The Sun.
London, England, 1846-12-30 00:00:00

SECONDARIES'.-(THIS DAY.)

FESEMEYER V. DUTTON.
The plaintiff in this action is a solicitor in Bedford-
row, and the defendant a brewer in Dutton. street,
Cromer-street, Gray's Inn-lane. The action was brought
to recover the sum of 61. 3s. 2d. for law charges in
endeavouring to raise money on mortgage.
Dir. THOMAS stated the case. The facts were these:—
During the last year the defendant had caused extensive
alterations to be made at his brewery, and had employed
a Mr. Styles to do a great portion of the work, and being
unable to pay him cr to get money advanced on the pro-
perty he requested Mr. Styles to endeavour to do so, and
the-latter introduced defendant to plaintiff, and the de-
fendant gave the necessary instructions. The plaintiff
then placed himself in communication with a Mr. Whit-
taker, a solicitor, and the money would hnve been ad-
vanced if on the survey of the plant, &c., it had been of
the value described by defendant ; as it was not, the ne-
gotiation was put an end to, and the plaintiff now sought
to recover bis bill of costs for the services rendered.
Mr. Styles was called, and proved distinctly that he
!Ins deputed to act as te agent for defendant, and tha he
'lad introduced the latther, who had himself given the in-
struction&
Mr. Whittaker proved that he had had several in-
terviews with, and received several letters from the
Plaintiff, on the subject of the mortgage, and the nego-
tiation was broken off solely in consequence of the survey
of the property not being satisfactory.
• On the part of the defendant, a notice was put in,
In which the plaintiff was called upon to prove the re-
tainer. It was submitted that there ought to have been
a retainer in writing.
, The Learned SECONDARY held that that was not abso-
rately necessary, although it was a great security' to
attornies.
The defendant's attorney then contended that it was
evident that the very object of Mr. Styles to raise the
roney was to obtain payment of his debt, and that he
ad employed the plaintiff, who in the usual course
Would have deducted his costs.
.Mr. TnomAs said, if it was admitted that the plaintiff
Inlght have deducted the amount, it was clear that de-
fendant considered himself liable.
The Learned SECONDARY said the first question was,
had defendant retained the plaintiff ? and the next the
value of the services?
The Jury gave a verdict for the amount claimed.

_
CLEItKEN WELL.—(THIS DAY.)
respectable-looking middle aged man, who stated
Aim ir
BCII to be a watch-movement manufacturer, residing
at 6, Compton•street, Clerkenwell, was charged before
far. Combe with having obtained, by means of fraudu-
lent representations, a gold watch, of the value of 20/.
Mr, Thomas Frederick Cooper said he was a watch-
- ta Sk er, carrying on business in Calthorpe-street, Clerken
well, and had known the prisoner for some time. The
Prisoner came to him about a month ago, and told him
that he knew a gentleman named Webb who was en-
gaged in the erection of Nicholson's distillery, and re-
quested the witness to let him have a gold watch to
allow to Mr. Webb, as he thought he should be enabled
to sell it to hint. The witness.; let him have the watch,
telling him, at the same, time, that he was on no account
to part with it without being paid the full price for it.
Witness had since called several times at the prisonees
house to make inquiries, but the only answer he could
get from the prisoner's family was, that Mr. Webb was
out of town, and they were not aware when he would
return. Ha endeavoured to find out Mr. Webb, but al-
though he had reason to believe there was such a person,
still he (Mr. Cooper) could obtain no information re-
specting him. He went to the prisoner's residence this
morning, when, being told that necessity had compelled
the family to raise a little money upon the watch, he
gave him into custody.
A pawnbroker produced the watch, which was idea-
by Mr. Cooper, and stated that it had been pledged
.1' a woman whom he believed to be the prisoner's wife.
The prisoner said his representation about Mr. Webb
buyingthe watch
a watch was bond fide. He denied having pawned
watch himself, and said it was done by his wife
without his cognizance.
Mr. COOMBE ordered the case to be remanded, in order
lam the prisoner's wife might be in attendance.
A watchmaker, named Hickman, who had committed
violent and unprovoked assault upon Mr. James Mown-
't& of the Duke of Bridgewater Tavern, Macclesfield-
aitrlt oetti whose
e house he had entered in a state of intoxi-
ca s ordered t 5, find sureties to keep the peace.

