The Sun.
London, England, 1825-05-17 00:00:00

LAW INTELLIGENCE.

SECONDARIES' OFFICE, MAI 16.
WHEELER V. THE CELEBRATED MR. HAyNE.
This was an action brought by the plaintiff, who had been ser-
vant to the defendant, to recover the sum of 79/. for wages and
for disbursements made in his behalf. .Judgment had been
allowed to go by default, and a Sheriff's Jury was summoned
to assess the damages. The case excited considerable interest,
it being known that Miss Foote had been subpama'd as a wit-
ness for the plaintiff.
Mr. CHARLES PHILLIPS stated the case to the Jury. The
plaintiff was,he said, ayoung man in very humble circumstances;
he had been a gentleman's servant, and now felt himself obliged
to proceed against Mr. Hayne, of whom the Jury, as well as the
rest of the world, had recently heard a great deal, and who was, as
they all learned, an exceedingly rich, and therefore powerful man.
The plaintiff, as servant to this gentleman, on board wages at the
rate of rive shillings per day, was in the habit of disbursing
small sums of money for his master. Although poor in com-
parison with his master, who had perhaps ten thousand pounds
for every single pound in his possession, yet,• having been long
in respectable service, he had saved a sum of money out of
which he was in the habit of making advances to his master
upon occasional little emergencies. Lrpon one occasion lie had,
it would be proved, lent the sum of 20/. to Mr. Hayne's steward,
which formed one of the items in the account. The accounts
were now disputed, a tender of no more than 48/. having been
made to the plaintiff, which he refused to accept, from the con-
sciousness that he was entitled to so much more.,

George Henry Lovegrove stated that his had been
steward to Mr. Hayne ; the plaintiff had been in his service
from the Ist of January, 1824, to the Ist of January, 1825, a
under butler ; witness had often seen him pay money for smal
things, and knew that his father upon two occasions got an ad_
vance of 101. from the plaintiff; for the use of Mr. Hayne.
Mr. William Carter stated that he was the brother-in-law
and attorney of Mr. Hayne ; he knew that the plaintiff was in
his brother-in-law's service, but could not say that he was on
board wages; could not recollect that Wheeler boarded out of
the house ; was almost certain he lived in the house, excepting
a short time in August ; wa,; not aware that Wheeler ever made
any disbursements for Mr. Hayne.
Mr. PHILLIPS—Upon your oath, Sir, have you not heard
these disbursements mentioned in the presence•of Mr. Hayne ?
Witness—Yes, they were mentioned once, but Mr. Hayne
disputed them.
Mr. PHILLIPS—Now, Sir, will you say, upon your oath,
that Mr. Hayne has never paid him for any previous disburse-
ments ?

Mr. Anor.rxtrs—Mr. Secondary, I beg your interference
here; this is not the way in which to treat a gentleman in the
witness' box—upon your oath this, and upon your oath that.
The SECONDARY said he saw no impropriety in the question,
and at the same time lie saw no ground for any imputation
upon the witness.
Witness continued—He remembered Mr. Hayne paying the
plaintiff some accounts, and at the same time telling him not to
make any payments for him in future. Witness did not believe
any disbursements had been made by the plaintiff, because Mr.
Hayne was at all times too liberal in his advances to his servants.
With respect to the sum of 201., Wheeler had himself solicited
that it might be held over to Lovegrove's account. Did not
remember having seen Mr. Hayne more than twice in a hack-
ney-coach.
Mr. ADOLPH us—We have a right to avail ourselves of the
knowledge we gain from all quarters. Pray was not your
brother-m-law in the habit of having a great many carriages ?
Yes.

_
Mr. ADOLPHU s—Of course, when he paid his visits to Kep-
pel-street (Miss Foote's residence is there) he would go in all his
splendor ; in his cariage, and not in a hackney-coach ?—I sup-
pose so.
Mr. PuxLLlPs—Did you ever go there with him ?—I never
did. _ _

Mr. PHILLIPS—He did not think it safe, then, to take hand-
some young men there ?
Mr. ADOLPHUS—No ; but they found their way there with-
out him.—( Laughter. )
The next witness was a young man named Haydon, foot-
man to Miss Foote. _ _ _

Mr. PHILLIPS very considerately said to him—" Now you
are in the service of a lady, it is not necessary for the case that
her name should he stated, and I had rather you would not
mention it."

