The Sun.
London, England, 1844-04-06 00:00:00

ASSIZE IN TELLIGEN CE.
2VORTHERN Cll'►CUlT.—Liverpool, April 3.

(Before Mr. Justice COLTMAN.)
AMIN AND ANOTHER V. FAITH AND OTHERS.
This was an action to recover 1561. 15s. brokerage
for obtaining a charter for the ship Taglioni, belong-
ing to the defendants, as trustees for a company,
called the London, Newcastle, and South Shields
Shipping Company.
Mr. IVatson and Mr. Cardwell appeared for the
plaintiffs, and Mr. Martin and Mr. Sergeant Murphy
for the defendants.

It appeared from the evidence of Mr. Willis, of
the firm of Chaprnen and Willis, brokers, of this
town, that in the year 1840, they were general
agents and brokers at Liverpool for the company in
question. The defendants were trustees of the com-
pany, and had acted as such at several general meet-
ings. Among other vessels which Chapman and
Willis had under their care for the company was the
ship Taglioni, for which in August, 1840, they sought
to obtain a freight. For this purpose they applied, as
Mr. Willis stated, to Aikin, the plaintiff, who finally
obtained a customer for the ship, in a person of the
name of Boggs, and she was finally chartered for a
voyage to Calcutta and back at 91. 10s. per ton.
This oiler was communicated by Chapman and Willis
to Mr. Edgely, the. Secretary of the Company at
London. It was approved of. On August 28, the
charter-party was executed through Aikin and Co.,
and on. the '29th a copy of the same was forwarded by
Chapman and Willis to Edgely. On this copy the
words " James Aikin and Son, brokers," were printed
at the top of the . page. The receipt of this was ac-
knowledged by Edgely, for the company. The vessel
did not sail on the proposed voyage for some time
after, and in the interval was sold absolutely to Boggs
the charterer, so that she never actually carried any
freight under the charter-party. It appeared, how-
ever, from the statement of Mr. Wilds, and other
persons who were called, that the right of the broker
to his commission accrued immediately on the execu-
tion of the charter-party, although as a matter of
commercial practice he seldom required payment till
the freight had actually been carried. Under these
circumstances, no claim was made by Aikin on the
company until the 31st of August, 1843, in which
interval Boggs, the purchaser of the Tagqoni, had
become bankrupt. About that date Mr. Edgely, as
secretary, received a letter from Aikin and Co., say-
ing that their mutual friends, Chapman and Willis,
had been in communication with him (Edgely)
on the subject of the commission for the Taglioni,
and requesting that it might be settled, as it had
been long due. To that they received a reply,
stating that the claim had been already made
through Chapman and Willis, and the Directors
had refused to entertain it, but that Allan's letter
would be laid before them at the next meeting.
Some further correspondence then took place between
the parties, in the course of which Mr. Edgely, for.
the trustees, stated their determination to resist the
claim; and alleging that it should be made on Boggs,
the purchaser of the vessel. Subsequently, however,
Edgely proposed, to avoid litigation, that the plaintiffs
should accept half the brokerage (namely, 781.75. 6d.),
stating that Chapman and Willis had 'consented to
abandon the other half, to which, by the practice of
the trade, they were entitled. 'lbis gave 'rise to a
correspondence between Chapman and Willis and
Mr. Elgely, the former denying that they had made
any such offer, but . admitting that they had agreed,
as the case was somewhat hard, to be content with
one half of the gross' amount of commission paid to
Aikin, whatever that might be. Mr. Willis and
several other witneses were examined, as to the prac-
tice in Liverpool as to brokerage, and stated it to be,
that when there was a broker for the ship, and a
broker also for the merchant chartering the vessel,
that the two brokers_ divided the gross amount of
commission between. them. It appeared also to be
usual for the broker through whose hands the freight,
when carried, first passed, to deduct the whole com-
mission from the freight before he paid the freight
over, carrying a moiety tei the credit of the second.
broker.
It appeared, from the cross-examination of Mr.
Willis, that he expected to receive one-half of the
commission Which the plaintiffs might recover in the
present action. He stated that a person named
Walters, a
.partner..in the London, Newcastle, and
and Shields Shipping Company, resided at Liverpool,
and was an agent for the company in the general out-
fitting of their ships. Chapman and Willis were
general agents, and also brokers. In the present case
they acted as agents for the company, and
employed Aikin and Co. as the brokers to procure a
freight for the ship. He admitted that the plaintiffs
had stated to him some short time ago, that when the
vessel was sold to Boggs, Waltees had told Aikin he
was to look to Boggs for the commission.
Mr. MARTIN then addressed the jury, contending
that it was perfectly understood between the parties
that Boggs was the party to whom they were to look
for the commission. He submitted also, as a point of
law, that there was no privity of contract between the
plaintiffs and, defendants—that they had employed
Chapman and Willis as their brokers, and were liable
to them if to anybody. He also called Edgely, to
show that, in other dealings of a similar nature with
the company, no claim had been made by the plaintiff's
Mr. WATSON replied, and the case being summed
up, the jury returned a verdict for the plaintiff's for
be full amount claimed-1561. 15s.

