The Sun.
London, England, 1849-04-16 00:00:00

TOWNE V. LEWIS.

Mr. Iltraitaxv, Q.C., moved for a rule -to show cause
why the verdict in this case, which had b een given for
the defendant on the trial in Middlesex, should not be
set aside. It was an action of trover on a bill of ex-
change. The plea was "not possessc d ," and " not
gulilty;" and upon both those pleas t b e Lord Chief
Justice, who tried the cause, thought the defendant
was entitled to a verdict. The plainti Ef (Mr. Towne)
had been sued as the indorser of a bill -of exchange in
the Lord Mayor's Court, and he paid ;OW that court
the amount of the bill of exchange undf ,r the summons
from the court. Having paid the ino ry, he sent to
the defendant demanding the bill of exr rinange, and the
refusal to deliver up which was the question in the
action. The question was whether this, -in law, was a
conversion or not. The defendant upon. ',being asked to

give tip the bill said he had not got. it, but it was tho
hlntis lir. Bisg,,oti, ftti:orttee, to
let red the applicant, who, however, (I...Tlin:to to a,k
Bi good fi,r it. Ile (Mr. Ilumfrey) contended that 0'
a conversion by the defendant.
The LORD CHIEF JUSTICE was of opinion, that the
verdict was well warranted in finding that there was
conversion. Although no reason was assigned by tl
evidence why the defendant had not procured the bll
from his attorney, yet the whoki conduct of the defend"
ant appeared to him (the Lord Chief Justice) to be ca.
sistent with a bone fide intention to deliver the bill°
the plaintiff.
The other Learned Judges concurred, and the 0118
was refused.

In the course of the morning Mr. Sergeant Kingisk,
Mr. Keating, Mr. Calvert, Mr. Roundell Palmer, x.l'
Hope, Mr. Matins, and Mr. Lloyd, appeared in court °t
full forensic costume, and at the request of the Lau
Chief Justice, severally took their seats within the bar 00
the occasion of a patent of precedence having been Coo'
furred on Mr. Sergeant Kinglake, and of the otbef
Learned Gentlemen having severally been called to chi
degree of Queen's Counsel. The usual formality Nava
been observed, the Learned Gentlemen immediatell
retired.

BAIL COURT.-(THIS DAY.)
Mr. Justice Coleridge sat for a kw minutes in 0,
Bail Court this morning, but no motion calling for'
report came before him.

