The Express.
London, England, 1852-08-20 00:00:00

MARYLEBONE.

John Sheen, a sturdy young man, well known to the
police, was charged with having been concerned, with
another party at present at lame, in violently assaulting
and robbing James William Dowse, No. 3, Paul-street,
Lisson-grove.
Prosecutor deposed that on the previous evening he went
to the Mary'Phone Theatre with a friend, and that at the
termination of the first piece they went to the Champion,
close by, to partake of' some refreshment. At that time
prisoner and another man were there, and after some talk
which took place they drank together. Prosecutor and his
companion returned to the theatre, and in the course of an
hour and a half they repaired again to the Champion,
where they once more saw the prisoner with his companion
before alluded to. l'rosecuter in a few minutes quitted the
house to go home, his friend having just before left him, I
when, just as he was turning the corner of Little Church-
street, he was seized hold of by prisoner, who grasped him
tightly by the throat, and threw him down, while the other
man, not yet taken, stole from his trowsers pocket a
puree containing a hallerown, a crown piece, and two shil.
linos; they both then ran off, and, on prosecutor meeting
with a constable in Earl-street, he gave information of the
outrage and robbery. Prosecutor added, that for some
minutes after he was hustled and thrown down, he was
quite unable to articulate a word.
Cisrke, 208 D, stated that he took the prisoner iuto cus-
tody at about one o'clock in the morning, at which period
he (prisoner) was holding a horse in front of the Nelson,
Salisbury-street, Portman-market, and, on laying hold of
bbn, and telling him what he was charged with, he said he
could not he convicted merely upon the man's word. A
mob collected, and witness was kicked upon the legs severely
by several persons. Prosecutor had evidently been much
injured, u there were many prints of a man's fingers upon
his throat. On the way to the station, prisoner resisted
violently.
In answer to the magistrate, it was stated by the police
that the prisoner had, upon a former occasion, been charged
with felony, and that he had long been the ass date of the
worst deseriotion of thieves. His companion was wanted
for housebreaking.
The prisoner was remanded.
THAMES.
A gentleman 'lamed Stockwell came before Mr. Ingham,
and stated that being desirous of sending his son out to
Sydney be agreed with Messrs. Marshall and Eduidge,
ship broken in the City, to pay them 201. for a berth in the
ship General Hewitt, and they stipulated to provide his
son with a place in which only two were to sleep, but on
visiting the ship he discovered that in the berth appro-
priated to his son five others were to sleep. The berth
was also badly ventilated, and he would not
allow him to go out in the ship. He waited
on Messrs. Marshall and Ednidge, and asked them
to return 101. which he had paid as a deposit,
M W provide his son with a properly ventilated berth,
in which only two were to sleep, according to their promise,
bat they refused to do either, end he was under the neces
shy of engaging a plume in another ship for his son, who
was now on his way to Sydney. Under these circumstances
he wished to obtain a summons against the brokers for
them to show cause why they should, not be compelled to
refund the 101. which be had paid them.
Mr. Ingham asked the applicatt if he had brought the
menet contract paper with him ?
Mr. Stockwell said the contract was a verbal one, and pot
Is a receipt for the 101. he had paid, and which receipt ex-
that it was in part payment of 201., for a passage r•General Hewitt.
Mr. Ingham thought the applicant's son ought to have
applied ; and, if he had done so, the law could have been
put in motion at once.
Mr. Stockwell said be was anxious for his son to arrive in
Sydney at a certain time, and he could not have remained
in England without disturbing many important arrange-
ments. lie ought to state that he had received a letter
6001 the agents offering to provide his son with a berth in
which only one other person was to sleep as originally
agreed ups& ; but it was then too late. lie had sent his
eon out with another captain before he received the letter.
The General Hewitt sailed two days ago, three weeks after
the time originally agreed upon.
Mr. Ingham—Did you tender the remainder of the pas-
entweato the iltdb.rootkez?
114.. Inglisalter reading over several clauses of the
Pmempme said he did not think any of them applied
OM, he must refer the gentleman to the County
miens be would no doubt obtain redress for the
of the contract. His opinion was that the mono,
WSW to be returned, but under all the circumstances of tilt
an be did not think he had jurisdiction, and must decline
granting a summons.
Mr. Stockwell—l asked for a portion only of the 101.
Mr. Ingham—l think you are entitled to the whole. If'
you bring an action, it must be for 10!., on the ground that
the agents of the hip have refused to perlorm their con-1
tract.
Mr. Stockwell thanked the magistrate and retired.
On Wednesday, a respectable middle-aged man, who has
mostly arrived from Sydney, where he carried on the trade
et a blacksmith for 16 years, applied to Mr. Yardley for
redress under very peculiar circumstances.
It appeared from his statement that he paid 40 guineas
for a passage for himself and wife in a British ship from
Sydney to London. The scale of provisione, as agreed
upon in Sydney, was very liberal indeed, but when be
got out to sea they were curtailed one•half, and some arti-
cles promised were neverserved out at a.l. He remonstrated
with the captain, who, instead of serving out the provisions,
according to the dietary scale, loaded him with abuse, and
during the whole voyage conducted himself in a very harsh
and unfeeling manner towards him and his wife. He was
very much annoyed at this treatment, which he did not
expect in a vessel sailiug under the British flag. His wife,
who gave birth to a child in the . ourse of the voyage, was
tames very uncomfortable by the misconduct of the captain,
asil was under so much apprehension and anxiety, that on
her arrival in England she was reduced almost to a skeleton.
The repulsive conduct of the captain was continued until
the al arrived within sight of England, when the captain
eeessssd to relent a little, and offered him a sovereign as
compensation fur a reduced allowance of provisions, which
he refused to accept.
Mr. Yardley was not aware there was any law which
empowered him to order compensation to a passenger fur a
nerd allowance of provisions, but the General Merchant
Sean eeen's Act provided a remedy for seamen in that respect.
Redirected M'Cready, 93 IL one of the summoning officers
of ffise court, to wait on Captain Lean, KN., the govern-
ment emigration &gen*, and report the ease to him. If it
was one in which that useful public functionary could inter-
fere, he was sure he would do so immediately.
Yesterday, M'Cready reported to Mr. Ingham that, in
obedience to the instructions of the magistrate on the
preceding day, he had been to the Custom-house, end was
unable to see Captain Lean, who was at Gravesend on
business, but he was informed by the gentleman in the
captain's office that the Passenger Act did not apply to the
cue at all ; and that it was one in which it was not likely
Capt. Lean could interfere at all.
Mr. Ingham said the Passenger Act applied to pauengers
going out in ships and not to passengers coming home ; but
there was a tolerably cheap and easy remedy ire the County
Court.
M'Cready said the aggrieved passenger had been to the
County Court and was referred to the Mansion House. The
officers at the Mansion House referred him to the Thames
Police Court.
Mr. Ingham—But he ought not to be put to all that
trouble. The County Court has jurisdiction, that's quite
clear.
M'Cready—The passenger could enter his plaint at the
County Court in this district, and could have a summons,
but unfortunately there is a vacation just now, and the case
cannot be heard till October. The ship and the captain
may be gone away before that time.
Mr. Ingham said it was a cue of great hardship, but the
hardship of his cue did not give him jurisdiction. If the
man and his wife had been deprived of one-half the pro-
visions for which they stipulated, the law would afford them
redrew. Ile directed M'Cready to name this case to Mr.
Yardley again, and perhaps his talented colleague, whom
experience was the longest, might suggest something forth,
benefit of the aggrieved parties.
M'Cready said the brokers and agents of the ship were
Yeses. Stoneman, of Great St. Helens, who were most re-'I
sociable people.
Mr. !tycoons the chief clerk, said the officer could do no 1

