The Express.
London, England, 1862-08-06 00:00:00

THE EXPRESS, WEDNESDAY EVENING, AUGUST 6, 1862.

(warm*

A wiodios•ap order was mad* in the mos et this com-
pany by consent.

ASSIZE, INTELLIGENCE.

HOME CIRCUIT.—Lzwies, Arrover 5.
(Before Mr. Baron Bramwell)
MOSOAN r. SIMPSON.

This was a common jury mum.
The plaintiff was Miss Clara Morgan, the well-known
dansense, and she brought an action spinet the defendant,
who was the late proprietor of Cremorne Gardens, to re.
cover damages for his breach of au engagement he had en-
tered into with her for her services at the Surrey Gardens
during the present season.
Serpent Ballantine and Mr. Paxton were counsel for the
plaintiff ; Mr. Watkin Williams appeared for tLe defendant.
This was one of several actions that are to be tried upon
this circuit, arising out of the same alleged breach on the
pert of the defeant. The use on the part of the plaintiff
was that, through the intervention of Mr. Milano, the oele-
brated ballet-roaster and harlequin, an engagement war en-
tered into with the defendant and bis manager, Mr. Bishop,
that the plaintiff should be engaged as one of the principal
ballet dancers at the Surrey-gardens, dung the
present season at a salary of 4!. a week, and that she
made all the necessary arrangements for that purpose, and
we. prevented from obtaining another engagement. As the
public are aware, the site of the gardens has been purchased
by the governors of St. Thomas Hospital for the erection
of their intended new building, and, consequently, the
ganlens were notr.pened as a place of amusement, and the
parties with whom it was alleged the defendant had entered
into engagements have all, it appeared, brought actions to
recover damages.

Mr. Milano, who was the principal witnese for the plain-
tiff, was examined, and be proved that in the month of
April of the present year he had a conversation with Mr.
Biahop, who was the manager for the defendant, upon the
subject of engaging the plaintiff and her sister, Miss Barbara
Morgan, as &menses at the Surrey-garden; and the result
was that the professional services of the plaintiff were en-
gaged for the season, at the salary of 41. per week, which
was the same salary she had formerly received at CIIIIMMINS.
He also said that he was himself engaged for the seams, and
that be had brought an action against the defendant.
Miss Clara Morgan, the plaintiff, proved that she was
informed by Mr. Milano, who always acted on ber behalf
in these matters, of the engagement that he had entered
into with the defendant, and she consequently made the
necessary arrangements to provide her dresses, and did not
seek to obtain another engagement. She stated that when
the engagement was broken off by the defendant, she made
&professional tour to Scotland rod to Newcastle, but this
was not so profitable to her so the London engagement
would have been, as she was residing there with her trimly
and her travelling expenses were very heavy.
The case on the part of Mr. Simpson was, that he had
never made or authorised to be made any such engage-
' ment as the one that was now set up, and it was alleged
that Mr. Bishop bad ceased to be his manager, and that he
merely held a lease under the defendant of the Surrey-
gardens. It was stated that the governors of St. Thomas's
Hospital were in treaty with Mr. Simpson for the purchase
of the gardens as the site for their proposal new hospital
at the beginning of the present year, but as nothing detioi-
ties bad been arranged, and as it wee the Exhibition
year, it was thought that the gardens might be used
profitably for the purposes of public amusement,
and arrangements were therefore made to obtain the
services of several professional ladies and gentlemen.
As it was known, however, that the governors of the
hospital might come to terms at any moment, care was
taken that all the engagements that ware made should only
be for the period of one week ; and it was alleged that
this was the sort of engagement that bad been made with
the present plaintiff, and that she, consequently, was not
entitled to recover in the present action.
The jury returned a verdict for the plaintiff
damages, 201.

TO) iTaiiiiwia of the amizea way brought to a elan &boat
4 o'clock.

THE P*ICE COURTS.
MANSION-HOUSE.
Henry Willianu' a cabdriver, appeared for further ex-
amination, charged with a brutal assault upon John Brett.
Mr. Humphreys attended to prosecute, the prisoner wee
defended by Mr. Beard.
Mr. Humphreys said he was instructed by Messrs.
Shoolbstod, in whose employ the complainant was as
carman, to prosecute in the case, in consequence of the very
parlous injury which their servant had sustained.
It appeared from the evidence of the prosecutor that on
the evening of Sunday, the 13th Ju yhe was crossing
Cannon-street, when the defendant drove past on a Hansom
cab, and cut him across the face with the whip. lie caught
hold of the defendant's trousers and his whip, and asked
him why he had done that. After some parley he let them
go, and prisoner immediately struck him several times with
the thong of the whip, and then, shortening his hold of the
handle, pushed the butt-end of it with great force into corn-
plaiat's eye, after which he drove furiously over London-
bridge. The injuries the complainant received caused the
entire loss of the sight of his eye ' • mad a reward wee
offered for the apprehension of the party who committed
the assault.

