The Express.
London, England, 1849-06-30 00:00:00

COURT OF QUEEN'S BENCH.-YESTERDAY.

6TITDIOII AT NISI Pura-131/01Z LORD DiVIIAN AND ♦ Srcaw-Ray.
Loan CHARLES TOWEPHEND V. FOLEY.
—Tlis Fins Awn.

Mr. Cockburn, Q.C., and Mr. Wildman appeared for the
plaintiff; and Mr. Serjeant Talfourd, with whcm was Mr.
'loggias, were counsel for the defendant
This was an action brought by Lord Charles Townshend,
ama of the Marquis of Townshend, against a sculptor, to
recover a sum of about 2601., which had been paid by Lord
Charles Townshend to Mr. Foley, on account of a group
in marble of " Ino and the In'ant Bacchus," for
which he had agreed to give US guineas, but which
ha afterwards refused to accept, not being satisfied with it ;
and he now sought to recover the money he had paid on
account, which payment the defendant objected to make.
on the pound that he had received an absolute and not
a conditional commission, as the plaintiff contended, to exe-
cute the group. Oa Lord Charles Towuehend objecting to
take the group, Lord Ellesmere purchased it from the de-
fendant for 756 guineas, it having been pronounced by fleet-
est(' judges to be a very beautiful and superior work of art.
We forbear going any further into the details of
this case, as, after Mr. Sedum% Talfourd had ad-
dressed the jury for the clefendant, Lord Denman
said he had a suggestion to make upon which
Lord Charles Townshend, who was not in court, was sent
for, and had an interview with his counsel, Mr. Cockburn,
after which Lord Denman said the suggestion he hsd to
make was this,—that u the plaintiff, after he had ordered
the group of Inc and the infant Bacchus, had expressed a
regret that he had ordered a single figure, and as the defen-
dant had offered to sculpture a single figure and allow 1601.
to the plaintiff for it, he should now execute in marble any
figure that the plaintiff should lire. Besides this,
the sum to be allowed for it should be 2001., and
if the figure should be worth less than that sum
when finished, and inspected by competent judges
the difference between what was deemed to be eta real
value, and 2001. should be paid by the defendant to the
plaintiff, but if it should be thought wrath more than 2001.,
the difference beyond that amount, whatever it might be,
should be paid by Lord Charles Townshend to the defend-
ant. When the disagreement had arisen between the plain-
tiff and defendant, the latter had named Sir Robert Peel
as the party by whose decision he would be bound as to
the merit of the group of Ino and Bacchus, and he (Lord
Denman) thought that he would be a very fit person to
decide as to the beauty and perfection of the figure to be
sculptured by the defendant, and he had no doubt that
Sir R. Peel would have no objection to decide the questirn.
Mr. Cockburn, who had stated upon his return into court,
from seeing Lord C. Towrshend, that his client was willing
to agree to any suggestion of his lordship, then said that he
agreed on behalf of the plaintiff to the proposition of hislord.
ship, and Mr. Perk ant Talfourd, as counsel for the defen•
dant, mho consented to it.
The case was then settled by a juror being withdrawn.
The defendant in this case was a young man of cousiderable
reputation in his prolusion, and had been selected to rculp-
tun the statue of John Hampden, which is to be placed in
the new House of Commons.

