The Sun.
London, England, 1859-01-15 00:00:00

[The case was proceeding when we went to press,'

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)
SINGULAR AND IMPORTANT CASE.-PEARCE AND ANOTHER

V. PIPER.

This was an action to recover £5O commission for obtain-
ing defendant a partner with £l,OOO capital.

Mr. Beard appeared for plaintiff. Mr. Sharpe was counsel
for defendant.

Mr. Beard stated that in the month of August' last a
Mr. Appleford called upon defendant (an old friend), and
asked him if he (Mr. Piper) had heard 'of his misfortune ?
Defendant replied that he had not. Mr. Appleford said,
" I have been bankrupt, and am now carrying on business
in the name of my brother-in-law, James Pearce, in Lom-
bard-street, as an accountant and agent." He then asked
defendant to distribute some cards for him, and handed
him some circulars. Defendant informed him that he was
looking out for a partner with capital, and plaintiff obtained
him one (a Mr. Dixon), and now sought to recover his
commission for so doing.
Plaintiff was called, and proved the above facts. He
was cross-examined by Mr. Sharpe at some length,
and stated that he had applied to both defendant
and Mr. Dixon for his commission. The usual charges
were 5 per cent. on, the first £l,OOO, and i2l per cent. on each
£l,OOO above He carried on the
,business as Pearoe and
Co. He was only two or three days about the business.
Mr. Sharpe then contended that plaintiff should be non-
suited, as suing in the name of Pearce and Co., when he
was de facto the plaintiff, and should sue as Appleford.

His Honour decided that he had acted in cause. He was
trading as Pearce • and Co., and, by the permission and
consent of his brother-in-law, under his name. He was
responsible to Pearce, and could only sue in the name under
which he negotiated the business.

Mr. Sharpe then proceeded to show that plaintiff had no
claim upon defendant, and should rather look to Mr. Dixon.

Defendant was called. His evidence did not materially
affect that given by the plaintiff, except that he was com-
municating with him as Appleford.

Mr. Sharpe then put it, whether if plaintiff had any claim,
he should not have sued both partners?
Mr. Beard pointed out that, by the County Court law,
plaintiff was permitted to sue one partner. He contended

that if ever ftlll/111 was fairly entitled to a sum of money,
that man was the plaintiff in the present case. By plaintiff's
exertions defendant had obtained a good partner, and it
was absurd to ignore the fact that plaintiff carried on the
business as Pearce and Co.

His Honour said that in this case plaintiff had elected to
sue Piper, and was allowed by the County Court lawto do so.
He did not see that defendant had any reason to complain.
Plaintiff had evidently conducted this transaction'not only
most efficiently, but most rapidly. 'Surely defendant would
not grumble because plaintiff had procured him what he
wanted in three days. Every ono remembered the story
of the sailor who was charged a guinea by a famous London
dentist for the rapid and dexterous extraction of a tvogi,

Jack grumbled most lustily at the exorbitant charge, and
said he had, at Portsmouth, been tugged about the room
for half an hour, and then was only charged one shilling.
(Laughter.) Defendant was not unlike that sailor. Plain-
tiff had quicklg earned his commission, which most cer-
tainly he was fairly entitled to.
Verdict for the plaintiff for £5O and costs.
CABBY AND THE MISTLETOE BOUGH. —BELL V. GOOTCH.
Plaintiff is a cab-driver, and sought to recover 25., good
and lawful money, in lieu of a counterfeit 2s. piece, alleged
to have been received in change from defendant, landlady
of the Bell, in the Old Bailey.
Plaintiff stated that on the 27th December last he received
half-a-crown from a fare, and drove up to defendant's
house, in the Old Bailey, and there changed it. He had a
glass of ale, and " three ha'porth of gin." (Laughter.) He
put down in payment his half-crown, and received a two-
shilling piece and threepence. Upon leaving defendant's
house plaintiff drove to the Plough, in Smithfield
His Honour—Ahl That is a boxing-house ?
Plaintiff—Yes.
His Honour—Yes. It is kept by C. Davis the boxer
What did you want there ?
Plaintiff—Well, I just dropped in and had a little chat
It was boxing-day, you know, and there I spent the 3d.
His Honour—You had some more gin there I suppose,
Plaintiff—Yes. I think I had another "three ha porth.'
I then drove to the cab-stand at Sho reditch.
His Honour—That was a long way off ?
Plaintiff—Then I went to a coffee-shop to get change,
and they told me the coin I tendered was a bad one.
His Honour—What did you go to the coffee-shop for.
Did you have any coffee ?
Plaintiff—Oh I no, I didn't want any.
His Honour—l should have imagined you 'did after all
that gin. (Laughter.)
Plaintiff—Well, I didn't have any, but drove back to
defendant's house as fast as I could. When I got there I
showed Mrs. Gootch what she had given me, and she denied
all knowledge of the coin. I assured her that I had
received the coin from her house and from her, but
all I could get was, "Oh I we all know what
sort of men you cabbies are I " (Laughter.) A
gentleman who was present said, "Don't pay him, Mrs.
Gootch; let him summon you." 'As she did not pay me,
I adopted that gentleman's suggestion.
MIL Gootch said—lt was impossible plaintiff could have
taken the coin at her house. She was was very particular,
and no one took money on that day in question but herself.
She was very particular in testing every coin tendered.
She tested the coins on a bender. She was quite -sure the
plaintiff did not receive the coin at her house.
Plaintiff—You took that money off a shelf. There was a
good deal of laughing. All the mistletoe was ,hanzing
up, and you were laughing with another young lady about
in the bar. (Laughter.)
Defendant denied that she was talking about the mis-
tletoe, and thought that had nothing to do with the case.
Plaintiff—Well, but you know the mistletoe was up, Mrs.
Gootch, and there was a good deal of chaffing going on.
Mrs. Gootch—l know you had been drinking, and I also
know that I did not give you the coin you now produce.
You ought to examine your money before leaving the
house. Our invariable rule is—no money exchanged after
taken from the bar.
His Honour—Jndeed. We shall alter that rule here.
Do you remember what change you gave plaintiff in ex-
change for his half-crown.
Defendant--No, I do not.
His Honour—You see he swears most positively that he
received the 2s. piece from you, and you are not in a posi-
tion to contradict him. Although he seems to have been
greatly taken by the mistletoe bough, he remembers his
change, and, as he accounts for his time and actions sub-
sequently to leaving your house, I shall give him a verdict

