The Sun.
London, England, 1867-06-01 00:00:00

THE SUN, LONDON, SATURDAY EVENING, JUNE 1, 1807.

LAW INTELLIGENCE.—This Day.

COURT OF EXCHEQUER.

Sittings at Nisi Prius before Mr. Baron Pigott and

a Common Jury.)
DRIVER V. DALBY.

This was an action to recover the commission for
selling the lease of a house belonging to the de-
fendant. _ _

Mr. Digby Seymour, Q C., and Mr. Butler
Rigby appeared for the plaintiff ; and Mr. Sergeant
Parry for the defendant.
It appeared from the statement of Mr. Seymour
that the plaintiff carried on the business as house
agent, &c., in the neighbourhood of Oxford-Areet,
and that the defendant was the proprietor of a house
in that street, the lease of which he desired to dis-
pose of, and which he had placed in the hands o
Messrs. Wagner and Co., but which, it waCalleged by
_ _

the plaintiff, he afterwards instructed him to dis-
pose of, agreeing to give him 21 per cent., and subse-
quently when they were compelled to lower the
price 5 per cent. The plaintiff sold the lease of
the house to a Mr. Peacock, who gave £265 for
it. It was for 5 per cent. commission on this
amount that the action was now brought.
Mr. Driver, jun., said that he had seen Mr.
Dalby about the house in February last, and that
he had instructed him to see the house. He knew
a Mr. Peacock, who was desirous of buying it, and
he called upon him, and he offered .£l5O, and sub-
sequently raised his offer to £265, which was
accepted.

Cross-examined—He knew that Messrs. Wagner
and Co.'s bill was on the house. Mr. Dalby did
not say that he would have nothing to do with
them, but he said that he could not give them an
answer until he had seen Mr. Wagner. Ile charged
5 per cent., because the amount of money was to
be reduced. It was customary to do so.
Mr. Peacock said that he saw Wagner's bills on
the house, and went to the plaintiff and asked him
if he had the disposal of it. He said he had, and
lie (witness) offered him £l5O, and afterwards
£250. The plaintiff then agreed to give him £l2
out of his commission, and he raised his price to
£265. He supposed that if the plaintiff did not get
the commission that he he should get nothing.

Mr. Day, house and estate agent, stated that 5
per cent. on the purchase money and the year's
rent was always charged in such transactions.
The defence was that the defendant had never
instructed the plaintiff to let the house for him at
all, and he and his witnesses gave evidence to prove
this.

The case was not concluded when we went to press

POLICE INTELLIGEtICE.—This Day.

BOW-STREET.

PROFESSOR HARRISON AND HIS PUPILS.—James

llarrison, " the Strongest Mau in the World," and
landlord of the Sheridan Knowles public-house,
Brydges-street, appeared in discharge of his bail
to answer a charge of inflicting grievous bodily
harm upon two persons, named William Jolley and
and James Rainey, on Thursday last.
Mr. Abrams appeared for the defendant, and
stated that he had but just been instructed in the
case, and as there were a great number of witnesses
whose evidence was very conflicting, he bad to ask
for a further remand until next Tuesday.
Mr. Flower at once acceded to the application,
and the bail having been renewed " The Professor"
quitted the court with his friends.
Two respectably dressed men, named Smith and
Fearman, were placed at the bar, on remand, charged
with stealing a cheque for £lO, the property of Mr.
Mason Jones.

