The Express.
London, England, 1862-08-16 00:00:00

[Stamped, ld. Additional.]

ASSIZE INTELLIGENCE.

HOME CIRCUIT.--Gon.Dioirx, Avoner 15.
(Before Baron Ilarda &ad a Special Jury.)
WATTS V. TEM LONDON AID BOOTS-TIMSTIAM RAILWAY
COMPANY.

This was an action broUglit by the plaintiff, who
wee the manager for the late Chief Baron Nicholson of
his refreshment booth at the different races, to recover coin-
psomtion from the defendants for damage be bad sustained
by rearm of their negleotiog to forward certain hampers
containing refreshment utensils from the Waterloo station
to Ascot racecourse.
Serjeut Ballantine and Mr. Laxton were counsel for the
plaintiff ; Mr. Hawkins, Q.C., and Mr. Wood appeared for
the Company.
Serjeant Ballantine, in opening the case, said that the
plaintiff had been for a great Many years the meneiper el the
booth of the late Chief Baron Nicholson, who was so doubt
well known to them all as attending the principal meecourses
to supply refreshments to the public, dud the action was
brought nadir these eireumateaces. It appeared that after
Epsom races a atunber of hampers containing knives sad
forks, glasses, and other nuaiwaries for • refreshment
booth, were sent-es the NM* Rims station, and as Ascot
races were approaching it we. not wondered advisable to
take them away, *ad it was arranged that they
should remain there until the 16th of June, the
day before the Moot races commeoced, and dire,-
tions ware given that they should be east down on
that day to the booth. Every other necessary was provided,
bat the hampers did not arrive, and the consequence was,
...s at dale Anna 41.,ww. Irea area. DO kthell aai
forks, or preemoratitek and the eastennete wind not are
served, and the p sustained Considerable loss, The
hampers did arrive about five o'clock in the after•
now, when the racers were nearly over, but they were then,
of Sousse, al no use, and the present action was brought to
recover compensation for the for the plaintiff had sustained
in weirequenee of the neglect of the defendant*.
Mr. H. B. Waite the plaintiff is the anew, deposed that
be had been connected with the late Mr. Nicholson,
the "Chief Baron," and the owner of Nicholaoo's
booth, for a great many years, and be was
in the habit of attending at nom, and maiming
the business for him, and sines Mr. Midwifess
death he had cannoned to do so for his daughter.
After Epsom races in the present year he sent
33 hampers, containing a portion of unsold stack, bet
which were principally filled with knives and forks, gime
and mockery, to the Nine Elms station, and be arranged
with the station master that thus hampers should remeis
there until the 16th of June, the day before Ascot mom
He then purchased the ground for the booth at Ascot, and
It we. erected, and all the necessaries were provided for the
accommodation of the public. It was expected that the
hampers containing the knives and forks and the other
essentials would have arrived on the morning of the races,
but they did not do so, and the consequence was that ha was
, put to very great inconvenience.
Serieant Ballantine-1 suppose the people wanted to oat
and drink, and you had neither knives and forks, ice
tier gleams, nee any of the things that were biometry to
enable then to do so.
Wituese—That was just my politico. He then went on to
say that he applied at the railway station, mid • telegnen wee
mat to Leedom, and it was assertained teat the trick cow
taming the hampers was at Staines, and they eventually ar-
rived at the racecourse about five o'clock in the afternoon,
when the moss were over. In ecesequesoe of this he war
usable to do any brains ; their general takings on the first
day being about 100/., whereas on this occasion all he took
was 91.
Croareaarninad—The " Chief Baron" was • noted elm-
ranter, and people need to like to wine to the booth en
to see him. Wires.e should be very glad to tee
purpose
.pia himself. (A laugh.)
Mr. Hawkins—Well, wait a few years, arid perhaps you
will do so. (Renewed laughter. )
Baron Martin—Magee the witness was to see his eppari.
tine.
Witness—Oh, my lard, I t'oo't wish to see his appari-
tion. (Renewed laughter.)
Mu Hawkins—l believe hie likeness in Lis wig and gown
was hung up outside the booth, as an additiooal attractioo ?
Witnese—Yes, and I have seen many of the geutlemen of
the her drinking champagne with him.
Mr. Hriwithis7Now about these knives and forks, tumid'
not you get any in the neighbourhood?
Witosee—No. I tried all I oonld to do so. I endeavoured
•
to.bsy, and beg, and borrow, or—
Mr, Hawkins—There is any one other thing that you
could do, and you must not do that, you know. (Renewed'Mei°
name— was not Maly such things could be got in a

In answer to further questions the witness said tha: the
profit on these takings was very large, and be coosidered it
was two-thirds on the amount, but, at the same time, their
expenses were very heavy. He paid 50/. for the ground for
four days' moss, and the coat of the booth and the expenses
of emoting it were vary cossiderablo.
Mr. Hawkins addressed the jury at some length on be-
half of the company, and he said the answer be was in-
structed to make to the action was, that there had been no
negligence on the part of their servants, but that the truck
containing the hampers in question was detsined either a. the
request of the plaintiff or of his agent, until some wise or
other goods was to be despatched with them. lie then
called two or three of the porters as witnesses, but their
evidence did sot at all tend to establish the case be had
stated on behalf of the defendants. . .

—r
The jury returned • verdict for the plaintiff. Dun-
ne% 40t.

(Before Baron Bramwell.)
HARVIT V. WEISS.

