The Sun.
London, England, 1826-10-25 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, GUILDHALL—(THIS DAY.)
STOLEN NOTES.—Sriteut meal%
SNOW AND OTHIRS V. LIATNAM AND OTHYRS.
Mr. PLATT opened the pleadings.
Mr. SCA.RLETT stated the case. The plaintiffs formed
the respectable banking-house of Snow and Co. in the
Strand; the defendants formed or did form, a banking
establishment at Doncaster, in Yorkshire, and became
possessed of certain notes, which the plaintiffs alleged be-
longed to' them, and which they were entitled to demand
restitution of. In the usual course of plaintiff's business they
were in the habit of having warrants,di vi dends, and other seen-
rities put into their hands, on which to raise money; and
they had two person* who Went out on such a mission
every morning, one to the East and the other to the West.
On the Bth of September, 1824., the clerk of the plaintiffs
who had to take the city side of Temple Bar, had cheques
and securities put into his hand to the amount of 30001.;
his name was Smith. Part of the cash he received,
for the securities was in one note for 200/., another
for 100/, and another for 501., and these formed the sub-
ject of the present action. They were obtained from dif-
ferent banking establishments in town. After Smith had
received the 3,000/. in cash, he returned towards home,
and when he hall nearly got to Temple Bar, he was hustled
and robbed of the money. As soon as he arrived at
home, his principals took the most prompt means
of obtaining the numbers of the notes, and of making
the robbery public. They got hand-bills printed,
and put advertisements into different newspapers,
giving the numbers of the notes, stating that payment of
them was stopped, and offering a reward of 500/. for the
recovery of them. The plaintiffS also knowing that the Don-
caster races were about to be run at the time of the robbery,
and thinking it probable that the thieves might go there to
pass the notes, wrote to the bankers there, apprising them
of the robbery, and inclosing some of tht handbills. A
police-officer was sent down to the races from London
with some of the handbills. The notes in question did
not make their appearance in 1824., but the three now to
be the subject of trial were passed to the defendants at the
races in 1825 ; and the Learned Counsel contended that the
defendantawere liable to restore the notes,on the principle that
those who receive property without making proper inqui-
ries respecting it, are liable to make it good to the true
owner, if it should turn out that that property had been
stolen property, and been stolen, or fraudulently obtained.
The defence he understood the defendants meant to make
was, that their shop was usually so crowded at the race time,
that they never made enquiries into the characters of
those who produced notes to them at that time ; but he
thought this was a strong reason why they ought to be
made to restore the notes, inasmuch as it was holding out a
bonus to thieves to commit depredations, and to fly to
their shop to pass them. The value sought to be reco-
vered was that of a note of No. 5087, 19th August 1824,
for 200/4 another number 12,959, dated 23d August,
1824., fur 100/., and the other number 11,929, dated 2d
August, 1824, for 504
Charles Nubbins--Was a clerk in the.banking-house of
Messrs. Snow and Co., in September, 1824. Upon the
7th of that month, there was a dividend warrant paid in
by Mr. Lake ; the warrant produced is the one, amounting
to 1,379/. There was a cheque paid in by Mr. Collins, on
Glynn and Co., for upwards of 1004, and another by Mr.
Aliens for SOL It is the practice of Messrs. Snow
and Co.'s house to make up every evening what is to be
collected in on the following morning. The collection
is divided into East and West. The above all fell within
the Eastern district. The person who was sent out with
them was John Janice, the regular clerk for taking that
district not having been at home that morning. He was
an old and faithful servant ; he was now dead ; he return-
ed on the day in question bet Ween two and three o'clock;
but did not bring back the proceeds. The Bank of Eng-
land note now produced for 50/. had written on the back
of it " Remmington, 8-9," meaning the Bth of Sep-
tember.
Cross-examined by the SOLICITOR GENERAL:7Jan
James was an old man, between sixty and seventy years
of age ; he laboured under no deficiency of mind. When
he returned lie seemed very much agitated, and showed
his pocket which had been cut, and said he had bee--
1 robbed

Bolt, a clerk to Messrs. Glynn, identified the 200!.
note to he the one lie paid him on the day in question.
Mr. Edwards, by Mr. BROUGHAM--Was a bill printer;
deliVered a number of the bills now produced to the ban-
kers, on the 9th of Sept. 1824. Believed other persons
delivered in others on the same day.
These bills stated the robbery, gave the numbers of the
notes, and offered a reward of 500 i. for their recovery.
Luke Naylor received a WI. note in October, 1825,
from the defendants' house ; the note produced was the
note; this was on the sth October; witness paid it to
Mr. Jackson, who put " Mr. Jackson, London,' on the
back of it, and sent it off to town, in witness's presence,
Cross-examined—Witness was a coal-merchant, living
at Doncaster; Mr. Jackson was a coal-owner at the
same place, anti was present in Court. The defendants'
banking concerti is very considerable ; there was an
enormous influx of , people at the time of the races.
Witness was not in the habit of receiving notes to such an
amount as 200!.