COURT OF COMMON PLEAS—YESTERDAY.
BOOkli • COMMON JUILY.
PARKER V. PINNEY AND ANOTHER.—MISTAILE or A
PALACE COURT OFFICER.
This was an action of trespass and false imprisonment, to
which the defendants pleaded not guilty, and one of the de-
fendants also pleaded want of notice of actions as required by
statute.
Mr. Serjeant Jones (with whom 11.311 Mr. Chanted') stated
plaintiff 's case. The plaintiff was a tailor, formerly living at
St. Mary-axe, London, but now at Peterborough. At two
o'clock ia the afternoon of Wednesday, 214 Much last, plain-
tiff was in London, talking to an acquaintance in the street,
when Pinney, one of the defendants, who was an officer of
the Palace Court, came up and addressed the plaintiff, s ey-
ing, I have a warrant against you at the suit of Mr. 'rid an
the Palate Court." Plaintiff said it mast be a mist, he,
as he did not MR know Mr. Till by name,
whereupon he was told Mr. Till was it livery-
stable keeper at Chelsea ; but plaintiff protested he knew
nothing of the matter. Although the warrant Was against
" J. B. Parker," and plaintiff gave his name to the officer
as " Charles Thonsee-Parker," vouched his accuaintance
to the fact, and offered to go to his attorney, Mr. &mimeo,
who lived close by, to satisfy Pinney such was the case, the
latter would hear of nothing of the vrt, but marched
plaintiff off to Whitecross-street Prison. Upon his
arrival plaintiff gave notice he was the wrong man,
and cautioned the prison officers not to receive him.
He was nevertheless taken to the remand ward as •
person arrested upon a warrant of commitment. Plaintiff
forthwith wrote to Mr. Stedman, his attorney, who imme-
diately wrote to Mr. Barden, the governor of the prison, the
other defendant in the action. It was not, however, until
the following Saturday, three days afterwards, when Mr.
Till, at the desire of Mr. Stedman, sent down a person who
knew the real Mr. Parker, and at once negatived the plain-
tiff as being the man, and when it also appeared Mr. J. B.
Parker, the real debtor, was already confined in the prison
at the suit of another creditor, that the plaintiff was libe-
rated. The learned counsel submitted the injury inflicted
upon the plaintiff's feelings, name, and respectability
as • tradesman, by being cast into prison, and detained there
several days, demanded large compensation at the hands of a
jury of his countrymen.
George Stedman was the first witness called, and stated:
On the 21st of March last, I saw plaintiff slit eight or nine
people round hint. Mr. Austin and Mr. Pinney were there.
Iliuntilf beckoned to me, and said, " This is a pretty thing.
lam arrested for another man." I asked who arrested him.
He pointed to Pinney. I said to Pinney, " You had better
step over to my son's office, which was only a few yards, and
you will rise he is not the right man." He said, " Why
should Ige over the way ?" I said, " Because it is an easy
mode of ascertaining if you have the right man." He said,
" I shall not go," and he took the plaintiff by the ens and
said, " You must come along to Whitecross-street." They
then walked away together. The plaiutiff sent to me, and
I afterwards went to the prison. I found him in the remand
ward.
Mr. Serjeant Bylee, who represented the defendant But.
doe, objected that the plaintiff having proved a several tres-
pass, could not go to prove a joint one, but must elect.
Mr. Serjeant Jones elected to proceed for a joint
John John Alton Austin said, I am • clerk to plaintiff's attor-
ney. Three hours after the arrest I went to the prison to
see plaintiff. They referred me to a Mr. Parker, a prisoner ;
but I found he was not the man. I afterwards saw the
plaintiff there. He was in the remand ward. The gover-
nor was out ; but I told the turnkeys to inform hint they
had got the wrong party. I also told them they bad the
real party in prison already. In the remand ward prisoners
are not allowed to purchase anything. I saw plaintiff there
every day, from the Wednesday till Saturday. I told his
family where be was. Mrs. Parker wu in ill health and
pregnant. She went to the prison to him. He was dis-
charged on Saturday about 7 o'clock. I posted a letter to
the keeper of the prison.
William Watts, Deputy-Governor of Whitecroustreet
Prison, said: Persons in the remand ward have the county
allowance only. They have gruel for breakfast and supper,
for dinner they have meat and potatoes four times a week,
Except under particular circumstances their friends cannot
see them more than once a week. I know a person tuned
Barber who came in on the 21st. I believe I had a conver-
sation with Mr. Burdon about his being the wrong man,
that day and the next. I w any letter from Mr:Sted-
man to Mr. Budon.—Cross-examined: We have about 200
persons In Whitecroes-street Prison. It is a common thing
for a prisoner to sly I am the wrong man. We do not,
therefore, much heed such statements. Attorneys are always
admitted whatever ward a man mty be in.
William Williams, a turnkey, was also called, who
°enchanted some of the facts already spoken te, after
whisk the warrant of commitment (which was for thirty.five
d,a ), directed amongst others to Pinney, as officer of the
Palate eoort, was put m and read, and this concluded pia/s-
-wam*.
Mr. Serjeant Bytes now submitted, on behalf of his client,
Mr. Burden, that he was entitled to a verdict on the second
plea, inasmuch as the statute 62 Geo. 111., c. 209, under
which Whiteccometmet Pthm was bade, requires a month's
notice before bringing an action for anything done
under the act, atd Mr. Burden, in acting upon this
warrant, was acting under colour of the statute, and was
therefore entitled to • notice.
After hearing the point discussed, the Judea ruled in
favour of the objection, and a verdict was accordingly takes
in favour of the defendant, Mr. Burdon.
Mr. Metcalfe then, on behalf of the other defendant,
Pinney, addressed the jury, and contended that what had
eecorred was a are mistake, and that his client was nut to
be blamed for the detention of the plaintiff fur three days in
prison, Pinney net having it in his power to release him.
The Judge, an summing up to the jury, observed that the
only question was the amount of damages they would think
proper to give egainst the defendant Pinney: lie was the
author of the mistake, and in that point of view responsible
for the detention. It was impossible to treat an imprison-
ment for three or four days, such as was de tailed by the evi-
dence, as a matter of light eonsideration. It was, however,
to be remembered, Pinney wee acting as an officer of justice,
and some allowance was to be made on that account, and it
did not certainly appear that all those efforts were at once
made which might have been expected on the part of the
plaintiff to effect his immediate release.
The jury found for the plaintiff—Damages, 601.

