Star.
London, England, 1829-04-15 00:00:00

LAW INTELLIGENCE.

.GOV=T OF CHAN.CERY, Aran. 14. -
MANORS V. Milt.
. Mr. AGAR (With whom was Mr. GIRDSI3IIOIII4 jun.)
moved to have an injunction, which had been granted
in this case, dissolved, and an order which had been
made, for a commission to examine witnesses abroad,
discharged. The defendant in this suit had been en-
gaged by the Potosi Mining Company, of which the
plaintiff was a member, to superintend the operations
of their concern, under the directions of General Pa,
mission, at a salary of 1,5001. per annum. He embarked
on board a ship provided by the Company, and on his
arrival at Arica, the port to which the ship was bound,
it was discovered that there were no roads by which the,
machinery sent out by the Company could be trans.
ported to the mines. They were carried, therefore, by
mules through a circuitous route, and Mr. Fryer, acting
under the orders he had received, remained at Arica,'
during which time he received from Gen. Paroissien, as
the Company's Agent, two bills to the amount of up-
wards of 2,0001. on account. At the end of two years
he returned to England, and on requesting payment
of the balance of salary, which bad been agreed on,
and the expenses, be had been put to, amounting, toge-
ther with the bills, to 4,0001. his claim was wholly
rejected, in consequence of which he brought his ac-
tion. The present plaintiff, who was the defendant at
law, filed a bill against him in this Court, in which be
alleged tint Mr. Fryer bad neglected the duty he had,
sandertaken,• and that the failme of the concerts was at-
tributable to him ; that he had remained at Arica in-
stead of proceeding to Potosi, and that he bad possessed
. himself of sufficient property belonging to the concern
• to pay all that they had ever owed Wm. Upon the
defendant's answer, which denied these charges, and
ii.sisted that he had done all in his power to effect the
objects of the company, the present motion was made.
The Counsel contended, that unless the money claimed
by the plaintiff, and a large portion of which, as he had
received bills from General Paroissien, who was the
acc,edited agent of the company, was an ascertained
and settled account, was first brought into Court, the
Commission ought not to be directed.
The LORD CHANCILLOR said he could not concur in
that doctrine. The transactions which formed the
greater part of the defendant's case had taken place in
South Ametica. It was possible—he did not say that
there was any thing to apply that possibility to this
case—but irv..as probable that the bills might have been
• given by collusion between General Paroissien and the
defendant. lt.was clearly a case in which the plaintiff
had a right to a commission, and. his Lordship thought,
without paying the money into Court.
Mr. &HIDER, for the plaintiff, said he had been en.
gaged in all the cases arising out of transactions similar
to this, and he could assure the Court that the money
had never been ordered to be paid in as a condition
precedent tbe granting the commission.
The LORD CHANCELLOR said, he was so clearly of
that opinion, that he would not trouble the plaintiff's
Counsel to go on, and dismissed the motion with costs.

OLD BAILEY SESSIONS, APRIL 1

OLD COURT.
FORGERY.

William Carr, aged 29, described in the calendar as
a clerk. was placed at the bar, charged with uttering,
on the 15. h of November last, a forged order for the
ptyment of 971.6 r. purporting to be drawn by Messrs.
Barclay and Co. with intent to defraud Sir W. Curtis,
Bart. and others:

The prisoner is a person of most respectable appear.
ance, and was dre,sed in a very fashionable style.
William Blakesley deposed, that he was a clerk •in
the house of Sir William Curtis and Co. Mears. Bar-
clay and Co. have kept cash at the himse of Curtis and
Cr.. fir many years. The cheque now produced was
presented to him on the 3d of November last, which he
paid in three notes of 201. each, two of 101. and 171.6..
in cash. Had some suspicion the following Morning
that the cheque was a forgery, when he tried to recall
to his recollection the person that had presented it. .To
the best of his belief the phones. is the man, bat cannot
swear positively to his identity.
Mr. Frederick Barclay was a clerk to Messrs. Bar-
clays, of Trinity-lane, and was authorized by them to
draw cheques; the prisoner was in the same employ
for several years, but left in 1822; be was aware that
witness drew cheques, and of his manner of signing
them; the cheque now produced was not drawn by
him—it'veas a forgery.
Mr. Georgp Barclay proved that the cheque was hot
in the handwridog of any one belonging to their firm
authorised to draw cheques.
Several clerks in the Bank of England were ex-
amined, to eshiblish the necessary legal proof of the
notes being paid.
Williailtßrakewell was a publican at Horton ; had
known, die prisoner for some time; he lived in the
teghbourhood ; witness gave the prisoner, some time,
abourChristmes, change for two c.f the 201. notes now
proalated ; witness's son was present, and wrote the
prisoner's name upon them; he went with Mr. Cope,
the Marshalman, to Gloucester-street, where the spri.
soak, resided.
I~lr. Mackey, a publican. in Finsbory-place, took some
time in givea.ber the ten pound note now produced,
from the prisoner. He marked his own initial upon it
at the 'ime.
Mr. Cope, the Ci'y Marshal, went with Mr. Brake-
well to the prisoner's bottle ; the prisoner was just lea,-
hag home; witness stopped him and showed him a 201
note, and asked who be took it of; he said of a young
man who was on board an East India ship in the docks,
but he believed he had sailed for the East Indies-some
months; he-did not know the name of the ship, burlte
Captain's name was Sadler, and the young man who
paid him the note was named Charles Wilson; witness
then asked him if be had taken any other notes of Chas.
Wilson; he replied that he had not; witless then asked
him where Wilson lodged when in tuff ; prisoner said
in Canton-place, Commercial-road.
By Mr. CLearson,—The prisoner. at the time he was
spprehended, showed no reluctance to answer any spies.
tion; he was not aware that he bad a counting house in
the city.
D Forrester, the officer, who accompanied the last
witness, searched the prisoner's lodgings. There was a
chest of drawers in the front room, in which be found
a blank chequebook of Sir William Curtis and Co. The
one now produced was the same.
Blakesley recalled—The prisoner never kept cash
at.the banking-house of Curtis and Co. Bankers never
gave cheque booki only to 0 eir customers.
Sophia Isaacson lives at Canton-place. Corumeicial-
road. There was no other person in that place that has
lodgers. There was po person ache name of Charles
Wilson:l94log there in lloveraber last.
Horatio Hardy, the superintendent of the Jemmies,
Cofee-house, stated thit •be knew nearly the Cap:
to ns of the East India ships, bat did not know anyi
Capt. Seillev. There was ao such name on their beeks.l