The Sun.
London, England, 1847-02-08 00:00:00

QUEEN'S BENCH.-(THIS DAY.)

WILKINSON V. BEADEN.
This was an action to recover 21/. 7s. 6d. for work and
labour. The defendant denied his liability beyond 15/.
The plaintiff is a manufacturing engineer, carying on
business in Crosby-place ; the defendant, Captain Beaden,
was formerly an officer in the navy, and was stated to be
a gentleman of great mechanical skill.
It appeared that the defendant had invented a plan, by
which a person sitting in a carriage might, by touching a
spring, raise or lower the top of the vehicle, and that he em-
plo7ed the plaintiff to construct a practical model, with
which, it seemed, he was satisfied.
A great number of witnesses were examined. Those on
one side stated that the charge was a fair one, whilst those
on the other held that it was too high.
The jury, however, found a verdict for the plaintiff for
171.

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Prius, before the LORD CHIEF BARON and
Common Juries.)
ALLEN V. SIIARPE.

In this cease Sir F. Thesiger and Mr. Ogle appeared for
the plaintiff, Mr. Whitehurst and Mr. Pashley for the
defendant.

The action was brought to recover the value of certain
goods, the property of the plaintiff, which had been seized
by the defendant, in his capacity as collector of taxes.
The question to be decided, which was one of some impor-
tance to the keepers of "commission stables," was, whether
a party holding what are termed commission stables for the
sale of horses, who was not a purchaser of them, but merely
received a commission on their sale, was liable for the pay-
ment of the horse dealer's license. _ .

The plaintiff was the proprietor of the commission stables
in St. Martin's-lane; known as " Aldridge's," and where
sales of horses were regularly made, and until the period of
the sale arrived, the horses intended for sale were kept, but if
not sold at the sale they were returned.
The defendant, being a tax-collector, had charged the
plaintiff with the amount chargeable under the horse-dealers'
license, made a claim for the sum of 271.105., which not being
paid, defendant put in an execution and seized the goods of
the plaintiff in satisfaction thereof. The present action of re-
plevin was therefore brought.
The Court decided, after having heard the evidence in the
case, that an action in the form of replevin could not be
maintained, and it was finally arranged that a verdict should
be taken for defendant, subject to the case being made special,
for the purpose of coming on for argument before the Court.

IVIARLBRO'-STREET-(T HIS DAY.)
yAZZARD v. TayLon.—This case, which contained some
points of interest, was heard last week. and Mr. Bingham
delivered the following judgment upon it this morning:—
In this case, Elizabeth Hazzard took out a summons
against Mashe Taylor, for detaining, as she alleged, without
just cause, the duplicate of a velvet gown, pawned by her.
In answer to the complaint. Taylor asserted that he re-
ceived the duplicate from Mrs. Hazzard, as security for the pay-
ment of a bill of exchange for 101., dated April 11,1843, and ac-
cepted by the husband of the complainant, payable three months
after date. This bill, which he declared he had discounted
for Mrs. Hazzard, was dishonoured when due, and still re-
mained in his hands unpaid. Mrs. Hazzard admitted the
transfer of the bill and its non-payment, but insisted that
although she had paid Taylor a considerable sum by way of
interest in advance on this and another bill of 121., she had
never received a farthing from him in respect of the 101.
bill. She further declared that the duplicate she now sought
to recover was not delivered to Taylor at the same time
as the 10/. bill, but some weeks afterwards, when
she was seeking to raise a further sum of 50/.
Hazzard called two witnesses, one of whom had heard her
upon two occasions, about three years ago, ask Taylor for the
amount of a bill, when Taylor, instead of giving a direct
answer, turned off the conversation to some other subject.
The other witness said, that about the same period h. e had
made several applications for the amount of this bill
at the request of Mrs. Hazzard, but had always
been put on; and that afterwards, when lie has applied for a
number of Mrs. Hazzard's duplicates, Taylor said he had
lost them or left them in the country. The statement of
these witnesses is not irreconcilable with the statement of
Taylor. It may be that, suspecting the worthlessness of the
bill of exchange, he refused to advance money on
it till he received the duplicates in question by
way of security; and the application for the money
spoken of by the witnesses may have been made after
the delivery of the bill, and before the delivery of
the duplicate, and the manner in which Mrs. Hazzard
has delivered her testimony certainly does not en-
title her to a higher measure of credit than her
opponent. There is, therefore, no evidence on which a court
of justice couli come to any safe conclusion as to the main
fact in contest between these parties. But, independently of
that fact, I think that Taylor is, under the circumstances,
entitled to retain the duplicate upon a principle of law from
which it would be dangerous to depart. Taylor produces
a dishonoured bill of exchange, which, without further
evidence on his part than the proof of handwriting, raises
the presumption of a debt due from the party at whose
hands he received it. This presumptive liability can only
lee discharged by a proof of payment, or a proof of fraud ; and
the proof of fraud ought to be clear and conclusive, as every one
is presumed to be free from crime till the contrary is shown.
It has already been pointed out that the proof by which it
has been sought to establish fraud in the present case is not
only not conclusive, but is even compatible with the defend-
ants' innocence. 'And the course:pursued by the complainant
herself is scarcely reconcilable with the charge she now ad-
vances. She is neither young nor inexperienced, nor deficient
in abilities or energy to assert her rights and obtain justice
when she is wronged. If the defendant had treated her in
the way she now states she might have brought him before
a police-court on a charge of fraud three years and
a half ago. After neglecting to take that course
when the alleged injury was recent and the
facts fresh in the memory of witnesses, and her re-
sorting to it after a lapse of time, which must place serious
difficulties in the way of defence, rather leads to the infer-
ence that the charge could never have been established.
The present summons is therefore dismissed.

