The Sun.
London, England, 1850-02-21 00:00:00

COURT OF COMMON PLEAS, Feb. 20.

(Sittings at Guildhall bef Ire Mr. Justice TALFOURD and
Special Juries.)
HOYLE V. ENTHOVEN.

In this case Mr. Watson, Q.C., Mr. Sergeant Channell,
and Mr. Denman were counsel for the plaintiff; and Mr.
Serjeant Byles and Mr. Bovill for the defendant.
This was an action by the plaintiff to recover from
the defendant the interest upon seven bonds or promis-
sory notes of the company of the Copper Miners of Eng-
land, under the common seal of that corporation, made
payable to the defendant on order, and by him endorsed
to the plaintiff. There were also counts for money bad
and received and money lent, to recover back the prin-
ciple. The bonds or notes were in the form of promis-
sory notes. bearing date of the 15th of July, 1845, for
the sum of 500/. each, payable on the 15th of July. 1850,
bearing interest, in the meantime, at the rate of 5 per
cent., payable half-yearly.
It appeared that the defendant was the Governor of
the Company of Copper Miners of England, and was also
the holder of a large number of the notes of this company.
According to the evidence of Mr. Cunliffe, the banker,
who was on terms of the greatest intimacy with the de-
fendant, Mr. Cunliffe had been repeatedly applied to by
the defendant to take some of the notes of this company,
which he invariably refused ; but in August, 1845, Mr.
Cunliffe having at the time 3.5001. in his possession on
behalf of the plaintiff for investment, in an interview
with the def,ndant upon the subject of these notes, told
the defendant that ho had this sum to invest, and had no
objection to lend it to the defendant upon having the
bonds as collateral security; to this the defendant con-
sented, and he then, in the presence of Mr. Cunliffe, in-
serted his own name in the body of the seven bonds, and
afterwards endorsed them and handed them to the wit-
ness. Upon being cross-examined, this witness admitted
that the defendant had banked with Messrs. Cunliffe,
Roger, and Co. for more than twenty years, and on the
20th of August, 1845, had deposited in their bank the
sum of 20,0001, at 21 per cent. interest, payable at a
week's notice. On the sth of August was an entry in
the defendant's pass-book crediting with the sum of
3,5001., seven bonds, Copper Miners' Company; and
there was also an entry in the plaintiff's pass-book of
the same date debiting them with the sum of 3,5001.,
seven bonds, Copper Miners' Company. The defendant
at this time had also a balance of from 7,0001. to 10,0001.
at Messrs. Barelay'e.
Mr. Sergeant BYLES took several objections to the
bonds upon the ground that they were in the nature of
agreements and ought to be stamped accordingly.
The Learned JUDGE overruled the objections.
A nolle prosequi was entered by the plaintiff as to the
special counts, subject to an objection by Mr. Sergeant
Byles that it could not be done at this stage of the cause.
Mr. Sergeant BYLES then addressed the jury on behalf
of the defendant upon the common counts, and suggested
the improbability of the defendant receiving this money
as a loan to himself, when, on the 12th of August, he
had paid into Messrs. Cunliffe and Co.'s bank the sum
of 20,0001., and had also a large balance at Messrs.
Barclay's.
The Learned JUDGE then summed up, leaving it to
the jury to say whether this was an absolute purchase
from Enthoven, or whether the money was lent to him,
and the bonds were given as collateral security; also,
whether if it were a lean the principal was to be payable
upon request, or in default of the payment of interest.
The jury found that the money was lent to the de-
fendant as a loan to him, and became payable on defenit
being made in the payment of interest. The verdict was
therefore for the plaintiff for 3, 500/. and interest, amount-
ing to 3,893/. 15s.
Mr. Sergeant BYLES then presented a bill of excep-
tions, upon the question of the stamps and otherpoints.

MIDDLESEX SESSIONS, Feb. 20.
(Before Mr. Sergeant ADAMS, Assistant Judge.)
THE ARGYLL ROOMS.

At the sitting of the Court, Mr. PARRY said he had
to make an application on behalf of some parties against
whom two indictments were' pending in this Court, in
which they were charged with keeping as a " disorderly
house" an establishment in the Iparish of St. James's,
well known as the " Argyll Rooms." That application
was,
.that the trial of these indictments might not take
place in this Court till after an indictment which was
now awaiting trial in the Court of Queen's Bench had
been disposed of by that tribunal. There was not the
slightest distinction between the indictments in this
Court and the one in the Court of Queen's Bench. No
new circumstances had arisen to justify these latter pro-
ceedings, and, in point of fact, all the indictments were
for one and the same offence. The attorney for the de-
fendants in his affidavit stated that the proceedings were
taken solely to harass the defendants, and, if possible,
to ruin them with expenses. The expenses they had
incurred had been very great, and he would ask the
Court whether it would sanction the proceedings of the
prosecutor, one Thomas Stowell, an informer, whose only
object in taking thorn was to involve expense, and to
harass and annoy the parties?
The Learned JUDGE wished to know whether there
was not an affidavit, in which the prosecutor swore there
were grave matters of law involved, upon which it was
desirable to obtain the decision of the highest criminal
tribunal in the land?
Stowell said be bad sworn no such affidavit.
Mr. PARRY would undertake to furnish the Court with
the affidavit in a very short time if the Court would
allow him to renew the application. If Stowell had
anything to say in reference to the defendants, he hoped
the Court would direct that it should be by affidavit,
so that the defendants might be enabled to prosecute
him for perjury should he state anything that was false.
The COURT then named two o'clock for a renewal of
the application, and at that hour
Mr. PARRY handed in thejaffidavit, and repeated his
application, contending that whatever legal wrong the
defendants had done by keeping this establishment, they
had done no moral wrong; that the Legislature ought
to interpose and protect free subjects from the perse-
cutions of common informers, especially in such mat-
ters as these, and that nothing could be more fair, rea-
sonable, and proper than the application he made on
their behalf.
Mr. CLARKSON opposed the application, the object of
which was that the defendants might keep the place open
until after the decision of a higher court had been ob-
tained, and the object of the prosecutorin opposing it
was, that if the parties were tried in the ordinary course
and convicted, the place might be shut up until that de-
cision were given.
The Learned JUDGE said he considered the question
80
inoen
oOffint huehighest inp otarni
bcuen,
nand
ausn enue
cpeoens
awryh.ic hI
ft ht
he deci
par-
ties chose, they could remove the indictment to the
Central Criminal Court, and such a course would be at•
tended with very little delay. It was known that he
entertained some strong opinions as to the applicability
of the law under which these proceedings
in were taken
to the present state of society; but, though his private
opinions would not operate upon him telling a jury
what the law actually was, that might be an additional
reason why the case should be removed to another tri-
bunal. He had from the first considered that this ease
ought to be tried by the highest tribunal in the land;
and he should, therefire, order the trial of :the indict-
ment in this court to be postponed until further appli-
cation.

