The Sun.
London, England, 1831-06-24 00:00:00

COURT OF COMMON PLEAS.

DEAN AND ANOTHER v. MIVAR
Mr. Serjeant WILDE stated the case. It was an action
brought by the plaintiffs, Messrs. Dean and Davis, the wel
known boot-makers, in Bond-street, to recover the suns of
42/. 12s. for boots and shoes supplied the defendant Mr. Mivart,
jun., son of Mr. Mivart, the proprietor of Mivart's Hotel, in
Brook-street, llonch.street, whilst a student at the University of
Cambridge. The defendant had put in a plea of infancy, which
was admitted by the plaintiff, but contended they were neces-
saries.
William Benzetta, a shopman to the plaintiffs, stated that he
knew the defendant, James Edward Mivart, Esq. In the
month of January, 1826, lie (the witness) delivered a pair
of shoes, ordered by the defendant, at Mivart's Hotel,
and they were paid for. In the month of June, 1828, the de-
fendant came again and selected a pair of boots, which were
packed_ up by his directions and forwarded to "E. J. Mivart,
Esq , Redbourn-hall, Lincolnshire." In the next a pair of
hollow boot-trees charged at three guineas, and a pair of dress
shoes, were by the defendant's order sent to Redbourn Hall. In
the month of November he sent a pair of hunting-top-boots to
the defendant at " Peterhouse College," Cambridge. There
were two other pairs sent on the 29th of the same month, and a
pair of walking shoes.
Cross examined by Mr. Serjeant TADDY—Two pounds four..
teen shillings is the usual charge for a pair of Wellington boots.
That •is the charge in the superior shops in the trade. They
charge the same at various shops in Bond-street. One guinea
is the regular charge for a pair of blue morocco slippers.
Re-examined by Mr. Serjeant WILDE—Boots and shoes are
charged considerably higher at the West-end than at any other
part of the town. The rents are higher there.
William Howell, another shopman to the plaintiff's, had left
boots at Mivart's Hotel for the defendant. He was not at all
looking like a boy, and wore a large pair of black whiskers. Had
seen him driving about the town in a buggy, and associated with
all the men of fashion. In September, 1828, the defendant ordered
a pair of hunting boots, and two pair of very strong Wellingtons
these were sent to Redbourn-hall, and in February, I8"9, he or-
dered a pair of blue morocco slippers, and, at his desire, they
were sent to his father's, at Mivart's Hotel. The charges were
the usual charges at their shop.
Cross-examined—We charge IL 10s. for mending a pair of
boots ; but then we make the old ones new.—(Laughter.)
The LORD CHIEF JUSTICE—Then you charge too little.
--(Laughter.)
Cross-examined—Upon looking at the account, I find that in
the course of seven months, twelve pairs of boots, from 21. 14s. to
31., were supplied the defendant, and four pairs of shoes.
Joseph Reading, another shopman to the plaintiff; proved de-
livering at various times boots and shoes for the use of the de-
fendant, at Mivart's Hotel, in Brook-street.
Mr. Samuel Hobley, a boot-maker in Lisle-street, Leicester-
square, said he had been acquainted with the prices of boots and
shoes at the west-end of the town, and the charges in the ac-
count now produced were the regular charges.
Cross-examined by Mr. Serjeant TARDY—We charge accord.
ing to the quality of the materials and workmanship. You may
buy a pair of shoes for three shillings, or you may buy meat at
various prices, of timber.—(Loud laughter.)
Mr. Serjeant TADDY—I know full well that I can buy apenny
cake for a penny—(Laughter)—but

The witness here interrupted the Learned Serjeant, and
said there are many of you, gentlemen at the bar, that will take
a brief for a guinea, but others will not take one under five.—
(Loud and continued laughter, in which his Lordship heartily
joined.) I have made boots for the Duke of Wellington and
Lord Palmerston, and I always charge them 2/. 16s. a pair.
Mr. Serjeant TADDY--- Aye, I suppose that was when in
office ?.--( Laughter.)
Witness---No, Sir, not exactly, 1 charge them the same now.
Mr. Serjeant WILDE said that was his case.
Mr. Serj. TADDY, in addressing the Jury for the defendant,
said that it was admitted on the record that the defendant
was an infant at the time he had been supplied with
the goods now in dispute, but he would ask them whether, as fa-
thers of families, and men of the world, they did not think that
424 12s. was not an unnecessary charge for boots and shoes for a
youth of tender age for the space of seven months? Would it
not have been more honourable, and more tradesmanlike in the
plaintiffs, who knew the father of the defendant, to have con-
sulted him on the subject before they allowed him to go so far,
instead of allowing him to go on in his profligate and extrava-
gant style. It had been stated that he drove about in his
buggy—the les' then, he would wear out his boots and
-shoes His' Learned Friend would wish to shew that because
his client wore black whiskers, he should be charged with 12
pair of boots and four pair of shoes in seven months; but why a
young man wearing whiskers should be so charged, he waikat a
loss tirconjectnre. He-would put it to the Jury as men of ex-
perience, nay, if the box were tilled with twopenny-postmen, he
would ask them whether it was possible for either of them to
wear out such a quantity of boots and shoes in the period of
seven months, particularly of the quality' of the boots in ques-
tion. The question, therefore, for the Jury would be, were
these extravagancies, or were they necessary ? 10 . had
been paid into Court, and it would bo for them to say whether
that sum was not sufficient, and whether the plaintit% had not a
righttzsitar.p the defendant's credit when they found he was
g
The LORD CHIEF JUSTICE summed up, and the Jury
found a verdict for the plaintiffs—Damages, 25/. and costs.

