The Sun.
London, England, 1848-05-17 00:00:00

A ARIVALS.
Barley.
430 qrs.

2,9`,0

970
Malt, 2.010 qrs.
IATHITECHEIPEZ.
Fair average supplies of each kind of Meat were on
sale -to-day; yet the general demand was steady, at full
prices. Bed, from 2s 10d'to 3s 6d; Mutton, 3s 10d to
4s. sd; Lamb, 5s 6d to 63 6d; Veal, 4s to 4s 10d; and
Pork, 3310 d to 4s 10d per 81bs, by the carcase.

SECONDARIES'.-(THIS DAY.)
(Before Mr. Secondary POTTER.)

THE LONDON AND COUNTY BANK v. WATT AND CO.

These plaintiffs sued, in the name of their public
officer, Mr. Cooper, to recover the sum of 141. 9s. 3d., the
balance of an account. The defendants were stated, by
Mr. Wilkins, the plaintiff's attorney, to be merchants.
The facts were these :—The defendants had kept an
account with the firm, and, on the sth of January last,
there was a balance in their favour in the bank of
201. 14s. 5d., but on the 9th, by the payment of sundry
cheques, one of which was dated 17th November, the
present claim arose, and it was urged that interest at 51.
per cent. was also due, according to the custom of
bankers.

The Learned SECONDARY said defendants had pleaded
to the action, and as they did not appear he was obliged
to see that he did not admit anything that was not
strictly and legally proved. He asked the witness
called to prove the payment of the cheque whether he
was convinced of the genuineness of the handwriting ?
The witness said he was.
Mr. Wilkins said that he had served a notice on de-
fendants to produce the bankers' pass book, in which
the accounts appeared, being a copy of the ledger, but
they had not thought proper to do so, which left him to
the legal alternative of producing the defendants' books.
The jury said they were quite satisfied, and gave a
verdict for the amount claimed.

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.
(Before Mr. Baron ALDERSON- and Mr. Justice
COLTMAN.)
FORGING A WlLL.—Francis M'Gowran, 45, James
M'Gowran, 40, and Richard Carroll Barton, three most
respectable looking persons, surrendered to their bail
this morning to take their trial upon an indictment
charging them with feloniously forging and uttering a
will purporting to be the will of one Francis M'Gowran,
deceased, with intent to defraud Margaret Girdlestone.
Atter the parties charged had been placed in the dock,
Mr. HUDDLESTONE, who appeared as counsel for the
prosecution, stated that he had directed the officers of
the court to call the prosecutrix, her witnesses, and her
attorney, he was informed that none of them were pre-
sent. Under these circumstances he must leave the
Court to act as it thought right.
_ _

Mr. Baron ALDERSON—It-had better stand over for a
abort time in order to see whether the parties would ap-
pear or not. _ _ _

Mr. CLArtirsoN, who appeared for the prisoners, said
that on their behalf he was most willing that the case
should stand over for any period the Court might think
right, in order to see if the prosecutors would appear,
or ever dared to appear.
Mr. Baron ALDERSON-I suppose the bail arc in at-
tendance, if they should be required.

Mr. CLARKSON observed that they were.
Mr. HUDDLESTONK said that if the Court would allow
the case to stand over for half an hour, if the prose-
cutrix and her witnesses did not appear he should
consider it his duty to state to the Court what were the
circumstances under which he appeared, and then leave
it to the jury to say what they thought of the ease.
Mr. CLARKSON was sure that his Learned Friend
(Mr. Huddlestone) would only act upon the best faith,
and state fairly the circumstances under which he ap-
peared before the Court.
The case was then ordered to stand over for half an
hour, and the defendants retired to the back part of the
dock. At the expiration of the time the defendants
were again placed at the front of the dock, and the pro-
secutriz and her witness were then called by the desire
of Mr. Baron Alderson upon their recognisances, and
not appearing, the Learned Judge directed the recog-
nisances to be estreated.

Mr. Baron ALDER/ON, addressing the jury, said that
as neither the prosecutrix nor her witness appeared
against the parties at the bar, who were charged with
forgery, it was the duty of the jury al \ once to acquit
them of so serious a charge.
The jury then acquitted the defendants.
Mr. CLARKSON, Who was Counsel for the defendants,
then moved for a copy of the record and the indict-
ment, and in doing so felt it his duty, in justice to the
three respectable gentlemen against whom this serious
charge had been made, to say a few words to the court
and the jury. Of the three gentlemen at the bar two
were the sons of the testator whose will it was alleged
they had forged, and the third (Mr. Barton) was a
respectable:solicitor, who had married the sister,of the
other two detendants. The party who was the chief
originator of, the charge had married a niece who had
lived in the service of the testator, and the result of
that marriage was continual ill-usage by the husband of
the unfortunate female to whom he had been
married. The parties who had preferred this
indictment against the three respectable indivi-
duals in the dock had never been before the
grand jury, or taken any steps to produce
the will in court, which had never been brought from
Doctor's Commons. Now, on the part of' the defendants,
he was in a condition to call the attesting witnesses to
the will, and the conveyancer who prepared it, and in
whose presence it was executed. No steps had been
taken against ,the attesting witnesses, and he was in a
condition to shOW beyond all doubt that the will was a
genuine document.
Mr. Baron ALDERSON—What surprises me, Mr.
Clarkson, is, if the original will,has never been removed
from Doctor's Commons, bow the grand jury could have
found the Bill.

Mr. CLARKSON was also surprised at the course that
had been adopted by the grand jury; he would, how-
ever, forbear saying anything with respect to that tri-
bunal, although he had his own opinions; with respect
to it.

Mr. Baron ALDERSON.—Without having the will be-
fore them, I cannot for the life of me conceive how they
could find a true bill for forgery.
Mr. CLenitsori was anxious to make a few more
statements relative to the parties who had trumped up
this charge against the respectable defendants at the
bar. Only a few days ago, and since the defendants
had been taken into custody, the parties making the
charge had been down to the neighbourhood where the
two sons of the testator resided, and after going about
the town and representing that the three gentlemen
at the bar would be sure to be transported,
they went into several public-houses in the town and
got so drunk that one of them fell out of the cart they
were driving and broke his arm.
Mr. Baron ALDicasoN—lt seems to me to be the pas-
time now-a-day to go behind the backs of parties and
charge them with crime.
Mr. HUDDLESTONE trusted the Court would permit
him to state the circumstances under which he appeared,
apparently, though not really for the prosecutor. He
had had a brief delivered at his chambers from the pro-
secutor, and his friend, Mr. O'Brien, had also a brief
delivered to him on the same side. As soon,
however as he (Mr. Huddlestone) had ascer-
tained the fact that the party who had de-
livered the brief was not an attorney, he had :di-
rected his clerk to return the brief, which was accord-
ingly done. The brief was then brought back to his
chambers, with the name of an attorney endorsed upon
it, and he (Mr. Huddlestone) sent to the chambers of
the attorney, requesting to see him upon the subject of
the brief ; it was only that morning since the case had
been called on that he had seen that gentleman, and he
denied all knowledge of the matter, and asserted that his
name had been made use of without his sanction. Under
such circumstances he considered it to be his duty to
hand the brief to the officer of the court.
Mr. Baron ALDERSON—Then the attorney says he
knows nothing about it. •
Mr. ITUDDLESTONE—Yes, my lord.
Mr. Baron ALDERSON—So that the parties who have
brought the charge of forgery against the respectable
individuals at the bar have been guilty of forgery them-
selves.
The parties then left the dock, and were congra-
tulated by their friends, a vast number of whom were
in court.