The Express.
London, England, 1865-01-03 00:00:00

TUESDAY EVENING, JANUARY frr 1865.-

LAW INTELLIGENCE.

SHERIFFS' COURT, RED LION-SQUARE.

Jilt. 2.

(Beare Mr. Pb43lt3as and a Jon.)

LONDON GINNILL 0109.1011 0011PANY 9. DOOM - MUT

This was as steles to reamer 71. 10s. damages sustained
by the plaintiffs in canseqathes of the alleged negligeace of
deleadant's servant.
Mr. Beard, es the part of the company, called witnesses
to prom that upon • certain market day in September last
ese of the plaintiff,/ *buses was paring on iss joursb..
teem eight and aloe o'clock In the morning through White-
shape!, where the roadway is very much impeded by market
arta and bubbles' dills. As the 'bus arrived at a pertloalat
spot a lad was sem so lead a horse and cart acmes the road. ,
He was sailed to, but without effect, lad the driver of the
'bus, who ma vim between six and eaves miles an boor,
"sled to pull up. The lad became alarmed, end
kLlitr2.l
, dome, the wheel of Smart passing over his legend
it, the side pang of the 'bus being torn out by the "k7al
the cert.
Mr. Lswis Lewis called witnesses for the defeedsat,
to thew that the 'bus ma going at between ten and
twelve miles per hour, and that the lid in shame of the
cart was not at all to biome. The lad himself deposed that
plaiatiffe driver wee goiag at such • rate that he meld sot
▪ als•
Mr. Beard addressed tbe jury upon all the *rhinos, and
urged that it wee not likely • 'Mu oould move at the rate
deeiribed through such a crowded thoroughfare as White-
caleilonoar said that if plaintiffs driver bad In any way
contributed to the accident by hie own negligeom then plain.
tiffs could not recover. If the boy had alone canna the
atuddeat then defendant must pay, but if there were a clear
road the lad bad a perfect right to lead out the bone sad
eart, sad plaiatiff's driver was bound to wait. If both
Odom had bee guilty of negligence them plaintiffs oould not
FICOVIC
The jury found for the plaintiffs, but 'sprained a hope
that the sommay would do somethlag hoe He bet.
Mr. Beard said he would lay the troommeam before
the directom
Verdict for the plaintiffs.

