handwriting, and is signed Dutremont, because I
once lived with a gentleman of that name. I was
obliged to do so. When living alone I always go
by the name De Royer. I have property of my
own, a farm in France, and some railway shares.
Mr. Coleridge—l suppose you have not a castle
in Spain ? _ _

Witness—No. I did not refuse to sign the second
bill of sale. I did not say after I had got the money
that "I would show him how ladies do such things
in France." (Laughter.) He did not say that ill
treated him so he would sue me—it is all lies.
(Laughter.) I did not tell him that he should have
his money, but no interest. I never mentioned to
Bolton the name of a major with whom I was living,
and that I could get the money to pay him with
from that gentleman. I will not enter into my pri-
vate affairs. I once went in my carriage to Bolton's
but not to ask him to lend me money. I applied to
a loan office before applying to Bolton, but I did
not get an advance. I did not ask Bolton to borrow
the money for me from Waller. He always spoke
of Waller as a man beneath him. Bolton knew
what creditors I had. I did tell him my furniture
was paid for, and that no one had any claims
against me. I was introduced to a working furni-
ture maker, named Morrell. I advanced him £B6
to purchase material and make it up into furniture.
He afterwards made a claim against me for £lBB,
for which I was sued, and through the inattention
of my previous solicitor the verdict went against
me for £lO2. At the time that action was tried I
was in Germany. On Saturday last I was arrested
for 194 balance due, and was confined till Monday,
when the money was paid.
Re-examined—l have deposited £5O with Messrs.
Beck and Co. for the furniture I am using belong-
ing to them. This case was in the paper for trial
last week, and I was arrested on Saturday by Mor-
rell. He is here with Bolton. They are always
together. (Laughter.) I don't know how the de-
fendant has got a letter of mine produced dated
Baden Baden. Waller and Bolton's names were on
the van that removed the furniture.

The learned Judge interposed, and asked, as
many points of law must arise on this whether the
parties could not come to some reasonable terms of
settlement. It would be a long time before any
points of law could be settled, considering the
arrears of business in the court. Both parties
ought to be reasonable, because it was not to their
interest that litigation should proceed further.
Mr. Coleridge said there was no objection to give
the plaintiff her furniture if she would pay the de-
fendant his money.
Mr. Huddleston said the defendant should be
paid his money, and 6 per cent. then in court, on
his giving up the furniture and paying the costs of
the trial.

A consultation took place between the defendant
and his counsel, which resulted in the defendant re-
fusing to accept the terms offered.
Other evidence was then called in support of the
plaintiff's case.
Mr. Coleridge, for the defendant, submitted that
by the wording of the bill of sale, the furniture was
transferred absolutely to him, with certain powers
in the event of the non-payment of the instalments,
removal of the goods from Pimlico, damage, &e., or
being sued by creditors.
The learned Judge held that the plaintiff was
entitled to the possession of the goods.
Mr. Coleridge, in addressing the jury for the
defendant, cautioned them not to be led away that
the plaintiff was a person unused to the ways of
the world. The rate of interest charged by money-
lenders depended of course upon the risk, and
the Duke of Wellington never spoke wiser than
when he remarked that "the rate of interest was to
be measured by the rate of risk run." That the de-
fendant under the circumstances took a large rate of
interest was to be expected, and was not sufficient to
disentitle him to fair consideration, more especially
when they remembered that the plaintiff was a
person who was likely to disappear from the scene
in a few weeks, and the defendant be deprived of
his money and his goods. He hoped the defen-
dant's case would not be prejudiced because he was
a money-lender and obtained a large interest, and
observed that he thought it was very much like a
case of " diamond cut diamond."

At this stage another conference took place be-
tween the parties; and

Mr. Huddleston said they had agreed to terms.
The verdict would be entered for the plaintiff for
nominal damages subject to terms agreed upon.
Verdict accordingly.

POLICE INTELLIGENCE.—May 29.

CLERKENWELL.—ATTEMPTED SUICIDE IN
TIIE METROPOLITAN RAILWAY.--John Freeman,
aged 30, a discharged soldier, was charged with
attempting to commit suicide by endeavouring to
throw himself into the cutting of the Metropolitan
Railway, at Charlotte-street, St. Pancras.
From the evidence of Richard Parker, a watch-
man employed on the line, it appeared that that
morning, between 3 and 4, he saw the prisoner
clamber up the walls enclosing the railway and get
over. He ran and caught hold of his hand, and
held him. Had it nut been for the assistance of
two of the neighbours, who ran out in their shirts,
he must have let him fall into the cutting, a dis-
tance of about 50 feet. On the way to the station
the prisoner said he was a discharged soldier, and
had had a wound in his head, which sometimes took
away his senses.
The defendant said he was sorry for what he had
done, but he did not know what he was about.
Mr. D'Eyncourt sent the prisoner to the work.
house. •

