The Sun.
London, England, 1841-02-20 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, FEE. 19.
(Sittings in Guildhall, at Nisi Priux, hf.fore Lord DEN-
MAN and a Common Jury.)
TOWN V. STORY.

This was an action brought fora malicious slander,
uttered against the plaintiff by the defendant, who
pleaded the general issue.
Mr. PLATT, Q. C.,1 stated the case. Both parties
resided in Whitechapel. The subject of the plaintiff's
complaint was a malicious slender, published against
him by the defendant, whereby it would be seen certain
damage bad arisen to the plaintiff in the way of his trade.
It could not but be well understood how mischievous in
its consequences would be any slander, uttered against
a tradesman's solvency. It would be shown in evi-
dence that the defendant claimed certain rent due by
the plaintiff on the premises which he occupied, but
which he refused to pay the defendant, as he conceived
he had no right to it, unless the defendant would indem-
nify him (the plaintiff). This circumstance formed part
of the foundation on which, the slander complained of
was raised. The plaintiff was a manufacturer of chocolate
and cocoa, and was employed by grocers to prepare
these articles—they sending him the raw material. One
of the grocers who so employed the plaintiff was a Mr.
Walton, to whom the slander for which the present
action was brought, was uttered, and who in cense-
quence bad cease 1 to send his goods for manufa, tote to
the plaintiff's establishment. The plaintiff was thereby
much injured in his business. The Learned Counsel
proceeded at some length to state the substance. of
the evidence which he meant to adduce in support of
his case, and then called the following witnesses !
Thomas William Clarke examined.—ls in the em-
ployment of Mr. James Walton, who carries on the
business of a grocer. His business is extensive. He
usually employed Mr. Town to manufacture choco-
late and cocoa for him. The amount rnanulactureal
for Mr. Walton was about 4001. yearly. On the 24th
of August last Mr. Story, the defendant, called at Mr.
Walton's shop, at about eleven o'clock in the morning,
and made some inquiries about cocoa. He called a se-
cond time and asked witness if it was Mr. Town who
manufactured cocoa and chocolate for him. Wit-
ness replied in the affirmative, when Mr. Story
said that he had that •morning dissrained Mr.
Town for rent, t9:411e amount of 391. 155.,! due by
him (Town) on the-premises which he occup ed from
Story, the defendant; in the present action. The wit-
ness here proceeded to detail a conversation which
took place in his presence between Mr. Story and Mr.
Walton, the substance of which was that, in reply to
some questions from Story, Mr. Walton stated that
Town manufactured coffee, cocoa, and chocolate for
him—that he sent him the raw material, and that at
that very time he (Town) had got a great quantity of
both cocoa and coffee belonging to him (Walton) on
his premises ; upon which Story observed that he had
seen at Town's place nothing but a few bags of cocoa,
a litt'e coffee, and a large quantity of coffee flight
(which the witness described as the chaff, that comes
from coffee, when being screened), when Mr. Walton
observed, that Mr. Town stated his willingness to pay
the rent demanded of him by Story, if the latter
would indemnify him. Story replied that that was all
d—d humbug, and only said for the purpose of de-
ceiving. Mr. Walton then remarked that lie had had
much dealing with Town, and always found him an
upright, straightforward sort of man, but poor. The
defendant replied, " I cannot say so—l've found him a
d--d swindling thief." The witness also stated that
Mr. Walton had in consequence of what the defendant
stated, withdrawn his employment from Mr. Town.
The witness was cross-examined at some length but
nothing material was elicited.

James Walton—Was in the habit of paying from
1001. to 1501. a year for chocolate. Mr. Story called
upon mc, and in 'consequence of the statement he made
to me I was very angry with Town, and said I would
never employ him again. In my conversation with
Story, he said he considered Town anything but an
honest man. I have never employed him since. He
asked me where Messrs. Travers lived—(they are the
largest persons in the trade in England, I think, and
they employed the plaintiff). I said I did not know
exactly, but I hoped he would not state to them what
he had stated to me, as I was sure they would take
their business from him, and they were his main depen-
dence. He also said something about there being a
great deal of hypocrisy and humbug about Mr. Town.

I discontinued giving work to Town because I did not
think my property would be safe with him in come_
sequence of these seizures. I did not consider him a
dishonest man.

Sir F. PoLLociCaddressed the Jury for the defen-
dant, and

Lord DENMAN having summed up,
The Jury returned a verdict for the plaintiff—
damages, 751.

POLICE INTELLIGENCE.

