The Express.
London, England, 1862-08-13 00:00:00

ASSIZE INTELLIGENCE.

HOME CIACIJIT.—CIun.DroaD, Auouerr 12.
(Before Baron Martin and Special Juries.)
IV RITZ V. STILL AND .11110111E3.

This was an action of a novel character, it being what is
called an action of prohibition, the jury being empannelled
by direction of the court above to try a certain question of
fact, namely, whether at &vestry meeting of the parishioners
of Plumateed, after a particular resolution had been car-
ried by show of hands a poll was demanded.
Serjeant Shoe and Mr. J. Browne were fer the plaintiff ;
Mr, Bovill, Q C., sad Mr. J. White were for the defendants,
who were the churchwardens of Ph, instead.

This cause arose out of certain proceeedings that have
been the subject of litigation upon several occasions in the
superior courts, the real question at issue being the validity
of a rate that was mule in January Id6o, for the purpose of
making a new burial ground, the old churchyard at Plum-
stead having been closed by order of the Secretary of State.
The issue the present jury was empannelled to try wan
whether, in point of fact, a poll had been demanded or not,
the cue on the part of the defendants apparently being
that although a poll was undoubtedly demanded thin had
reference to the question of adjournment, and not to the
rate that was the subject of dispute.
A great number of witnesses were examined, and at seven
o'clock the cause was adjourned.
(Before Benxi Bramwell and a Common Jury).
SCOTT V. WAIL/31.

This vu as action to recover damages from the defen-
dant for false imprisonment, to which be pleaded that he
was a medical man, and that he was called in to attend the
plaintiff in that capacity, and that he found that he was
suffering from delirium tremens, and that he was a dan-
gerous lunatic, and that it was necessary to restrain him,
and also that what was done was done with him consent.

Mr. M. Chambers, Q.C., and Mr. Prentice, were counsel
for the plaintiff ; Mr. Serjesnt Parry and Mr. Lloyd ap-
peared for the defendant.
This cause commenced on Monday, and was adjourned
until yesterday morning, and, as will be gathered
from the form of the action, the case was one
of a very peculiar character. The plaintiff in the action,
it appeared, had formerly been in the naval service, but be
had become possessed of considerable property, and at the
time the transaction took place be was living with his wife
in Brook-street, Lambeth. The defendant is a medical gen-
tleman living in the same neighbourhood, who holds seven!
public appointments, one of which was that of surgeon to
the late Queen's Bench Prison, and he also holds the name
appointment to the L division of police. The transaction
that was the subject of inquiry took place on the 10th
of February, and it appeared that upon this day
the plaintiff had been drinking sod was a little excited,
and it was alleged that the defendant, who had attended
upon the plaintiff professionally a short time before, but who
was not his regular medical attendant, went to the plaintiffs
house, and, according to the case for the plaintiff, he sent a
man named Street to the house to take charge of him, and
he remained with him all night, and this was the false im-
prisonmeot of which the plaintiff complained, and for which
be now sought to obtain damages. It was admitted that
the plaintiff was in the habit of d.:nking freely, but it was
said that he was not violent when be was in • state of in-
toxication, and upon the day in question be was merely
slightly excited from drink, but that be had made arrange-
mental to go to the Princess's Theatre in the evening,
sod that his carriage had been ordered, and it was
said that if be had been suffered to remain quiet,
he would soon have perfectly recovered. The
plaintiff, himself, his wife, and her sister, and some other
persons, were called as witnesses on his behalf, and they all
stated that the plaintiff had never been guilty of any vio-
lence towards them, and that he had also never exhibited
any symptom of insanity, although it was admitted that
when the plaintiff had been drinking he used to talk very
loud ; but the witnesses said that he only acted in this
respect like other seafaring men, who were occasionally
rather boisterous. It also appeared that the plaintiff kept •
six-barrel revolver in his bedroom, and that be also bad a
pair of other pistols ; but all the witnesses declared that he
had never made any attempt to use these weapons.
After the examination of the defendant, his partner, Dr.
Constable, and a police-sergeant, named Walls,
Berm Bramwell, in summing up the evidence, said be
was marry to be obliged to state that it appeared to him
that, from the nature of the evidence that had been given
on one side and on the other in this case, it was impossible
to come to any other conclusion than that either the
witnesses for the plaintiff, or those for the defendant,'
had deposed to facts which they must have known were not
true, and it was impossible that the contradictions that ap-
peared in the tes'irnony could be the result of mistake. It
was alleged on the part of the defendant that he was sect
for to the plaintiff 's house, and that when he arrived he
found him in such a state that he felt it necessary for
his own protection and the Lately of those about him that
he should put him under some restraint, and if this was
the fact he would be jusi,ified in acting as be did, and
was entitled to their verdict On the part of the
plaintiff, however, it was positively sworn that the de-
fendant was not sent for at all, and that the plaintiff was
perfectly quiet when he arrived, and consequently has in-
terference was quite uncalled for and unjustifiable ; and the
jury would have to consider 'bathe.. the evidence for the
plaintiff or that which bad been adduced for the defendant
was the most entitled to credit.

The jury. after a short deliberation, returned a verdict for
the plaintiff.— Damages ono farthing.
Mr. Boron Bramwell deposed of several other common
jury causes, but they were all of an uninteresting character.

OXFORD ClRClllT.—Gweczanne, Auouer 12.
The commission for this city and county was opened here
to-day, the judges being XL Justice Bytes and Mr. Justice
Blackburn. Bushier will commence in both court.
to-morrow (Wetlu-day.) There is ratite, &heavy calendar,
besides the prisoners to be brought by habeas corpus from
Bristol gaoL The case of Conroy, at Cirencester, will not
be tried at these saga" the prisoner not being yet com-
mitted, as there are other charges against him which 'be
police have not yet completed. Tee nisi prim; business
promises to be heavy. There are several special jury
causes, and among them one or two railway cases.

NORTHERN ClR.Cl7lT.—lavzsPoca, Auorer 1L
The commission of the Bummer mire will be opened on
the 14th inst. The judges will be Sir J. Plaister Wilde and
the Hon. Sir John Mellor. With regard to the calendar, it
is exceedingly heavy, and contains an unusually large num-
ber of serious charges, including those against Taylor and
his wife for the murder of Mr. Mellor and their own
children, and thoseagainst the Ashton union bricknakers for
the murder of a policeman. The number of cases at present
is 124 but these will be increased before the sash., 00131.
meets. The following is the clarification of the charges :
Murder, 7 ; manslaughter, 14 ; burglary, 34 ; rape, 1 ; cut-
ting and wounding, 7; intent to murder, 5 ; concealment et
childbirth, 5 ; forgery, 1 ; embezzlement, 1 ; robbery tram
the period, 13; post.ottice robberies, 2; stealing from
dwelling-houses, 4 ; uttering barged orders, 2 ; perjury, 2 ;
siding and abetting, 2 ; obtaining money by false pretences,
1; bigamy, 2; intent to do grievous bodily harm, 6; utter-
ing base obin, 5 ; other cases not classed, 12.

The inoculation of tattle for the cure and pre-
veotioa of pleszo•posumouia has proved successful le New
South Wales, and is beginning to be getaway practised in
th►t colony.
Gentlemen who require good and fashionable
Dram can depend on the best materials and latest style at Ilasalb
ton and Kiiiipton'h luS, Strand. opposite Exeter Ball.—[Adeer
Ilseanent.l