The Express.
London, England, 1851-03-01 00:00:00

law iitttelitgence. awardhimthatthejuldgmebni, it was necessary p
and otherp (stool d roducertionbe,
forethe production of which the present act renders I
LNSOLVF.NT 1)EIBTOR8' COURT.—YEsnaorr. superfluous. The great object of punishment is to
PRISMS Sat (NOY F1•111119ANNI. deter others from the commission of offences; and, I trust,
is NI Hte4l.• Litre Asti ANNAIIAN LEFFi—NOVIEL POINT. that the great body of seamen engaged in the merchant-
Thew insolvents ((other and .on were furriers in the service will take a lesson from the sentence which I pass
Cite. and applied to he discharged from prism. Mr. Dowse wpm you. There is no doubt of the commission of the I '
opt:ow-al, and Mr. Sargood supported. offence ; and, unfortunately, it is not a novelty to you, for I -
la the case of the son a novel print was raised. Ile was you arc a seaman of some standing, and have been convicted !
prison on a friendly arrest by his own attorney, who now before.. I am still disposed to deal leniently with you, as
howl:lit. bins Is Gen the court. •The debt was exactly 201., ' you are the first transgressor under the new law. I could
endwise of costs and line for rent np to hot Christmas. !sentence von to 12 month.. Imprisonment, with hard labour,
t.
Mr. IS". 0i1...re...1t0 the sith section of the 7& ti Viet., but I obi t limit the term in my present adjudication. It m.
9el (the Protection Art), where it was declared that no must be generally known, that, in all future eases of the
IM ruin should he taken in execution or detained unless the I kind, I shall award a moreheavy penalty. My sentenceapon
SS
dolt •• exceeded 20/." exclusive of costs. In this ease the I you is, that you be imprisoned and put to hard labour, for
debt was 20).. and therefore he submitted that as appli- one month. IS
cation to a judge at chambers the discharge could be oh- Another seaman was charged with having loot his register I--
tailosl, this court would not entertain the petition. ticket.
Mr. Sam.' hoped the court would not dismiss the peti- Mr. Colman said the defendant might have loot the aa
lion ,in such a technical objection. ticket, as the information at the office did not aver any i;
The Chi, f r was of opinion that it was his particular matter against him, but unfortunately he had at
duty to dismis the petition, as the insolvent could not be excused himself in the same way on three former occasions.
d• room diu prism on such a debt. BeOdes in friendly The Lord Mayor—Then he has great negligence at IS
reeds it a:p esp. hit that the creditor should be benefited. least to answer for, and he must pay the penalty, 10s., be- 3,
It was the trinciple ,if law by which this court was rests- fore he eau be furnished with a new ticket.
laud to discharge parties who could not otherwise obtain His lordship rapeseed a confident hope that the tr_sw act
So
tIo ir liberty. would prove to be most beneficial in its operation to the at.
The petition of the son was dismissed, and the case of the owners of ships and to those whom it was meant to keep in 17
tither adjourned for further evidence. order.
Is its THINAN Mogan.— StSPErisION OF AN ATTORNET.
In this ease the insolvent was opposed by Mr. Sargood,
and supported by Mr. lkorse. the attendance of Mr.
Ise Ablett, an attorney, in Neweastle.strect, Strand, an
;moony of this court, was required on two occasions and he
did not attend. The insolvent had employed him as his
attorney in this court, and he hail got hint to sign, as the
insolvent said, a schedule in blank, which was exhibited
in court.
The Chief Commissioner ordered Mr. Ahlett to be sto-
p lilted from practising as an attorney in this court, and
iLscharged the insole ent.

