The Express.
London, England, 1864-04-26 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF COMMON PLEAS.

‘t:tinge in Banco.—(Befor• Lord Chief Justice Erie, and
Justices Willis, Ryles, sad Resting.)
tetrote e. GREAVICS.-1111 • ginrregan • =gut unrAirr
The plaintiff io this case was, in 1863, huntsman to the
Berk-hire hounds ; and he now sued the master of the
bounds to recover five months' Inge; and she damages
fur premature dismissal from employment. The OW VAS
tried before Mr. Justice Williams, a few days ago, when
the jury found for the plaintiff for 801.
mr. °versed, Q.C., now moved for a rule to eater a
verdict for the defendant. The facts were that the plaintiff
waa hired in February 1863, upon the understanding that
he vs, to begin work in April following • his wagee were
u, be 1001. a year, with a house, coals, clothes, Lc. • and he
wee to have as perquisite' the draught boueds which were
waded from the pack, and the bones at the horses eaten
by the dogs. He lived not within the cartilage of his
master's house, but in • house which had bees tam ye-
s:hilly for him, and which was close to the kennel. Under
these circumstances the prineipsl question raised was
whether the plaintiff was a menial servant, and as such
liable to be dismissed at • mouth's notice. The defeedent's
counsel contended that he was a menial servant, bemuse
he wore a livery, and bad, as was usual in hie alma,
beets originally a stable boy, afterwards a whip, and
Iva, ultimately promoted to the position of huntsman, gad
further because duty was paid fog him ea • servant, to the
inland Revenue. It was true thlt in some dictionaries the
cord "menial" was derived from a root which signifies
bring within the house ; but in others the derivation @mai-
n.s train or retinue of servants ; terms which would clearly
include a huntsman. In the case of "Nolan v. Able'," 2
N. and H., it was bold that • gardener who bad bees
employed at 1001. a year, wee a menial Nernst.
Another point was, whether there wee a custom to hire
lineman for a year. The plaintiff's cue we that he
would lose much of his perquisites if be were diembeed
der* the semen, especially because the hands were
mostly drafted out at the end of the mime • and be called
sever.' huntsmen to show that it wee the custom to biro for
the year. On the other band, Lord Clelway,
Csrtain Williams, Sir John Trollops, and other
gentlemen who were leaden of bounds, de-
posed that they had always understood huntsmen to be
meets] servants, liable to be dismantled at a month's notice.
His lordship did not think that custom bad bees proved on
either side, but he left the question to the jury, who found
it in favour of the plaintiff. His lordship thereupon re-
served for the court the question whether the plaintiff wain
a menial servant ; and also gave the defendant have to
cove upon the ground that there was no evidence of casket
is to a yearly hiring.
1:ole granted.

COURT OF EXCHRQUIR.
mt,age in IBanco.—(Before Barons that* Briawsil, sad
14406 L)
tit V. CTNICRAL 011211806 COMPANT.—ACCIDIPT.

Thi; was an adios for damages fee injerths sustained by
l• boy through being run over by one cif the defendants'
emnibusee ; ad at the trial before Kr. Berm Pigott, in
Middlesex, the jury fowled a verdict far ttlte=l-4.—.
damages 150/. The accident occurred in Oa
strand, sod the plaintiff, who sued by hie next friend, was
permanently injured.
Mr. Hoddieston, Q.C. (with whom was Mr. Harrington
sod Mr. M. William) now showed cense against a rule ob-
tained by Mr. Hawkins, Q.C., to set amide the venting and
for a new trial, on the ground that the verdict wee maim
the evidence. He said he hoped that, sotwitheleadieg the
learned judge had expressed an Make against the verdict,
the court would cot impale the plaintiff to the risk of
another trial, especially as the driver of the onisibes, apse
whom evidence a good deal depended, died yesterday.
Mr. Buss Pigott said he would most decidedly have gives
the verdict the other way.
Mr. Haddleston always ttoderstood the rule to be that
though the judge might have given another verdict it was
entirely the provisos of the jury to determine what the
verdict should be, and that the court would not interfere
unless it was manifestly perverse or wrong.
Mr. Baron Martin did not think that the facts of the me
jeatihed the verdict, and was of opiates that there should
be a Dew trial. It was not a ruled law that a verdict
must be perverse in order to be set aside ; sad it was suf-
ficient to show that it was nth a verdith fairly warranted by
the evidence.
_ _

Mr. Baron Bramwell a:premed the mese opinion.
Mr. Barth Pigott said be weld rot allege that the verdict
ti perverre ; u there wee thee avid's's is support it, bat
Le thought it uthatidactery, es there we we proof of aegii-
From on the part of the driver which thread reader the
dr/red:eta liable.
Yale absolute for a mew trial

THE POLICE COURT&
(THIS DAY.)

CLEMMT WELL.