LADY JOHN RIISSELL.—The inquiries in Chesham-
place after the health of her Ladyship this morning were
very numerous. The answer given was, " Her Ladyship
is better."

IMPERIAL PARLIAMENT,

(THIS EVENING.)

HOUSE OF LORDS.
The LORD CHANCELLOR took his seat upon the Wool-
sack at Five o'clock.

On the motion of the Earl of CLARENDON, the
Buck Wheat Importation Bill went through Committee.
The Marquis of LANSDOWNE laid on the table the
report of the Factories' Inspectors.
LOANS TO IRELAND.

Earl FITZ WILLIAM moved for an account of an
the sums of money which had been advanced on loan by
the imperial treasury for public and other works in Ire-
land since the union, and how far the condition upon
which they were advanced had been complied with.
An erroneous impression existed that money lent to
Ireland was never repaid, and he wrs desirous of showing
their Lordship that none were more punctually repaid.
IRISH DISTRESS.
Lord BROUGHAM presented another petition from
Liverpool, complaining of the influx of • h ris paupers
into that town. The Noble and Learned Lord at the
same time complained that a respectable morning print
had held him up to the world as a person to whom it was
quite immaterial whether the people were brought up
in the Protestant religion or not. Now, so far
front this being the case, the other evening he expressed
the greatest distrust against the Romish church,
though he entertained the highest respect for those
who conformed to it, and declared his entire confidence in
the Protestant faith. Indeed, none were more deeply
anxious that it should be extended than he was.

The Marquis of LANSDO WNE—quite---agreed with
that portion of the Noble and Learned Lord's statement
which had reference to Liverpool. He trusted, however,
that the remedies which the Government had pro-
posed
fortherelief of Ireland would give an
additional
stimuluswas by creating that to labour in Ireland ; and it
at employment and providing funds for its remuneration that the poor of Ireland
would cease to b© burdens
upon thethe people of this country, in the
way complained of isisisilipetition from Liverpool.
:ierely
Lord BROUG
the A
hoped that the measures
referred to by the Noble
TtiTtz,ims would have the effect
by bad stated, but he was
sanguine as to believe
that they would mitigate the distress in Ireland and pre-
aotistuoch places as Liver-
Vent the poor from immigrating
unfortunate per-
pool. A very large proportion
to Liverpoolpreferable
sons thought that if they could only get over
and be supported without work that itbwy
°c'uvtElire
to a scanty subsistence purchased
law which Nviaobuo Ireland. He believed that a poor.
would, so
this country
periods of temporary distress, prevent myriads from
coming over here to feed upon the people of
was one of the hest panaceas that could be devised. - '
Lord MONTEAGLE quite agreed with his Noble
and Learned Friend, that it was their duty to devise
wise and just remedies for the present condition of the
people of Ireland ; but wherever there was a dispropor-
tion between the wages and condition of the people of
two countries, there would be a tendency to emigrate to
that country where they might get better wages.. It was

