The Sun.
London, England, 1859-11-18 00:00:00

TIIE SUN, LONDON FRIDAY'EVENING, NOVEMBER 18, 1859.

LAW INTELLIGENCE.-( 71118 DAY)

SHERIFFS' COURT.
(Before Mr. Kerr.)
EXTRIORDIN ART CASE OF ATTORNEY AND CLIENT..-.

TIBBETTS V. TURNER (COLE, TURNER, AND TURNER.)
This extraordinary case has been before the court on
seven occasions—viz., the 20th October, and the 4th, Bth,
11th, 12th, 17th, and 18th (this day) of the present month.
Plaintiff is described as a seafaring man, of Newport, and
defendants are solicitors, of Aldermanbury. On the 20th
October plaintiff swore that lie received the names of de-
fendants from a clerk in the office of a solicitor at Newport,
named Champ; that defendants received, in the way of
business, from a debtor, £5O ; that plaintiff was induced to
accept that sum upon the understanding that defendants'
costs would be only £5; that instead of 45 defendants
charged £8 ; that upon his refusal to accept £42, a cheque
was sent to Newport, to Mr. Champ ; that Mr. Champ
wrote, without his (plaintiff's) authority, "Tibbetts" on the
back of that cheque; that Mr. Champ paid a debt of £lB
18s. 6d. to a Mr. Gregory without plaintiff's authority;
that Mr. Champ never paid him £2l in cash; that Mr.
Champ was not plaintiff's attorney, and had only conducted
ono ease for him in his life ; that plaintiff had always de-
manded £45, less Cl Is., a fee due to Mr. Champ for con-
ducting a case in the County Court; that he still reserved
his right of action against defendants, although applying
to Champ for the money.
To controvert this statemont Mr. Knight, defendant's
clerk, swore that ho never agreed to do the work for £5,
that £8 was a small sum as costs for the work done, that
they only recognised Champ as their client, and that the
matter was simply one of agency. Mr. Champ swore that
he had plaintiff's authority for all he had done, that he paid
the sums charged at plaintiff's personal request, and that he
had frequently conducted business for him. His Honour
found that there was an agency, and gave plaintiff a verdict
for £45. On the 4th November Mr. Buchanan, for plain-
tiff, made an application in reference to an appeal, notice of
which had been given on the 29th October. On the Bth
November Mr. Turner attended and offered some explana-
tions in reference to some suits instituted against the defen-
dant. Mr. Turner, after some argument, said he should
withdraw the appeal case, and allow a sum to
be paid to plaintiff on condition that his Honour
reheard the case. His Honour consented, and on
November the 11th the rehearing commenced. Mr. Turner
requested that the plaintiff should be called, but he was
non eat. Mr. Champ was present, and affidavits were read
which fully cleared Mr. Champ from the charges made.
His Honour declared that all matters wore explained. As
to the agency there was no doubt the judgment must stand.
On the 12th November plaintiff was still absent. The money
in court (C 18) was then argued upon. Mr. Turner con-
tended that upon the face of the affidavits read the previous
day that that suns should be paid out. His Honour
remarked that, in reference to agency, it might have
been bona fide so far as defendants and Mr. Champ
were concerned ; but as regarded plaintiff it was one
•f direct employment. As to the appeal that
could have been quashed, as the judgment was given upon
facts and not law. Mr. Champ then explained satisfac-
torily to the Judge the matters of the suits against Tibbetts.
His Honour then adjourned the case till the 17th, to give
notice to Tibbetts to attend. On the 17th His Honour said
he had gone through the volumnious affidavits, and wished
to read them again, and would give judgment to-morrow,
the 18th. This day His Honour said :—That there being
no opposition to the motion he should order the £lB to be
paid to Mr. Turner. Everything had been fully explained
by the affidavits, and the cheques impounded would be
delivered up.
IMPORTANT TO EITHOGRAPUERS.-DAY V. 'IL-DRINA.
Plaintiff sought to recover a sum of money for litho-
graphing some show cards.
Mr. Day said he received the order from his traveller,
and the designer had, under defendant's instruction, made a
drawing of a gas regulator and a sewing machine, of which
defendant was a patentee.
Mr. Buchanan said the order was given under a aortain
representation that the amount would be taken out in ga.4-
regulators.
Defendant said the drawing was very imperfectly done.
The traveller promised that the amount should be taken
out in goods. In addition defendant said he told the travel-
ler that ho did not at the time require any show cards, but
the traveller said he would make the drawing, and keep the
work until required.
His Honour said he had heard a great deal about sewing
machines. There were about 10 patents, and had been at
least 20 prior actions at law. As far as the can went, as
the traveller was not present, the matter must be idjourned.
IMPORTANT POINT OF PRACTICE..-COOPER V. DUTCH.
This was a motion for a new trial.
His Honour asked the grounds upon which the applica-
tion was made
Mr. Hubert Wood said upon the ground of surprise, and
that he had fresh evidence.
His Honestr had no affidavits before him, and as to sur-
prise, every defendant was taken by surprise at the evidence
brought against him by the plaintiff.
Mr. Wood thought the same rule was pursued there as
in the County Court. The usual notice had been given,
and the plaintiff was present.
His Honour said he should have affidavits. The rule
was only a verbal one at present.
Mr. Wood said he was unaware ; he was quite ready to
go on.

His Honour would on this occasion—and this occasion
only—dispenso with the affidavits, and grant a uow
with plaintiff's consent.
Plaintiff consented, and a day was fixed.

