The Sun.
London, England, 1841-11-06 00:00:00

BAIL COURT, Nov. 5.

Lord MARCUS Ilua. took the oaths this morning, in
this Court, in ordor to 'qualify himself as a Privy Coun-
cillor.

RICHMOND V. COLE.

In this case an action had been brought by the plain-
tiff, a chemist and druggist, to recover the sum of
71. Gs. from the defendant for medicines supplied to the
defendant's son, a young man residing at Clapham. The.
case came on for trial before the Secondary of the City
of London, in the month of August last, and a verdict
was returned for the plaintiff with 40s. damages.
r. .1 now applied for a rule nisi for
x nomutit or for a new trial, cot the
..g.romul .-Otatt
lied Medit•ine. as AI;
apothreary, and had not produe,d auy eertificate
front the Apothecariva. Company, nor had he
shown that he was in practice as an apothecary prior to
1815. This, he contended, the plaintiff was bound to
do, inasmuch as he had been applied to by the defend=
ant's son for advice, and had prescribed for him, and
supplied him with the medicines which he thought ne-
cessary. This the plaintiff had not done, and therefore
the Learned Counsel contended the plaintiff ought
to have been nonsuited. This point had been submitted
to the Secondary at the time of the trial," and that
officer, in summing up the case to the Jury had said that
if a chemist gave advice, and supplied medicines, and
only charged for the medicines supplied as he would
have done if he had not given any advice, then he would
be entitled to recover. Now, that, he (Mr. Chambers),
contended, was such a misdirection as entitled him to a
rule for a now triaL

Mr. Justice PATrEsoN—Take your rule on both
grounds.—Application granted.

PINKNEY V. BOOTH.

This was a case which had been tried before the She-
riff of Yorkshire, on a writ from this Court. The writ
was returnable on the 27th July, and on that day the
case had been tried, but the Jury had not returned their
verdict until after twelve o'clock at night. It was for
the defendant. •

Mr. NEWTON now moved for a rule to arrest the judg-
ment, on the ground that as the writ was returnable on
the 27th, the time had expired at twelve o'clock on the
night of that day, and that consequently the Sheriff had
no power of receiving a verdict after that hour.—Rule
nisi granted.

'I he fine was immediately paid, and the prisoners
wee discharged. -
Frederick Fran.& was placed at the bar, before Mr.
Jardine, on a charge of stealing a cash-box, containing
two 20L notes, two Si. notes, twelve sovereigns, and
abotit in silver.
William Fox stated, that he is the landlord of the
Windsor Castle, in Charles-street; Westminster. The
prisoner was in witness's service as a pot-boy. The ma-
hoganpbox produced was the property of witness, -sad
he used it as A cash-box. _about half-past four, Jt, the
afternoon of Tuesday, • the 2d of November, -lie saw
safeb deposited in the box, two 20/. 'Lank of r- Eug•ho,,l
notes, two, ;notes, twelve.soyerelea, ,'about
silver, as well as , his' liceose and oit,er Dif.l„„ra
The .gold wits i,i a leather bag', Nithi!",:ll, With oilier por-
tions of the property, was produce!"J About Len minutes
past six o'clock, witness sate tie prisoner leave the bar,
and he did not again see brm until after he had been
-taken into custody. W•;!.ness went to the bar about a
quarter of an hour elver the prisoner had left the house,
when he discover& that the property had been removed.
- James Cleincy,s, a superintendent of police in Can-
terbury, whet,, the prisoner had been arrested, 'stated
that on Wednesday the 3d of November he gave direc-
tions to Police Constable Morley, inconsequence of in-
fornAW.On he had received, to,apprehend the prisoner,
wilf:was brought to the station-house in Canterbury be-
t".veen seven and eight o'clock in the evening. Witness
told him he had been charged with a felony, and asked
him to give up any portion of the property he might
still have in his possession. The prisoner then drew out
two twenty-pound notes ; and three sovereigns and a
half, and thirty-shillings and eight-pence, were after-
wards found upon his person. The police officer Morley,
on inquiring at the Guildhall Tavern, where the prisoner
had;slept, found there the cash-box, and a carpet-bag.
The prisoner was fully committed for trial. .

MONEY MARKET and CITY NEWS.