MARYLEBONE.
ALLLOLD ROISBERY sir Noyes.—John Taylor, a picture ht
dealer, residing at 17, Denmark-street, Soho, was charged 25
with haying been concerned with Joseph flamer, not yet in 20
custody, in uttering at the Bank of England a 401. note, Se
one of a number amounting to 750/., stolen from the house 341
of Dr. Osborne, Abbey-road, St. John's-wood.
i 0
The prisoner was limie4lit up on the previous day before
Mr. Hardwick by City Polieeman Menthell, No. 31, in con- t.t
sequence of his having offered a 501. note--one of those as
which were stolen—for change at the Bank of England ;
and, upon his being given in charge to the officer Marshall, 10
Le said he hail received it from Holmes, wbo is in the ser- 3t
vice of Dr. Osborne as confidential clerk, in payment of a 40
sum of money due to him. Ile mewed Mr. Is
Hardwick that ho was perfectly innocent of the at.
note having ever belonged to Dr. Osborne, and ill
said that he could, if permitted to do so, bring Holmes far- 94...„
ward in twenty minutes, to clear him of any guilty know- ;4.
ledge in the transaction. Dr. Osborne was not present to 25
prove that he had sustained any lose, and Mr. Hardwick bt,
gave him the opportunity of finding the man Holmes, and to
he was then taken away for that purpose in the custody of
Inspector Juckson, D, and the City constable ; but as he r,
refit. dto give the information which he had proffered, Mr. sp
Jackson had him again locked up, he having been given by at,
the magistrate to understand that he might exercise his own 25
discretion as to whither he should adopt that course. 93
The evidence given on the previous day was now read 131
over by Mr. Phillips, the clerk. It merely went to show
that Mr. Nugent, 6, Marlborough-place, St John's-wood,
had paid the note in question, amongst others, to Dr.
Osborne, and that the prisoner had admitted that he bad It 20
from Ili:hues. 10
Mr. Long (to Inspector Jaekson)—Can you carry this 10
case any further as regards a guilty knowledge on the part :LP
of the prisoner ? se
Inspector—l'll tell you, sir. When I took him out of the se
court yesterday he said I might leek him up, and do se I II
liked, as he should not tell me where Holmes was. I 2.
afterwards, at his with, took him to Dr. Osborne's 110W1114
at which he assured me everything would be satisfacteray
explained; but as that did not prove to be the ease, as he Is
refused to tell either Dr. Osborne or me where Holmes SS
might be met with, 1 had him conveyed to Marylehone-lano Is.
Station, where he was lucked up till this morning.
I)r. Kean B. Osborne examined—l reside at Antigua
House, Abbey-road, St. John's-wood. I know the pri-
soner ;beis a picture-dealer and restorer. Ile recommended in
Joseph Holmes to me about seven or eight months ago.
Mr. Long—And in consequence of that recurumendation
did you take him into your servire ? 20
Osborne-1 did; and he wished me to take one of hie "
own eons as a servant also.
Mr. long —When did Holmes leave you ?
Dr. Osborne--1 discharged him last Monday fortnight. ae
Mr. Ising—Now tell me, sir, what you have lost.
Dr. Osborne—To the best of my belief 7521., all of it in 171
bank notes, except two sovereigns, and the property was
taken from a drawer in my bedroom, the lock having been

ASSIZE INTELLIGENCE.
HOME CIRCUIT.-11EnTroRn, Fen. 241.
CIVIL GUM-14 Mal WAD Jr, CANI,II.I. AIM A SPWIAL

Jinn.
KINDS& V. THE LONDON,ANU NUILTIa WEATLYN RAIL-

WAY COMPANY.