MOO% opened. Bee ipts. 1
Named Railway.
1848, 1349. 1848. 1849. Ico
- -- Bittyline. d"to
31 31 Aberdeen - £- tin
37; 374 Beltast and Ballymena
15 19 Birkenhead, Lane., & Cheshire 808 1,008 &
- 14 Bolton, Blackburn, and chi
W eat Yarkshire
764 75% Bristol and Exeter
i
141 141 Caledonian 4,197 6,781 No
o
691 84 C nester end Holy head
351 351 Dublin and Drogheda 963 829 He
7/ 7/ Dublin and Kingstown
471 471 Dundee,Perth,Aberdeen June l,OOl 1,029 „.."1
661 911 East Anglian 6G6 649 Eil
24 751 East Lancashire
295 322 &astern Counties and Norfolk 15,810 15,981 ley
60% 601 Eastern Union
521 571 Edinburgh end Glasgow 3,318 3,509 Beu
34 78 Edinburgh and Northern 1,606 2,059 j,,.
74 1021 Glasgow, Paisley, and Ayr 2,114 2,724 6:
22% 221 Glasgow, Paisiey,and Gr.,-enock 1,238 1,019 sou
- 126 Great Nor hern &E. Lincolnsh - 2,005 H.
1101 1681 Great Southern andWeattrn(l) 2,340 3,418 ,ye
2061 2301 Great We,( ern -
..011
10( 101 Kendal and Windermere.... 193 195 "r
70 70 Lancaster and Carlisle Z`ii
1271 2061 Lancashire and Yorkshire 11,326 13,976 Rei
- 13 Liverpool,Cro,by, & Southport - 217 he
435 43.5 London and North Western
4 61 London and Blackwall
1621 170 London, Brie hton and S. Coast 9,563 10,371 '
194 2161 London and South'Western 9,879 11,384 _
141 141 Londonderry and Eaniskiben 138 146 19
941 1291 blanchester,Shrff.,&Lincoleish 2,736 3,631
4231 471 Midland 21,179 22,457 Jo
381 60 Midland GreatWestern.(l) 909 1,029
36 36 gonklands -
821 110 North British
- 454 Scottish Central
23 48 Shrewsbury and Cheater 650 1,576
29 571 South Devon 1,618 1,8.58
9,034 9,275 TI
1651 1851 South Eastern
40 40 Taff Vale
36 36 Ulster 7lB 736
- 13 West Cornwall
12 12 Whitebaven Junction 199 236 -B,
2421 269 York, Newcastle, Berwick 13,8.56 13,384 8,
234 2551 York and North Midland 8,334 7,262 131
Bt
FOREIGN. CI
El
68 764 Andean and Boulogne Pe
i
- 26 Dieppe
571 571 Dutch Rhenish 1,210 - H
711 711 Montereau and Troyes
211 211 Northern of France 10,464 12,076 Lt la
1074 1071 Orleans to Bourges (Cet.t.) 1,691 2,843 i
72 72 Orleans to Tours 2,630 2,902 ;:n
82 82 Paris and Orleans
85 86 Paris and Rouen Pi
- 594 Rouen and Havre
Ri