From the evidence it appeared that the wife of
Mr. Mason Jones, on the 15th of May, had her
pocket picked of her purse, containing a cheque
for £lO, a Bank of England note. for £5,
two sovereigns, a receipt for gas, and other
trifling things. On discovering her loss she
sent to the bank and the cheque was stopped.
On the same afternoon the prisoners entered the
Plough public-home in Museum-street, when smith
told the barmaid he had found a cheque, but that he
should like to restore it. At this time a person who
h ad been partaking of refreshment left the house,
wheuSinith asked the barmaid if she knew his name,
as more than likely he was the person who had lost
the money. She told him she did not, but that if
he would write his name on an envelope, in the
event of his returning to make inquiry about it, she
would give it to him. Smith then wrote on a paper
the following address :—" S. W. Walters, 15,
Berners-street, Oxford-street." After the men had
gone away the barmaid, on entering the taproom,
found a receipt for gas made out in the name of
Mr. Mason Jones. Knowing that that was the
name on the cheque, she at once communicated
with the lady. When the nature of the robbery be-
came k nown Dowdell, a police constable, succeeded
in taking the two men into custody. The prisoner
Smith had obtained the amount of the cheque from
a Mr. Gould the proprietor of the Enterprize public
house, in Long Acre, on the representation that he
had received it from Mr. Mason Jones for
work done—that Ile had had previous trans-
actions with Mr. Jones, for which he had been
paid by cheques, and that he always found them
right. The address written by Smith on the
envelope was a fictitious one.

Mr. Metcalfe, on behalf of Mr. Smith, said the
men had picked up the cheque at the Plough
public-house, where it no doubt ha9l been lef t
by the actual thief, and that as they had not
attempted to negotiate it immediately after they
had found it, but, on the contrary, had shown it to
the barmaid, and expressed a desire to return it to
the kowner, there was no evidence of felony,
neither was there any evidence that the prisoners
were at all connected with the omnibus robbery.
Mr. Flowers said they might have easily ascer-
tained the address of Mr. Jones by applying at the
bank, which they had not done, and, moreover,
Smith had actually made use of a false representa-
tion to get the cheque cashed. Uncle:. these circum-
stances, it was his duty to send the case to a jury.
The prisoners were then duly committed for trial,
but admitted to bail.

a portion of the knife in the wound. Crockett died
three days afterwards in the London Hospital.
Five Swedish seamen were charged with-being con-
cerned in the affray, but the evidence was insuffi-
cient, and Mr. Partridge had die charged them, re-
marking that a " foul murder" lad been commit-
ted, and.that he hoped the police would be enabled
to trace the guilty parties. Since this Mr. Part-
ridge has received a letter from Messrs. Coubro and
Potter, the employers of the dece:tsed man, which
the Magistrate handed to our reporter, and of which
tke following is a copy:—
<< 65, Frederick-street, London, E.C.,
-May, 31, 1867.
" Sir,—The man, Charles Crockett,' who was
stabbed in Chapman-stree, St. George's
East, on the 13th inst., uncicc the circumstances
brought before you at the examination ou the 18th
inst., was a carman in our emeloy. lle had been
in our service for the last seven years, and during

that time conducted himself without a single breach,
soberly and honestly. II: has lel-, a widow and one
child. The wid my will probably be confined next
month. Our object in writing to you is to ask if
there b 3 any fund at your disposal or the Govern-
ment's, for the aiding to keep the widow and chil-
dren of a poor man thus sud denly brought to an
end by the hand of an assassin in the public
street ;. we, of course, will du all we can afford
to do to alleviate the helpless, condition of Mrs.
Crockett, but our own aid could only be of a tem-
porary kind, and then the burdin of maintaining and
educating the children will fall upon her own exer-
tions, unless assisted by something of the nature of a
pension from Government. Mrs. Crockett has re-
ceived from the club of which her husband was a
member the sum of £7, being all she is entitled to
from that source. That is already almost all ex-
pended in charges connected with the burial.. If you
would kindly inform us on the above point, or inti-
mate to us any course we should pursue to benefit
the poor woman we would esteem it a high favour.
—We are, sir, yours very respectfully,
CONTRO and POTTER."

Mr. Partridge said he was not aware there was
any fund at the disposition of the Government to
assist the widow of the deceased, and he had never
heard of a pension being granted to the widow or
family of a murdered man. The case was a very
pitiable one indeed, and the poor widow was an
object of great sympathy. The firm whose letter
he had received was a very respectable one, and he
was quite satisfied of the genuineness of the case.
He would award Mrs. Crockett £3 from the poor-
box fund, and he should be very glad if something
more could be done for her.

