The Sun.
London, England, 1853-02-07 00:00:00

back to London ; and being absent from home
on one merely of the three assizes from the 17th
of February to about the 10th of April. Many
cases, however, might be found where persons,
not realising sufficient to cover the professional
expenditure above referred to, are yet charged
on 2501. or 300/. a-year, as they may be under
the provisions of the unjust and iniquitous law
above referred to, which Mr. BABBAGE thinks
perfection itself, and which Mr. GLADSTONE sup-
poses to be incapable of improvement. Let
" Farther," then, persevere, and we will joyfully
co-operate. The distinction he draws is perfectly
correct, nothing can be regarded as " capital"
the good-will of which cannot be sold and trans-
ferred to any purchaser.

The case of EDWARD JOHN LAMTYDR, who was
tried on Friday at the Central Criminal Court, on
a charge of obtaining money under false pretences,
is one deserving of serious consideration. It is,
indeed, of immense importance to every person
selling or purchasing any article whatsoever. The
former should understand how far they are respon-
sible for selling goods of an inferior description, at
a price beyond their real value. The latter should
learn that caution must not entirely be dispensed
with, and that they cannot always, on being over-
reached in a bargain, institute a criminal prosecu-
tion against the vendor. Great discrimination is
necessary on these points, and much valuable
instruction will be derived from the proceedings in
the present instance.
Before entering into the matter, it is due to the
defendant and to his employers to say, that the
statement was ex parte, the Learned Counsel for
the prosecution only having been heard. It is,
therefore, by no means improbable that Sir
FREDERICK THESIGER, who was brought down
specially for the defence, might have thrown a
very different light on the transaction. Without,
therefore, wishing to cast any imputation on the
parties, we may argue on the statement as if it
had been proved for the purpose of illustrating
the actual state of the law, and verifying the
accuracy of the old legal maxim, that—

" The difference is indeed immense
Between a simple lie and false pretence."

The defendant had, it appears, been shopman
in the establishment of Messrs. BENSON and Co.,
who carried on business as silversmiths and
jewellers, at Cornhill. The prosecutor, a young
gentleman of respectability, passing the shop on
the 31st December last, saw a chain, to which

was attached a ticket, on which were the words
and figures, " Fine gold, 3/. 10s." He was
struck with the article, and, going into the shop,
inquired of the defendant, who was in attendance,
whether it was gold, to which an answer was
given, that "it was not made of the finest
quality of gold, but it was in reality entirely
composed of gold." He was satisfied with this
reply, and bought the article, and also a swivel
and key, paying the sum of 31. 15s. for the en-
tire lot. Some short time afterwards, his sus-
picion being excited, he caused the chain to be
tested by a skilful assayer, who declared that the
metal of which the chain was made consisted of
only one-third of gold, and that of gold and silver
the proportion was only 6i ounces to the pound
troy, the remaining 5i ounces being made up of
copper or some low-priced metal ; so that the actual
value of the chain would not be more than 305.,
although it had been sold for 3/. 10s. As many
complaints had been made on account of similar
transactions, at different shops, it was deter-
mined to take a decisive step. The defendant
was accordingly summoned to a Police Court, and
eventually committed for trial on the above-
mentioned charge.
Such was the statement of the Learned Counsel
for the prosecution, when the Presiding Judge
interposed, and inquired " how he proposed to
show any guilty knowledge on the part of the
defendant, who was merely acting as shop-
man 1" Mr. PARRY argued with his usual
ability and acuteness, that a man placed in charge
of a shop of that description should be taken to
possess "a knowledge of the quality of the goods he
was selling to the public." Baron ALDERSON,
however, thought otherwise, declaring that al-
though the master might possibly be subject to
the charge, if he had made the statement, it could
not apply to the servant, unless some distinct and

