The Sun.
London, England, 1849-08-03 00:00:00

BANKERS.

The plaintiffs in this action are salesmen in Smithfield-
market, and defendant is a butcher, and the claim was
for 6/. ss. 3d., the value (if five lambs supplied. This
was a case arising out of the custom of Smithfield-
market.

Mr. SIDNEY SMITH appeared for the plaintiffs, and
said that the defendant had pleaded payment. It would
therefore be unnecessary for him to adduce evidence.
That there had been some mistake there could be no
doubt; but he was far from imputing any ill intentioh
on the part of the defendant, who was a highly respect-
able tradesman.

Mr. CROUCH, for defendant, stated the custom of the
market, which was, that after cattle had been bought the
purchaser went to the salesman's bankers and paid in
the amount, but no receipt was given, the amount being
merely entered to the account of the salesman, who be-
fore the animals were delivered sent the drover to the
bankers to ascertain whether the amount had been paid
in, and if the reply was in the affirmative the animals
were delivered up, and that course had been pursued
in the present instance. The qu-stion, therefore, was
whether the money had or had not been paid to the
bankers, which, from the peculiar mode of doing bu-i-
-ness, might have been done, but entered to a wrong
account. Another curious fact was the mariner in which
the communication was made to the salesman that the
money was paid, which was by the drover telegraphing
by holding up his hand and calling " All right."
Walter Pemberton was called to prove the custom, and
in answer to questions by the jury, he said that some-
times there were fifty or sixty butchers in the bank at
the same time, and there were as many books on the
counter; no receipt was given, and the person paying did
not always s•e the money entered. He was drover on
the present occasion, and swore positively that he did not
remove the lambs until the drover returned and said the
money was paid. _ _

The UNDER-SHERIFF asked the witness why it was
necessary to call " All right," and wave the hind also?
The witness slid it was a custom, he did not know
why, but the drover sometimes could not get near the
told.

The UNDER-SHERIFF— Then sometimes you cannot
hear. I suppose these is a noise occasionally in
Smithfield. Witness—Yes, what with the bellowing of
the cattle, the barking of the dogs, and the shouting,
there is a good deal of noise.
Mr. Gibbs, a butcher, was in company with defendant
when he bought the lambs, and afterwards saw him go
Challis's bank to pay in according to the custom of the
bankers.

The UNDER-SHERIFF said they could not go into the
matter as a custom of bankers, for hankers in Lombard
street, or elsewhere, did not give receipts by sending out
their customers to wave their hands. He asked whether
Challis's were regular bankers or for this purpose ?
Mr. Smith said they were regular bankers.
Witness in cross-examination said, that such dealings
were for ready money, and he did not know that the
salesmen were in the habit of giving credit to butchers.
The UNDER-SHERIFF said it was a very loose way of
doing business.
Mr. SMITH denied the truth of this statement, and
submitted that it was beyond all probability that any
man would pay money in without seeing it entered, but
he should prove that the animals were delivered in this
case before the drover returned to say that the lambs had
not been paid for. This occurred in consequence of the
market being about to close, and defendant being known
to be a respectable man. There was another feet, that
defendant, on being applied to, said he had paid the
money into the bank, and saw it entered in the book.
The book was in court, and defendant might call fur it,
but plaintiff could not make it evidence for himself.
Stokes, the plaintiff's drover, proved the delivery of
the animals, as last stated. Sometimes they were deli-
vered by mistake, but as soon as it was discovered they
were sent after; but in this case that was not done, as
Mr. English was well known.
Popjoy, the drover, who went to the banker's, swore
positively that he did not make a signal—he had been
seventeen years in the market, and always made a re-
port by word of mouth.
Mr. Gooding, clerk at the bank, proved that there
was no entry of payment in any of the bank books;
entries were always made in the presence of the partie•
paying the money. Credit was given to the amount of
20,000/. on Monday. Thq money turned was 100,0001.
a d4y. The salesmen's accounts were made up with
them every evening, and an entry made in error would
be detected.

Mr. Jobson, another clerk, proved the same facts.
Mr CROUCH replied, and said that if the jury iound
a verdict for the plaintiff, it would be imputing con•
spiracy and perjury on the part of the plaintiff and his
witness. He complained that the case had not be-:n
brought in the County Court, where defendant himself
might have been examined.

The banker's book was put in, and on the day in
question there was an entry of 61. ss. for five lambs to a
Mr. Hannah, of Cambridge-heath, and it was somewhat
singular that it was the only instance where the address
was inserted in that account.

