The Sun.
London, England, 1866-09-29 00:00:00

LAW INT

tiSHOREDITCH COUNTY COURT.
(Before C. Coleman, Esq.)

IMPORTANT POINT IN THE LAW OF MASTER AND SERVANT.-

LAWS V. SILVERSTONE.

This was an action to recover wages actually earned,
and defendant pleaded that plaintiff had discharged him-
self without giving proper notice.
It appeared that the plaintiff was a carter in the servico
of the defendant, and he said that one day he worked seven
hours, at the expiration of which time he met a gentleman
who offered him more money than ho was getting from de-
fendant: In consequent° of this offer plaintiff did not go
to work any more for defendant, but sent another man to
take his place. It was customary in his calling for both
masters and men to give up work at a moment's notbe.
. _

llis
Hotiour—You surely do not mean to say that in your
business you can quit your work without giving any no-
tice ?

Plaintiff—lndood I do.

Defendant said that although the men worked seven
hours a day they did not work under the hour system like
carpenters, being always pail on the Saturday night as
weekly servants. In all his experience ho never knew
such a custom as that detailed by the plaintiff. The man
sent iu by the plaintiff did not suit, and plaintiff by his
absence caused defendant considerable inconveuience.
His Honour said he could not believe -that the custom
sworn to by the plaintiff could exist ; if it did, it would be
perfectly monstrous, and it would enable every man who
perceived he could get a better place to leave his master
and cause great loss in trade. Looking at the facts of the
case, the verdict certainly must be for the defendant.
Verdict for defendant.

POLICE INTELLIGENCE.—This Day.

-~-

MARLBOROUGH STREET.

WHOLESALE ROBBERY BY A TOWN TRAVELLER.--401.111
Alison, traveller, in the employ of Mr. Septimus Augustus
Whitfield, silk mercer, of Nos. 141 and 142, New Bond-
street, was charged, before Mr. Knox, with stealing 141
yards of silk, the property of his employer.
Mr. Samuel Stalham Hope, Mr. Whitfield's Manager,
said the prisoner entered Mr. Whitfield's employ, as town
traveller, in August last, and the prisoner had the privilege
of taking out silks to sell. The prisoner took out several
pieces of silk, and they were entered to the customers'
account in the day-book on the prisoner's coming
home every evening. The prisoner had absented
himself from business on two occasions, alleging
as the reason the deaths of friends. The last
timo was on Monday last, and as tho prisoner did not. re-
turn he sent to inquire if the persons the prisoner spoke
of were dead, and found they were aot, and in consequence
of this he wont to the persons the silks were entered to,
and found that they had never received them. He then
sent one of the young men for the prisoner, and the young
man brought him to the house, but while ho (Mr. Hope)
had been sent for the prisoner made off, first having given
up four duplicates to the young man, all of which related
to silk, and a number of other duplicates were found in
the prisoner's desk. The prisoner was last night met with
and given into custody.

Charles Henry Ewins, clerk in the employ of Mr. Whit-
field, proved seeing the prisoner in the White Bear Hotel,
Piccadilly, last night, and, on telling him the charge
against him, he asked whether he thought ho would get
off if his friends compromised the matter with Mr. Whit-
field. He Then took the prisoner back to Bond-street, and
gave him into custody.

Goorge Herbert, assistant to Mr. Starling, pawnbroker,
of Great Portland-street, produced a piece of silk pledged
by the prisoner in the namo of "Spencer" for £B.

Mr. Hope said the piece of silk was exac-ly like that
taken out by the prisoner, and lie could swear to the wrap-
per being the same. The invoice of the silk was found on
the prisoner.

Sergeant Shillingford, 4 C, proved taking the prisoner
into custody, and finding the bottle labelled "Poison" in
his possession, and the invoice of the silk. The prisoner
asked him if he thought Mr. Whitfield would_ compromise
the matter.

Mr. Knox remanded the prisoner for the attendance o.
other pawnbrokers.

WESTMINSTER.
BRUTAL ASSAULT UPON A WOMAN.—James Downey, a
labourer, was charged with a most unmanly assault upon
Ellen Gappery. •
The complainant, a slight young woman, with an infant
in her arms, exhibited a closed eye and much contused
face. She said that she had had the misfortune to become
acluainted with the accused, who was the father of the
child she held in her arms. Yesterday morning she was
sitting with a friend on the step of the door of her houso
in Ball's-head-court, Westminster, when defendant came
to the other side of the way and called her. Ho imme-
diately approached her, and assaulted her in the way she
now appeared.
Mr. Selfe—What did he strike you with—his fist?
Complainant—No; he took his boot off and struck me
with it.
Mr. Selfe—Had you the child in your arms ?
Complainant—l had. I don't wish to hurt him; he has
a hold over me, by being the father of my child.
Mr. Selfe—lt is not what you personally wish, it is what
is beneficial to others.
Defendant—l was rather the worse for liquor.
Mr. Selfe—That is no excuse. You drink, and tho na-
tural brutality of your disposition comes out.
Defendant—l am verry sorry.
Mr. Selfe—And so you ought to be. This is not one of
the cases where the brutality is committed upon the in-
stant. You deliberately take off your boot and beat this
poor woman about the head with it like a brute. lam de-
termined not to lot the intercession of women interfere to
prevent proper punishment of such offence; which aro a
great deal too common.
Defendant—l hope you will be lenient.
Mr. Selfe—l will not. You are committed for two
months to hard labour, and to enter into recognisances for
six months more.