The Express.
London, England, 1862-05-16 00:00:00

COURT OF EXCHRQUER.7Iimr 16.

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ttinp at Nisi Prius at Miestandister.—(Bdore Mr. Baron
Martin and Common Juries.)
SAUNDIRS V. BASTABLIL-AOCIDENT.

This was an action to recover compensation in damages
for bodily injuries sustained by the plaintiff through the
alleged negligence of the defendant's servant in driving a
firrengine.
The defendant pleaded not guilty, and that the fire-engine
and horses were not under the care and direction of his
servant.
Mr. Serjeant Petersdorff and Mr. Bri4ee were counsel
for the plaintiff ; and Mr. M. Chambers Nod Mr. T. Salter
for the defeudant.
' The plaintiff, who wu 68 years old, was formerly a hotel
keeper, and the owner of • coach and hones at Honitoo,
but, having become reduced in circumstances, had taken to
cab driving, and earned about 31h. by that occupation. On
the evening of the 31st of January last, about 101
o'clock, he was driving through Finsbury-square, and
while in the act of turning into Chiswelbstreet •
fire-engine, from the Watling-street station, ran
into his cab, the pole indicting serious injuries
upon his thigh and the lower part of has abdomen. The
plaintiff was taken to St. Bartholomew's Hospital, where he
remained for 18 days an in-patient ; and, although he had
partially recovered, he was represented to be lame and to be
unable to follow his occupation. The defendant, who car-
ried on business in Star-yard, Borough, had contracted to
supply horses for the engine, and it appeared from the terms
of the contract, which was produced by Captain Shaw, the
superintendent of the London Fire Brigade that he was
shoo to furnish • competent driver for whose'Degligence or
default he au to be wholly liable.
Captain Shaw said that an engineer generally accompanied
the engine, and took command of it, but he did not super-
intend the driving.
The house surgeon of the hospital who attended the plain-
tiff was absent in the country, and the plaintiff was unable
to pay the expense of his coming to London. Mr. Law-
rence, the senior surgeon, had been subpoenaed and paid the
usual guinea fee, hat he asked 10 guineas for his attendance,
which the plaintiff also could not afford.
A medical man, who bad seen the plaintiff on the previous
day, deposed to the injuries which he had received, and said
it was uncertain whether his lameness would be permanent
or not.
Orly one witness was called for the defence—the engi-
neer—who said the accident arms from the plaintiff driving
his cab suddenly across the front of the engine as it was pro-
' evading at the rate of about seven miles an hour to • fire at
• Ball's-pond.
• Mr. M. Chambers having addressed the jury for the
I defence,
The learned Judge summed up, and
r The Jury found • verdict for the plaintiff—damages 21:g.

COURT OF PROBATE AND DIVORCE.
MAY 15.
(Wore the Jags Ordinary.)

WIT W. HAMM—AMOY/IZZ GRETNA-01M 11.&11.1•0/L
Dr. appeared for the petitiossr. The marinas
took place at Grates Grit wthe 21st of February, 18441
the petitioner being at that time a servant at the Scarshrlei
Arms, Southport, and the respondent the son of a board-
twists* keeper in the same town. They never lived
together, bat they saw each other frau time to tame ; and
in lie January et 1880 the pithiest bore her husband •
daughter. He bad site goes to Amitralia, where he was
I now Wag with a woman, to whet he appeared to be vier-
vied. Mrs. Haney therefore, seed for a dissolution, on
the grmsd of &Mien sad desertion.
1U wan sonde a deem nisi. with NAL

SNITS e. wan AIM PIODPX.
Mr. I:Wpm appeared for the petitioner, who wen •
waiting praiser. The
in the year 1844, end frgiesembalmbitedre 7 married at Cia,
Shas‘srieg
which time they had three Mato. The thee
eloped with the co-corrode* with win= wee low

living, and by whom she had had two children. Pigden
a blacksmith at Garret, in Surrey.
The court made a decree nisi, with costa.

TERRY D. TIVILT.-RHOCKING CASE.

The petitioner, ohalll Terry, a hair-drceser, of Plamant-
row, Holloway, sought a dmsolution of his marriage, on
account of his wife's adultery with her own brother,
Thomas Richardson. Richardson, who wa soldier, bad
silos committed suicide.

Dr. Swahey appeared for the petitioner.
The marriage took place in 1842, and had been followed
by the birth of two children. Latterly the conduct of the
respondent had become very dissolute ; and on the 27th of
February, 1860, she left her home with her brother (who
had been staying with her), and representing themselves to
be man and wife, they obtained lodgings at a coffee-house
in Bishopegate-street, where they leased two nights toge-
ther. They then both took poison, and Richardson died.
The respondent, however, recovered. She was afterwards
convicted at the Old Bailey of having been accessory to her
brother's suicide, and she had suffered a term of imprimis-
merit for the offence.

A decree nisi was granted.
BUILBAGZ O. BURBAGE.

Thies was a petition by a wife for adultery and desertion.
The respondent was • oabiaet-m►ker, and be married the
petitioner in July, 1840. In February, 18.59, he went to
America with • barmaid at • tavern at Clerkenwell, with
whom he had formed a criminal manexion. The petitioner
has since supported herself as a governess.
Mr. Pinder appeared for the petitioner.
Decree nisi.

Mr. H. James was counsel for the petitioner.
The parties were married in February, 1844, and lived near
Eye, in Suffolk. In October, 1800, the respondent deserted
the petitioner and went to America. During the last few
years before the separation they bad lived in London, and
the respondent bad been in the habit of ill-treating his wife.
In 1859, he bad slept with another woman at a coffee-house
in the City.
Decree Mei.

