The Daily Times.
Liverpool, Merseyside, England, 1860-10-24 00:00:00

THE VOLUNTEERS AND THE OMNIBUSES.

IMPORTANT CASE.
Mr. James Maxwell; of the 19th (Scotch) Lancashire
Volunteers, summoned Joseph Smith, the driver of one
of Bath Brothers' Aigburth omnibuses, for driving in
the streets so as to endanger the lives of the Queen's
subjects, contrary to the police act. Mr. Cobb appeared
for the defence. The case caused some interest, and a
number of volunteers was
_present. The complainant
(a young man) said on Wednesday night last, about
a quarter past eight, he was going with the men under
his command from Seel-street ; and, on going into
Berry-street, they were crossing to the left side, accord-
ing to regulations, and on proceeding he heard a shout
in the rere, and on looking back he saw the 'bus
amongst the men, and the defendant flogging the horses
through them.
In reply to Mr. Raffles, the witness said the men
were crossing from Seel-street to Berry-street, but not
on the parapet ; they are not allowed to walk an the
parapet, but on the street, at the left ; the men were
going to the store, in Great George-square. The driver
would not stop until they passed across the street to the
left, but drove on to endanger their lives.
Mr. Cobb : Was the defendant on his right side of
the street ?—Oh, I don't deny that. I do not know
what rate he was driving at.
Mr. Cobb : What have you summoned him for, then ?
Witness : For diving through our ranks and endanger-
ing the lives of the men.
Mr. Cobb : Have you any of the men here whose
lives were endangered ?—Yes ; there are some of them
here.
Mr. Perkins, an officer, was called, and his evidence
went to show that the men were crossing to the left of
the street, and that some of them had crossed when the
defendent lashed the horses to break through the ranks.
Mr. Cobb—Do you know anything of driving ? Yes ;
a little. Did you ever drive a " puller ?" I would
not flog a "puller" the way he did. Did you ever drive
three horses ? No; I did not. Mr. Cobb—l did, and
I know what it is, and a "puller" too, and the difficulty
of managing one. What rate was he going at ? About
six miles an hour. Mr. Cobb—l want to know, sir, can
you make regulations to stop the progress of omnibuses
in the streets of Liverpool ?
Here a short desultory conversation took place
between Mr. Raffles and Mr. Cobb on the law of the
case, when Mr. Raffles said, so far as the case went, he
felt satisfied on the points.
Mr. Cobb (to witness)—Was the defendant going at
an ordinary pace ?—He was going so as to endanger the
lives of the men.
Mr. Cobb : As an "officer and gentleman" will you
swear that ? I think so, if he drove through the ranks
without stopping.
Mr. Cobb—l have now to learn, sir, (to Mr. Raffles)
by what authority the volunteers of Liverpool are
enabled to stop up the traffic of the streets ? They
have no right to make laws for themselves, and regula-
tions to put down the ordinary customs of the town.
Here is an omnibus coming into town, with a number
of gentlemen going into their offices in the morning,
and stypose a company of these volunteers think fit to
cross the street, is the 'bus to be stopped for ten or
fifteen minutes to the detriment of the mercantile busi-
ness of the town ? My notion, sir, is, • that the volun-
teers should stop and let the 'bus pass. We have it
here, that the man was going at the rate of six miles an
hour instead of seven; and I contend that no rifle or
volunteer corps has any right whatever, to lay down
rules or regulations for 'buses or other vehicles in the
streets, while they are crossing from one side of the
road to the other.
Mr. Raffles—But suppose persons, not volunteers, are
crossing the streets, an omnibus has no right to drive on
them, if they don't get out of the way.
Mr. Cobb—The police march from Seel-street in
large bodies, but they do not obstruct the way, nor do
they stop 'buses until they pass. They pay more respect
and attention to public opinion and public convenience
than the " brave volunteers." lam a volunteer, hut
not on this side of the water, and I am sure the
Cheshire volunteers would stop and let the 'bus pass,
and they are just as brave as the Liverpool volunteers.
Mr. Raffies—lf a regiment of the line were passing,
they would not stop till the 'bus passed.
Mr. Cobb—l saw a regiment of the line passing near
the Exchange some time ago, and they stopped until
'buses and other vehicles passed. He then called a
gentleman named Ingle, who was on the 'bus at the
time, and his evidence went altogether in favour of the
'bus man and against the volunteers, and he said there
was no life in danger at all. A young gentleman named
Henry Wildes, another passenger who was on the 'bus,
gave similar evidence.
Mr. Raffles said until he had beard the evidence for
the defence, he had formed a' different opinion, hut these
witnesses bad put a different construction on the case.
Mr. Maxwell said he brought the case forward to
try, whether a 'bus had a right to stop volunteers or
not ? whether the driver had a right to endanger the
lives of the men when crossing the street or not? '
Mr. Cobb : Then I tell you, sir, it is a most impudent
assertion on the part of any one, volunteers or other-
wise, to try and stop the traffic of the streets of this
town because people wish to cross the streets whilst a
'bus is passing. That is, however, not the question
before this court, and I am sure his Worship will not
decide it here.
Mr. Raffles : I do not think that is exactly the point.
If a person is crossing a street, and not able to-get out
of the way, a 'bus has no right to drive over him.
Mr. Maxwell then proposed to call some other wit-
nesses to prove the case further, but Mr. Cobb objected,
as the case for the complainant had closed. A conver-
sation then 'took place between Mr. Raffles and Mr.
Cobb, as to the opinion of certain judges with regard to
the law of persons crossing streets who were injured by
vehicles. Mr. Raffles quoted the opinion of one judge
and Mr. Cobb cited the opinion of another, which
were completely opposite.
A young man, named Bolt, was then called on behalf
of the complainant, and he proved that the men were
in danger from the 'bus. In reply to Mr. Cobb, he said
he did not look to the right or the left to see if any
vehicle, 'bus or otherwise, was coming up.
Mr. Cobb then contended that the volunteers had no
right whatever to run across the street in the blind
manner described, and if they were hurt it wou'd be
owing to their own stupidity, which, he observed, was
very remarkable.
Mr. Maxwell—You are not a soldier.
Mr. Cobb—A soldier, sir; the lessyou
say about the

