The Sun.
London, England, 1827-10-12 00:00:00

LAW INTELLTGENCX.-(TINS DAY.)

COURT OF COMMON PLEAS.

(London. Adjourned Sittings, before the Loan CLITEF
Juvrics: anti s. Common Jury.)
His Lordship sat to-day in the Old Court of
King's Bench.
[Several causes which were little more than writs of
enquiry, were disposed of at the setting of the Court.
EDGARD v. WATSON, which excited considerable in-
terest in the musical world, %vas referred by the
parties.]
IMPORTANT DECISION.

BATHEWS V. GALENO.
This was an action upon a Bill of Exchange, for
the amount, of 11/.

Mr. Sergeant WILDE appeared for tire plaintiff.
Mr. Sergeant LAWES, for the defendant, said that
the main defence to this action was usury, and
usury too of the worst description. He said,
the circumstances out of which the transaction arose,
were shortly these, the defendant sent a child to a
school kept by Macauly, the drawer of the bill, which
was given for the amount of a half year's board and
tuition. When the bill became due, Mr. Galeno
applied to Macauly for a further extension of time,
and actually gave one pound for that indulgence. On
a second application for time, he was told by Macauly
that his bill was in the hands of Bathews, the present
plaintiff. Galeno accordingly had recourse to him,
and it was ultimately agreed that the defendant
should give Bathews a discount of 2/. for an addi-
tional indulgence of one month. The defendant
had thus given to Macauly, the drawer of the bill,
1001. per cent. interest, and to the plaintiff he had
actually paid 2001. per cent.
The Learned Sergeant then called Mrs. Jaker in
support of his statement.
Cross-examined by Mr. Sergeant WILDE—I ge-
nerally go by the name of Galeno. Mr. Galeno is
not married; he has children; the age of his young-
est child is two years, and of his eldest, four and a
half. I am the mother of these children ; I have
been under Mr: Galeno's protection for about six
years.
The LORD CHIEF JUSTICE thought the 'evidence
of this lady could not be received. A married
man could not call his wife as a witness on his
,behalf, and it would be anomalous indeed, to
allow a man living in a sinful state to be in a better
condition, than if he were married. " I am not aware
(continued his Lordship) that the point has ever
been directly decided. The great difficulty here is,
that we have the evidence of the fact from the wo-
man herself. Get other proof, and I shall at once
decide that this woman is not a competent witness.
At the same time I must say that I would not have
permitted her to criminate herself, had I the slightest
suspicion that she was going to admit her connection
with the defendant."

Mr. Sergeant WILDE then called the defendant's
solicitor, but although he was examined at great
length, nothing tangible could be elicited from him.
He had been often at the defendant's house; had
dined with him ; he had seen Mrs. Jaker' in Mr.
Galeno's bed-room whilst he was sick, but there
was nothing in their conduct which led him to con-
clude that she was the mother of Galeno's children;
he saw her speaking to the children, but not caress-
ing them after the fashion of a mother.
The Learned Sergeant then had recourse to
Mr. Orchard, the plaintiff 's solicitor, and was more
fortunate. That gentleman proved that he had
seen the lady walking with the defendant in Wil-
mington-square; they were accompanied by a child,
which the defendant called his. Other circum-
stances occurred which proved that Mrs. Jaker was
its mother.

Mr. Sergeant LA` ES cross-examined the witness,
without beink able to remove the impression which
his direct examination was calculated to make.
The LORD CHIEF JUSTICE then left it to the
Jury to say, whether they believed that Mrs. Jaker
was " under the protection" of the defendant : in
considering that point, they must altogether dismiss
from their minds Mrs. Jaker's own admission. His
Lordship added, that Lord Kenyon had refused to
receive the evidence of a woman so circumstanced
in favour of her paSunour's life. Was it not equally
proper to reject her evidence when offered respect-
ing his property, which she was to share with him.
The Aim( were of opinion, that Mrs. Jaker was
living criminally with the defendant, and therefore,
found their verdict for the plaintiff.
Mr. Sergeant LAwßs applied to his Lordship to
reserve the point for the consideration of the Court;
this would save expense to the parties, who were
very poor.

The LORD CHIEF JUSTICE—I shall do no suel
thing. It would be quite different, if I bad in 3
doubt upon the point. Lord Kenyon did not doub
it—why should I doubt it ?.

IMPERIAL BRAZILIAN MINING
COMPANY.-(THIS DAY.)

An adjourned meeting of the Proprietors of the above
Company was held this day at the London Tavern, JOSHUA
WiLicEs, Esq. M.P. in the Chair. _

The business commenced by the Secretary reading the
notice for the present meeting, which wi.s au adjournment
of the half-yearly meeting, for the purpose of taking the
sense of the Proprietors as to ti.e expediency of accepting
a dividend of 1/. 10s. per share on the present occasion,
or waiting until further remittances of gold were received
from Rio Janeiro, which are daily expected.
The CHAIRMAN then read the half-yearly Report, which
was read at the last meeting. It stated that the King of
Mexico had recognised the right of the Company to three
of the most valuable gold mines. From those mines
1,214 lbs. weight of gold had been extracted, of which
246 lbs. bad been received by his Majesty's ship Waripite,
and 154 lbs. by his Majesty's ship Eclair. These two
remittances produced about 18,0001., and a much larger
remittance was daily expected. The Report concluded by
the- recommendation of the Directors that a dividend of
1/. 10s. per share should be now made.
Extracts were then read from communications lately re-
ceived from the servants of the Association in South Ame-
rica, which were of a most favourable character.
Mr. CAMPBELL said, that the Report of the Meeting
was calculated to satisfy the expectations of every reasonable
mind. He therefore proposed that the Report be received,
and that the dividend of 6/. 108. be now made, according
to the recommendation of the Directors. He understood
that if the expected remittances were received before the
Share-
holders w
appointed otnteidd
rfeoceeitvbee payment of the dividend, the Share-
The CHAIRMAN signified that the intention of the Di-
rectors was stated by the Hon. Proprietor.
Mr. GIBSON then seconded the Resolution, which passed
unanimously.
A PROPRIETOR said, there was one subject on which
he conceived it most important, that he, as well as
the public, should receive some information. It was.
stated in the House of Commons last Session by a
Member of Parliament, who took a great interest hi
the abolition of the slave-trade, that the wines of the
Association were all worked by slave labour. Now
his inquiry simply was, if the circumstances they stated
were really the fact?
The CHAIRMAN after conferring with sow:e of the
Directors, inquired whether it was the wish of the Meeting
that he should answer the question put by the Proprietor.
—(Many voices called out, " no, no.")—The Chairman
said, that as it seemed to be against the feeling of the Pro-
prietore, he should not answer the question.
The PROPRIETOR said, that the question he asked we,
one so simple in its nature, that it admitted of no evasion.
It was extraordinary that there should be any reluctance
to answer it ; and whatever might be the feeling of th.,
Meeting, he considered an answer was doe to him as
Proprietor.
.. •

GIBSON said, that no doubt any of the lion. Di-
rectors could answer the Proprietor's question ; but ver)
likely the answer would be misunderstood in a large Meet-
ing like the present. But it was a sufficient rea-
son that the sense of the Meeting was against
answering the question ; and he hoped that th,
refusal to answer it would riot be improperly construed.
lie concluded by moving the thanks of the Proprietors t 4.
the Chairman and Board of Direetots, which passed mut
nimously.
The CHAIRMAN, then returned thanks, and the asset
ing adjourned.

The French College of Physicians have lately
decided that the cause of ladies' teeth decaying at so mueii
earlier a stage of life than those of the opposite" sex, is the
great friction of the tongue upon them.