The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1887-07-23 00:00:00

A HARD CASK.

On Monday, in the Lord Mayor Of London's Court,
the case of "Winter V. Hay came before the Re-
corder (Sir T. Chambers, Q. 0.) and a jury. The
plaintiff said that he was sueing the defendant,
John Hay, to recover the sum of £'27o, money which
had been advanced to the defendant for the purpose
of paying the cost of a criminal prosecution at the
Old Bailey. The defendant had been tried and con-
victed and sentenced to seven years' penal servitude
in March, 1885, and afterwards he was released,
when he gave for the money. Tie learned
Judge (to the defendant): Do you owe the money?
Defendant I admit that I have had the money. but
it is under peculiar circumstances. I was tried
before your lordship at the Old Bailey on a charge
of stealing some silk. I was dragged out of a public.
house and robbed of £lOOO, which I had gone eight
thousand miles to get. I was sentenced to seven
years' petal servitude. I then petitioned the
Home Secretary (Sir William Harcourt) to review
my case. It was reviewed, and after nine months on
the treadmill I was released, with the full pardon of
my Queen. I was then sued by everybody all round,
and lam in debt about .£9OO. I had better stopped
in prison, and then the Statute of Limitations would
have applied, and nothing could have been obtained
against me. I then brought an action against the
Great Eastern Railway for .£lO,OOO for malicious
prosecution. That case was argued before the late
Assistant-Judge (Mr. Brandon), and he decided that
I was dead to the eyes of the law. He said that I
could not sue in consequence of having been convicted.
Now I am dead, how can they sue the corpse?
(Laughter.)
Mr. Kemp, QC., who happened to be in Court, said
he argued the case for the present defendant in the
action which he brought against the railway company,
and it was one of the hardest oases he ever knew.
The defendant had been absolutely pardoned, and yet
the law said he was not a whole man. He could not
sue for damages. The learned Recorder then ordered
the case to stand over, saying he would see what could
be done in the matter.

At the Kerry Assizes, at Ti—alee, on Saturday,
Counsel for the Crown applied to have three cases of
murder and two of Whiteboyism adjourned to the next
Assizes, on the ground of not being able to get a jury
to convict. Counsels for the prisoners strongly
opposed the application. Mr. Justice O'Brien stated that
be was bound to take exception to the manner juries did
their business at the present Assizes. They had
refused to convict prisoners charged on the clearest
evidence. He had never known such unfaithfulness
to duty in all his experience and so far as the protee•
tion of persons and property and the peace of the
country was concerned, the law was at an end. He
should grant the application of the Crown.
A person, well-known to all the frequenters of
Melton Mowbray, has passed sway in the person of
Dr. Hutton, the renowned "bone-setter." He died
on Saturday, and the circumstances attending his
death will have no doubt to go before the coroner. It
is stated that, feeling unwell, he sake i his servant to
hand him a bottle, the contents of which he 'wallowed.
ftil.it.wtthen disogyeted It wae palm.