THE REPRESENTATION OF THE PEOPLE
BILL.

Subjoined are the clauses of the Representation
of the People Bill to which the committee of the
whole House has agreed. They have been printed
with the Parliamentary papers for the convenience
of members, so that each may bo fully informed as
to the progress the Ministerial measure has made in
its passage through the house.
(Short title of Act.)

1. This act shall be cited for all purposes as

The Representation of the People Act, 1867."
(Application of Act.)

2. This act shall not apply to Scotland or Ire-
and, nqr to the Universities of Oxford or Cam-

bridge.

(Occupation franchises for voters in boroughs.)
3. Every man shall be entitled to be registered
as a voter, aud, when registered, to vote for a
member or members to serve in Parliatn2nt for a
borough, will is qualified as follows (that is to s.,y):
(1.) is of full age, and not subject to any legal
incapacity ; and
(2.) Is on the last day of July in any year, and
has during the whole of the preceding twelve
calendar months, been an inhabitant occupier, as
owner or tenant, of any dwelling-house within the
borough ; and

(3.) Has during the time of such occupation been
rated as an ordinary occupier in respect of the pro-
mises so occupied by-rhim within the borough to all
rates (if any) made foi the relief of the poor in re-
spect of such premises ; and
(4.) Has before the 20th day of July in the same
year bona fide paid an equal amount in the pound
to that payable by other ordinary occupiers in
respect of all poor rates that have become payable
by him in respect of the said premises up to the
preceding sth day of Jaiinary, and which have
been demanded of him in manner hereinafter men-

tioned ;
Or as a lodger has occupied in the same borough
separately and as sole tenant for the twelve months
preceding the last day of July in any year the same
lodgings, such lodgings being part of one and the
same dwelling house, and of a clear yearly value, if
let unfurnished, of £lO or upwards, and has resided

in such lodgings during the twelve-mouths imme-
diately preceding the last day of July, and has
claimed to be registered as a voter at the next en-
suing registration of voters : provided that no man
shall under this section be entitled to be registered
as a voter by reason of his being a joint occupier of
any dwelling house.
(Occupation franchise for voters in counties.)

4. Every man shall be entitled to be registered as
a voter, and, when registered, to vote for a mem-
ber or members to serve in Parliament for a county,
who is qualified as follows (that is to say) :
(1.) Is of full age, and not subject to any legal

incapacity ; and who shall be seised at law or in
equity of any lands or tenements of copyhold or
any other tenure whatever, except freehold, for

his own life, or for the life of another, or for any
lives whatsoever, or for any larger estate of the
clear yearly value of not less than £5 over and
above all rents and charges payable out of or in re-
spect of the same, or who shall le entitled either as
lessee or assignee to any lands or tenements of free-
hold or of any other tenure whatever, for the un-
expired residue, whatever it may be, of any term
originally created for a period of not less than sixty
years (whether determinable on a life or lives or
not), of the clear yearly value of not less than £5
over and above all rents and charges payable out of
or in respect of the same ;
(2.) Is on the last day of July in any year, and

has during the twelve months immediately preced-
ing, been the occupier, as owner or tenant, of lands
or tenements within the county of the rateable value
of £l2 or upwards ; and
(3.) Has during the time of such oceupition been
rated in respect to the premises so occupied by him
to all rates (if any) made for the relief of the poor
in respect of the said premises ; and
(4.) Has before tin 2 )th day of July in the same
year paid all poor rates that have become payable
by him in respect of the said premises up to the
preceding sth day of January.
[Clauses s', 6, and 7 were struck out.]
[34. To become Clause 5.]

(The occupier to b;.,, ra,tel in borough, and not the

owner.)

