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No. 423, Ma y 1, 1858.] ___^__ —
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some further discussion and the receptio...
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
No. 423, Ma Y 1, 1858.] ___^__ —
No . 423 , Ma y 1 , 1858 . ] ___^__
—which he THI LE 1 PEB , jjj—
Some Further Discussion And The Receptio...
some further discussion and the reception of more evidence , the defendant , out of compassion to the old woman , consented , if a juror vrere withdrawn , to give her 10 /! Mr . Temple ( who appeared for the plamjff ) 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 107 . enough , I will not say another word . " Mr . Justice Coleridge : "My notion fa that you will be well off vitli it . " The proposed terms were theu 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 action tried in the Court of Queen's Bench . The action nominally , was between a person named Thomas and the Key . Mr . Waldo , incumbent of St . James ' s , Hampstead-road ;_ but the real litigants were the wives of those persons . Mrs . Waldo had teen a Miss Price ; and Mrs . Thomas , before her marriage , had served her as lady ' s maid . The plaintiff now sued the young lady for 357 . wages ; awTthe in * f Pr nlPJirttfrf 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 . " 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 oi March , 1857 . She recollected going out with her mother when thev were living at Pimhco , and telling the servants theywould . be back to dinner ; and such was their intention , until after an interview with Mr . Crouch , an attorney . They did not go back , because - * „ t , « i : « .. & ^ + 1 ™* ii ^ r mother misrht be arrested , lier
. mother had been in difficulties for the last three years . They were living in the Isle of Wight from tbe 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 3001 . From the Isle of Wight they came to 49 , 1 arkstreet , 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 the direction of her mother . As Long went to Portsmouth with her , of course she saw her at Portsmouth . She stayed " ¦ . , -r rr * ' . 1 . « . « . A T j-iw rr- iraTlT With lownseuu ¦*— ¦ ¦ --
three days witn l , auy J . , » uu ^ . «" o » - _ her and acted as her lady ' s maid . They were lodgings i which they occupied at 40 , Park-street , G'osvenor-; square . They remained there from May , 18 DO , 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 T . nnlr ^ nmnlained : that the wages were not paid . "S \ itncss
aaid she hoped that all which her mother owed would be paid , but did not herself promise to pay . * rom I ark-. street they went to Mr . Elderton ' s house m _ \\ arw . cksquare . Mr . Elderton was her mother s solicitor , 11 ej then went to Gravesend to avoid creditors . " Mrs . W aldo then gave a further account of their going about from place to place , playing at hide-and-seek , sometimes living at hotels , at other times in lodgings , and occa- sionally riding about in flys . The only point against Mrs . Thomas elicited during the trial was that , before a i * T * K T }»«» rt # "*» i I * f \ II t ^ fk at lu
^ her marriage , she was connneu rs . x uw » »» " « - ; 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 . >> aldo 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 Feist , late master of bt . Mary Newington Workhouse , for permitting the body of a pauper to bo dissected , unknown to tho relatives , I lias been quashed by the Judges in the Court for the conf sideration of Crown Cases Reserved . The question was whether the charge came within the Anatomy Act , which I provides that the ' master of a workhouse is justihed in \ . ' ,. ., . * . _ .. , ! .,: » ™ . i »^ 4-l ^ ft ^ Vrtwlr 1 Hill HO to oi ii b . « . - i
i eenunig tne uouy n puu [» .- "ji ^ »•• * " ~ , ... ^ --; any hospital for examination , unless he is prohibited by '< tho nearest relatives of tho deceased , who shall rwi "" ' " . ¦¦ ¦ - the body to be interred without examination . The Chief ft Baron , in deciding that tho conviction would not hold fl good , said : — " The prisoner hail , possibly , prevented the i ! rnintivnH frnm nxnreasinir their dissent by telling a lie ,
' ., } and by taking steps and proceedings which to them '; rendered the requirements of burial unnecessary . They f'I were all of opinion that that was wrong , and he should H bo prosecuted for tliat wrong ; but ho did not think it ¦ | was u convenient mode of administering tho law to put a "fi criminal statute like this in motion—to Hay that the - \ 1 party was guilty of HOinothing at common law , ami which I might bo authorized by tho statute . If he did wrong by j telling a lie ho was to answer for telling the lie , lv . it it wiu i ' . |{ potaconvenient mode of dealing with an Act of Purliamenl m to charge him with somethingthut certainly tho Lcgis-$ j laturc had not in cmtomplution , It > vi » 9 clear that thii I \
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 Bev . 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 committed 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 powderT 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 connexior ' , with the Hemel Hempstead and Watford Bank tool place last Saturday . It is alleged that Mr Srmth . ken t .. -u .., s „ ,, e ™ o ttoi-v considerable time after the deatt uuaiucsii ± ¦
