The New York Herald Newspaper, August 7, 1851, Page 7

derive any ” it ry f 4 Law Concerning the ; would be no uie the pen Sate, whieh, we under- (At the corner of Chatham street and Tryon row, Berraretins sin progress for, will bo similar in style to tiose alr on Tryon row for the samecompuay. I[t front seventy-five feet on Chatham atreet, and rr. er— What I object to is usi to corroborate the witnesses. Mr. Romeyn—No, but these witnesses show atatement to be trus. securities were given to him by Company. This Barbor says the Correspoadence. Wasiuxotox, July 29, 1661, Crimes of Mainenance, Cham- pe Barretry, and Embracery—Illegality’ of “* Contingent” Fees to Agents, Cowmsel, §&c.—Spe- culttion in Disputed Titks and Claims, and “ Choses in Action” — Applicability ef Law to Claim Cases against the United Stutes. A reference to the common and statute law of Eng- land concerning the crimes of maintenance, chan- perty, barratry, and embracery, and an examina- y to | tion as to the extent of its adoption in the United ‘five on Centre street. lors Nos. 61 and 53 Canal street, two now stores of substantial material, and attractive style, wo in course of erection, extending thro cover a debt—act ig to his own showing, of only | States, of purchasing bank says he gave it to him for the i stock. Barber is con- will be found pertinent to the full'inquiry [ propose to make, as to the legality and moral pro- sustained by Hobart and | priety of the practices pursued in this city, in rela- oO Bis siatomont told th in Barb statement the stor the way that Barber “tells it now Ae improved version.” street. These buildings are to) be Messrs. Brown & Brodie. 4 " is putti b, 49 feet Seep, and 39 the centre by iron ars, and has iron pUlars supporting ites of Nos. 643 and 645 Water Mr. E. M. Brown has r g for his bell, brass aud: coppe: ding all the way t! yw structure is says it was to be ions. Why should 000, when he was al- re, beth} the cer- it there is written evidence as wel to contradict it. joner letter of credit was limit purchase of a bank. and Barber received it for t! are guilty of a fraud on see reason why we could never get hold of that the progress of this inves been repeatedly called for an: Fortunately, we have evidence of uth’s testimony, and the of the transaction, con! ntation we have given of this matter. rber’s statement is entirely inconsistent terms of the contract between Br: of 16th Oct. This contract specifies -Werg not put in hands, but that they were to be To get rid of this proof, Barber swears that he never saw that contract. he deliberately’ re-aserts hia original sto WMaccian ar kis cork, basket © 4 re- 8 Of story, cates of his'own in an affidavit in a civil suit, made on the pa Bui . It was only when the docu dence came from Adams’ express office dertook. to correct it, tho hands, or in the bands of -his counsel, of making such correction . When the statement from the express office was shown to he into the matter; and, in first looked at his }, and then it is that hi th of Bradley’s statem: 8 sisted in i¢ all t ho is a reckless a " h he had in his own th to Frobt stree:. and 40 feet deep, 50 feet on Water | his t, and 30 feet on Front street. [t is four stories often brick buildings are going up on of Water and Scammol streets, for the | éstate of C. Bergh, deceased. They extend through to Cherry street. Messrs. Howland and Moller are erecting a sub- . Madtial structure for store use, oppos This new building extends from Water erry street, fronting 303 feet and 1304 feet from street to strect. brick stores are in progress of eree- corner of Water strect, fronting o: urpose, or else both Wagktuers and now we often promised. its contents. We after, he informa us he the Et whole character of codes reluctantly the But with these same statement the reverse, —showing, beyond doubt dangerous witnese. this room would do such a tl But I have no hesitation in saying these papers, and at he wanted. He tion to claims against the government. The in™ | quiry as to how far the custom of agents, atter- neys, counsellors, &c., making contracts for ‘con. tingent” fees for the prosecution of such claims before Congress, before the departments, or before | commissioners, can be defended upon principles of sound policy or propriety, may also be useful. ‘The English law as to “contingent” fees in suits atlaw, and as to epeculationin disputed titles and claims, and “choses in action,” and the extent of its recogni:ion in the United States, may also be a profitable subject of notice. This letter will be chiefly appropriated to such exposition. The following notes have been gathered from the legal authorities cited, mostly to be found in the law library of tha Supreme» Court of the United States in this city. ” 2 Maintenance (manu tencre) is am officious intermed St. John | dling, or unlawful token ts ‘hand, or up! ® con- “Tutger’s tlip. They are su; jumns, and when finished, wi uildings in that vicinity. ‘THE OXFORD BANK CASE Up of Counsel. Before Justice Mountfort. Jury 30 —The People, atthe Complaint of Rober Barter, against Miles A. Bi ¢ és Money wader False Pretences.