The Express.
London, England, 1864-09-08 00:00:00

SEPTEMBER 8,

MIDDLESEX SESSIONS.

(Won Mr. Sorjeant Gassier.)

Thomas WA yman wu indicted as follows :—On the 17th
of August, between 8 and 9 o'clock is the morning, the
driver of the 8.25a.m. train from Enfield to Loden, when
travelling near a curve on the line close to Mr. Ellie's occu-
pation, crook% between Enfield and Edmonton sutious,
observed a art-horse running upon the line io the direction
of the train that was approaching. He whistled to direct
the guard of the train to apply his break, and be shut off
the steam and reversed the engine. The life guard or pro-
jecting irons ie front of the engine, however, struck the
horse while the train was still in motion and pushed it along
the line for about 190 yards, the animal's body getting en-
tangled with the front wheel and lifeguard until the train could
be stopped, which was done as quickly as possible. The train
was travelling, when the driver first sew the horse, at the
rate of about Similes an hoar. but from the position of the
line the driver could not see the obetruotion for more than
, about 160 yards. The driver saw no an who appeared to
be in charge of the horse. The guard of the train, hearing
the driver whistle twice, immediately put the break oe, and
looked out of his van to amentaie the cause, when he saw •
horse's heed against the wheel of the engine. The train was
stopped within about 200 yards from the place where the
horse was struck by the engine. On the train coming to a
standstill the guard unscrewed the life guard of the engine
and removed the horse, which wu then dead, from the
line. It further turned out that the prisoner and a lad
named Howell had been sent that morning by their master,
Mr. Ellis, to fetch a hone belonging to Mr. &coke out of a
Sum field adjoining the railway. It clearly appeared that
it we through the prisoner's gross carelessness in opew:eirii
the gates of the creasing before the horse was
that it got open the line, am it was his duty to
catch the hone in the field first, and to keep the gates of
the creaming cloud until that was done, or to place a person
on each side of the crossing to prevent the horse running up
or down the line. The prisoner, however, opened both the
gates while the hone was loose id running at large, and he
tookno precaution whatever to prevent it getting on the line.
It wee stated that the act cowhand of was one calculated
greatly to alarm those in charge of the train, and was
fraught with the utmost danger to all travelling by it, as had
not the life guard fortunately protected the wheels of the en-
gine as it did, the train would in all probability have been
thrown off the line, and considering the speed at which it was
then travelling, the convequoaraa most have been moat
disaatrons to the lives and limbs of those being conveyed by
it, as there wu no doubt that the train had a very narrow
escape.
Mr. Metcalfe said the company felt hound to prosecute
in this case, with the view of ensuring sa far as possible
the safety of their penmen but without wishing to press
the matter unduly against the prisoner, who appeared to
have done what he could when too late to remedy his great
want of proper precaution.
The facts having been proved by Thome' Smith, engine
driver, Hewitt Rate, guard to the train, and James
Howell, the boy,

The jury found the prisoner Guilty.
Mr. Metcalfe said it was no desire ou the part of the Great
Fasters Railway Company to press the court to punish the
r, but to protect the passecgers on their line, and to
pruner,
a caution to all persons for the future against doing aoy-
thing on the line which might lead to the most dreadful
consequences.
Mr. Serjeant Gaselee, adopting that view. ordered the
defendant to enter into his own recognisance, in the sum of
BM to come up for judgment when called upon.

