The Sun.
London, England, 1859-10-22 00:00:00

MOTION FOR A NEW TRIAL.-LYRE V. WYNN.

This was a motion for a new trial. The cause had been
heard in the Mayor's court, at the last sittings, during
which Mr. Kerr sat for the Recorder, and it resulted in a
verdict for-plaintiff.
Mr. Pearce now appeared in opposition to the rule. This
case was heard before a jury, and their verdict should not
be disturbed.

Mr. Henry James, instructed by Mr. Buchanan, ap-
peared in support of the motion, and urged that the verdict
was against evidence, and that defendant was taken by
surprise.
His Honour said he should grant a new trial upon the
affidavits before him. Costs of the former trial to be paid
to plaintiff.

BARTH V. FORSTER-MASTER AND SERVANT-IMPORTANT

POINT.

This was an action to recover -£2 2s. for two weeks' wages,
defendant having agreed to employ plaintiff for a term o 1
three months, and after a service of two months and a fort-
night having discharged him.

Plaintiff stated that defendant got another assistant, and
wanted him (plaintiff) to do work that he was never en-

gaged for.

Mr. Buchanan, for defendant, said that defendant had
paid £3 into court, which sum had been tendered to plaintiff
and refused. The truth was, plaintiff was not exactly the
assistant required by defendant, who obtained the services
of another. Upon being told that he had agreed to employ
plaintiff foe another fortnight, defendant at once offere&
him a situation, behind the counter, and plaintiff thought
this too menial, and refused to fill it.
His Honour said that, by his own showing, plaintiff was
only entitled to the £3 in court, and had refused work
offered. Defendant would have a verdict.
GUARANTEE FOR RENT.-TAYLOR V. MOSES.

This was an action brought upon a guarantee given by
defendant to pay the runt of a third person who was
faulter.

Mr. Beard objected to the form of the particulars. The
summons said, "For rent."

Mr. Buchanan said that plaintiff himself toak out the
summons, and defendant well knew the action was upon a
guarantee. _ _

His Honour—Now, Mr. Moses, when you received this
summons, did you know what it was for ?
Defendant- -Yes

His Honour—Then it will be adjourned to amend the
particulars. Mr. Beard was justified in taking tho objec-

Costs to be costs in the cause.

ATTORNEYS' CLERKS.

Some cases were heard in which attorneys sought to re-
cover bills of costs. Their clerks appeared, and said they
alone could prove the cases.
His Honour positively refused to hear them. A witness
had no right to call himself, and an attorney's clerk ho
would not hear. This was published as early as July last,
and he should adhere to the rule.

Some of the clerks attempted to argue the question, but
his Honour said they might as well talk to a statue ; he
should not hear them.

TYE JUDGE UPON HORSE DEALING.-WILLIAMS V.

XOPFMAN.
This was an action upon a horse waranty. Mr. Beard
put plaintiff in the box, who said he purchased a
horse of the defendant for £l5 15s. It was warranted
sound, wind and limb. Of course it wasn't. (Laughter.)
It was again sold and a loss of nearly £5 ensued, and this
was sought to be recovered.
Mr. Beard said that in the loss was included the costs of
the original sale.
His Honour said that must be struck off. He woul I give
plaintiff a verdict for the amount with full costs. In all
horse cases if the amount was only sixpence he should give
full costs.

In the course of the case a good deal was said about
guineas" and his Honour concluded some very strong
remarks by saying " guineas" were not a legal tender.
THE WHITE SLAVES OF LONDON.

NO. 1.-THE MILLINER-TAYLOR V. SWINNOCK.

This was a summons to recover Is. 11d. for making some
neck ties.

Defendant said he had paid Miss Taylor all that was due.
Plaintiff said she was a milliner neeellewoman, and had
made a number of neck ties for defendant. Those, the
cause of the present action, had a great deal of work in
them, and had to go under the iron twice, and defendant
wanted to pay her 6d. per dozen for them.
His Honour—Sixpence per dozen, or one halfpenny each!
What are neck ties ? Oh, I remember now, those things
men wear instead of neckcloths. (Laughter.)
Plaintiff—This was the Prince of Orleans' tie, and twice
stretched.

His Honour—The PriTlca of Orleans' neck tie 1 Six-
pence a dozen. (Roars of laughter.)
Plaintiff—l refused the money, and said I must have
eightpenco per dozen. There was no price fixed when I
took out the work, but when I took it home he sent his boy
out with 55., saying, " That's your money." I took it, and
summoned him for the rest. Ho abused me very much, and
said, " I might summon him and be d—." (Laughter.)
He pays twopence less than any other house.
Defendant produced his book, and said the price always
paid by him for this kind of neck tie was that received by
plaintiff. By his book, the judge would see that on some
occasions plaintiff received as much as 10d. per dozen.

Plaintiff—Which everybody else gave ls. for.
Defendant—There was not much work in those now the
subject of dispute.

His Honour—How long did it take you to make a dozen,
plaintiff?
Plaintiff—From four in the morning till three in the
afternoon,
His Honour—And you only ask Bd. ?
Plaintiff—That is all, your honour.
His Honour—Eleven hours' work for Bd. I think tart
Social Science Association would be of some use in London.
There is a system vory' prevalent called the "sweating
system," and it is the cause of incalculable mischief. 1
don't say this as applicable to you, defendant, but when. a
girl tells me that all she wants for 11 hours' work is Bd., 1
eannot but think that there is wrong somewhere. I thinsz
plaintiff is fully entitled to her money, and little enomb.

it is.
Plaintiff—l have a witness to the quantity of work dome•
His Honour—You and your witness will have 2s. 6c1..
each.
A Voice—Nearly as much as you would have earned in
a week. (Laughter and applause.)
NO. 2.—THE SEILVANT OF ALL WORK.-POOLE V. sitA.ES.
This was a summons to recover ls. for one week's wage 0.
Plaintiff, a very diminutive specimen of the genus "servant
of all work," who had reached the mature age of ten, wig
put into the box by her mother.
• The mother stated that plaintiff was hired at is. per
week to nurse the baby, but when the baby went to sleep,
she had to run errands, scrub the stairs, and clean then
stoves. She was often there from seven in the morning
until ten at night. _

Defendant deni3d this.
His Honour—Well, what time did she come in the morn—
ing ?
Defendant—Eight.
His Honour—And what time did she leave at night ?
Defendant—About half•past nine.
His Honour—Thirteen hours and a half per day, at ls.-
per week.
Mrs. Poole—Defendant complained that my daughter'
came very late and sent her back. Defendant kept no other
servant. (Laughter.)

His Honour—Upon my word we ought to have the Social'.
Science Association in London. A servant of all work for 1
ls. per week. You must pay this ls. 3lrs. Shaen, and littloi
enough it is for a servant of all work. (Laughter.) I shall'.
allow costs for the attendance of this. "servant of all work"'
and her mother. (Laughter and al iplause.)
His Honour (sotto voco to the, chief bailiff)—toh, wiz
always get an ovation in these cas 0.