'MINTER CIRCUITS OF THE JUDGES,
1859.

The Judges appointed to proceed and hold the
ensuing assize of over and terminer and general
gaol delivery in and for the several counties in
which such assizes are to be holden during the
next month, preliminary to the usual Spring Circuit,
yesterday made the following arrangements for
holding such assize, viz. :
Y ORK SHIRE DIVISION.
Judge.—The Hon. Mr. Justice Wightman, on Saturday,
Dec. 3, at the Castle, at York.
HOME AND WESTERN DIVISION.
Judge.—The Hon. Mr. Justice Williams.
EssEx.—Thursday, Dec. 1, at Chelmsford.
KENT.—Monday, Dec. 5, at Maidstone.
IVORCESTERSIIIIIE.—Monday, Dec. 12, at Worcester.
WAnwtmsninu.—Thursday, Dec. 15, at the Castle, at
Warwick.

MIDLAND AND NORFOLK DISTRICT.
Judge—The Hon. Mr. Justice Crompton.

NoßPOLK:—Saturday, Dec. 3, at the Castle; at Norwich.
THE CITY or Nonwien.—The same day, at the Guild-
hall.

NORTIIAMPTONSIIIRE.—Wednesday, Doc. 7, at North-
ame.'7Co. LNSIIIRE.—Monday, Dec. 12, at the Castle, at
Lincoln.

NorriNnnAmsninE.—Thursday, Deo. 15, at Notting-
ham. _

DERBYSHIRE.—Monday, Dee. 19, at Derby.
NORTHERN AND CHESTER DIVISION.
Judges The Honourable Mr, Baron Martin and the
Honourable Mr. Justice Wiles. _

STAFFORDSHIRE—Saturday, Dec. 3, at Stafford.
LIVERPOOL.—Saturday, Dec. 10. At this assize notice
has been given that the criminal business will commence on
Monday, the 12th ; but no civil business will be taken before
Friday, Dec. 10, and notice will be given on Monday, the
12th, of the day on which the business will commence.
The learned Judges will also hold assizes at Newcastle,
Durham, and Chester; but the days are not fixed until the
state of business at Liverpool is determined.
WESTERN DIVISION
Judge—The Honourable Mr. Baron Channell.
COUNTY OF SOUTHAMPTON.—Saturday, Dec. 3, at Win-
chester.
DEVONSHIRE.—Saturday, Dec. 10, at the Castle, at
Exeter.
THE CITY OF EXETER the same day.
GLOUCESTERSIIIRE.—Thursday, Dec. 15, at Gloucester.
THE CITY OF GLOUCESTER the Same day.
COUNTY OF CARDlFF.—Tuesday, Dec. 20.

ROTA OF JUDGES AT THE CENTRAL
CRLILLITAL COURT FOR 1859-60.

The Judges appointed to preside at the several
sessions at the Central Criminal Court, during the
mayoralty of the present Lord Mayor, have made
the following arrangements :

Monday, Nov. 28—The Right Hon. Lord Chief Justice
of England, Sir Alexander Cockburn, Mr. Baron Bramwell,
and Mr. Justice Bytes.
Monday, Dec. 12—The Right lion. Lord Chief Justice
of the Common Pleas, Sir E. Erle, Mr. Justice Crompton,
and Mr. Baron Watson. _ _

Monday, Jan. 2, 1860—Mr. Baron Martin, Mr. Justice
Crowder, and Mr. Justice Blackburn.
Monday, Jan. 30—The Lord Chief Baron of the Exche-
quer, Sir F. Pollock, Mr. Justice Wightman, and Mr. Jus-
tice Willes.

Monday, Feb. 27—Tho Judges on the Home and Norfolk
Circuit.

Monday, April 2—Mr. Justice Williams, Mr. Baron
Channell, and Mr. Justice Hill.
Monday, May 7—The Lord Chief Justice Cockburn, Mr.
Justice Crowder, and Mr. Baron Channell.
Monday, June 11—Mr. Justice Erle, Mr. Justice Cromp-
ton, and Mr. Baron Bramwell.
Monday, July 9—The Judges who go on the Home and
Norfolk Summer Circuit.
Monday, Aug. 13—Mr. Justico Willes, Mr. Justice Wil-
liams, and Mr. Baron Watson.
Monday, Sept. 17—Mr. Justice Wightman, Mr. Justice
Byles, and Mr. Justice Blackburn.
Monday, Oct. 22—The Lord Chief Baron Pollock, Mr.
Baron Martin, and Mr. Justice Hill.

aNa- ean
gang
account last
weel7,lsEaßyslCthAeN ISVNaN rliN•iiptgLtoEnßS legGuardian,V of n American
of swindlers who were writing letters to the addresses of
deceased gentlemen in England, with a view to the relatives
opening theni, and from their contents believing that the
deceased husband, father, or brother was the father of an
illegitimate child, who was represented as being in extreme
want, owing to an overdue remittance. Cases are daily
coming to light where the rogues have succeeded in extract-
ing money from a widow or son, who for the first time sus-
pected the moral character of a deceased husband or father.
Captain Lyon, of Appleton Hall, informs us that the dodge
was tried upon him after his father's decease, a few weeks
ago, but he at once detected the fraud, and committed the
letter to the flames. Probably this exposure of these vil-
lainous proceedings may remove the cloud which has hung-
over the memory of sonic departed relatives.