The Sun.
London, England, 1844-01-22 00:00:00

➢lr. CLAarcsow7He heard the evidence of Mr. Pott, and

that is the only evidence which concerned him.
The LORD Mavoa suggested that, as he had not perhaps
heard the other evidence, it would be as well to go through the
evidence again.
A long, warm discussion ensued between Mr. Chambers, Mr.
Ballantyne, Mr. Wilkins, Mr. Clarkson, the Lord Mayor, and
Mr. Alderman Ilumphery, three or four of these gentlemen
frequently speaking at the same time, and the counsel con..
stoutly interrupting each other.
The LOAD MAYOR (addressing the prisoner)—You were
here when the evidence affecting you was given. You beard
that evidence ? The prisoner, Griffin—l ass not aware of its
my Lord ; I did not attend.
Mr. WILKINS—He did not hear the whole of the evidence
in the case, and therefore he cannot be called upon the charge.
Mr. Alderman HUMPREILY—He heard the evidence of Mr.
Pott, and that of Forrester, upon the charge.
Mr. CHAMBERS—You should protect a man who has not
any legal advisers, instead of endeavouring to catch hint in e
trap.
Mr. BALLANTYNE—In this case it is attempted to obtain by•
cajolery, what in the other case was attempted to obtain by'
threats. My Learned Friends intend to use him as a wit-
ness • after what has passed, they dare not prosecute him, and
therefore let them examine him at once.
Mr. CHAMBERS—If it were a private prosecution a different
course would have been pursued.
Mr. Alderman Hustrisear —lt would net. This is a very'
complicated case.
Mr. CHAMBERS then demanded that the charge against the
four prisoners should be read.
The Clerk said that he had only a record of three prisoners.
The fourth prisoner had been apprehended upon a warrant.
Mr. Chambers applied to have a note made upon the record
of the proceedings, that at this stage of the proceedings a per-
son named Grail had been apprehended upon a warrant, ea
which he was charged, and the prosecutor were called upon
to say whether he was charged as a prisoner or admitted es
a witness.
Mr. CLARKSON—To which the prosecutorsvefesed to answer,
inasmuch as they had not made up their minds.
Mr. WILKINS desired that the entry might be made. It
was most important that it should be known that up to three
o'clock to-day the prosecutors had not made up their minds.
Mr. Ct.seesosi—l call as the next witness Mr. Frederick
Witham Pott.
Mr. CHAMBERS—Does he depose to say anything affecting
Mr. Barber?
Mr. BALLANTYNE—Or Mr. Fletcher.
Mr. WILKINS—Or Mrs. Doren.
Mr. CLARKSON—Then, my Lord, if my Learned Friends
object to my proceedings, I request your Lordship to remand
the prisoners.
Mr. CHAMBERS demanded that the several charges Wins;
the prisoners should be completed. A copy of the depositions had
been demanded, and it was merely playing with the Act 0,
Parliament to refuse a copy of the depositions, because the
prosecutors did not choose to complete the charges. He put it
to the Lord Mayor, whether, even as a matter of discretion
it was not his duty to furnish the prisoners with copies of the
depositions? The prosecutors had boasted of their can-
dour, but if they had kept their word. of promise to the '
ear they had broken it to the sense. He demanded that copies
of the depositions should he furnished to the prisoners, that
the charges made at an early stage of the proceedings should
be completed. What the prisoners wanted was, that no more
favour should be shown to the Govenament prosecutor than
would be shown to a private prosecutor.
( The case was proceeding when we went tr,

press. )

EXCHEQUER.-(THIS DAY.)
(Before Mr. Baron Bourn.)

SAUNDERS V. ROSS.

This was an action brought to recover the suns of 811. 51., tht
amount of commission for the sale of a house belonging to the de
fendant in Chester-place, Regent's-park. The plaintiff is a b°°56.,,
agent in Regent-street, and the defendant is the proprietor 0
several houses. The present action arose out of his refusal to par
the amount claimed, on the ground that he, and not the plaint''.
was instrumental in disposing of the house.

Mr. Cockburn and Mr. Bradwell appeared for the plaintiff, and
Mr. Thesiger and Mr. Ogle for the defendant.
A witness named Stovell, the plaintiff's clerk., was called t°
prove that the defendant once, in his hearing. :did not deny hi/.
liability to pay the commission, and that on another occasion he re-
fused to pay the claim on the ground that he hard received a eon,.
munication from the purchaser of the house so me days before hi;
(the purchaser) communicated with the plaintiff in the matter.
Mr. THESICER addressed the jury for the defendants. The
system of paying house agents by commission was exceedingly fe"
prehensible ; their charges, as in the present ease, were frequently;
exorbitant, and gave rise to consideraole litigation. If the boor
agent was unsuccessful all his trouble brought him no reward. It ;
were better to pay them, like other tradesrrien, a certain sum for
the work required to be done. The witnesa who had been e%s"
mined on the part of the plaintiff had not given his evidence in s°
satisfactory a manner as he could have wished. The plaintiff had
stated that he sent the particulars of the. house, and a card which
would admit to inspect it, to the gentleman who ultimately OP •
chased it ; but he distinctly denied that he ever received from the
plaintiff any such particulars. He would call witnesses to Pole
that Mr. Marshall, late of Sobo.square, the gentleman who Or
chased the house, visited it, and expressed his intention of Pur-
chasing it previous to receiving or having any communication with
the plaintiff.

