The Express.
London, England, 1863-08-12 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CROYDON, Aturer 11.
(Before Baron Bramwell and special juries.)
BOVILL P. THE BRIGHTON AND ram= RAILWAY
COMPANY.
. -

Mr. Lamb, Q.C., and Mr. Watkin Williams were for
like 'delete ; Mr. Hawkins, Q.C., Mr. Waller, of the
equity bar (specially retained)), and SirG. 11.myroso were
fee the defendants.

The plaintiff in this cue is an engineer. He
said the defendants upon an agreement by which he was
*gated to negotiate and conclude a contract for them with
&r Morton Peto and Mr. Betts for the construction of the
defendants' line for 2.15,000/., for concluding which be wee
to be paid a commission of NW., and the bnach of contract
complained of was that after be had concluded the contract
with Ne 141711. Peto and Betts, the defendants repudiated his
authority to enter into it for them, and refused to complete,
and thus prevented him from earning his commission.
After the pleadings had been opened by Mr. Wattle
Williams, the couneelon each side entered into a negotiation,
the molt of which was that the defendants submitted to a
mrdict for the plaintiff.

NORTHERN CIRCUIT. —l.lvEßrosm., Avocsr
10 As D 11.
Nisi Prism Court.—(Before Mr. Justiee Mellor.)
LEINTIOLLE T. PATON-SANE r—tar - ACTION AGAINST
THE CAPTAIN Dr Till GREAT EASTERN FOR ALLEGRO FALAZ
111PROIONMENT
• •

The first of these actions was against Captain Welter
Pekoe, the commander of the Great Eastern steamship : the
sseend us against Mr. L. Archdeacon, the parser, and they
were tried together, out of turn, to enable the big ship
to leave the Mersey on Wednesday. The record
charged an assault and imprisonment in an ill-
outdated place on board ship, for which damages were
claimed ; and there were counts in trover and &tisane for
goods ad money, to which pleas were entered of not
guilty, never indebted, &c. ; • special plea that the first-
aimed defendant was in command of the ship, and that
the plaintiff, as steward on board, extorted money from
the passengers ; and • plea of justification, namely, that
the plaintiff being suffering from delirium tremens, it was
necessary, in order to prevent him doing mischief to him-
self and others, to put him under restraint. It appeared
that in May last the plaintiff, who had been a steward in
the Inman line and other steamships, signed articles as
(hist steerage steward on board the Great Eastern, at the
ante of It. a month. He commenced duty on the 2nd of
that month, and on the 13th sailed in the ship, which had
1,020 passengers on board, of whom 500 were in the
stowage, for New York. The muter-at-arms. on the 20th
ray. summoned him before Captain l'aton, charged with
*alerting money from passengers. After the inter-
view he was removed to a place near one of the paddle-
loxes, clue and ill-ventilated, where he was put in confine-
gunk Next day, at eleven o'clock, he was again summoned
before Captain Paton. The charge was repeated, and the
plaintiff, who dinged its truth, was ordered to be kept in
dose confinement until he could be taken before the British
Omen' at New York. Mr. Archdeacon and the chief officer
were directed to see the plaintiff searched and put in coo-
lownent. On this being attempted, plaintiff said, " Haul-
lest whet you are doing. It's as great an offence to rob a
31311 M of his money on the high seas as it is on shore." The
chief mate thereupon went away. Three petty officers were
called to the aid of the parser and muterwtarms ; by force
the plaintiff's pure and money were taken from him; after
this he was left in confinement until May 23, when, having
suffered in health, he was examined by the doctor, who
ordered disinfecting fluid to be used in the place used as •
prison, released from imprisonment, and pet to do mull
work. Plaintiff, sou to preclude a charge of insubordioa-
ties, did this work until arrival at New York on the 27th,1
sad on the return voyage to Liverpool, where he was paid
his wages at 5/. • month, without deduction.
In cress•examination he admitted the receipt of about If.
in gratuities, not extorted, for putting pentagons into better
berths.

Witnesees spoke to the plaintirs sobriety, and the chief
steward, Ming, proved that Luttrell did his duty pro-
putty before the imprisonment, and afterwards appeared
%tally unfit for work.

TN; Attorney-Geiaial of the county palatine (Mr. Ed-
ward James, Q. 0.)., on the part of the plaintiff, condemned
the captain's illegal exercise of authority.
Mr. Brett. Q. 0., replied that the question wan whether
W captain should bare authority to put an end to the mid•
practice of fleecing emigrants of their last shilling, and to
propene discipline in a crew of 420 men.
His Lordship denied that this was the isms on the record,
which was whether the captain should have authority to
imprimis the man. lie added that he should read the plea
to the jury, and ask them whether it had bees proved.
Oaptain Paton was examined, and he deposed to eliciting
that 511.3 a. bad been levied upon 23 passengers, in sums
verying from 2.5. 6d. to 11., and that the poison used wax an
eriesary state room on the middle deck. He had the money
Wended.

The punier gave corroborative evidence for the defendant ;
cod Mr. F.. P. Jones, the surgeon, proved that the plaintiff
led suffered from delirittni tremens, producing his daily
medical reports to that effect.
Mr. Brett, Q.C., made an eloquent defence of the captain.
who, he asserted, had only exerted his lawful authority for
the general good of the passengers, whom it was his duty to
protect from extortion or ill-treatment on the part of his
*Moors acid t raw.

At the suggestion of the learned judge, a juror was with-
drawn in the action against the purser.
After Mr. Deighton had replied,
His Lordship, in summing up, said the considerations pre-
sented on both sides were of the deepest importance, not
duly to Liverpo3l, but to every emigrataire port. A eaptain
was entitled to do everything necessary for the preservation
et order and discipline and the safety of the ship, crew,
sad passengers ; he had no authority to punish,
se Captain Paton had himself stated ; and the
jury would say whether the captain bad acted bona fide
...a reasonably, or harshly and oppressively ; if he had
punished when he was only entitled to restrain and prevent
—a very material matter to keep to view with reference to
the damages—and if the material allegations in the plus
were proved. It was vary important as regards the interests
of the public and the crews of ships, that acts of injustice
sad tyrannrshould be heavily visited, when made out, but
sets but L& honest, even if mistaken, should be visited in
a vary differsat manner, and in that cue the jary would
net weigh the conduct of the captain in very nice scales.
The jury found a verdict for the plaintiff on the first and
Ward pleas—diuna7,es a farthing ; on the second plea—
damages 40r., besides the 4f, lies sd. taken from the