The Express.
London, England, 1863-09-22 00:00:00

THE POLICE €OURT&

MAN/lON•HOUS

Mr. James Clambers, of the firm of Wilson sad
Dll-
- shipowners, of Leadenhallatnet, known AN doe
White Bier Lima Company, was eammeeed yesterday to
appear before Sir Robert Carden, to answer a complaint
made by Mr. G. W. Mahler, charging bin with a breach of
the 73rd section of the Passengers Act, 1855.

kesiall. of Oray'e-inn, attended to support the
oomp!aint ; sad Mr. Sleigh, barrister, appeared op behalf of
the defendant.
Mr. Westall laid the facts before the court, and it appeared
from his statement, sad the evidence of the complainant,
that the latter had for the last fifteen yeah married on the
profession of a solicitor at Long Ashton, near Bristol, and in
August last he made up his mind to emigrate to New
Zeeland with his wife and family, sod with a view to that
end be went to Masan Wilson and Co. to treat with them
for a pewee° for bianelf, wife, and six children in the
Chariot of Fame. He was informed that he could have
three cabins (Nos. 8. 9, and 10) in that vessel, and was told
the pries. Moan. Wilson telegraphed to him the neat day
asking him to say whether he would accept the terms, mid
he mot word back in the affirmative. Mr. Nader after-
wards came to London, mid paid half the passage mosey,
1781. 15a.. sea deposit, and received the contract sots, which
specified that the balance was to be paid on the
14th of September, the day previous to that which was
specified in the contract note for the vesselito .all. A friend
of Mr. Raider's, who happened to be on board the vessel a
day or two afterwards, heard some talk shoat troops being
taken out in her, and immediately wrote Mr. Nader to
that effect, and that gentleman telegraphed to Mows.
Wilson to know if troops were to be taken out is her, and
received in reply a letter stating that the Chariot of Fame
had not been taken by government, but it had been ordered
by government to be surveyed for the taking ontof stores.
This letter was dated the 2nd of September. Oa the sth of
September Mr. Nader received soother letter, stating that
the vessel had been offered, but had not then been
accepted by government for the conveyance of troops
and perhaps might not be. On the 7th, however,
he received a letter from a Mr. Shute, Maseru
neat in Bristol, lemming him that I
the Chariot of Fame had been engaged by government to
take out troops to New Zealand, and thatpss.agne for him-
self,
and wife, arid family would be provlded in the ship
Alooats, the raw being all the same, except the saloon,
which was full. Mr. Nader declined to swept them, the
Aleciate being only a third of the tonnage of the Chariot of
Fame, and the Saloon being fall, and at the same time he
did not with his family to go in a 'easel which was full of
troops. He wrote to his solicitor, who communicated with
Messrs. Wilson, and, under Mr. Nalder'e instructions,
asked for the return of the deposit of passage money which
had been
vcid, together with 2001. as damages, Mr.
Nader ha sold his business sad property in baste,
at very great isadvantage, in order to go out by the Chariot
of Fame, and had nowhere to put his family or furniture,
which he had packed up to take with him, sad had been put
to very great inconvenience and expense. In answer to this
letter, Items. Wilson replied that Mr. Nader was tinder
great micipprebeseioe. The three rabies—Noe. 8,9, and
10—in the Chariot of Fame were vacant for him, and
Messrs. Wilson requested that he would occupy them with
his funny and pay the balance of the 16=1;tiolulil letter Mr. Nesiall contended was in direct to
one which Mr. Milder had previously received, whisk stated
that the venal had been tales by government,
and placed the vessel Akcate at his disposal.
Mr. Nader supposed by that letter that he was
to take some other *hip, end that was to be the
'Mooed& Mr. Nader, on getting this meter,let west to
the Admiralty and found that It wasectly impossible
that Mr. Chambers could fulfil hi contract, as they had not
even room for a single officer more. The venal too was to
deviate from her original voyage, and instead of sailing, as
was stated in the °entrant note, on the 15th, she could not
even be surveyed until Mooday next, which was a one•
! siderable delay in the proposed time of sailing. Mr. Nelda,
went on board the vessel on the 15th—the day on which she
was to sail—and found her in a state of utter confusion.
Ono of the cabin which were for him was fitted up for the
wife of me of the officers.

