The Express.
London, England, 1862-11-06 00:00:00

WESTMINEiTER.

Captain Robert Paterson Elliott was summoned for non-
payment of a cab fare of 9s. 6d.
Robert Lawrence, the driver, laid that on the 23rd ult.
he was fetched from the cab rank near the Victoria-station
to take up at 2, Carlisle-place, Victoria•street. Defendant
and a lady got into thecab. previous to doing which defendant
asked whether he could fetch him back, to which he replied
in the affirmative. He conveyed defendant and a lady to
71, St. George's-square, Pimlico, and on alighting there the
former told him to come for him at ten minutes past ten.
He returned at that time and remained waiting till five
minutes past eleven, when the defendant. another gentle-
man, and the lady got into the cab, and the extra gentle-
man having got out in the Vauxhall-bridge-road, deers.
dant and the lady were taken back to Carlisle-place.
Defendant then tendered him 3s. 6d. as his fare, but he told
him that he wanted four or five shillings, as he had not had
a job since he set him down. Defendant said that he had
given him lid. more than his fare, reckoning the conveyance
to St. George's-square and back, the waiting, and extra pas-
gouger. As he refused to receive the 3a. lid. in discharge
of the fare, defendant desired him to return it, which he did,
leaving him to his remedy. Complainant was hired at
twenty minutes to sever, and discharged at a quarter past
eleven, and his legal demand, including lid. for the extra
passenger, was 9a. 6d.
Captain Elliott, in answer to the complant, said it was true
that he asked the complainant if he could come and fetch
him from St. Georges's-square where he had gone to dine, but
he never contemplated that he was to be charged for all the
time he was there. He thought that in the interim the man
would take other jobs, and that it might suit his purpose to
call at the appointed time to drive him home.
Mr. Paynter said that the question war whether the hiring
was continuous, sod as a rule it had been held that when
the driver was not paid when he first set down it was.
Captain Elliott repeated that he did not engage him for
the whole time, and suggested that there was nothing to
show he had not taken halfa-clozen other fares in the
interim. . .

Mr. Pavnter said the cabman was a public servant, who
wasbound to go wherever he was directed. The duty to be
at a particular place at a particular time would be incom-
patible with other engagement. ; if he let his cab for hire
during the interim be might be ordered to another end of
the town and there required to wait.
Captain Elliott said that his undertaking to fetch him
home induced him to think it wouldsuit uu. He had the
option to decline.
Mr. Paynter observed that the only mods of discharging
him would have been to have paid him at St. George's.
square. Neglecting to do that, the cabman, according to
the practice of that court, was still deemed to be in his
service, and was entitled to receive the amount he claimed
for time. la a recent case when a cabman set down at the
House of Lords, and waited for ten or twelve hours, the
hirer was ordered to pay it. The first contract did not ter-
minate unless the man was paid. Telling a cabman who was
unpaid to call again operated as a retainer.
Captain Elliott pointed out that when the complainant
was at Carlude-place, after taking him home, be only de.
mended four or five shillings, and had now summoned him
for double the amount. He suggested that there must
be surely something wrong in that.
—. ' beim, - - admitted that he would

• barman at the Pigott Arms, who attended upon the
prosecutor while be wee there, and put him into the cab
which conveyed him to his borne. The prisoner was taken
into custody on Friday. Nod brought before Mr. :icife.
There was then no evidence to justify a remand or coin.
initial, and Mr. Belts discharged the prisoner, and told the
police to arrest him again if evidence could be obtained.
On Tuesday Inspector Beare, of the K division, received private
information detailing how the commercial traveller had
been treated inthe Pigott Arms, who committedtheirobbery,
and where the stolen property was to be found. Inspeetor
Bears immediately despatched a policoconstable, No. '213
K, to the Pigott Arms, and the prisoner was again taken into
custody. On searching a small closet where rags and rotten.
stone wore kept for cleaning the bar, the officer found tie
missing calf skin. He then demanded the key of the lei•
Boner's box, which was given to him, and upon unlocking it,
he found, among his clothes, the prosecutor's gold chain.
Mr. Woolrych—How long has the prisoner been at the
Pigott Arms?
Inspector Beare—Abont six months, sir. If the prisoner
is remanded I shall be able to produce the person of whein
be bought the copper gilt chain which he substituted for
the gold one.
Mr. Coleman identified the gold chain and calf skin pro-
duced as his property.
The copper gilt chain wu produced. It was similar in
appearance to the gold one.
After a rigid croas•examioation of the prosecutor by Mr.
Btoddart, the prisoner was remanded foe • week.