This was en action to recover the sum of 60/., that had,
se alleged, been obtained by the defendant by fraud and
misrepresentation.
Kr. Itlbton and Mr. Needham were counsel for the
plaintiff. It was Mated that counsel bad been retained for
the defendant, but no one eppeared on his behalf.
It appeared that in May last the plaintiff saw an adver-
tisement in :the Times, headed " Scholastic Agency,"
and represented that • person of ladylike appearance
and good education was required to superintend a
governeases establishment, and reference was made
to the defendant, who is a foreigner, and calls himself Dr.
Weiss, who was represented to be the principal. The
plaintiff thought that such an appointment would suit his
wife, and he bad an interview with the defendant, who
showed him books and represented that from ten to fifteen
shillings day were received in fees from governesses who
their name@ as requiring situations, and that the
business might be very much increased if it was superb's.
tended by a lady, as he himself had not time to attend to it
I properly. Upon the faith of the defendant's statement
Mr. Harvey gave the defendant 601., and an agree-
ment was drawn up by which Mrs. Harvey was to
attend at the office and conduct the busicess,
and she was to receive half the profits. She very
soon, however, discovered that the whole thing was •
swindle, for during the first week only two half-crowns
were received ; rn the second, eight ; and a very small sum
during the two succeeding week., when Mrs. Harvey left.
It was clear that the transaction was nothing but • fraud,
and it appeared that the defendant's only business was ad-
vertising for &memoriam, in order to obtain • fee for his
pretended endeavours to get them situations, and that the
money had been obtained from the plaintiff by gross misre-
presentation and fraud.
The jury returned • verdict for the plaintiff for 604, the
sum he had paid, and also St for damages for the loss of
time of his wife. _ .

Jim lordship granted immediate execution.
ROBERTS V. RICKARDS.

This was an actiZT;iii;;,4;il;cilibel, to which the
defendant pleaded a justifimtion.
The plaintiff in this action, it appeared, was a labouring
man, and that he was in the service of the defendant, who
is a gentleman residing at Norwood, as gardener ; and it
appeared that on the 17th of Kay the defendant happened
to into the kitchen, where he saw the cook in the act of
some bread to the plaintiff, and believing that he was
robbed, he turned them both out of the house. The
plaintiff subsequently took proceedings in the oounty court
W recover his wages, and the defendant upon receiving the
summons sent • letter to him, in which he reiterated
the charge of robbery, and gave this letter open'
to a perms to convey to the plaintiff, who thereupon
brought the present action. The defence that was set up
was that the plaintiff had in reality been guilty of stealing
the breed that wee given to him by the cook, and the de-
fendant swore to the fact of finding the latter 'kneeling large
piece* of bread to the Plaintiff ; but on the part of the
plaintiff it was sworn that the bread so given merely con-
sisted of scraps and smell piens, and that he intended to
give them to the defendant's dogs.
The jury returned a verdict for the plaintiff, with 501.
damages.

OXFORD CIRCUIT.--(hzuczens, Attauer 16.
°SOWN COUBT.—(l3don Mr. Justice Blackburn.)
NUMMI BY ♦ LUNATIC.

Henry Constant as old man, brtween 80 and 80 yeam Cl
age, was indicted for the wilful murder of John Oaoil, an
the 10th June last, at Newland.
CM the application of Mr. Hill and Mr. Sawyer, irridenot
was given by Mr. Pstmore, surgeon, the governor of Olen-
maim Omit, and otters, proving that the primmer was imago
and enable to distinguish right from wrong, and not meow
ibis for his own actions. The jury, after hearing the *A-
deans, pronounced the prisoner insane, and he was ordered
to be detained in custody during her Majesty's piesenza.
The prisoner, when called upon to plead, made no reply,
and appeared quite unconscious of the position in which he
Mead.

NORTHERN CIRCIIIT.—Lxvmoot, Auovorls.
I. his amp to the rood jary_to-day, at the ofillakiii
Mot South twaecwhini mists, Bum Wilde aid :
Thum are two very serious moss of murder, as. of which

[TWOPENCE

has united a rood deal of public attention. I mean the
mes of the man and woman named Taylor. who attacked a
house.ageut in Manchester. If the circumstance is laid
before you. as 1 surmise it will be, it will be very clear that
the male prieoner killed the hou.e-sgeut, and no doubt that
would be a case of murder, for it was without provo-
cation. His wife was with him. Now, I dare my
you are aware that the law makes oonsiderable
concession in favour of a wife, and that as regards
smaller offence' the law considers the wife so far under the
control of her husband that it does not bold her responsible;
but that does not apply to • use of murder : and if you
should be of opinion that the wife took part in the murder
—which seems doubtful SS to an arrive was pre-
sent with the husband with a oorninon intent of sidieg and
smarting him, it will be your duty to and a bill against
her. if the contrary be the C 11•19, you will find the bill
only against the husband. There has been, in 0011SOXi011
with tine ceae, another dreadful murder committed by
somebody, for three of the Taylors' childrea were
found dead in the house ; bet that part of the ease will
not come before you, for it has been impossible to
trace the deaths of those children; and perhaps the
lees public mention that is made of it the better.
The other case of murder is that in which a pole:oath was
shot amoral men were engaged in this outrage. Some
trade quarrel had taken piece about brickmaleiag, sod •
number of mess went out at night to trample and destroy
the bricks. A conflict took place with the police, and three
or boor of the men being armed, one of the officers wee
shot. You may have some doubt as to whose was the band
that fired, but if you are satisfied that the prisoners were
of the party, you should fled a true bill against them all,
sad is side seat we will aft the /101641, SP to the waster
or lesser rant of the men. In both of thew eases the
iliolence charged against the prisoners was utterly without
provocation. Hie 'lordship, slier some general remarks,
then dismissed this jury to their room, and the trials were
soon afterwards proceeded with.