TBi INDECT3T ASSACLT ON TEE RAIIIMISMITR RAILWAY.
John Barter, 45, of No. 40, Arlington-street, Morning-
toe.cresoent, was charged with indecently assaulting Ellen
Scott in a railway carriage on the Hammersmith Railway.
He surrendered in discharge of his bail.
Mr. Clark prosecuted on behalf of the Great Western
Railway Company ; Mr. Sleigh defended the prisoner, who
pleaded not guilty.
The pertioulars of the ease have already appeared.
Evidence having been given,
Mr. Sleigh addreseed the jury on behalf of the prisoner.
He said he was glad his client had pleaded guilty to a com-
mon assault. There could be so doubt that the prisoner
had been drinking all that afternoon. and did what be
would always be very sorry for. He (Mr. Sleigh) endorsed 1
whas Mr. Clarke, bad said, that this was a meet important !
case, and if the Great Western Railway Company had not
prosecuted the prisoner, they would have been guilty of a
great dereliction of duty. He might say the company did not
seek for scything like vengeance, they only wanted to keep
their carriages pure and to protect the public from insult.
His client was a man in highly respectable employment—
he would not mention the firm—and he would call a whole
host of respectable persons who had known the prisoner
from childhood, and who would give him au unexception-
able character for sobriety and moral conduct. He denied
that his client put his hand in an indecent manner upon the
prosecutrix. At the same time he bad all along confessed
to conduct which be was sure he would regret to his dying
day. And even if the jury only found a verdict of common
amain it would occasion him to be pointed at by every de-
cent person.
The learned counsel then called about a dozen witnesses,
who gave the prisoner an unexceptionable character for
bosesty, morality, and sobriety.
Mr. Serjeut Gauls* then summed up the evidence, and
said this was a most serious offence, as well for the public
as the railway company. If the jury were of opinion that
the prisoner put his hand under her clothes at all that was
an indecent assault. If they thought there was any doubt,
they would then take into consideration the good character
the several witnesses had given him. They had heard the
evidence, and it was for them to say whether or not the pri-
soner wu guilty of assaulting the prosecutrix.
The jury consulted, and after deliberating for a few mi-
mutat, returned • verdict of Gitikv, but strops!), recom-
mended him to the mercy of the court on account of his
previous good character.
Mr. Clarke said the railway company had noobject is paw-
ing for severe punishment
Mr. Sleigh said after that he hoped the court would deal
mercifully with the prisoner, and inflict a fine, for if the
prisoner was sent to prison be would be utterly ruined.
Mr. Serjeaut Gaselee, in passing sentence, laid—The jury
have recommended you to mercy. and the railway company
have stated through their counsel that they did not wish for
severe punishment, as they only wanted to keep their car-
riages pure. Unfortunately for you these occurrences are of
great frequency, and but for the recommendation of the jury
I should have given you a sentence that would have
astonished you. It was absolutely necessary that an example
should be made to deter others from committing the like
offences. Everybody now a days was crying out for pro-
tection for their wives and children against insult in railway
carriages, and taking all things into consideration, the
sentence of the court upon you is, that you be imprisoned
and kept to hard labour for six calendar months.
The prisoner, who seemed astonished at the sentence, and
who was much agitated, was removal.

THE POLICE COURT&
MA.\SION•HOUSE

Daniel Chrialopher, described as a clerk. residing in
Gloucester, wee brought before the Lord Mayor, in custody
of Serpent Webb, on a warratitchargiag him with feloniously
and maliciously sending • letter to Mr. Thomas Duck
Hopper. merchant, of Eastcheap, threatening to shoot him,
he knowing the cootents of the same.
Mr. Sleigh ted.
ft appeared from Mr. Sleigh's opening and the 'sidearm of
the prosecutor, that Dome time siooe Mr. Hopper had in hie
establishment a gentleman named Jones. who at his death
nominated him as one of his executors. Mr. Hopper. accord-
ing to a promise made to Mr. JOINS on his death bed, had
behaved with some kindness to the widow, and had advised
her in matters where she needed it, and she at bee death left
both Mr. Hopper and his wife a legacy of 10/. each. In the
beginning of August the prisoner called at the office of the
prosecutor. and mid he was Daniel Christopher, nephew to
the late Mrs. Jones. sad that he had come to inquire about
liar will. The prosecutor told him be used nob have goes to
him for it, as the solicitor had sent him•oopy of it. Upon
that the poisoner left, and on the 9th August he went again
to Mr. Hopper's office, and said Mrs. Hopper bed been left
• legacy, and he thought he ought to have it. The prose-
cutor told him that was his aunt's business, and the
pri-
soner demanded the reason his aunt had not left him any-
thing, and he told him he perhaps knew best why it was ;
end as the prisoner pressed the question be told him be
believed it was because his aunt did not think be was
worthy. The prisoner then said be, Mr. Hopper, had a
legacy of 10/., and in • very insolent manner said he had
better give it him. The prosecutor declined. and the pri.
sprier became very excited, and said he (Mr. Hopper)
should die, sod it would not be loon first. and he would me
him at his death. The prisoner then left, and on the 13th
August the prosecutor received from him • letter, dated
from Gloucester on the 12th Aug., which contained • para-
graph to the following effect:—" T. D. Hooper—Robber,
You old mooned/el, you were not content with the money
you robbed my uncle of during his lifetime, but you
played your cards upon my aunt. You took her out in
your carriage and fed her with brandy, knowing her weak.
Dada and took my share of ber money. I mlled on you to
me if you hod • spark of feeling ; bat found you had none.
I give you fair wafting that I inked to shoos you. lam no
assassin, but shall be quick on you. Look out; be pre-
pared with a revolver, sod when I call out ' Hopper,' you
must tura roiled quick and shoot at me. You shall have
first fire if you like, but you shall die afterwards." Mr.
Hopper took no notice of this letter ; sod on the 3rd of
September he received another letter, which was enclosed
in one from Mr. England. of the Usioe, Keynsham, which
was also from the prisoner, and • portion of it ran as fol-
lows :—" The late Mr. and Mrs. Jones's nephew informs
you tha won as possible, he will come to Loudon
it'd willt, *sill on you at Eastehesp, as stated:
Fore-warned is forearmed, so be reedy with •
revolver, as I shall. Yon have the Areal. There will
be a duel fought without saccade. You shall have fair play,
for I cannot be an assassin ; but will scatter your brains
from under your white hairs as sure as the sun shines."
Upon this awarrant was applied for, which was granted, and
in the bands of Sergeant Webb for aseentioe, and
placed
to Heynsham, in Somersetsbire, and toned the
prisosser in the union there, where he bad bees placed, hay-
ing been found suffering from delirium tremens. Mr. Eng-
land, the governor, pointed out the prisoner to him, and be
reed the warrant, and told the prisoner he should take him
beck to Leedom. Wben in the Pittway carriage, the pri-
mmer rid he sent the letters, sod had a great deal to settle
with Mr. Hopper. which he would be sorry for, sad said,
"Yea don't wan to say that that old scoundrel has takes