The footman took the hint, and never mentioned Miss Foote's
name during the examination. Mr. Ilayne was, he said, in the
habit of visiting his mistress; did not, however, ever remember
Mr. flayne's coming in a hackney-coach to see her. Remem-
bered going from Southampton to Bath with his mistress, who
was to meet Mr. Bayne there. Mr. !Jayne was punctual.—
Wheeler the plaintiff went with witness from Southampton to
Bath in a post-chaise. Wheeler paid their expences.—
" Misses" met him at the inn there.

Cross-examined by Mr. Apor.rmus —Do you not know that
Mr. Ilayne always paid for every thing?—l believe he did.
Mr. ADOLPHUs—Do you not know that he was very profuse
in giving his money to servants ?—Yes, he was very much so.
A Mrs. Baker proved that in August, 1824, the plaintiff
lodged at her house for 17 days.
Mr. ADOLPHUS, for the defence, said that his client had
been held out to the world as a man who might be successfully
attacked, sneered at, and preyed upon by every one who might
think proper to select him as an object of imposition. The
plaintiff, seeing how money was to be made, availed himself of
the opportunity, and tried his action, being well assured that if
he lost it he would only be where he was ; and if he gained it
he would have a considerable sum in pocket. The case indeed
was a most abominable one; it was got up to make paragraphs
for the Sunday Newspapers of to-morrow.
Mr. PHILLIPS—That is a design more worthy of the wisdom
of the other side, for Sunday Newspapers are seldom published
on a Tuesday.
Mr. ADOLPHUS—WeII, then, for the newspapers of to-
morrow. I contend that nothing has been proved against my
client, who, whatevermay be the issue, is well content to rest
himself on the bosom of an honest Jury.
The SECONDARY, in his charge to the Jury, said he was
afraid the plaintiff could not go beyond the sum of 481., which
had been offered to him. There had been scarcely a single
item proved.
The Jury assessed the damages at 50 guineas.
Miss Foote received a subpcena to attend and give evidence;.
but as it was apprehended by her friends that the defendant's
Counsel might put some queer interrogatories to her, the plain.
tiff was prevailed upon, as we were informed, to dispense with
her attendance.

SPORTING INTELLIGENCE.

STATE or THE ODDS.—B

ETTINI3-R00317 MAY 16.
II Y.
30 to 1 agst Defiance •
40 to 1 agst Mr. Forth's ch. c:
. • . by Whalebone
40 to 1 agst Cain
50 to 1 agst Fleance.
KS.
12 to 1 agst First Fly
20 to 1 agst Sorcery,
20 to 1 agst Aline

15 to 8 agst Rufus
4 to 1 agst Web
6 to 1 agst Muleteer
7 to 1 agst Hogarth
8 to
1 agst Hougoumont

2 to 1 agst Tontine
5 to 2 agst Pastime
6 to 1 agst Pipylina
10 to 1 agst Dahlia

J)EI

DONCASTER

7 to 2 art Memnon
7 to 1 apt Alderman

ST. LEGER.
10 to 1 agst Redgauntlet.

LIST OF THE MINORITY
Against the West India Company's• Bill.
Althorp, Visct. Johnstone, Col. Smith, W.
Allen, J. 11. Leycester, Ralph .Tulk, C. A.
Brougham, li. Lushington, S. Williams, W.
Calthorpe,Hon. F. Milton, Viscount Williams, J.
Calthorpc, Hon. A. Osborne, Lord P. Wilson, C.
Corbett,' Panton Pelham, J. C.
Evans, William Rumbold, C: E. TELLERS.
Hulse Sir C. Rice, T. S. Burton, T. P.
Hutchinson, Hon. Robinson, Sir G. Sykes, D. •
C. H. Stanley, Lord

A most dreadful murder was committed at Fort
Spain, Trinidad, on the 28th of 'February last,
by a Serjeant Sooky, of the Military Labourers,
on the body of 'a private of the 'same corps, of the
name of Grant. The means Sooky adopted to
put his diabolical intentions into execution were
too brutal to relate, and he added to his unex-
piated guilt by banging himself, in which situa-
tion he was found quite dead.
A man named Collius lost his life, and another
was dangerously wounded, at tiptoe, barony of
Tulla, 'county Clare, a few days ago, while at-
tetupting to.make- a -seizuitUf: 'the stock of his
tenant, named Burke, fo.r-non-'payment of rent
'An inquest was held by R. G.. Greene, Esq.,
eoroner, and a verdict of " Wilful Murder" re:-.
ttirued against Btirke and his associates.

Printed and Published for the PfloPjlivlouet,, at $h SUN,
OrFICE, No. IP, Strand, by J. B. CARSTAIRC