Mr. Jobson, on being recalled, said he remembered
making the entry.
The UNDER. SHERIFF asked if Mr. Hannah was pre-
sent, and was answered in the negative.
The UNDER-SHERIFF summed up.
The jury, after consulting a considerable time, said
they were not likely to agree, and were locked up, and
on their return gave a verdict for the plaintiff for 61. ss.

POLICE INTELLIGENCE.
MANSION-HOUSE.

Inspector Mikhell, of the City Police, was summoned
before Alderman Gibbs to show cause why he detained
in his possession a gold watch, the property of Mr.
John Inman. The circumstances were remarkable.

Mr. De Jersey, who attended as solicitor to the com-
plainant, briefly stated the case, which was borne out
by the following evidence:—
Mr. John Inman, of No. 40, Cloth-fair, said—On the
19th of July I purchased for 101. a gold watch, which
was made by Messrs. Widenham and Adams, at the
auction rooms of Messrs. Debenhan? and Storr, in York •
street, Covent-garden, to whom it appeared to have
been sent as an unredeemd pledge, and I took it on
the same day to the makers, in Lombard-street, to
be repaired. I told Mr. Widenham that I should
call again on Tuesday, and I accordingly did call, and
paid him I2s. for the repairs. When he handed me
the watch, I asked him the value of it, and he said
it- had cost 35 pounds or guineas there. I ob-
served that at that rate I should not be a loser by it. He
smiled, and I was on the point of departing, when a
policeman (Storey) stood by my side and asked me
where I got the watch. I told him where I had pur-
chased it, and what amount I had paid for it, and he then
informed me that it was stolen property and that I must
accompany him to the station-house. I went with him,
considering myself to be in custody, and the charge was
regularly entered into. The watch was taken from me
by Storey, and it
was given by him to Inspector Mitchell,
in whose possession it still remains, for it was never re
turned to me. I had to go with him to Covent-garden,
to Messrs. Debenham and Stores, whence he took me to
the shop of Mr. Attenborough, the pawnbroker, in Pim
lico. We then went to the house of Mr. Cubitt, in Bed-
ford-square, and then returned to the station-house in
Bow-lane, where I was discharge d and told that I should
bear from the police the following day.
Inspector Mitchell here handed to Alderman Gibbs,
the watch which Storey had taken from Mr. Inman, and
placed in his possession in the course of his duty.
Mr. William B. Storr, of the house of Debenham and
Storr, auctimers, of York-street, Covent-garden, said,

—Oa the 19th of July we sold a watch (lot 131) by
public sale. It was A gold lever watch, made by Widen-
ham and Adams, and we received for it the sum of 101.
It was the fourth day's sale of valuable forfeLed and
other property, as expressed in the cwalogue. The
watch cami into our possession from Mr. Attenborough,
of Pimlico, as an unredeemed pledge, and we put, the
10/. down to the credit of his•account,

In answer to questions from Mr. De Jersey, Mr.
Storr said," The money has not been paid to Mr. Atten-
borough. We do not itiqttire whether property is an un-
redeemed pledge or not. No ticket was produced We
have a list of the go ids furnishel by the pawnbroker
for sale—the original manw,cript of the catalogue. Ido
not know the watch. It is marked as sold for money,
not by name, and Mr. Dabenham sold it."
George Lawes said—l am in the employment of Mr.
Jag Attenborough, pawnbroker, of Pinalico. I bought
a watch of a lady on the 25th of Nl.trch. I believe it to
be the watch produced. It was very much like this
watch. Ido not like to swear that it is the same, but
I believe it is. It was given over to the auctioneers in
my presence. Mr. Att nborough has it enter• d as pur-
cha,ed for 71. He enrered it, I having bought it for
that sum. Sometimes I enter things in the hook. Mr.
Attenborough was out at the time I made the purchase.
Alderman GIBBS Di) you in,quently purchase things
in this way? Witness—No, not frequently. We some
times do. The watch was given to air. I)ebenham by
Mr. Attenborough to be sold. I should not think it wss
given as an unre.teensed pledge. It was given along with
others which were unredeemed ple:lges to be sold. They
all go together in a eatAl, egue headed " Forfeited goods,
and other effects." lam not aware that there was a re-
served price.

