The Sun.
London, England, 1859-10-12 00:00:00

LAW MTS.

TRIS DAY.)

SHERIFFS' COURT.
(Before Mr. Kerr.)

THE ROBING MOVEMENT.-SINGULAR SCENE IN COURT,
. . _

This morning the Court sat for the first time since the
middle of September, and many striking alterations have
taken place. In the body of the court the table has been
removed at which Mr. Osgood, chief clerk, and Mr. Aik-
man, chief bailiff, were accustomed to sit, and in its place is
substituted a raised desk, covered with red baize. The
witness-boxes are placed much nearer the judge and attor-
nies frequenting the court. As regards the robing of soli-
citors, Messrs. Buchanan, Moss, Beard, and Spiller appeared
in full ceremony. Some other gentlemen, riot being aware
, that the practice would be adopted, were taken by surprise.
His Honour wore a judge's wig, and Mr. Aikman, the
chief bailiff, appeared in a wig and gown, as also did Mr.
Thompson (excepting the wig), who sat for Mr. Osgood.
The assistant-bailiffs were robed, and altogether the court
wore a striking aspect. After expressing himself well
pleased to see his suggestions carried out, his Honour pro-
ceeded with the business. As the day progressed, various
solicitors who had come without sent for their robes, and
appeared in them. His Honour has appointed a room at
the top of the house as a robing-room, and every comfort
is to be found therein.

SINGULAR CASE UNDER THE PAWNBROKERS' ACT-

BARTER AND ANOTHER V. ABRAHAMS AND 'WIFE.
This was an action to recover £3 10s. money lent, and 3s,
3fd. interest on the same.

Mr. Humphreys, jun., appeared for:the plaintiffs, and
stated the case as under :—On the 4th of April last Mrs.
Abrahams, in company with her mother, pledged at plain-
tiffs' shop two dress-lengths for £3 10s. On the 12th July
following Mrs. Abrahams again attended at the shop, and,
producing four dress-lengths, asked £lO. Some dispute
arose, and Mrs. Abrahams said she wished to redeem the
property pledged on the 4th April. Plaintiffs' assistant
advanced the £lO demanded and handed over the property
redeemed, neglecting to deduct from the £lO the sum of
£3 10s. and interest. It was not until the evening that the
assistant found out his mistake, and he knew he had not
received the redemption money by no interest being marked
on the ticket.

Plaintiffs' assistant was called, and said that he had not
received £3 10s. with interest from Mrs. Abrahams.

Mrs. Abrahams said she paid the money when she re-
deemed the goods.
His Honour did not see how the husband could be made
liable.

Mr. Humphreys—We join the wife with him.
His Honour—You can't sue a married woman.
Mr. Humphreys—By the Pawnbrokers' Act the party
pledging is deemed to be the owner.

His Honour—As I understand it, that portion of the
statute was intended to give the pawnbroker a title in the
goods. I don't see how you can sue the husband by rea-
son of the wife's having received the money in error. You
must show agency. There is no proof that she had autho-
rity to pledge the goods.
Mr. Humphreys—No; and so we sue the wife.

His Honour—You cannot make the husband liable for a
fraud committed by the wife. You have shown no agency.
Mr. Humphreys thought that by the terms of the Pawn-
brokers' Act he could sue the wife as owner of the goods.
His Honour observed that he had no case before him,
and must nonsuit.

MASTER AND APPRENTICE.-BOWER V. SMITH.
Plaintiff sought to recover £6 for board and lodging
supplied for eight weeks to defendant's apprentice.
Mr. Buchanan appeared for defendant, an extensive car-
penter, of Tower-street, in the City.
Plaintiff's brother said his nephew WAS bound to defen-
dant for seven years, and defendant had agreed to pay so
much per week for his board and lodging.
Mr. Buchanan—ls that agreement in writing ?
Witness—No.
His Honour—Then by the statute of frauds you cannot
recover upon it. You must be nonsuited.

Mr. Buchanan stated that defendant's objection to pay
was not taken upon a legal technicality, but :n consequence
of the misconduct of the apprentice, who has already been
before the Chamberlain.

THE STRIKE AMONGST THE STONE-CUTTERS-CORCORAN

V. GIBSON.

This was an action to recover £5 damages under the fol.
lowing important circumstances. Mr. Best, instructed by
Mr. Waghorn, of Mark-lane, appeared for the plaintiff.
Mr. Best said that plaintiff was a wire and millstone
manufacturer, of Mark-lane. The defendant was employed
inAugust last upon two millstones, ard had received money
upon them. It was agreed in the trade usually that every
stone taken in hand should be completed before the job was
left. Now defendant had thought proper to leave his work
before finishing the stone, and it was the wish of Mr. Corco-
ran to show the men that they could not put their masters
to all kinds of inconvenience and loss by their caprices.
Plaintiff said he was obliged to employ two mcn in the
place of defendant, and some time was lost.
Plaintiff's foreman said that defendant left on the 27th
August, and left two stones unfinished. Witness gave two
men some beer and his master gave some money to finish
the job. Through defendant's leaving much loss was sus-
tained.