Mr. Marshall, aged 85, examined.—l saw the house in Chester•
terrace two or three days previous to hearing anything of the
plaintiff. The letter produced, expressing my opinion that Mess"'
Saunders and Woolley were entitled to the commission, was
neither written by me, nor by my direction. I applied to the Dan
relative to other houses, but never concerning the house in Cheater'
terrace.

The witness, who was here sharply cross.exiensined by Mr.
CocimaN on the subject of the letters produced, rather testily eic"
claimed, " I will not be spoken to in that way. I have not been
in a Court of Justice fer forty years. lam the master of one bun'
dred men, and was never spoken to in that way. I presume I rasl
now go home."

John Wasty examined—l wrote the letter expressing Or.:
Marshall's opinion that the plaintiff was entitled to the
eenunisol°7
by his direction.

(The case had not concluded when we went to press.)

BOW-STREET,-(fHIS DAY.)
This morning Mr. Le Breton, the Vestry-Clerk of St. Martini° .
parish, attended upon Mr. Hall, the Chief Magistrate, in order i°
ascertain what was to be done with the individual William Jinn°,
Ki!Mara, who was found, on Friday afternoon, in St. Janle?:
Palace, and who was taken into custody, as it was supposed he W';
insane. Since then he has been examined, and the surgeons ha/
pronounced him in such a state of mind as to make it dangerous far
him to go at large. As soon as Mr. Le Breton came to the oftle •
this morning, Mr. Hall consulted with him in a private room, and
ate,
our reporter, from inquiries he made, understood that it was
cided to send the prisoner to Bethlehem Hospital. It was Pr°.
posed to send him to Hanwell, but this course was found to be a'
tended with great expense, and the unfortunate man was, there'
fore, sent to Bedlam.

WILL OF THE DUKE OF MANCHESTER.—probate
of the will and codicil of the Duke of Manchester (late of Kimbol"
ton Castle, the collector of customs for the port of London, Itr')l
has been granted by the Prerogative Court of Canterbury to Lord
Mandeville, the sole executor and son of the deceased By the will he bequeaths to his daughter, Lady Elizabeth Steele, 5,000/. ;
to his daughter, Caroline Calcraft, 3,0001. ; and his library, Paint-
ings, plate, furniture, and residue of his property, of whatever do.
acription, he gives to his son, Lord Mandeville. He also gives to
his doctor 5001., and to his
valet 50/. a year for life, free of legacy
duty. By the codicil he bequeaths to his daughter, Caroline Csi,
i:
craft, 2,0001., in addition to the legacy in his will,
making 5,0°
The property is sworn under 60,0001., and the
probate b°3ll .
'-
stamp of the value of 7501.
ST. GEORGE'S CIIAPEL, W1ND50R......A private re:
hearsal of sacred music, the composition of the Prince Consort, toe;
place in the Queen's private Chapel, before her Majesty and his
Royal Highness Prince Albert, on Friday last, under the soPer',,,.
.;,
tendence of Dr. Elvey (who presided at the organ), private 011/2"
to the Queen. The whole of the gentlemen of the choir And-
,h
1 e
choristers of St. George's Chapel were also present to take Part
is
the performance. The Prince Consort having given his Pernl,o,
lion to Dr. Elvey to introduce his Royal Highness's compositions
the service at the chapel of St. George, they formed a portion '
the musical service at the chapel yesterday morning, Sir Hudson Lowe is said to have left behind "4.
some Interesting notes and documents relative to his governrae inP4.
of St. Helena, and custodiership of its illustrious prisoner,
his
chiding the written instructions of Lord Bathurst concerning
important charge, which have been, it is further said, introstecl by
own,
him to a friend expressly for publication, with a view to his ..„Ono
justification against the censure which has so long weighed 't—
his name.—Athenicum.

BIRTHS.
On the sth inst., at Naples, the lady of W. Charles Grllll4
Esq., late of the King's Dragoon Guards, of a daughter.
On the Bth inst., at Annett's-crescent, Islington, Mrs. C.
Horne, of a son.
On the 17th inst., at Benton Hall, Northumberland, lkbs.
Mayhew, of a son.

MARRIED.
ivionlin'tfr°
On the 20th inst., at St. Margaret's Church,
Evilly
Mr. John Robinson, of Maiden-lane, Cheapside, to Miss
Hornby, of Lowndes-terrace, Knightsbridge.

DIED.
On the 18th inst., at Bath, Alice, wife of James Whitifr
Esq., of 26, Duke-street, Westminster, and Carshalton, Sur,r;e•lpi
On the 11th inst., at Bordeaux, Mary Esther Isabella, v"
daughter of Nash Barton, Esq., aged 16

Lotion t:AI
: Pr:ruand übllthect •MU 1 D'3 1' ILN
No. 112, Strand, at The Sun Office, No. 112, Strand,
iA
the County of Middlesex, Monday, January 22, 1644.

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