The Sun.
London, England, 1859-12-07 00:00:00

Lei W INTELLIGENCE, Dec. G.

BAIL . COURT.
(Sittings at Nisi Prius, in Middlesex, before Mr.
Justice Blackburn and a Common Jury.)
ARGUER V. BRAIIA3I.
Mr. Edwin James, Mr. Laeton , and Mr. Gordon
Allan appeared for the plaintiff, and Mr. Sergeant
Thomas and Mi. Powell for the defendant.
This was an action by the plaintiff to recover
IV, money lent to the defendant, to which demand
the defendant pleaded, first, never indebted, and,
second, a set-off.
The plaintiff is the young man who was the de-
fendant in the case tried during the last week at
the suit of tho.omnibus conductor for the recovery
of a valuable diamond ring. It was stated by the
plaintiff's counsel that the defendant, Mr. Louis
Braham, had known Mrs. Archer before her mar-
riage with the plaintiff, and'a ad been introduced to
him by her ; that the defendant dined at the plain-
tiff's house, and slept there very frequently, drove
out with him in his carriage, and during the time
borrowed two sums of £2O each in the months of
January and February, 1859. Mr. Braham attended
the plaintiff almost everywhere, and on one occasion,
having bought a carriage for him and received from
the coachmaker a douceur for the coachman he failed
to hand it over, and on being questioned by Mrs.
Archer he disappeared, and had not been to the
plaintiff's since. On the action being brought the
defendant delivered a set-off—" about the most im-
pudent thing," said Mr. James, " even for Mr.
Louis Braham to attempt." In March last the de-
fendant wrote to the plaintiff a long letter, in which
he said he felt for the plaintiff as a younger bro-
ther—(a laugh)—and should feel very sorry to be
separated from him—(a laugh)—and added, as Mr.
James read it, "In the words of the poet, God
bless you both." (Loud laughter.)
Thomas Archer, examined by Mr. Laxton—l am
the plaintiff. I came into some property in 1857.
In 1858 I went out of town, leaving my wife at
home. On my return I found the defendant, Mr.
Louis Braham, who was introduced to me by my
wife at a friend's house opposite the defendant's.
He said that he had been on the Corn Exchange,
and acted on commission. We became friendly, and
he sometimes took his meals, dined, and slept at my
house. On Jan. 6, 1859, I met the defendant by
appointment at Regent-circus ; he stated he wanted
£2O. On a subsequent day I took a check with me
to Nicholas-lane in the city, and gave it to him in
a tavern, not liking to hand it to him in the street.
He thanked me,. and said he would pay it in
about a month. After this he was off and on at
my house ; he slept and took his meals there. In
1859 I was living at Kingsbury. One evening we
went to the Marylebone Theatre, and after we
came out we went to the White Lion, in the Edg-
ware-road. He said he was in want of money, and
had a case in the Divorce Court coming on, and
wanted £lO to pay a refresher, and he asked me for
a loan of £2O. He wrote out a check, and I signed
it, and let him have it. He said he had the secu-
rity of two houses at Poplar to give me for it. I
saw the houses, but, of course, they were mort-
gaged. Once, when we were conversing together,
he said his debts were about £4O, and that that was
the sum he owed me. He used frequently to drive
out with me. I never instructed him to do anything
for me on commission. I always treated him as a visi-
tor. I sued a person in the Edgware County Court.
The defendant was a witness. He said he could
not think of taking witness money, he being my
visitor. I borrowed £3 of him at that time and
have paid it back. In March, 1859, I was about
purchasing a pair of horses (cobs). The defendant
took me to Anderson's, and I gave £95 for a pair.
I afterwards bought a carriage of Mr. Craker. The
defendant went with me and my wife to buy it.
Mrs. Archer had all the say. She taxed the de-
fendant with having taken £3 of Mr. Craker to
hand to the coachman and with not having done se.
The defendant said " How could you think of sug-
gesting such a thing ? " This was at bedtime. The
next morning when we came down the defendant
had left our house, and we never saw him again.
The defendant never gave me any bill or setoff
against me.
Cross-examined by Mr. Sergeant Thomas—About
three years ago last September I came into from
£12,000 to £15,000. I may have said it was £20,000.
About .£7,000 or £B,OOO was invested in the funds,
and in June last the residue had become very short.
I was then short of cash. I married two years ago
last June. I thought at the time I married her
that my wife was a widow.
_ By Mr. Sergeant Thomas—Did you not swear