—At this day was fixe here was but on: ted by cast iron tradi be among the Snest contradicts him, and him about the 17th o this is a balance of te the contents were read to It may be said that The ith of October, ring to @ contract, and to to advanced, and at the bottom of this letter, on the Barber writes as follows :— Franuiin’ House, New York, Oct, 17, 1850, Gro, Honan, Esq., North Oxford, r place yesterd: act with S. Barton of Oxford. Ifyou will take hol not look at them’ afterwards. I would like to pened that he preduced the er, in the course of his cross- examination—the only one he could produce that would not contradict his story! The letter is as n, Masa., Oct, 24,1850. ir: All is going as smooth shall want more money. Be ready Be of good cheer. letter of the 24th Octo! Worcre Renrar Bann Boa Doar Bl sad’ made « mewsorga- a) a& mel faq srelative to the Bank ‘and help Mr. Barton ns ee you. (ter sundry ad- | There ahead for us. T jaurnments and postponement 9, Point of rtartizg, and Tmust stop. x wpon for the summing up. @ounsel present on the part of the people, the othe: his doterminasion not to atteni ent one, to presen; ving been already rotracted case, beyond whut If, as Barber swears, all the pay his counsel, Mr. Eag them afterwards, how was it thathe got this? But he takes back his story onl; the check. He says w. wasafter banking hours. do not fit into the first story about the minuteness of the story, and the reasons assigned, render the allegations impossible. There was no other way to get out of the contradiction than to represent the check as a distinct transaction, and he intended to do so till documentary evidence showed him that he had gone far enough. still further, and I take the amended story ; say, a3 my fourth proposition, that it is self- contradictory. First, it is so as to facts are not cha: | Bradley being obliged | morning, remain. you may see proper to do inthe ote the interest of my partner, Mr. will be duly appreciated, and for id noi look at case for the prosecution, as regards the date of wearied, with tho was safe for his health. Theodore Romeyn then proceeded to sum He said—In any observations { feel it my duty to make in this case, | shall endeavor to elicit the simple truth, and I certaia- ly shall not allow myself to use any personalities ainst Mr. Barber, beyond what may result from mn of the facts of the case, and If Mr. Barbor’s | hing to do with any other par- How was the force of this to be avoided? He says that in so important a matter as a contract involving several thousand dollars, for its contents from one whom he oes into a contract with a man who was comparatively a stranger to him, and he never sees the contract, nor asks as to its contents. Whom do you believe, St. John or Barber? All that I ask is, that you will take into considera- tion the whole of this case. Barber and Bradley differ, Bradley ‘is supported by other witnesses, and Barber is contradicted. If you, therefore, hold Bradley, you wil! hold him on the unsupported testimony of Barber; testimony in imself in most important ¢ Itis a maxim that if a witness false in one, he shall be held false in motto of common sense as well as the ‘The general fairness of Bradley’s deal- ings with Barber is not in the question ; if i it could be successfully vindicated. Barber's inter- est in the contemplated purchase was not concealed from any of the parties cognizant of the operation. He himself, constituted Bradly the 1 ‘When the contract had been Bradley’s own name, he evidently aj and in bis postscript of the 17th October, says to have nothing to do with any His whole testimony shows that the negotiations were to be in Bradly’s name, with his Of the money paid by him, Bradley put ‘This was all that Barton’s receipt of the ties in the matter. , he nover asked their application to the parties. testimony be true, then my client, Mr. Bradle; undoubtedly been guilty of a crim ‘and it shall be my object to show tha’ his testimon: is unworthy of credit. obtained from Barber, on 21: 000 in bank bills, by a false roy that he had theretofore de the stock of the Oxford Bank, on joint account of | It is also charged that he ex- | hibited, at the same time, a forged receipt of Bar- | It is further charged that he afterwards talsely represented that he had expended | $5,000 more in purchasing said stock, and thereby | obtained a further sum of $2,5 This waa at first said to have been advanced in acheck; afterwards it was said to have been in | yk bills. Barber asserts further that he let Bradley bave $1,300 or $1,500. Bradley denies the false representations—denies that he ever exhibited such receipt, and states that Barber at first ad- vanced to him $1,300; then on the 21s! of October, $3,700 more, in moncy, and $2,500 in a check, mak- in all $7,500, for which, on the 29th of Oc- He avers that this was | 's advances, of which $6,000 ut into the hands‘of Barton, who afterwards The amounts advanced, and the representations on which they were are the matters in controversy. Bradley his statement, at length, | ave been examined. gistrate is to be satisfied, from an examinat! whole matter, that an offence has been committed, and that thore is defendant therewith. there ia no evidence whatever, except Barber's tes- , to show cither that an offence has beou committed, or that Bradle; Barber’s own statoment. itself improbable, or self-contradictory, or if it be | contradicted by other witnesses in any important , then it should be rejected. de- First. ‘That the accusation of Barber should be received and viewod with great distrust, from the time and circumsta: made; because, _ «iif the first place, Barber knew, early in January, all the alleged facts on which he now makes his charge. He knew the fraud by Pradley’s own consession. He knew all about the secarities received from et he took no steps in relation to the n the other hand, Bradley, knowing that Barber was here, eame voluntarily to confront him. He commenced a civil suit verting the securities in which he is now under arrest for $30,000, and had him arrosted also on a Here thore was no ekulkling; conduct of a man that was con- guilt. Barber, uader these circumstances, offered to give up all the sccuritics, and todischarge ym ail claims, for the sum of $15,000. ition failed, he made thi eard before, and which rests on bis Ido not ask you to reject it on round, but it is a reasou why it should be scanned and scrutinized. second proposition is, that this charge, se jiously brought forward, is in itself most and totally unworthy of credit, acsord- | Barber himself. He says he jey till he was introduced to bim by Captain