This was an action to mover damage from the defend-
ants for injurie% alleged to have been sustained by the
plaintiff through the neoligeure of their servants. Mr.
icrjennt Sliee, Mr. M. (lumbers, and Mr. Bramwell were
for the plaintiff. Sir F. Thieiger, who wasepecially retained,
berjeant Ch.. 44444 'II, mud Mr. Bova' were for the Company.
This ease occupied the eonrt the greater part of the day, and
the verdict wee nut delivered until a late nour. It appeared
that the plai ntilf in the action carried en • very extensive limi-
ness us a fanner and grazier in the neighbourhood of St. Al-
ban., and he wee, also, in the con sem of the peace for the
iounty of Ilene, and that he was constantly in the habit el
travelling upon the North Western railway between Web-
font and leuelen. On the 30th January, in the last year, ft
appeared that the plaintiff had gone to London in the merle-
iug, and he roomed by the trine which left Bunton-wpm,
at half-pmt live o'clock, and it was upnn it's snivel at the
WaLead station that the aivident occurred which formal
the subject of the present enquiry. It was alleged oa the
put or the pi:indite that, after the train had been brought to
a panel-still at the station, and while he was fa
the Set of g. tting out of a tiret-elass carriage, and had his
foul upon the step, that the traits was again suddenly put in
motion, and the eussesquinee was that he was thrown down
la twilit the butleie of the carriage and upon the line, and
it appeared, that, hut for the prompt interference of one of
the railway porters, who seised bins by the legs and dragged
hist along the hoe as the train was in progress, the ear-
ners. must inevitably have vivisect over him and crushed
law to death. As it was he received very dreadful injuries
in level ; one of his arms were broken, his shoulder-blade
mac-severely injured, lie eutferiel euncumion of the brain,
and the result of this was to cause paralysis of one of the
ey s;atel be had altimate:y host the eight of it. It also ap-
peered that he was delirious for a eiliesiderable time, and se-
vere' montheelapeed before he war able to get about at all.
teem gentlemen who were in the carriage with the plaintiff
were celled 4.4 niter-sees, but the evidence with regard to
tb Intl ee. mode in which the accident occurred did not
estatilieti that fact very clearly, and nurse of the witnesses
vo re able to state positively how the dour of the carriage
became rips le and whether it was •ipened by one of the reel-
trey porter* er by the plaintiff himself ; but it was ad-
mitted that the train was in usutionat the time be attempted
to hare the carriage. The evidence upon this point, how-
r, was also '.l a eclair:grin:tory character, one of the wit-
o• sac, a gentleman mimed Dorset, who was travelling in
the train, etetiire positively that it hail %bopped, and that
one yf the railway porters opened the door of the ear-
num in which he was riding, and that as he pained
tlw carriage he saw him etauding in it, the
tree. being at that time perfectly still, and he said
that he did ant hear of the accident until after he had
• netted the railway bridge and gut into the Watford mal-
lets that was going to St. Albans. These Were the main
test. adducted iu illenee in support of the plaintiff's ease,
and it was suggested that the accident had arisen in
suns name tit the engine, which has usually water token
in et tVatfiml, net being driven sufficiently close to the
watering piece, and being suddenly shoved on murder that it
might lie 10 the popper renew to eccure a supply, and that
the. was the 4..otet of the accident.
hie F. 'lle:serer, in hie addreeri to the jury on behalf of
the company, said that although they, and esery one else,
BMA dr. ply deplore. the euffersug that had been sustained
by the planstill, yet they must at the same time take care
not to let their e) myelitis-. divert them from acting accord-
ing to what the pane*: of the case nekuireiL The company
were esde responsible when any injury was proved to bare
been pecanuiled by the urglieence or want of caution of
their servants, but if a perew revised an injury from his
own want cal caution, or 111.01 disregarding the regulations
of the emipany, in that case no wetter what might be the
reheat of the injury, as it was the r. cult of his own art, the
company etc, met revieteueble ewl could nut be called upon
t., pay any damages. Ile tie h eaid that, aceordieg to his
iustruelions, the unfortunate areids-ut was entirely owing to
thy plaintiff's owe Male of caution, and if he cutablislud
that eget he should le. entitled to their verdict.
A number of witweees were then examined, the first of
whom 144.• the porter, James Mat. to whom, nu doubt, the
plaintiff owed the I.n-el-ration a his life upon the occasion
position. Accordine• to his evidence he had received
sons direction. to look out for a lady who sus to arrive by
the train, and seeing her in the carnage neat to that arm-
pica by the plaintiff, he gut upon the ledge of that carriage,
and riser mu to tin elation, and he end that beliere the train
Lel stopped he saw an arm come through the window of
the Online*. carnage and open the dour, and the plaintiff
jumped out while the train was going On and the moment
Is. feet touchedthe platform he reeled and: fell down under
the buffers of the carriage. The train was still going on,
sal he was obliged to drag the plaintiff by the legs along
the line to preen tit the carriage from going over him,
and the witness said the plaintiff some time afterwards
gas, him U. as a gratuity fur the assistance be had ern-
d.red him. In addition to this evidence it was proved
by the driver of Ilk• engine, and the guard of the train,
tint nothing at all particular occurred with regard to
theta:6ooer in which it was stopped upon the sveniugin quen
tow, and it was positively dented that the train was either
holed or shovel suddenly forward. It was also proved
by the statioa-master that the plaintiff had p.sea in the
constant habit tit jumping out of the train benne it stopped,
and that he had liven remonstrated with upon the danger of
such a proceeding, and upon one occasion when he had so
acted he was only oared from falling by the station-master
catching hold of hull. It also appeared that some time
alter the accident, in the coarse of a conversation he had
with the stetion-to ~ter, the plaintiff mid that the accident
would be' a warniug to him as lung as he lived, and that he
would never again attempt to get out of a train while it
was in =Wien. _