MANSION. BO USE.
A young maq, of respectable appearance, named
ilf.Carthy, was iskought before the Lord Mayor on
Wednesday, ellt4d by Mr. Lutge, of
.No.
With htAring been concerned, with
several other persons, in cheating tradesmen in the
City. Mr. Lutge re Nested that the Lord Mayor
would remand the young man until the officers should
have an oppoitunity of finding the prisoner's father,
whom the complainant described as deeply implic:.ted
in the plot, and his Lordship acquiesced.
Next, day MlCarthy, senior, was brought before his
Lordship, be having been picked up in the street in a
state of drunkenness, and lodged in the st ition-house,
where, upon his recovering, it was ascertained that he
was just the person the police wanted. It appeared
that while the father was tasting wines at the Docks,
the son was apprehended and charged at the justice-
room, so that the state of sobriety brought a very dis-
agreeable state of things to the view of the former.
Mr. Lutge stated that several persons were involved
in the schemes by which tradesmen were now suffering
in the City, and that a person called at the shop and or-
dered two muffs to be sent to his office, at No. 14,
Queenhithe, stating that if they were approved of the
money should be paid there. Witness sent a messenger
with the muffs, which the man imprudently left at the
office upon being told that he must call again. He did
call again, but he got neither muffs nor money. The
younger prisoner subsequently called and ordered two
shawls to be sent to the same address, mentioning that
when the shawls were sent both muffs and shawls should
be paid for. Witness accordingly sent a messenger with
the order, but desired him on no account to leave the
goods without the money. The porter, however, was
persuaded
to disobey the instructions, and the conse-
quence was as might be expected.
The poi tm. said that he took the shawls to the office
of the prisoners, having received particular directions
from Mr. Lutge, not to leave them without receiving
the money. The son, however, hariag told him that
his father was out, and that all was right, and a greet
many more goods would he required, he thought he
might venture, particularly as the place was one of very
respectable appearance, to leave the shawls, and to tear
off the receipt of the invoice.

Mrs. Lutge, wife of the complainant, said that the
elder prisoner called at the shop and saw her, and or-
dered the muffs to be sent down to No. 14, Queen-
hithe, and said that he would see whether they would
answer.

Mrs. Lutge declared that she never intended
to have given credit to the man, and that she sus-
pected something of the kind when he called.
Mr. Thomas Cow, of No. 14, Queenhithe, stated that
the elder prisoner took one floor of the premises from
bite, and stated at the time that he was an importer of
wine, and an exporter of hardware and other goods, and
gave a respectable reference. Witness, however, Icund
that numbers of tradesmen ►•ere calling with bile, and
believing that he had got a regular nest of swindlers,
determined to get rid of them as soon as possible. Tile
prisoner left the premises the other day. There were
he was sure several persons connected with them, and
he was sure that if their apprehension were generally
known, crowds of defrauded tradesmen would be in at-
tendance.

Mr. Dawson, jun., of the house of 1),m:on and
Son, stationers and newsvenders, in Cannon-street,
stated that the younger prisoner came to him in
January, and ordered piper and other articles of sta-
tionery to the amount of 1/. 33. 9d. Witness did hot
know the firm of M'Carthy and Cc., and made inquir3
in the re:gbhourhood, but could not hear anything
about them. Ho then made out the bill, and sent the
order to the address, with strict injunctions to the mes-
senger not to lease the stationery without being paid
the amount, under any circumstances. The mesten-
ger, however, calculating upon the respectable appear-
ance of the place, left the goods on his own respon-
sibility.
The messenger said he was induced by the younger
prisoner, who said that the money should be paid in
the alt,rnoon, to leave the goods at the premises.
Mr. Smallwood, of No. 108, Strand, trunk maker,
said that the elder prisoner called at his shop on the
lst of February, and said that his son was going to
nllege, and required a portmanteau. The amount was
81. 103., and witness sent the portmanteau in the even-
ing to the premises. The messenger was put off with
an excuse, and no money had been received since for
the article. It was left at Queenhithe on account of
the respectability of the house.
The tiler prisoner said that he never before was
charged with an offence, and that he had always acted
with integrity. The whole business arose from the vin-
dictive feelings of the landlord, whom he had regularly
paid.
Mr. Cox declared that he had no vindictive feelings.
,He certainly felt very much that his house should eon.
tsin a nest of swindlers, and he resolved. when he found
that such was the case, to get rid of them as speedily
as possible,
The prisoners were then remanded till Tuesday next.

Tl►e Earl of Cardigan is not expected to join
his regiment till about the end of the month, when he ail
r..turn to the barraclu, and muster the troops es usual on
the Ist of March,—Briyhton Gazette.

L