The Sun.
London, England, 1827-10-27 00:00:00

COURT OF CONSCIENCE.

A case of no small importance to families, and to
the character of this Court, in its extensive influence
over the lower orders, was tried at Kingsgate-street,
on Thursday. Martha Merritt, a servant, summoned
her master, Mr. Williams, for her full wages, he
having deducted one guinea, on the ground of her
leaving his.service before the expiration of a month,
an agreement existing of " a month's warning, or a
month's wages." The plaintiff urged first, that she
had given warning on account of the defendant's
using certain specified .terms of abuse ; secondly,
that she had then remained a fortnight, rather than
by going subject the family to inconvenience; and
thirdly, that she at length left the house, upon the
consent of the defendant, conveyed to her by his
daughter, and upon the express consent of his sister,
her mistress. _ _ _

In reply, the defendant stated, on oath, that the
servant had not given warning at all, but had been
dismissed for petty dishonesty, immodesty, and gene-
ral impropriety.
The daughter, a young lady of 18, had never
conveyed any such consent upon the part of her fa-
ther; and lastly, the defendant's sister, an elderly
lady, had never given the plaintiff any permission as
pretended by her. The defendant, therefore, sub-
mitted that the plaintiff had perjured herself upon
the four points; but finding the Court inclined to-
wards her case, he addressed the Jury upon the
gross improbability of her story.
Mr. DUBOIS (the Judge).—We don't deal here
with probabilities, we deal with facts. Defendant.
—But very often probabilities form a better evidence
than diiect testimony.
Mr. Dunots.—The plaintiff has sworn to her case.
Defendant.—But, independent of the improbability
of her story, there are three persons on oath who
contradict her. I will now prove her to be un-
worthy of, credit; I will prove her to be dishonest,
and— _ _ .

Mr. DUBOIS--We can't set off theft against a de-
mand for wages. Defendant—No; but you can
take it in evidence upon a point of character.
The mistress now deposed, at the desire of the
Court, to specific facts of the plaintiff's profligate
want of veracity.
Mr. DUBOiS—Such lies as those l think nothing
of. Defendant,--Let me tell yciu, Sir, that I think
a great deal of such lies ; and is it decorous in a
Judge upon the Bench to state before the lower or-
tiers, that he thinks nothing of lies, and lies told to
obtain a .pecuniary advantage ?
The Jury, on the charge of the Judge, pronounced
that the servant, having stayed one-half the month,
should forfeit only half the month's wages.
At the breaking up of the Court, the- defendant
stated that a warrant had been served upon him to
pay the amount of the verdict. He wished to move
to set aside that verdict, on the ground of the mis-
direction of the Judge to the Jury.
Mr. Dußois--By the Act of Parliament, our de-
cision admits of no reconsideration. Defendant—
For which reason you ought to be more cautious in
your decisions.
Mr. Dußois—We never rescind or reconsider
the verdict given. Defendant—l beg your pardon,
Sir, I know to the contrary; some years ago a case
of wages was given against me. I exposed the casein
The Times, and other newspapers, and I personally
laid charges against yourself before the county clerk,
Mr. Heath ; who so far protected me, that the Court
has never demanded of me the amount of your judg-
ment, but has paid the plaintiff at its own loss.
Mr. DUBOIS—I see no reason, in the present in-
stance, for disturbing the verdict. Defendant—Nor
did you in the case I have just cited, yet my com-
plaints against you procured me redress.
Mr. DUBOIS.—I left the case to the Jury. De-
fendant.—But the Jury, instead of consisting of 12,
is reduced by the arbitrary practice of the court to
three persons. They are chosen out of an extremely
low and illiterate class, and stand much in need of
the direction of the Judges, and• it is on the ground
of your misdirection that I move for a new trial.
A Juryman.—We are very much obliged to you,
Sir, for the compliment you have paid us. De-
fendant.—You richly deserve it. Mr. Dubois, when
can I lay my complaint before the county clerk ?
Mr. Duuots.—Mr. Heath is out of town. De-
fendant.—But when will he be in town, for the war-
rant is peremptory on my paying the money on Wed-
nesday next.
.Mr. Dunots.—Probably next week. Defendant.
—Then I expect your warrant to be stayed until Mr.
Heath performs his public duty, in hearing my com-
plaint against you as his deputy.
No answer was given, and the defendant withdrew.

GUTTING OYSTERS.—Sheridan has immor-
talized oysters that are crossed in love, but till the follow-
ing crossed us, we never recollect to have heard any thing
half so cross as this anecdote of the simplicity of a raw
Pat, who had just been transplanted from the interior of
Ireland to Dublin. Pat had been sent by his master to
purchase half a bushel of oysters,. to the quay, but was
absent so long, that apprehensions were entertained for his
safety. He returned at last, however, puffing under his
load, in the most musical style. " Where the. devil have
you been ?" exclaimed his master. " Where have I been ?
why where would Ibe but to fetch oysters ?" " And
w hat, in the name of St. Patrick, kept you so long ?"
" Long ! by my sowl I think I've-been pretty quick, con-
sidering all things." " Considering what things ?" " Con-
sidering what things? why, considering the gutting of the
fish, to be sure !" " Gutting what fish ?" " What fish ?
why, blur-an-owns, the oysters to be sure !" " What do
you mean ?" " What do I mane ? why, I mane, that as
I was resting myself down forenenst the Pickled Herring,
and having a drop to comfort • me, a jontleman axed me
what I'd got in the sack?-..' Oysters,' says I. Let's
look at them,' says he ; and be opens the bag. Och !
thunder and pratie,' says he, who sowid you these ?" It
was Mick Carney, says I, aboard the Powl Doodie smack,'
Mick Carney, the thief o the world !' says he ; what a
blackguard he must be to give them to you without gut-
ting." And ar'nt they gutted ?' says I. ' Devil o' one
of them,' says he. Musha, then,' says I, what will I
do ?" Do,' says he, I'd sooner do it for you myself,
than have you abused ; and he takes 'em in doors, and guts
'em ngte and lane, as:you'll see," opening, at the same
time, his bag of oyster-shells, which was as empty as the
.head that bore them to the house. If we had not this
from an Irish paper, we should venture to doubt- its attar
thentivity.