forced. 6O
Mr. Long—When did you miss your money ? SS
1/r. Osborne—Last Wednesday. 121
Mr. Lwag—When did you lust see it safe ? So
12J
Dr. Oeborne—The day before.
Mr. Long—Was Holmes at your house on that day. go
Dr. Osborne-11e was, sir; since he left he ha. comeback le
to attend upon me until I could suit myself with another
versant. While I was at dinner I rang the hell for him, 50
but he did nut answer it, and I directly afterwards ewer- so
tainl that he had absconded from the place. The money gs
was, in all prolohilitv, stolen while I was dining.
Mr. Long—Was li4• aware that you kept money in the I 2
drawer you have spoken 44t? II
Dr. Osborne--I don't know that he was, for I kept that sh

matter as quiet as possible,
Mr. long --And you have not seen him since, have you :
1)r. 04sinie --I base not, air.
Mr. Long—llave you received any part of your property ?
Dr. Osborne- 1 have. Since the prisoner wax examined 33
here yestenlay 1 have had sent to me, through the Parcels „I
Delivery Company, a paper packet of six notes for
Had. each.
The said packet was produced by, Inspector Jackson,
and the address thereon was stated to be in Holmes's 21
handwriting. 10
Mr. Long—Have you seen the prisoner until now since I:,
he recommended Holmes to you ? ei
Dr. Osborne—lle has brought a picture to me, but I did
not purrhare it of him. I always had a pretty good opinion Cl
of Holmes, and 1 really do think he has been instigated by io
te
the prisoner 111 commit thit rubbery.
The prisoner, on being asked if he had anything to lil
any, replied that he was iiinnecat ; and that if Mr. Holmes to
will tome forward he will prove me to he so. Bt.
Mr. Long remanded him till next Thursday. 11l
GREENWICH. • 84-
Enoch P. Barrett, switchman on the Brighton line, Mary
Ants Barrett, his wife, George Barrett, his brother, John so
Emma and Elisabeth, his wife, and Robert Barrett, of New- lg.
part Pagnell, were charged (on remand) with being eon- 20
teemed in stealing divers packages of goods from the goods 25
trains of the Brighton and Dover Railways. 10
Mr. Church, from the firm of Dither and Co., solicitors, 4.
City, appeared for the railway companies, and Mr. Cantor, to
eueriner for West Kent, and Mr. Neale, a solicitor, from a 1
London, attended for the prisoners, and the court was Is.
crowded to omega S li
The first witness called was William Stanley, warehouse- ~
man to Messrs. Towson and Co., of St. Paul's Church-yard, '•
wholesale dealers and Manchester warehousemen. He de- ts
posed that on the 19th December, 1840, goods to the amount 17
of 32/. IL. were packed to order for Messrs. Turner and
Cu., of Shoreham, in two packages, a box and a truss. The 1,
box amounted to 171. 90. 3d., and those in the trims to "
151. Is 9d. Some gloves and pieces of printed handkerchiefs
were produced, which he believed to be a portion of the
property. They corresponded in part to the goods sent by 20
railway. : 20
Thomas King, clerk to Chaplin and Home, Swan and 2°
Two Necks, Lid-lane, produced a book, in which were 22
entered two packages, as described, on the 19th December, 3
1849, and he signed the delivery-book from Messrs. Pawson 20
and Co.'s, after which they were forwarded to the railway 20
station, to go by Brighton train. 111
William Scarborough, servant to the Brighton Railway 2
Company, as guard to the delivery van, received the pack- 20
ages. and signed the book. He took them to No. 1 plat- ip
form, Chichester station, and saw them ticked off by the to
way bill. 10
Alfred Bennett, foreman of the goods department, proved 20
making an entry of truss and box, on the 19th December, .„2°
1849, for Turin r and t'o., Shoreham. They were placed I'
on truck :588 ; examined and found them correct before the
train left.
George Bonasny. clerk at Kingston Wharf, Shambles
station, produced• a way bill from the Bricklayer's Arum
station, with entry of him and truss for Turner and Co.;'
mimed the truss on examination of the truck; had fee!'
Ispently lost parcels ; the usual slaecting that covered the!
pods was disturbed, and in the truck he found some lucifer
matches and some loose coffee.
Mr. Hudson, clerk at the goods station, Brighton, said
be examined the truck, and found every appearance of its
having been disturbed ; found footmarks on the side, and
footsteps as though a person bad gut over a wall.
&ysteefit Carpenter, 38 R, said that on the 29th Decem-
her, 1849, he received information from Hudson and
Bonamy that goods for Turner and Co., of Shoreham, and
Taylor, of Steyning, had been stolen from a goods train
from London. • He saw the truck, and observed feet marks
_ ___. . .