WESTMINSTER SESSIONS-(THIS DAY.)

William Brown, a young man of respectable appearance, was
indicted by two of the new police of the B. division, named
" Goose and Webb," for picking the pocket of a person unknown
of a silk handkerchief, value 4s. 6d.
'1 he evidence of the two policemen being of such a conflicting
nature, the Jury arose and said they would not trouble the
Chairman to proceed with the case any further, and instantly
acquitted the young man.
James Atkinson Cowan was indicted for obtaining under false
and fraudulent pretences a quantity of broad-cloth, value 81.,
from Messrs. Addington and Corbet, the clothiers, in St.
Martin's-lane.
Mr. PHILLIPS, for the prisoner, discovered an informality
in the indictment, and the Court ordered his acquittal thereon.
George Hale was convicted of stealing a book from the shop
of a bookseller in Russell-court. The sentence, was, however,
deferred.

SPORTING INTELLIGENCE.

TATTFRSALL'S.

was confined to the July Stakes. Miss
CalnlticeybtitkinrgdYJee'rtseerd yasYcolt, and Palais Royal, are in some de-
mand, and two or three outsiders are likely to come into the
market by the next betting day. We subjoin the closing oddb: _

NEWMARK ET JULY STAKES.
9 to 2 agst Lord Exeter's Beiram (taken)
5 to 1 agst Lord Jersey's Middleton colt (taken)'
6 to 1 agst General Yates's Zora colt
6 to I agst Lord G. Cavendish's Barossa colt
7 to 1 agst Lord Exeter's Palais Royal colt
NEWMARKET FIRST SPRING MEETING, l&tl.
The following . three horses have been within the last day or
two engaged against each other for 200 each, h. ft, to run the
Rowley Mile, in the above Meeting, carrying Bst. 41b. each :
Lord Verulam's Vestris, by Whalebone; Sir M. Wood's Camo-
rine (Juniper filly) Mr. Vansittart's•Rubini (Slight colt)
BETTING IN THE COUNTRY.

DONCASTER ST. LEGER.
13 to 2 agst Lord Jersey's Riddlesworth (taken)
7 to 1 agst Lord Cleveland's Marcus (taken)
10 to 1 agst Mr. Skipcy's The Saddler (taken)
12 to 1 agst Mr. Robinson's Liverpool (taken)
14 to I agst Mr. Stonchewer's Zany (taken)
14 to 1 agst Mr. Houldsworth's Circassian
16 to 1 agst Mr. Bower's Sir John
20 to 1 agst Mr. Beardsworth's Colwick
2-2 to 1 agst Lord Sligo's Bras de Fer
25 to 1 agst Mr. Houldsworth's Frederica
25 to 1 agst Mr. Walker's Victoire
27 to 1 agst Mr. Ridsdale's Honest John
27 to 1 agst Mr. Vansittart's Rubin' (Slight colt)
30 to 1 agst Mr. Cooke's Incubus

NEWCASTLE RACE S.

MooAy, Jura 20.—A Produce Sweepstakes of 50 soy%
each, h. ft. Two Mae. Bst.

Mr. Ricirlell's bl..c. Gai!opade:byii:l.sy;
Mr. Gescoigne's b. f. by Catton, 'lntlla 2
The Tyro Stakes of 25 soya. each. Three quarters
of a mile.

