The Sun.
London, England, 1861-05-08 00:00:00

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PRICE 4D. STAMPED, SD.

satisfactory to have new trials, and the costs would
abide the event.
Rule absolute.

COURT OF EXCHEQUER.

(Sittings in Banco—Before the Lord Chief Baron,
and Barons Martin, Channell, and Wilde.)
_ LAST V. DOWLING-INTERPLEADER..

Mr. Hawkins said he had to move in this case,
which had been tried before Mr. Baron C. hannell
on the 24th, 25th, and 26th of April, and in which
the verdict had been found for the plaintiff for a
new trial, or to enter it for the defendant. It was
an action in interplerder to try the right to certain
goods seized by the Sheriff of Middlesex, and the
interesting point involved in this drama, which had
been performed for three days—(laughter)--was
whether the goods which had been seized by the
sheriff at the suit of Mary Anne Dowling were the
goods of Mr. E. T. Smith or the plaintiff. Mrs.
Dowling, who resided at Barnes Cottage, King's
Langley, in Hertfordshire, had seized the goods
under a judgment against Mr. Smith. Now his
learned friend, Mr. Chambers, had at the trial made
a great deal of the fact that when the attorney's
clerk went to her house to serve her with a sub-
poena to attend the trial she was lying upon a sofa,
and although she pretended to be ill, she jumped
up, and stamped about the room. But if their
lordships could have only seen the kind of person
the attorney's clerk was—(laughter)---the document
which he carried, and the sum which he put down
with it, they might readily conceive that a lady in
a delicate state of health would be somewhat ex-
cited. (Laughter.) The attorney's clerk had ab-
solutely offered her with the subpoena a sovereign
to come-up to London, and to pay her expenses, and
the lady refused to take it. What did the attor-
ney's clerk do then ? He picked up the sovereign,
but left the subpoena. (Laughter.) What became
of the money nobody knew ; it certainly had not
been produced in court. But really Mrs. Dowling's
evidence was not wanted, because he (Mr. Hawkins)
had offered to admit everything she could prove.
However, his learned friend Mr. Chambers said
"We want Mrs. Dowling." (Laughter.) Now the
history of the plaintiff, Mr. Joseph Wm. Last, was
somewhat peculiar. He was a printer, he had been
bankrupt and insolvent, and had been the proprie-
tor of that respectable publication called the Town,
which had been put an end to by the Society for
the Suppression of Vice. The plaintiff, who was
in the employ of Mr. Francis, the printer, induced
Mr. Smith, who was then, in 1860, the lessee of
Her Majesty's and Drury-lane, and the proprie-
tor of the Alhambra, to take a printing business
in Savoy-street, Strand, on the ground that by so
doing he would effect a great saving in the print-
ing of his theatrical bills, the plaintiff to recive £3
a week as salary. Mr. Smith was responsible for
the plant, but did not wish his name to appear, as
he would not ran the risk of the bankruptcy lawn.
The execution had been put in the name of Mrs.
Dowling, and then the plaintiff claimed the goods.
The Lord Chief Baron—You may take a rule. to
show cause.

WSPAS'}s

...1
kil 171 S
bed of a.
had gone

Woolrych

Mr. Humphreys, jun., said he had completed the
case for the prosecution, and he had only to request
that the evidence already given and taken down in
writing by Mr. Bowdler, the second clerk, should
be read, and the witnesses bound over-to attend at
the next Old Bailey Sessions to give evidence, as
it, was impossible for the case to be tried at the pre-
sent sessions.

All the witnesses were then bound over to give
evidence at the nest Sessions. Mr. Woolrych
intimated that he intended to commit all the pri-
soners for trial, and, to complete some formalities
connected with the case, but not for the purpose of
taking additional evidence, they will be brought
up again this day for the last time.