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

SHERIFFS' COURT.

TWENTY POUNDS DEPOSIT.—WANTED A TRAVELLENe..."
PEARSON V. M‘GREG OR.

This was an action to recover Zso—£6 wages actually
earned, and £44 damages sustained through breach of con-
tract and wrongful dismissal.
Plaintiff, who was represented by Mr. Prendergast, in-
structed by Mr. Gibson, is a commercial clerk ; and de-
fendant, for whom Mr. Prindle appeared, is a commission
agent of 4, Water-lane, Tower. street.
Plaintiff said that in consequence of an advertisement in
a morning paper he came up from Salisbury, and applied
to defendant. As required he produced £2O as a deposit to
be lodged in their joint names at the bankers. He (plain-
tiff) then signed an agreement for twelve months' em-
ployment at £9O per annum, and £5 per cent.
upon sales. After plaintiff had been in defendant's ser-
vice three weeks, defendant asked permission to use the
£2O in his business. Plaintiff wrote a permission for him
to do so. Some difficulty arose about salary, and plaintiff
was put off from time to time. Finally, plaintiff demanded
his money back, and was informed that it was not con-
venient to return it in cash, but an acceptance was given,
and a receipt for it signed on the back of the agreement.
Wages to the extent of £6 were due, and plaintiff was in-
duced to sign a receipt in the Red Lion, Fenchurch-street,
for that amount, but which he never received. When plain-
tiff inquired about his £2O, defendant began to find fault, and
said ho didn't require his services any longer. In regard to
payment he was referred to Mr. Spielman, who denied all
knowledge of defendant. Plaintiff told defendant on the
Saturday following his discharge that the agreement was not
cancelled.

In cross-examination plaintiff said defendant did not com-
plain of his drinking and smoking. Never went to the
office drunk. Did not have his pipe until night. Defendant
himself took plaintiff to public-houses. Did not know if
anybody saw plaintiff sign the receipt for the £6. Is sure
no one saw the money paid. Would swear it was not.
Words had been added to the receipts since signed. Be-

lieved plaintiff wrote the receipt. It might have been
some other person. The only clerk defendant had was a
boy. _ _ _

Mr. Prendergast said that was plaintiffs case.
For the defence defendant was called, and said that as
soon as plaintiff entered his service he had cause to com-
plain of his dissolute habits. He brought in no orders, and
defendant informed hint that he must dispense with his
services. Plaintiff said, " Give me my £2O and I'll go."
Witness said; it would not be convenient to pay the £2O in
cash, and plaintiff agreed to take an acceptance, and £6
wages duo. Plaintiff•was abusive, and witness turned him
out of the office. The agreement was cancelled by consent.
Defendant was submitted to a most rigid cross-examina-

ion, and said that when he swore he had turned the plain-

tiff out of his office ho didn't mean it. He meant that the
business having been finished plaintiff left. A person
named Smith wrote the receipt on the agreement. Another
person named also Smith wrote the receipt for the wages.
They were two distinct Smiths. Every word in the document.
as they now stood was in when plaintiff signed. After wit-
ness had had the £2O about a week, a friend of the plaintiff's
wrote to ask where it was deposited, and witness asked
plaintiff for written permission to use it in the business. It
was not meddled with until then. (Roars of laughter.)
Witness said he would give plaintiff a reference to enable
him to get another berth.

His Honour—How do you reconcile that with the fact
of his drinking and smoking ?
Defendant—l thought an indoor situation would suit him
better than an outdoor. (Roars of laughter.) Witness
got the £6 to pay plaintiff from his bankers. (Laughtor.)
Mr. Prondergast—l am instructed that both receipts were
written in a public-house.

A Mr. Nathan, who described himself as a furniture
dealer, was then ardled for defendant, and said he didn't
know much about the matter. Ho remembered being in the
Red Lion one day and seeing papers being signed and money
pass from defendant.

- His Honour inquired if that was the defendant's case,
and on being answered in the affirmative, said he should
impound all the documents put in. The case should have
gone elsewhere, and the plaintiff would have a verdict for
the full amount with costs. Had there been corroborative
testimony of plaintiff's evidence he should have taken the
usual steps, and did not believe one word of defendant'■
evidence.—Order forthwith.

