The Express.
London, England, 1847-05-17 00:00:00

COURT OF EXCHEQUER.

Ma rms.—Bet on P.Pollock, atul aLoodoe Common Jury.
CHILTON V. YRS CROYDON RAILWAY COMPANY.—
FALSE IMPRISONMINT.—INTERESTING TO RAILWAY THA-
.

VELLISIUL—This was an action brought by Mr. Chilton, who
is a member of the inner bar, to recover compensation from
the defendants for having been detained in custody by one
of their servants, under the following circumstances .—The
plaintiff, coming from Sydenham to London, by the Croydon
Railway, lost his ticket, for which he had paid one shilling.
On arriving at the terminus in London, he informed one of
the servants of the company of the fact, and offered to pay
the fare from Sydenham again. That offer was not acceded
to, and a demand was made for one shilling and three pence,
the first class fare from Croydon to London, which was re-
fused by Mr. Chilton, who was thereupon taken into cus-
tody, and detained at the station-house about twenty mi-
nutes. He subsequently communicated with the secre
of the company, complaining of the coon. pursued towards
him, and stating that, upon public grounds, he was desirous
an undertaking should be given by the defendants that they
would not enforce in future the bye-law under which they
conceived themselves warninte I in demanding the highest
fare from any passenger who happened to lose his ticket.
The defendants refused to give any undertaking upon the
subject, and the present action was then brought in trespass
fur the recovery of damages for illegally detaining the plain-
tiff in custody. A justification, under the sapposed bye-law
was pleaded, but the Court of Exchequer held, upon
demurrer, that the bye-law, relied upon, did not afford a
sufficient justification for the trespasses c, mplained of, and
gave judgment for the plaintiff. The defendants also pleaded
Not guilty" upon whilh the present issue turned. After
the case had proceeded for some time, it was suggested by the
learned judge that the defendants should apologise to Mr.
Chilton, and if the apology was deemed sufficient, the jury
might return a verdict with nominal damages.—Mr. Ken-
nedy, who appeared as counsel for the defendants, stated
that they did not feel themselves oalledispen to apologise, and
declined doing so. They considered they were merely aster-
ting a right which, if not established, would render it impos-
sible to carry on the business of a railway, and would
subject that company to the utmost abuse and fraud.
It was to be regretted that the plaintiff was ex-
posed to so much personal inconvenience, but it
should be recollected that if a person fraudulently disposed,
having ns ticket, could insist upon being allowed to leave the
ration upon tendering the fare from any station he thought
fit to represents that at which he had entered the train, the
most serious and extensive frauds might be practised upon
railway companies.
The learned judge, summing up,strongly commented upon
the fact that the defendant& had refused to make an apology.
Railway companies, it clearly appeared, were disposed to act
differently from individuals in matters of that tort—they
acted upon different principles front those whim governed in-
dividuaL. At the same time the jury should give moderate
damages, proportioned to the injury sustained. See P.
Thesiger, with Mr. PerjeantChannell and Mr. Peacock, were
the plaintiff's counsel. The jury remained upwards of an
hour in deliberation, and returned a verdict for the plaintiff.
Damages, 0001.
The entry contained upwards of 80 rouses, but as Saturday
was the only day allowed for the trial of causes at these
sittings, only a few were disposed of.

CENTRAL CRIMINAL COURT.
OLD COLlFa.—Beforetlaron Alderaoz!.

