The Sun.
London, England, 1838-01-31 00:00:00

DOE DEM CLARKE P. lIILWELL.

The ATTORNEY-GENERAL. appeared to show cause against a
rule in this case to set aside an award, and proceeded to
read a long affidavit made, as he said, by an Attorney in
answer to it. _ _ .

Mr. PLATT contended that the affidavit could not be read,
on the ground that it was not entitled in the cause.
The ATTORNEY-GENERAL contended it was not neeess7.ry,
as there was an cad of the cause the moment it was referred
to arbitr;stiou, so far at least as the affidavits were concerned.
. Mr. Justice COLERIDGE 'said it was strange that all the
affidavits were properly entitled, except that made by the
Attorney.
Mr. PLATT—The person whom my Learned Friend calls
the Attorney is only a cooler.—( Laughter.)
The ATTORNEY-GENERAL—That then proves the truth of
the old adage, "Ne sutor ultra crepidam."—(Laughter.) -
Rule discharged.

COURT OF COMMON PLEAS, JAN. 30.
WHITTAKER V. MASON.
This was an action brought to recover the price of a quan-
tity of books purchased at an auction in October, 1834, and
the declaration contained two counts—one for not delivering
bills of exchange, the security required by the custom of the
trade ; and another upon an account stated. To the first count
the plea was, that the custom did not bind them to give the
required security. There was a replication to the plea, and a
demurrer to that replication, which was argued and decided in
favour of the defendant. The only remaining count was upon
the account stated. An order was then made. by Mr. Justice
Vaughan, at chambers, that the costs of that demurrer should
be suspended until the termination of the cause. The defend-
ant subsequently became bankrupt, and the plaintiff proved his
debt under the commission, and defendant obtained his certi-
ficate in September, 1836. No proceedings had been taken
until lately, when the defendant had given notice that he in-
tended to take the cause down for trial by proviso. Upon that
Mr. Sergeant Wilde, for the plaintiff, had on a former day
obtained a rule, calling upon the defendant, or his attorney, to
show cause why the proceedings should not be stayed, because
the defendant had become a bankrupt and obtained his certifi-
cate, and why the defendant's attorney should not pay the costs
of the present application.
Mr. KELLY to-day showed cause against that rule, and Mr.
Sergeant WILDE supported it.
The COURT—The rule must be discharged.
Judgment accordingly.

COURT OF EXCHEQUER, JAN. 30.
DE ANGIOLI V. BOCIISA, CUItIONI, AND OLE BULL.
This was an action brought by Signor de Angioli, a singer
at the Italian Opera, to recover the sum of 201., as salary
agreed to be paid to him for the services of his daughter, in
singing at concerts at Bi ighton, for one week.
After hearing Counsel, the Court granted a new trial, upon
payment of costs by the plaintiff.
WILLINAN V. WORRELL.

Mr. PLATT moved fora rule to show cause why the ver-
dict in this case, which had been for the plaintiff for 241.,
should not be put aside, and a nonsuit entered, or a new trial
had. The question was as to the admissibility of secondary
evidence, to prove the handwriting of the subscribing witness
to a contract, the defendant objecting that no proper in-
quiries had been made for the purpose of producing him.
The COURT refused the rule.

CENTRAL CRIMINAL COURT.

•LD COURT.

Yesterday Thomas Eaton, aged 40, was indicted for steal-
ing a 101. Bank of England note, the property of Thomas
Croucher.

Mr. PRENDAGAFT stated that the prosecutor, on the 18th
of last October, changed a cheek for 181. at Coutts's bank,
and received in return a 101. Bank of England note and Si.
in cash, all of which he placed in his pocket-book. As he
was coming out of the bank a person passed him, but that per-
son, instead of going into the bank, passed round, and went
away. A short time afterwards the prosecutor missed his
pocket-book, returned to the bank, obtained the number of
the note, and stopped the payment. Between one and two
o'clock the same day the prisoner purchased a watch for 21.
at the shop of Mr. George Finlay, 43, Ratcliffe-highway,
and in payment gave a 101. Bank of England note, which,
upon being presented to the Bank, was stopped, as being the
note stolen from the prosecutor.
The Jury found the prisoner Not Guilty.