Re-examined.—People come out of all quarters to the
races ; witness never went to the bank during the rewe
time.
Mr. HEWSON, attorney to the plaintiffs—l traced the
2004, and the. 50/. notes to the defendants and went to
O them IT the subject ; were informed defendants,
that the
notes had been taken by them in the race week, but that
it was impossible for them to say from whom they had
taken them ; they denied all knowledge of the,loo/.; they
said they did not know Ooodridge, nor did they believe
they had pain the note to him.
Cross-examined.—The defendants made no difficulty in
stating all they knew about the notes, and showed witness
the book in which the entries had been made.
Sum. Taunton, a police-otlicer, recollected receiving the
handbills, offering the reward, from the plaintiffs in 1824;
delivered some of the bills to each of the banking-houses
at Doncaster, on Monday, the 24th Sept.,
which was the
first day of the races.
Once on the part of the plaintiffs,
that Mr.th
a right to throw on others, a loss
and thaeStr°eththezacydrrhi:)edße-nGnnoKte47lll4l' f"
the
defendants,
contended
that might be fairly attributed to their own want of care ;
but that, even if the July thoughtil that the plaintiffs had tiseo
every possible diligence, still t ey would have to be satisfied
that the notes being found in the possession of the defend-
ants, had been taken by them without having used that
precaution which any discreet and business-like person
would have done. He submitted that his'elients had used
as much diligence as any country bankers ever did use, and
the plaintiffs ought to have renewed their notice to the de-
fendants in 1825,—Verdiet fot the pluintititi,

ADMIRALTY SESSIONS—(Tuts DAY.)

OLD BAILEY.

The verdict in the case of Captain Young was not given
till a late hour yesterday; the Jury retired for a quarter
of an hour, and returned a verdict of Not

The prisoner, who seemed extremely agitated as the
climax of his fate drew near, clasped his hands together,
and fervently exclaimed, " Thank God, so I am ;" at the
same moment a female in the gallery, supposed to be his
wife, was seized with an hysterical affection, though pre-
serving the most perfect calmness during the trial.

WILFUL MURDER.
Same/ Levy stood indicted for the wilful murder of
Thomas Tate on board the Kent, on the 23d September,
1825, in the South Sea.

Richard Christopher examined by the Court; I 'was
armourer on board the Kent, which traded in the South
Sea; the prisoner was a mariner on board; I knew Thos.
Tate, who was also a mariner; on the 19th of September,
1825, I saw Tate in the forecastle cutting tobacco, the
prisoner was facing him eating his dinner; they were
about three feet asunder; I heard a few words pass,
but I don't recollect what they were; the words appear..
ed to me to imply anger ; the prisoner got up first and
Went towards Thos. Tate, and struck him over the face;
Tate then rose, and I saw blood flow from his right side;
the deceased tried to speak but could not; I saw the pri-
soner have the knife with which he was eating his dinner
in his hand; the prisoner put his hand round the waist of
the deceased, and called out " For God's sake go for the
Doctor !" who came immediately.; the deceased was then
removed to the forecastle, and died about half an hour
after; I never heard him speak after he wus struck ; the
priioner was taken aft and put in irons.
Cross-examined by Mr. ANDREWS—I was eating my
dinner at the time this occurrence took place ; as soon as
the blood flowed the,prisoner cried out " For God's sake
send for the Doctor.'

Re-examined by the COURT—I was not looking at these
men all the time; I did not see any blows given previous
to the one in question ; but as I had not my eyes on them,
blows might pass unknown to me. I saw the mark on
Tate's eye. The dispute arose from a ladle, which was
used for taking soup out of the kid; the prisoner took the
ladle before all the people were served, so that they could
not get any. I said, "My noble chaps, that a'nt jolly,"
which implied that it was not fair. The prisoner said " I
am no chap," and I saw Levy go over to the prisoner
Tate, who lay against the wall; it was then I saw the,
mark on his eye.

Joseph Ray, examined by the Count--I was a car-
penter on board the Kent in September 1825. I was in
the forecastle on the day in question, between twelve and
one, at my dinner; I saw Tate and the prisoner there; I
heard some words between Christopher, and the prisoner;
Christopher gave it up, and Tate told the prisoner it was
very low language; the prisoner said, if he would not hold
his tongue he would not take it ;after they had used some bad
words, Tate went up for some water, and was absent about. five
or six minutes. After he had returned, be resumed his
seat, and they began to quarrel again. During all this
controversy, I did not see Tate doing any thing. The
prisoner held his knife in his hand, and said that if
the deceased did not hold his tongue, he would
strike him with his knife, and gave him a shove,
which drove his head against the bench. I saw
Tate strike the prisouer with his knife about the
waist, who warded it oil; prisoner said, if you are 'for a
knife, my boy, here is a knife, too; deceased had a knife
in his hand; as soon as he said this, he put his knife into
the right side of the deceased; this was done very quickly;
I did not hear Tate speak after that.
Cross-examined by Mr. ANDREWS-4 cannot say that
I saw all that happened, or that I heard all that was said;
I did not hear any thing about- the missionaries,. on that
day ; I did not hear Tate say " we have savages enough here

without sending missionaries to New Zealand."
By the COURT—I was not in the forecastle all the time,
so that something might have been said without my hear-