uii vm . " * "j ~ , r .,, _ . i-. ' of Mr . Whittingstall , although he knew that the tank vas insolvent ; the effect of which step was that ^ Mr Whittin "stall ' 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 . _ incidentally stated by Mr . Linklater ( who appeared for the assignees ) that a surplus of 500 01 would in all probability be realized from Mr . Smith ' s separate estate ; and by Mr . Bagley ( for the bankrupt ) that the probable result of the arrangement with Mr . ^ hittingstall s executors would be that both the creditors of Mr . Whittingstall and of Mr . Smith would be paid m ful , ot creators wouiu icwu ^
and that the general body .,. in the pound . „ = John Budgin , a youth seventeen years of age , was charged at Worship-street , last Saturday , . Vith having appropriated a large quantity of household goods and wearing apparel , the property of his late master , Mr . DavidKimpton , an upholsterer in Warner-place , Hoxton . The prosecutor , an elderly man of dejected appearance , who exhibited strong emotion , stated that some years aero he was induced , from co mpassionate motives , to receive the youth into his house , and had instructed hm 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 m ^ uer H » h ; . d 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 furmture and wearing apparel to the value of nearly GOZ . He subse-I quently 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 uitreiuio i ^ inu *^
| found Tne prisoner was . m . ~~* William Scllis , a boy twelve years of age , has been examined at Greenwich on the charge of killing John Thomas Bolton , another boy about the same ace in a fight in Wellington-street , Eotherhithe , and Hc ' iry John llambrook , an inspector of the Thames police , is charged with being an accessary I ho boys I had quarrelled about some buttons , and , while fighting , HarUrook came up and told Scllis to hit Bolton under the ear . Scllis did so twice , when Bolton fell and curled . . ¦ . TT . »« , K .. rtr » i .- ti \ i » M ovpln . imGfl . u Oik inv iii ui — 7
| 1118 ICiTS Up * aa <* . vu »> - » , **» . *• w--.- » - , v God ! " and went away . The poor boy Bolton was conveyed to a doctor ' s shop , where ho died in a few minutes from the rupture of a blood vessel at the base oi the brain , caused by the violence of the blows . Both prisoners have been committed for trial . . A decision affecting the question of buiulay labour was given a few days ago in the County Court of Ilanley . John Kiley , a man employed at lvirl Granville ' a blast furnaces at Shelton , 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 the sense ol a dismissal without duo notice ; and therefore brought Ins action . The Judge ( who felt sorry that the case had nri , « n . owiiiir to the probability of its leading to
dilhciilt complications between musters and servants ) gave judgment for th « plaintiff , who was not bound to work on a Sunday . Fdward . lessop , a fruiterer and confectioner , of JNewstveet Covent Garden , has been committed for trial on a charge of receiving from three boys ( who have under"
iroue a ti-rni ol nnprisonmiuiL ; a uuruun n ""» "y paper bn- 's which they had stolen from their employer , a inanufticturer of those articles . According to tho evidence of this boys , they constantly brought him paper ba # » , which he bought of them at ridiculously low prices . . . Mr Commissioner Goulbum gave judgment in Uiu Court of Banla-uptry , on Monday , in the c-nsu of Nathan . Hermann , a im-rehunl of Great St . HelcnV , Uisliopafratc-. street . His Honour said that , " shortly bcloro - petitioning tho Court , tho bankrupt had made pretended i gull * of goods to the amount of 42 U to various parties ,
taking in payment certain piecea of paper , called bills of exchange , but which he knew to be worthless . The bankrupt , in his opinion , had acted m collusion with others to defraud the creditors . In February , 1856 , he passed the Insolvent Court , giving up nothing . He subsequently , according to bis own statement , borrowed 225 ? . from his father-in-law , and commencea business as a commission-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 J . 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 i Court on Monday . A difference of opinion arose be-. tween Mr . Reed , who appeared for two creditors of one Philippe Delfosse , and Mr . Sargood , who supported , as to r the exact expression used by a witness in the com-L mencement of his examination . Mr Sargood said ae i had used certain words ; Mr . Reed said he did not Mr . : Sargood then made an observation to his bi other i counsel ; on which , Mr . Reed exclaimed , " How dare t you ^ Wt e . pr ^^ . IwIU ^ WHut . jy taisenoou
man to say 1 tell a . mr . oa , ^ . - — peat , it is a simple falsehood . " Mr . Reed : « I will pass over the observation with the contempt it deserves . Mr . Sargood : " That is the best way when you cant disprove the statement . " Mr . Reed "You dare , « ot 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 . 1 repeat : that the learned counsel dare not tell me so out nP ^ ft » Mr . Snrsrood : " This is all empty bomoast .