Converse. Subsoquently Conyorse | told him that Bradley had deceived him, (Con- | yerso.) Yet what is Mr. Barber's conversation, | famedisiely after, 4%, taike of pure! lenge number of nolet, and a then letting 1 take care of itsel tells ea he seated this idea of Bradley the arrangement, and advanc y be tho sole nego! le he stays in New York. that the bank would cost #15,000, ho have his half of that amount, namely, $7, except as regards the date. ing in the afternoon, and to be in Oxford the next jut how are these to be recon- ciled with the other facts of the interview? A, ment of the $7,500 took place at the otel. Barber says he had the monoy in his belt, or in the safe of the hotel. & part of the payment! It was too late for banks, | but it was only in the afternoon, and not too late to 0 to the safe of the hotel, or to his belt. e draw a check on a bank where he had no credit, kept no account, when he had money in abundance in his belt, or in the safe of the hotel! Let counsel answer that. Look further, your Honor. remain, but wifnesses forget. hat check good?” “* dence shows that it was a kite, given because Bar- | ber had not the money. inconsistent, also, wit! In every point that ed $15,000 in the » for the purchase of | | which he contradicts hii Barber and himself. Why was a check ton forthe $15,000. 0) from Barber. | The telegraphic dis The story of Barber is | Hobart that he wil regard to the amount of Barbor says the sum total of his funds He says he had plenty of money, and carried back the proceeds of the Anderson draft, and other money he had to s If he did not want the of the Anderson draft, then th $18,500. Deducting from this a draft for $3,000, which he says ho sent, there would be only $10,- 500. But he says he gave, first, $1,300; secondly, 2,500, to Bradley; makin, r, he gave a recei $6,001 10 in Barton’s quired, as will be seen b; October, set forth in Hobart’s testimony. Worcester, October 28, 1850. Received of M.A. Bradley, $6,000, (six thourand dot: | mk pened carrying out a contract, «i ley and myself, on the 1éth Oct. Tico te of its requiring more than the amount fur- agree to furnish the same, Bradley is to refund to me on my making the stock over tohim. In the event of not being the agreement out, I agree to refund said six thou- te the said Bradie; , Signed, BrernEN BARTON. Jr. It was the duty of Bradloy, herhaps, to have left | 's hands allthe money he received. But the contract says only $6,000 were wanted. That P> it'might have been as well for him to have said that the other $1,500 were not & $7,500; and lastly, | ee te re Awe: aad! say nothing o! expenses. vain, when he agit hevhad closed the transaction, and. was $2,500, why did he not deduct probable cause for charging the drawing a check for the #1,300? Why, | was closing the transaction, and filling a margin | has been no explanation But Bradley explains it. Mhe story is ‘alse self-contradictory as to the voucher produced. Barber says given on the 21st of October. the 29th, and he says it was never out of his pos- It has been proved that Bradley was on the 2%h, which corresponds with his assertion thas it was given on that day. Barber's story is contradicted b; He ‘says that Bradley obtained the mone, on the representation that he If you _qill read the will find it says that $7,500 were in Barton’s hands, pat to furnish a Mie amount. it. - eded to read the receipt, as i “ Received of Robert Barber, [x Mr. Eager—Read it all. top. Kir. Romeyn then read the receipt at length as * Received, New York, Oct 2lst, ‘60, of Robert Barber, Ex:., seventy-five hundred dollars, ($7,500,) tor the pur- of purchasing the controlling interest ik of Massachusetts. 1 agree amourt for sume purpose ; and it is understood that the aid Barber and myself are to be equally interested in the ownership «nd ‘control of said benk, which fund is m Barton, Jr., for ; M, A. BRADLEY.” ‘as the latter part of that receipt Mr. Romeyn—I will comment on this hereafter. If it was not truo then, it was made true afterwards; and it is ontirely immaterial, a8 no money was ob- Thave shown under what suspicious circumstances this charge was made, and how self- | contradictory the story of Mr. Barber is. Lastly, | contend, as my is contradicted, in important In the first place, 1 recured Anderson's ace jim, in order to take up | he i# contradicted by St. John, who is to be credited this by Barber. the reseipt was Yet it is dated on labilitiesot third persons, and were, according to . Counsel may sneer at thom, sworn that these Memphis cer- tificates are good, and that the Waggoner draft is ood. Horbart’s hands, and th Barton's hands, make uj stated in the recei tion and what he bave mentioned to fectly fair and in neces of its bein, It covered both his yap back of Barber's. This 1 ow that Bradle: faith. But this is not the You are only to try the fact whether he did t $15,000 had been put | , and by exhibiting a false to- | and that Bradlo; inst him, for con- the date at the | up in presentation that he had },000 in addition. ask you to romark under what circumstances this accusation was made; closely the original complaint; to note how frankly statement—a dangerous for a guilty man, but a safe and honor- able course for one conscious of innocence; and, finally, to see which is most self-consistent and most with probability and with tho testi- ouy. | The case was then adjourned. The Gipsies at Hoboken. ‘Those who wish to reo @ real novelty, and a real euriority in this country, can do so by taking a walk on the road north of the ericket ground, above the Elysian Vields, Hoboken, where they will see, | close by the margin of the adjoining grove, # small colony of genuine Gipsies, living in that filthy and degraded style peculiar to that singular, and often # of bipeds. There are, in all, statement alone. in the hands of S' the purpose of making said p: ing to tho story told b; was @ stranger to Bra with Bradley! jing a bank, and fifth ition, that it | Fito, by other ‘ber denied that he tanr to be discounted for 0 $2,500 check. troublesome cl troversy or suit, that in ‘no way bel: to one, main- taining or aneisting a party wih mo or otherwise, » to prosecute or defend it, to the disturbance or ner ae of common right (3‘Burns J 45, 1 Haw P. C. 4 Black. Comm. 134-6); a practice that was sroatly encouraged by the introduetion of uses. This is an offence against public justice, as it keeps alive strife and cop and | a, lobbying Congress, bo rouedioee tee by or other reward, or ments and the like,” (see terms of to cery; and is, in fact, not only closely akin to that is not the law, tives can be punished in the district of Columbia indictment and fine and imprisoi it should be; and Congress shuuld so tothe party | enact at next session. ursue the discussion of these po my next letter. In the meantime, I desire it to be borne in mind, that these positions do not involve members of Congress, and ex-mem- bers, officers and clerks, and ex-offccrs and clerks rosecution of claims not eq) @ Eliz, c. 2) to be pun! ‘and treble damaged ‘or the American law on the s see authorities before cited, and 5 Embracery is « crime by common law and by statute, It concerned in the againet the government. ‘actice, and the relation thereto of “ agents,” and the lawas to the be- trayal of trusts, and the corrupt and corrupting ten- dency of such courses, will be the subject of more one communication. The expulsion of some members of Congress from their seats, with dis- and infamy stamped upon their foreheads, ith ignominy and shame ef ‘ies, who are tem] by persi e money, enter menta,and the like, 1 Haw P. C. 259, fine a by Aiversatadues paid ual foent for s'7Car and forcitur’ of ten fd tau, Bo “The Amorican law on the subject is the same as the I) pear 14 See 1 Russel Cr. 172, and 15 Pick. Se 579. 4; 15 Mass. 227; 1 Bailey, race ing contingent fees in s suit ore portion ofthe | § services, whether by agents, and counsellors, or others, is by the English de- perty and maintenance, and a contract therefor is absolutely null and void, and the pei mt’’ fee or share, is subject to in- he dismissal wit some other functionar: fleshpots of Egypt to peculation, aa crime, is the surest corrective in such cases. es bed a law is necessary. wyer, should be | honesty, firmness, aud intelligence, inthose wl itis to seo ‘the laws faithfully executed. oe nest claimants should aid me in my task—if ublic good, for their own advant; thing in controversy, for taking such “ conti Allthat is needed @ictment and imp: disbarred. duty The Roman orators practised gratis, for honor merely, To or at inost for the sake of gaining influence; and 50, like- perverts the remedial process of the law into an engiae | of oppression, And therefore, by the Roman law, it was aspecies of crimen felsi to enter into any confederacy, or to doany act to support another’s Jaw suit. by money, witnesses or patronage (Ft. 48, 10,20. 4 B. Comm. 136.) Aman may, ver, maintain the suit of his near kt man, servant, or poor neighbor, out of charity = jon, with impunity. (1 Haw P. C. 263. 4 ) Otherwise, the punishment by common and imprisonment, (i//d) and by statute 52 a forfeiture of ven pounds, kc. (Ibid.) The ruralis (im the country,) «? curialis, (and in the Maintenance ruvalis, is, where one assists another, pretensions to certain by taking mn of them for him by force or subtlety, or when SCPE 5 gE if wise, it is established with us, that a counsel can maiatain no action from his fees, which are given, not as locatio vel conductio, but. a8 guidd am honorarium, not a8 & hire, but as a mere gratuity, which a counsollor cannot demand without doi laid down with to | whoe honorarium Was directed by a decree of the Senate, not to exceed, in any case, two thousand sesterces, or about £80 of English monty. (3 B. Comm., 28.) Coun- sellors, &c., are servientes ad le, , Oflicers of courts, created against tho just claim: those that are fraudulent. The honest and claimant is tnjured by the roguish and speculator-claimant. Suspicion is excited against knowledge of the rascality of some. They rated from cach other, and the pub- place through eg 2 ad utation; as is also in the civil law, out this process. Our Pbiladeiphia Correspondence. Purcapevrnta, Aug. 4, 151. Demorratic Politics in Philadephia—One Side of the Question—Election of Judges—Position of the (Ibid, 26.) Courts will supervise ‘Tida’s Practice, 60, 00; 1 Bura’s J., 174, merican desisions are to the full length of the English. A contract with an attorney that one stirs up quarrels and suits in the country, in relation and this | bi te matters wi iu he is in no way concerned ; © suits for the recovery of property, | partice—Chances of the Candidates. kind of maintenance is punished at the King: suit, by | and receive part of the property recovered, as com- fine and imprisonment, whether the in plea, or not. (3 Burna J. 149; 1 Tonight is to be the elostion of delegates in the city and county, and already is heard the rol! of the dispute | pensation for his services, and that no compromise shall be made, unless, when he joins in it, is apy way de Tew PC, 249.) Maintenance curialis, is, where one oM- yoid, bein; ciously intermeddles in a suit depending in such court, | no statute which no ways belongs to him, a8 of this ‘ind, Py drum, and the vigorous rattle of the small arms that indicate the commencement of the action. The chief interest that is attached to this election iting or punishing cham- mmon law, in ro! ent of crimes and misdemeanors, is not perty ; and, though the maintenance ’—where one maintains another with- | in out any contract to have part of the re, yet the aid of the courts will not be | jis the action of the delegatesin the choice of candi- in suit. 2. “Charmpet ‘—where one maintains one given to sanction and enforce champerty or othor rt; side to bave part ing in suit, 3,” Embracery” —where one laboreth » jury, (Ibid). All mainte- pance is not only malum pro hibiium, but malwn in se, and strietly probibited ‘by the common Ia are liable to an action of maintenance a: the suit of the party grieved, wherein they shall receive such ‘48 shall be answerable to injury done to the plaintiff, but they may also be indicted as rs against public justice, and adjudged to euch fine and imprisonment, as shall be agreeable to the circumstances of the ease, and it seemeth thats court of record may’commit @ man for anact of maintenance done in the fuce of the Court, (Ibid, and 2 Int. 212). “No person shall take upon him to maintain quarrels nor parties in the country to the disturbance of the common law.” 1. Ed. 3. St. 2. 