CENTRAL CRIMINAL COURT.

NEW COURT.
(Mora Yr. Baron Channel).

John Henry C0z,1)3, a labourer, was indicted for feloni-
°wily smaulting and beating Caroline Con, his wife, a re.
speetable-looking woman, about the some age, with intent
to kill and murder her. There were other counts charging
him with intent to do grievous bodily harm.
Mr. Dickie prosecuted; the prisoner was undefended.
It appeared prisoner and his wife lived together in White-
chapel, and that on the night of the 14th of April the pri-
soner cams home drunk, wanted to turn his wife's daughter,
by a former husband, out of doors, and told her to go and
get her living in the streets ; and on the prosecutrix inter-
fering for the protection of her daughter, the prisoner
seized a wooden chair, broke off one of the legs, and beat
her about the head ; he then struck her with a fiat iron,
and completed his cruelty by throwing her down stairs. She
was picked up by some lodgers and conveyed to the London
Hospital. The prisoner was directly afterwards appro.
headed by a police•constable, to whom he made nes of the
most fearful threats against his wife.
The prisoner made a rambling recriminatory statement,
alleging cruelty and provocation on the part of his wife.
The jury acquitted the prisoner on the count of sasaulting
with intent to kill and murder ; but found him Guilty of
aasault with intent to do grievous bodily harm. Sentenced
to five years' penal servitude.

THIRD COURT.
(Before the Common Serjeant.)
Stephen Thompson pleaded guilty to an indictment chary
ing him with stealing live bottles of brandy.
Some former convictions warm proved, and the court nee-
termed him to 10 years' penal servitude.
James NieAolls, aged' 7, described es a clerk, was indicted
for embezzling and stealing the sums of N., 101. 2s. 64., and
41. 19s. 7d., the moneys of Joseph Harris &rotten and
soother, his miters. There were several indictments
against the prisoner, to all of which he pleaded guilty.
Sentence deferred.

THE POLICE COURTS.
MARLBOROUGH-STREET.
Joseph hfatthey, cabdriver, wee summoned before Mr.
Knox for refusing to take John Motes, letter-carrier, as a
fare.
Mr. Osborne, the solicitor to the Poet-office, attended to
support the charge, end, after stating particulars, said be
considered the case was so flagrant that he should prey for
the highest penalty.
The oomplaioant stated that he got into the defendant's
eel) at Marlborough-pte, St. James's-street, and told the
defendant to drive to the Post-othoe, near Bnekinghem
Palace. The defendant said, " It's a bob fare," to which
he replied that the fare was sixpence, upon which the
defendant told him to get out of his cab, and ultimately
forced him out with violence.
The defendant said he had a previous engagement, other-
wise he would with pleasure have taken the complainant for
nothing. He was not on the stand when hailed.
Mr. Knox said, whether on the stand or not, the de-
fendant was open to a hiring. The complainant had a par-
fact right to hire him, and the defendant was bound to
take him. He thought a penalty of 10s. and COSSII would
meet the justioe of the case.

-
WESTMINSTER.
Dr. Buchanan' of Widbury-hill, Ware, attended to pro-
secute oomplaints against three cabdrivers for refusing to
carry him.
Complainant said that the offences were committed at 5
o'clock on the afternoon of the 7th inst. He bad been with
a lady to the Exhibition, and as it rained heavily was de-
sirous of settings cab, but the drivers were determined only
to take such fares as they chose.
John Smith, the first of the trio. pleaded not guilty.
Mr. Buchanen said he hailed defendant in the Brompton-
road, when he stopped and inquired where he wished to go,
and then said lie would not take him. Complainant had
opened the cab door, but in consequence of defendant's
driving off, was obliged for his own safety to let it go. De-
fenriant gave no reason for not taking him.
Defendant said his hone was tired, and he wanted to p
to Stepney to change it. The gentleman never spoke to
him, and he never pulled up.
Mr. Arnold observed that the defendant then wished him
to believe that every word the gentleman had uttered was
untrue?
Defendant replied, " Yes."
Mr. Arnold said that, by the act of stopping, the defen-
dant was holding himself out for hire. He (Mr. Arnold)
had not the slightest doubt that the gentleman's account of
the transaction was correct, and defendant had aggravated
his offence by the impudent defence set up. He was there-
fore fined the full penalty of 40s. and costa, ar one month
in default.
Robert deront was the next driver.
Complainant said he hailed defendant, who pulled up
near Sloane-strest. Complainant said he wished to go to
the Eastern Counties Railway, upon which defendant drove
away.
Defendant rid he was going to change his horse at
Queen-elms.
Mr. Arnold observed that no cabman was bound to pull
up while driving along and take a fare, but he must repeat
that if he did pall up he held himself out for hiring, and
bad this fare suited defendant he would have taken it.
Fined 20s. or fourteen days.
Charles Blanchard, the third man, both a proprietor and
driver, pleaded "Guilty," but said his bores was lame.
Complainant observed that he never said anything about
lameness until told be was wanted to drive to the Eastern
Counties Railway. His horse was going at a great pace.
Mr. Arnold remarked that defendant's license had two
previous convictions marked upon it.
Defendant was fined Mis or one month.
Mr. Arnold said the public were much indebted to Mr.
Buohanen who is a gentleman far advanced in years, for
bringing the cases forward.
Buchanan said he had felt it to be a public duty, end
had travelled 30 miles to take out these summonses.