1864.

the law naiad me. He haa robbed me and other
pawns u well. He took my aunt oat and drugged
her, and mede the will himself, and got some one
else to witness it, and robbed him oat of all she left,
and was &greater rogue than nay coo thought for;" and the
prancer concluded by wring that he would seater his
brains over hie shoes as sure aa he had a head on hie
shoulders. _ _

Thin constituted the cue against the prisoner, who when
the prosecutor got into the witness-box was so greatly agi-
tated that he was obliged to sit down. He bore himself
somewhat peculiarly during the whole of the proceedings.
When asked if he wished to say anything, he said be was a
fool to think such an old rogue would accept the challenge.
He had been too merciful to him. He (the peceiecutor)ought
have been hung long ago if he had his desert.
The prisoner was committed for trial.
CLIIRKENWELL.

I ilk. Thomas Smith, gold and silver ohain maaufsstnrer,
of 2.5, Woodbridge-street, Clerkenwell, appeared before Mr.
Barker to answer an toformatiou made upon oath by Mr.
William Baker, of the well.knowu firm of Parker and
Stone, gold and silver chain manufacturers, of Myddlittoo-
street, Clerkenwell, under the act 5 and 6 Victoria, to con-
solidate and amend the laws relating to copyrights of de-
signs for ornamenting articles of manufacture oontrary to
the statute, &c.
Mr. Lewis, of Wilmington-square, solicitor to the Pre-
cious Metals Association, attended in support of the com-
plaint ; and Mr. Thomas Wakeling, of Great Percy-street,
Clerkenwell, for the defence.

The defendant, upon the suggestion of Mr. Wakeling,
pleaded, "not guilty.
Mr. Lewis opened the race at some length. and said the
complainants in this cue were wholesale jewellets of greet
notoriety, and the defendant bad formerly been in their
employ u a workman, but about six weeks since had left
their employ, and having entered into partnership with
another of the complainants' workmen, had now com-
menced business on theijown amount. The complainants
were the registered owners of a design for a gold chain,
known in the Made as the Alexandra. That design was
registered in March, 1863, by the complainants; and at
that tune the defendant was in their employ, and was well
aware that the design had been registered, and that he had
no right to use it without the consent and sanction of the
complainants. This chain, the subject of the present claim,
had been made solely by the complainants, and its mile had
been a great mimic He might state that the fast idea of
the design came from a Frenchman, then in the employ of
the complaisant', but who had now left, bat it was not
until a great deal of time and labour had been exed on
it by the complainants that the pattern was comp and
protection waa:obtained for it. The present proceedings
were taken under the 7th section of the Design sod Regis-
tration Acts, sth and 6th Victoria, cap.. 100, and by the
IGth section the protection of the register was made evi-
dence.

The register, numbered 169,806, and dated March 24,
1863, having bean put in,
*r. Witham Parker, a member of the firm of Parker and
Stone, gave evidence confirming the foregoing statement.
The Alexandra pattern registered he got from a Mr. Boutin,
a Frenchman in their employ.
Mr. Wakeliog having admitted the sale of the chain, the
subject of the present complaint,
Mr. Edward Watson, of King-street, Cliespside, gold-
smith and jeweller, said he had been in the trade many
years. and never saw the Alexandra patters before it was
introduced by the complainants.
Mr. Lewis said that was the calm on behalf of the com-
plainants.
Mr. Wakeling said it would be necessary to have an ad-
journment, and he might state that he had a clear answer
to the cue, and that it was his determination to pot Bosom
into the witness-box. He might also state that he should
shape his defence under the sth section of the act.
Mr. Barker adjourned the case for • week.