POLICE INTELLIGENCE.
GUILDHALL.

Joseph Solomon, of Little Britain, again appeared be-
fore Sir Peter Laurie and Mr. Alderman Hunter to
answer the charge of committing a rape on his father's
servant.

Mr. Robinson, the solicitor, who appeared on behalf of
the girl at the two previous examinations, also attended
to-day, and Mr. Lewis defended Solomon.
Mr. Lonsdale, solicitor, said that he attended on be-
half of one of the brothers of the girl, and wished for a
remand, as she had been taken away, and her friends
were most anxious to know where she was. He under-
stood that a sum of 50/. had been given to the girl not
to proceed further in tho case. After the last examina-
tion on Friday the girl went to her lodgings, and re-
mained there until Monday, when her sister and Mrs.
Bradshaw took her away, saying that she was her guar-
dian. He was alp() informed that the money had been
paid at Mr. Robinson's office.
Mr. Robinson—l deny that any money wan reeeived
at my office; sod all I know of the trawv.etten is that
I called At her place of abode and found she was gone.

I am not acquainted with the fact that any money has
been given to the girl.
Mr. Lewis said that Mr. Solomon was most anxious
that the fullest inquiry should be made into the case,
and if a sum of money had been given, his client ought
not to be answerable for the conduct of his friends, fur
there was an old saying of " Save me from my friends,"
and Mr. Solomon's case might show that he was in the
position to make a similar exclamation. The bail taken
for his appearance on the last occasion was small, being
only himself in 801., and two sureties of 401., and had
he been guilty, seeing the punishment before him, he
would have forfeited his recognizances and not attended.
Again, if he was guilty, it would have been a most un-
wise thing to give the girl in custody on a charge of
felony; but the fact was (as he was instructed), the girl
never mentioned the assault upon her until aft::r she was
in custody.
The Chief Clerk—l must disabuse your mind on that
subject; for the evidence is, that she was not given into
custody until after she had complained of the ill-treat
ment she had received.

Sir P. LAURIE—I have read the case carefully in the
newspapers, and a more disgusting remark made by
the prisoner's mother I cannot Conceive, when she said
to the girl, " Well, I suppose he did not kilt you." My
experience has proved to me that females are the great
deceivers of their own sex.

Mr. Robinson said that it was rather extraordinary
that the brothers never moved in tho matter until they
were told some money had ben given to the girl.
Mr. Lonsdale—ln explanation, I must say that the
brother, who is in service, only first saw Vie report in the
Sunday papers, and ho then became anxious to g,,t the
girl back, and not allow any compromise, whatever the
amount offered might be.
Mr. Lewis—Well, I appear to be the middle man in
the squabble (Laughter) but I must repeat that
Mr. Solomon is most anxious to court the fullest
inquiry; and he should like to heir what Webb, the
officer, had to say.
Henry Webb said that he asked the girl's sister where
she was, and she said that she had been very honour-
ably remunerated, and had gone into the country. She
further said that since it had been set afloat that money
had been paid, her brother had come and demanded it,
and kicked up a row.
Mn Lonsdale said there were four brothers, but he
only appeared for one to prosecute the case.
One of the brothers here stepped forward, and denied
being the one who called at Mr. Bradshaw's, and de-
manded the money. He only wished to know where his
sister was.

Bradshaw said ho was not the brother who called to
ask how the case was settled. Ile told him (the ether
brother) how it stood, and that the girl had received
some compensation.
Sir PETER LAURIE—Where is the girl? Bradshaw—
I don't know.

Sir PETER LAURIE—Did the girl say what money she
received? Bradshaw—l can't say.
Sir PETER LAURIE—Yes you can.
Bradshaw—l believe it was 501.

Sir PETER LAURIE—Where is your wife now? Brad-
shaw—She is away because she should not be annoyed
by her brother, who wanted to get the money.
Sir PETER LAURIE—But where is she? You surely
must know. Bradshaw—l do not know where she has
gone.
Sir PETER LAURIE—WeII, I shall remand the case, as
the charge is one of an aggravated nature • and where,
most likely, chlorcform has been used. die then re-
manded the case until Tuesday next, and increased the
bail, requiring Mr. Solomon to enter into his recogni-
zance of 2001., and two sureties of 1001. each.

Mr. Lewis hoped that at the next examination some
tangible charge would be made out.
Sir PETER LAURIE said he should remand the case
from time to time until the girl was forthcoming.
The required bail was entered into, and Mr. Solomon
left the court with his friends.