14. “None shall take in hand quarrels other than their own, nor the same maintain by them nor by others for gift, promite, amity, favor, doubt, fear, nor other cause, in disturbance of law and hindrance of right.” 20. Ed. 3. C. 4. “None shall take in hand or sustain any quarrel by maintenanee in the country or elsewhere on pain, if | he be a officer, as the king, by advice of the lords, | may ordain ; or he is a lesser officer he shall forfeit his office, and be imprisoned and ransomed at the king's will : and all other persons on pain of imy it and ransom at the king’s will” 1. KR, 2 0. whatsoever, for to have part of the thing take upon him the that is in suit; mor shall apy upon such covenant give up his right to another, on the pain that the taker shall forfeit to the king the value of the part he hath purchased for such maintain- ance ; ‘but no person thall be prohibited hereby, to | have counsel pleadere, or of men learnedfin the law, | for their fee, or of his parents or next friend.” (25 Ed. +e dates for judges, though the perquisites that attach to the office of County Treasurer and [te- corder of Deeds, have given additional interest to the contest in some of the districts. Upon tho choice of the “ Row officers,” as they are termed, | MeCord., 524). A contract by an attorney to | the fight will hinge upon personal considerations alone, and he who is the best acquainted with the thoesand avenues by which the heart and pocket of a political delegate is reached, will be the man There must be some interest, distinct from | most likely to be successful ; -but, upon the judge question, a far different element is likely to ope- rate, and that in a marked and perceptible manner. | may be guilty of maintenance and champerty when | Itis a fact well known, that the larger part of the an attorney or counsellor would not be. Any | members of the bar were opposed to the elevation of Judge Campbell to the supreme bench, and that almost all the opposition that was made to bis nomination was headed and consected by them. In defiance of all this, however, Judge Campbell carried the city and county by a large ma- | will supervise their dealings with their clients, and jority, and gained the State nomination by | reform hard and unconscionable and unreasonable | and extortionate bargains. 1 Dana. 582. 4. b 292. 7. Yerger. 30. 2. Dana. 228. 9 John K. 208. be discharged for neglect. Buying disputed titles is, as before stuted, ie an offence tute—“ No one shall sell | contracts, contrary to public justice, and the and happiness of the communit 132). A counsellor is not lowed to contract Ww; and all offenders with his client for a of the subject matter of controversy, in consideration of his services (2 Hill, 586; 4 John, R. 113; 1 carryon a suit, on the principle of no cure, no pay, or for part of the thing sued for, decla f 7. Mart., Lou, RK. 3 Cow. 475. ¥Y Ala. 755. 9 John R. 253. to prosecute, to justify mainte- ey (1 Wendell, 310). Agents not connected with the legal! profession agreement with such person to aid in defending prosceuting a suit is voidfor maintenance. Cow- en. R. 431. 3. Denio. 8, 5 Humph. 379. | ney agreeing to divide commissions with agcat of | his chent to obtain the business, the agrecmont is | void for champerty. 13. Pick. Rk. 79. Attornoysand counecllors are guasi officers of courts, and courts H the highest vote save one in the Convention. “yt; | Lis opponent, Judge King, aided by his colleagues : o es Kelly and Pars: Joined in this war upon J | at common law, as well Ic. 11.) “Any person who shall take for maintenance | or purchase any preten | on like bargain any suit or plea against another, he, and | also they who consent thereto, shall be imprisoned three yearsand made fine at the king’s pleasure,” (33 | Ed. 1,8t.3) “ lands or gift of goods aaintenanct the person ed shall is against the first | dirseizors, with double dsmages, without havis al 4 to such alionations, (hb R. 2c. %. "Ro ‘otter of the king, by nor by shall maintain pleas, suits, or other matters, hanging in the king’s courte, for lands, tenomenta, or other things, | | for to have part or profit thereof, by covertant made (by | | parol or writing. 3 Burns J. 145.) thent, and he | that doth shall be punished at the king's " 3 or title to land, unless Pposit of all who the vendor bath received b, a Those were the friends and supporters of Campbell. members of the bar who were con: matter, have been held up to the par! aided William B. Reed in ousting from the office of Distriet Attorney. All thesethings with the elostion of judges, party is likely, from , to carry # majority of the del have been the most prominent in this against him, are quite likely to feel the eects of it in the convention. Such are the questions that lie at the foundation of the contest; and now for ‘he mon and influences such grant, or bath been in actual land, or of the reversion or remai on pain that both purchaser and vendor shall each for: disseix- | feit the value of such land to the king and the ‘32 Hen. 8, ¢.9.) “No person of the any title whilst the thi the buyer and seiler | the king's pleasure. is in arte, are bein, , Burns J.) All prac- tices of this kind are by all means to be discountensnced, grievance of the adverse h en be unable or discouraged to pleasare Ed. 1 ¢. 