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    No. 423, May 1, 1858.] THDL.EADE R. 417

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    Gatherings From The Law And Police Court...

    some further discussion and the reception of more evidence , the defendant , out of compassion to the old woman , consented , if a juror were withdrawn , to give her 10 ? . Mr . Temple ( who appeared for the plaintiff ) first pressed "very hard for costs out of pocket , and then still harder for another 51 ., finally saying he would leave it in the hands of the Judge . Mr . Justice Coleridge , " I do not like to be called upon to extort money . " Mr . Temple : " If your Lordship thinks 101 . enough , I will not say another word . " Mr . Justice Coleridge : "My notion is that you will be well off with it . " The proposed terms were then agreed to , and the Judge concluded by making some observations on the necessity of foot-passengers taking some heed for . their own safety in crossing roads .

    Husbands often have to pay for their wives' extravagances ; and such is the result of an actioa tried in the Court of Queen's Bench . The action , nominally , was between a person named Thomas and the Rev . Mr . Waldo , incumbent of St . James ' s , Hampstead-road ; but the real litigants were the wives of those persons . Mrs . "Waldo had fceen a Miss Price ; and Mrs . Thomas , before her marriage , had served her as lady ' s maid . The plaintiff now sued the young lady for 35 ? . wages ; aud the latter pleaded that she -was under age when the debt ¦ was contracted , and that she was never indebted , as it was her mother who had engaged the maid . In crossexamination , she stated : — " She was married on the 8 th of last July , and had been sleeping for six weeks before

    her marriage in Margaret-street , Cavendish-square . Her mother was not-living with her there . She had not the most remote idea where her mother was when she was married . She had not seen her mother since the 8 th of March , 1857 . She recollected going out -with her mother when they were living at Pimlico , and telling the servants they would . be back to dinner ; and such was their intention , until after an interview with Mr . Crouch , an attorney . They did not go back , because she believed that her mother might be arrested . Her mother had been in difficulties for the last three years . They were living in the Isle of Wight from the first week in November , 1852 , until May , 1855 . Her mother left the Isle of Wight in debt to a great many

    tradespeople—butchers and bakers and grocers ; but she ( witness ) owed nothing . She could not say how much her mother ' s debts were . They were not more than 3007 . From the Isle of Wight they came to 49 , Parkstreet , Grosvenor-square . There were three servants in the Isle of Wight . Two came to London , and were living with them in Park-street . Caroline Long [ Mrs . Thomas ] acted as lady ' s maid to witness by tlie direction of her mother . As Long went to Portsmouth with her , of course she saw her at Portsmouth . She stayed three days with Lady J . Townsend , and Long vent with her and acted as her lady's maid . They wei-e lodgings which they occupied at 40 , Park-street , Grosvenorsquare . They remained there from May , 1855 , until

    August . Witness never paid the servants' wages . Long ' s statement that she had at various times paid her small sums was a positive falsehood . She heard that Long had applied to her mother for her wages , and Long complained ^ that the wages were not paid . Witness said she hoped that all which her mother owed would be paid , but did not herself promise to pay . From Parkstreet they went to Mr . Klderton's house in Warwicksquare , Mr . Elderton was her mother ' s solicitor . They then went to Gravesend to avoid creditors . " Mrs . Waldo then gave a further account of their goiug about from

    place to place , playing at hide-and-seek , sometimes living at hotels , at other times in lodgings , and occasionally riding about in flys . The only point against Mrs . Thomas elicited during the trial was that , before her marriage , she was confined at Mrs . Price's house . The father of the child was her present husband . At the conclusion of the trial , Mr . Hawkins , who appeared for the plaintiff , requested the Judge to ask Mrs . Waldo whether her mother was not then in court . Mrs . Waldo replied that she was , adding , " 1 have not spoken to her . 1 have been on ill terms with her . " The jury found a verdict for the plaintiff , to the amount of 23 / . 14 s . 4 d .

    The sentence against the man Foist , late master of St . Mary Newington Workhouse , for permitting the body of a pauper to bo dissected , unknown to tho relatives , lias been quashed by the Judges in the Court for tho consideration of Crown discs Reserved . The question was whether the charge came within the Anatomy Act , which provides that the ' muster of a workhouse is justified in sending the body of a pauper dying in tho workhouse to any hospital for examination , unless he is prohibited by the nearest relatives of the deceased , who shall require the body to be interred without examination . The Chief Baron , in deciding that tho conviction would not hold good , said : —¦ " The prisoner hail , possibly , prevented the

    relatives from expressing their dissent by telling a lie , and by taking steps and proceedings which to them rendered the requirements of burial unnecessary . They were all of opinion that that was wrong , and he should bo prosecuted for tliat wrong ; but ho did not think it "was a convenient mode of administering the law to put a criminal statute like this in motion—to Hay that the party was guilty of something at common law , ami which might bo authorized by tho statute . If ho did wrong by telling a lie ho was to answer for lulling the lie , ly . it it wun Dot nconvenientmoilo of dealing with anAct of Parliament to charge him with something . that certainly tho Legislature had not in cmtomplution , It wag clear that this

    man had no intention of being guilty of a common law offence merely to prevent the requirement being made . The conviction must be quashed . " Mr . Justice Wightman observed that there was no requirement on the part of the relatives . It was said there would have been but for the fraud of the prisoner . Was that fraud an . offence ? He thought it was not . It appeared to him that the prisoner had not been legally convicted . The other Judges concurred , and so the sentence is annulled . The conviction of Sarah Smith , the wife of the Rev .

