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London, England, 1829-05-30 00:00:00

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LA INTELLIGEN •
.
'COURT OF COMMON PLEAS, *Ay 29.
Mr. Justice GASIMIZ sat for a few minutes this
morning, to hen motions of course. after which, the
attendance of the Judges being requited in the House
of Lords, the Court adjourned to ten o'clock to-morrow.
ARCHES COURT, MAT 29.
THE 0111 CZ OP THE JUDGE PS01401'11) DT DOROOTHZ

AGAINST PRIE.
Dr.LUSHINGTON and Dr. DODSON were beard in op-
position to the emptiest allegation brought io by the
defendant in this case, as he had been *signed to do
list Court-day. The Learned Counsel objected to its
admission on the score of its irregularity, and because
it contained impertinent and scandalous matter, reflect-
ing upon parties not before the Court.
Dr. Free addressed the Court in support of his alle-
gation, in a speech lull of invective and irrelevant ob-
servation, complaining that he was persecuted by his
opponents because he had prayed for the late Queen,
which be did from religions, not political motives.
Sir J. NICHOLL rejected the allegation, which, like
the speech with which it had been supported, was irre-
gular. With respect to the affidavit produced in aid of
and the interrogatories proposed to be put to the
promoter of the suit, be should order them to be deli-
vered out of the registry. He should assign the case for
inforination and sentence on the first day of neat Term,
and he admonished the defendant to appear on that day.
Dr. Free said, that after the'dianner in which he bad
been treated, he did not know that it was of any use to
bins to attend further.
Sir J. bhcuou.—You can do as you please in that
tespect. Sir.

PALACE COURT, MAT an.
ARMIN 0. HAMPTON.
The plaintiff, who was an attorney, conducted his
own case. He said this was an action brought by him
to recover 41.8 x. 6d. being the balance* of his bill of
professional Bl. 13s. 6d. for professional assistanceassistance in prosecuting an
action agan?t a person named Fellowes. He (the plain-
tiff) had received 41. 103, but not being able to obtain a
settlement, be seed the defendant, when it was found
that he had not delivered his bill of costs a month before
bringing the action. consequently that suit was dropped,
and at the proper time he brought this action, to which
. he understood the defence was, that instead of 41.10..
only having been paid, the defendant had paid 81.; all
he (the plaintiff) could say, and which he would be able
to prove, was, that only the smaller sum bad been te-
. ceived by him, and it would be for the defendant to
show be had paid more.
Mr. Richard Arden, brother to the plaintiff, proved
the business to have been done for the defendant, that
the chprges in the bill were fair and reasonable, and
that he (the witness) had received 41. 10s. and no more
friins the defendant. He and the defendant had also
examined the cash book in the office, and found no more
than 41. 10s. entered.
Cross-examined by Mr. FLANAGAN—The defendant
hid said to witness that be had paid more, but he re-
fined to give the dates or the sums. The bill of costs
had not been taxed.
Two cleilujn,the plaintiff's employ gave similar tes-
timony.
Mr. FLALIAGAN• thee addressed the Jury on behalf
of the delendant. He, said• he aptroached this case
with snore than ordinary feelings, seeing that the
plaintiff and his brother were two attornies of this
floe' rt. At might be called, indeed, a moral case, for
the question would turn upon which of the parties
should be credited, he being in a condition to prove
that. Bl. wa. paid at the office of the plaintiff. He ka w
the high honour and integrity that belonged to a part
of the profession, but he also knew that some portion
might be otherwise designated. It was not for him to
presume on entering into the feeling, of the plaintiff,.
but that plaintiff came for ward to sue the most miserable
man ever brought before a Court of Justice,and brought
hisist other as one of his most powerful witnesses. It
would in his (Mr. Flanagan's) opinion have been better,
and more creditable to Mr. Arden, if he had done with.
out-that witness; but doubtless Mr. Arden had had
reasons sufficient to bear him through that difficulty. One
part of his argument was to contend that Mr.Arder. s bill
was excessive. (The Learned Judge here interrupted Mr.
F. and said that the proper tribunal as to the items of
the bill was the olbcer of the Court). The Learned
Counsel said, he was placed in this difficulty by the law
of the land ; he flattered himself he could have urged
that point, and be was of the same opinion still; fur he
was satisfied the Jury were clothed with sufficient power,
and that theOcould exercise their judgment as to the
reasonableness of the charges. The Learned Counsel
called most earnestly on the Jury, if he should succeed
in.proving that 81. bad been paid, to lop off the 18s. 6d.
and rescue the defendant from these two penetrating
attornies.
Jane Paradise stated that she was co nits to the de.
fondant ; that Mr. Arden was prosectring an action for
him in the early part of last year. Mr. Arden wrote to
her fora and her cousin being out, she took him 11. 10s.
Richard Arden said that• would not do, for be could not
carry the action into Cour t for the paltry sum of 31.105.
thereby intimating. as the understood, theta had been
before .paid. When her cousin returned home, they
wenettgether, and paid 44.105. snaking in all 8/. The
plaintiff's• brother afterwards disputed receiving the
S 1 10s. but admitted that he might be mistaken as to
the 21.. and asked her if she would swear she paid the
11. 10s. She said she would, and the following Wed-
nesday wan appointed- for her to make her affidavit.—
She went on the Wednesday, when he said, that as she
seemed very correct, he would not give her th.e trouble
of making an affidavit; and that, it the defendant paid
11. Bs. more. that would settle all. The defendant did
not pay the 11.8 s. and never heard any thing more until
be was served with a copy of a writ.
Mr, Arden addressed the Jury in reply, and with
some warmth rebutted the insinuations which .he con-
ceived had been cast upon bias by Mr. Flanagan, as it
neither came within the scope of the duty of an atter).
catew nor wash decent or gentlemanly, to cast such int-
polo:ions. owe . him. (deo Mr. Flanagan left the
Court).: He had been in Constant communication with
Mr. Flanagan upon professional business until within
the last week,and hie want of temper and decency had
arisen from private feelings alone.. Mr. Arden con-
cluded a lung and ingeniouaispeech by declaring, that
no more than 44 10s. bad gone into his pocket or paid
to any. person. in his employ, and called on the Jury 'to
give him a verdict for 41. 86.6 d.
The. Junos.bafring summed up, die Jory, after 'a
long consubstioo„, returned a verdict for the plaintiff
toe lir 18s. 6d. •
A general market, oieniPlerittiiiiiive scale, is about to
be established in the northern part of the large parish of
Mary-la-bonne. The,site fixed upon is a large piece of•
waste ground between Lisson-grove and the Edgware-
road. This improvement mast be a real and substan-
tial addition to the conifer ten' that pert of the Metro-
pods, in enabling them teitrroeate the necessaries and-
!etudes of life HOTOWIGLiI rillOAPet rete•tbairtheyAftve'
Maseru, tiOne,allt tangled *fresher ***better gestbty.