Jaws Grey, aisiiie; Welliie:7• the noises wa
charged with Matting a valuable dog and William Buffs.
the keeper of the Bricklayers' Arms liemskop, Teabridgo-
crest, Easton coed, was charged with receiving the same,
nll knowing it to ham been stoles.
Mr. Biskette. solicitor, of Frederick-etreet, Gray's-inn-
road, attended for the prosecution.
Thaw proosedimga ware taken miler Bishop's Act.
The prossontrix resided at lelington,and about six months
tithe the nrisooer Gray was is the habit of visiting the
boom to see a relative. The proescutrix bad a valuable
teener in her pososesion, sad, suspecting the primmer*, she
kept it locked up whenever the prisoner Gray was this..
fin the day that the dog was stn en the prisoner Gray was
it the boom early in the morning. and when he left the dog
wee allowed to run about the hoosa, the prosecutrth tbioking
that he would not return. In the afternoon the primmer
span came to the house, and whin he went away
be took sway the dog. The promentrix, who
had beea out walking, mot Grey with her dog
adder his arm, and whilst she was looking for a
constable she missed sight of him and bad not sem him
stem until he was in custody. The only evidence sport
Beggs was that of the primmer Gray's wife who stated that
the was nt when her husband sold ldm the deg, and
lbe Loud her husband ray that he bad " lynched* the deg.
By that term she turderstood that her husband had stoles
the dog.

The'peiwx Gray said that his wife had instituted thews
preoeedlap lierAtue he had secertsined that she had com-
mitted bigots.
Yr. Barker maid that then was sot quite evidence sertsch
t, keep the prisoner Buggi ie custody, sad he would be die-
=ter the present. The Was. Gay weld be is-
for a week.

MARYLEBONL
• town's QO/11.111.
A tall, well-dreeeed, young woman named Clarroite
Painter, was charged before Mr. Yardley with the following
angular contemplatioe of oaenwiUieg suicide :
Polioreoestable James. 406 S, abated that hurt eight hyea ors duty in the Park-road, Ragout's-park, and observed
the prisoner leaning over the canal bridge with
her arms outuretched towards the water below.
He polled her beck end asked her obit she
was doing. Her saucer was that she should
do at ohs liked. She was again asked what she wee doing,
irbot she replied that she was going to wash her bands, at
the ante time rubbing thorn together. She the wrung
them as if in despair. After doing this she took from her
Enter • ring, which the allow said be believed wee a
sodding one, and threw it sob the water, at the mate time
aying ,he was going to follow it; that it wee set bar soul
64e was soles to hurt, bat her body. H. than teak bar fete
r-..dedy, when she said that as be bad prevailed her thee
ate onuld accomplish it on the morrow.
Mr. Yardley—What lieu you to say
Prima (who seemed most terribly do)ed's& sad kers.
hair syse tied on the floor) did sot answer.
Kr. Yardley spin repeated the quietism
Prisoaer—My young men has quarrelled with me. I don't
fain abet to do.
Mr. Yardley said be should remand the prima's*. for a
wank to the Moose of Dakota's, whim rho would hey° the
suelleat «wke at the chaplain, who would ha hen that
sto ought to lave as mush regard—if sell mere--fee her
red thss her body.
Pompey—Pray, air, lea me go, duet look me op. I can't
Ire a week.
',le was then removed by Arnold, the paler. sad planed
is in company with awdber Soma* to watch her.

Ti, Nza• CANON OF Exam—The Rev. F. C.
Coot. ILA., preecher of Lima&lea, who hes bees semi-
atvd by the crews to the emery is Enter Calltedrel„
'mitred recent by the elevation of Dr. E. Mireid Driewee
to the bish of Ely, went through the esramemy
roasting to ensoday lam The Bishop of Exeter hes made
ProPned to the govereeteet that as the divinies if She
f'ame of Exeter by the meatiest of • bishopric of Oarsman
as been refused, he may be allowed te ham a
lshop to &mist him in the arduous duties of Me wtmnivn
10. In the event of the (sweetmeat awed's, to this pre-
late. his lordship bee offered to seetiesie Mr. Cook to the
6°Orie.. The qamtioa is mew cadet the cessideratisa el
Re 4w olfiftre of the elm.
TiZ WZATIIIIIIL--Wheill are the April showers I
the question which .repose has bees daily ask*
for nearly & fortnight. Scarcely • drop of rats has fallen
that time, and during the pest week brOliset ease
Ind dowissoskue boos doily boos eefeyed. Them has
mesa some drawback is the abeam* el all raja cad tithe per-
'last prevaleoce of easterly winds. Though warm, abase
vine days hot, the tem tare lies sot bees of a medal
rbatartar ; the seat winds have had • disagreeable "edge,"
*hose effect has bees far from beeelleiel either to hems*
weal. or vegetable eaten. The tome= here hod •
tom Of it for out-door work, sod evem where the lead shows
trod rods which time sad eppertaaity here predated.
° berm now, however, to weal ; tbe gems doss soh
1,7 e kindly ; both wenn& sad isehatere ere requiretter
!i• our crepe, lied • shame would he Wel*
Ns=
'utftd of April showers March lest sew peemilsot
et rare_ ly remember a year is while the mew& of April ham
fmr Wise away frees its proverbiel ohmmeter. listen
a, however, us deed*, mbar ea with kw owe weft, sad a
are little rain weal rapidly eesepeelete ter the peaces.
.I.o4vardeeis vegelasiee. —Samar Idirarlison