Mr. Wedsll mid he was in a position to show, if
secansay, that the vessel was chartered by government
for the express purpose of wavering troops, and no ladies
were going out in her, unless it might be the wife of one of
the often. Be contended tbat upon them facts there were
grounds for Juriedictiae, three breaches having bees
made in the contract. As bad been shown by the cone.
apoodence (which was put in evidence), Mr. Chambers had
disposed of the Chariot of Farms, in which Mr. Nelda had
engaged
o the three cabins, and they had substituted another
which was very much smaller, being only about 639
tons, while the Chariot of Fame was 1,639 tons, or there-
about& The owners had chosen to enter into a subsequent
contract with government, and so deviated Ilium the ori-
ginal contract, and they had caused • delay of at last
ten days, which delay wu not is coosequence
et soy mishaps common to shipping, but voluntary on
the pert of the owners, and he should ask for as ardor
for the return of the deposit money, and such &mega as
the bench might think lit to award, and alluded to a ease
which he said was decided in that court in 1853, in favour of
complainant, and which appeared ie the Shipping Gazette,
is which the owners had advertised a vessel takieg in her
amigo, whereas she was only discharging it, which wou3d
make the vowel much longer before she sailed. The com-
plainant, be said, did not want to make • market of the
&deadest, but he merely wanted to get out to New Zealand
in • ship of his own choosing.

Mr. theigh, in answer to the case, said there could be no
doubt the complainant was a gentleman of the highest
standing and respectability, and as an honourable gentleman
be did not attempt to conceal the fact that be would not
have gone in the name mesel with the troops, hut he thought
he was to blame in acting se ha had done in respect to the
contract be had made, for as • solicitor he toast have
been aware that when be received the contract ticket be
was booed by the terms mentioned in it ; and the terms
had been strictly complied with on the part of the owner
within the meaning of the act, so far as • passenger ship
went, as had been oontrected kw. As far as regarded the sub-
stitution of the Almelo, that was the only mode left to Mr.
Nelda, finding that be would rather sot take his family
oat with troops. Mr. Nalder had said with frankness that
he would Dot have gone in the Chariot of Fame, even if
the cabins had been furnished for him, when be went on
the 15th, and wanted to get out of the contract. His
cheek had fulfilled their part of the metro:it. Letter after
letter bad bees written, until, on the 11th, be was told be
would be required to pay Um balance of the mosey,
and the rabies intended for him were retained un it the 16th.
He contended that the breach of contract was entirely oaths
other side, is not paying the balance of the paseagymoney,
on the date specified in the contract. As to the other two
points relied on by his friend—the delay end the deviation of
port they were Dot grotto& on which in peiot of law his
lordship could adjudicate. If Mr. Milder had been put to
expose by detention of the vessel, that would be a ground
for an action for demagog, including the expellee to which
be bad bees put. The document itself must be looked at
as legal evidence, sad construed wording to law. The con.
tract was that Mr. Nader and bis family should be con-
veyed to Auckland. There bad been no breach of contract
until be bad broken the contract himself. It was no breach
of the contract because the vessel did not sail on the day
proposed ; that wee a cause of complaint under another
section.

Sir Robert Carden said the question was certainly a very
important one, both to emigrants and shipowners, and he
truly felt for the position in which Mr. NaUer was phials&
Then could be no doubt the troops was the difficulty in the
way. It appeared by the correspondence that the cabbie
8 9, and 10, were really sad truly at the disposal
of Mr. Nelda and his family up to the time the vessel should
have sailed. The question that remained ems the impasses
consequent on the delay, which was a complaint provided
for by another section. It appeared to him that it bad all
&Tiro through Mr. Raider omitting to ask at the time
of entering into the ooctraot whether any troops were
Ito go out in the vesseL If he bad dime so, and
was told at the time no, then there would have beep a
breach of contract. 'rde owners had a perfect right
to admit any one they pleased on board the mod, sad the
robins had been roomed odd the 154, which bad been
done as that was the day on which the weasel ~hi to have
smiled, and the contract note stated that on psymest of the
balsam at that date the three cabins would be at hisdisposel
As It was. Mr. Raider did not offer the money, ear did be
say he was going to take possession. He esild diodes the
summate and he wan quite sure that from the respectable
character which the company bore they would not refuse
' to return the Tommy.
Mr. Sleigh said Ls clients would act honourably and fairly
towards the complainant.
Sir Robert said he was quite sure the money would not be
relaiaed, and he thought if Mr. Nobler had gone to the
owners sad stated his objections he would have been met
very fairly.
Mr. Sleigh said if it had not been for the letter demanding
the 2001. and a wait befog served his clients would not
have pursued the coarse they bed done; Ns it was, be should
not think of salting for mate

