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

COURT OF COMMON PLEAS, Feb. 20.

(Sittings at Guildhall before Mr. Justice TALSOURD and
Special Juries.)
HOYLE IF. 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 had
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 5001. 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 defeisdant upon the subject of these notes, told
the defendant that he 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 2k 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 3,500/.,
seven bonds, Copper Miners' Company. The defendant
at this time had also a balance of from 7,000/. to 10,0001.
at Messrs. Barclay's.
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 nollo 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 they addressed the jury on behalf
of the defendant upon the common counts, and suggested
the improbability of the defendant receiving this money
as a lean to himself, when; on the 12th' of August, he
bad paid into Messrs. Cunliffe and Co.'s bank the sum
of 20,000/., 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 loan 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 defanit
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 exec's.
dons, upon the question of the stamps and otherpoints.

MIDDLESEX SESSIONS, Feb.2o.
(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 ;parish 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 ho would ask the
Court whether it would sanction the proceedings of the
prosecutor, one Thomas Stowell, an informer, whose only
object in taking them 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 he 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 renoival of
the application, and at that hour
Mr. PARRY handed in the!affidavit, 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 tho defendants might keep the place open
until after the decision of a higher court had been ob-
tained, and the object of the prosecutor in 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 ho considered the question
one of much importance, and one upon which the deci-
sion of the highest tribunal was necessary. If the 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 were taken
to the present state of society; but, though his private
opinions would not operate upon him in 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 case
ought to be tried by the highest tribunal in the land;
and ho should, therefore, 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 cf the girl, and wished for a
remand, as she had been taken away, and her friends
were most anxious to know where she was. Ile under-
stood that a sum of 501. had been given to the girl not
to proceed further in the case. After the hut 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. lie was also informed that the money had been
paid at Mr. Robinson's office.
Mr. Robinson—l deny that any money was received
at my office; and all I know of the transaction is that
I called at her place of abode and fouud she was gone.