FROM THE MORNING PAPERS OF YESTERDAY.
TIMES.—The examinations at the Mansion-house re-
lative to the Exchequer bill affair, have necessarily occu-

pied almost exclusively public attention, as people look
to that source now fa something like authentic informa-
tion, instead of dealing with rumours and conjectures.
That judicial
,investigation, moreover, renders it ob-
viously improper to give circulation to many state-
ments which are current on the subject, es that might
inteirers ivitti the cour,, uf justice or pnijinlice the

parties- aoctited:-. •
•IJ 4ii tttg.- ion.:es, it sippwlrs
that r+- slow progress is t.,-dav in tine delivery
of Exchequer bills marked :As genuine ; indeed, so Inueli

so, that very great complaints are made on the subject;
and making allowance for dark days, as well as a slug-
gish rate of performance, the general belief is that the
investigation will last out the year. It is said that
Lord Monteagle manifests very great anxiety to con-
vince those bankers and capitalists who visit the
Treasury on this occasion, that his system of nia-
nagement is a very complete one, and, in fact, such as
to render fraud or an irregular delivery of bills quite
_ _
impossible.

This in itself has in some instances made

a avourable impression on the parties ; but then they
naturally ask themselves whether that can possibly be
a good system which has produced results so notoriously
bad as those now before the public ? Hence, however
plausiblelbe Noble Lord may be, his efforts are treated
on the whole with a great deal of ridicule, and they
place him in this very awkward dilemma, that if his
system really was a good one, it was very badly admi-
nistered, so as to reduce it to a very defective or bad

one. It seems to remind people of what happened at
the Royal Exchange, when all the " fire-proof " chests
and boxes were found, when opened, to contain tinder
only, though in the newspapers of the same day there
appeared various advertisements from the makers of
" infallible fire-proof boxes."
The business in Stocks to-day was not large, but %no-
tations were pretty steady. In the early stage of deal-
ing an improvement of full * per cent. upon the latest
values of yesterday were quoted, but they were not quite
so good at the close of the day.
CHRONICLE.—The propriety of waiting upon the
Premier by a deputation of bankers and others, to re-
present the case of the bona fide holders of Exchequer
bills, has been discussed in the highest monetary circles,
and in the meantime postponed in consequence of the
apprehension of Rapallo, who was remanded for ten
days, after a lengthened examination at the Mansion-
house to-day, at which Mr. Perceval, the Deputy-Comp-
troller of the Exchequer was present. Mr. Perceval, it
is said, brought a parcel of bills with him, amount-
ing to 15,0001. or 16,000 L, which he exhibited as
forged, stating that at first he had great difficulty
in distinguishing the genuine from the fictitious,
but that he now felt no such embarrassment, and
could at once detect the spurious bills. The only reason
we have heard adduced for this certainty of detection is
that the stamps on the fictitious bills are less vigorously
impressed on the paper than on the genuine bills, and
that there are private notches, or marks, in the margin
of the checks denoting the relative positions of the bills
in the books at the Exchequer-office. That there are
for instance, three bills on each page, 1,2, and 3, and
that there is a corresponding mark on the corner of
each genuine Exchequer bill issued, which does not
exist in the spurious paper. This looks very like a se-
cond or after thought ; at least we cannot perceive
the sense of asking the holders to send up their bills
to be examined with the counterfoil, if the Comptroller-
General was possessed of private marks of any kind
by which he could at once detect the forgeries.
If this be the case, the Government notice should
have declared the fact at first, and intimated to the
public that those which were not genuine could be at
once distinguished, and that the others would be im-
pounded or rejected as forgeries. This story of the pri-
vate mark goes far to prove that the Government begins
now to feel the fallacy of the test of the counterfoil, and
that they must have stronger means of proof. `.lhe com-
parison of the counterfoil is not only untenable as a proof
of forgery, but it is evidently useless, unless every bill
were cut out separately. It two or more bills were cut
at the same time, a spurious bill might pass the test of
the counterfoil with impunity, and there might be vari-
ous bills presenting the same identical checks in
the margin, so as to correspond with the counter-
foil. But, apart from all risks and possibilities of
that description, let it be supposed that the signa-
ture " Monteagle " has been written, not by the
Comptroller-General or his deputy, but by Mr.
Beaumont Smith, which is the worst view of the case
possible for the holders, it seems very doubtful whether,
even in that case, the Crown would successfully main-
tain the plea of forgery amongst those who give a fair
value for the bills. In every respect, with th sole ex-
ception of the name, the spurious bills are genuine, the
watermark, the printing, the Government stamp, the
numbers, and every distinguishing feature on which the
Public could rely, or by which they were called upon to
judge, are genuine, official, done by Government order,
or by Government officers, and the only defect is said
to bein the writing of the name " Monteagle," which
on the genuine bills is admitted to have been
signed legally by three different persons. The
simple question to go to law about would be
whether the supposed evidence or confession of Mr.
Smith, that he signed the name Monteagle and used the
bills so signed for his own purpose, is or is not sufficient
to reject the claims of the innocent holders, on the
ground that the bills are forged. Whether there bo some
little corner notch or other private cut in the corner
of the paper, which shows the relative part of the book
from which the bills were cue or not, there can be no
doubt whatever that the paper itself, the printing, the
numbers, and the stamps on the spurious bills are ge-
nuine. The only point, the only case for the Crown
is, whether the possible evidence or confessionof Smith
be sufficient to prove forgery, coupled with the evidence
of Rapallo, and the opinion of the Comptroller-
General or his deputy, as to the false or genuine
nature of the signatures. Were the latter, how-
ever, cross-examined in the witness-box, it would soon
ie proved that they could not tell their own signatures if
shown a bundle of bills in which there was a mixture of
good and bad ; and as to Rapallo's testimony, as far as
we have yet seen, it only proves that he knew Smith's
necessities, and was not scrupulous about ascertaining the
means by which he obtained the bills. Even if Rapallo
should be found cognisant of the manufacture of the
bills by Smith, we do not see - that his possible guilty
knowledge could in the slightest degree impugn the
rights of the innocent holders. The question at issue
can be in no degree changed, as respects the bona fide
holders, by any addition to the number of parties who
may be implicated in the guilt of Smith. The only case
for the Crown is still restricted to the mere legality of
the signatures, the disputed bills being in all other re-
tefs clearly and indisputably genuine. The Commit-
eoof the Stock Exchange met yesterday and t - ,eYci
to examine farther into the transactions of th"urinsiaon.
brokers with Smith and Rapallo, but came to no decision.
In

