The Sun.
London, England, 1825-12-14 00:00:00

COURT OF KING'S BENCH, DEC, 13.

ASSAULT.—NOTTAGE v. DEAN- ,„aa
44,
This was an action by a fruiterer in the Corn=
against a publican for an assault. 'rite case, as proved by the
plaintiff's witnesses, was, that the defendant came to his house
on an evening in last Jul:), to ask for a debt ; and on some fit
plaintiff'
r
swer being given which did not satisfy him, struck the plaintiff
a blow on the eye. It appeared, however, that there .0 I
negotiation for a compromise, and that the plaintiff' parteek:.
a leg of lamb at the defendant's house; but, from some In"
understanding, the matter was not adjusted.
The defendant shortly addressed the Jury himself, and
stated that he had lent the plaintiff 1.51., and knowing ,1181 ,t 1
had received money, went to ask for payment, when the P,"';tl-,
tiff's wife and children insisted on turning him out 0, the
house, upon which he struck the blow which had been ms
the subject of the present action. • tiff
The Lora) CmEr JUSTICE told the Jury that the plain
was entitled to a verdict; but the case seemed to him 01 2 Yet'
trivial nature.
40s•
The Jury returneda verdict for the plaintiff—Damages'

MURIEL V. KINNEAR. is-
This was an action by the plaintiff, as endorsee of a Prnt,
sort' note, drawn by a person named Stephens, for 10019 ag'g
the defendant as endorser. it kale°
Mr. GURNEY said this defendant was a person are.‘"- the
in this Court, and if he forced the plaintiff to enter iflnep
transaction, it would be found that it was fit for the Old B
and there
The formal h
proped it would be taken. „„$ cher'
proof of the handwriting of the parties
Stven.
Mr. cation
SCARLETT, for the defendant, repelled the ohs„..er tbiS
made by Mr. Gurney, and opened a defence of usury "'"jo at
note, with six others, amounting to 7501., were discol`"
500/., so that 48 per tent. was given Ibr the loan.
To prove this case, a person named
stated that 5001. was the whole sum given on the note
s+ Pollock was
that, in fact, an interest in two freehold houses )t
upon-Thames was assigned, and the notes were given had
collateral security. He, however, said, that if the nut'''
been paid, the houses would not have been transferred.
pretended security had turned out wholly worthless. whet ,
The Lon') EF JUSTICE left the jury to SOY, vi„tioue
the sale and notes were a mere machinery to cover a 115 for
loan, or whether the notes were given as a collateral security
the validity of a contract which turned out worthless•,sgetit:.
The Jury returned a verdict for the plaintiff—vs-
-1031., the principal and interest due on the note.
THE KINO V. EVANS. Of
This was an indictment for perjury against an attorney
the county of Glamorgan. The perjury was assigneatcon,' an
affidavit made before Mr. Justice bittledale, in support ;de
application to refer certain bills relative to a trust for th lut
who
fendent's father to taxation. The allegation on whichPPet).rt).
was assigned was, that the bills were not, with a min" gltivemre
tion, delivered until March or thereabouts; whereas they
delivered in the July preceding.
111 r. SCARLETT having opened the case, prod
davits on both sides, including that on which Par_ijurSadie
assigned, and upon the whole of which the Learned
made an order for referring the bills for taxation to diet:, tot,
The Loan CHIEF JUSTICE interposed, and sa"„, re,
having heard all the affidavits, he thought the allegsti-ote-
specting the time of the delivery of the hills was hardly
alto
rial to the question before the Learned Judge; and l':riare
thought, under all the circumstances, that the error as to' ley'
was a mere mistake, into which the defendant had
without any design to swear falsely. eedirP
The Counsel for the prosecution did not insist on proc I,ord
and accordingly, the Jury, under the direction of the
Chief Justice, returned a verdict of Net Guilty. produced the $1:64;

