The Express.
London, England, 1855-02-23 00:00:00

Lab) inttilteenct.

moss vus•tuatan
nv TIN MATTIS 07 Till

GRAMMAR SCIOOL.

MTM
argesteate having been coseleded,
His Holum gave as elaborate jtersre
asps either the scheme proposed by peolosos tke
osbosi, or that by the Attorsey-Gleassal. es to lb, sossap-
=
aof children from religiose instassidss whets panels 0.-
, sad leaving it to the passim. sad the Wasp of the
amass to maks inch roles as thry lboosbt bees. sessediag
Is As charter. If the parties were dlssatided web tbsso
raise, they might !apply for a whams, or possibly to the
legislature for a special sot of porllaissal. as bad bees does
la sae coos with awes..

COURT OF QUEEN'S BENCH.—Fas. 22.

OTTUMWA AT PIM TIJOAAT •

AND IIt•CIAL JVWX.

LIMLD PWILL

SPIILMAW IP. THI 00113111101 AND CO . OT THE
!ANL 01 12101.4/11D -301111 T Or 310T111.
- -

The jury rebutted e verdict io this ease, at balf•paat
twelve last night, verbally in favour of dm defendants ; bat
Lord Campbell gam the plaintiff leave to move.
NON-ATTANDANCI OP IPICIAL Jl7lOll.
Tbla morning twelve special jurymen were axed 101. sub
for noo-attendooco.

VRAICT V. DVIII.—SLANDIR.
This was an action brought to recover compensation la
damages for certain slanderous words lased by the dales-
dant of sod concerning the plaintiff. Defendant pleaded not
guilty, and justification.
Mr Servant Shoe and Mr. Carrington appeared for the
plaietiff ; Mr. M. Chambers, Mr. Edwin James, and Mr.
Ball repnweated the defendant.
It sprinted from the statement of the plaintiff that he
was master of the workhouse of East Stonehoase, Devon-
shire, and afterwards became master of the workhouse at
Lambeth. where there were from 900 to 1,200 pauper,' and
generally 250 a day sick. Previous to August, 1864, there
were straw mattresses in the workhouse, and there were
than • rest many cholera came. Whets the inmates were
taken ill they were placed in Sock beds, but the pennies
was attended with such inconveniencie that it became as-
clammy to barn the beds, and the ster.ch is doing so was es
offensive that it became dangerous. The plaintiff asked the
odium what would be a good substitute, and la louse-
queue of their advice straw beds, different to mattress's,
were introduced. Such bads were used at the workhouse
at Norwood and at Bast Stonehouse without iamieveniences,
sad with the consent of the Poor-law Comanissiesers. There
was a good supply of blankets for the nee oldie pers. The
defendant was the medical °Meer at tha wasitheuss, and in
August he only attended eight or nine thsta. The plaintiff en-
treated him to attend more frequently, but still Mr.Dease, the
defoodsat's &mistime, continued to attend for him. The de-
Midst's gave no orders for beds before the fed of August,
and on that day be came and shook hands with the plain-
tiff. lie then went to the women's side of the hones, and
returned greatly excited, saying, "Are theee straw beds
ordered by the guardians ?" The plaintiff answered they
were sot, hut in!roducod by himself. The defendant then
said, if they were sot immediately removed he would
king in • body of pollee, and have them roamed,
and be would briak4ths case before the guar-
dian.. The plaintiff ni he wished he would do so. The
defendant then wentdown the passage and cried eat "You'
are inurdeiriag these people ; yea are a brute and a monster,
and not fit to be a master. and I will do all 1 can to get you
tuned out." The plaintiff entreated him not to ass such
hawse in the hearing of the inmates, and went bank to
us aim, where the defendant followed him, and where
the were several gaudier'. The defendant repeated the
wink several times in their bearing. From forty to fifty
iinelee died during the day. They had come in in a
digolarshle condition. The defendant was called from
in MIS a patient who was seated on a chair, and who
neasendond to the cholera ward. The plaintiff asked him
his name, and requested the defendant to attend him. The
defendant ordered the man to be removed immediately, but
the plaintiff asked him to wait until! the ticket could be
made out that would let the relations know where he was.