- -.---. ,
Tho Chief Justice, in summing up, said the only quer 1
bon the jury had to (mushier was, whether the unfortunate
accident hail licen ocea-ioncd by the negligence of the see-
rants of the defendant or by the want of caution on the ,
part of the plaintiff himself. A railway company did not
undertake positively to insure the safety of their reemers,
or to proteet them from the consequences of thefr own Im-
prudence. and if they were not satisfied by the evidence
that the accident was the result of negligence on the part
of the defendants then, notwithstanding the very 'MOW
Whiff* of the injurie. the plaintiff had received, and the
buttering he had undergone, and which of course they must
all deplore, still if it was not established that that injury
was the result of the defendants' neglect they were en-
titled to a verdict.
'the jury retired, and after being absent for nearly two
hours, they vane into court and said they had agreed to a
terdot t..r the plaintiff, but they could not settle the amount
of damage., and wished to know whether his lordship could
assist them in the matter.
The t•hier Justice said he could not dons; it was &matter
entinly the their consideration.
Thev thin again rctited. and at seven o'clock they pro-
ceeded to the judge'. chambers, where they gave a verdict
for the plaintiff —lliuuages, DO.

of dirt on the buffer. W itness produced 5 red cravats, 7
pairs of gloves, 3 down braces, itc., found at Genw
Barrett's house at Newport Pagnell, which matched the
gothic charged per invoice to Turner and Co.
Matthew Owen, police inspector to the Dover Railway,
produced 3 skeleton keys and 54 cotton handkerlhiefs found
at the house of George Barrett at Newport Pagnell.
George Conway, from Pawson and Co.'s, of St. Paul's
Church-yard, believed that the handkerchiefs were in part
those sent to Turner and Co., agreeably to their traveller's
ortler.
Sergeant Carpenter proved searching the premises of E.
Barrett and John Evans, at Albert-street, Deptford, and
finding the articles now produced, as well as duplicates of
other property nut yet ready to be identified.
It being stated that much more evidenes would be forth-
coming, the worthy magistrate adjourned the further hear-
ing of the case until Friday nest, and remanded the pri-
soners to Maidstone gaol for that purpose, admitting the
prisoner John Evan+ to bail, the evidence against him being
of a very slight nature.

TILE POLICE COURTS.
_
MANSION-BOrfflL
Ilex SIN, racist t sitir.-lEilliass ilarshall, a seaman,
easbreught Is,fore the herd ,Nlayor, charged under 13 &
14 Vw., rap. 93, with having deserted from the ship Mala-
bar, artsr Laving signed articles to serve on a voyage.
1 he caw: was the first brought forward since the passing
stf the mew act, and ezeitetl some interest amongst those
14.4-yod in shipeing matters. TM, act has done away with
necessity of pnaluring the log-hook to establish the
MKrAt.s.—Mr. loate'ss circular states that Welch
meat appeared. who stated that he had cashed the bar iron continues without alteration ; the principal makers'
market for rails at low limits. Scotch pigs may be quoted
serious evil, and you are the first person prosecuted in request. Swedish Steel.—Some parcels fur spring ship-
.l. ft. Ido not at all like to st nd to jail persons in your meat may bo had at 151. 2s. 6d. Copper remains the same
ditien of life, but it is my duty, for the sake of the ser- as last week. British Tin continues easy at present prices.
.ut,
"let M such a manner as was rucessiu-y to justify the
eAcen:iitet,uutuf
haini‘miin;,,liwat,ne puunisk.lim, ent upon an offender.
tendant's ticket. and that the defendant had absented are firm at I/. 175. &1., some second band parcels, favourite
uuul9 three or four days, when he' might base got to his brand., have been sold at 41. 11.., inferior, 4/. 12a. &1., free
tlorl. and that be could have gut plenty of assistance, and on board in Wales ; there are several large orders in the
knew the fast.
The Laid Maj. Of —This art has been passed to remedy a at 6d. per ton in favour of the buyer. Swedish urea is more
ke, sad to prevent the mischievous disregard paid to con- Foreign Tin.—. About 1,000 slabs have been cleared for home
.t" list this 'lwription, to inflict a serious ishment in consumption during the week. Spelter.—.so tons on the
.ohinstance. Under the old art the extreme punishment spot have changed hands, equal to 161. 2s. 6d. Lead is in
hh • map-14nd, could inflict was thirty days imprison- good demand for shipment. Tin Plates.—A large bulimia
and in order to give a magistrate the power to doing.