At the close of the buainese Si, Robert sarioesced that he
had received some more more) for Martha Haulm, who
rem before him some day. beck, read he wished the bare-
'whist public to know that he woo much obliged for the
kids's. shown, bet be theesbt *bough bad bees meat sad
before giving op say of the mosey he should like to make
ferther inquiry into a matter whieli had been brought under
his notice, and hoped be might bare t►e power. if be
thought it right, to gine the whole of it to the poor-box.

TRAMS&

Asksr Gera, a Lkoinr, and JoaaeLieu, a marine
dare dialer, were brought before Mr. Partr the foram
charged with etealieg • bag easteining nee, the property
of hi employer, and the other with holeidosely receiving
the p y well knowing it to be doles.
Mr. Btddart, sebeitor, defended Lying:.
Mr. Jabs Taylor, res smirches; of No. 37, '
Gressoked,
Stepney dated that es Saturday, the 124 about
ssid-dej he t kin sea Gates with 41 beie of a. to tie
Itenth Oder Railway. He sebesquedly seeertai•ed sae
beg bad bees steles. It lad sot bees recovered. Oa
SaindaSet he asked Oates wild he had dose with the
edeliss of lop. Aber nose hesitaties. the primer
said be lost the bag. Re ties laid to list, "Ifew ads
yes to take a pus frost the South beim Railway be
gaol of the getswith the bail they let yes ad with •
al the lad ya cosh* live &Unwed "
Kr prided said weimr to thatto . He egad aidedthere. hid
• did dose dltli the berg of rip. Oates replied :
" I hese asai ; I will lishe yes as the sten& bees' He

1863.

proceeded with Polieenonatable Dunaway, a detective
officer, No. 129 H, to the house of the prisoner Lyons, in
North-street, Battyntreet, t:ommsroial•road. He asked
Lyons if he had b .uglit nue rate of Oates Lyons said be
had bought nothing of the kiln!. On his way to the eta-
tioo•honse Lyons told Dunaway that be had purchased a
esek foU of rags such as those described. He baked Lyons
to show him the rags, awl he said, "No, I cannot do that ;
1 have sold rags of that character since ►hen, last
Saturday." Lynam then offered to pay him for the rags.
Ile refused to accede to these terms. After Lyons was
locked up he went with Dunaway to his premises in North-
street, and searched the place. The rags could not be found.
The value of the hag of rugs was if Ms. Gates said that
Lyons gave him 17s. for the rags, only a little more than
half the value.

In cross examination by Mr. Striddart, the prosecutor said
hs fint discovered a deficiency • day or two after he sent
Gates to the South Eastern Railway. The rugs consisted of
new linen cuttings.
Porter William Dunaway, an intelligent detective officer,
confirmed all the material pans of Mr. Taylor's evidence,
and produced a book of entries, and said there was no entry
in that book of the purchase of ram. Lyons admitted to him
,that he gave the prisoner Gates lie. for the rags, and that he
lied made no entry of the Dutchman his book. In answer
to Mr. Stoddart, the officer said he bad known Lyons five
yews, and believed he had never been in trouble before.
Me beard any complaint against Lyons.
Gates, on being called on for his defence, said—l plead
. .

Mr. Steddart admitted that his client had incautiously
purchased the rags of Gates, and hoped the magistrate
would take into comideration the fact that Lyons had •
large family to maintain, ■nd bad been in business live
years without a complatot being made against him.
Mr. Partridge said this was a bad case—a robbery of an
employer by his servar.t. He sentenced Gates to two
months' imprisonment sad hrd labour. He advised Lyons
to be more careful in fu, ore, sad fined him U.
The penalty was paid.