The Sun.
London, England, 1845-02-11 00:00:00

COMMON PLEAS.-(THIS DAY.)

lIANSON V. WIIITFIELIS,
This was an action upon bills of exchange and promissory
notes accepted by the tirother-in-law of the defendant in the
name of the latter, and on his alleged authority. The only
question in the case is, had the defendant given such autho-
rity, which in his pleas he now denies.

EXCHEQUER _(THIS DAY.)
(Sittings at Nisi Prius before the LORD CIHEF BARON and a
• Middlesex Special Jury.)
THE ATTORNEY-GENERAL V. FOSTER.
This was an information filed by the Attorney-General
against the defendant for the recovery of penalties he was al-
leged to have incurred for having in his possession goods
wifich lie had unshipped without payment of duty. The
Solicitor-General, Mr. Jarvis, and Mr. Wilde, were Counsel
for the Crown • Sir Thomas Wilde, Mr. Cockburn, Mr. Hum-
frey, and Mr. Aspland, appeared for the defence.
The 'goods in respect of which this information had been
filed arrived by the steamer Harlequin, on the 14th of Fe-
bruary, 1842, and were contained in a case marked F. p. 37,
of which the rotation numbered was 837. The capacity of
the case inside was 18 5-12 cubic feet, and the goods were
311 b. 12oz. of plain silk, 16 shawls, 2 dozen shawl handker.-
chiefs, and lqr. 151 b. of pasteboard, all of which could be
placed within a space of 5 feet, leaving 13 feet 5-12ths un-
occupied. The value of the goods which might have been
held, after the necessary allowances, was 8961., for which, as
a single value, the Crown now sued. Defendant is the part-.
ner of Mr. Porter, with whom he carried on the business of
warehouseman in Wood-street, Cheapside. We have already
reported the case against Porter, and a reference to it will
show the precise manner in which the fraud was conducted.
Noble, the clerk of the defendant, declared the right, and
with the assistance of Arthur Berries, the landing-waiter at
the Queen's warehouse, procured the delivery of the goods.
Sir T. WILDE tendered a bill of exceptions to the admissi-
bilityof Berners' evidence against defendant, and to the Lord
Chief Baron's summing up this case, as lie had done that of
Porter.

_ .
It had been arranged that the one case should decide the
other, on being argued in full Court.
After some further discussion, a verdict was taken for the
Crown by consent, in the single value of 8961.

CACNT r. BYERS.
This was an action brought by Caunt, the celebrated
pugilist, against the defendant, a publican in Marylebone, to
recover the sum of 5/., given to the defendant under the cir-
cumstances detailed below.

Mr. Knowles'appeared for the plaintiff, and Mr. Jervis for
the defendant.

A fight was appointed to take place on the 19th of October
last, between two men of the names of Jones and
Lawler. It was to be a fight for 5/., or as much
more as might be agreed upon or could be ob-
tained, the money being subscribed by different parties.
The last deposit having been made, Caunt and Byers tossed
up to decide who should be stakeholder. The defendant won
the toss, whereupon the plaintiff handed over to him the Si.
The fight came off on the 19th of October, at Greenhithe,
and terminated in a wrangle. The plaintiff then gave notice
to the defendant not to pay the money, stating that if he
did so, he should s.:e him for the amount. Notwith-
, standing this notice, the defendant paid the money
over. In the month of December, an attorney's clerk
waited upon him with a letter, demanding the
amount, on which occasion the defendant said he did aot
wish to keep Caunt out of his money, and if he would come
to him he would pay him over a bottle of wine. The money
was not paid, and hence the present action was brought.
Witnesses were called who proved the payment of the
money.
Mr. JERvis, on behalf of the defendant, contended that the
as either part of the stake, or
the money could not be re-
covered. It must be regarded
could not succeed. one,a
a transaction
wager
up
on being
a n a
illegaln illegal
aot
;d in either view the plaintiff
Mr. KNowt.F.s cited several cases to show that similar
actions had been entertained, and that the plaintiff had, in
fact, recovered.
The LORD CHIEF BARON said the jury could not enter
into the fighting part of the case. The question really was,
whether the money was the plaintiff's or not. The agree-
ment would certainly lead to the inference that the money
was handed over by Caunt to Byers, in the character of
stakeholder ; and if the jury were satisfied of that, Caunt had
no more right to recover the money, not being his except as
a stakeholder, than any other person in the kingdom,
Verdict for the defendant.

