The Sun.
London, England, 1856-11-05 00:00:00

COURT OF COMMON PLEAS.

(Sittings in Banco.—Before J Intices Cresswell, Crowder,
and Willes).

MATHER V. LORD MAIDSTONE.-ACTION UPON A BILL
GIVEN IN COSIDERATION OF A FORGED BILL.
_. .

This was an action upon a bill of exchange for 1,000/.,
drawn by the Honourable Francis Charles L twley an•i
accepted by Lord Maidstone ; and there was a plea,
to the effect that Lord Maidstone had accepted the
bill in consideration of another bill, which be believed to
have been accepted by himself, but which in fact turned
out to be a forgery. The replication stated that the
forged bill had baen inspected by Lord Maidstone
previous to his accepting the renewed bill, and be never
on that occasion said that it aas a forgery. The sae
came on fir trial at Guildford, before the Chief Baron,
and a verdict was found for the defendant.
Mr. M. Chambers now moved for a new trial, upon
the grounds of misdirection and that the verdict was
against the evidence. He stated that the facts as a,
that in the month of May, 1854, Mr. Clark took to
the plaintiff a bill for 1,0001., which he discounted.
That hill was drawn by the Hon. Mr. Villiers, and ac-
cepted by Lord Maidstone. The bill, when presented
at the Union Bank, was dishonoured. Oa the 19th
July, Mr. Clark brought another bill, purporting to
have been accepted by Lord Maidstone, and which the
plaintiff took in renewal of the first bill. That bill was
also renewed when it became due, and when the third
bill was sued upon, Lord Maidstone set up the defence
that the second bill was a forgery, and at the trial he
gave evidence to that effec`. Th• Chief Baron left it to
the jury to consider whelier the plaintiff had, or ha
not, given consideration for the bill that he gave up
when he took the forged bill. This, it was now sub-
mitted, was an immaterial issue, and was not the ques-
tion upon which the cause turned. It was also submitted
that there was ample evidence of consideration, and
that the verdict was clearly against the weight of
evidence.

Mr. Justice Creswell. thought that there must have
bee❑ something more in the summing Up than they had
heard.

IZule granted.

POLICE INTELLIGENCE.—Noo. 4,

GUILDHALL—Alexander Stainburgh,, an agent, of
20, St. Mary Axe, was bronght up on remand, charged
with obtaining money and bills to the amount of 1,550/.
from Mr. John Deporter, a merchant, of 61, Grace-
church•street, by means of false pretences. He was
also charged with conspiring with Charles Collinc to
defraud the pro,!ecutor out of the same.
Mr. Sleigh, who conducted the prosecution, before
proceeding with it, required that Collins should be placed
by the side of Stainburgh.
.Ir. Robinson, who appeared for Stainburgh, said—l
object to Collins being placed in the dock at present.
Ou the last examination it was said, " Why not produce
Collins ? " and now that he was ready to give evidence
in favour of the prisoner he is to be placed at his side.
He was to have been called as a witness for Stainburgh,
and then when he comes he is placed in the dock as a
prisoner, not only depriving the prisoner of the benefit
of his evidence, but placing him in such a position that
he cannot say anything fur himself. There bad bee❑ a
person named Neumann mentioned a■ connected with
these transactions, but I suppose if he were to appear he
would also be taken into custody. Now I claim that
Stain burgh's charge may be gone into singly, and that
he nay have the advantage of Collins's evidence.
Mr. Sleigh—l claim that they shall both be placed at
the bar.