COURT
of the
was called on, but only six of t. Ithi(ei)i
js.Nur
morningoPr Ls
answeredE PLEAS, S
SUMMONSES TO SPECIAL JURORS. else
At the sitting
lent Wr
One of them asked
the attendance of a special juror ? Ills LordshiP anew aunt
that a notice given one clear day before trial was t'_,e„-s v'
practice. It appeared, however, that the summonses w`—asratt
ed only at nine o'clock, last niglit, and the venire/01a'; fling
issued till one in the afternoon of yesterday. The 914.-- °
officer being examined deposed to these facts. ' at tins
Court had recently experienced in theedejlacy
Lord Chief Justice BEST expressed' his dissatisfaction mi.
practice, and said that he would take care it should benTihe
ed in future. No doubt, mu-h of th 'n onvenieoce '• en
from this source. ogling'
There were several special jury cases fixed for this m ,,,
e of
'
but they
were
postponed to a future day, in consequence
irregularity in serving the notices.
CROWDER V. AUSTIN. of a b°se'
Th,s was an a '
• cuon to recover 29 guineas, the price , dos,
toc.the"tr. eam!
sold for the laintiff at All • I ' I • dby del°
t ru ge s, and pure lase had bee
The claim was " resisted on the ground that the horse
sold under a warranty, and turnLd out unsound. o war°
From,the evidence of Mr. Aldridge, it appeared then _,,
ranty was given. The horse was marked in the list with.
,"be
marks—" Dr." " R." and 44 Qt. ;" which meant, that but
animal might be used limr drawing or riding, and was qtdet'rer,"
beyond which no warranty was given. Tile horse' was it "r°d2itioaS
and but for that would be worth iio guineas. The e(mhat the
of sale as marked up on Mr. Aldridge's premises were,,t
in the
horse should be sold to the highest bidder; but t,r°_. pert
evidence, it appeared that a groom attended on Ll._ cb:ing
11 of the plaintiff to bid for the horse, to prevent his To
• sold below his value. oaf cuccsiellsibj'audrlaris"'.
This was a very old praetieLe: lose
plaintiff's groom on this occasion had bid for the coot
against the purchaser and another person. The witness gtO
beloll b
104
not say whether the purchaser knew that a person
• the owner of the horse was bidding against hint. Ile
he did not. Counsel f°
The LORD CiftEr JUSTICE (interrupting the
,‘,,,ioioa
defendant, who was addressing the jury) gave it as bi!,v2,"e was
that the present action could not be maintained. oraiiiititf,
evidently a departure from the conditions of sale 11X evidently at the
by having a person attending to bid for the horse witil_ bow-
intention of being a bola do purchaser. Such a practie!,e boo
ever old or general, was, in his opinion, illegal, whiti,it_r!, often
fide purchasers were kept in ignorance of the fact. He iti:e" wore
considered this question, and the more he did so be be was
clearly was he of the opinion he had mentioned ; and wool"
surprised the objection had not been made before. Hess on ;
rather have the opinion of the Court above on it than, yh'o,Lit
but his own being quite clear on the point, he arow".lo,,e die
the plaintiff; but at the same time give hint liberty top _kis
Court above to have the nonsuit set aside, should it u`
different opinion.—Plaintiff nonsuited.
STATE OF THE COURT• ICE h 34
In the course of the day, the Loan CHIEF JOT • ~ the
occasion to complain of the extreme difficulty of be_3.l./erY
witnesses, owing to the bad construction of the Courta
Ivor
day since the sittings have been held in this Court:
time juries.
complaint has been made by the bench„ the bar, and
L„ll4estea
When the inconvenience was first mentioned, it wss:, Soper,
by Mr. Sergeant PELL, that if. curtains or other 50,4
Of.
were hung near the ceiling, they would have the effecttbuie eche
ening the sound, and thus prevent the very disagrees .I°°‘
which now accompanies time voice when raised sb.9
a_theri-
tone. This suggestion was communicated to time civic we
0,
d noton eh
ehairtdh
by
ymtaht,,...tejru.
ties who have the superintendence of these matters, Oa
tteener.
derstand that a promise was given that immediate
haas beer'
would be paid to it. Since then, however, nothing has ore
than once declared that the present construction
]tadono scups
tends to defeat justice in many instances, as be wideace w3s
that in several of the causes tried, one half of the e
___...------------
rya:he Loan CHIEF J nsTICEr
the col

BIRTH. ni• v• pea'
On the 10th inst., in Doughty.street, the Itttly of
cock, Esq., of a (laughter.

-----
MARRIED. Worccs,
On Thursday, the Bth inst , at Powick Church,
tershire, Ferdinand Ilanbuty. NVilliams, Esq., of "4--O°J,'est
in
l'fibr 014.
park, in 11lonmouthshire, to Elizabeth Ann Pakington, °ll-
couit,
daughter of the late William Russell, Esq,, of Powick.

DIED. f,sq'
Yesterday, at his residence, Camden-town, John Blettt
in the 88th year of his age.
Mrs. Bower
Btlewleortilt,iionnstc.ollhre.ali,Tiallsi.aedm7lt:ettort, of Fleet-streotipho
On the 11th lust., at Greenwich, Mr. George M
Glover, aged 23. teroce,
On Saturday, the 10th inst., at her house, Duncan
in On e 117I6otnillayye,attitoef1121etthaignes,t.,mattsE,
sdewuatrdhasglace, A-en;eorlS6
Southard, Esq., of Totnes, Devon seli;of_.......eirit°r}',

Printed and Published for the PROPita:TORS, itt tile
5 gv
OFFICE, 'NO: 112, Strand, by J. B. CARSTAIIIS.