The Court was densely crowded and great feeling dis-
played, his Honour's severe remarks coming in for a
round of applause, which was instantly checked.

THIS DAY'S SHIPPING.

I ONDON, Nov. 11.—Wind this day at noon, N.E. ;
light breeze, and fine.
RAMSGATE, Nov. 10,—Wind N.N.W. to N.E.—Sailed.
—Token, for the "West Coast of Africa.
DARTMOUTH, Nov. 10.—Wind S.E.—Arrived—Bittern,
from Newcastle, for Havana.
PLYMOUTH' Nov. 10.—Wind E.—Sailed—Gwalior, fur
; Lancashire Witch, for Bombay.
FALMOUTH, Nov. 10.—Wind S.E., strong.—Arrived—
Rhein, from Rangoon, for Bremoa ; John Griffin, for
Havana. _ _

PORTSMOUTH, Nov. E.N.E.—Arrived—
Eleanor, from Moulmein; Deal, Alma, and Olga, from
Batavia ; H.M.S. Urgent, from Queenstown. Sailed
Canadian, for Calcutta ; Heroes of Alma, for Shanghai ;
H.M.Str. Odin, for China, with - two gunboats in tow ;
Panope, for River Plato ; Admiral Hamelin, for Rio
Grande. Off the Port.—Liverpool, from London, for New
York.

(BY BLECTRIC TELEGRAPH.)
SOUTHAMPTON, Friday Morning.

Wind S.E., fresh.
Arrived—Constantia, from Shields; Atalanta, steamer,
from Jersey; Delta, steamer, from Alexandria; Duke of
Cornwall, sceamer, from Dublin ; Supply, from Sunder-
land ; Ceres, steamer, from London ; Lamplighter, from
Sunderland.
Sailed—Agenoria, stearaer, for Bilboa ; Duko of Corn-
wall, steamer, for London ; Ceres, steamer, for Dublin ;
Atalanta, steamer, for Jersey ; La Poule, for Cherbourg ;
Arbutus, for Newport ; Lady Constance, for Sunderland ;
Devonshire, for Poole.
LnEttroor., Friday Morning.

_
Wind S.
Arrived, Nov. 19 —Jantje Nanninga, from Alexandria.
Sailed—Hannah, for Gibraltar • Annie, for Marseilles ;
Susan Anna, for St. Michael's; Rosa,e for Alexandria.

(BY SUBMARINE AND BRITISH TELEGRAPIL)
GRIVESEND, Friday Morning.
Wind calm ; tide, two hours' flood ; weather fine.
Arrived—John Brooks, from St. Lucia; Leander, from
Terceira; Ocean Child, from Stettin; Crest of the Wave,
from Foo-chow-foo ; Lasetta, from Malaga ; Swallow, from
Xabea.

Sailed—Elbe, steamer, for Hamburg.
DEAL, Friday Morning.

Wind S. by E., moderate.
Passed—Madras, for Sierra Leone; Peninsular, scrow
steamer, for Gibraltar ; Southern Cross, for Hong Kong—
all from London ; Julinder, from Shields, for Cadiz.
Sailed in tow—Sardinia, for London.

VESSELS SPOKEN WITH.
The Ajusta, Oct. 4, 46 N, 46 W.
The Versailles, from London, Sept. 29, 12 S, 30 W.
'rho Emil!, Oct. 20, off the Brandy pots.
Tho Diana, the Feronia, tho Bowes, the Golden Light,
and the Levanter, all the same day.
The John Bull, homeward-bound, Oct. 21, off the Brandy
pots.
The Yore and the Erromango, both homeward-bound,
the same day.
The Intrinsic, from Quebec for Liverpool, Oct. 22, off
Point des Monts.
The Eden, same day.
The Caroline, homeward-bound, Nov. 2, 49 N, 24 W.
The Albion, homeward-bound, same day.
The Now York Packet, from Quebec for Liverpool, Nov.
4,50 N, 21 W.
The Dr, Kuno, bound west, Oct. 19, 24 N, 35 W.