The Sun.
London, England, 1849-08-08 00:00:00

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the 27th of March, and robbing hire of 171 lhoi ser
Mr. E. Rodwell vies counsel for the pi esecutiot ; Mr. ;
Daseet defended Woods ; and Mr. Bulwer defended e-
-
Lewis.
Tice prosecutor is a jobber at Ca el about six
miles from Ipswich, at which village both the
sonars live, the latttr being a labourer, and the ?:
former the parish schoolmaster. On the 27th of
March the prosecutor went to the Plou be at
half-past seven in the evening, and met therel
men, named Fellows and Woods, to tb• 1-1.7/- A r
latter of whom he let fall that ho had been
that day paid by one Salmon, and that he had the
money in his pocket. Soon after eight o'clock Woods
went out, saying he was " going home to have a hot
supper;" and in half an hour after Fallows also left. In
the course of the evening Woods was seen prowling about
the streets with a huge walking-stick as late as half-past
nice. At that hour the prosecutor left the Plough to go
home, an l when he had reached a corner of the road
shaded by high hedges, be saw two men standing; one
of these he knew to be Woods, and bade him " good
night." The man so addressed made him no answer.
but springing forward felled the prosecutor to the
ground with a blow on the head from a stick, and pro-
ceeded to force a handkerchief into his throat. While
this operation was going on, the prosecutor seized Woods
by the lower lip, attempting to drag from his face a false
pair of moustaches and whiskers. The pain of this
attack caused the robber to mutter for " help" to his
companion, who then lent his aid, and held tt.e head
of the prosecutor as Woods drew from his pocket his
purse. This done, the two took to their heels, and
the prosecutor calling murder, went to his house.
where he was met by a neighbour attracted by hia
cries. Information was given to the police at one o'clock
by the prosecutor, rho charged Woods and Fallows,
with the commission of eels offence, saying he was sure
of Woods, as he had marked his face, but was not to
confident as to Fallows. At half-past five o'clock a mall
passing Wood's house saw him peeping out of his door
mysteriously, and presently after Lewis came by, when
Woods beckoned to him, and they remaincd in convere
sation for some minutes. Immediately after this the
prosecutor and the police appeared at the house of
Woods, whom they found dressed in his school-room,
end presenting maths of scratches on his face, and recent
injury to the lower lip and chin, to which the prosecutor
triumphantly appealed. When Fallows came, the pro•
secutor at first charged him as being the companion of
Woods, but when the two were put together, he with.
drew the accusation, saying that Fellows was far too big.
In Woods' house were found two sovereigns, which ha
accounted for as belonging to a benefit club, and in that
of Lewis were found two sovereigns and a half in ant
outhouse, under an old flower-pot. Soon after this
Lewis was taken into custody, and in his watch fob
was found a half-crown, which he gave two different
accounts of, while it was subsequently traced most
clearly as one of two half-crowns paid by Salmon to the
prosecutor on the morning of the robbery, the prosecutor
stating that he had not parted with any of the money so
paid to him.
Both the prisoners having been found Guilty,
Woods, against whom there was another charge of'
burglary on which no evidence was offered, was sen-
tenced to be transported for ten} ears, and Lewis to two
years' imprisonment.
This case, which did not come to a conclusion till
half-past eight o'clock, terminated the criminal business
of the assize.

NORTH WALES CIRC 1 f.—Chester, Auy. G.
The business of these assizes commenced this morn-
ing ; 7s2r. Justic3 Manic presiding at Nisi Prius, and
Mr. Baron Platt in the Crown Court.
The calendar shows a total of 47 prisoners for trial—
a lesser number than usual at these assizes. The cause
list contains the entries of ten causes—three of these are
for special juries. Two coining cases, of no particular
interest, occupied the Crown Court throughout the
greater part of the day.
NISI PRIUS COURT.—(Before Mr. Justice MAVLE.)

CLARK V. LEACH.

Mr. Evans and Mr. Welsby conducted the case of the
plaintiff, and Mr. Townsend appeared for the defendant.
The plaintiff is a salt merchant at Runcorn. In that
town there is no bank, so that persons in business having
cheques and letters of credit to cash were in the habit of
sending them for that purpose by the captains of ves-
sels going to Liverpool. The defendant is a captain of
a steam-vessel running to Liverpool ; and the plaintiff
entrusted to him a letter of credit for 45/. to cash for
him in Liverpool, which the defendant promised to do.
lie took the letter of credit, cashed it, and, on his re-
turn, gave the plaintiff 51., stating that he had lost
from his pocket a roll of notes, which formed the re-
mainder. It was contended that defendant did not take
reasonable and proper care of the letter of credit, and
was therefore liable.

Mr. TOWNSEND, for the defendant, contended that
Leach was not liable for the loss of the notes, inasmuch
as he was a gratuitous bailee of the letter of credit, not
performing this service for the plaintiff in consideration
of hire and reward, but simply as a personal friend.
The Learned JUDGE said that the questions for the
jury were t%hother defendant was employed to perform.
the du'y for hire and reward, and if so, did he take rea-
sonable and proper care of the money. The evidence
clearly made out that he had undertaken the duty of
cashing the letter of credit in consideration of receiving
remuneration fur the trouble. That being so, assuming
that he was to bo paid, did he use such diligence as a.
man should use when he undertakes such a service for
reward. The amount of care to be employed in such a.
case differs materially from that required where a party
takes upon himself such a duty in the capacity of a.
friend : he is rcgaired to be more strict if he works fur
hire than if he works for friendship. The defendant in.
this case should take such care of the proceeds of the
letter of credit as is reasonably required to protect such
property as bank notes--that is, more care than is suf-
ficient to ensure the safety of less valuable property.
Where a ma'i has to pass through crowded thorough-
fares with such property on his person, ho should exer-
cise proportionate vigilance over it. The questions,
then, to ho considered are—first, whether defendant un-
dertook the duty for hire and reward ; if he did not„
then the verdict should be for the defendant. If he per-
formed the duty for hire and reward, then the remaining.
question is, whether ho bad taken reasonable and pro-
per care of the property. If he had not, the verdict
should be for the plaintiff, if he had, for the defendant,
The jury consulted for five minutes, and then returned
a verdict for the plaintiff for 40/., the amount sought to
be recovered.