The Sun.
London, England, 1856-03-27 00:00:00

they all swore most distinctly that when The deed
was executed the plaintiff expressly stated that the bond
was merely a temporary security until the mortgage was
regularly [executed. The deed itself was quite in the
ordinary form, and male no mention of any such condi-
tion, but, on the contrary, expressly declared that it was
given as a collateral security in addition to the mort-
gage. All the witnesses, however,Atated that the deed
was never read over to them, and that they were quite
ignorant of its cant.mts, and they signed it entirely upon
tae representations made by Mr. Smith as to the object
for which it was executed. • It transpired in the course

of the case that the son of -the defendant subsequently
became bankrupt, and that the plaintiff' took possession
of his property under the mortgage deed, and was at the
present time in the receipt of the rents. It also appeared
that there had been a (rood many legal proceedings be-
tween the parties, and that one a Mr. Smith's bills for
costs amounted to 6001.

Mr. Petersdorff havieg intimated that it was not his
intention to call witnesses,
Mr. Hawkins, in summing. up his case, made some
severe remarks upon the conduct of the plaintiff in the
transaction, and he said he was astonished, after the evi-
dence that his witnesses had given, that nu evidence was
adduced on the part of the plaintiff ; and he urged that
it was clear that he was aware that he could not answer
their testimony, and that the attempt that was now
being made to enforce the bond was nothing but a scan-
dalous fraud.

Mr. Peters(lorff then addressed the jury for the plain-
tiff. He said that it was entirely upon his responsibi-
hty that the course of
.not- calling witnesses had been
taken, and the ground for his adopting it was that he
really considered the defendant had made out no case
at all that required au answer. The deed was proved
to have been executed in a legal and proper manner, and
it expressly stated that it was given in addition to the
mortgage security, and all the parties concerned must
or ought to have been aware of the fact. Ho then com-
mented upon the evidence for the defendant, and said
that, if the statements made by the witnesses were to
he relied upon, it was a most extraordinary thing
that when the mortgage deed was eubeequently
executed the defendant did not insist upon the bond be-
ing given up, which he would have been entitled to do
•
if his representation of the facts was correct.
Mr. Baron Alderson, in summing up, said that by the
alteration that had beeu made iu the law they were now
really in the present case sitting as a coact of equity,
without having any of the powers pa‘qicsied by a court
of that description. If this case were submitted to a
court of equity, the first thing they would do would he
to see what amount of money was really due to Mr.
Smith, and that would be paid first out of the personal
estate ; and if that were fottud sufficient to satisfy the
c:aiin the bond would at once be ordered to be delivered
up. This court had no such power ; but, as the act of
Parliameat said they must deal with the case, they
must do so as well as they could. Ho then explained
the nature of the Ca, a to the jury, and said that,
it being admitted that the bond was properly executed
according to law, an attempt was made to set it aside by
evidence being given that when it was executed
there was an understanding come to totally different to
that which the bond itself intended to convey. If this
were made out to the satisfaction of the jury, they were
at liberty, as the law now stood, to set the bond a ide
and return a verdict for the defendant ; but he could not
help observing that it was a very serious matter to destroy
the effect of a solemn instrument under such circum-
stances, and that, in the present case, six years appear to
have elapsed since tho execution of the instrument.
The jury retired, and after being in deliberation some
time they returned into court; they found a verdict for
the defendant, because they were of opinion that the
mortgage deed had not been acted upon.
The learned Judge declined to receive the verdict; and,
after telling the jury that they had better re-consider the
matter, and that they were not bound to give any reasons
for the decision they might come to, they again retired,
and in about a quarter of an hour they came into court a
second time, and gave a verdict for the defendant.
Some technical points that were raised by Mr. Peters-
dorff were reserved for further consideration.

OXFORD CIRCUIT.—HEREFORD, March 26.
ROBBERY BY A POSTMISTRESS.

Esther Preece, married woman, postmistress at Worm-
bridge, Herefordshire, was charged with stealing several
letters and their contents. Mr. Huddlestone was engaged
for the defence, and by his advice the prisoner pleaded
guilty. The circumstances are these—Letters and parcels
having frequently been lost in their transit through
Wornibridge post-office, and complaints having been re-
peatedly made, Mr. J. Ramsay, inspector-general of the
Poet-office,with an assistant named Motile, came to Here-
ford to prosecute an inquiry. On 13th Feb. a letter, con-
taining some flask notes of the " Bank of Folly," and
some marked coin, addressed "Mies Jacobs, Mr. Hughes',
Woodbridge, Suffolk," was sent, as though by mistake,
through the Wermbridge post-office.' Os the 10th, an-
(.ther letter, addressed " Mr. Cadwallader, Park Cottage,
Warebridge, Herefordshire," iu which Were placed three
one-shilling stamps and a marked shilling of the reign of
George ILL, was sent to the same place, and it was the
duty of the postmistress to return them the same even-
inng, endorsed " misaortea." Those letters, however,
did not find their way back to Hereford, and a search
warrant was issued, armed with which Mr. Superinten-
dent Grubb and Mr. Motile went to the post-office on the
following Wednesday. They questioned prisoner about
the missing letters. At first she denied all knowledge of
them, bat afterwards said she sent them back to Here-
ford. On being told that they had a search warrant,
she allowed the parties to search her clothes, and then
went across to an escritoire, professing to busy herself
about some children's clothing. The superintendent de-
reanded the key, and found a small workbox, in which
-were concealed the flash notes enclosed in the first letter,
and which had been marked by Mr. Ramsey before they
-were sent. There was in the kitchen a baking-trough fills d
with dough, and from something which occurred the
officer was induced to examine this also, and- found
busied in the dougb, about three inches below the sur-
40a, the marked shilling and the stamps contsirtul In