T►~ defeudeat thew shook the ehair on .rhieh the ms 11;

and on the plaintiff requesting him not to do eco he ran
towards the bedroom door. After the plaintiff had taken
the particulars of the rick man, he went up to the defen-
dant, who, at the plaintiff's request, saw the patient, and
ordered him to be taken to the cholera ward. The defen-
dant then mid, "You will murder that man as you have
the others." The defendant never made say complaint
that day, and this ration bad been brought to remove the
imputations net upon the plaintiff by the defendant.
The plaintiff, in his crose-ezusination, stated he nool-
bend shutting up a woman named Males, but he did not
know she was a loutic or dead. He placed her in the
medical room, net la the post-mortem rout nest to the &a-
buse. He bad shut her up in arooat is the daytime when ,
It • had known dead bodies to have been esamised. She 1
getout of the window about 4 o'clock in the afternoon. He
Ind no idea there were six dead bodies at the time is the
dead-house nest to the room in which she was. He did not
see whether there was coy aseontodatios is the room for
her to tit down upon. Sue was very unruly. He bad
never heard, before this action was brought, that she was
of weak intellect. The defendant gave his opinion before
a magistrate that she wu insane. She was called "The
Flying Dutchman." She was taken before the magistrate
for braking out of the strong room. It was on the Friday
or Saturday beton the 22nd of August that he ordered the
straw beds. Mrs. Palmer bad not told him that Mr. Duke
objected to the patients being removed from Soak to straw
beds. Mr. Beale had not said that putting the patisota on
straw beds was oontrary to the orders of the medical °Meer,
nor bad he said that if a woman died on *he straw bed the
plaintiff would be responsible. The defendant did tot
say, before Mr. Churchill and Mr. Evans, that his
orders had been disobeyed. When the man (Forbes)
was brought in he seemed very 311. He was put is the
hall, on a warm mat. There was no perceptible draught.
He had so idea that ths man had the cholera. The deign-

-----
dant did not say that the particulars might be taken when
- the man WM in the ward. The man was not detained five
minutes. When the defendant ordered him to be removed
he was immediately obeyed. If there wen any detention,
it wagon the part of the medical °Mom
Sevenl witnesses having bees examined on behalf of the
plaintiff,
Mr. M. Chambers, fur the defendant, submitted there wu
so eass on the part of the plaintiff. It was the duty of the
defendant to attend the sick, and having canes for eons-
plaint, he expressed himself in language that was privileged.
Lord Campbell said the case had better go to the jury.
Mr. Chansben then addressed the jury for the defendant.
This was a ease of the greatest importance to the parties
and the public. Here was a gentleman of groat skill and
humanity, who bad acquired the confidence of the guar-
dians. He was allowed to appoint a deputy, who was a
gentleman of skill and ability, and therefore the complaint
of non-attendance fell to the ground. He contended that
the medical officer was the proper person to determine
what was requiei'e for the paupers, end although be might
have used strong language he, wee induced to do so
from the most humane toelinge. The defendant denied
using the word " murder ;" but said be did, in a moment of
irritation, call the plaintiff " a brute and a monster ;" and
so be considered him to be, as he had, contrary to his direc-
tion, placed the cholera patients upon straw beds, instead of
upon flock beds, which were warmer.
Mr. Thomas Duke, the defendant, laid he had been in
pretties fifteen years, and bad been nearly all that time
medical officer of the Lambeth Union. He had • great
many patients. The cholera was raging in August
in Lambeth. He sent a message on the 20th to
the plaintiff to have the beds removed. Oa the
22nd he went to the union, when he saw the plaintiff,
and asked him to remove the woman Mary Simpson to a
flock bed, and he did so. Several woman were on straw
beds, and be was told that it was by the order of the plain-
tiff. He went to the plaintiff, and asked him to remove the
straw beds, which he refused to do. Several of the guar-
dians then came in. and asked what he was saying to the
plaintiff, and he said that the master refused to allow his
orders to be obeyed, and it was a sionstress cruelty for the
master to act so.
Several witnesses baying been called on the part of the
defendant,
Mr. Chambers summed up the defendant's evidence.
Mr. Oedema She* then replied.
Lord Campbell, in summing up, said that the words were
sot justified, but he thought very small damages would
answer the justice of the case.
The jury found • verdict for the plaintiff, damages 40e.

