The Sun.
London, England, 1853-03-22 00:00:00

MIDLAND CIRCUIT.-WARWICK, MARCH 21

The Nisi Prius business of the assizes commenced be-
fore Lord Justice Jervis this morning.

EAST V. TODNG---THE CARD-CHEATING CASE.

An action to recover 1121., the amount of a bill in-
dorsed by the pugilist, Henry Broome, to the plaintiff,
who acted as his attorney in the recent notorious card-
cheating case.
Mr. Macaulay, Q.C., and Mr. Hayes, for the plaintiff;
Mr. Mellor, Q.C., for the defendant.
John Sherman, an attorney's clerk, living in Noel-
street, London, proved the handwriting of Davis and
Broome, the indorsers of the bill.
Mr. Mellor, in defence, stated that the defendant was
an under graduate of the University of Cambridge, and
having a race horse of his own, he became acquainted
with Broome. The acquaintance, in this case, had a
ruinous effect on the prospects of the defendant. A
friend of Young's wanted some money for the purpose
-a paying his college expenses, and for that purpose
Young accepted a bill of exchange for 501. Broome
offered his services to get the bill discounted, having, as
such characters always professed to have, " a friend in
the city." The bill was consequently entrusted to
Broome, but he never discounted it, and, after many
futile applications for the bill, a community of designing
persons brought Young to Warwick Races, in the last
autumn, where Broome made his appearance, and was
challenged by Young for the bill. Broome replied, "You
said I was to keep it ; you lost bets to me on the Chester
Cup to the amount of 112/., and said I might keep the
bill." Young rejoined—" Why, instead of losing, I
backed the winner." On this Broome offered to show
Young his own handwriting for the amount he had lost
on the Chester race. A crowd assembled, and the re-
sult was that Young was fool enough to give his written
engagement for the amount on condition that Broome
was not to use the bill at all or put it in suit against
him until he produced the alleged handwriting in adthis•
sion of the debt. The bill was accepted, and Broome
received it ; yet Broome, in violation of his engagement,
handed it over to Mr. East, who was now put forward
as the person who had most chance of the bona fides,'
and in order to give the case the greater appearance of
justice.
The defendant was put into the box, and corroborated
the statement of his counsel as to the circumstances
under which the bill of 1121. was obtained from him—
namely, conditional upon Broome's producing his (de-
fendant's) admission that he had lost money to him
(Broome) upon the Chester Cup. On the contrary, wit-
ness swore that he had backed the winner of that race.
He had given the bill to Broome because he had threat-
ened to follow him wherever he went, and collected a
crowd of persons round them.

Mr. Macaulay then called the plaintiff and his clerk.
The former said that he was an attorney at Birmingham,
and was employed by Henry Broome and John Broome
and his wife, in some legal proceedings, about August or
September ast, in the Hamp and Probert conspiracy
case. The bill was indorsed to him by Broome, on the
27th of November. He had applied to Broome for cash,
and it had been arranged that Broome should bring him
601. On the Saturday, previous to the trial, he brought
the bill for 1121., and said that witness might either have
that, or he (Broome) would get it cashed, and bring the
601. Witness preferred taking the bill, on Broome's as-
surance that it was a good one. He knew nothing of
the circumstances between Broome and Young, or he
would have taken the cash instead of the bill. Broome
at that time owed him (witness) 2001., for professional
services.

His lordship, in summing up, observed that the ques-
tion was whether East got the bill before the 20th
December. If he did, the verdict must be for him ; but
if, as had been, alleged, it was on the 27th December,
then the question would be whether he gave considera-
tion for it. If not, as the plaintiff and his clerk had
sworn that consideration was given, and the jury were
to return a verdict for the defendant, it would be tanta-
mount to saying that the plaintiff and his clerk were
perjured. . .

The jury, after some consultation, had to retire, be-
cause as the foreman stated to the judge, he believed the

evidence of the plaintiff and his clerk, hilt that the rest

of the jury did not.

Verdict for the defendant.

SETTLEMENT OF THE GLEN TILT CASE.—This cele-
brated and important case has, of consent of the de-
fendor," resulted in a finding that there is a public road
through Glen Tilt, and in the duke being found liable
in the whole expenses of the process. We believe that
this termination of the case has been reached on an un-
derstanding that the pursuers will not resist an intended
application by the duke to the road trustees for leave to
make a new road deviating from the present track in its
lower part for two or three miles.—Scotsman.