INSOLVENT COURT-(THIS DAY)
(Before the Learned CHIEF COMMISSIONER.)
IN RE CHARLES CRICKMAY.
This insolvent had been heard before Mr. Commissioner
Harris, on Friday last, when it appeared that a distress had
been put in upon his premises, and a large quantity of
musket-stocks were seized. These goods were valued by the
distraining broker at 61., but upon being sold upwards of 201.
was realised for them.
The Learned COMMISSIONER expressed his surprise at the
extraordinary and unaccountable difference between the sum
placed upon the property by the broker and that realised by
public sale. The rent was 4/. 155., and the expenses of the
distress 21. Is. 6d., making altogether 61. 16s. Gd., the differ..
ence between which and the 201. he (the broker) retained,
as he did not know to whoni it was to be paid.
Mr. Commissioner HARRIS, with much warmth, said the
broker ought to have at once paid the balance into Court.
Upon the case being called on to-day, it was stated that
the broker had not as yet paid the money into Court.
The COURT anounced its intention of adopting the most
stringent measures for the punishment of such neglect and
contempt; and ordered the case to stand adjourned for this
purpose. •
The insolvent, 'upon being removed back to prison, com-
plained loudly at the hardships he suffered owing to the ne-
glect and dishonesty of the broker.

MIDDLtSEX SESSIONS.
(THIS DAY.)
(Before the AssisTANT-JUDGE and a full Bench of Magis-
trates.)
The Adjourned General Sessions for the county of Middle-
sex commenced this morning, at ten o'clock, in the Court-
house, Clerkenwell-green.
The calendar contains the names of upwards of 100 pri-
soners, of whom 85 were charged with the commission of
felony, the remainder being cases of assault and misde-
meanour.
The Learned ASSISTANT JUDGE briefly addressed the
Grand Jary.
Charles Appleyard, a lad about 17 years of age, was in..
dieted for stealing four half-crowns and a quantity of copper
moneys, the property of James Abel, his employer.
It appeared that the prisoner, whose family and con-
nexions were very respectable, had entered the prosecutor's
service about two years ago, and, up to a day or two before
the commission of the robbery, the highest opinion was enter-
tained of his honesty. At length various sums of money being
missed from the till, suspicion fell upon the prisoner, and
some money was marked and placed in the shop drawer. In
an hour afterwards, upon searching the prisoner, the moneys
named in the indictment were found upon him, each coin
bearing the private mark which had been placed upon it by
the prosecutor.
The jury at once returned a verdict of Guilty, and the
wt
tflei ehl
ahrids
labour,positi inoffocuorrrneicotniotlnis: imprisonment,
Court sentenced the prisoner, who wept bitterly, and seemed
acutely,tl Douse of

GUILDHALL.—(THIS DAY.)
Edward Start, a shabbilly dressed, unhappy-looking young
man, was brought up on remand, charged with having ob-
tained several shawls and a piece of silk, value 13/. 6s. 61/.,d.,
from Messrs. Bradbury and Co., wholesale warehousemen,by
means of false orders, purporting to be signed by J. Bird,
silk-mercer, of the Commercial-road.
It appeared that, in the latter end of. December last, the
prisoner presented the orders in question, and the articles
were supplied to him in the belief that he was sent by Mr.
Bird, who dealt with the house, and who was in the habit of
settling his account monthly, but who disclaimed all knowledge
of the prisoner, stating that he had never to the best of his re-
collection seen him before. When the goods were supplied to
him by Messrs. Bradburv's warehouseman, he stated that his
name was Scott. On the sth of this month one of the young
men who had supplied him with the articles, met the pri-
soner in the Whitechapel-road, and gave him into custody.
The depositions of the witnesses ,having been taken, pre-
vious to committing the prisoner for trial,
Mr. Humphreys,the solicitor, stated that he was instructed
to prefer a charge against the prisoner by Messrs. Morrison
and Dillon, of Fore-street. He stated that, in April, 1843, the
prisoner was convicted, at Reading, of obtaining goods from
a Mr. Hutchinson by false pretences, and was sentenced to
two years' imprisonment. Before that time, however, he had
obtained, by similar means, a quantity of property from