25, stat. West.) See 1 Ruse. en Cr 173, and | agaivet such potes. land, are recognized, it is believed, in most of the powerful persons, which, perhaps, they safely enough maintain ‘inst their uch Tale, Dretemded’ tities work, for a Philadel it be | machine that is ide the machine thst is to a and controlled by a the z Mthete principles of uw, as established in Eng- | adtenesy-—% trodden down and the week ob hone United States :—Vide, 4 Kent’s Com., 419 and | And these practices also tend to promete notes; 2 Story Eq. | notes ; 6 Danes’ Abridgement 711. Cuamrrnty is the maintenance of any man in his ler, Jr., is to a Sderot 8 pon of touch on the rei! multiply controversies, suits, maintenance, if at are in the actual possession of another tor, (Litt, § 37.) : Jurig, section 1048, &e. aud | beget and forces that rejuire a delic: ing | t© prevent them from bol! statutes | possess in a high degree, suit, upon Gentaaiens 00 have pest (partire) of the thing Pst adverse to the in when it is received, (or, pro parti rei quer est in |. 1, ¢. 11, established the doctrine | always be got to the placito habenda,) whether it be land (campus) or r+ as to such sale of titles in dispute being void, and it be- | out of land, oF or debt, oF any other thing in i or suit, (Cowell. Blount. Weg. Orig 185 5 72. Co Litt, 208, b. 2 Inst. 208) It is trom camp! parti, ‘or campi partitio, and is the unlawful maintenance of a 1 it, in consideration of ~ome 7 aye ap needing land or thing in dipute, or part gain, or som pro- Stout of it (1 Haw PP. 249. 83 Ed [. st. 2) Biack- | stone (4 Comm, 135) defines it to be a species of main. tenance, being & with a plaintii! or defendant m partire, to divide the land, or other matter sued or custom, In our sense of the word it signifier the pur- chasing of a sult or right of suing, a practice so much abborred by our law, that it is one main reason why « chose in action, ov thing of which one hath the right, but not the possession, is not assignable at common law ; be- ate aah (tba Com. Dig’ ity. B. ig Tad pe "y ) Those past ark society (champerters) their own procurement or po vey Sanden gat ooaeh ve : depute, or part ef U ins; od comp: partem vel pro parte | | lucht hebend, (2 Reeves’ Hist. Com. Law, 243,) are perpetually endeavoring to disturb the repose of their | three families, numbering about twenty-five per- | neighbors, and officiously interfering in other men's reatons, in preference to Barber. W! get Andorson to spouge Dat draft, aceommodation, for the chock, and at the precise t resented, and have the draft out deducting the €1,300 he had edhim. Whore isthe voucher Bradley asks for #2,500 more, as necessary | ete the Lg segs and thor , : it difficultto give him that eum, and has to draw a it inte in the afternoon, he does not de- | 1,300 from that eithor, nor doce your honor believe that M would advance these two sume without a vouch: sons, young and old. Two of the women are real Egyptian born, and most of the othor adults were , born in England; yet any one who is familiar with the Gipsey character, can readily discover in their features, their actions, dress, gestures, looks, and perpetual slovenly mode of living, and genoral tone, all the recise amount of this 0 when the check was sold in the street? et we are told he put the money in his and brought it home with him, and that Hut St. John telis a different ' plenty of money. story, for he says quarrels, even at the haserd of their own fortunes, are severely animadverted on by the Reman law:—Qui int probe carunt in alienem litem. ut quicquid ex condemnatione in rem ipsius redactum fueri¢ inter eos communicaretur, lege Julia de vi privata tenentur, (Ff 48,7, 6,) and they were punished by the forfeiture of « third part of their goods infamy 190, must be referred the provision of the statute 3. [len. Be. U, before elted, as tor forfeltare of value of lands, by | distinguishing characteristics of that migratory race. both jes,toany champerty (Ibid) The purchase | procecds of that Which, 1 ask, is the more credible statement! there was any doubt, i Look at the reason assigned by Mr. Barber for this course. He says:——* I did not take a voucher forthe | that was the closing of the bu- According to their own ipse dixit, two of those families landed in Virginia abont ten months ago, from Durham, England cently, been wandering about that and the neigh- boring States of the south and west. They state orth for the purpose of ese: | the unhealthy climate of the south, which has e | fatal to several of their childre is removed by the telo- phic despatches, in the letter of Bradley from | oreester, now produced, which show directly that funds had to be raised to Again, we admit that we received cays $11,500 oF =11 300. his statement by Llobart, Weyni last $2,500, beens: sinoss, and I had advanced my he belicved the $7,500 was his share, he took » he take it in the one case, and not take it in the other! The onl, has is for $7,500, which we almit. regard to that, he says it was given on the 2lst o and they have until re. Wl. 2B. & Bea. O17. ‘an interest in the thing in dispute, with the ohject of meintalniog snd taklog part aD, % | et ae (Vide 18 Vex, 125; 2 uh Won eB ‘ef, 403. Jac. 426. 