The Express.
London, England, 1864-12-07 00:00:00

LAW INTELLIGENCE.

couRT OF COMMON PLEA&—Dic. 6.

attings at Niel Prins is Middleeex.—(Before Lord Chief
Janice &lb and a Special Jury.)
Men? V. WIYAN.-I.IIIEL.

This es stein to hawser damages f..r as alleg-• t
which had appeared is the Brikkr ; itutt the defeudaut, is
Odd . guilty, phetleol that the ar.t.zetl hu,i was
tiht in fitibetaace ead its feet. . .

Hr. award likrues:Q.C.7 and Mr. Boyle appeared for
lb. phanaiff ; ►nd Mr. Kandake. Q.C., Mr. Hannan, and
Mr. Otarrille Howard fur the defendant..
•

The plaintiff in this case was a shell-fishmoisger, r,rr.ing
es bruiser at Charing-crom ; and on the 18th of Jur, Ise:
there appeared in the Baild,r the following article, upon
which the action was founded --•• Fish Preserving and
Destroyieg.—A correspondent laciness for -or
sespeaion a plan of the back yard of a fish.
mopue's establishment, within a few seconds' walk
of Icoilead-yard. From this plan, it appears that within
62 area of 15 feet by 11 feet there are—s privy without
door, six bushels of rotten cabbage, with a heap of miscel-
km one rubbish ; soles, mackerel, ho., left on the ffsri to
cool ; a paved area, used indiscrimiestely ass urinal ; a beep
of render dirt ; rate of stagnant water ; a lobster copper,
in which the crustaca-e are boiled, and the mop washed
erten used tor cleansing (1 the yard ; a basket of boiled, and
Ott of live, crustace:e. At one side are two small wind• es.
being the sole source of light and ventilation (?) to the back
ro..m of an adjoining house. The details need ao comment."
Mr. Knight was examined, sad stated that is the month
following the publication, his business diminished to the ex-
tent of W.. and he ascribed this result to the article in the
Builder. There was no privy in the yard, which was of the
sit- described in the article, bat there was a water.closet
which was properly supplied with water. There was no
door to it, the men having broken down the door because
the place gees so dark. It was impossible for the next door
neighbour to see into tbo water-closet, or to see any person
sling it. There never had been mix bushels of rotten cab-
bage there. The refuse vegetables were removed from the
yard every day by the dustman. The only miscellaneous
rubbish there were four small carriage wheels, two doors, a
meat screen, and a lamp iron. These thing' were placed
sigaiut the wall. Soles, mackerel, Am, were never left on
the Hags to cool, because they were served up hot. (A
laugh.) The fish was generally brought borne from market
in a basket, which was placed upon the flap. The yard was
mot made nee of aa • urinal. He never knew it to have
been so used. There were three waterelosets in the house.
The only cinder dust that there ever was in the yard was that
which was made whilst using the copper, and that dust was
taken away by the dustman every day. He gave the dust-
man le. Cid. and a quart of beer weekly for his services.
The yard was flooded and scrubbed with a birchbroom every
day. The walls were lime-washed every eight or twelve
mouths, so as to throw light into the oyster-room. The
cinder dust was put into a basket generally, and was never
lying about the yard. The rata which were in the yard
were used for oysters in their season. Water was let into the
vats every morning and run off again about the afternoon.
The lobster copper was in the yard—bat as to • mop, there
had not been one there for four years. The vats ware done
out with a broom, and the boiler was cleaned with vitriol
end bnckdust. There were seven windows at the back of the
adjoining house. The medical officers of health bad visited
his yard in their official capacnty. They visited in March
last, and espoused the yea satisfied.
Wm. Harebell, a person in the employ of the plaintiff,
pre similar evidence. He added that he could not say
that be had never uaed the yard as • urinal, but he did not
remember having done so.
Mr. Hancock, the load inspector of nuisances. said that
be had visited the plaintiff's yard, sod he never saw any-
thing in the yard more than would be there in the usual
course of business. In 1862 there was a complaint from 8,
Craig's-court, as to the boiling of lobsters in the yard, and
the smell of them whilst cooking. Then were also rotated
out to him on that occasion a few cabbage leaves that might
have been in the yard 24 hours. He should my that the
quantity was not half a bushel. There were also there a
few fish baskets. The plaintiff was summoned before the
magistrate at Bow-street in 1862, in reference to his copper,
and before the magistrate it was arranged that there should
be a hood to it.

Cross-examined—Twelve months after there sou a com-
plaiot from some parson living at 8 Otis's-mart
Mr. Bails, the medical officer of health, said that sines
the summons at Bow.ssreet be bad received oomplainte of
the yard from Craig's-court, and he had vented the place on
those occasions, and also upon others when there hod bees
on complaint. Except the effluvia from the shell fish, he
never experienced anything that would warrant him is
giving notice to the vestry of a !miasmas to be remedied.
Mr. Ktralake addressed the jury for the defence, sad
afterward. calledwitnesses.

The Lord Chief Justice directed the jury that before the
defendant would be entitled to the verdict they most be of
opision that he had proved the troth of all the statements
is the libel.

The jury, after earldom* ibo Twits'. for few miontio,
found a •irdiet for thoplatstiff--deolagos, 601.

