The Sun.
London, England, 1867-12-06 00:00:00

LAW INTE

COURT OF EXCHEQUER.

ACTION AGAINST THE PROPRIETOR OF " FUN"---

BERGER AND 31'CLEANE.
This was an action to recover the whole of the
purchase money of stock and library of the Fun
newspaper, and also compensation for the non-
delivery of certain volumes, reams, electrotype
plates, stereotype plates, and wood blocks.
_ _

_ .
Mr. Eyre Lloyd appeared for the plaintiff ; and
Mr. Digby Seymour, Q.C., a'id Mr. Sharpe for the
defendant.

It appeared that in the worth of August last the
whole of the library, consisting of 590 volumes
bound, 87 volumes in p:tp,,r, and 1,700 reams,
together with 590 stereotype plates, electrotype
plates, and wood blocks belonging to the Fun news-
paper, were bought by Mr. Berger at a sale at
Southgate's, the well 'known auctioneers, for the
sum of £6OO. Mr. Berger gave Mr. Southgate two
cheques for £2OO, a bill for £2OO, and another bill
for £4OO. This amount had been all paid. After the
delivery of the property at Mr. Berber's office he
made an examination of it ; he found a great number
of every description missing; and, what was more
important, the stereotype plates and blocks were
deficient, so that, in case of the volumes and reams
being missing, it was impossible to replace them.
Ur. Berger considered that he had lost a great deal
by them. He anticipated that he should have
50,000 vols. in, and, only selling them at ls. a vol.,
he should make a profit of £3OO or £4OO, or
£5OO. In cross-examination plaintiff said that he
did not know of any solid reason why his bills
should not be accepted. They had been paid. He
had been a bankrupt in 1858. He had not been
bankrupt in 1865. He had compromised with his
creditors. All their debts were secured. He paid 40s.
in the £l. (Langhtet.) it was because the pro-
perty was so ample and valuable. He might have
made an assignment in 1861. There might have
been County Court judgments against him,
but not to his knowledge. He did not see what
this had to do with the case. He had rebought his
property by paying 20s. in the pound, and every
creditor he had then he bad now.

At this stage of the proceeding the learned Judge
interposed, and said he considered there was no de-
fence. He proposed that the parties should compro-
mise it. This suggestion, however, was not
accepted, and the case proceeded.

COURT OF DIVORCE.

YEATMAN V. YEATMAN, DEMPSEY, AND BLACKBURN.

The Judge Ordinary this morning summed up
the evidence in this case, after which the jury re-
turned a verdict, stating that the respondent had
not committed adultery with either of the co-
respondents.

The petition was therefore dismissed, with costs.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

TEMPTED TO CRIME THROUGH ILLNESS AND DIS-
TRESS.—John O'Brien, tailor, who appeared to be
ill and in great distress, was charged with stealing a
leather bag, the property of Mr. J. B. Key, Albe-
marle-street.

David Bonce, coachman to Mr. Key, said that
on the previous afternoon he was standing with his
master's carriage at 9, New Bond-street, when he
felt a jerk, and, on looking round, saw the prisoner
leaving the carriage. He called the attention of his
master and the shopman at 9, New Bond-street,
and they went after the prisoner, who dropped a
leather bag which he had taken from the carriage.
Police constable Holding said that when he was
called to 9, New Band-street, to take the prisoner
into custody, the prisoner said, " I am guilty of it.
I took the bag, andl am sorry for what I have done.
Want has driven me to it." The prisoner appeared
to be ill, and on searching him only a farthing was
found in his pos:fession.

In answer to Mr. 'Knox, the prisoner raid that
ie had lodged fur tw•o nights at a common lodging-
.lollse in Westminster, paying 4d. a night.
Mr. Knox asked the prisoner whether he wished
x) say anything.

The prisoner said that he was passing the car-
riage, and seeing the_ bag in it, and being in great
distress, in an evil moment he took the bag. lie
could have got away with the bag had he thought
proper, but he had no wish to do so. He was
guilty.

Mr. Knox said he could not pass over such an
offence, and committed the prisoner for a month
with hard labour.

BANK OF FRANCE

PARIS, Dec. 5.
The following is the return of the Bank of France
for the week ending to-clay, together with the cor-
responding figures of the previous account :

DEBTOR.
Dec. 5.
fr. 4.
182,500,000

Nor. 28.
fr. o.
182,500,000

Capital of the Bank....
Profits in addition to
capital (Art. 8, Lan,
June 9, 1857)
ReserTe of the Bank
-' and its branches
ReserTe of landed pro-

7,044,776 02

7,044,770 02

22,105,750 li 22,105,750 14

party 4,000,000 4,000,000
Notes in circulation
Banknotes to order and
receipts payable at
sight
Treasury account cur-