THAMES.—CHARGE OF WILFUL MURDER.
George Cochrane, a man about 25 years of age, who
has been in custody a fortnight, and appeared very
ill and dejected, was brought up on remand before
Mr. Woolrych, charged with the wilful murder of
Thomas Courtenay.
The prisoner and the deceased were both
labourers in the employ of the Grand Surrey Canal
Dock Company, and were on good terms with each
other until the morning of the 16th inst., when the
affray which resulted in the death of one of them
took place.
imel Bolas, a Waterman
and
was the principal witness, stated ithatig hht ee
r 9ma awn 1C
whooch-
rane, Courtenay, and two other men coming down
Old Gravel-lane, towards Wapping-dock Stairs,
Adjoining the Thamesm annel entrance. They were

all intoxicated and quarrelling. The prisoner an
Courtenay pulled off their jackets and began fight-
ing. After a good many blows were exchanged,
and Ccchrane had been twice knocked down, he got
up and said he had lost a sixpence, and that he
would fight all the harder, providing he found it.
The money was not found, and Cochrane said he
would fight no more. The deceased, however,
struck at him again, used very bad language, and
said, " You are bound to fight me, and fight me you
shall." Some more blows passed between them ;
the prisoner got the worst of it, and was anxious to
cease fighting, but the deceased, who pummelled
him unmercifully, would not allow him to do so.
Cochrane also twice said, "I'll allow you to be the
best man." At last the prisoner said, "If lam to
fight it shall be with this," and put his hand in his
left trousers pocket and took from it a knife, with
which he struck at the deceased, who staggered ten
or twelve feet and fell. A police-constable, named
Edward Bishop, 506 A, saw the deceased struck
with the knife, and saw him fall. He caused the
deceased to be conveyed to St. Thomas's Hospital,
where he died a few days afterwards.
Mr. Daniel Biddle, house surgeon at St. Thomas's
Hospital, stated that he saw the dead body of
Courtenay. There was a wound two inches in
length extending downwards from the breastbone
and upwards. The pleura was wounded to the ex-
tent of half an inch. Inflammation extended over
the whole pleura. There was profuse hemorrhage,
The internal mammary artery was punctured. The
wounds described were the cause of death.
Bishop, the constable who had charge of the case,
produced a sharp clasp knife which he took from
Cochrane. There was fresh blood upon it when he
first saw it.

The prisoner, who was deeply affected, said that
what the witnesses had stated was quite correct.
The deceased provoked him to fight ; and although
he gave Courtenay the best of it, be fought again
and knocked out one of his (Cochrane's) teeth, and
knocked him down twice. He gave the deceased
the best of the fight again, but was again beaten
and knocked down. His ankle was sprained and
very weak, and he took his knife from his pocket
and thought to stop the prisoner. He had no in-
tention of using the knife or to strike the deceased
with it, and the first time he struck at him with
the knife it was shut. He was very sorry indeed
for what had occurred.

Mr. Woolrych said the offence did not amount to
wilful murder. There was no malice prepense, and
it appeared that Cochrane did want to leave off
fighting more than once. He felt bound, under all
the circumstances, to commit the prisoner for trial
at the next Old Bailey Sessions for manslaughter.

HAMPSTEAD.—LADY THIEVES ON HAMP-
STEAD HEATH—A NARROW ESCAPE.—EIIen Lax-
ton alias Allen, alias Williams, and Mary Stevens,
who were dressed in the latest approved fashion,
were charged on remand before Mr. J. G. Hoare,
Mr. J. Marshall, and Mr. G. J. Redman, on suspi-
cion of stealing, in company with others, a watch,
also a port-monnaie, during an inspection of the Ist
Royal Middlesex Militia by Col. Graham at Hamp-
stead Heath on Friday last. Mr. Wakeling ap-
peared for the prisoners.
James Peene, an elderly gentleman, said—l am
an organist. On Friday last I was on Hampstead
Heath, looking at the inspection of the militia; two
men came in front of me, and almost immediately
there was a rush ; in a minute after I missed my
watch, which had been wrenched from my guard,
and which was safe just before the rush.
Miss Ware, of High-street, Hampstead, was on
the heath looking at the militia, when she felt a
female pressing against her; she put her hand into
her pocket and found the woman in the act of draw-
ing her hand from it with her purse. She seized
her hand and took the purse from her and said,
"How dare you pick my pocket?" The woman re-
plied, " Oh no, miss, I was not picking your pocket,
but pushing rather hard against your crinoline."
Witness pointed the woman out to a man who was
standing near, but she escaped before the arrival of
a policeman.

Alexander Burks, a gardener, residing at Golden-
square, Hampstead, deposed—l was on Hampstead
Heath during the militia inspection. I saw both
prisoners in company with several men and women.
From their manner I suspected they were thieves,
and watched them. I saw the two men mentioned
by Mr. Peene with them. I also saw the woman
mentioned by Miss Ware with them both before
and after the attempt to steal the purse.
A railway porter proved seeing both prisoners in
the crowd working together; one getting in front
of ladies, the other behind, apparently for the pur-
pose of picking pockets.

- Mr. Inspector Webb said that both prisoners had
been recognised by Mrs. Wood and Mrs. Howe,
chief 'warders of the House of Detention and Tot-
hill-fields, as having been repeatedly in prison.
Layton was convicted in 1854, and again, in the
name of Allen, with a man who gave the same
name, for picking pockets, in September, 1859,
and sentenced to three years' penal servitude, and
the reason of her now being out of prison was owing
to a regulation where convicts who conducted them-
selves well had three months given them off every
twelve, so that, instead of her having three years'
punishment, she received little more than two. She
had a sister now doing penal servitude. The con-
victions against Stevens had not yet been traced.
Both prisoners had been visited since being in cus-
tody by some of the most notorious thieves in Lon-
don.

Mr. Hoare said the bench had no doubt prisoners
had come to the heath to pick pockets, but he did
not think they had done quite elough to convict
them. It was a very narrow map% for them, for
if they had done a very little more they would have
been sent for three months' hard labour. As it was
they would be discharged.

COUNTRY MARKE 2S.

•.•

MANCHESTER-MAY 29.

Moro disposition to buy wheat, but as holders resisted
any further concession in price, sales took place very slowly
in either English or foreign. Flour difficult to sell, and at
barely the prices of last Tuesday. Oats and oatmealwere
the turn lower. Egyptian beans declined 6d to is poi qr.
Indian corn 3d to 6d dearer.