The Sun.
London, England, 1870-05-13 00:00:00

aiN ATTORNEY AND HIS MYTHICAL
CLIENTS.

In the Court of Common Pleas yesterday morning, Mr.
Giffard, Q. C., made an application respecting a practice
which, there is too much reason to fear, has been growing
of late among a certain class of attorneys. He moved
for a rule nisi, calling upon an attorney (whose name,
for obvious reasons, was not mentioned) to shew cause
why he should not be struck off the rolls
of the court. Mr. Justice Keating would probably
remember a case tried before him in the city in which an
action was brought against the proprietor of the Daily
Telegraph, to recover penalties, under an old statute, for
inserting advertisements offering rewards for the recovery
of stolen property. The jury in that case returned a
verdict for the defendant. The charge against the
attorney in the case was that he used his position as an
attorney of this court to bring actions in the names of
other persons. Those persons were the attorney's
clerk, and a Miss Susan Varley ; V`the latter of
whom is not known at the address given, nor
can she be found after considerable search. The effect of
this was, that on a verdict being given against the
attorney's clients, no costs were to be had. This, the
learned counsel submitted, was such professional miscon-
duct on the part of the attorney as to call for the inter-
ference of the court. It was really pretending to
bring actions in the names of other persons when
they were for his own personal benefit and
advantage. Three actions had been brought against Mr.
Ellis, the publisher of the Daily Telegraph. One, that
already disposed of, was to recover £3OO ; the others were
for £l5O and £5OO respectively. The first was brought in
the name of Miss Varley, and the second in that of
Charles Russell, who was admitted to be
this attorney's clerk. Miss Varley was said to
be a dressmaker, and the address given turned
out to be that of Russell, who lived there with his wife
and family of six children. On inquiry being-made, it was
said that Miss Varley was the sister or sister-in-law of
Russell ; but the landlord and landlady of the premises
denied all knowledge of such a person. The consequence
was that although the defendant's costs had been properly
taxed, it was impossible to serve a subpoena upon Miss
Varley, the nominal plaintiff. Their lordships would-
probably think that there was tolerably strong evidence
that the attorney was bringing actions in the names of
parties over whom he had some control, assuming that
there was such a person as Miss Susan Varley.
Chief Justice Bovill : You put it that the actions are
brought in this way to recover penalties if successful,
and if not, to escape payment of costs ?
Mr. Giffard said that was so.

Mr. Justice Keating asked if the defendant was not
satisfied with the victory he had obtained at the trial.

Mr. Giffard reminded the court that there was another
action pending for £s'oo, and assuming that he won that
too, it was still an expensive amusement. He submitted
that the attorney was following a delusive system, and
that it was not professional conduct which this court
would allow to continue. The attorney could, if he chose,
become a common informer, and bring these actions
in his own name, as a member of the State ;
but this was rather in the nature of a con-
spiracy between the parties. He (the learned_
counsel) was aware of the responsibility involved in ob-
taining a rule, when the attorney would have an oppor-
tunity of replying to the allegations ; but that had been
fully considered, and as this was a matter of the very
greatest importance to the parties interested, he must ask
the court to grant the rule asked for.—The court granted
the rule to spew cause.

Mr. Hickson, a sub-inspector of constabulary at
Castlepollard, county Westmeath, was fired at on Tues-
day night while returning from a dinner party in company
with a clergyman. They were driving at a short distance
from Castlepollard, when four or five shots were fired,
but no one was injured.

Mr. Jonathan Gibson, a Bradford Town Coun-
cillor, saw a viper fourteen inches long. Imagininc, it was
harmless, he took it up from the ground, when it turned
round and bit him. The poisonous charater of the bite
quickly made itself visible, and Mr. Gibson became insen-
sible and lay in that state for an hour. He is now
under medical treatment.

The report of the President of the Queen's Col-
College, Belfast, just published, is a favourable account
of the state of the institution, but only brings down the
statistics to the month of July, 1869. As to religious
profession there were in 186849, of the 103 who entered
the college, sixteen of the Established Church, seven
Roman Catholics, sixty Presbyterians, six Methodists, two
Independents, and twelve described as "various."