,, The Commissioner : "If the case is to go on , thw unpleasant scene roust terminate . It is impossible forme 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 , anci adiourned . . ,,. . „ In tlie case of Mr . Edward Truelove , the publisher of an alleged libel on the Emperor of the French , Mr . Edwin James , Q . C ., applied to the Court of Queen s Bench , on Monday , for a rule calling on the Attorney-General to show cause why the indictment should not be tried at the sittings after the present term . lhe defendant wished to accelerate the trial , as the delay pre--iudiced his business . In an affidavit sworn to by . him , ** _ . . .- . i . •• . i . ;* . _« . * v 4-iirt nuf lirti * /\ t rli f > tnat tne *
it as statea , uy aumwuj < - " w « = " ^ - " «* « alleged libel , an offer , to produce the author and to give woof 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 refliscd . Ilenrv "Whetstone , lately a servant of Lord l'Oley ,
Thomas de Puzey , a well-known convicted tlnei ; George Cherry , a tieket-of-leave 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 l ' olcys house They were all remanded , and , on being removed from the office to the prison van , for the purpose of being taken back to the House of Detention , Cherry ami De Puzey made a desperate attempt to escape . ¦ AValah , the gaoler , had anticipated from the nature of the men tne Kinu
tliat there might be some endeavour ot , uuu therefore had an extra number of constables at hand . The "aoler brought Cheny out first ; uiu ] , on reaching the door , the prisoner culled to some one outside in the crowd , kicked Walsh , and plunged furiously about ; but he was thrown down , and carried into the van . JJe l ' uzey was then brought forth , and made a similar attempt He threw down three of the constables ; and it was not until a forcible grip had been taken on his vindpine that he could be subdued . The whole ol the prisoners were then lodged in the van , and carried oil , the confederates outside not daring to oiler any assistance . , . Patrick O'lirien , the police inspector charged at Hammersmith police-office with stealing two pieces ot „ . , i l , 1 ! ., > ., Kmiii nirnin P . XiUUinCd . UUU . 1 3
iKicoii ironi h Miu | i-uw * in . i j HI .. uv- * -.. .. . committed for triul . Several persons were brought buforo the Lord Mayor on Monday , charged with acts of robbery in the crowd which assembled to witness the execution of J . ani . Some were sent to prison , and otln ; ra remanded . A mxitiou has lK-en filed in the Court of Hankruptcy ,
graving for an order to wind up the Metropolitan buioon Omnibusa Company . The 7 th of May has been appointed by the Commissioners for hearing the petition . An action l . y the endorsee against the drawer of n 1 « 11 of exel . ango for G 2 L , dated November 2 nd , 18 ^ 7 , for three months , was triml on Tuesday in the UuttorLxchedui-r . Thi . dcfeiulant . ( a dealer in fancy articles , named Ko . cn . n , un ) plemlcnl that ho « hw «»«! ™?> ™ the bill to one Franko . il . cim to get d .. scountedr liat Wnnkonhuiui returned it to him to get the W $ J £ altered by inserting the brand , of the London and V wt
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Citation
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Leader (1850-1860), May 1, 1858, page 9, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_01051858/page/9/
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