Mr. M..tealrs b. f. Myrtle, by Wanton 1
!Fir IL K. Dick's b. f. Miss Mary Ann, by Truffle
Lord Elcho's b. G by Canteen...
3,1 r. Attwood's gr. f. Francesca, by Mozart. 4
7 to 4 agst Myrtle, and 5 to '7 agst Miss Mary Ann.
Renewal of the Gosforth Stakes of 25 soya. each, 10 ft.
Two miles.
Marquis of Cleveland's b. h. Stotforth, 5 yrs (T. Lye) 1
coL Cradock's ch. c. The Barber, by Figaro, 4 yrs 2
Lard Elcho's br. h. Brunswick, by Comus, aged.. 3
Even betting on Stotforth, 2 to 1 agst Barber and Bruns-
wick. Won by a head. •
TugsDAY.—Sweepstakes of 5 gs. each, for horses bona
fide the property of Members of a Fox-hunting Club.
Two miles and a distance.
Mr. B. C. Ilderton's b. f. Meg Merrilies, 4 yrs
Mr. C. E. St. Paul's Baronet, by Young Better, aged 2
2tol on Meg Merrilies. A good race.
His Majesty's Plate of 100 gs. Four miles.
Sir D. Baird's b. c. Carolan, by Catton, 4 yrs (T. Lye) 1
Lord Scarborough's br. h. Cistercian,by Catton, 5 yrs 2
Mr. Attwood's br. h. Leonardo, by Abjer, 5 yrs 3
Hedley's br. an. Jessy, by Cacambo, aged.. 4
Mr. G. Robinson's Reformer (late Little John), 4 yes 5
5 to 4 on Cistercian ; 2 to 1 against Carolan.
A Maiden Plate of 501. Heats, two miles and a distance.
Mr. Attwood's b. f. Penthesilea, 4 yrs I 1
Mr. Gascoigne's br. f. by Champignon, 3 yrs 2 3
Mr. Henderson's b. g. The Peacock, 4
7 to 4 agst Gascoigne's; 5 to 2 agat Penthesilea.

WELLS RACES.
The Mendip Stakes of 20 sovs. each, h. ft. and 50 added.
Mr. Corbett's Jenny Vertpre, 4 yrs I
Mr. Worrall's br. g. Crescent, 4 yrs :,
Mr. Cavell named Donzelli, 4 yrs 'I
Mr. Codrington named Bivouac 4 yrs 4
Mr. Wreford's bl. h. Wrangler, yr<
Won 'taller cleverly.
The City Members Plate of 50/. was won in two beats by
Donzelli.

PRF,NCH PROSECUTION OP THE PRESS

(From the Morning Chronicle.)
Yes'erday the Courrier Francais was brought to trial
under an old and near!), ol•sol le lie, charged with havint
riven a filse account of the latsdis U lattices at the Assizes
if the Seine, when the cause c inl,l not be proceeded with.
ind was postponed to another S -scion. You rememb r,
!lave no doubt, the circtunst,..".nees. A Juryman (tat
oreman) held up his fi-t in a threatening attitude to.
cards the accused—a witness was called a spy by th,
,ersons assembled in Court, and so on. Well, the Alin-
ter was so annoyed by this stair:rent of circumstances
hat he said " it must be exaggerated," and the Judge.
aid, " Oh yes, the circumstances were not so had
sere stated, or they bboull have interfered—certainly
he circumstances were exaggerated !" Well, then, sai
Perier, if this be so, we will prosk.nste the Courrier
Francais under the old law, for having given an
•ncorrect statement of what has pa,sed in a Cola of
iustice, and we will send the Editor to prison, and fin,
tim. This was a brilliant thought ! Tu stab the cre
lit and reputation of aid Courrier Francais would be
-lelightful, for then no one would beiieVi.'ltthat it said. Si.
o work they went, and the Court was yesterday decupiet
with the affair. The Courrier Francais lad of course
but one reply to make. Either the report was true, or it
vas false. If true, t' tai let them prove it to be so ;if
false, then let them be condemned ! Our account is cor-
"set, replied the Courrier Francais, and we have thirty-
seven witnesses to prove the accuracy of our report.—
This was bringing the question fairly to an issue ! But
.what said the &Ages to aril? Did they say; " Let us
hear your witnesses ; let us hear What those have to
say who were in Court at the period, and who know
all that transpired?" No. The Judges decided that
they would hear no witnesses whatever, for that they
were sufficiently informed of all that transpired! ! !
This requires no comment. It would be to weaken
the effect of this fact did I say even one word.—
The Judges of the Court refused to hear witnesses
on the part of the defendant ! and yet these men
think that they understand the Revolution of July.—
Defeated in his endeavouri to obtain justice, the ac-
cused protested against the inaccuracy of the charge
made ag inst him—read letters from those who were
under trial on the former occasion, as well as from one of
their Counsel, expressive of their conviction that the account
of the Courrier Francais was most correct, and that, as
eye-witnesses, they were ready to swear the report which
had been inserted was not even highly coloured, much less
exaggerated or false—and, finally, the Editor protested
against being made liable for a police report inserted in
his Journal, which was supplied by a short-band writer
present
at the trial. But all this was in vain. The
Judges decided the cause (though a political one) without
a Jury--without bearing witnesses, and upon their own
ex-paste judgment, at the request of their friend and
patron, M. Casimir Perier ! And the Editor of the
Courrier Francais was sentenced to one month's impri-
sonment and a fine of two thousand francs ! This is th"
commercial system. Do you believe it can last ? I tell
you it is impossible. 0. P. Q.

FASHIONABLE INTELLIGENCE.