Mr. Robinson—l have no objection to that course, if
I am to understand that the first charge is abandoned.
Mr. Sleigh—Nothing of the kind.
Mr. Robinson—Then I object to the charge of con-
spiracy being gone into at present.
Mr. Robinson and Mr. Lewis, jun., who appeared
for Collins; having protested against this course being
adopted,
Sir R. W. Carden overruled the objection, and Col-
lins was placed in the dock.
Main, a detective officer, then brought the prisoner
Collins from Springate, the gaoler's room, and placed
him at the bar.
Mr. Sleigh—The charge I shall make against the pri-
soners is that they conspired together to defraud Mr.
Deportee out of 1,5501, by means of false pretences.
Stainburgh went to the prosecutor, and told him be had
some good business for him, to the amount of 1,5001. in
chairs, and the man who had to sell them would take
his bills for them, and be aso said that he bad a per-
son who would buy them for Si. per cent, less than that
amount for cash. Previous to the prosecutor parting
with his cheques and bills, Stainburgh called upon bun
with Collins, and represented that he was the person
who would buy the chairs, and he represented himself
that be would buy them. On one occasion he held in
his hand a piece c f paper purporting to be a cheque,
and said "I believe that is the amount I am to pay you,"
pointing to figures representing 1,4251., and Mr. De-
porter said Yee." The prisoner Collins, who represents
he can draw a cheque for 1,4251., is nothing more than
a gaol bird, and was in and out of Whitecross-street pri-
son during a e whole of 1356. He is not a solvent man,
but an ancertificated bankrupt. I will show that it was
not until after Collins had acted his part well, and had
shewn the reputed cheque, that the prosecutor was
thrown off his guard, and then the next day he fell into
the trap and parted with his money and bills. Some of
the bills have been recovered, and the remainder will
have to be provided for, or the payment resisted in a
court of law.
The depositions were then read over to the prisoner
Collins.