    Samuel Smith , recently found guilty of assaulting- John Leach , has also been quashed . She had acted under the coercion of her husband , and not herself commit ted any act of violence . —In the case of John Smith , who was convicted at the Central Criminal Court of forging and uttering a label having reference to a certain baking powder , patented by one George Borwick , the conviction was likewise quashed . There might have been , said the Court , a conviction for obtaining money under false pretences ; but there was nothing approaching to forgery .

    The adjourned certificate meeting in the bankruptcy of William Smith , formerly in partnership with Edmund Fearnley Whittingstall , since deceased , in connexion with the Hemel Hempstead and Watford Bank , took place last Saturday . It is alleged that Mr . Smith kept on business for a very considerable time after the death of Mr . Whittingstall , although he knew that the bank was insolvent ; the effect of which step was that Mr . Whittingstall's estates were gradually relieved from the liabilities of the bank . The Commissioner recommended

    a further adjournment . This was agreed to , and protection was granted in the meanwhile . It _ \ vas incidentally stated by Mr . Linklater ( who appeared for the assignees ) that a surplus of 5000 ? . would in all probability be realized from Mr . Smith ' s separate estate ; and by JMr . Bagley ( for the bankrupt ) , that .-the" probable result of the arrangement with Mr . Whittingstall ' s executors would be that both the creditors of Mr . Whittingstall and of Mr . Smith would be paid in full , and that the general body of creditors would receive 17 s . in the pound .

    John Budgin , a youth seventeen years of age , was charged at Worship-street , last Saturday ,. with , having appropriated a large quantity of household goods and wearing apparel , the property of his late master , Mr . David Kimpton , an upholsterer in Warner-place , Hoxton . The prosecutor , an elderly man of dejected appearance , who exhibited strong emotion , stated that some years ago lie was induced , from compassionate motives , to receive the youth into his house , and had instructed him in his business . He had lately , however , discovered that there was a secret connexion going on between Budgin and his wife , who was old enough to be his mother . He had immediately turned him out of the house , and , while he was laid up in bed from illness ,

    brought on by the shocking infidelity of his ' wife , she absconded in the night , taking with her furniture and wearing apparel to the value of nearly 60 / . He subsequently ascertained that the woman had been accompanied in her flight by Budgin , and , after a laborious search , he discovered that they were living together in some apartments , where the whole of his property was found . The prisoner was therefore remanded for a week . William Sellis , a boy twelve years of age , has been examined at Greenwich on the charge of killing John Thomas Bolton , another boy about tUe same

    age , in a fight in-Wellington-street , Rotlierhithe , and Henry John llnmbrook , an inspector of the Thames police , is charged with being an accessary . The boys had quarrelled about sumo buttons , and , while fighting , riambrook came up and told Sellis to hit Bolton under the ear . Sellis did so twice , when Bolton fell and curled his legs up . Hambrook then exclaimed , u Oh , my God ! " and went away . The poor boy Bolton wus conveyed to a doctor ' s shop , where ho died in a few minutes from the rupture of a . blood vessel at the base of the brain , caused by the violence of the blows . Both prisoners have been committed for trial .

    A decision affecting the question of Sunday labour was given n few days ago in the County ( Joint of Ilnnley . John Riley , a man employed at Karl Granville ' s blast furnaces at Shtlton , was suspended from his employment owing to not having presented himself at the works on a certain Sunday morning , though told to do so . He understood the suspension in tlie sense of a dismissal without duo notice ; and therefore brought his action . The Judge ( who felt sorry that the case had arisen , owing to . the probability of its leading to diuicnlt complications between musters and servants ) gave judgment for the plaintiff , who was not bound to work on a Sunday .

    Edward . Jusson , a fruiterer and confectioner , of Newstreet , Covont Garden , lias been committed for trial on a chargo of receiving from three boys ( who have undergone a term of imprisonment ) a certain quantity of l > ap > er hn ^ a which they hud stolen from their employer , a manufacturer of tho . se articles . According to the evidence of the boys , they constantly brought him paper bags , which he bought of them at ridiculously low prices . Mr . Commissioner Goulburu gave judgment , in the Court of Bankruptcy , on Monday , in the case of Nathan Hermann , u merchant of Great St . Helen ' s , Bishops-£ ttte-. street . His Honour su ' ul that , " shortly before petitioning the Court , the bankrupt had made pretended sales of goods to the amount of ' 1217 . to various parties ) ,

    taking in payment certain pieces of paper , which he called bills of exchange , but which he knew to be worthless . The bankrupt , in his opinion , had acted in collusion with others to defraud the creditors . In February , 1856 , he passed the Insolvent Court , giving up nothing . He subsequently , according to his own statement , borrowed 225 ? . from his father-in-law , and commenced business as a com mission-agent—a very general phrase , indicating a class of traders of whom they saw many in that court . After ten months and a half of trading , the liabilities were 3516 / ., the assets ( realized ) only 153 ? . It was clear that the bankrupt had disposed of goods at a loss for the purpose of meeting his acceptances . There had been fraud in the case , and the certificate ( third class ) would be suspended one year—six months being without protection . "