POLICE INTELLIGENCE.-(THIS DAY.;

MARLBOROUGH-STREET.

ASSAULTS AT THE HAYMARKET THEATRE.—MT.
Antonio Blacker, of 2, Upper Stamford-street, merchant,
was charged with creating a disturbance at the entrance of
the Haymarket Theatre, and also with assaulting George
Stroud, 144 A, the constable on duty there.
The constable said he was on duty at the pit entrance to
the Haymarket Theatre on the previous night, when the
accused created a great disturbance. lie had been drinking,
and he told him that he would not be allowed to go in, but
notwithstanding he persisted in his attempt, and on his
again telling him he could not go in he struck him. He
then went to the box entrance, and he was compelled to
take him into custody.
The accused said he had Paid to go in, having b,s ife
and daughter with him at the time, but they got separated
from him. It all arose from the bad temper of the check-
taker, who would not allow him to enter the theatre.

Wm. Turner, the check-taker, said the accused's wife
assaulted him, being at the time in a state of great excite-
ment. He gave the gentleman his money back, seeing that
he had had as much as was good for him.
Mr. Inspector Steer said at the station the'accused seemed
to have been. drinking. Ho took bail for him. .

The constable said he was not hurt.
Mr. Bingham said there was enough to justify him ;-,1
fining him the lowest fine-10s.

Mr. John Rudkin, of 65, Myddelton-square, was
charged with assaulting a gentleman in the boxes of the
Haymarket Theatre.
The complainant, it appears, had dropped some silver in
the boxes, and the • defendant having interfered, a dispute
arose, and the defendant was struck.

The prosecutor not being forthcoming, the defendant was
discharged.

THAMES.
THE LATE REVOLTING CASE OF RAPE.-Mr. H. J.
Newman, the secretary of the Associate Institution for
Improving and Enforcing the Laws for the Protection of
Women, came before Mr. Yardley, and stated that in the
early part of the week a German sailor, named Carl Butts,
had been committed for trial for a criminal assault on a
little girl, named Ellen Miles, eight years of age. The
magistrate then expressed an earnest hope that the society,
which he (Mr. Newman) represented, would take care of
the child if it came within the scope of its operations. He
was directed to state that the committee of the society
would, under the peculiar circumstances of the case
take charge of the girl. Arrangements had. been
made for the admission of the girl into the
Lock Hospital, Westbourne-grove, where she would re-
ceive proper medical advice and treatment, and be cured of
the loathsome disease communicated to her by the sailor.
Mr. Yardley—l am very glad to hear of this.
Mr. Newman—l hope, sir, you approve of what has been
done in this matter.

Mr. Yardley—Approve of it ! certainly—nothing could
be worse than the condition of the girl before she was
brought to this court.

Newman asked for an order for the girl to be de-
livered up to him.
Mr. Yardley said the girl was under care and the control
of the parochial authorities of the Stepney Union, and the
matter was entirely out of his hands.

Mr. Newman was then directed to apply at Limehouse
Workhouse for the girl, and left the court for that purpose

DEATH- THROUGH ALLEGED OMNIBUS
RACING AT XENNINGTON.