Mr. John Deporter, having been sworn, said—The
depositions taken on the 30th October are correct. The
person referred to in them by the name of Collins is the
prisoner at the bar. When he called on me he showed
me acheque for 1,425/.
Cross-examined by Mr. Robinson—l was to buy those
chairs and believed they were things to sit upon. He
COURT OF QUEEN'S BENCH.
did not say to me that they were " chairs to sit upon,"
but he did say so to two of my clerks. To me he said
err EE WM. COBBETT.—A WIFE'S PERSEVERANCE. "chairs." I counted the numbers on the papers he gave
In this case, a notice of an application, by Mrs. Cob- am and saw there were 1,00. The reason I was going
bett, for a habeas corpus, to bring up the body of her to sell the goods for lesa than I gave for them was be-
husband, that he might be discharged out of custody, in cause I could buy figs in the market so low that I could
which be is detained under arrest for the coats of an make up the loss, and a good profit besides on the re-
action against the trustees of the Winchester Turnpikes, sale of them. I was therefore willing to sacrifice 751. by
and in which be was nonsuited, appeared in our yester- the transaction. I had no speculation in buying fir
day's paper. The learned judges intimated to Mrs. from any particular person, but I was to go into thee- -2-
Cobbett that they would look into her affidavits, and ket and buy them.ear-
give her an answer this day. Accordingly, at the close Sir Robert W. Carden—He has stated before t',iiat
gs
of the day's business, when the bench had gone through were very tow, and he wanted to go into tt
.46 m figs
ark-et the bar, and buy them to advantage.
pay
to a for
Ant. per p
annum
Lord Campbell, addressing Mrs. Cobbett, said—We Witness continued—l wanted the mon•,,y
y
have looked into your affidavits, Mrs. Cobbett, and we the figs, and was willing to 20 per c
think that the two learned judges before whom your first for the money to do so.
applications were made, were quite right in refusing Mr. Robinson—What is the amou•A/- of
R. your bills out-
your request. We wish to show all indulgence to you ; standing ?
but having examined the affidavits, and conferred with Mr. Sleigh—l object to that enneStion.
gave Stainburg
the two learned judges--Mr. Justice Crowder and Mr. Mr. Robinson—Were the bills you
you had by you ?
Baron Bramwell ---we are of opinion that you must be drawn for the purpose or soilen
era were some I had by me,
bound by their deci ion. I wish to treat you with all Witness—Those I ender, tenderness and courtesy ; but— and my acceptances were for the purpose. I gave him
on the 2:cith of October, and on the same
Mrs. Cobbett --Pardon me, my lord, but I understood a 2111, cheque
emu him the bide, he brought eue
You to say yesterday that you would hear me make a day, after I bad motion for the discharge, by habeas, of my husband out back the money fon.it, at my request, and Igave him a
of custody,
place of it I did this as Eg ''-
crossed cheque in,
wis Aid to
Lord Campbell—.you see, Mrs. Cobbett, we heard see through wl'eose bank it Was paid in. I hare been in
your motion yesterday ; and I am now going to pro.- business, in L.odon for two years, and preview,' to that I
flounce the judgment of the Court.was with re.: father. I obtained a portion of his busi-
cation was that Mr. Cobbe Now, the aPPIr•
tt should be discharged, ness, and Seommenced with a capital, but did not receive
because he had been arrested when he was entitled to any of it from my father.
"privilege; =.
Cobbett—That ve Sir Fe. W. Carden—l think you cannot pursue this
lord. as not my application, my courses, for it does not bear upon the question.
Ir..r. Robinson—l only wanted to know if he had re-
Lord Cempbell—Tery well. Now, if we were to ive ceiered any
,—_,..
entire credit to his going to Southam ton to make money from his father, and he says be has
1
legal search for
• • • -
rin WORCESTER AUTUMN RACES.—TUESDAY.
Paper; as
„described, our opinion isa, P-utCross-examined by Mr. Lewis—idly father is my bro. THE SoLENT.—Great complaints have recently been Sweepstakes of 5 goys each, with 25 added, for two and
that he was not "privileged" at the time e WAS arrested. ker. Re has been a bankrupt, and obtained his certifi• made by commanders of ships of the scarcity of pilots
and that Mr. Justice Crowder and M
three-yr-olds. One mile. Thirteen subs.
Bacon Bramwell cute about four years ago. I knew a person by the name in rise Solent sea. Both the mail steamers Euxine and Mr. E. Parr's Stork, 3 yrn Bst 7lb (Kendall) 1
were right in the decision to which they had come. *We of Thallasso, but he does not assist me in my business. Vntra, which have just arrived home, were brought Mr Hank' Harris, 2 yr., Est 71b (H. Ducker) 2
are of opinion, therefore—
Mrs. Cobbett—Excuse me, my I also know a person by the name of Leo. He was pre- through the Solent and up Southampton water, with Mr.. G. Dr: ' ' D 2 fist 71b
we s The upe, yrs, (Bray) 3
lord ; I bete your sentat times when Stainborgh was atmyplace; he did not cut a pilot, in the dead of night.
lordship's pardon ; but Mr. Baron Bramwell without count the shares, but wben Collins did not come on WITCHCRAFT.—A' woman named Bathe preferred a Phlegon out et Amaryllis, Primrose, filly by Alarm out
bearing us at all, or knowing anything of the 3
which Mr. Justice Crowder decided, decided grond on Monday evening, he took them to a share broker to as- charge against Ruth Mashman, a reputed witch, for ex of Alicia, Caledonian, and Odd Trick.
We wanted, by habeas, to remove my huolanadgainet us, certain their value. He had been a bankrupt. Mr. torting money, at the petty sessions, Shepten-Mallet, on Betine_
The followin also ran :—Typhon, Giantess, filly by
2 to 1 on Stork, 5 to 1 asst The Dupe. The
Stainburgh brought Collins to me ; he did not produce Wednesday last. It seems that Mrs. Bathe applied to the favourite made all the running, and after a good set
up
Lord Campbell—Another ground of your)lication, a ruining. journal, but before that he did show me witch to have her assistance in breaking the spell of a„. with Hanrie won by a head ; about six lengths sepa-
Mrs. Cobbett, is, that there had. been te commitment
Mr. Cobbett to Horsemonger-lane Gaol. of mining Journal about something else he wanted me to ther witch upon her husband, who has lately been very rated ti-,e second from the third ; Typhon was close uP
enter into. When Collins produced the piece of paper unfortunate in his undertakings. Mashman agreed to with Teh D the others were tailed off ;at the last
Mrs. Cobbett—That le our complaint, my lord •
e Dupe ;
, and which I believed to be a che ne I •
q did not see upon what charm away the spell, and as a remuneration she obtain• turn