9 Jurist $87, The distinction between maintenance and chasm- seems to be, where there is no agreement to divide Sithice in suit, the party intermeddiing is guilty of maintenance only, but whew he stipulates to receive part of the thing im suit, he ix guilty of champerty. Ilience fami- | the rule of Lord Coke, that every champerty ts main- | ° le Jobn, all of whom state that Barber repeatedly de- clared that 7.500 was the amount of all hit ad- vances to Bradley; and be is further sustained by nee of any voucher for the 1,30), and the October; yot we fit mont, that it is dated | Those advances are said to have causo Bradley, on bis application, exhibited are | ly have been roving Among this motley years of age, the glance of whose a dl on the 2h of October. bout Hong Island = Fo roup is ® woman ixty Che tenance, but every maintenanée is not champerty. (2 Inet. 208.4 Steph. Comm, 264, nm. 1. —, 9 Burns |. 145.) erty ia a apecion of maintenance, which iv the (ibid.) Champerty was an offence at common mn | genus Lot fiw, and as such ix punishable in like manner as tiain- Is there any doubt that Bradley gave up 300 voucher, and embodied all in one receipt! Another important part of this cave is, that Hobart swears that be (llobart) never had more than $11,000 «courities in his possession when at Wor- ; Weymouth adds that he coipt of Barton's for $15,000, and or memorandum of it. comes back from Cincinnat home, and voluntarily goes to Worcester, where his detection is certain, and there, in a room, the being by themselves, makos a full confes- ithout that confession there ix no proof of the falsity of pretence, for where is the proof that 215,000 had not been put up in tho hang ton! Tho absurdit; to represent himse too palpable for credence by and, afterall this, he is still represented as owing ’ & most extraordinary story’ not all—Hradley puts $2,009 in the hands of Barbe 000 i | eye, is enough “to fright the very dei any one picture to himeelf one of those mort hide- ous hags 20 renowned in romantic story, for their powers ix the dark mysteries of witchoraft, and he will have before hie mental ¢; | fication of the old dame to We avked her several questions, a few of which she answered gruftly and in a seemingly relactant man- ped a short distance away, y the base of a large tree, mat- ing some incoherent expressions, and stareing in no very attractive manner, at those whom curiosity had brought around her family circle. rl to her companions, thing looks frighth ‘simultancously moved off, castin, suspicioas side glances in the direction of the ol asking the old ‘un if she told fortunes, unearthly voice, ‘* Not to-day, fe & fac simile personi- Pine at Iipboken. ry 15,000 more of securities in New York. ber swears he got them all at once from lradley Barber says he got that amount 0) as scourity for the debt owed him by ndant. Bu; it was notas security fora debt, bat urpose of bringing them to St. Louis to mn them to carry out the bank spe- ivn, as Hobart and Weymouth both swear. Je it porsible, if Bradley gave Barbor $11,900 as security for the debt in afterwards give hi purpose, in New Yor! any rational mint; orcester, that he would 00) more, for the same | inding that this difii- eulty preseod him, Barber says he got the whole Now, what is Bradley's (Counsel was here procee:- ing to rend from Hradley’s statement betore the | ted by Barber himaolf, is ble, and unworthy of credit. pieee of invention. story is unworthy of credit, from alteratic in it by Barber during the tien, and after he wos by extracts from the hi Now, your honor, bra a #2),000 in Worcester. : mily has atent, the others sleep in hey carry all their ellects alt see no cooking o traces of anything that could show exeopt # fow bite of and a small anvil Some of the men informed ue that they got but very little to do, and that their living was very hard, the latter part of whieh as sortion we fully credit, from the starved looking | appearance of themselves and children among them two of Hibernia’: the lord and master o e' Mr. kager—Thix iy not right. The statement from place to place. not sworn to, aad the law is for that reaeon that the a misstatement tin scattered here and ti stuck in the ground r. Romeyn= Then why does a defendant make a statement at all! Harber was the only gave a vorsion encirely made to bradley’ evip', Which is the only Barber has produced. Such is Bradley's s Eager, on the part of the prove mitted that counse! could not refer to the Of Bradley not being sworn to. Mr. Romeyn contended that | right to explain, and he had « right lo refer to that one voucher or ft f the one whom we have e- { one of the Irichmen how be cowld bring himeelf to live in euch « mi | he said thathe felt periectly happy, that he had ned the gipsies in England when yow d ‘now he would not change his life he «aw in the * New Nive? States ustice Mouatfort anid the stato cured was not evidence for him, and could need as testimony when Attorney 00 bho trial. Bi fer to it as his explan the truth of his assertion oll the others are of Egyptian blood, » they folly enstam the ( ae ood bap amen S pymemabes | tenbnce im general. (2 Inst, 208.) 1 Russ, on Cr. 178, | notes. The elementary American authorities upon the subject of champerty, and the j ial decisions in this country, are in harmony with the [:nglieh law above qaoted. Vide 4 Kent Comm., 1% 2 Story iq; Juris, see. WIS, &e ; 6 Dane Abrig. TIL, andthe following decivions:— rn pee is a common law offence, being the unlawful maintenance of a suit, in consideration of some bargain to have some part of the thing in dispute, or some profit out of it, and all contracts founded on maintenance or Seay: are voil—5 Mon., 413; | Pick. R., 416; 8 Mon., 48%: 4 117; 7 Portor, 488; 9° Met., 480: 9 Als 6 Cowen, 512. An agreement that amounts to champerty cannot be supported cither at law or ia equity; and if an attorney, having an interest in @ suit, purchases from his client the whole subject matter of controversy, it is champerty—5 John Ub. RK. U. It is not essential te the offence of cham- at there is # suit commenced at the time the Litt. Rep. 117. Vide alse r, showing an agreoment by agent, attorney, or coun referred to he contingent” { e¢] is champerty. Borratry ix the o . A quarrets between the Ling’: ject either at law or otherwise.