SOU T lINVARK -
William Spiers, a stoutv—( THIS DAY.)
„ °Ling lad, was charged with
creating a disturbance in the gallery of the Victoria
Theatre.
Murray, the constable of the tth:atre, stated that
When the performance concluded on preceding night
to the gallery,
the'defendant, with about twenty the
rs
the(he con-
commenced hooting and making a noise.
stable) went up and told the disturbers that ehouse
Would be in darkness, as the servants were
xlin
guishing the lights. The defendant, however, who was
Prominent in the affair, refused to quit, saying he should
have a smoke before he loft the gallery, and he was pro-
ceeding to carry out his purpose when he was ejected,
In accomplishing which much difficulty was experienced,
it_Eid his subsequent conduct was of such a violent nature
Mat it Was found necos3ary to take him to the station-
house.

The defendant, who was crying all the time he stood
the bar, was fined 55., the magistrate remarking that
Is being locked up all night was a sufficient punishment.

WORSHIP Si REET.—(T HIS DAY.)
This morning Corporal Stephens, in the service of the
Barracks,
India Company, and belonging to the Walley
tarraeks, Brentwood, applied to the sitting magistrate,
ratroughton, as follows :—He said, that on the 11th of
TtNovember his wife left London by the Eastern Counties
4ilwaY, for the purpose of joining him at the Walley
Barracks. She had with her, previous to her departure,
_▪ n
infant and bundle valued at about 51. The latter
'he laid a
fare by her side, at the station whilst paying her
tali; but before that was completed, her parcel was
as she
away by one of,the company's servants, and placed,
in -"e was given to understand, for better security,
at One ,of the luggage trucks. On arriving
aw her destination, however, to her chagrin
4,11_ great loss; the parcel was altogether gone, and could
puttiwnere be found. Applicant had applied to the corn-
but Y reePecting the loss himself and wife had sustained,
in the only answer he could obtain was, that they had
404,46 every inquiry touching the missing parcel, but had
been enabled, as yet, to gain any clue to it ; it was
doubt taken away by some dishonest passenger, and
10, it was a circumstance over which the company bad
An control."
tel r•
BROUGHTON desired Fitzgerald, an active and in-
. gent officer of the Court, to accompany the appli-
11int, and make the necessary inquiries respecting the
alleged loss or robbery.

SPORTING IN
(RECEIVED
BETTING AT MANI

TELLIGENCE.
THIS DAY.)
DIIESTE R.-TIIESDAT.

CHESTER CUP.
to I agst Crim Con—offd 1000 to 15 apt Burgundy—t
50 to 1 agst Fitz-Allen and afterwards offered
1000 to 16 agst Antler—taken 1000 to 15 agst Morpeth—off
DERBY.
Bto I agst VaR Tromp—t to 100 25 to 1 agst Cobweb colt —olfd
14 to 1 agst Epirote—t to 25 33 to 1 agst Lunedale—offd
500 to 30 sgst Planet—taken :33 to 1 agst Old Port—offd
25 to 1 agst Glentilt—t to 50 33 to 1 agst Wanota—offd
Nothing else named.

DARING HIGHWAY ROEDZRY.—On Tuesday even-
ing last, as Mr. Fauchon, of Wrotham, was returing
from Maidstone market, when he had proceeded about
two miles on the Llndon road he was suddenly as-
sailed by five men, who stopped his cart, and with
great
im
k pr cations demanded his money. They drew
the cart to the side of the road, struck Mr. Fauchon
on the back of his head, dragged him out of the cart,
Ind Succeeded in robbing him of a cheque for 341., one
,I
c4:ereign, and a silver watch. He immediately re-
-IYrotcl to Maidstone Rnd gave information to the po-
Ir but the ruffians have rot yet been apprehended.
enr. Fau-chon's purse and a fire-office receipt have been
1 ee found in the wood near the spot.—Maidstone Ga-
Paovis John
lONS FROM THE UNITED STATES.—The
1111 G. Coster, from New York, arrived atLiverpool, re-
orted at the Custom house on the 26th inst., brings 7,195
Ilarrels of flour, and 553 boxes of cheese. The Mason,
front New York, which arrived at Liverpool on the 28th
Mat, brings 17,000 bushels of Indian corn.