FORGERY -0; ‘..Al7essio!7WAliriNT:L7-ydia Barry,
50, widow, was indicted for uttering a declaration and certi-
ficate, for the purpose of fraudulently obtaining a pension
due to one Frances Landon Gettrey, with intent to defraud
the paymaster-general ; and Louisa Norris, 22, was indicted
for aiding in the commission of the felony. The prisoner,
Bony, pleaded guilty. The circumstances were these :
James Guttrey, a lieutenant in she 'loyal Navy,died in 1&33,
and his widow became entitled to a pension of 601., which
she received up to the time of her death in 1811. Mrs.
Outtrey lodged in the house of the prisoner, Baser, and ever
since her death the prisoner had gone on receiving the pen-
sion, by falsely representing herself to be Mrs. Guttrey.
The other prisoner merely appeared to base been her
instrument in signing the certificate required of the
clergyman of the parish, to the effect that the person apply-
ing was the party she represented herself to be, and also the
declaration to the some effect made before a magistrate. Four
or five times every year the clergyman of Cnpplegato had
given the cert finite, without any inquiry, which occasioned
some strong remarks from the court.—The p.isoner, Beery,
was sentenced to three years' imprisonment and hard labour,
the learned judge telling her, that but for her age, ho should
certainly have transported her. The other prisoner was
Acquitted.
CAN A WITNESS CRIMINATE HIMSELF?—E. Garbed,
34, attorney, was indicted for feloniously forging and utter-
ing a bill of exchange for 601., with intent to defraud Wm
Booth.—The prisoner was committed by the Lord Chief
Justice, at the Kingston spring assizes, where he appeared
as a witness for the defendant in an action that was brought
upon the bill of exchange in question, by a gentleman named
Bbigden against Mr. Booth, the alleged acceptor of the bill.
In addition to the positive statement of the latter, that he
never accepted the bill, or gave any authority to the prisoner
to do so, Mr. Martin, who prosecuted, said he could show
by the prieoner's own admission, that he had ao such authority,
and that he had forged the acceptance. Ile then proceeded
to read the examination of tho prisoner, but when he arrived
at that portion where the alleged admission was made, Mr.
Chambers, for the prisoner, interposed, and said he should
submit that this portion of the prisoner's exemioation could
not be received in evidence. When he was questioned upon
the forgery at Kingston, he objected to answer the ques-
tions, and called upon the court to protect him from erirni-
oaths; himself, but Lord Denman insisted upon an answer
being given, and his subsequent statement was made under
the terror of a committal to prison. Under these circum-
stances he submitted that the evidence so obtained could not
be used agaiest hint—Baron Alderson said it was certainly
a question of duress, and he differed from the Lord Chief
Justice, and considered the prisoner had a right to object to
answer the questions that might criminate him. If
he had been 'ware that so important a question
would have arisen, he should have obtained the
assistance of some of the other judges who were
upon the rota to attend the court, but although he should
not be so indecorous, as a single judge, to over-rule the deci-
sion of the Lord Chief Justice, he wished to guard himself
against agreeing with it, and if it should be necessary, he
would certainly reserve the point as to the admissibility of
the evidence so obtained.—Mr. Martin apprehended that
what Lori Denman said in substance was, that the pri-
soner hat
_Tolantarily told part of the story, was bound
to toll the trele of it.—Baron Alderson said he did not un.
derstand that to be the rule of law. A man might be
bound to wine some mistime, but he was of opinion that
be bed a right to mho* to avower those that were likely to
ems him Is eiteatia Isimisalf. At present he should
admit the statement la evidence, reserving for further
argument the 4milaa whether it was legally admissible.
The following edisaes was then adduced ..—Mr. W. Chapel,
the associate to Lewd Denman at the arises at Kingston, pro-
duced the bill inquisition, which had been impounded. The
short hand notes of the trial were then ppaast is sad read. The
most material part of the prisoner's eviivoce ea that works
was to this affect :—That the acceptance In knedisa wee net
in the handwriting of William Booth ' • that be Maw who it
was accepted by. having been present at the teensy mil when
asked to name the party he seed, " I am in the bark of the
emit," and he declined to wawa any meestkes on that
point, whereupon he was camitted by Daman. The
nest evidence was that of the prosecutor, William Booth,
who stated that he wee a lanam, mid resided in Skop-
shire. He bad known the
e4laoser about fifteen peon, and
in the year 1846 bias profeeekmally k wend
tnnusetions. The to the UM la gesedes was not
in his hand, sad bed sever, either diresily or le&
reetly, atitlithe phase to swept it he Wm. The wit;
um was crosammiesil atpeatlemthW Mr. Cilantbers es to
other balls. He admitted lakewerladge am he phoney had
emoted several Mier bps la lie arse, mil Oat he had
taken no step te punish him ter se_
Mini rte t •
mimesis& of ewe eonduct, bat hr halar 'suet
bevies ewe said to t'. e primer, wih Mame. to thin
balls, " I ha% miad your wing my same ~hike I den's
pet late way trealie.* Re farther skied hat as he has
whim dlil 1111 is quietism was erase be did ant owe the pri-
soner any wy. The bill having beam put la sari nod,
the ME on _ put of the promeshea eineed.-1111r.
Clambers addressed the jury ea He peel of the philter,
webs that after the alleged forgery the phase might have
kept eat ei the way if he pissed, lamed of whisk he ap-
=lrase hams on the trial, the pameollope at which 1
dis Ms big piked he Ids present usheamate pre-
INIIIMEME. Sim edit est teliZonsortimess.—Kr. lbws Alder-
son, ea mearelme up the said that the yokel*
quokka he the ccedderatisa the jury wee Whether
with edema to the penis= treadoet of the yeaser that
etas heameler bed bees seek se to give the Orem gay
resiematio Irma he that the preesenter bad '
pima him my eleha apron et , to pet Oh same 111
bib Ili 0111iMMON 081 Ma TAN,. bad ~ea to
Oahe yeemehereveablahlhe him Me phi& him ifT2l.
se. The imy, @her a key hod eemaltaties, ratanied •
mak at Gisihy.—The phew hard the ~id with
bdiffaronet, and kook hands with some( his friends
pr
Ish the leek. Ravin not receive seateme until
the aids. of the thane judges is know* ea the points
reesernpal he heir essokiseadm.
The Ina ji,fr NM deb kart, and having isemmed his
kaiak that ahoy had eskiaded their labour% they wore
diethavied.