REA,'OND COURT.

Battings at Nisi Prins in Middleser.—(Before Mr. Justin
Willem and a Common Jury.)
CHA.E AND WIFE V. 8701141.11.-ACCIDENT.
. .

la this car Mrs. Chase. the wife of a-l;n7;l4hter, bad
kart herself through her leg slipping down a circular hole,
which was cut through the nava:wet into a coal cedar
beneath.

lir. Cole appeared for the plaintiff, and lir. Digby Sey-
mour , for the defendant..

The rilfeOdant was a gold chain maker, kyles at Saiosbnry-
read, Ilkeston, sod on the 24th June last, Mrs. Chase was
walking quickly pest the defendant's house, and trod upon
the iron plate covering the hole leading to the owl cellar,
when it pre way under her, and rolled along the pavement.
Her foot went through the hole, and both the ankle and
have were sprained, sad the ligaments of the knee joint
were a good deal hurt. Shs remained in bed
for three weeks afterwards, and even at the pre-
sent time she felt very noesiderable inconvenience
from the hurt. Mrs. Chase, in her evidence, said that the
defendant came out of the house while she wee sitting by the
imilinss in great pale, and picked up the iron plate and put
it in its place, without making any inquiries as to her in-
jury or offering any assistance. Mr. Chase also said t►at
when he called on the defendant to compl►in, the defendant
said it was the d—d servant's fault.

Mr. D. Seymour, in answer to his lordship, said his &s-
-hore was that the plate was fastened with a rope in the
ordinary way.
Yr. Justice Willem said that that would be no defence, be-
cause a penou having a plate like that in question was
bound to use efficient means to ensure safety, if such were
reasonably to be had.
The defendant. however, desired to be examined, sad he
described the mode in which the plate was (*Atoned with a
rope. The plate never came away, but only slipped a little
on one side. He sent his niece out to Mrs. Chase to in-
quire how she was, and she said she was not much hurt,
and would be right in a few initiates. He denied what
Yr. Chase had said in reference to its being the servant's
fault.
A verdict was entered foe the plaintiff for 20!.

COURT OF EXCHEQUER.—DEc. G.
SECOND COURT.
(Before Mr. Baron Martin and a Common Jury).

TEE CITI MERCANTILE CLtB AND DINING HALL COMPANY
. r. BRIIDINU.

This was an action to recover 50/. 12e. 6d. alleged to
due of calls on a certain number of alarm in the City
Mercantile Club and Dining hall Company. The defend.
ant denied his liability.
Mr. O'Malley, Q.C.. and Mr. Herschel were counsel for
the plaintiff, Mr. Littler was counsel for the defendant.
The defendant, who is a builder, bad taken a number of
shares in the above company, and aa it was now being volun-
tarily wound up, calls to the amount of 604 12s. 6d. had
been made upon him.
_ .

The defeudant disputed his liability on the ground that
be took the shares on the understanding that the contract
with refs:woe to the building to be used in the City should
be given to him, but that agreement had not been carried
net.

-The jury. however, ultimately returned a verdict for the
plainttlf for the 301. 12e.

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—WiNcazsTza, Dec. 6.

(Mon Mr. Baron Charm*Ll.)

A German mariner, named Adolph Bjornaen' amid 22,
was iodicted for the wilful murder of Heinnett Leonhard
Paul B:lumina. cm the high saes, oo the 21at Juno, 1864.
The prisoner was described in the calendar es able to reed
and write well. The court was crowded throughout the
day, the trial exciting greet public interest An interpreter
was sworn to moist in delineating the evidence.
Mr. Prldesux. with Mr. Montague Bere' appeared for the
prosecution ; sod Mr. T. t; UMW watched the case on behalf
of the prisoner.

Mr. Pridesux. in Maim the case to the jury, said
the Gustav Adolph was registered in the name of a
gentleman named Rader, who was the solo owner thereof.
Hr. Rehder was a German by birth, bat he had
received letters of denizatioe, and therefore was enti-
tled to be the °woer of a British ship. Sint* the prose-
cution bad been commenced a doubt bad Wm rll/ sod whether
the ship was such a morel as to give this court jurisdiction
and hn considered it due to the anion., that this point
should be mentioned. He should agree to put io the
agreement upon which the doubt had arises. There was a
menthol* arm at Hoag Ken, named Ehlers, and they
wee also Germ**, and it would appear that the sh
originall belonged to them, but they bad parted with
their right of proprietorship to a certain extent, to the
Yr. Rehder, but were liable to bear 6-7ths of the lose of
the venture. The ship in question sailed from the port of
London on the 7th Hay last, bound foe Hoog Kong, and
wee making for the moth coedit of South America, in order
to retch the trade winds and enjoy the benefit of the
glorious run there to be obtained. The prisoner was the
mood mate on board the ship. and the unfortunate deceased
was the muter. There were three of the crew who had been
wet over to this country fogies midis*, as witnesses for the
mown, named Petencia. who was the first mate, Rattea,
one of the sailor*, sod a may named Alton, the ship's
atewanl. With the evidence of these men he should en-
deavour to prove the following facts Os the night of the
21st of Jut* the first watch, running front about Ito 12