it has cost me nearly 10/. to get hint removed fits the b •
Queen's Prison. yes, that is our complaint against the
banker it was drawn, nor by whom it was drawn. I only ed a coup of onions, a great portion of the woman's fell,
saweh the figures 1,4251. I did not see the number of the clothes, and a 1 trete sum of money; indeed she was in the ll'endica S t kes of 5 sous each, with 40 added,
Baron Bramwell; and that is one of the important
points, my lord, of my application to your lord- lookedatit, ;and the figures only were pointed out to ever she wanted any of the above articles, which wag Sweepstakes a
winner of 50 soya clear after the de-
-Ifo:B2ud.l
jclpT3. riekran out, came in contact with a post, and
claratYior.° ofs ;thae weights, slb extra ; the winner to be
ships. When we got the habeas to send my husband to
Collinsii did not give me his address, but he did give pretty frequently. MT's. Bathe, ens day needing the sold for SO sous, if demanded, &c. About one mile.
the Queen's Prison, Mr. justice Crowder sent him to it to my
and Mr. Baron Bramwell Would bc ark. I have not been to Collins's office myself, witch's advice on some point, paid her a visit, and at
Horsemorger-lane Gaol,
ut I have sent several times. My clerk wrote a note to the end of the convent ion had a small box given her, Mr. (•N (Bearpark) 1
not listen to us. Have your lordsbipe read the affidavits? Mr. Collins, and
2
this produced is in his handwriting, with strict injunctior snot to open or show it to any Air
•Jones'sHeads and Tails, 7st 411) (J. Forster) ,
Lord Campbell—We have read the affidavits, and but I did not see '
it before he sent it. Collins called on one but her husband. Shortly after her coming into e- '
(D. Hughes) e
they require no answer ; and we are of opinion that me on several
4.r. E. Smith's S Neetbri ,
ar 7,4 t 4:b
my
lord, legally ! Why, he can. have got Lack several of my bills. - - -
occasions before the 27th of October for 1 possession of the box she became very ill, and
hion filly.
ran :—Chow and Amp
Mr. Cobbett is legally in custody. the chairs. Those calls were by my appointment I believed hereelf under the influence of the witch'
Mrs. Cobbett—Ole,
craft, nod the box was considered to be the ,
• two lengths be-
not be legally in two places at once. (Laughter.) Mr. Lewie—na
i ago Sweetbrier. Won by a length ,
the
ye you spoken to your attorney about cause of the illness. At, thispoint two "wisear , "
Lord Campbell—Now for the judgment. Now, as to getting back the remainder ?
ecen
respectable farmers, were, consulted about the h' Jr, h
en a long way.
your application that M. Cobbett shall be brought up M.r. Sleigh—l object to tit
Lettthird and fourth • kmphion filly was beat
, - .
at question. * . little
on being told that the witch had averred tide house
by habeas to be discharged, that application we refnee. Sir R. W. Carden--It •
of fo
I Mr. Martin (the chief clerk is a privileged communication. would be blown up on its ,being opened, th•
We, therefore, cannot grant your application in other , Mr. Lewisyes, a, d
.ey declined The Worcester Autumn Handicap, a bweep stakeswith 100
itongnentrsbealcike
dhnisesb,dalsn.d ,
ndieotin.egd it and
readiness
naddianeman maned hood was se.-
respects. The winner was bought in for 76 guine,as.
,et for, who de- sous each, h ft, and 3 only if declared,&c., Rs. to oeyen the sue
`.. box was opened,
terl box though added • c tain winners extra. Two wiles. 28 subs,
Mrs. Cobbett—But, stay, my lord. The question in ; would be eery glad to du a.
th, •
devil himself was t'aere. Tb , er
whether your lordshipa will hear centred, as you cannot Mr. Lewis- By c' • i ritutna proceed' 2 IsC re enough the devil'
aged, 7st 311, (includ-
e; portralS by Mashmen in coleura 1-
hear me. There is a ress • ' it'st MT
k ' eie P. W Carden-1 d Ido in-.
US. , , - -,• W. er en-- n L. , ,
, Lord Clifden's Poodle, by lon,
band, and all that I nogw a c"s.P'racY
a6a
' ot tainitit aro ,r' was found inside t
(Wakefield) 1
t p per elneseor.. I • agetber with a verse of Scripture
sk the Court is to heat even- , Mr. Lewie —This inquiry shall and 9of whom declared.
ins 51b e,xtra.) .
2
6 rs 7st 71b (Snowdon)
eel in his behalf. I fear, my lords, that I have not made ,
Sir :I. W. Carden (in surprise) no be euporeeeee. 1 written baciewards,, ?and eorne toads' legs. The discovery le - -
, r. Rigby a Pantomime, y , 3
, Est 101 b (Deles) 3
myself understood to your lordship s• do not want a,l Mr. Rubinson —I think we c—Nir. Lewia 1 I led to the takiinc
; up of Mrs. Mashman,and it being
Mr. Barber's Prince of Orange, yr., ,
habeas co •
rpus , I only want that your Idl. • •ll I Have yon directed your attoine t
canget at •'
at JOT 0 'Ts aril! , _
o attach the assent in ! I neane, she Was ofiratnitted to the Shepton•Mallet House B sots'The following.
consent that counsel shall come h 'rule • the heeds of Stainburgh's bankerra.
here to move for a
and Homily.
nisi, calling on the opposite side my ! 3ar. Sleigh—l object to your answer' cif Correction fen six we des e. In the same woman's house le t •
e ting-6 to 4 asst Poodle, 5 to 1 each asst Prince
husband should not be discharg do show
causewhy
. ' Mr. Robinson—l certainly shall , ing the question. ,on its being se ,arched, a few weeks ago, Police-constable' or, Homily made the running
o.ut of custody.
. I ,
~
as 4 the question. , li•rmery steppe ,d on a loose stone, and on i Orange and Lough Bawn.
her stable
cannot possibly argue points of law RW C d Ireally is '
ts removal clis- ne -the last t where she dropped away, and
with your lordsnipe ! Sir R. W. ar en— t
and I therefore ask your lordahips to consent to coon-' : Mr. Robinson—My client is in a difficult enlarge. . c overed a cr, Jck containing several toads. It is robable. I exit la' Poodleurn'
took the leadand won by half a length;
sel being heard. I have the opinionoftht
he thinks it Is of importance that he should position and t'he praotice . has been handed down from the days of Ia '1 Pgathi°lld half between the second and third ; a
Mr. Cobbett is entitled to be discharged counsel that he _ „ .t _ t
and know it. nihakspeare4 ,of preserving under a stone, as in Macbeth 1 i en
and a
• d • d fourth; bad fifth. Homily
; The quesnen was ultrma ely pu ~ answer •
e ngth between the third an
pass the
Lord Campbell—Have you instructed con -1 ? affirmattve. ed in the .—" Toad t bat under the cold stone days and nights ( :tend Lou pulled up and did not
Lough Bawn were
lira. Cobbett—No, my lord; but I havenbethirty-one, has sweltered venom ales '
counsel's Witnees (in reply to Mr. Lewis)—l have given velum t Advertiser eniaz got."—
Brist*'?"! ~, P mat- The weights were cot raised, but were those at
,
1,,*0 hinil the houses were originally handicapped; the

