The Express.
London, England, 1862-04-16 00:00:00

ISTRILING A1106511Y- a OFT TIM ROLL&

On the motion of Mr. Garth the following a wore
struck off the rolls of the court fleary Haigbl
Cross, convicted of obtaining mosey soder fame pretests' ;
Henry Hart, convicted of perjury ; and Jame Shaw, for
forging a deed at Derby.

00IIRT OF COMMON PLELl3.—Airsm lb.
Sittings In Banco.—(Before Lord Chief Justice &1., and
Justices Willis, Ryles, and BMWs) ,
WITHNIBT T. THE RECENT'S CANAL COXPANT.—DIATH
ST DEOWNHIG.
This ma an action to recover damages in consequence of
the plaintiff's husband having been drowned through falling
from a swing bridge into the Regent's canal ; but at the
trial before Mr. Justice Wightman at Kingston the de-
fendants obtained the verdict
Mr. Ribton now moved for a rule for a new trial, and
stated the following circumstmose : The deceased was a
men shout 60, and at ilit,ht o'clock on an evening in October
Lot he was peering along Queen-street, Poplar,
the roadway of which is carried over the Regent's
Canal by a awing bridge. He found the bridge
swung to admit of the passage of • lame, and he stepped
through a pteway which was partially open on to the
bridge, intending to wait there until the bridge shut again
and enabled him to primed on his way. This practice was
one which was generally adopted. 'The deceased wee no
sooner on the bridge than be tamed Is "peek to eambedy
else who was there, when he stepped tee farad fed fete
the water. This it was contended happened through mei.
genes on the part of the company in not preventing Hopis
from going upon the bridge while it was in • aingwetis
position, and the jury expreised the opinion that the
W.ge was not enfeciestly guarded, though thzerszthe
defendants • verdict upon the ground that the
his own negligence had contributed to the sesilimt
verdict, it was now submitted, was not supported by the
evidence, and further? that the direction of the learned judge
bad misled the jury into thinking that it no, aegligeace as
the part of the demised to be upon the beteg* Mall. •
The Lord Chief Justice said that the rabbi: were allowed
to be upon the bridge without committing any traipses,
and even without being liable to any blame,
_• bla still they
must take ordinary care whilst tale. The diceseed seemed
to have forgotten that he was upon • part of the bridge
which was open to the water, and so stepped In and vies
drowned. This being so, want of ordinary care upon the
part of the deceased was the immediate cause of the mei-
dent, which indeed would not have happened without it ;
and the company was therefore not liable to campmate
the plaintiff for the lass which she bad sustained.
Rule refused.

POOLE f 7. WESICODURL—THE SZIVANT GIRL AND RIR Caere.
Mr. Huddleeton moved for o new trial in this came, and
said that the plaintiff, a female, was formerly in the service
of the defendant, a gentleman living a short distance from
Gloucester ; but she received notice to leave in consequence
of quarrelling with her fellow-servants. She was requested
repeatedly, and on more than one day, to leave, but she re-
fused to do so, and behaved in • very viol sat 11111111)01. A
policeman was ultimately sent for, and on hearing of his
approach the prisoner ran up *Uinta her own room. Some
time after one of the servants reported that she was
lying on her bed, and that she had been seen
to drink something from a bottle, which it was
feared was poison. A doctor was fetched from
Gloucester, sad be found the pisintiff's eyelids firmly
closed, and whoa he lifted up her arm it fell down spin
apparently lifeless. She smelt only of brandy ; but, fear-
ing that poison might have been mixed with the liquid, he
inquired for the bottle. A fellow-savant got the key of
the plaintiff's box, and produced the bottle. which, however,
oontained only a very small quantity of brandy. (A laugh.)
The doctor then decided that she wee shamming, where-
upon she became very violent, but wee at length ejected
from the house. Her muter offered the pony-chaise to
take her home, but the doctor feared that she would throw
herself out of that vehicle, and suggested the cart, into
which the policemen succeeded in putting her, and
drove off. When she got to the public road,
she mid she would not go to her mother's, but
to a friend's, and there the policeman drove her.
A day or two afterwards she called and begged to be taken
back again, but this request not being complied with, she
shook bands with ber master and departed. Subsequently,
however, she was advised to commence legal proceedings,
and she accordingly sued her master to recover damages for
assault and false imprisonment, for having bad her boxes
searched, and for having been put into the cut and carried
away. The trial came on before Mr. Justice Crompton, at
Gloucester, when his lordship intimated to counsel, during
a temporary absence of the Jury, that probably there must
be nominal damages for the plaintiff upon some issues,
but that he should certify that it was not a fit case
to be tried in a superior court. The plaintiff's
oouruiel having this knowledge addressed the jury,
and urged upon them that if they did not
give as much am 51. 5.. damages, the poor plaintiff would be
ruined by having to pay heavy coats ; and the jury, listen-
ing to this suggestion, gave her a verdict fur 51. se. Under
these circunistauces a rule was asked for a new trial nom
the grounds that the evidence did not support the verdict,
and that an improper communication bad been made to the

jag
Tke Lord Chief Justice said that the rule would be
granted, and counsel would consider the form in which he
would take it, but it seemed to hint that the grand wee
that there had been a miscarriage from improper conduct
on the part of the advocate by reason of which the jury bad
really exercised no indepertient judgment upon the question
of damages.
Rule granted.
BUIDILN MID •NOTIIIII e. ORLIPILZ AND arimus.—

Mr. Pbilbrick appliediCrana le for a
.probibition to
all further proceedings in this suit in the Lord Mayor's
Court under these circumstances. An attachment bad been
%sued on account of a debt of 6,0004 sprint some lowa
Bonds which were la the beads of Messrs. Fruhliog and
Goaehen, but it had linos boss discovered that the debt
was pea* contracted In New York and partly in Bremen,
both of which
.placres were
was
of tbe jurisdiction of the
court. The principal point was that an attachment could
not be Waled under these circumstances.
4817 Rule granted.