The Express.
London, England, 1847-12-24 00:00:00

COURT OF EXCHEQUER.

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Now Fanno.—Beiire 81r F. Polloek,C.B., and a London Special Jury.
MACHU( O. Till SOUTH-WISTERN RAILWAY COMPANY.
—LIABILITY OF RAILWAY COMPLNIBB as CARRIERS.—Sir
F. Thesiger, Q.C., Mr. Woolrych, and,Mr. Partridge, were
counsel for the plaintiff ; Mr. Martin, Q.C., and Mr. Mon-
tague Smith for the defendants. This was an action brought
by the plaintiff, a silk merchant, carrying on business in
London, against the defendants, as common carriers,
to recover 1251. 16,. 10d., the value of a bale of
silk entrusted to the defendants, to be carried from the
Andover.road station to London, where they undertook to
deliver it to the plaintiff. The defendants pleaded not guilty,
and also that the silk was of greater value than 101., and that
no intimation of its value had been made or given to them
by the plaintiff, although they had published the usual
notice, limiting their responsibility to that sum, under the
provisions of the lot Wm. IV., c. 68. The plaintiff replied
that the silk had been stolen by one Thomas Johnson then
in their employment, and upon that allegation issue was
joined. It appeared that the bale of silk had been de-
livered by the plaintiff's agent to the defendant.' servants
on the 23dof November, 1848. at tke Andever-road station.
It arrived safely at the Nine Elms station on the morning
after, and was with other parcels despatched for delivery by
Johnson, who was at that time carman to Messrs. Chaplin
and Horne, who were proved to have been the agents of the
defendants. Johnson shortly afterwards returned and stated
that he had lost the silk. Suspicion attached to him, the
police were apprised of the facts, and instructed to keep a
sharp look out after him. He was shortly afterwards
dismissed. In a few dam however, a policeman named Storer
received such information from a person bearing the extra-
ordinary name of Austrian Joseph Benjamin Webb as led te
the apprehension and prosecution of Johnson, who was tried
and acquitted of the charge. A lad named Fry, who had
accompanied Johnson during the delivery of the parcels on
the 24th of Nov., deposed that Johnson delivered a parcel in
Charter-house-square, shortly after 5 o'clock in the evening
of that day, and that he had acted in a remarkable and un-
usual manner respecting the delivery-book when returning
it.—The witness Webb, who gave • most extraordiamy se,
count of his life and adventures, deposed that he had seen
Johnson with one of Chaplin and Horne's weggono?,at C barter-
house-square about the time the parcel had been delivered,
as Fry stated. He also stated that he saw Johnson deliver •
parcel answering the description of the bale of silk in ques-
tion to three bad characters, who drove off with it. That
was on Blacklrian-bridge : they drove off towards Smithfield.
He said he had been, and continues to be, a paid assistant of
the police. His duty was to watch bad characters and give in.
formation whenever he could obtain it. He had been a wit-
ness in criminal eases 100 times. He received 3s. 6d. a day and
his expenses while attending to give evidence. He had himself
been imprisoned frequently forloffences.—For the defendants it
was contended that the evidence was very improbable, and
scarcely to be relied on.—The Lord Chief Baron is summing
up told the jury that they were not called upon to sift and
analyse the evidence against Johnson as closely as if they
had been trying the criminal charge against him. It was,
however, the plaintiff's duty to satisfy them, as reasonable
men, that the silk had been stolen by Johnson. The charge
certainly mainly rested on the evidence of Webb, who was
corroborated by other witnesses.—Objectiena as to the de-
fendants' liability, on the ground that Johnson was the ser-
vant of Messrs. Chaplin and Horne when the property was
lost, having been taken, and leave to move the court in
baneo upon them having been reserved, the jury at once
found a verdict for the plaintiff.—Damages, 1251. 16e. 10d.
Those sittings were terminated yesterday evening.

SHERIFF'S COURT.
Delon Mr. Undasherlff Bureb44l.

WALKER O. 811-I.OT.LI—FALS; ileeeleONMENT.—This
was& writ of inquiry to aseese,the action being brought to re-
cover damages for trespass and false imprisonment, judgment
in which had been signed by default. In the month of May
last a person named Clarke, who lived at Hammersmith, in-
structed an auctioneer and broker named Young, to remove
from his residence all the furniture, &c., ant Young sent the
plaintiff, who was his clerk, and two other men to carry out
such instruction. The defendant in this suits retired licensed
victualler, was Clarke's landlord, and he, considering that
the goods were being removed underauspicious circumstances
offered some opposition, but the parties persisted, and when
the van was loaded, and they were proceeding to London
with it, the defendant discovered that, amongst the Iftiods,
the men had packed up a gaudy of paper hangings belonging
to him, and be gave them into custody for stealing
it, as they not only refused to give it up, but threatened vio-
lence to any person who offered to interfere. They were
examined before the magistrate at the Hammersmith Police.
court, whe ordered them to be discharged.—The defendant's
case was, that he let the hones at Hammersmith to Clarke
in March, and that he lied some paper-hangings on the pre-
miaes. Clarke had entered upon possession, and had got
into the books of every tradesman is the neighbourhood.
The defendant found that Clarke was having the goods he
bad obtained of them removed in a clandestine manner, and
he, as the landlord, demanded of the plaintiff by what autho-
rity he was removing the goods. He was treated with deri-
sion, and told they had " the governor's" authority to take
the things away, and he had no power to prevent them.
Be: aubeequently learning that they had taken away hie
paper, he insisted upon having it, and, as it was refused, he
yes them in charge.—Eight or nine of the tradesmen who
were victimised by Clarke, gave evidence. One of them
Mee defrauded of goods to the extent of 1181. It was agreed
Art payment on delivery should be made, baguet • beellan
ma ever paid to any of them.—The jury gami PAM
ate tardung damages.
PILOCLAXATION or 0 VTLAVIZY.—Tbs klistabi pomp
have been proclaimed under proem el amibiery tbe
hustings at Guildhall, in the City et Lesia• James
Hilda the younger, of Hounslow and RobmliHge ;
liar Paget, commonly known se Lord Willies Pert; John