The Sun.
London, England, 1859-05-14 00:00:00

had served on board of a man-of•war, he would
enter and rate him as a petty officer on board the
Gorgon. (Cheers.)
Three hearty cheers were given for the Mayor,
who, in acknowledging them, proposed that a simi-
lar compliment should be paid to Captain Pim.
This was accordingly done, with an additional
cheer for the first man who volunteered. The pro-
ceedings then terminated.

LAW INTELLIGENCE—May 13.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius at Westminster, before Mr.
Justice Wightman and Common Juries.)
THE QUEEN V. CLERK.

This was a prosecution by way of a quo warranto
to try the right of the defendant to exercise the
office of town councillor for the borough of Liver-
pool. He was elected for St. Paul's ward, and sat
and voted in the council.

After documentary and other evidence had been
adduced to prove that he was disqualified for the
office, owing to his residing beyond the boun-
daries of the borough,
The jury returned a verdict for the Crown.
THE QUEEN V. lIIGGINS AND ANOTHER.

This was an indictment charging the defendants
with conspiring to defraud Mr. Charles Gruneberg,
of Chelsea, of a large sum of money. It was re-
moved by certiorari on the application of the de-
fendants from the Central Criminal Court into this
court.

Mr. Sergeant Ballantine now applied, on the
part of Iliggins, for the postponement of the case
until next term, on the ground chiefly of the
absence of a material witness.

The Court acceded to the application on the
payment of costs.
The case was accordingly postponed.

SUTTON V. GILBERT.
This action was brought by John Sutton, of No.
1, Upper Grosvenor-street, Bedford-square, against
Grafton Gilbert, the publisher, in Paternoster•-row,
to recover a sum of £62 Bs. 3d., being the amount
he claimed in respect of certain medical books
which he had printed and entrusted to the defen-
dant for sale upon commission.
Mr. Prentice and Mr. Gordon Allen were for the
plaintiff, and Mr. Edward James and Mr. Patchett
for the defendant.

It seemed that the plaintiff, who was described
as a medical student, printed three books, one on
" Spermatorrhcea," another on the "Physiology
of Women," and a third on " Consumption,"
bearing the name of Dr. Sidney Hall as the
author, and employed the defendant, whose name
was inserted on the title page as publisher, to sell
them upon the usual commission charged by the trade.
The plaintiff, according to his own account, became
acquainted with Dr Hall, who possessed considerable
experience in a particular description of complaints,
a few years ago, and entered into a mutual arrange-
ment with him for the publication of these works.
Before, however, it was carried out Dr. Hall started
for America, and the plaintiff determined to extend
the manuscripts which he had left behind, and to
publish them on his own account. The defendant
objected to pay the money to the plaintiff, on the
ground that it belonged to Dr. Hall, with whom he
had entered into the contract for the sale of the
works.

The plaintiff, who was a very young man, ad-
mitted, in cross-examination, that he had advertised
himself to the world as Dr. Sutton, M.R.C.S., as
John Sutton, F.R.C.S., and as John Sutton, M.D.,
although he had never taken any one of those de-
grees. He so described himself for the purpose of
selling the books which he brought out. (Laughter.)
One book was directed against quackery. (Laugh-
ter.) He had been a medical student at St. Bar-
tholomew's Hospital. He had published some
books in the name of Isaac Palmer Hall, who was
a friend of one of his assistants, but he had never
seen him. (Laughter.) Witness then said he was
once charged at Clerkenwell Police-court for pub.
lishing a libel, but he was not then also charged
with extorting money. It was not said he had
demanded money from the person against whom he
published the libel. The charge was withdrawn.
He was taken into custody by the police. He was
not found under a trap door in the floor of his
room, but he was in the cellar hiding from the
police. (Laughter.) Blott, his assistant, did not
state in the Insolvent Court that a patient came
from Dublin and paid him (witness) a fee of ten
guineas and afterwards gave him a promissory note
for £l5O. Witness did not receive those moneys.
Blott did not express his sorrow for lending him-
self to such frauds, and obtain an indemnity against
prosecution from the opposing creditors. The re-
port of the proceedings at the police-court in the
Dispatch headed " The Notorious Dr. Sutton" was
incorrect, and an action was pending in respect of
it. The witness then said that he still advertised
that the poor could see Dr. Hall gratis, at No. 1,
Upper Gower-street, Bedford-square.
Mr. Edward James, on the part of the defen-
dant, contended that the contract was made with
Dr. Hall, who, from the plaintiff's own representa-
tion, was a real person now in Canada, and said
that if the jury found a verdict for the plaintiff,
Dr. Hall could, on his return to this country,
compel the defendant to pay the money over again.
Mr. Gilbert, the defendant, deposed that when
the contract to sell the works was entered into the
plaintiff came to his shop with another person,
whom he represented as Dr. Sidney Hall. He
said Dr. Hall wished him to publish the works for
him, and he consented to do so, and to receive the
books upon sale or return, with the usual com-
mission. On several other occasions the plaintiff
again called at the shop with the same person.
Cross-examined—l have got the money I re-
ceived for the books. I have paid it to no one,
but as soon as Dr. Hall claims it he will have it at
once. I came into possession of my father's busi-
ness all at once. My father took the benefit of the
act twice. I cannot say of my own knowledge
how many more times he did so. As far as I know,
it may be two or three hundred times. (Laughter.)
My uncle bought the business under a bill of sale
from the sheriff. My father is now my manager.
I did not state in the Insolvent Court that I had
known the plaintiff in the name of Dr. Sidney
Hall. I said I knew he sometimes used the name
of Hall. The first time I knew that was when I
saw in the newspaper. the report of the case at
Clerkenwell Ponce-court, in which he was describei
as Dr. Sutton, alias Dr. Sidney Hall.
The learned judge having summed up,
The jury found a verdict for the plaintiff,
damages £62, to be reduced to £52, if the books
remaining unsold were returned within a week.