The Express.
London, England, 1864-12-15 00:00:00

COURT OF EXCHEQUER. -DE(' . 14.

Bitting+ at Nisi Priue.--(tlefore the Lord Chief Baron
Pollock and a Special Jury.)
snows a. THE LuNDoN GENLRAL OMNIBUS COMP.% YT
(LIMITED). c.DENT.—DAILLGEs 225 f.

This was an betloo brought by the plaintiff, a clerk in the
employ of Messrs. Pictering, attornme, of the City, against
the defendants, to recover compensation in damages tor in-
juries received through the alleged carelessness of the de-
fendants' servant. The defendants pleaded not guilty.

Mr. Serjeant Parry and Mr. Telford Salter were counsel
for the plaintiff ; Mr. triffard for the defeudanu.
It appeared from the evidence of the plaintiff that on the
7th of October last he was a pameoger by one of the de-
fendant.' omnibuses that run fiom the Chariog•cross
way to Paddington Railway Station. When the omnibus
reached that part of Regeot•street between Hanover and
Prints* streets the driver. who was sitting croas•legged on
his hoz, tried to pass a coal-waggon, Lut ran against it. and
threw the plaintiff otf theomuibus. His ankle woe injured
sarioualv. as well as his little huger being brazen. He was
Wren hoc., and did nut le►ve his house for six weeks.

The defence was that the accident occurred through the
segilgenta of the driver of the coal waggon, who was driving
at the rate of nine or ten moles an hour, and that the coat
'merchant ought to h►ve been sued, and not the defendants.

Thu jury retired fur halt an hour, and then returned into
court with a verdict fur the plaintiff—damages, 251.

SECOND COURT.
After Term Nisi Prim Sittiop at Guildball.—(Before Mr.
Baron Marcia and a Common Jury.)
HOOKER r. BURNABY.

This wages action for an assault. The defendant pleaded
not guilty
Mr. serisant &Hemline and Mr. Prentice were counsel
for the plamtiff ; Mr. Huddleston, (.C., and Mr. Homy
James were counsel for the defendant.

Mr. Senjeant Sallanune described the assault complained
of es a most gratuitously brutal one. fiesaid the plaintiff,
Bt. Hooker, is a gentleman of property residing near Tun-
bridge Wells, having extensive rights of shooting over his
own sod adjoining land, and the defendant is Lieutenant
Burnaby, of the Blue►. The plaintiff, having got into pecu-
niary difficultiea through the default of Lis wife's trustees,
bad divided the shooti ug @Roman with a Mr. Westcar. In
the middle of September last Mr. Westcar, accompanied by
the defendant, went down for some shooting. The defen-
dant the learned serjeant described as a man whose muscular
powers far surpassed his intellectual qualifications, for he
could box like a trained prizefighter, and he was
known amongst his fellow-officers by the soubriquet
of Heenan. On the day in question the plain-
tiff, the defendant, and others shot together, and afterwards
dined together, not separating until a late Lour. On the
following morning the whole of the parties met in the shoot-
ing field, where the defendant made an insulting remark to
the plaintiff, to which he replied rather warmly. Strong
language passed between them, and the matter apparently
dropped, but about two hours afterwards, the plaintiff having
laid down his gun, the defendant walked up to Lim suit
enquired of him if he intended to apologise. He replied,
he should not ; upon which the defendant immediately
struck him violently several blows in the face, and M a most
brutal manner kicked him again and &gait in the most deli-
cate part of his person. The defendant by his bratel con-
duct had indicted severe injuries upon au inoffensive man,
and he called upon the jury to mark their sense of the de-
fendant's conduct by visiting him with exemplary
. .