Yesterday afternoon Mr. Sergeant Payne, coroner
for the City of London and Southwark, instituted
an inquiry at Guy's Hospital, which lasted about
five hours, relative to the circumstances attending
the death of Mary Pratt, aged three years, the
daughter of Mr. Henry Seymour Pratt, doorkeeper
to the House of Commons.
Mr. Pratt was represented by a solicitor ; Mr.
Solomon attended on behalf of the driver King;
and Acting Inspector Iremonger, of the P division,
to watch the case for the police authorities.
Mrs. Pratt stated that she was the wife of Mr.

Henry Seymour Pratt, doorkeeper of the House of
Commons, and mother of the deceased. On Tues-
day last, about half-past five o'clock in the evening,
she was standing near to Kennington Church,
holding her daughter by the left hand. Two
omnibuses were then approaching from Kenning-
ton•gate, the first of which she hailed, and it
stopped in the middle of the road. She stepped
off the kerb, when she observed the other omnibus
coining towards her; and as it did so the driver
struck the horses with his whip, and before she
could get out of the way the pole struck her on the
forehead, knocking her and the deceased down.
The vehicle passed over her, the horse kicking and
bruising her. She was picked up by a gentleman,
and did not at the time know what had become of
the child. , They were both taken to a surgeon's,
and afterwards to the hospital.
By the Coroner—Was perfectly certain that the
driver of the second omnibus whipped his horses
anti came on at an increased pace to pass the one
she had called.

James Murphy, aged 11, corroborated the above
evidence, adding, although cro3s.examined, that
the driver King whipped his horses as he ap-
proached the lady.
Mary Hiscock stated that she did not witness the
*accident, but took charge of the deceased after it
occurred. The spot was not dark, as there were
close by five gas lamps.
Daniel Hayward, conductor of the omnibus
hailed by Mrs. Pratt, said that both vehicles be-
longed to Mr. Matthew Balls, and there was,
therefore, no need for racing. Mrs. Pratt came to
him within half a yard, as lie had the door open,
but evidently, hearing the other omnibus approadh,
became frightened and ran under the horses' legs.
The last evidence was supported by Mr. Russell,
of 12, Park-terrace, Brixton, hop and seed merchant,
and Mr. Win. Carpmael, jun., of Southampton-
buildings, Chancery-lane.
Mr. J. Rand, house surgeon, said deceased died
on Thursday morning. She had a lacerated wound
extending from the knee to the hip, death being
caused by exhaustion consequent upon the injuries.
Mrs. Pratt, on being recalled, denied running
back as stated, and said that the driver, King,
acknowledged at the hospital that he did whip his
horses and endeavoured to pass the first omnibus.
Other evidence having been adduced, the coroner
summed up, and the jury retired to consider their
verdict.. After a lengthened conversation, upon
their return into court they recorded a verdict of
accidental death.

MYSTERIOUS DEATH OF A BLACK-
WALL RAILWAY & UA RD.

Yesterday afterreon Mr. W. Baker, the coroner,
held an inquest at the Guy Earl of Warwick
Tavern, Crisp•street, East India-road, Poplar, re-
specting the death of Thomas William Barrett,
aged 5r years,. a guard lately employed on the line
of the Blackwell Railway, who died under the fol-
lowing sudden circumstances :
It appeared that the deceased had been in the
service of the company 17 years, and bore an excel-
lent character for sobriety and good conduct. The
deceased had enjoyed excellent health, and on the
night of Wednesday last an anniversary supper was
given at the house of Messrs. Heard, the Grundy
Arms Tavern, Poplar. It was about eleven o'clock
when the deceased entered the house with a friend
named Pearson, and hearing harmony going on in
the parlour, they, by permission of the landlady,
were allowed to join the company. He left about
two o'clock in the morning, and expressed himself
delighted with the singing, and retired. He then
proceeded to his residence, at No. 12, Crisp-street,
where the landlady (Mr:. James) heard a moaning
noise. The wife called the latter, and she went in
at the wife's request. She was rubbing his stomach
and he was sensible. 'He spoke and said, " I am very
bad." The wife was dressed and seemed alarmed.
She had been up with him an hour, and he seemed
in pain and was very cold. Mr. elham, the sur-
geon, was called, and attended, when remedies
were administered, but deceased died shortly after-
wards.

Mr. Ambrose Nelham, surgeon, of No. 21, Crisp-
street, Poplar, said that he was called on Thursday
morning, at five o'clock, and found deceased lying
partially on his face and left side upon the bed.
Witness spoke to him and found him sensible. He
had an agonising pain between the chest and
stomach. Deceased said he had been drinking
strong rum without water. Deceased seemed to be
suffering from violent spasm of the chest. Anti-
dotes to allay the sufferings were given, but de-
ceased expired notwithstanding the greatest att
tion was paid to him. The immediate canto of
death was inflammation of the bowels.
The Jury were dissatisfied with the medical tes-
timony, and ultimately the proceedings were
adjourned for a post-mor•tem examination.