- -
she better ; no, sir, I am a lawyer, and I am content to
let you, whatever you are, be called a " soldier." I say
the stipidity of the volunteers brought this all on them-
selves, and then they allege danger, and bring the 'bus
driver here for endangering their lives. I am sure, sir
(to Mr. Raffles) that you will not take it on yourself to
decide this question here. If this celebrated corps has
got into danger of their lives in the street, from the
passiag of an omnibus, and not from.an enemy, I am
certain you will say it was brought on by their own
stupdity, and that you will dismiss the case.
Mr. Raffles—lf a stupid or cranky old man is cross-
ing the street, and does not wish, or is not able to get
out )f the way, the 'bus has no right to run over him.
In ray procession, civil or military, or of charity dill_
dret crossing a street, I think the 'bus has
a right to
pullup, so as not to endanger their lives. -
Nr. Cobb—Suppose a surgeon is going in
a cab to
visi. a patient, and that a life is dep.ending on his atten-
dame ; is his vehicle to be stopped in the street by a set
of volunteers, until they chose to let him pass, althouol
a 'ew moments' may save a life or lose it I
drill; it an arbitrary law if you decide so.
ffr. Raffles thought the preponderance of the evidence
in favour of the complaint ; and as some of the com-
• paiy had already passed, he thought the 'bus should

have stopped until the rest had pPsed. He Would fine
the defendant ss.
Mr. Cobb—l suppose Mr. Maxwell will not press the
fine on the driver, as he will have to pay it himself.
Mr. Marwell—l will press the case, for he was exces-
sively insoleef:
Mr. Cobb—Then it excessively magnanimous on
the part of the commander 6:f the,. 19th Volunteers
(Scotch) to press the case against a "rbot 'bu9 driver.
The fine was paid, and the parties left the coi,it:

THE VINCENNES SHOOTING MATCH.
. (PROM A CORRESPONDENT.)
The Belgians are justly proud of the success achieved
by their compatriot, M. Gillion, at the Vincennes shoot-
' ing Mateli, Where he carried off the prize of honour,
besides several
The shots which gained for M. Gillian the first prize,
for the greatest number of peohlts (25), were fired in
presence of the Minister of War, M. Romion, and the
rose (the prize of honour) was fired whilst the Emperor
was standing by, who congratulated the conqueror.
"Sire,ii replied he,. "it is the salute of a Belgian to your
Imperial Majesty 4
the sort h
t their
eir si
receptionetoimri,c uiochntthrym
the Baen.l-
g i aYn residents°u m aym
ii
na gPI anreis gave
There were congratulations, bravos, and embraces with-
out end. They were proud of the success achieved by
their compatriot.
The victory was very keenly disputed. A strong
party of Swiss riflemen were present at the competition,
sent thither, it is said, by the federal government. An
eye-witness gives some curious details of the endless
nature of the precautions taken by the competitors
to assure the correctness of their aim—When they were
taking aim, one of their comrades was holding an
umbrella over them to protect them from the wind !
M. Paradis held, for two days, the first prize for the
greatest number of points, but he was beaten by the
Swiss.
M. Jules Gerard, the famous lion killer, continued to
shoot at the target of honour during the whole time the
competition lasted, but the result of the firing showed
that all his endeavours, and all his skill, had only been
thrown away.
M. Paradis has gained at least two prizes, and M.
Antoine Clesse, another Belgian, who made 21 points,
is also, among the number of the victors.
Nine Belgians competed at Vincennes, and they have
returned with thirteen or fourteen prizes; a splendid
result, which, say's the Octzette of Mons, will spread
abroad the reputation of our shooters. Mons has the
honour of carrying off six out of the thirteen.
M. Gillion, who belongs to Mons, gained no less than
five prizes at the national shooting match held during
the files of last month. Re should be invited to Eno.-
land to test his skill by the side of some of your crack
shots. He is said to have spent no less than £l2O in
shots at the rate of If. each, when shooting for the
Io,ooof. prize.