The Sun.
London, England, 1859-03-26 00:00:00

IN RE DUYSTER.

ALLEGED CONCEALMENT, &c.—This bankrupt was de-
scribed as a glass merchant, of Trinity House. The case
has been before the court on several previous occasions, and
the examination was now resumed, Mr. Read appearing for
the assignees, who suspected that the books had been falsi-
fied and property concealed.
The case is now proceeding, and is not likely to terminate
to-day.

SECONDARIES' COURT.
(Before Mr. Potter and a Jury.)
TUB NEW WESTMINSTER BRIDGE-A QUESTION OF CREDIT,

ERACKLEY V. IVERY AND ANOTHER.

This was an action to recover £l7 ss. Bd. balance of ac-
count for carting timber. Mr. Clarke, of Bedford-row, ap-
peared for the plaintiff; and Mr. Symon:was counsel for the
defendant.

In opening the case, Mr. Clarke'stated that the plaintiff
was a timber-carrier, of High Wycombe, and that defend-
ants were contractors for the works now proceeding at the
new Westminster-bridge. The amount now sought to be,
recovered was for carting the timber used as the piles for
that work. The question involved was one of considerable
importance, inasmuch as the amount charged was alleged
to be out of the usual tariff. Plaintiff had been employed
by defendants as timber-carrier for some years, and he had
always been paid time-work—i.e., one guinea per day, for a
van, threehorses, himself, and a lad. But the timber required
for the new bridge piles was of so heavy a nature, and was so
difficult to move, that he informed defendants he must be
paid so much per foot. To this defendants agreed, and the
timber was carted to the canal. For three miles plaintiff
charged 3d. ; for six miles, sd. ; and for eight miles, 6d.
per foot. Defendants offered 2d. per foot, and refused to
pay more.

Mr. Clarke called plaintiff, and that person said he should
be a loser of £7 or £8 at that rate. When he demanded his
money, one of the defendants said, " Oh, you agreed for
time." Plaintiff denied this, and said he should be paid per
foot. Upon this defendants made out a bill produced at 2d.
per foot. Plaintiff refused to accept thig sum, and hence
the present action.

Seymour proceeded to cross-examine plaintiff, and
said, as it was a question of credit, he regretted that he was
obliged to put an unpleasant query to plaintiff. It Was
Have you ever been in trouble ?
Plaintiff—Yes, once.
Mr. Symon—Have you been in jail ?
Plaintiff—bne day. Ask Mr. Ivory how often he has
been in trouble. (Laughter.)
Mr. Ivery—l never set my farm on fire.
Plaintiff—Neither did I.
A timber carrier proved that the prices were fair and
reasonable. He had had a little dispute with defendants.
Mr. Clarke—They owe you a bill ?
Witness.—Yes.

Mr. Clarke—They have not paid you yet ?
Witness—No. (Laughter.)
Mr. Symon—Havelyou ever asked them for the money ?
Witness (emphatically)—Yes. (Roars of laughter.)
Other evidenee having been adduced to show it was a
reasonable charge Mr. Symon called the defendants. By
their evidence it appeared that plaintiff agreed to cart for
timework, and that the balance, £4 25., paid into court,
was a proper sum.

Mr. Clarke, however, showed by the time that plaintiff was
entitled to' even more than he now sought to recover, and
that by defendants' own bill (put in) plaintiff was only en-
titled, at 2d. per foot, to a 2s. Bd. He produced this bill as
triumphant evidence that plaintiffwas to be paid piecework.
The jury stopped the case here, and upon the evidence
and a question of tender, found for plaintiff.
Costs certified.

SHOREDITCH COUNTY COURT.
(Before Mr. Sergeant Storks.)

PRIVILEGES OF ATTORNIES-ENGLAND V. BREWSTER.
This was a claim for measuring, and the defendant's
witnesses, called by Mr. Angell, deposes to non-employ-
ment of plaintiff. At the close of the defendant's case Mr.
Beard rose to reply. This right was refused point blank by
the judge, who ruled Mr. B. down. In vain did Mr. B.
assure his honour that other courts allowed replies—the
judge was inexorable. Mr. B. got indignant, but that was
all; be did not get his reply, and a verdict was found for
defendant.