• a recognised principle all over the world—people, for
instance, left Spain to obtain better employment in
Lisbon; and people descended from the mountainous
parts of Italy to those parts where the wages
were higher and the condition of the people better.
God forbid that he should make use of these remarks
for the purpose of merely discouraging emigration, if
such a course could be deemed beneficial to the people.
But the question to be considered was how to prevent
emigration by improving the condition of the people of
I Ireland. He thought that that measure was best
adapted far the wants of the people which would find the
labouring classes imployment at home, and prevent them
l from propagating pauperism in other parts of the United
Kingdom. At the same time, he held that one of the
greatest blessings of this country was the immigration
into it of the industrious Irish, where that immigration
was only intended to be temporary, and not permanent.
What would England do during the period of harvest
were it not for the Irish labourers. But then came the
question of revenue, and he would venture to call
their attention to the fact, that that remedy would be
very limited in its results, which did not enhance the
price of wages in Ireland, for they might rest assured
that when a higher social condition cculd be attained in
other places, the labouring classes would not stop at
home. He thought that the employment of a large
proportion of the Irish labourers might be given
in great and useful public works. He did not
mean such works as had been sanctioned last session,
but railways and the other works recommended to their
notice in a previous year. These would, in a great mea-
sure, remedy the evils at present existing, provided they
took care that they were not constructed for purposes of
private speculation. At the same time, he wished them
carefully to observe that they provided food for the
500,000 labourers at present employed during that
period which must intervene when transferring them
to other and more useful works. The real
question which the House and Parliament had
to consider was, not to forward the interests of any
speculative companies, but to forward the execution of
great and important works. He believed that some pro-
positicn of this kind, carefully considered, should
be agreed to, and applied to meet the transition
state which they had to pass through. It would be a
most serious matter to disband 500,000 men, an army
in everything but name, without some provision, such
as the one under consideration, for their employ-
ment.—(Hear, hear.) He threw these observations
out for the consideration of their Lordships, and
rejoiced to say that the question had been
introduced into the other House of Pat liament. Of the
latter proposition he would observe, that while the
principle of employing the people in this way was
most important, the application of it deserved
the greatest possible attention and consideration. He
had noticed with pleasure that the Government had
advanced a loan of 20,0001 to a railway company the
other day. In that they had shown a wise and just dis-
cretion, while they should take due care to distinguish
efficient from useless works of this kind. He believed
the transition state could not be passed through in any
other way with satisfaction.
Lord BROUGHAM explained that he had been mis-
understood in what he had stated about Irish emigrants.
He complained that a large portion of the people of
Ireland, who were beggars by profession, had poured
into Liverpool. With regard to the regular labourers
who came over to this country, he must bear his testi-
mony to their quiet, honest, and industrious character.
Lord AIONTEAGLE gave testimony to the same
effect, and said that the emigration from the county
with which he was connected was more with the United
States Vasti England. He had great pleasure in stating
that from information he had received from New York
old Irish emigrants in that country had, during the last
year, remitted to Ireland to their friends, for the purposes
of emigration and charity no less a sum than 160.0001.
Earl FITZ WILLI.AM could kstity to the truth of
what had fallen from the Noble and Learned Lord (Lord
Brougham). He begged the House to consider that
what had taken place at Liverpool should be looked upon
as not affecting that town alone, but as a national calamity.
He had seen a great deal in the daily organs, which
represented the opinion that the proposition of his Noble
Friend, in the other House of Parliament (Lord G.
Bentinck), was a measure to fill the bellies of the Irish
people. If that were so, no remedy could be more in-
applicable ; but it was not proposed for that pur-
pose, but had more extensive objects in view, and
was proposed, in conjunction with other reme-
dies, to meet the existing evils of Ireland.
A great crisis was also a great opportunity, and he
intreated Government not to let the opportunity slip by
them. He was glad to hear that 20,0001. were to be
advanced in aid of the Waterford and Limerick
Railway; but it would not do for merely an in-
dividual to be generous in the present crisis.
The English community must be generous, and
step forward to assist Ireland. Unless it did so, their
Lordships might depend upon it Ireland would dete-
riorate England. Unless England could relieve Leland,
that country would sink England. They were now in a
great crisis, and he warned their Lordships to take
care, less by neglecting the opportunity it gave them,
they did not do a mischief which could never be re-
medied.
The Marquis of WESTMEATH remended the Noble
and Learned Lord who complained of the influx of Irish
paupers into Liverpool, that it was the duty of the pa-
rish authrities to send them back. Government ought,
however, with the view of mitigatihg the present
crisis, to encourage emigration to the colonies.
lie thought they would have occasion for regret before
long if they did not take the subject up. Besides, it
was possible that food might not be found for the people
during the next eight months; therefore it was incum-
bent upon the Government to meet the wishes of the
people, and to afford them the means of emigrating.
The motion of Earl Fitzwilliam was then agreed to,
with this addition—" distinguishing all the advances
and repayments since the establishment of the board of
works."