SITRIPOII ni

The court met to-day by special appointment at West-
minster, and delivered judgment in four erase previously
argued, in the special and demurrer paper. The points
tamed Were of a purely technical character, aid destitute
of interest to the general reader.

SECOND COURT.
SITTDISS AT 11111 TUTS AT lITILDIO

MIL RIM= XI

LIT' O.

• 1111113177.111

Mr. Watson and M►. Horne appeared I. the plaintiff,
and Mr. O'Malley and Mr. Denman for the defendant.
The plaintiff, a wine merchant, brought this attire semi.
sally agaieit the clammiest, who last year was High Sheriff
of Serrey, bat is reality against • sheriff's °Mem named
Mee•e, for not ezeenting two writs while ►ad bees direstog
by the plaintiff to be hewed is Odeler, 11161, sgairt a per-
son naiad Stowell, be TOL, sad sae/bee, Frew. ice
431. The dshademe visaged reel Oily, sad Mate sad

It tiptoed tist the pee 'ties spirt Mist the write were
lessee woe seemesi d morel besets sad a Meth, which
they used
to
die
will
of beessmasebip, esi Item was
seat dews to Ouslioripoll fair to 'mete the writs. He
sameted is ebsikeiss messaiee but Ito did sot resieve tho
=. He skewed the to coatiase, aid
Ike es Inkier" at deer, to the moms of 81.
site he tibith ht had set sesissted. Thay Um west to
Creyies Mt shoe Meese spit Mk the Lotozir to the
mews' et IR, whisk be bail set pail to the
TM &Mee rtlielkgaitiFawas that Kees. be I—oltig Jos=
Casiberweil with the tits oink, tars
to Mkt the mil that Kea% by bit ISIMIIt
the eat et the teed" asi el" as aim-
emiamlievhig bus Wits est by a messas semi
phisillalmiabesinsi bit deka tad milistiesi
the tisksiest le Villietwe.
hie. JsrNM Me. is semis we lie whims, NA Sot
the deestiost bed inlet H. est 1111. is estwilks
plaid,' war, it we ide 1u is hem blast was Ibe
maw I het It the newsy were sett to the sodomite silk

the SW** et the plaiatifa ages', them they mist dad tee
the delestleat.
The jury immediately Meru& a veediet t m the

OONWAT R POWLIIIO.--oorraanow OP PROPISTT.
Mr. Kamm appeared far the plaiatiff, sad Mr. Wortley
for the dahmient.
The dabbilles raged Net die defiadeat had converted
te kb ant am deg bet habeen to the plaintiff. Ano-
ther rem
the dishadens- likeirreeirfally &tabling
a deg Net. Th. defendaat plaided .at pike.
The plaintiff is seed aerobia% is the Bleckfriere.raul,
mid the defendent is • livery stable beam in the same
beelity. L Oelsher lest the Oda., sill bee Mime to a
mesa based Kamm fur a deg sad and U. The sari was
es the delbminstb pseniless, lane Simpson showed it to
the plaintiff, who rewired to me it a few days afterwards,
wiles tk• ffellmileat eel lie could not show it as he had not
the key of the esaolPhemse. lie subsbeently said he should
net ▪
zt milk it, as he bad • claim oa Simpson for M. O.
eandmes the defendant said that Simpson had
the Out to a Mr. Wharton, a pawnbroker, for
$f late., and that as be was Wharton's agent the plaintiff
weld net have it bless he paid that sub
The defense was that Wharton had advanced 81. 10s. to
Simpson three weeks before be had sold the cart to the
sad that he, at Simpeon's respite, had gives a
wr•
itten undertaking to Wharton not to part with the tart.
Mr. Jostles Erie, in summing sp, said that if the jury
were of opinion that after tha purchase of the cart by the
plaintiff the defendant held the art for him, if so the de-
fendant was guilty of obverting the cart.
The jury were of opinion that after the purchase in Oct*.
her the defendant held the cars for the plaintiff.
A verdict was then entered for the plaintiff—damages,
161.

COURT OF R
MUMS AT En PIM AT

ER.—Fxs. 22.
B.PMZ TAM LOUD CURD

WOW AND ittCLIL

The mut yea eeeepied the entire day in the trial of one
azae, which was of no interest to the general reader.

TOM AT lON

SECOND COURT.
cos.--sooas ma. imam SWIM AND SPICIAL
nano.