harm by speaking to Messrs Stoneman temperately. They
would no doubt be disposed to do what was right.
Mr. logliorn—S,e them by all mi•ate,, M•Clrfady, and as
soon as tro.si ro!e, uoir: whme rev mny b, ihe re,ult mention the
t•oen to Mr. Yardley again.

HAMMERSMITH.
.!lyre Dorking, 26. i T, appeared to answer a summons
charging hint with having violently assaulted a cabman
Hamad John Quin, by striking him over the loft elbow
with his truncheon, without any provocation.
The complainant, who carried his left arm in a sling,
stated that on Sunday night, the Bth inst., he went to a
raffle for a shawl, and after it was over he accompanied
some of his friends on their way home to Chelsea. They
stopped at the Gloucester Arms, where they had some
beer outside the house, and then proceeded along the road.
After walking • short distance, one of the females said she
had dropped her shawl. They returned to the Gloucester
Arms, which was thee closed, and, upon seeing the defen-
dant, they acquainted him with what hail occurred. Wit-
ness wanted to go to a necessary place, and the defendant
stopped him, and said he was the thief. He druid the
accusation, and after sumo words had passed the defendant
pushed him, and afterwards struck him upon the elbow of
the left arm with his st.df. His arm was broken, and he
had siuco been an outpatient at St. George's Hospital. Ils
was not intoxicated, nor were any of his friends. The de-
fendant took him into custody, but afterwards released him.
Matthew Gorman, a companion of the complainant,
was called, and corroburated the testimony of the witness
in every particular.
The defendant, in answer to the charge, said the com-
plainant, who was drunk, created • disturbance by knock-
ing at the door of the Gloucester Arms fur the shawl, and
he told him that he must not make that noise, as he would
disturb the inhabitants. The complainant said, s' Do you
think I am the thief ?" and attempted to strike him. Ilia
companion attempted to take him away, but he refused,
and again endeavoured to strike him (the defendant). lie
took out his staff to protect himself, and struck him on the
arm, but not to the extent complained of.
His worship could not understand why the complainant
was not locked up, as the staff was never used by a con-
stable, only when gross violence had been committed. lie
was nut satisfied with the case, and he certainly should a l-
journ the summons until the matter had been reported to
the commissioners at Scotland-yard.
The summons was accordingly adjourned.