positive proof were given of his knowledge of the

inferior quality of the article. In this his Lord-
ship was perfectly correct. If we consider the
competition existing for situations in what are
generally believed to be respectable establishments,
we can easily conceive the result of any prying
curiosity on the part of a shopman. A summary
dismissal would attend any inquiry into the cost
price of each article, or injury thereto in testing
its quality. It should be borne in mind that the
sma 1 proportion of gold in the chain was not dis-
covered until after a careful assay by a skilful and
practised hand. We believe that it would stand
the ordinary test of gold—the application of aqua
fortis, and that was all that the prisoner could ap-
ply, under any circumstances. We believe it may
be received as a general rule, that a servant is jus-
tified in following the instructions of his master,
and, unless thoroughly conscious of the fraud, in
repeating the representations made to him by his
employer, on whose faith they must be re-
ceived. Whenever, therefore, a dealing is with
a shopman, and not with the master in person,
it will be essential to take an express warranty
respecting the article, so as to make the master
civilly responsible, in the event of its not proving
genuine, or in accordance with the representations
made at the time of sale.

Baron ALDERSON, however, went much further
than was necessary to ensure the acquittal of the
defendant. He declared his opinion that even if
it had been the master, in place. of the servant,
who made the assertion, it would not be an indict-
able offence. This is taking much broader ground,
and it is exceedingly desirable that the state of
the law on the subject should be distinctly and
positively ascertained. The line of demarcation,
at present, is very indistinct between the exag-
geration which a large proportion of persons use
in puffing off their wares, and that which consti-
tutes a clear and deliberate act of swindling, for
which the perpetrator should be held liable before
a criminal tribunal. It would seem strange, if
every tradesman who endeavoured to obtain a
higher rate of profit than his neighbours could be
punished, or that the gentry who declare that
they are making " alarming sacrifices," or " sel-
ling at and under first cost," were to be brought
to trial if the intrinsic value of their goods were
not fully equal to the prices received. There is
a salutary caution that should never be dispensed
with—" caveat emptor" is a good rule, and those
persons who must be aware that a genuine article
could not possibly be sold for the price they offer,
have no great reason to complain if it should
prove of an inferior quality, and that the intend-
ing biter should be bitten in the transaction.

THE ORLEANS PROPERTY.—SeveraI packages con-
taining articles of vertu and property of value have ar-
rived by a steamer from France, addressed and con-
signed to his Royal Highness the Duke d'Aumale.
These valuables have been forwarded to this country
from the chateau of Chantilly, for the ex-royal family of
France.
LONGEVITY IN SOUTHAMPTON.-0110 of the oldest
men in Southampton died on Friday last, Mr. John
Weeks, for many years the Southampton agent of the
Salisbury Journal. Mr. Weeks was nearly ninety-six
years of age. There is only one man older in Southamp-
ton, whose name is Hill, a corkcutter by trade. He is
nearly a centenarian.
The chairman of die Cambridgeshire Quarter Sessions
recently stated that in 17 cases for trial, the value of the
property stolen was only 17s. 21d., and that the cost for
trying those cases would not be less than 1501.
THE MURDER NEAR BITTON.—On Saturday morning
Lewis Perran was finally brought before the magistrates
at the Guildhall, Bath, and fully committed to take his
trial at the ensuing Somersetshire assizes on the charge
of wilful murder.
A DISQUALIFICATION FOR CURATES.—The 17....ev. Hugh
Stowell, in the course of a lecture on "Habit" which
he
n's
gave to the members of the Manchester Young
unmeasuredd 1
11 I hire a curate who in u ges
Christian Association on Tuesday night, dentouncee. d the
practice of tobacco-smoking in unmeasured He
said, "Never myself wi
invariably inquire is he a smoker of tobacco ; if h
instantly reject his application
Mr. Frewen, and a
in it. I never now make inquiries fora curatet
ebuist,
deputation of the hop-gr M.P.Ms, had an interview with
Chancellor of the Exclie-
theT h The
Earlil Hon. .
Aberdeen Henry B raaiinddo,,stvhee.r
the Fir#
quer on Saturday at
D owning-street.
Lord of the Treasury in
the official residence of• •