5. Where the owner is rated at the time of the
passing of this act to the poor rate in respect of a
dwelling house or other tenement situate in a parish
wholly or partly in a borough, instead of the occu-
pier, his liability to be rated in any future poor rate
shall cease, and the following enactments shall take
effect with respect to rating in all boroughs :
(1.) After the passing of this act no owner of any
dwelling house or other tenement situate in a parish
either wholly or partly within a borough shall be
rated to the poor rate instead of the occupier, except
as hereinafter mentioned :
(2.) The full rateable value of every dwelling

house or other separate tenement, and the full rate
in the pound payable by the occupier, and the name
of the occupier, shall be entered in the rate book ;
(Except for houses let in apartments.)

Where the dwelling house or tenement shall be
wholly let out iu apartments or lodgings not sepa-
rately rated, the owner of such dwelling house or
tenement shall be rated in respect thereof to the

poor rate.
Provided as follows :

(Provisoes.)

(1.) That nothing in this act contained shall
affect any composition existing at the time of the
passing of this act, so nevertheless that no such com-
position shall remain in force beyond the 29th day
of September next ;
(2.) That nothing herein contained shall affect
any rate made previously to the passing of this Act,
and the powers conferred by any subsisting apt for
the purpose of collecting and recovering a poor
rate, shall remain and continue in force for the col-
lection and recovery of any such rate or composi-
tion ;

(3.) That where the occupier under a tenancy
subsisting at the time of the passing of this Act of
any dwelling house or other tenement which has
been let to him free from rates is rated and has paid
rates in pursuance of this Act, he may deduct from
any rent due or accruing due from him in respect of
the said dwelling house or other tenement any
amount paid by him on account of the rates to which
he may be rendered liable by this Act. 'l-•
[35. To become Clause G.],
(First registration of occupiers.)
6. Where any occupier of a dwelling house or
other tenement (for which the owner at the time of
the passing of this act is rated, or is liable to be
rated) would be entitled to be registered as an oc-
cupier in pursuance of this act, if he had been rated
to the poor rate for the whole of, the required
period, such occupier shall, notwithstanding he may
not have been rated Trior to the 29th day of Sep-
tember, 1867, as an ordinary occupier, In entitled
to be registered subject to the following condi-

tions
(1) That be has been duly rated as an ordinary
occupier to all poor rates iu respect of the premises,
after the liability of the owner to be rated to the
poor rate has ceased under the providons of this
Act.
(2.) That he has before the 20th day of July,
1868, paid all poor rags which have become pay-
able, and which have been demanded from him in
the manner in this Act provided as an ordinary oc-
cupier in respect of the premises up to the pr.•ceding
sth day of January.
PART IL—DISTRIBUTION OF SEATS.
(Disfranchisement of certain boroughs.)
7. Whereas upon representations made to her
Majesty in joint aidresses of both Houses of Par-
liament, to the effect that the committees of the
House of Commons appointed to try the petitions
complaining of undue elections and returns for the
boroughs of Totues, Reigate, Great Yarmouth, and
Lancaster, had reason to believe that corrupt prac-
tics had extensively prevailel at the last elections
for the said boroughs, commissioners were appointed
for the purpose of making inquiry into the exis-
tence of such corrupt practice, in pursuance
of the Act of Parliament passel in the six-
teenth year of the reign of her present Majesty,
chapter fifty-seven, Latituled " Ail Act to provide

for the more effectual inquiry into the exit-
tence of corrupt practices at elections for mem-
bers to serve in Parliament ;" and whereas the corn
missioners so appointed reported to her Majesty as
follows :

(1.) As respects the said borough of Totncs, that
at every election for the said borough since and in-
cluding the election in the year 1857, corrupt prac-
tices had extensively prevailed ;
(2.) As respects the said borough of Reigate, that
bribery and treating had prevailed at the election
in tho year 1859, and had extensively prevailed at
the two elections in the year 1858, and at the elec-
tions in the years 1863 and 1865 ;
(3.) As respects the :ail borough of Great Yar-
mouth, that corrupt and illegal practices had exten-
sively prevailed at the elections in the years 1859
and 1865 ;

(4.) As respects the said borough of Lancaster,
that corrupt practices hal extensively prevailed at
the election in the ycar 1865, and, with rare excep-
tions, had-for a long time prevailed at contested
elections for members to serve in Parlament for
that borough.