POLICE.—SATOADAY.
MANSION-HOUBB.--Cauuoll or SWINDLINO.—Lone
Moe was re-examised, charged with obtaining a large
quantity of goalie miler false pretences the cage appeared
la this paper of Mamby hat. The prisoner csme on the
Ida it Apprr IMI. tbe'irerthouse of Messrs. Baker, Tucker,
Odd 0.., 6r sizty-is pieces of silk handker-
aidah, ea appesbaltisa, aid on the Bth he had ten pieces
am, whisk int sailor boa returned nor paid for, and
miss lad lossa_pswast—iltr. Michael Willis, warehotwe-
www fl Mika Taaer, and Co. stated that on the
ea directions from a gentleman of the estab-
Nabeneisigs imi seised up sixty pieces of elk Corah.—Henry
clika= wfrie, staid that on the 28th of April he
had to Wm ems parcels of goods to Mr. Elkan's
warehouse, mil he miergiaily conveyed them to No. 38,
Bueklersbnry, sad delivered them to a lad in the film Mr.
Elkan was not isent at the delirtry.--Tdr. Frencombe,
clerk to Mean. Baker, Tucker, and Co., identified the fri-
volo, he had inclosed in the parcel of Corals', which had bpi

.G, MAY 17, 1847.

EVENIN
seed to the Owner on the 28th of April, and which con-
third of ten Pieces. He liad,tince the last examination, seen
the tan plods retorted to in the invoice at a pawnbroker's shop.
The porter who left these ten pieces at the prisoner's ware-
house', deposed, th it he had received them from Mr. Fran-
and delivered them on the 28th of April.—Henry
c
man to Mr. 3. Grant, pawnbroker, of.
London-
=that on the 28th of April, ho took the ten pieces
produced in pledge from the prisoner, and gave to
Ms the ticket produced by the officer.—Mr. Jame, Patter-
iem, who, the ?rimer at the first examination said had pos.
elision of the property, said he was an agent for the sole of
Irish linens, anti other goods of the kind. On the 27th of
April he received 6'5 pieces of Corahs trans the prisoner, and
saw him on the ocessien. He bought dam from him at
1/. Is. 6d. a piece, and then bad them In his possession. He
did not pay for them, as the prisoner was owing him money
at the time to a larger amount than the peopertyreteived.
Such was the understanding between them. The Lord
Mayor, and the counsel on either aide, considered Mr. Pate
tenon as exonerated from any charge of having received
stolen goods—Mr. Humphreys, for the prosecution, applied
for a remand till the goods should be produced : and the
prisoner was remanded:
BOW-STREE C.—Concur.; To CATI.DRITERS.—nonue
Cole, driver of 2,622 cab, was charged by Sir Alexander
Gray Grant, with preventing him from taking the number
of the Stamp-office plate upon his vehicle. The complainant
hired the defendant, and as he proceeded at a creeping
pace the complainant put his head out of the window,
and asked if he was going to sleep, upon which the
defendant said he WAS not going to kill his horse for him,
and if he did not like the pace he was going at he might call
another cab. On arriving at his destination he gave him his
fare, with which he was dosed& fie& and b: cams very abusive,
and then drove away as fast as possible to prevent the com-
plainant taking his number. He was overtaken by • servant
and the number ascertained.—The defendant said that he
merely turned the horse's head, but never intended to avoid
having the number taken.—Mr. Henry said he was quite
saddled of his being guilty ofan offence whereby he rendered
himself liable to a penalty of .51 , or two months' imprison-
ment, exclusive of the insolent language made use of; bat,
as it did not ripped: that any comes:rat had heretofore been
made against him, he would mitigate the floe to 31., or mu
month.
A REFERENCE TO CHARACTER.—.-- Burke was charged
with uttering counterfeit coin.—Mr. Simpson, a chemist and
druggist in Bloomsbury, stated that on the previous evening
the prisoner, who was then exceedingly intoxicated, entered
his shop and asked for something to drink. Witness told
him that he had came to the wrong place, and advised him
to go home, as he considered he had too much already. The
prisoner, however, insisted on being served with something
or other, and in consequence, a small quantity of acid was
given him, fur which he was charged one halfpenny. He
received change for a shilling, and witness directly after his
departure discos ered it was a bad one.—lt ape
