The Sun.
London, England, 1846-11-03 00:00:00

PATER V. BAKER.

CHARGE ,OF SLANDER.—Mr. Sergeant CHANNEL
moved for a rule in this case, which was tried during the
last sittings after term in Middlesex, before Mr. Justice
Erle. The rule sought was to set aside the verdict which
was then obtained for the plaintiff, damages 181 125.,
and to enter a nonsuit, or else to grant a new trial, on
the ground that the verdict was against evidence. The
Learned Judge on the trial thought there was just
enough of evidence to allow the case to go to the
jury, though he (Mr. Sergeant Channel) believed the
Learned Judge was not satisfied with the verdict.
Leave at the same time was granted to move on
another point, and to obtain leave to enter a nonsuit.
The action arose from what is called a slander of title,
and originated in the following circumstances :—The
plaintiff, Mr. Pater, was a solicitor, and residing in a
part of the parish of St. Pancras, called Agar-town,
and had been for some time agent and collector for the
gentleman, from whom the name of the district was
derived, and in the course of business he bad erected
twelve houses. While in an unfinished state, he adver-
tised them for sale, and a Mr. Kennedy was employed
at the auctioneer. On the day of the sale, the de-
fendent, who is district surveyor under the Metro-
politan Building Act, attended the room, and before
the business commenced, addressed the company to the
following effect:—His object, in attending the sale, was
to inform the purchasers, if any present intended to be
such, that he would not allow the houses in question to
be finished or occupied till the roads in connexion with
them were finished. Ile could not compel the roads to
be finished, but he wished to inform purchasers that they
would have to keep the carcases till the roads were
made. This was the main count in the charge. There
was another, which stated that several: persons, in con-
sequence of this intimation from Mr. Baker, declined to
purchase. The plaintiff denied that the roads were in
the state represented, and that they were sufficient for
conformity with the Act, and an action was accordingly
brought to recover damages. The plea of the defendant
was not guilty, and in his defence, he went to show
that the road way to the houses was not such as the
provisions of the Act required, and that the drains
were in a most imperfect state. In regard
to the charges of Mr. Baker respecting the property,
some time after the day of the sale the matter was re-
ferred to the Commissioners, and they caused a view of
the property to be taken. The official referees decided
that the drains were in an imperfect state, but that there
was a roadway to the front of the houses wide enough
to alloW a scavenger's cart to pass, and therefcre wide
enough for the requirements of the Act ; but that it was
in a very rough and unfinished state. The defendant,
however, in respect to the road, called attention to the
fact, that since the time he had attended'the sale it had
been much improved ; and further, that the whole pro-
perty of Mr. Agar, of which Mr. Pater was agent, was
in a most imperfect state in regard to drainage and road
accommodation. The defendant, in the course he had
taken, acted from no malicious motives, but from a
strong sense of his duty to the public, a fact which the
judge had commented on when summing up. He (Mr.
Sergeant Channel) hoped, therefore, that their Lord-
ships would grant the rule to show cause against the
verdict, and that they would consult the judge as to
whether he had considered the verdict satisfactorily.
Rule nisi granted to show cause against the verdict.

CRIMINAL COURT-(THIS DAY.)

OLD COURP.
(Before the RECORDER and Mr. Alderman Gums.)
Peter. Hogan, a carpenter, aged 27, was indicted for
stealing three hundred and one sovereigns in a dwelling-
house. It appeared that the prosecutrix, a widow named
Welch, had saved somewhat more than six hundred
pounds. The prisoner, who was her cousin' and engaged in
the building trade, was requested to look out for a house
to purchase, and in the course of executing that com-
mission he became acquainted with the amount of her
money, and the fact that it was in gold, packed up in
rouleaus, and deposited in the bottom of her clothes-
chest. One evening, after the prisoner had visited Mrs.
Welch's apartments in her absence, she found upon her
return that her chest had been opened, aid three hundred
sovereigns in packages, and one sovereign in a silk purse,
had been abstractel She at once communicated
her loss to the police, who took the prisoner, and
found in his hat, wrapped in brown paper, 170 sove-
reigns. In his pockets were a few shillings. He said
the money was all his own. The sovereigns were packed
in paper, which the prosecutrix swore was the same as
that of which she bad made the packages for her gold.
The puree was also found in his box.
Mr. ROBINSON, for the defence, contended that the
prisoner was about to get married to the prosecutrix, and
was authorised by her to lay out the money for her ad-
vantage according to his best judgment.
The RECORDER summed up, and the jury, having
deliberated some time, returned a verdict of Guilty.
Whilst the jury were in deliberation the prisoner
addressed the Court, and begged to be allowed to call
witnesses to prove that Mrs. Welch had perjured herself
in swearing to the purse, and that he had bought it at
Mr. Morgan's, in Middle-row, Holborn. Mr. Morgan,
however, proved that it was not so • and the only thing
elicited from the witnesses was, that one of them had
been paid four sovereigns by the prisoner for his trouble
in going shopping with him.
Proof was then given of the prisoner's having been
convicted of felony, and
The RECORDER sentenced him to be transported for
fifteen years.
The grand jury, in returning the remainder of the bills
which had been sent up to them, made a presentment
complaining of the great want of accommodation for
witnesses in waiting, and the difficulties of ingress and
egress in all parts of these Courts. They expressed a
hope that the proper authorities would remove.the in-
conveniences complained of.