Be it enacted that, from and after the end of this
present Parliament, the boroughs of Totucs, Rei-
gate, Great Yarmouth, and Lincaster shall respec-
tively cease to return any member or members to
serve in Parliament.

SPORTING INTELLIGENCE—This Day.

VICTORIA CLUB BETTING.
Though many members were absent in France
a fair muster assembled, and speculation took a
somewhat extended range. For the Grand Prize
of. Paris Patricien was in good demand at 2 to 1,
while D'Estourncl at half a point more was
backed, there being, however, a strong disposition
to lay against the latter ; neither of the others
were in anything like request, though the prices
indicated below NVZ re accepted to small am9unts.
Zenobia was in most force for the Ascot Stakes,
for which, however, several others were supported,
while the Hunt Cup Scrainble.was ventured on as
below, and the name of Lady Vane being mentioned
for the Northumberland Plate, found an eager
layer, who, seeming to know something, after
laying 100 to 10 repeated the bet some six
times. Achievement MIS • only -named for the
Leger, the following being the closing prices :

ASC.)T ,TAKES. • .
8 to 1 apt Zenobia (taken and offered)
109 to 8 agst Vixen Colt (taken and off:Ted)
100 to 6 apt Blinkhoolie (taken)
15 to 1 asst Vandervolde (taken)
100 to 6 agst War (taken).
20 to 1 agst• Lord of the Dales (taken)
PRINCE OF WALES'S STARES.

60 to 40 on Marksman agsiust,Achievement, both to
run (taken)

• ROYAL RUST cur.
100 to G apt 31adlle. Cleopitre (taken and offered)
20 to 1 agst Vigorous (taken)
20 to 1 agst Harpenden (taken)
20 to 1 agst Highland's Sister (taken)
20 to 1 agst Thalia (taken and offered)
20 to 1 aget Sultan and Wild Agnes coupled
25 to 1 sgst Blinkhoolie (taken)
25 to 1 agst The Longbow colt (taken)
25 to 1 agst Jeannie atans (offered)
25 to 1 agst Camellia (taken)
100 to 3 agst Mancelvre filly (taken and offered)
40 to 1 agst Scarborough (taken)
40 to 1 agst Regalia (offorod—tako 50 to 1)

LEGP.R.

800 to 50 agst Achievemot (taken)

NORTHUMBERLAND PLATE.
10 to 1 agstly Vane (taken in force)

GRAND FRIZE OF
2to 1 apt Patrieien (taken)
5 to 2 agst D'Estournel (taken)
6to 1 apt Debut (taken)
10 to 1 agst Blinkhoolie (taken)
10 to 1 agst Trocadero (taken)

NOTICE.—CIIANGE OF ADDRESS. STIRK, late of
Beaufort Buildings, Strand, returns his best thanks for the
patronage ho hag received during the past year, and begs
to inform his friends that he has removed to 25, Wel-
lington-street, Strand, London, where commissions will be,
executed to any aiiount. Price Lists as usual.

THE HAVELOCK Turf Agency's Representative can be
seen daily in Talbot-court, Gracechurch-street, from.
Eleven till Three. N.B.—lf you want a good foreign
cigar call at the Havelock cigar Stores, 10, WalworLL•-
road, three doors from the. Elephant and Castle,.
JOE NASH, No. 1, Eing Edward-street, Westminster-
road, Leaden, has his List at the Post in George-paid
Snow-hill, and; at the Back of the Arches, Farringdoit-
street. J. N. will attend all the Principal Meetings, and
has no representative out of London. All letters to be
addressed as above.