His Honour said plaintiff could only recover b. 4d. dam-
ages, that being the value of the beer supplied to the two
men who finished the job. Plaintiff could bring another
action against defendant for money had and received.

POLICE INTELLIGENCE.-(THIS DA Y.)

MANSION-HOUSE.
Frederick Garret, a German, and Joseph Richardson
cap manufacturer, 'Union-street, were placed at the bar,
charged, Garrett with stealing, and Richardson with re-
ceiving a large quantity of cloth caps (100), from Mr. F.
Poultard's premises, in whose employment he was as a
porter, in April, May, July, and August last.
The Lord Mayor said in consequence of what Richard-
son's solicitor had said to him Richardson would be dis-
charged.

Joseph Richardson was thou placed in the witness-box
as a witness, and proved the sale of the caps to him by
Garrett, for which lie paid £9.
The evidence taken on a former occasion was read over,
and the Lord Mayor committed the prisoner Garrett for
trial.

MARLBOROUGH-STREET.
STREET MUSICIANS.--PRO AND CON.—Charles
Richards, a street musician, was charged as follows :
Mr. Henry Martin, keeper of an eating-house in Market-
street, Oxford-market, said that about a quarter to 11 on
the previous night the defendant was standing in front of
his house playing a violin, and a person standing by with
a harp. He was requested to leave, and as he would not,
a constable was rent for. He had complained of him before.
72 E said he was called to request the defendant, who had
a violin in his hand, to go away. The defendant was not
playing at the time. The landlord of the White Hart
opposite Mr. Martin's, came out and told the defendant to
play, and he did so, and asked him (the constable) why he
interfered. He told the defendant not to play, and that he
was wrong in doing so, and the defendant being given into
his custody, he took him to the station-house.
The defendant (who wore on his breast a Ghuznee medal),
in a very excited and rather theatrical manner, said he
played in the middle of the road, and, in cases ofill-
ness, never struck a note. He thought it a hard case,
having a large Emily to support, that he was not allowed
to Play so that he might pay his way. lie never wished to
annoy anyone.

The landlord of the White Hart, Mr. Flowers, said it all
arose from spite of his neighbours. He wanted to try the
question whether the man could play as late as 11 o'clock,
when there was no complaint of anyone being ill at the
time.

Mr. Beadon said, if inhabitants felt annoyed at his play-
ing at that time of night, and requested him to go away, he
was bound to do so, and was liable to a fine if he did not.
People were not to be annoyed at that time of night.
Mr. Paterson, fishmonger, said the landlord encouraged
the man to annoy his neighbours.

Mr. Beadon said, as he refused to go when ordered by the
constable, he should fine him 2s. Gd., and if he came again
he should fine him 40s.

THAMES.

NOVEL APPLICATION.-Mr. Samuel Pearce, oil and
eolourman, carrying on business at No. 11, Sparrow-corner,
Minories, came before Mr. Selfe to make known the mis-
conduct of a foreigner named Edward Frost, a dealer aid
importer of musical instruments, of No. 254, Whitechapel-
road, who had obtained money of the applicant's son under
the following circumstances :
Mr. Pearce said that a son of his, aged 12 years, had
entered into an agreement with Frost to purchase a drum
for 65., and paid 2s. Gd. deposit. The remainder of the
purchase money was to be paid by instalments of 3d. per
week, and the 2s. Gd. first paid and all the instalments already
paid were to be forfeited in default of paying any one
instalment. On ascertaining what his son had been
doing, he waited upon Frost and informed him
that his son had acted without his sanction
and authority, and that he objected to his having a
drum. At the same time he demanded the restoration of
the money already paid. Frost not only refused to give back
the money, but said " if your child is only 12 years 9f age
I can make you pay for the drum."
Mr. Selfe—Then he is quite mistaken ; a boy 12 years of
age cannot enter into a contract without the consent of his
parents. What do you wish me to do in the matter?
Mr. Pearce—l want_ a summons to compel Frost to re-
fund the money. Such a system of trading was an encou-
ragement to children to rob their parents, or boys to plunder
their employers. _

Mr. Selfe—l quito agree with you in that respect. No
respectable tradesman would take money from children
without the consent of their parents. It is not a transac-
tion which I can approve, and you have done quite right in
making it public, but 1 cannot assist you. I can only re-
fer you to the aunty Conrt, which has jurisdiction over
the matter.

Mr. Pearce—l will certainly summon Frost to the County
Court. The small sum which he has in his possession is
no object to me; but as a matter of principle, and as a pro-
tection to other parents, I will pursue this case.
Mr. Selfe—You are quite right in doing so.
Mr. Pearce than thanked the magistrate for his advice,
and retired.