CRIMINAL COURT.—(THIS DAY')
OLD COuli T.
(Before Mr. Baron PLATT.)
FORGERY.—John Cutts, solicitor, of Colchester, 03j
William Evans, his clerk, surrendered to take their the'
on a charge of forging several receipts for money. j
Mr. M. Chambers and Mr. Robinson prosecuted, sad
Sir F. The Ager, with whom was Mr. Prendergast, de:,
fended Cutts, and Mr. Sergeant Wilkins, with V44l°'
was Mr. Ballantine, Evans.
Mr. CRA3IBERS, in stating the case, said the eld
prisoner had for a long time practised in the county ,
Essex as a solicitor, and the other prisoner had acted;
his clerk. The prosecutor, Mr. Ednian Galway, 1/
married to the daughter of Mr. CULLS'S housekeeper ee
the sister of the prisoner Evans. At the period of his rafe„ti
riage the prosecutor was under age but the prisoner CU
advanced him 1504 to defray the expenses of the moment,
t,'
Some two or three years ago a Mr. Smith bequeathed
to three of his nephews, one of whom was the prose;
cutor, several lots of freehold property, situated in tho
parishes of Great and Little Bardfield, Shalford,
Baistow, and the prisoner Cutts was appointed truste;
Soon after the death of the testator, Mr. Cutts, as the"
legal adviser and guardian, recommended the three 031
phews, who were brothers, to sell the property, el,
convert it into money. The brothers adopted the 0,
v.,
vice, and the property was advertised to be sold
~!
auction, and a tenant of Mr. Cutts's, named Pranh„,3; 11
was employed to act as auctioneer at the sale. ",s1
property at Shalford was sold in seven lots, elto
that at Baistow and Great and Little Bardfield.
one, making eight lots in all, and it was ,
the transaction which formed the subject of this chargo
had reference to the last-named property, which //,
called Lot 8. On the 9th of June, 1845, the prn.,
cutor being still under age, the property at Baistow
Great and Little Bardfield was knocked down to w'
Cutts, for 2,5001, on condition that he made cot:opal
tion to the out-going tenant, who was then the polio
cutor. Mr. Cutts was to pay a deposit of 2501., as IA
purchase could not be completed till the prosecutor en,
of age; but, although possession of the property /./4
given up to Mr. Cutts, and the compensau'e,
due to the outgoing tenant ascertaine 1, he 13e /o•
paid either the one or the other. He, however, 1133130
repeated advances of money to the prosecutor in to
shape of loans, which advances added to the • previe,,
money lent to the prosecutor on the occasion of his 017/,
riage, made a total of 2631., and on the sth of July, 18;b8
the prosecutor was induced to sign five receipts, 'l,B
bodies of which were written in the handwriting Of /co
prisoner Evans, as acknowledgment for the ado.°
Ia Mr. Cutts had from time to time made to him. to
mean while the prosecutor came of age, and belo
dissatisfied with the manner in which the proper if
had been sold, he filed a bill in Chanced
for the purpose of annulling the contract
sale, on the ground that he was not of .e
01
when it was agreed to, and commenced an action o„
ejectment to compel Mr. Cutts to restore him possesti,
of the estate. To the bill in Chancery Mr. Cutts 035
a lengthened answer, admitting that the prosecutor Tlog
under age at the time the sale took place, but allegtof
that since he had attained his majority the prosectio
had signed five papers, or documents acknowledging
receipt of part of the purchase money. and there
ratifying and legalising the contract of sale. Subs
01,
quently an inspection of the receipts was dente"d
and upon it being granted it was discove'd
that since they had been signed the vr3
" O. A , lot 8 " had been inserted, so as to make it es
pear that the money had been paid in part liquideap
of 2,5101., the price for which the property had e 7,1
sold, and not advanced to the prosecutor by the wet,
loans. The insertion of these words constitute the „cet
gery, and the question the jury had to decide aft
hearing the evidence would be, first, whether or re
the words were inserted after the signature of the P•
secutor with the view of defrauding him; and scoot)
whether or not the insertion was made by either or by
of the prisoners.
(The case was proceeding when we went to press.)

BOW-STREET.—(THIS DAY.) of
James Edward Bazeley, a letter-carrier in the SteP°4l
district, was charged with stealing money from
serer`
letters letters entrusted to him for delivery on Saturday
no
It appeared that in consequence of some stisPic`c'e
entertained respecting the prisoner, Mr. Sculltbo%o'
principal inspector of letter-carriers, enclosed
fios
marked half-sovereigns in a letter addressed to a 10
051
on the prisoner's walk. It having been d
tained that the letter had not been deliv-bio
the prisoner was taken into custody. Upon uolf,
were found the remains of the letter and the Ph
sovereigns. Other letters were also found upon ;0(1
which ought to have been delivered the same day'
some of these had evidently contained money. eil
He was committed on the first charge, but ordehet
to be brought up again on Monday next, upon °l-
charges which will be brought against him.