—4 Biack, Comm, 134, Karre- try in derived from the Danish t the Norman hare doth signifying » dixpute or e0 legal aceeptation. doth sig cr maintainer of suits and 4) the country, —1 Inst. Sof; 1 baw A barrator can be in respect of record, OF nat of re fe in the or other inferior ¢ varts —Ibit committed in th 1 moe of frequently exciting an In the eountey i cctrein mi commen harretors, amd to porew * Ula statute Gotm mot opens vue vacsne, wee muy yoore o6 came part of the common law purchase and transter of chose: in acfion, such as unliyuidated, disputed or unacknowledged demands, or elainis against the government. (most generally grounds peal to its equitable consideration, or favor, matters of legal right,) is mot sanctioned b; The old rules are ex: tive at the delegates’ are to be flattered with pi Sherifi’s office, which is uj headquarters of the to the exertions of Mr. Tyler and his forces for ¢! ion he now holds, and therefore leans te tha’ while his deputy, Jobn Mille to Jur and i moreover, @ politician that is no mean antago prudent, and wary, he is ever the look out for the weak points in the enemy camp, and when found, he assails them in a manner that cannot fail of sucess. With the vast resources of the Sheriffs office at command, he will exort an influence that will probably be hard to counteract. ‘The oppostion forces soem to be led by Honry M. ile and others rule the des- timies of King’s side of the battle, and who are now striving to retain Judge Kelly in tho place he occupies, Judge Parsons having retired from Bat the mistake the; continuing the opposition to Camp! nomination had been made at is an offence thas will not be cracy, and after having goaded ft and he cunning ve turned their own guns a In addition to thine it is said that Ht tial friend . Reed, and that he arranged the dence in the District Attorney case, and though he refueed to take game, » managed tho cards that corresponding contents before the nomination of es, and letters of his are said to be in © State, urging the formation of an dent ticket, no matter upon the general result ater the English om ha rees in the cil Soy colvaguts panemany toll ager aotin mainly rights to institute suits terance the trading in such claims, or sustain thelr extent, though it does sus- in action, in certain cases, sand forbids trad: = vurehase and transfer to an: in the transfer of choses and mere equities, when it is not against public enience, or morality —2 B,C ; Myino & K, 600) 19 Ves ©. & P. 149. A mororight to file a not sesignadle.—1 You. and C ing in express termes the sal the Privy Counsell mn declaring such sale voll, can be cited, it ie presumed it is, because no -ach cace ever oeeurred, aor ed it would oc rur Mértcan law us to the baying of disputed in most of the States, similar to the gland. 6 Dane Abrid, 741.4. 4; 2 Story 1,044, ©. 4; Kent Comm., 119, the United States rchases on speculation, of ancient Spanish, or or British grants, in the coun- e United States, by cession; | or old colonial grants, or from the States, and some Chancellor Kent, whilst he lish statute law was conform- able to the “policy of the common la s ‘‘a fundamental doctrine of the law o! on the continent of }.urope neral sense and Sir Wm. Blackstone says: nations,” yet doubts the policy asto this country, euch an extensive “article of commerce, and of such incessant citen- * though, (he also observos,) “it is said England houses and lands have new become means of investment, and cireulato from owner to | owner with unusual and etartiin, < says the statute of 1 Kid. and 3 Hd., against cham- and maintenance, “ arose from the ombar- rassments which attended tho administration of justice in thore tarbulent time , from the influence of men in forfeiture imposed by 82 Hen by adoptedin New \ ork, ed and modified,) was “unn: withstanding there loove eugy loore language, and to apbo is warmly attac! ing. Suv; 2 Moo, & Bing, 20; @ Moo ra clati, noe any jadl- are founded upon iven by the demo- m to that point, friends u them with - exican, or French tries acquired by t mits that the E (4 Blac, Comm, 156.) Hereunto, | wa, * and in conformity with age of mankind,” or, a ‘of all well governed a “follow of infinite jest,” more poinced at all times than polished, and hed | his present position by « chance, he emuch weight in litical seale of the © idaies for the Common. Pleas . V. Petitt, W. Brightly, Joe! Jones, and Col. Fairbank. Mr. Bradford was formerly practice in Indiana; but on bis father being ito a lucrative office by President Ty'er, he city to seck his fortune, He is a lawyer, of and bas a fair show of ability; but pressing his thoughts and with # real and s. thus made in loose rules, it will be remained hore. id to be common law Mpat is not et all cou- ds ding a suit concerning it, it Frvand the yarease told. ne to the American law and decisions concerning the sale and transfer of choves in_action of the character before stated. Kent, 47; 6 liane ab. 741; 2 Story lie 1,018; Wheelor’s Am. Law; 12 Wend, 4 5 1) The same may be upen the party. | and it ie enid that peeial friend of Hirst v that he is to especial friends are not to be his exesu- vbnston is a a ofS. G Tucker Caimpbell, « Pyoveataat Itldheaao, 20: po reered of high ‘ability. 315 The Linglish Taw prevailed in Maryland at the | conaion of thie District, end See acts of Fed. ond other acts; and | Cr Pet. 524, | Wheeler Ur. « continued by act of He was an origina! the Supremo Bench, aod war » ate in the City Convention. lle will by one © Most prominont candidates, and they say that bie nomination is certain f the moderate men of both parties; but the King ot like the sudden favor of praise tha: the f Campbell have got nomination iss uew wallow the State judieial ticket tbat if a compromise ic to be effected, f hing shall be soffored t Stilt we do not think that this the chatees of Mr. ‘ohneton, whom we lo He is eupporied oy aitto induce them