peered from further evidence, that within the last week be
had paned several other similar pieces, and that the sad.
ferers bad barn in dread of detaining him from fear that he
would inflict a more serious iojury on them. Through the
daring of an active officer of the E division, he was flashy
secured with bad money in his possession.—Mr. Combs
asked if the prisoner was known?—Waddington, the gaoler,
replied that a more notorious fellow did rot exist. (The
prisoner here made use of horrid imprecations, and protested
that he had never been in custody before.)—Mr. Combo;
What is known of him in particular?—Waddington ; To my
knowledge he was once a body-snatcher. He has been a
coiner and smasher for upwards of thirty years, and his ,
father was one before him. He has been a thief all his life-
time—tried for highway robbery and other felonies ; but I
do not rot lied that he has been convicted of any offence
higher than that of passing bad money.—The prisoner was
remanded, with intimation of committal,
MAHLItOROUGH-STREET.— BettionitExe LEM-
LATORS.— Lord Viscount Pollingten, M.P., applied for •
warrant against the Hon. G. Smythe, M.P., ot 68, Har-
ley-street, for having sent him a letter with intent to provoke
him to commit a breach of the peace, by fighting a duel.—
Mr. Clarkson, his lordship's professional adviser, rated that
Lord Pollington verily believed that Mr. Smythe intended to
prowke him to fight a duel, and he would establish this
point by the production of a letter written by Mr. Smythe to
Lerd Pollington, the previous evening. The letter had re-
ference to a dinner at which Mr. Smythe was to pr.xide, at
Eton.—Mr. Bingham, after perusing it, was of opinion that ,
the letter contained expressions suiticiently offensive to war-
rant the blief entertained by Lord Pollington, and granted
a summons against Mr. Smythe.
FELONY.—Rickard Wareing was charged with having
obtained goods from various tradesmen in the name of his
former m. ster, Mr. Shubrook, tailor, of No. 99, New Bond-
street.—W. Arthur, of No. 13, Marylebone-street, draper,
said the prisoner c.une to his warehouse on the 27th ult.. and
presented an order, purporting to come fr...m Mr. Shubrook, a
customer, for a quantity of black cloth, at a guinea a yard, and
some more cloth to pattern. Witness asked the prisoner how
long he had been in Mr. Shubreok's service, and the prisoner
replied, " For some time." Witness,believing prisoner's
statement, delivered to him property f the value ot 51. 16e.
—Mr. Shubrook said the prisoner had been formerly in his
employ for about seven or eight months. The order pro-
&teed by Mr. Arthur was not in his handwriting, nor had
he authorised the prisoner to get goods from Mr. Arthur's
warehonse.—Police-rergeant Mount, C division, said he took
the prisoner into custooy in consequence of information he
received. He told the prisoner what he was accused of. The
prisoner said the order was in his handwriting, but be
denied having been iu Mr. Arthur's shop. The prisoner
added that another person was concerned with him in getting
goods from various tradesmen in Mr. Shubrook's name, but
that this person had used him badly, and had got the greater
portion of the money raised by pawning the goods fraudu-
lently obtained.—The prisoner, in defence, repeated his denial
of having been in Mr. Arthur's shop, and he was fully com-
mitted on the above charge. Aa it is expected other cues
will he brought forward, the prisoner was ordered to be
brought up again in a few days.
MAHYLEBONE. ASSAULT AND RORRERT.—Bettja.
min Batton, a cabman, was placed at the bar charged with
wealth sad robbery. On the previous night, as Mr. Britton,
a painter, living at 18, Star-street, Paddington, was pro-
ceeding along Little Carlisle-street, towards home, being at
the time the worse for drink, the prisoner, who was a
stranger to hint, crotsed over from the opposite aide of the
road and gave him a blow which knocked him down; be
then ran off, and on prosecutor finding that his elle, r watt*
had been rolen, he penued the prisoner, who was taken into
custody by Nelson, 150 D. He had thrown the watch into a
doorway, where it was found. The prisoner, who denied his
guilt, was committed for trial.