Kr. Baron Martin—Can't this nutter be amicably ar-
/mod"

Serjeant Ballantine—l am afraid not, my lord.
The learned eerjoaut then called the plaintiff and other
witnemee._ _ _

Mr. liuddleston, in addressing the jury for the defendant
in mitigation of damages, contended that the defendant
had acted under great provocation, but, of course, his con-
duct could not be entirely justified. The defendant was a
British officer, and in the presence of others he had been
stigmatised as a swindler, and as the days of duelling were
parsed, he could do no more than indict summary cloottise-
meat upon the offender. The defendant had perhaps gene
further than be ought to have dons in the beat of the mo-
ment. He had offered not only an ample ►pology but a
handsome compensation to the plaintiff, but the latter had
declined to receive anything but a very large pecuniary
one, and he bad employed a hired advocate to heap every
abusive epithet to be found is the English dictionary upon
the defendant.

Mr. Berou Martin (the learned counsel having frequently
used the word hired) iaterposed, and said the lammed coun-
sel was going too far in the use of the word.
Mr. florjeant Ballantine—Yes (addressing Mr. Huddle-
oton), you are retained, but I am hired ; retained is the
impresswo uxually used by the profession one towards the
other.

Huddleston begged pardon for using the word, Loa in
oionelnaioe asked the jury, in estimating the damages to well
weigh the amount of provocatiou the defendoot heti re-
ceived from the plaintiff. .

Mr. Baron Lain summed up. Ile teminded the jury
that in cues of this kind it was not unreasonable
to suppose that plaintiffs had rather exaggerated their
eases ; but here, althouith the defendant bad three friends
present, he Lel declined to call them to contradict the plain-
tiff. They must, therefore, take it that his account of the
transaction was correct, and in estimating the damages they
were bound to take into consideration not only the bodily
sufferings of the plaintiff. but also the indignity to which he
had been put. It was true, as the defendants counsel had
said, that the days of duelling were past, and it was to be
Loped they would be restored, but he was afraid if
people were to he compelled to submit to such outrages as
thou without adequate compensation, the custom would
be revived in some way or another. This sou the first case
be had tried where two gentlemen of position were con-
cerned, where one had conducted himself as the defendant
bail dune. The advice of the defendant to the plitiotiff to
pot a poultice on LL4 mouth sou a gross insult, and an sq.
gravation of his conduct. It was for them to consider
what amount of damages the plaintiff sou entitled to.
The jury, after coosidering some time, acid they were
eight for a large amount of damages and four for a moderate
sum. As they c.iuld not agree they were locked up, and
after being out some time they were sent for by the learned
judge. On their coming into coort,
Mr. Baron Martin asked them if they were likely to arree.
The jury said they thought not. They were then ten to
two, and there was an chance of their coming to an unani.
mous verdict. One juryman said be was ready to remain
till 3 o'clock in the morning.
Mr. Baron 31artio, by way of assisting thern. said the
plaintiff by the record could not gain more thee :'4O/.
The jury said there was not the slightest chance of their
agreeing to a verdict.
His lordship said he did sot like to coerce • jury into •
verdict by locking them up for an unreasonable time.
Would the teamed counsel take the verdict of the tee ?
That was ultimately agreed to, and the verdict of the tee
was taken for the phoutiff—damages 1511(.

COURT OF PROBATE AND DIVORCE.
Du. 14.
(Before the Judge Ordinary.)
NTONE V. 'aura: AND A PPLETON (PART HEARD).
Mr. Juho Newman SP.pbeeson—l am Mr.. Slono's
brothers:G.lms. 1 lir • LAMY Exeter, and 1 am a magistrate Lr
the county of Devon. The tint time I saw Captain Stone
after his retpru to England was io December, 1861, when
he Came over to Morton. I was staving with the Rev. Mr.
Clack, my father•in•law. Mrs. Clack was aufferiog from a
fatal illness, and Mr. Clack was more than rek 1 saw
Captain Stone coming op. lie said, " ►low era you' I
want to see you particularly." I said, "I shall be hippy
to bear anything you base to say." He said,
" Oh, I suppose you know what it's about" My
answer waa, " How should 17" He said, "Oh, Metty's
none to the bad." 1 said, "That must be purely intaginary ;"
tat it was raining fast, and I added, " You bail better go
to your sister's, Mrs. William Clack's. I will see you this
evening." I did not me him again that day. mid I went
to Buslleigh Saltertoo, wham I had an interview with him