The Sun.
London, England, 1848-11-22 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, Nov. 2

LOWE V. PENN.
The Court was occupied almost the whole of the day
in hearing the arguments in this case. It was an action
to recover compensation from the defendant for the
alleged infringement of an Archimedian screw which had
been patented by the plaintiff. The case was tried at
the sittings at Guildhall two or three terms ago, and a
verdict was found for the plaintiff. A rule had been ob-
tained calling upon him to show cause why the verdict
should not be set aside on the ground that there was no
novelty in the invention, and that the specification was
too vague and general.
The ATTORNEY-GENERAL (with whom were Mr.
Sergeant Byles, Mr. M. Smith, Mr. Webster, and Mr.
Flood) opposed at some length the making of the rule
absolute. He contended that the invention was per-
fectly distinct and unlike any screw formerly made, and
that the plaintiff was entitled to its uninterrupted use.
Sir Frederick Thesiger, Mr. Martin, and Mr.
Peacock supported the rule, on the ground cited above,
and on the additional one that the jury were mis-
directed by the Learned Judge who tried the case.
The COURT intimated that they would take time to
consider the matter.

In the event of the rulo being made absolute, the
Attorney-General will tender a bill of exceptions to
various points.

WESTMINSTER COUNTY COURT, Nov. 21.
(Before D. C. MOYLAN, Esq., Judge,)
A BILL BROKER COMMITTED TO THE HOUSE OF COR..
RECTION.—SHACKELL P. GADDERER.
This was an application under the 99th section of the
New County Courts Act, for the committal of the de-
fendant, Mr. Charles Gadderer, of No. 23, Craven-street,
Strand, to prison for forty days, under the following sin-
gular circumstances.
The case was originally heard on the 12th October,
when it appeared that the plaintiff (Inspector Shackell)
having been engaged to wait upon the defendant and en-
deavour to get back a " bill" belonging to Lieutenant
Dalzell, did so. At the interview Mr. Gadderer pro-
mised to got the bill if Shackell would give him 10/.
This the latter did, but not being able to recover either
that or the money, sued Gadderer in this court for the
latter. The Judge, on hearing the circumstances, or-
dered the money to be paid on the Monday following
This was not done, andan attempt was made on the part
of Gadderer to obtain a new trial, but tho application
was refused, and a judgment summons was served upon
him, which was made returnable on Thursday last.
On that day Mr. Gadderer appeared, and Mr. Roberts
on behalf of the plaintiff, applied to the Court for his
committal for forty days, on the ground that the defen-
dant having had sufficient means to pay since the order
was made upon him, had neglected and refused to do
the same, and also that the debt had been contracted in
fraud.
The Learned JUDGE said it was clear that if he was
satisfied Mr. Gadderer had had the means and had
neglected to comply with the order, however painful it
might be to his (the Judge's) feelings, he should not
shrink from performing his duty in committing him to
prison for the full term unless the money was paid.
Mr. Gadderer said he proposed to pay the money on
Monday. He had a good answer to the case, but unfor-
tunately he was too late on the day of trial.
Mr. ROBERT 3 said he could not wait until Monday, for
there was no telling but Gadderer might get the protec-
tion of the Insolvent Court, for he had been a bankrupt
and insolvent no fewer than seven times.
Mr. Gadderer—l deny it.
Mr. ROBERTS—WeII, I'll have you sworn, and then,
perhaps, you will tell his Honour how many.
Mr. Gadderer was then sworn, and stated that he was
a bill broker, and resided at 23, Craven street, Strand.
He kept no banking account, but negotiated bills by ob-
taining discount from other parties. He had not re-
ceived one shilling since the judgment had been obtained
against him, nor had he negotiated one bill. Miss Botea
rented the house in which be lived, and the furniture
belonged to her.
Mr. ROBERTS—You stated a short time back that you
were ready to pay the money into court under protest;
from what source would you have obtained it? Mr.
Gadderer—l should have borrowed it.
Mr. ROBERTS—Under what circumstances did yon
contract this debt? Mr. Gadderer—l do not acknowledge
it as a debt.
Mr. ltoseeTs—Did you not receive 101. from the
plaintiff ? Mr. Gadderer—l received 101. from him on
account of Lieut. Dalsell's bill, which I held for 501.
Mr. ROBERTs—Was it not for the purpose of giving
up a bill belonging to that gentleman that had been
stolen? Mr. Gadderer—No; itlwas 101. to be paid on
account of the bill.
The JUDGE said he thought Mr. Roberts was going
into a re-hearing of the case.
Mr. ROBERTS said he was merely trying to show that
the debt had been contracted under most fraudulent cir-
cumstances.
Mr. Gadderer, in reply to the Judge, said he had
lived 23 years in Craven-street, and paid 801. per an-
num rent. He had no money in the funds or household
property.
The JUDGE—Then out of what property, Mr. Gadde-
rer, do you pay this 801.? Mr. Gadderer—f have a
great deal of money owing me—upwards of 3,0001., and
when I get any of it I pay it away.
Mr. ROBERTS, after conversing with his client, said
he had no objection to the case being suspended until
Tuesday morning, to see if Mr. Gadderer would pay the
money in on Monday, as proposed. If ho did, of course
there would be an end to the case; but if nor, then he
should press for his committal.
At the sitting of the Court yesterday, Mr. IZODERTS
said the money had not been paid, and he had to urge
upon the Court the committal of the defendant, who had
not even condescended to appear.
The JUDGE said he never wished to be too hasty in
committing a man to prison, and would not make any
order until the rising of the Court, so that the defendant
might in the interim pay in:the money. This, however,
was not done, nor did the defendant appear. The ap-
plic Ltion was renewed, and Mr. Gadderer was ordered to
be committed to the House of Correction for ten days for
contempt in not appearing.