MARLBRIII—( IS DO'
Afet
Mary Fitzgerald, an elderly woman, and Mar,
Fitzgerald, Fitzgerald,
,her daughter,were brought before Mr. soove
wick, charged with having stolen two sable skins,/ red
2/. 10s., the property of Mr. Philip Levi, a furrier,
siding at Edinburgh.
Mr. John Angustus Nicholay, furrier, No. 82, Olflit;
street, deposed that on Friday last the two prisliell
came into his shop and produced two sable skins, °able
they offered for sale. Seeing that they were vaitioe
skins, ho asked them where they got them from? 0
elder prisoner replied that they were given to her os
Mr. Levi, of Thurloe-place, Brompton. Witness
se;
not satisfied with this explanation, and suspecting lie
the prisoners had not come by the skins honestihriel
said he should detain the skins until he made in'J the
about them, and if he found that they had come bYOO
skins honestly he would purchase them. The prise,'
tp
then left the shop, and witness sent one of his lad Di
follow them. On the lad's return he told witness `6t,
he had followed the prisoners to Church-street,tter
Giles's, where he lost sight of them. On SaturdaYlv
he
noon the prisoners came again, and from informati°°
had received he gave them into custody.
Mr. Philip Levi stated that he resided at Edinbv,
About two months ago he was in London, and lodgcuor
15, Featherstone buildings, where the younger Pri.,,s°oll
was servant. The skins produced were his prerkieo'
and had been stolen from a bundle containing 150 l'ades
He never gave the prisoner the skins. Witness 0,090
that he hoped the magistrate would deal with the„" 01
summarily, as he had important business to attend '-
Edinburgh.
woo, The prisoners, who declined offering any de—brss
were committed to the House of Correction for
months, with hard labour.

MARKET NEWS.-(THIS DAY')

CORN EXCHANGE—MONDAIf.
During last week, up to Saturday evening, the
vals of all articles of Grain, as well as Flour, coseto
and by land•carriage, were very small. Those fled
Ireland were confined to a few quarters of Malt,
from Scotland a few cargoes of Oats. The ,i, fore et'
imports have amounted to 14,365 quarters of v"iiittO
10,361 ditto of Barley, 23,907 ditto of Oats, 2,719,
of Beans, 522 ditto of Peas, 35 ditto of Tares,. 2'40
of
ditto of Linseed, 1,000 ditto of Rapeseed, 51
sundry Seeds, 1,175 sacks and 1,222 barrels of ••• the
A portion of the above has been received froni
.0)
Baltic, and we have advices of several vessels laden to
Grain having passed the Sound from Dantzic. upset
the present time, therefore, the Danish war hes
001
had the effect of preventing arrivals from the Elbe so#
other northern ports; but it is obvious that 113 "001
tinuance will check importations ere long.
~4.1101
foreign advices, received this morning, state that u
is rising in value in several of the continental PSiir
For this morning's market a very limited supply of 000
lish Wheat came to hand from Essex, Kent, or 011001
bridgeshire. The show of samples of both reelarecl,
white was small, and of fair average quality, oe°3l"-atO
with recent arrivals. The attendance of both towriaigri
country buyers being good, and the importers of Or ;
leer
grain almost generally not bein- disposed to fora 13-004
the demand for all kinds of Wheat of honae-proda3oo'
somewhat active, at an advance in the quotations bicli
day last of from is to fully 2s per quarter, and et Wrice4
a clearance was effected at an early hour. The tees
he
however, did not close so firmly as it opened.
quantity of Foreign Wheat was not so large as thatbjf
hibited on this day se'nnight, yet it proved moo°o for
large. There was a decidedly brisk inevill lief°
this article, as most of the leading 11:1100.,
appeared to be somewhat short of stock.. ox
dry qualities of white sold steadily at e. loos
3s. per quarter. The middling and interior Ic.inus. 00
2s. per quarter, and a somewhat extensive business the
transacted. Floating cargoes were mostly held sit
above amount of improvement. A few found bil)nfoss
ls. to 2s per quarter more money, chiefly for the do'
coast. The quantity of Barley on show was in°
Malting samples, both English and foreign, produce ocelg,
per quarter more money. Grinding and distilling Poiglo,
moved off steadily, at very full prices. We had ststioa'
improvement in the sale for malt,
ruled the turn in favour of the sellers. The
and the clu°oooll,
was very moderate. There was a fair eriiste, of
Oats at 6d. to Is. per quarter above the the ii°v
Monday last. Nearly the whole of s
_„tioe"
imports of foreign have passed into consume mt. 00
trifleßeans were i
on
nemoney.
Themoderate
salesu p
forly•, andvea
Yeas
wassteady.
and Maple qualities were 2s per quarter higher.

kinds ruled quite as dear. Indian C)rn at an r.(lvaueo
of is to 2s per q: rter. Mcal h&,* f
The Flour trade Yk as firm, and the currtncics vitae a
shade higher.