The Sun.
London, England, 1861-11-05 00:00:00

EXCHEQUER CHAMBER.

The Lord Chief Baron announced that the judges had
fixed the following days for the hearing errors from the dif-
ferent courts :

Court of Queen's Bench—Tuesday and Wednesday, Nov.
26 and 27.

Court of Common Pleas—Thursday and Friday, Nov.
28 and 29,

Exchequer Court—Saturday Nov. 30, and Monday Dec.
2.

EXCHEQUER COURT.
(Before Barons Martin, Channel!, and Wylde.)

NORTH STIFIORDSHIRB LOAN COMPANY V. WITHAM.

This court was occupied the whole of the early part of
the morning in hearing Mr. Edward James's application
for a new trial in this case; the point in issue being whe-
ther or not there had been due notice of dishonour of a bill
of exchange to enable the plaintiffs to proceed upon it.
The court was of opinion that the application ought not
to be granted.
Rule refused.

SHERIFFS' COURT.
(Before Mr. Sergeant Wheeler and Jury,)
TIIE LATH ELECTION OF LOUD MAYOR-PEARSON V.
MITOGERIDGZ.

This adjourned case came on for hearing again to-day,
the same legal gentlemen—viz., Mr. Pook for the plaintiff,
and Mr. Iluddleston, Q.C., with Mr. Garth, for defendant
--appearing.

Mr. Huddleston, in opening defendant's case to the jury,
said he hoped he should be allowed to reply upon the
evidence.

His Honour—lf I have the power I shall certainly per-
mit it, and then Mr. Pook will follow you.
His Honour recalled the plaintiff, who said he was
engaged by Mr. Acland in the street on the Saturday, but
did not charge until Tuesday.
Cross .examined Received instructions on Morday
night, and began about 8 o'clock on Tuesday morning.
His Honour would like to have the advertisement agent
again, so that a question could be put to him.
Mr. Pook—l will send for him.

Mr. Huddleston said ho was much pleased with being
allowed to reply, but he should not lengthen the case, as he
should shorten his opening. He appeared for Sir Henry
Muggeridge, who was only obeying the desires of Es com-
mittee in defending these actions. When a gentleman con-
fides his interests to the charge of his friends he feels bound
to abide by their decision. As had been stated, the acts of
the committee were spontaneous. Sir Henry Muggeridge
was anxious to pay every man whose services were properly
engaged on that day, and desired to raise no objection to
the amount charged, but the defendant had fd it his duty
to oppose this claim, and 79 others put upon him by Mr.
Acland. The defendant had every confidence in the tri-
bunal before which he had come. If the jury found for
the plaintiff, defendant would willingly pay every farthing.
This will be a question of conflict of testimony. If Mr.
Acland had any authority defendant would pay ; if not,
defendant was not bound to pay for Mr. Acland's derelic-
tion of duty and disobedience of orders. There was no
contract between plaintiff and defendant, but that need not
be expressly between plaintiff and defendant. The learned
counsel gave great credit to Sir Henry Muggeridge
in coming forward yesterday, and backing up the
acts of his committee. As to this case there was no doubt

it was a pilot balloon sent up to try Acland's case. The great
question would be Acland's retainer, and Acland appeared
to rely upon the words used on Monday, " All right, old fel-
low, go to work." Well, Mr. Acland had been promised
50 guineas and that sum would be paid to him at any time.
When his Honour came to sum up the jury would see the dis-
crepancy between the evidence of Acland and that of his
nephew, and here Mr. Acland had given his evidence
fairly enough. After briefly reviewing the evidence
given by Mr. Acland, the learned counsel said that
all along the committee had set their faces against
expences, and it could not be said that the sum
of £5OO mentioned had been adopted. Why Acland him-
sAf complained of the loss of time in consequence of the
committee adjourning their decision from Saturday until
Monday. Why the fact was Acland had no authority.
Knowing that he had no authority to go to any expense,
Acland engages the plaintiff on Saturday, although oven
then the matter was hold in abeyance, even as to his own
engagement; and that was borne out by /Wand's own
testimoliy. if Longdon knew what was on the card
put in, then defendant was out of court, but he (the
learned counsel) would show that he did not.
It was not likely Mr. Acland would have con-
tented himself without the card being initiated.
The case on the part of Sir Henry Muggeridge was this,
that the committee expressly told Acland not to incur any
expense without the sanction of the committee. This
would be borne out by more than three or four witnesses,
and the committee were ignorant of the engagement of the
plaintiffs in these cases. Now, Acland had not acted in a
very ingenuous manner in this case, and it would be sworn
that fifty guineas was all that was agreed to be paid. The
committee did not want Acland to be engaged on the other
side, but certainly he was never engaged as the agent of the
committee. But the fact was that Acland was never
authorised to go to any expense, and this would be borne
out by the evidence.
The learned counsel then proceeded to call his witnesses.

The first witness was George Webb, C.E., who said he
was present at the first interview between Acland and the
committee on Saturday, and also on Monday, at the Castle.
On Saturday no terms were agreed to; but on Monday
Acland was offered 50 guineas as an adviser, but not as an
agent.

In cross-examination by Mr. Pook, he said that the com-
mittee informed Acland that the outlying districts were
being canvassed by a person named Cooper. It was at all
events a preparation for a canvass after the polling had
commenced, and by two persons only. Witness ima-
gined they had been paid, but they have sent in no
accounts. The committee, as a committee, have not paid
them. Mr. Acland informed the committee that he had
gained Western Wood's election for the City. Mr. Howden
said four men would be enough to canvass the City. He
first asked Mr. Acland, and then suggested four men.
Knew nothing about electioneering tactics. (Laughter.)
Mr. Pook--And a member of the committee.
Witness—There was some talk about circulars ; I can't
say to whom they were to go, I think to the out-voters.
Mr. Howden said they could go more cheaply by hand
than by post. Mr. Moore said it would be more ex-
pensive by hand. I never saw reports from our
canvassers. On Saturday night Mr. Acland said
it was imperative to go to work at once, as it was more to
him to win than to Sir Henry Muggeridge• On leaving the
room he said some words to the effect of, " Then neither of
us is bound." Then Mr. Harker said, "If you are retained
on the other side we must be satisfied." Have talked this
matter over with Longdon, but have not compared evidence
with him. On the Monday myself, Longdon, and Howden
were present wlithaiAlclmanedmhiner
athfetheeacsotmlemeiotrnteren,iattz
hßeowomas.
Acland knew w
on
Mr.S apt uareckl a
yhad addressed the
I
After Mr.
Court, guciddl e otnhel nand
Honour summed up, and the jury found for the de-
told so bi‘yirLoHn
fenidiaisnt.

RIDDLES SESSIO A S-(THIS DAY).

TILE BOOK-STEALING BY TWO YOUNG LADIES.
The two young ladies, who gave tho fictitious names of
Long and Murray, pleaded guilty to an indictment
charging them with stealing books from the shop of a
tradesman in tho Strand.
Sentence deferred.