The Sun.
London, England, 1835-11-30 00:00:00

SOUTHEY AND ANOTHER V. 'HIDER.

Mr. CROWDER stated that the plaintiffs in 1882, were ap-
pointed trustees of the defendant's estate for the benefit of his
creditors. He was a coach-builder in Oxford-street. Among
other things, they took possession of a cab phaeton, which was
placed in the Pantechnicon. In consequence of the represen-
tations of the defendant, he got an order from the plain-
tiffs for the cab, in order to have it repaired, as he had
the prospect of a customer for it. Ho got it away, and
the plaintiff found that it had been sold, though up
to the present time, they had received no account of
it. There had been several applications made to him for
the money, but he said ho had not yet got it, when in fact
he (Mr. C.) had Mr. Hider's receipt to a Captain Alderson
for 521. 10s. in part payment of the cab in question.
The evidence, which was in letters from the defendant, to

the plaintiff's attorney, proved the receipt of 321. lth. by the
defendant on account of a brown cab phaeton.
Mr. Sergeant BOMPAS, for the defendant, contended that
the plaintiff had failed in proving that the cab sold to Ci.sp-
taia Alderson was the one in question ; and even if
the Jury should think that was proved, the de-
fendant's letter which was put in by the plaintiff, showed
that the 52/. 10s. was received by the defendant for the repairs.
he had put on the cab. The balance he bad not received, and,
therefore, the plaintiffs were out of Court. There was no
proof that the money had been received on account of the trus-
tces—it was for the plaintiffs to prove that such was the case.
They had failed to do so, and he left the defendant's case with
the utmost confidence in the hands of the Jury.
The Learned JUDGE summed up. Ile did not think that
the plaintiffs had made out so clear a case as they ought to
have done ; neither had the defendant shown what was the value
of the repairs lie had put on the cab. It was a question pecu-
liarly for their consideration.
The Jury, after an examination of all the documents in the:
cause, found a verdict for the plaintiff—Damages 42/.

ANDREWS V. SNIIIII.
Mr. EARLE stated this case to the Jury. The .plaintiff was
a timber-merchant at Hertford, the derendar.t a surveyor at
the same place. In June, 1833, the defend-,,nt was employed
as surveyor to repair the parsonage at I,lnebsworth. He had
a person named Hill, whom he wag anxious to employ as a
builder. He had been a bankrupt, and the plaintiff refused to
supply him with materials upon hi'. own credit. The defendant
said, if the plaintiff would get I-litl's order upon him (the defen-
dant) for payment of the tr,aterials to be used at the parso-
nage, he might then safely give him the wood he wanted, for
he would receive the': money as surveyor, and would
take care that the plaintiff was paid. Upon this recommen-
dation the plaintiff supplied Hill with timber and deals to the
amount of 74/. 9s. 8(1. In June 1834, the defendant waS
employed as surveyor in the repairing the factory at Fulham,
and the plaintiff was again induced to supply Hill with goods
to the amount of 2411. upon the assurance of Smith,
who said he (the plaintiff) would be perfectly safe,
as he ( Smith) would not be answerable for Hill to
any one else. While the Fulham job was going on,
Hill died very suddenly. A great quantity of the timber
supplied by the plaintiffs was then unused, but was worked up
by the defendant's order. Some money had been received,
but the plaintiffs now claimed a balance of 2711. 17s. There
was no doubt but the defendant had received the amount of the
two contracts from the clergymen. He (Mr. E.) did not
wish to throw any blame upon the gentlemen, but they had
refused to give any information to plaintiffs. They were, however,
both present, and would say they had paid the defendant; it
so, then he trusted the Jury would give their verdict in the
plaintiff's favour.

The plaintiff's son was present at the contract, and
now proved that an order upon the defendant was given by
Hill. It was shown to the defendant, who said it was per-
fectly satisfactory, and he would take care that the plaintiffs •
would be all right. One load of timber was sent to Hill's
premises at Royston. The defendant, when he heard of
that, said do not send any more there, for it may
be used for work over which he had no control. The
same circumstances took place with respect to the job at
Fulham. After Hill's death, in September, in ":834, witness
saw the materials supplied to Hill being worlz.ed up by the
builder who succeeded him.

Cross-examined—He was no partner 'with his father, and
he did not remember that he ever had signed checks in his
own name, or otherwise interfered in the business, except as
his father's agent. There was a
,i6o at Stevenage, about the
same time as that at Knebsworth. The whole amount of tim-
ber furnished was 7:20/., and out of that they had been paid
4501.

At this stage of the proceedings, Mr. TIIESSIGER, who ap-
peared for the defendant, offered to have the Whole matter re-
ferred to a gentleman out of Court.
Mr. EARLE agreed, and a verdict was taken for the plaintiffs
for the damages in the declaration, subject to a reference.

CENTRAL COURT-THIS DAY.

SENTENCES.

All the trials having finished at twelve o'clock, the Recorder
accompanied by Mr. Alderman Kelly, Messrs. Aldermen and
Sheriffs Lainson and Salornons, and the tinder Sheriffs of the
counties of Essex, Surrey, and Kent, and proceeded to pass
sentences on the following prisoners :
To BE TRANSPORTED FOR Collins, aged 16.
(This prisoner was ordered to be confined a year in the Peni..,
tentiary, and promised a mitigation if he behave d well during
that period.) Thomas Stedman, Charles I.3lake Skerrott,
Wm. Boston Gardner, and Wm. Rolland. •
To BE TRANSPORTED FOURTEEN Yits.eg.—Joseph Daven-
port, John Bowling, John Wright, and Augustus Montague►
(to be imprisoned one year in the Penitentiary before removal
from this country. )
TO BE TRANSPORTED FOR SEVEN -YEARS.—Thomas Tanner,
Thomas Bennett, John Hine Gould, Alexander White,Thomas
Brown, John Jones (aged 28), Maria Gibson, John Coote,
John Turner, Henry Hooting, John Owen, Eliza Tight, John
Pearson, John Asgill, William Lovett, Thomas Greenwood,
William Shaw, Edward Hutton, Harriet Knowles, John Lower,
Francis Henessy, Robert Scott, John Robinson, Charles Bur-
rell, David Keefe, William Gilbert, Henry Barkins, George
Williamson alias Stephen Hill, Samuel Martin, James Clarke,
George Davies, Henry John Blain, James Whitehouse, John
Smith, John Cole, John Davies, George Poulton alias Henry
Carman, John Moore, John Smart, Charles Martin, and Mar-
tin Isingbottle alias Holt.

TO BE IMPRISONED AND KEPT TO HARD LABOUR FOR ONE
YEAR—James Brennan, John Sampson, John Thomas, Lewl9
Jeuniug, John Gourlay, Thomas Bryan, Henry Speller, James
Allen, Sarah Green, and Robert Marshall.
The awful sentence of death was passed upon the following
prisoners, who were all convicted of burglary ;.--William Hart
(aged only 11), John Church, Thomas Prior, Charles Buck-
land, Thomas Fisher, and Thomas Jones.