Star.
London, England, 1829-07-08 00:00:00

LORD MAYOR'S COURT, JULY 7.
WELLINGTON V. 10X.
This was an action brought for the recovery of
81. 10s. The case was a remarkable one, and a dispute
took place about the evidence between the Recorder and
Counsel.

A bill of exchange in proof the debt was put in ; it
was drawn by a person named Saunders, now dead,
and accepted by the defendant in November, 1823, but
the action bad been commenced within the period of
limitation.

Mr. BOLLARD, for the defendant, said the action was
a mere fishing one, and by no means creditable to the
party who had brought it. The facts were these—
Saunders, who drew the bill, owed rent to the plaintiff
for a house at Briztoo, and procured the defendant's
I acceptance to it as an accommodation. Never, until biz
years had elapsed and Saunders was dead, was the db•
(cadent applied to for a farthing by the plaintiff, who,
although paid the amount by Saunders, kept the ac.
ceptance in his pocket, and now wished for the double
liquidation.
Rebecca Saunders, daughter to Saunders who drew
the bill, deposed that she was present when the bill was
settled in November, 182$, by her father with the
plaintiff. Her father was doing a job, as a carpenter,
for the plaintiff, who said, when it w as finished, " Now,
Saunders, you and I are straight." " Have you got the
bill with you r said her father. " No," said the plain.
tiff ; " you :ball have it when you come to Loudon ;
there's no occasion to be afraid, for your two daughters
are present." The bill meant was Fox's acceptacce.—
Went afterwards to plaintiff's house for the bill, but did
not get it.
This witness, in her cross-examination by Mr. Mute.
HOLUM, altered the civility of her tone very much. Thete
was no other bill between her father and the defendant.
She came to speak about Fox's bill, and no other, and
she knew there was no other.

Mrs. Russell (another daughter of Saunders) de-
posed that she also was present when the plaintiff said
to her father that the bill was settled. She called twice
with her mother, at the plaintiff's house, for the bill,
but did not recollect that she saw any one there.
This witness, in her cross-examination by Mr. Mar-
mot/la, showed great impatience at being questinoed.
We understood her to say that the bill was settled, in
the way described, in the month of March, 1823.
Mrs. Valance deposed, that she called three times at
the plaintiff's house, and saw his wife upon one occa.
sion, who searched tor the bill, but could not find it.
A man named Penfold deposed, that in December,
1823. Saunders went to demand payment of the bill of
the plaintiff, who told him that it was mislaid, but
when it was found it should be given up.
Mr. MIRICHOUSE here spoke privately to the plaintiff,
who instantly started up, and said to the Recorder,
" Upon my oath, my Lord, there is not a word of truth
in all those witnesses have said."

The Rzeoanza, astonished at such an interruption,
sharply rebuked the plaintiff, and orJered him not to
dare to utter a word again. The witnesses were all
upon their oaths, and could have no interest in false
swearing.
Another witness deposed that he was, four or five
months ago, offered 11. if he could get the value of the
bill from the defendant ; he applied, but was not paid.
Mr. Mummies said that he had a witness in Court
to prove that a writ bad been issued against the defend-
ant in the year 182 S.
The defendant here said, H There is not a Sheriff's
officer scarcely in London who does not know where to
find me "—(A laugh).
Mr. Ashley, of the Mayor's Court, proved that a writ
bad been issued against the defendant in October, 1523,
and another afterwards.
Mr. BOLLAND ridiculed the idea that all the witnesses
would perjure themselves.
Mr.lisasuousa said that this case was to be con-
sidered no longer as one of pounds. shillings, and pence,
but as one affecting his character as a man of veracity.
The Learned Counsel then proceeded to point out a
discrepancy between the evidence of the two sisters,
and stated that one of them had sworn that the bill
was settled in March, which was before the rent was
due, while the other swore to a different period.
The Recommit—lt is no such thing, Sir; the young
woman did not swear that it was settled in March.

Mr. Minanousa—l have taken particular notice of
her words. my Lord, and I have her words on my notes.
The Rumania—l tell you. Sir, she said no such thing.
Mr. Miazuonsa—My Lord, I pledge you my ho-
nour, that she mentioned March ; I took most attentive
observation of her words.

The Racoanua—lt is most indecent, Sir, to contra-
dict the Court in this manner. I pledge you my oath
that the witness said no such thing ; and I desire, Sir,
that you will not repeat this conduct.
Mr. Miaanouse—l was just about to address the
Jury upon the strong fact ar this variance of evidence.
Look at your notes, my Lord, before you pledge your-
self so positively. lam boroe out by my colleague in
what I say.
The BRCORDIR—Sir, I have looked at my notes; I
desire I may not bear this again.
Mr. BURSAS! (who was with Mr. Mirebosse)—My
Lord, my notes exactly agree with my Learned Friend's,
and mark the variance in the testimony of the two
witnesses.

I The RICORDIR-Sir, I desire that this disrespect may
end at once.

Mr. BURIIADYMy Lord, I have in the Courts above
often requested the Judges to reter to their notes. It is
a common practice, and their Leldsbips never felt any
offence at so reasonable a proposition. The witness has
said what my Learned Friend has mentioned.
The RECORDER—It is not so; or, if she did, it was a
mere slip of the tongue, of which you take an undue
advantage.
Mr. Mu:arouse then suddenly sat down, saying to
the Jury he should leave the caw to them, and 1147 not
a word more.

The RIWORDZI summed up at great length. and
commented upon the evidence as he proceeJtd. He
declared that there was no reason whatever for doubt.
log the testimony for the defendant.
-While the Jury were deliberating,
His Loma's, addressing Mr. elirehouse and Mr.
Burnaby, said, I must henceforward expect to be treated
with more respect in this Court.
Mr. Mtaanoves started up and said—l always act
most respectfully in Mutts of Justice; and I must say
that I have always been treated with respect in every
Court of Justice except in this.
The Recommit—This only adds to the disrespect.
Mr. Buenas:—As I am included I must say, that
the word indecent, which your Lordship bas used, is
unbecoming, and altogether unprovoked.
The Jury found for the defendant.
Two men entered the P111114:01$ Boyd public-hoes?,
Paul-street, Finsbury, yesterday, and called for some gin
sad milk. and dotal the abacus of the landlord, to
takedown the shutters, they broke open his desk in the
bar, and carded of 204 in notes, and 80 sovereigns.