The complainant said he was quite certain that the pri-
soner was the party.
A witness named Burnes, who corroborated the com-
plainant's statement as to the assault, likewise swore posi-
tively that the prieseer was the LOAD, and added that he
followed him for the purpose of taking the number of the
cab, and the prisoner slashed at him with his whip. Re
saw him three times after that, once no the same night, and
twice sioce, and on the third occasion he succeeded in
taking the number of the cab which he was dnving, which
led to the prisoner's apprehension.

Mr. Based said, although both the witnesses swore so posi-
tively that the defendant was the man he could cull wit-
INSOSS who would satisfy his lordship that they had made a
mistake.

Hs then called several witnesses, whose evidence west to
show that the prisoner, inatesd at driving • Haman cab aa
the day in question, was delving a four-wheeler.
Mr. Humphreys called the alderman's attention to the
positive manner in which the complainant's witnesses swore
to the identity of the defendant, and he asked that themes
might be sent to the Old Bailey.
Mr. Alderman Humphery committed the prisoner for
trial, but allowed him to give bail in one surety in 404 and
himself in 404

Mr. Ingham gave a decision in a care of some importance
both to the public and cabdrivers. In consequence of the
ooinplainte made by the yiaitors to the International Ex-
hibition of calimin picking their fares, the police were in-
structed to take out suminoomes in all cases in which there
WWI a refusal to be hired. In the cases proved the full
penalty of 40s. has been imposed, which has had the effect
of rousing the whole body el cabmen to consider their pre-
sent condition. In the case of Alfred RedraU, a licensed
driver, which was similar to the others, Mr. Lewis, of Ely-
place, defended. The evidence went to show that he was
driving along the Bromptoo-road, when he was hailed by
i two persons. He shook his head and drove on. Sergeant
Web, who bed watched him, called out " Cab," but
he again shook his head, and drove on hater. He
afterwards took up a party of four persona. The summon.
was taken out in accordance with the terms of the 35th
section of the let and god Wm. IV., cap. 22, as follows :
" That every hackney carriage which shall be found stand-
ing in any street or place, and having thereon say of the
numbered plates required by this act to he fixed on hackney
carriages, shall, unless actually hired, be deemed to be
plying for hire, although such hackney carriage shall not be
on any standing or place usuall7 appropriated for the pur-
pose of hackney carriages standing or plying for hire 3 and
the driver of every such hackney carriage, which
shall not be actually hired, shall be obliged
_ and
compellable to p f with any person of
hiring such hammy carriage." Mr. Lewis argued
at some length that the act applied only to mike found
standing, and that if they were going along they were
not to be deemed to be plying for hire. Mr. Ingham was
of a contrary opinion, and that the legislature intended to
apply to all persons plying for hire. He held that the de-
feint was standing though he was going, so satisfied was
he of the intention of the act of parliament. The worthy
magistrate consented to adjourn the case and several others
for the purpose of conferring with his colleague.
Mr. Ingham now gave his decision. He stated that he
had considered the point, and he was perfectly satisfied
that there was nothing in it. He was of opinion that the
statute applied to all cases plying for hire. As the defend-
ant was piling for hire he convicted hem, and ordered him
to pay 40s. and costs.
Several other cabmen were fined the full penalty for the
same offence.

William SiaitA was also summoned for the same offence,
and he was defended by a geatleman from the office of Mr.
Joseph Smith, of Stepney.
In this case the defendant wu driving his hone
tKnightsbridge at a walking pace, and upon being hailekre
abuk his head, and represented that be was going to change
horses. He afterwards took up a party of four persona.
Mr. Smith's clerk took the same objection as Mr. Lewis.
He also argued that if the caw held good, a driver who had
been out all day with his horse, and wee just about arriving
at his stables to change home would be liable to be hired,
though his horse was not in a et state to go the journey.
Mr. Ingham said that if the driver in such a cue proved
he intended to change heroes be should take upon himself
the responsibility of excusing him, but that was no excuse
for hot taking two persons when he afterwards carried four.
He never fined ethane unless he was perfectly sure that the
case had been proved. He had had many cases before hint
in which the defendant's had made statements so probable
that he had dismissed them. He thought the cue against
the defendant proved, and he fined him 40e. and coats.

Mr. Smith's clerk then asked his worship for • cams, to
settle the point as to the interpretation of the 35th sedans.
He stated that he bad the authority of • noble philan-
thropist who h►d interested himself is the cabmen's behalf.
Mr. Ingham immediately grouted • awe.