The Express.
London, England, 1864-10-06 00:00:00

W ESTILINSTEB.

Mr. Arnold yesterday gave the decision of himself
and colleagues, in which they were perfectly agreed,
in a matter of 000sidenble importance to the proprietors of
refreshment roans at railway stations and travellerr.
lr. Arnold, &admen,' Mr. Childs, solicitor to the
Licered Victualler' Protection Society, for the defeooe,
rid—The case before roe is or upon a summons taken oat
by the police against Mr. Hairy Fisher, the proprietor of
the refreshment rooms at the Victoria station, and the
feet. of the case are briefly these, as I have them. The
defendant was snmmoued by the police for keeping
*pea his house. being the refreshment rooms at
S ictorisetation for the sale of liquors before
the hour of one o'clock in the forenoon of Strada,.
the Ifith of September, the same not being for the refresh-
ment of traveller. That the house was opened at twenty
minutes to or ; sad that certain persons. in all thirty, were
present, twiroty•five of whom went by a train tee minutes
afterwards, and five of whom left the station afterwards,
and apparently had no intuition of going by the train. That
Mr. Faber and his servants thought them bout fide travellers,
sod served theca under that impression. The question
is whether or not, under those cirsounataree, the defen-
dant has remitted en offence. My opinion, and Mr. Selfe's
also, is that, by the construction of the act of parliament,
now of those thirty perms were travellers, for, before
they were entitled to be such, they most have bogus a
journey, or have come to the end of the journey, and nose
of these thirty persona served had so done.
Mr. Child remarked that they had taken their tickets,
sad that west some way towards it.
Mr. Arnold—They had, nevertheless, sot begun to be
travellers. According to that it would follow that aoy man
who intruded to go by the railway if he were a traveller,
would have a right to stop at any ale house on the road to
the station, say he was a traveller, and insist epos being
I served. It might be rammed that he could take his refresh-
' meet before be left home. I think that the meaning of the
act of parliament is that persons who are in transit from re
place to another an entitled to receive refreehmest as re-
vellers, and that perces who merely nand to be about to
travel an not travellers wider tbe marlin of the act; they
might change their mind, go by the nest train, being ten
late, or a thousand other things. That being our opinion,
there is, of course, nothing left for me but my duty to ono-
girt the defendant, bat as the emir tire it is not a case for a
aridly. for the defendant has, no doubt, been under the
impressir that be was doing pertly right. It is a very
important matter, and if you like (addressing Mr. Child;
defendant being greet) I will snot yon a case to take tip
to a superior court. Had these porous been st an arrival
platform thee they would have bees travellses. The
Laura' supposition, no doubt, is that Derma who are about
to begin a journey are travellers, but scoordiog to the
meaning of the act, they must have begun it.
Mr. Childs—l sm in a parrs to prove that several w-
eirs and railway officials were refused by Mr. Fisher sad
his servant when they applied fur refreshment as they dad
not go by the train.
Mr. Arnold—l am perfectly satisfied that Mr. Fisher
bee been under the thorough and coreientioes belief
' that he was doing right is serving these persons. No
doubt he ham all along bees acting ander that belief, and
that he has bad a desire to comply with the law. It is
our opinion that porous intending to start ore not travellers.
although, I must say, that it is• question of vast importance,
sot only to the dafeodant himself, but all perces eon.
✓ated with railways, and I feel it my duty to grant biro a
ear.

lb. Chad rid is the &beeves of hie client be should cer-
tainly take upon humeri, alter whet had fallen from his
wo.r.ship. to state a ass.

