The Sun.
London, England, 1859-09-22 00:00:00

ANOTHER HORSE CASE-MASON V. DARKINS.

This was a new trial, and the action arose out of a horse
transaction.

Mr. Tindal Atkinson, instructed by Mr. Buchanan, ap-
peared for the plaintiff, and Mr. Codd for the defendant.
It appeared that plaintiff had purchased a pony of defen-
dant, and upon the point of warranty some very hard swear-
ing was prevalent on each side.

Plaintiff declared he had two warranties —certainly
verbal ones—but most full and satisfactory. When hetook
the pony home he found out that it was a " roarer."
After evidence had been called in support of this state-
ment, defendant declared that he told plaintiff the pony had
a cough, and that he would only warrant the poney alive
out of his (defendant's) hands into those of the plaintiff.
After a most energetic address by Mr. Atkinson, his
Honour summed up, and the jury found for the defendant
again.

WHITECHAPEL COUNTY COURT.
(Before Mr. Forster.)
KELL V. SKIRROW AND OTHERS.-IMPORTANT TO

PURCHASERS OF HOUSE PROPERTY.

This was an action to recover £4 12s. Gd., under circum-
stances of immense importance to purchasers of house pro •
perty.

Mr. Angell, for plaintiff, stated—On the 24th June last
Messrs. Rushforth and Jarvis sold by auction a certain lot,
consisting of some houses in Red Lion Court. This lot was
purchased by plaintiff through her agent, Mr. Salmon, and
the present action was brought to recover rents received by
the agent of the vendor up to the 22d July. Now it must
be understood that some of the tenants in the houses in
question had fallen into arrears with their rents, and the
vendor's agent in receiving rents up the 22d July had thought
proper to apply the various sums to the back rents. Some of
the tenants knowing the property to have changed hands
somewhat demurred to paying the vendor's agent, but their
scruples were speedily dissipated by the re-assurances of
that gentleman.

Mr. Angell then called a clerk to the auctioneers to
prove the conditions of sale.

Mr. Page, for the defendants, asked if there was not a
written contract lately signed, and upon being answered
in the affirmative, objected to the blank conditions being
put in.

Mr. Angell produced the deed between the parties duly
executed, and contended that the words " sold by auction"
in such deed would enable him to give evidence of the con-
ditions of sale without the production of the contract,
His Honour decided that the contract must be produced.

Mr. Angell then called upon the clerk to the auctioneers
to produce the contract, and Mr. Page then objected to the
document, as it was not stamped.
Mr. Angell expected the objection, and if his Honour
would entrust him with it he would speedily get it stamped.
He considered it to be the duty of the auctioneers to have
it stamped.

Witness—lndeed it is not. They did not have the money
for it.

Mr. Angell—Well, I will see if I cannot save the penalty.
I shall bring an action against your masters.
After a somewhat desultory argument,

Mr. Angell said, your Honour will perceive that the con-
tract, as it is called, is only signed on behalf of the vendee—
the vendor has not signed it all. Surely that document is
not worth anything here ?

His Honour—Does 'Mr. Page think this document one
binding on the vendor, seeing that it is not signed by him or
on his behalf ?

Mr. Page—Yes. It either is or is not a contract, and, if
it is a contract, must be taken with all its consequences.
His Honour confessed himself in doubt, and would take
time to consider, as to the power of the document. He
must adjourn the case to a future day.
Mr. Angell—l ask your Honour to make it two months,
to give me time to bring an action against Messrs. Rush-
forth and Jarvis in reference to stamping the paper.
His Honour, by the consent of all parties, adjourned the
case till December next.

POLICE INTELLIGENCE.-(THIS DAY.)

MANSION HOUSE.

INDECENT ASSAULT.—Robert Cooper was charged with
indecently Mrs. Mary Ann Comfort, ix an Gm'.
b
the Borough to Cornbill, about half-
pt night, by putting his hand round her
nais
us runningo,cloe last fromassaulting
back and underneath her, and when she rose to get out he
put his hand up her clothes, when she slapped his face. On
the arrival of the omnibus in Bishopsgate-street, her hus-
band, who was waiting for her, was told of the assault, and
prisoner was given in custody. These facts were sworn to
by the wife and husband. The prisoner offered an apology
at the station, which was refused.
Mrs. Comfort said that she was not sure that she could
establish the charge against him.
Mr. Lewis, senior (of the firm of Lewis and Lewis, soli-
citors), defended the prisoner, and contended that the
charge was not proved—that the probability was that the
witness was mistaken, and that the assault never was com-
mitted by the prisoner, who is a respectable married man,
and called a witness who had known him 25 years to prove
it. Several other gentlemen were also called who had known
him upwards of 20 years, and knew him as a highly re-
spectable man.
The prisoner said that he had his bag and umbrella in
his hand, and in going out of the omnibus the umbrella
might have touched her.

Mrs. Comfort was re-called, and denied it was accidental
but wilful.

The Lord Mayor considered the assault proved, and fined
the defendant X 2.

MARLBOROUGH-STREET.

BRUTAL ASSAULT BY A CABMAN.—William Grimmond,
a cab driver, was charged before Mr. Bingham with as-
saulting Wm. James, of 13, Smith-square, Westminster,
another driver, by striking him in the eye a severe blow
with his whip, and also causing a severe wound on his
cheek.

The complainant, whose face was covered with a ban -
dage, and who said he had been very ill for some time, stated
that while passing the prisoner the previous night, both
being on their cabs, the prisoner made use of grossly in-
sulting language towards him ; and as he had repeatedly
insulted him in a similar manner, he said he would take a
summons out against him, upon which he struck
him a severe blow with his whip in the eye,
blinding it for a time. He (complainant) then
got off his cab, and on his doing so the prisoner
struck him three or four severe blows in the face with his
fist, and on his (complainant) trying to prevent him further
assaulting him, he stooped down and threw him on his
back, stunning him from the effects of tho fall, and not con-
tent with that, struck him several times while on the ground'
covering him with blood. The prisoner then got on his cab
and drove off furiously, but was stopped by a constable and
taken into custody, and he (complainant) went to the
Charing-cross Hospital, and had his wounds dressed.
The constable having corroborated the above the prisoner
said that ho didn't cause the injuries, but that the com-
plainant fell against his wheel and did it himself.
, Remanded for the production of further evidence.

A VISIT TO WHITEWALL MOUSE.—lust as we
had finished breakfast, a whole troop of horses, carefully
clothed, and each of them ridden by a smart, dapper-look-
ing lad, followed each other in single file, passed our bay
window, on their way to the exercise ground, " Langton
Wold," as it is called ; it really was a beautiful sight, and
my friend knew nearlyall the horses as they passed,though
occasionally assisted by Mrs. Scott and her daughter. We
were soon summoned by our host to accompany him in his
four-wheeled carriage up the steep hill which led to Lang-
ton Wold, the private property of Major Norcliffe, to whom
every horse pays an annual toll for the use of the ground;
and as John Scott has an average of about 70 horses, and
there are other trainers as well, I'anson, Peck, Shepherd,
and Cunningham, who use the ground, this piece of moor-
land must pay the Major a comfortable rent. There is also a
gallop, or track, made of tan, which is used for exercise
when the ground becomes very hard, to prevent concussion;
it is about a mile and a half in length, with a circular track
at the commencement, so that by going round the circle
that distance can be extended, when required, as is the case
when horses are sweated, when they gallop four or five
miles.—Once a Week.