CHESTER; April 3.
(Before Mr. Justice. MAuLE.)
James Leigh was indicted for cutting and wound—
ing Ann Leigh,
.his wife, at Altrincham, with intent
to murder her. Ile was also indicted on . a second
count with wounding, with intent to do some grievous
bodily harm, and upon a third count, with a common
Alsault. The prisoner pleaded " Not guilty."'
Ann Leigh, the wife of the prisoner,-deposed to
having beensnarried six months tothe prisoner. On
the 4th of January her husband' came :home to his
dinner. She was then ill,. an,l- had raised her head
up against thornabtel;piecp. He said, when he came
in, " Where is my dinneir .She replied, " Whr,
Jem, don't begin mithering me, lam poorly." She
§aid, " Get thee some bread aid butter for once."
He went into the pantry to get some, and then went
next 'door. She was reared up against: the mantel-
piece, when .the prisoner returned, but'did not speak,
and went to a tablp-drawer, and then came behind
her and held up her head with'' his left hand,alin'cut
her throat with the 'She then sprang from.,
herchair, and screamed " Murder ! murder !" She
attempted toget up, and he then knocked her down
on her 'face. He- then throttled' her,- cut her again,
and cut her thumb and forefingErto the bone: He
kicked her afterwards in the side, and the prosecutrix
then said, " Dear Je'rn, let me be." She then got
up and threw herself "into the ,arms of a woman;-one
of the witnesses. The prisoner said, " I will tell,
them,thou hast done it thyself." -Some person then
came to the door; but the priioner pushed the, door in
his face.

,
Cross-examined by Mr.' TowlisEND--That was
when she was on-the.floor.' It.-.was a severe cut on
her side. .
Elizabeth Gorton remembered seeing the- -prisoner
at halt'-past twelve o'clock coming into the -house with
bread and butter. He then said. he was obliged to
get a little bread - and butter for his dinner. He
asked whether his wife had said anything ..about
having been out--with a gentleman. She said she had.
She told him it was a pity he • had not more sense
than get such things in his head. The prisoner on
being taxed said he had nothing to do with it. IVit-
ness went into the yard, and saw everything confused,
and Ann Leigh sitting on a chair, her clothes all
bloody, but could not stand to look at- her, and went
back.
Elizabeth Warburton deposed to looking. through
the window, and seeing the prosecutrix on the floor,.
and the. prisoner standing beside her.. As soon as he
-saw her, he (the prisoner) said, " She has cut her
ownthroat." She-put her hands on witness's shoulder
and said, "He has done it himself." Mrs. Gould
then came up, and put a pocket handkerchief on her
throat; and she took my apron and put it round her
neck.
Margaret Gould—Was a neighbour.- She heard
cries, and was very much alarine 1. She attempted to.
go out, but, in conseqUenceofsome little altercation with
her husband, desisted for a time ; she afterwards went
out, and looking into the window, saw the prisoner
and Ann Leigh, who then rushed out,' and: fell
into her arms. Her face was a complete. .purple,
and her eyes starting out of their sockets, as -if by
pressure. There were marks of three bloody fingers
upon her neck, and the flesh was torn down .or
stretched. There was also a large cut on-each'side
of the throat, and she took .her handkerehief and
bound them up. She repeatedly said, "He's done it;
he's done it ;" and his arms half-way up s ere clotted
with blood: She said, "You villain;-yOu-have mur-
dered her." He " ay, she's done it herself."
Ann Leigh then said, " Oh' no, he did it, he did it."
She then had a cap on, and her hair ,N..as dishevelled
I and clotted With blood. ..„

Cross-examined by Mr. TowNsExn--1% as in the
theatrical profession, and had played leading parts in
tragedies. The prosecutrix said a hundred tim"es that
the prisoner had done it. She,.repeated that it was.
not a figure of speech, and that he was bathed half
the way up. the arm in blood:-
Several 'witnesces were called by Mr. Townsend,
the counsel for the prisoner, to prove that the prose-
Cutrix was of a violent and ungovernable temper, but
not one of them could prove-anythirg. very important.
Mr. John Pow nall, surgeon, was then called, who
said he was called to the prosecutrix about one o'clock,
and found her sitting in.U:chair, with both her hands
lifted up to her throat. She was then very weak, and
her complexion was exceedingly pale. Be found two
wounds on either side of the throat, under the jaw-
bone, more than an inch in length, and a quarter of
an inch in depth.. They were incised wounds, and
effected by some sharp instrument. Saw also a
wound on the left che4 and left eye ; one wound