Alderman GIBBS—From a horn do you say you pur-
chased the watch? Wirn-ss—From a lady.
Alderman GlBBS—Nutt' take care what you say.
Have you seen any one, since about this watch? Wit-
ness—[ have ✓seen Mr. Cubit 's lemale servant since the
inquiry was instituted. The inspector took me to Mr.
Cubitt's house in Bedford-square and I there saw that
gentleman and the servant girl.
Alderman GIBBS—Had you seen that woman before?
Witness—l firmly b-lieve that I never saw her before.
Never to my knowledge.
Alderman GIBBS —Was she the lady who sold you the
watch ? Witness—No ; she certainly was not. She
was a perfect stranger to me.
Alderman Gunts—What were the name and ad ress
of the lady who sold you the watch? Witnet-s—Sht-
told me that her nam,, was Courtn-y, and that she
wanted to sell the watch for a friend of htrs, her late
governess, Mademoiselle ,Charton, who was in distress,
and she said her friend resided in " Lee River-lane," in
Paris.

Alderman GIBBS—What way the ad tress of the lady
herselt ? Witness—She did not 1 ke to give her address,
but she said she was a perfect lady.
Alderman GIBBS —Was there anything attached to
the watch ? Witn-ss—Yes ; I believe there was a gold
guard .chain attached to it.
Alderman GIBBS—What became of that gold chain ?
Witness—lt was sold with a miscellaneous lot of jewel-
lery to a jew.
Alderman G IBBS —A n d the gold chain wa included
with the watch in the price of 71 ? Witness—Yes ; but
I am not sure it was gold.

Alderman Ginns-bid you give the lady any ticket ?
Witness—No.

Mr. Lt.wis Cubitt, of Bedford-square, brother to Mr.
Cubbit', M.P. for Andover, said, !his watch belonged to
my daughter Agnes. On the 26th of March she missed
it, and we supposed it was lost, and I went on 'he fol-
lowing day to the watchmaker in Lombard-street, got
an accurate description of it, and offered a reward of 51.
for its restoration. (Mr. Cubitt here read the descrip
tion, which agreed in every rspect with the watch )
About five years ago it was purchased by my brother,
and presented by him to my daughter. I more particu-
larly identify it by the dial, which, being silver, became
black, to alter which I got it gilt. We have had reason
to suppose, since the watch was missed, that it was not
dropped in the street, as was at first conjectured, for two
or three things have been missed since. There was, at
the time it was lost, a gold chain, about two yards in
length, to which was appended a small chain, with a
seal, for which I had pail 81. 17s. in Cornhill.
Alderman GIBBS—My impression is, that the conduct
of Mr. Attenborough's assistant was anything bui what
it ought to have been, and that therefore Mr. Attenbo-
rough ought to sustain the loss; that the watch should
be returned to Mr. Cubitt, and that Mr. Debefliam is
hound to give up the ten pounds he received trom
Mr. Inman. I advise the parties to abide by that opi-
nion. It is my view of the question; but if those who
are interested do not submit to such an arrangement,
another course must be adopted.
The solicitor who attended to watch the case for Mr.
Attenborough declined, upon the. part of his client, to
accede to such terms.

Alderman GIBBS —Then I trust the case will be car-
ried as far as possitile; and I shall grant any suminonsi!s
which Mr. Cubits may require for further investigation.
Mr. De Jersey and a professioaal gentleman who at
tended for Mr. Cutaitt said that nothing could be more
equitable than the view which the Alderman had taken
of the whole transaction.

Mr. Cubitt satd, that when the officer (who had made
extraordinary' exertion* in the invest►gation) brought
Mr. Attenborough's assistant to his house in Bedford-
square, there was something very remarkable in the con-
duct of the latter. When brought into the room in
which the suspected woman was he held his hand before
his face, and would not look towards her; and, upon
being spoken to on the subject of her identity, he *aid
that he had instructions not to sly a e orti unle*s Mr.
Attenborough was indemnified from any 1054. The idea
of indemnification in such a case was, as a • matter of
course, altogether rejected; and the young man sidled
Out of the room without once looking at the woman.
Inspector Mitchell—Mr. A,tenborough's as,,istant re,
fused to give us any name or any information we con-
sidered necessary.

Alderman GII3-139—1 again repeat that my advice to
Mr. Attenborough ought to be take❑ by him.
No answer having been giv- n to the Alderman, sum-
monses were ordered to be issued, at the desire of
Cubitt, requiring the attendance of Mr. Attenborough
and other persons to give evidence, and private direc-
tions were given to the inspector, in whose hands the
watch is to be kept until the inquiry shall have assumed
a still more serious complexion.