CROI7CM V. TEE ORRAT NORTENRX RAILWAY COMPANY.-
?RI " PACIRD PARCELS " QUESTION.
Mr. M. Chambers Mr. Browne, and Mr. lfacsamars.
IN/eared for ate plaintiff; and Mr. Bramwell, Mr. Words
worth, and Mr. Clarke, represented the defendants.
This was as action brought by the plaintiff to recover
compensation in damages from the defendants for refusing,
in their capacity of " common carriers," to deliver certain
goods which bad been given to them for that purpose
within • releasable time ; and that they refused to carry the
said goods without an additional charge. It ap-
peared that small parcels are collected by the plain-
tiff cad his various agents at Merest places
throughout the country, by them packed into
large parcels, eslbd " peeked parcels," and forwarded
to their dea where they are sorted and distributed
to WSe sderffisa, eet they are • add:eased, By this the
plaiatlitsavd emaiderahiy ea the carriage; bet this mode
of ereadneffies bit inelemn led involved him in no lass than
twenty Millarsat settees with midges railway companies, in
most of whisk he wee vieteriem The plaintiff is this case
htd forwarded • " peeked wear to his agent at Leeds, a
Mr. Watesa death, wise talueed to joy ea additional de-
mead e<. fie. 71., the peeps, rate askew baying been pre-
viously *ilia London. Os another seension in one of
these paskeges there was • parcel contaledarta dress from a
Miss Leeksca dressmaker, to be forwarded to the country.
This penal never reached the person to whom it was 000-
; but • considerable time—three or four menthe—
had elapsed before it was returned to the plaintiff, by whom
it had been delivered at the defendants' railway. Miss
Locke sued the plaintiff in the county court, where she ob-
tained • verdict for 21. 175., seventeen ahilliogs
having been allowed for the dress when returned.
On the company refusing on one cecuiea to receive
• package from the plaintiff's office, his sea called at the
companies' booking-office, the Ball and Mouth, to demand
an ezplanation, and to ascertain what was their charge for
" puked parcels." He was told that they would charge
what they thought fit, and they bad farther said they did
not recognise each persons as the plaintiff. There were':
other small parcel carriers who were dealt with in • like I
manner, whilst other parties were allowed to forward their'
perm's, galled " enclosures," which were similarly packed,
without an extra charge being required. Amongst these
latter were Delarue, Loognian, de., who packed numerous
small parcels in ono large one, and sent them to their
in the country for the purpose of distribution. trz
proved that the plaintiff in his trade had sustained a wakes
loss by the course pursued by the defendants towards his.
For the defence evidence was adduced to show that the
charge made to the plaintiff was the usual and ordinary
charge, and that there had been no inequality of charge
for " packed parcels," as between the sums demanded of the
plaintiff aad other preens ; that the company bad in 1851,
in accordance with the powers granted them under the act
of parliament, issued a notice that an extra charge would is
fatties be made for " peeked parcels ;" and that in 1853 a
notice was served upon the plaintiff, together with others
conducting their business in • similar manner, to the effect
that " all suspected parcels" would be charged five times the
rate of ordinary parcels.
Mr. Wordsworth, in the absence of Mr. Bramwell, having
summed up the evidence for the defence,
Mr. J. Browne replied.
Mr. Baran Martin, in leerier the WO to the jury, said
they must be guided by the judgment of Mr. Baron Parke,
in " Pickford v. The Orand Junction Railway Company,"
in which it was decided that railway companies were bound
to act teethese who employed them and carry their goods,
and wereeonspelled to conform to a reasonable charge. The
risk of carrying a number of small parcels in one " packed
parcel" was not greater than that incurred in the convey-
ance of a single package, as it was very doubtful if an action
could be maintained in the event of the loss of the parcels
in the " peeked parcel" by each of the individuals
to whom they were consigned. There could be bat
one ration against the company. He did sot coa-
eider it right for railway companies to go oa from
year to year acting in direct opposition to decisions
of that character. They ought to take It as a law,
and act upon it. The Bth of Viet, a. 20, see. 90, enacted
that railw companies should have no monopoly, and that
all tolls and rates should be equally charged. The defen-
&ate had issue.' notice that they would charge five times
the ordinary rate for " packed parcels," which meant parcels
from various consignors to various consignees, and not
parcels front one consignor to another coassignee ; and the
question was, was there any difference between ono " packed
parcel " and another. It was for the jury to say whether
there ought to be any further charge on " packed parcels "
than any other, and whether there was say difference be-
tween parcels called " enclosures " and those sent by the
plaintiff. They had heard all the evidence, and he would
not detain them by reading it over. He would leave to
them these questions, on which he would ask their verdict,
—first, had a reasonable charge been tendered to the
company by the plaintiff; secondly, had there been an
equality of charges on the part of the company as betweoe
the plaintiff and other parties, for instance, Detente and
Longman!, who had sent parcels which were called " en-
closures ; thirdly, had the plaintiff sustained any loin of
business by mesa of the conduct of the defendants?
Then as to Miss Locke's dress, it was clear the plaintiff had'
paid 21. sad expenses, and in reference to that damages of
41. or 51. would probably be sufficient. Should the jury be
of opinion that • reasonable sum had been tendered by the
plaintiff for the carriage of his parcels, then they would give
such damages as would induce the defendants to carry the
case to • higher tribunal.
After an absence of three quarters of an hour, the jury
returned into court with a verdict for the plaintiff on the
first count—damages Is. ; for the plaintiff on the second
count, as to the detention of the dress, 51.; for the plaintiff
on the next count, damages, 405.; and for the plaintiff on
the count alleging loss of business by reason of the conduct
of the defendants, 2001. Thealso found that the company
as had made unequal charges between the plaintiff and other
persons who had forwarded " enclosures " or " packed
parcels."