MrArnold—Under the circurostanom of the case I shall
order defeedant to pay 21. costs, and to eater into his recog-
nizances to come up for judgment wben called moo.
The cue was thee 'dimmed till Wednesday, to give Mr.
Child's time to prepare hie past.
A tall young fellow, who gees the name of Corßelitio
DefIOVOII, was charged with stealth, a large roll of bed-
ticking from a tradeamaa's door.
William Chapman, of 44, Roceradmrow. mid that at
half-put 7 in the seeming he saw the primmer loitering about
in frost of his (ether's house, acid not liking his appointees,
watched him. He saw him, after suddenly dimappeatiog for
• moment, walking away from this direction of Mr. Span-
low's, limedraper, with a large roll of something node:
his arm. Wieser acquaiated Mr. Smalow, sod fol-
lowed the prisoner, aryls; "Stop thief !" Primmer, who
ran very fast when he fouod himself hotly pursued, threw
down the roll of bed ticking and again darted of. A
youth endeavoured to stop him, but he hawked him down
and west on ; ahem endeavoured to arrest him,
but he escaped them, and being seisd by a geotJecaan, he
endeavoured to shake him off, but failed, the gentlecom
although thrown down holding him tightly.
Prisoner—lAtme ask bins • queue:is, your worship. Now
if I had this roll how did I get it!
Wither—From Mr. Boudoir's door, I suppose.
Primmer—Did you see me take it from the door!
Witotes—No, 1 did not ; but I saw you wry it away.
Premier—You didn't see anything.
Mr. Charlie apelike, 43, Itocheeter-row, said that the
roll was secured at his door and moat have been cut awn,.
He saw the prisoner running with it, mad emend tomes
attempted to stop him.
Primmer-1M you my people tried to atop me !
Witness—Yes, Ida
Primmer—Nobody tried to atop me ; they knew I hadn't
dose anything, and why should they stop me !
Prisoner was remanded.
GREENWICH.

Me. Joiner Matthew, budder of 11, Douro-place, Vic.
lona-road, limematon. stemma to a summate at the in-
stance of the Gre.owich atria Board of Work; edam*
him with baring mused the rim embankment to be eat
away, couttary to the 69th motion of the Metropolis Local
Itamiement Act, by which he had Weaned a penalty at
201.

—ifr. E. W. James, clerk to the Greenwich District Board
of Works, wooded to proascuto.
Yr. J. N. Smith said be was surveyor to the local autho-
rities, sad as the 22nd of &punisher he was pages' along
the river bask, whoa ha saw workmen finishing a cuttiog
as& through the river wall. The cutting was 12 feet wide
by 12 feet us depth. Ile aaked the MAI by whom they
were employed, and they gave him the Dame of the dotes-
Abet. At sight, fasting socidests to the public, whams
emused lights to be exhibited, sad a watchman to he placed
at the spot. Oa the following day withers saw the de•
headset, sod told him he was actsog illegally is cutting
thrum& the highway, sod he replied that he was oily car-
rying oat the isstructioos of his employers. The cnttiog
was side for the digging out of the foundation for a build-
ing, and is the event ot a high tide the land was lately to
ha isaadated._ _ _ _

-7ismositelkoe sad he was •fiushor is the employ of the
0111/4/Willb District Board of Works. Oo the 2641 liaptomber
111111110. saw Esau at work at a cantiog of the river bank.
W items told the farsrosa he was doing wrap& sod he
• "Don't trouble your head with the busiest*. as my
master will settle it with year roaster without istorferseoe
as your part." Oe the 28th end 29th September ha
spin sew the moo cutting away the sestaakmont at soother
The defendant said, .bat be had does was is !pommels
of the law, its holies bow engaged to do the work for the
Mask/ Ordain°, Company, for a building to be greeted
{hareem.

Yr. Trull exprooad • bops that It was sot istasdad to
hays soy stone at isspestber is Ye building grime lIIIIIIIL

The defendant replied that be believed the building •u
inereb intended for the purpose of the manufacture of
orinneoe."

lir. Trull said the river wall or embankment wa■ kept
np at a great coat, and it was highly dangerous th,t it
should be in any way interfered with. The defendant was
then ordered to pay a floe a 54 and =etc