    "A scene" took place in the Insolvent Debtors ' Court on Monday . A difference of opinion arose between Mr . Reed , who appeared for two creditors of one Philippe Delfosse , and Mr . Sargood , who supported , as to the exact expression used by a witness in the commencement of his examination . Mr . Sargood said he had used certain words ; Mr . Reed said he did not . Mr . Sarg-ood then made an observation to his brother counsel ; on which , Mr . Reed exclaimed , " How dare you use that expression , sir ? I will not permit any man . to say I tell a falsehood . " Mr . Sargood : "I repeat , it is a simple falsehood . " Mr . Reed : " I will pas 3 over the observation with the contempt it deserves . " Mr . Sargood : '" That is the best way when you can * t

    disprove the statement . Mx . Reed : " You dare not make use of such an observation out of this Court . " Mr . Commissioner Phillips : " Really , if this continues , I must adjourn the case . It is very painful to have these scenes continually occurring . They are shocking . If they are to go on , I beg that this court be not made the arena of them . " Mr . Reed : " Sir , when any counsel tells me I am uttering a falsehood , I will resent it . I repeat , that the learned counsel dare not tell me so out of court . " Mr . Sargood : " This is all empt j' bombast . " The Commissioner : "If the case is to go on , this unpleasant scene must terminate . It is impossible fur me to do justice either to the insolvent or to the creditors if we-are to have a continual recurrence of these personal quarrels . " The case was then proceeded with , and adjourned .

    In the case of Mr . Edward Truelove , the publisher of an alleged libel on the Emperor of the French , Air . Edwin James , Q . C ., applied to the Court of Queen ' s Bench , on Monday , for a rule calling on the Attorney-General io show cause why the indictment should not be tried at the sittings after the present term . The defendant wished to accelerate the trial , as the delay prejudiced his business . In an affidavit sworn to by him , it is stated that , by the authority of the author of the alleged libel , an offer , to produce the author and to give proof of the authorship had been made to the Solicitor to the Treasury , on condition that this prosecution should be abandoned ; but the offer was declined . Lord Campbell said he could not see any ground for the interference of the court , as there had been no unnecessary delay on the part of the Crown ; so the application was refused .

    Henry Whetstone , lately a servant of Lord Foley , Thomas de Puzey , a well-known convicted thief ; George Cherry , a ticket-qf-leavc man ; and Margaret Picket , a young woman living with De Puzey , were examined at Marlborough-street , on Monday , charged with being concerned in the robbery at Lord Folcy ' s house . They were all remanded , and , on being removed from the office to the prison van , for the purpose of buing taken back to the House of Detention , Cherry and De Puzey made a desperate attempt to escape . Walsh , tlic gaoler , had anticipated from the nature of the men tliat there might be some endeavour of the kind , and

    therefore hud an extra number of constables at hand . The gaoler brought Cherry out first ; mid , on reaching the door , the prisoner cilled to some one outside in the crowd , kicked Walsh , and plunged furiously about ; but he was thrown down , and carried into the van . De I ' uzcy was then brought forth , and made a similar attempt , lie threw down three of the constables ; and it was not until a forcible grip had been taken on his windpipe that he could be subdued . The whole of the prisoners were then lodged in the van , and carried off , the confederates outside not daring to offer any assistance .

    Patrick O Brien , the police inspector charged at Hammersmith , poliee-ofiice with stealing two pieces of bacon from a shop-board , has been again examined , and committed for trial . Several persons were brought before the Lord Mayor on Monday , charged with acts of robbery in the crowd which assembled to witness the execution of Lani . Some were sent to prison , and others remanded . A petition has been filed in tlie Court of Bankruptcy , praying for im order to -wind up the Metropolitan Saloon Omnibuss Company . The 7 th of Muy has been appointed by the Commissioners for hearing the petition .

    An action l » y the endorsee nguin . st the drawer of a bill of exchange for <> 2 £ ., dated November 2 nd , 1857 , for three months , was tried on Tuesday in the Court of Exchequer . Tin 1 , defendant , ( a dealer in fancy articles , tunned lioscnlu'inn ) pleaded that Ins drew and endorsed the bill to one i ' runkoulioiin to get discounted j that l'Vankonhuiiu returned it to him to get the acceptance altered by inserting tho branch ot the London and West-

    No. 423, May 1, 1858.] Thdl.Eade R. 417

    No . 423 , May 1 , 1858 . ] THDL . EADE R . 417

• Citation
  • Leader (1850-1860), May 1, 1858, page 417, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/ldr_01051858/page/9/