she was a spinster ?
Witness—There was a party from whom I was
waiting to learn whether she was a spinster or not.
(Loud laughter.) I found my wife at the Blue
Posts, in the Haymarket. We went to the Cafe de
la Regence. I don't know what you call a night-
house. That begins at 12 o'clock. My groom was
in the box with us at the theatre, and I gave him
some champagne. My tailor was in the habit of
visiting at my house. The defendant said that he
had been on the Corn Exchange, but that he was
doing nothing at that time. The defendant may
have been with me a great deal, but it was at his
own option. [The witness then admitted that
the defendant went about with him and for him,
and advised him in the selection of a house to live
in, and the purchase of horses and carriages, and
in the finding of a dog that had been lost, and
other matters of a similar kind.] I understand
that my attorney is now claiming the diamond
ring on my account. I did not know how
often Balls visited my wife. She would not go with
me to Ramsgate. Ido not like to go alone to the
houses in the Haymarket. I liked my wife to be
with me.
Charles Bull, examined by Mr. Gordon Allan—
I entered the plaintiff's service in August, 1858, as
groom and coachman. I saw the defendant very
often at the plaintiff's ; he dined and slept there.
They drove out together, and the plaintiff always
paid for the refreshments they had. The defendant
denied that ho had received any money from Mr.
Craker for me.
Mr. Sergeant Thomas then addressed the jury
with much energy, contending that the defendant
had done a great deal of work for the plaintiff and
his wife, the commission upon which exceeded 1:40.
The Foreman of the Jury—Then, why did he not
send his bill in as usual 9
Louis Braham, examined by Mr. Powell—l am
the defendant, and live at 22, Douro-cottages, St.
John's-wood, and am a general commission agent
and collector. I have no other means of livelihood.
In 1857 Mrs. Archer introduced me to the plaintiff
as a commission agent. He asked me to come to
Kildare-terrace, and told me that he had come into
some thousands, and wanted me to invest part of it
for him on mortgage. The first business I did for

him was in November, 1857. I went into the city
for him, and introduced him to Sims, Hill, and
Davis, stockbrokers, of Capel-court, who sold out
some stock for him. I afterwards introduced him
to the London and Westminster Bank at Temple-
bar, where he lodged £GOO. Nest, in December,
1858, when Mrs. Archer's sister was charged with
stealing a shawl, I took a cab and went to dis-
cover the sister's whereabouts. I went with them
to the police-station and then to the Paddington
police-station. I advised their. not to prosecute the
sister, which they acceded to. They then asked
me to go to Malden, near Kingston, to search for a
house for them. I went there on two occasions for
that purpose. I was afterwards engaged to find a
pony carriage for them ; then a pair of ponies. I
then went to Kingsbury to see Grove-house
for them, I attended to the packing and re-

moving of their furniture from Kildare-terrace,
and was employed to find an agent for letting that
house, which I did. I was employed to find a fa-
vourite dog of Mrs. Archer's, which was lost, and for
which a reward of £lO was offered. I got bills
printed and posted, and I exerted myself and found
the dog, and the £lO was saved. I was engaged at
the Edgware County Court for the plaintiff, and
£4ls. were allowed by the Court as my expenses,
but the plaintiff took the execution out himself. I
claim £46 18s. in my set-off, and I gave the plaintiff
credit for £l, which leaves a balance of £45 18s.
About the second week in May I delivered to the
plaintiff personally a copy of my set-off. It is not
true that I said that I would pay back the first
cheque in a month, or that I received it in Nicholas-
lane. I received it at Dr. Spratt's, in Margaret-
street. He brought me the cheque and said, " I
know you are a needy man, and, I am going to
take a house in the country, take this and work it
out, and I will pay you your commission as you go
on." It was not a loan.
Cross-examined by Mr. Laxtoi—Before 1851 I
was a watch and chronometer maker in Hill-street,
Brampton. Before that I lived in York-street,
Baker-street. I collect rents for my mother and
for others generally. I shall not give you the
names of any others. I am generally a commission
agent. I buy furniture at sales for any one wile'
likes to employ rue. I don't feel inclined to bring
other persons' names into this case, and I won't
say for whom. I have procured £3,000 or £4,000
on mortgage on commission, but I• won't say for
whom, as I don't like to bring other persons names
up. This book in which the items are entered
is not my mother's housekeeping-book. The entries
are in pencil. There are a few written entries, but
not relating to this case. I sometimes go to the city
in cabs. The witness produced a book similar to
a broker's inventory book, with pencil items of
this transaction, which, he said, was the only book
he had relating to it.
By Mr. Laxton—As there is no entry of your
having taken a cab, or of your own expenses, in
November, 1857, when you say you made the en-
try, what enables you to say that you had a cab,
for which you make a chargé in your set off, and ,

what enables you to say how many hours you were
employed ?
Witness—l know I took a cab, and I know about
the time I mnst have been engaged.
By the Judge—ln the copy of your set-off, which
you say you delivered to the plaintiff in May, how
comes it that, although you give him credit for £1
paid, you did not also give him credit for the £4O,
if, as you say, you trot it as aprepayment, and to be
worked out by you ?
Witness—That was between ourselves.
By the Judge—Why did you not make an entry
of it in your book ?
The witness, was asked to find out a particular
item of set-off in his book, but neither he nor his
attorney could find it, although they searched for it.
By the Judge—l suppose the jury no more be-
lieve this witness than I do?
Mr. Powell—As soon, my Lord, as I hear the jury
say so, I shall know what course to pursue.
Mr Laxton then put another question to the wit-
ness.
Witness—lf I am not to be believed, why am I
to be asked any more questions ?
The Judge—lf you cannot account for omitting
to enter such important items, I think your case is
hopeless. 7
Witness—lt was an oversight of mine.
The Judge (to the jury)—Gentlemen, if you be-
lieve the plaintiff's account to be true, and that the
defendant did this work because, like a led captive,
he was getting his benefit in the house and not upon
commission, it is useless to go on further.
The jury—That is our opinion.
The jury then returned a verdict for the plaintiff
for £4O, and the judge granted speedy execution.