Star.
London, England, 1821-06-16 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JUNE IS.
DAVY V. HODCHEINSON.
This was an action for the repairs of a house. The
tenement in question is situate in Albion-place, Black-
friars, and belongs to the City of London. It was
demised by the City, some years since, to Mr. John
Soane ; Mr. Soane let the house, upon leas; to the
plaintiff, Mr. Davy; Mr. Davy underlet it to the de-
fendant, Mr. Hodgkinson ; and Mr. Hodgkinson, in
his turn, let it te a certain Mr. Mann. Throughout
the lettings, there was a clause for keeping the pre-
mises in tenantable repair; and, upon the termina-
tion of the original lease, in the course of last year,
a claim for dilapidation rang, tocsin-like, a signal for
strife to all concerned. The City demanded £lOB
for repairs; Mr. Soane put the onus upon his lessee,
Mr. Davy; Mr. Davy shifted the claim to his tenant,
Mr. Hodgkinson; Mr. Hodgkinson, in his turn, at-
tacked Mr. Mann; and Mr. Mann, having no one in
his rear, stood boldly at bay, and refused payment.
Legal proceedings were, in consequence, taken; Mr.
Soane recovered, by arbitration, against the present
plaintiff, Mr. Davy ; and Mr. Davy, in due course,
for amount of repairs, and costs of defence to Mr.
Saane's suit, now brought his action against Mr.
Hodgkinson.
The Jury found a verdict for the plaintiff.—Da-
mages to be settled out of Court.
CAPON V. CROSS.
This was an action for money had and received.,
The plaintiff is the widow of John Capon, a cowH
keeper; the defendant is a cowkeeper in his own per
son. Mrs. Capon, soon alter her husband's death,
purchased certain Stock in the Three per Cents. Re-
duced ; subsequently, she transferred her property to
the Navy Five per Cents. and placed it, in trust for
herself, in the name of the defendant. 'lke defend-
ant held the Stock for a certain period, and sold por-
tions of it, from time to time, for the use of the plain-
tiff: at length the executors of John Capon set up a
claitin to the remaining part ; and Mr. Cross, in de-
fiance of notice from Mrs. Capon, delivered it into
their hands.
Mr. GURNEY now contended, that as the defend-
ant had received the property only from the plaintiff,
to the plaintiff alone he was entitled to give it up.—
The amount of the claim was ON.
Mr. MARRTATT, for the defendant, pleaded, that
Mrs. Capon had purchased the Stock in question with
money purloined from the estate of her husband ; he
also proi,osed to shew that the delivery by Mr. Cross
had been made at the desire of the plaintiff herself.
Witnesses were called on both sides. The evidence
was contradictory.
The LORD CHIEF JUSTICE left it to the Jury to say
whether the payment by Cross to Capon's executors
had been made with the plaintiff's assent, or in defi-
ance of her prohibition. It was difficult to discover
whence, except from the husband's estate, the pur-
chase-money of the Stock in question could have
come; but his Lordship did not think that, after
taking the property hi trust from Mrs. Capon, the
defendant could, without her consent, deliver it to
any other person.
The Jury found for the plaintiff—Damages £206.
OLD BAILEY, JUNE is.
J. Sumner, who stands charged upon the Coroner's
Inquisition, as well as the Presentment of the Grand
Jury, with the wilful murder of his wife, was put to
the bar, when
Mr. ANDREWS applied to the Court to postpone
the trial until the next Sessions, on the ground, that'
as the prisoner had only been committed four or five
days, his friends had not yet had time to prepare for
his defence in so satisfactory a manner as could be
wished, under so heavy a charge.
The Coststost SERJEANT said, he had read the de-
positions, and he was convinced that justice was not
likely to be done either to the Public or to the pri.
soncr, by so hasty an investigation. He would,
therefore, readily accede to the motion for the post-
ponement of the trial.
The prisoner was then informed that he would not
be tried until the next Session. He is a stout-look-
ing man, apparently about 50 years of age.
Henry James was capitally indicted for burgla-
riously breaking and entering the dwelling-house-of
George 13yng, Esq. M. P. and stealing therein a
watch, the property of Edward Lloyd.
Edward Lloyd stated, that he was a labourer in
the service of Mr.llyng, on his estate at South Mims,
Middlesex, and lived at a farm-house adjoining his
master's residence. On the night of the 13th of May,
about 12 o'clock, he was in bed, and was awakened
by the noise of some persons in the room ; and on
looking up, he saw the prisoner and another man
standing near the bed. The prisoner was close to
the bed, with a large stick in his hand ; and when
he perceived the witness to be awake, he said—
" Where is your money ?" Witness said he had
none, and the prisoner's companion then said, "Let's
tie him. 4 The prisoner, however, objected to it;
and said, " No, don't let's hurt him." The prisoner,
alley having looked about the room, saw the witness's-1
watch hanging over the head of the bed: he took it
down while his companion was searching witness's
clothes, taking out what little money the pockets
contained. They then left the room, the prisoner
telling his companion that they must go, and tell the
others to keep back. Witness heard some voices'
outside the door. As they were leaving the house, a
man, named Dugdale, who slept in the next room,
called out, " What is the matter r Witness an-
swered, " They are robbers and thieves, master."—
They got up and pursued the men, but could net
overtake them. On examining the premises, it was'
discovered that the entrance had been effected by
taking two panes of glass out of the ground-floor
window, so as to enable a man to put his arm in,
and reach the fastening. Witness was quite certain
as to the prisoner's person, he having waked for
Mr. Byng for a year together some time ago, and
witness was on terms of intimacy with him. He'
was apprehended some days after the burglary in
Hertfordshire. The prisoner pleaded his entire in-
'nocence of the crime.
The Jury found him Guilty, but recommended,
him to mercy, on account of his resisting the pro-
posal of his companion to offer personal violence to
the witness.
The COMMON. SERJEANT would certainly forward
the recommendation, but advised the prisoner to
prepare for the worst.
The prisoner left the Bar uttering curses against
the witness Lloyd. •