Mr. Glasse (with whom was Mr. Lewis) appeared for
the official manager. He had scarcely commenced ad•
dressing the court when his Honour rose.

Yrs et lb
Boston
Odiham
Escape
Tom Gurney a 10 12
Theodino
Garland
Emigrant
Harry Lorrequer a 10 9
Hopeless Star
131ack Swan a 10 6
The weights for the other races will be published to
morrow.

"Autumn meeting" not being strictly under the New-
market rules.
The Autumn Flying Stakes (Handicap) of 5 rove each,
with 40 added ; the second to save his stake. Rathzr
inore than half a mile. 30 subs.
Mr. F. Fisher's New Brighton, by Birkenhead. 6 yrs,
gat 1016
(D. Hughes) 1
Mr. Clarke's Prine's Mixture, 3yre, 63t41b(Pritchard) 2
Mr. T. Gilby's Ella, 2 yre, 5 st (Challoner) 3
Mr. Brown's Fl,away, 3 yrg, rit 8:b (Bray) 4
Tne following also ran :—Flacrow, Welbarn, ;rack
Sheppard, Little Gerard, Octavio, .A.fighan, Maid of Ca-
diz, Typhon, Biron, Madame Clicquot, Profile, and An.
not Lyle.

Bitting-3 to 1 apt Ella, sto 1 each abet Madame
Clicqlnt and New Brighton, 7 to 1 agst Jack Sheppard,
Bto 1 agst Flyaway. New Brighton jumped off in
front, made strung running, was not headed, and won by
half a length ; a head between the second and third,
same distance ly..qween the third and fourth. Weiham
and Flaerow were next, well up.
Selling Stakes of 5 scvs each, with 25 added, for 3-yr-
olds and upwards. Oue mile and a quarter. Seven
subs.

Mr. Carr's Cosßey, by Melbourne, 4 yrs, 7st 91b (car.
7st 10ib) (201.) (Aldcroft) 1
Mr. Fry's Ida, 4 yrs, 7st 61b (201.) (D. Hughes) 2
Mr. Thomas's Indian Queen, 3 yrs, 6,t, 21b (201.)
(Pritchard) 3
The following also ran :—Teddy, Blue Bell, Towwr,
and Schauiyl.

Betting-2 to 1 agst Cossey, 3to 1 agst Teddy.
Won by hall a length ; a head between the secon,l and
third ; good fourth. The winner was bought in for 48
guineas.