LLOYDS' SHIPPING.
LoNDON, Nov. 3.—Wind this day at noon S., variable.
OFF ReNSGATE, Nov. 3.—Diana, Hamburgh for Bahia.
DEAL, Nov. 4.—WindN.E. to E.S.E.—Arrd. Geran-
dus Jacobus, Rotterdam for Batavia. Arrd. from the
River, Ospery, New Zealand. Sld. Tropic, Barbadoes.
LIVERPOOL, Nov. 4.—Wind S.S.E.—Arrd. Chine,
Phillips, Bombay—sailed from St. Helena, Sept. 14 ;
Greyhound, Doctor and
Darsey, Buenos Ayres; Britannia, Quebec; Crazy Jane,
Patter, Prince Edward's Island;
Elizabeth, Smyrna. Sld. °davit', Lima; Swallow, 'Val..
paraiso; Monarch, St. Lucia ; Jane Smith, Vera Cruz .
Edinburgh, Mobile ; James Parkins, Charleston : cab,:
donia, steamer, Boston; Dee and John Taylor, Africa.
DUBLIN, Nov. 3.—And. Kingston, M'Lean, China.
Ancona;
E.N.E.to E
uElYmanuel,
sailed April 28, Singapore June 11. Anger July 8, St.'
Helena Sept. 9, with considerable damage, having been
in
Li
n
in contact with a bark, supposed the Woodman,
Chatham.nn Banrobo:
bp
ro oerel
oz t oil
breezes.—Acrd.
.Bombay,trArrdon.
ANnpoSept.NC, . a
r174,r. :
_i
In
dunis; H.M.S. to
n3a .S;
0. Diary,slt lon.
dr Arrived
vse 1.
Sewell,
freshtoieunr
Harleci—uidinA:Brrrdit.aAriad
i‘Viiunicineneet,r,TßOalla,ia.
PLYMOUTH, Nov. 4.—Wind N.E. to S.s y
London, Sydney. Put back, nom. s •-•—saiied
awui-tph
rriundeed.e r
s id. damaged.
petre 1 ,
tarnum Abbey, Demerara. Kramer, Port
Barba does ; Llan-
F:::::N,oNN:S4v)._lB3s.ey,
paNcilwet,S:th `vales;
e off—St.

--6LInE, NOV. 3.—Arrd. Sirius, Quebec.
SHEERNESS, OCT. -29.—Arrd. Athelia
Riga, for Belfast, with loss of boat, and erew in a auto
4 •
of mutiny.
Dumnc, Nov. 2.-Arrd. Wexford, Quebec.
John 's, .3
KINGSTOWN, Nov. 3.—Arrd. noratio, Tafffill9.-€4.
N.B.
CORK, Nov. 2,—Arid. Mary and Eliza-Wit" %trot.
St. JOhn's, with sails split; Lady Turner, New t 3 nd-
land. '4•"..
mivFoup;' Nov. 3.—Arrd. Evervrood, Swansea
•Loadop, leaky.
The,G-overnor M'Lean, "May; from British Accra, is
Supposed. bc utrived off Yarmouth.