ADMIRALTY COURT.-FEB. 22.

32.01/1 Di.

The lout was again tamed all day with the Boredom
mei, but they patented ao features of amity.

COURT OF

rrFEB. 22.

WOMB MI. OMMINNORIII IMAM
IN RN ALTON AND ELTON.

This was the isstsw;eling—Zure7il;;.baakruptay of
Charlie Heaths an Sense Heaton, • (wader the irm
of Hansa an Oa) se Impart oilmen, is sad la'
Wbba Liparatsamy Spitalflelds. The tun era,'
beim the sent as a petition for arnageneati tPm
moth not be ntirfasiegy, it was Mused Into a bank-
vanity. The WoMes sad mob of the Irak:opts an thus
I anted :—Due 111 1.1.81111101 neaten, 7,9821.; 1. those
partially 9611111114 tSSL (the sesarities being valued at
9471.); liaWllttes M bill payable, 1,3061. ; good debtors,
6601.; stock—ptekin fruit, &0., 2,4001.; plant, Ea. 2601.;
arasignmente, 160 i.; estimated surplus oar consigtuneate
hypothaestsd, 4641.
Mr. Edgar Brefat, bottle manufacturer, of Ludgate-bill ;
sad Kr. H. G. Bell, gentleman, of Bridge-street, South-
nth. were chosen trade assignee,.
Messrs. Murano, Plows, sad Boyer are the solielten
leader the bankruptcy.
Fan. 20.

IN VA 107 DIN AND

The bankrupts were zaerchains, of Callen-street, City.
This was Ike Gunboat* satins. The aseensate, extending
over eight or nine smooths previous to the gednro in August
las• @booed a sum of 2,1001. duo to uneeenred erediton, to
nest mishit there was but a men amens@ eg @meets, the ipro-
perilyosenened at 6491., ososiallo, el ablorrato to Ass-
taro width very little Mara ki $ owing to
the depose s& state of the Rackets dam llsasiord bed
been& is a capital of 6001. ; then was no sealessent of
welts; the loess were retuned at 1,4871.
Mr. Lawson emend. as tie enigusee ; doe Ise Wasins.
J. Gamble sad Os., sunbelts. of Limitable steak
The assignass empl@leed that the boalnwpte bug beau
'lL,oil soaks. leuMeg. -Of aroust l
- UK balm rodiadeotil. Mt Bailor b ordstaad yetto
bee. • hater elite was dot Ibs bookropu
bated. ssorts* is Omit, aiti for by Sr Mgr=
it at 1001. whlda akw made id Isabrep6sy.
droatitiod tbra to osedliaatok Inds dr kiss
rolls& Tba speed complaint d "Assn. doable tad Co