WISTRUCTINO TEI ELVIN THANZI AN
• NICHOLSON'S WILABY.
—.—
At the Mansion-house police oourt yesterday,
Mr. Frederick John Bosky, JIM, appeared before Mr.
Alderman Stone, who was &Mimeo, the Lord Mayor, is me.
ewer to a summons taken out at the tutus, of the Thames
Board of Conservancy upon the complaint of Captain
Jamie, harbour master of the port of London, charging him
with hosier unlawfully hindered the complainant in the
aucation of his duty.
Mr. Brown barrister, appeared to support the oom-
plaint, and gr. Chasid, barrister, appeared for the de-
ftdest.
Mr. Brows, In opening the oue, stated that he was in-
*noted by the Comervators of the Elver Thames to sup-
port • summer against Mr. Frederick J ohs Seeley, jun.,
on of the proprietors of Nicholsoo'sWharf,ia Lower Thames-
street, for having, as set out the summate, obstructed
and hindered the complainant, who was harbour master to
the port of London, in the *mouth* of his duty. Captain
James, In his office of harbour muter, had given sotto* to
writing to the master of a menus veinal, called the Clotilde,
&Wring hint to remove the said vesseL The master having
mode &halt in removing the vessel, the harbour master
caused It to be removed, and Mr. Bosley, who was on board
at the time, hindered him in so doles. The cue, h. said,
was cos of great imperials:a to all persons who bad anything
to do with the port ot Leaden. Ceder the Thames
Ocressayeaoy Act of 1867, the Board of Conservators had
the power of regulating, managing, sad improving the
traffic os the River Themes, and the priecipal part of the
duties devolved upon the harbour-neater, sad without
some such power vested in Doom person, the traffic of the
Thames must necemarily become confused. The harbour
master had the power, under 80 and 81 sea of the act, to
direct the mooring, unmooring, or placing or removing of
any viteed ; and in the 83rd section it was provided that if
any master or commander of any vessel should not moor,
unmoor, place or remove any vestal in accordance with the
directions given by the harbour master, it shall be Ladd for
the harbour master to cruse it to be removed‘ and by section
83, wider which the summons was framed, it was provided
that if any master or parer oa board—(Mr. Brown
remarked that Mr. Beaky was • urea cm board)—
shall binder the harbour muter, or say person employed by
him, in mooring, unmooringg,, or placing sock anal, he shall
forfeit • stun not U. Mr. Brown then
proceeded to state that Mr. Be lay's lather was the
occupier of • wharf knows ea Nieholaseh Wharf, lying
text Billisprite oo ens side sad Betel* Wharf os the
other side. Fora gnat may years put the ocoupien of
Nichol/ice's Wharf bad two dummy harps outside the
wharf for the purpose of facilitating the leading of cargo
and panniers ; the onervators, would not
L with the propnotors of the wharf in the ppreoopperer
use of thee dummies, but he thought when the
Alder-
man had heard the fens he would see that the use that had
been made of thaw during the last few years was such sa to
amount to • gnat suisanoe, not only to the proprietors of
other wharves, but to the detriment of the basins. of Bil-
bngegenmarket. The complaint the Thames Ommervators
had to make wu that during the last thrum four years Mr.
Healey bed bees in the habit of briegiag vessels to the duct-
mica of enormous length, sad nth* honor complainediol
the CloUkta measured about 240 fed in length. They
were taken then far the purpose of discharging theft eirm
and in some mass he thought for taking in their augo,
they were kept there two, three, sad four days, and the
elect of musing such long vessels there was that they eem-
sidorabl overlapped the adjoining whams and Bilthpo
which latter was • publics highway. Messrs.
y's wharf, or, as it wee calle4 Nicitolion's Wharf, had •
Dooley, of 100, aid Botolph Wharf' had • hostess el 80
feet, so that • urea more thaa 200 fast lug would abut
over the whole of Boloipb Wharf and • part of
market. Numerous compiahate had been saatleDUlVl
proprietors of Botoiph Wharf mad rims to the eamsenaten
of the obstructions oared by_ the mooring of titre large
vessels to the dummies of Nisholioe's Wharf. A wire-
spoodencie bad takes place between Mr. Banyan the con-
servator without offset, and the heard had felt it their duty
to direct their harbourmaster to keep the approaches to
Botolph-wharf and Billingsgate as clear as possible. ti pool
• previous occasion Captain James had removed • vessel
from N Oboists's, and the result was an applisalien for •
atIAMOUS at this court; but it was die..' spew the au
derstaoding that proceeding, were to be takes In a
court. A writ bad bees issued hp Mr. Begley, which
beau served upon Captain Jane, bat no further steps had
been taken, although the oators were quite ready to
dein. OL the let at December Wt Mr. Bailey caused •
vessel to he moored to the dummies off his wharf, called the
Clotilda, which was the length he had already mem-
timed. Captain James, carrying out the orders of the
conservator, served the master of the vowel wash •
bodes in writing, directing him to remove the vowel to •
tier of steamers at Battle-bridge within 20 hours
after the ..rule of the IOUS& This was not
done, and Captain James proceeded to do it, and
bad to sever the chair by which the vessel was
made fast, and while doing so Mr. Bosley interfered with
sod hindered him. It had bees suggested that Mr. Berkley
would contend that he bad a perfect right to moor semis
of any lelancggttbh he pleaded to his wharf, oo matter how they
obstructed or hindered the approach of vessels to the ad-
joiniog whams, and to keep them there as long as he
thought fit, but be (Mr. Brown) onatoned that such an
idea was perfectly preposterous, sad a person
hivingsteapyin •
werthouse la the Oily might au well think of •
waggon or van made of extraordinary dirtioudons stinting
before his door all day for the pianos, of loading or asked-
tag, extending over his neighbour's warehouses on each gado,
and preventing thus from ean)iag on their barium by
leading runloading their goods. While Mr. Bosley we
in the habit of keying easels moored to his dummies which
were of the sorriest alas there wes no complaint, but d=
the last two or three years the vessels which were r
there were of such extreme length that they, as be had
already stated, projected ocesiderably over the other
wharves, preventing vessels from having sons to them. If
Mr. Bony bad a right, as he pretended, to take vessels
there over 200 feet in lesigth, thee he had also • perfect
right to moor the Great Zorn then, which was 700 feat
lug, and which would entindy block up all the adjoining
wharves, an purest men going to or inn. them. It
was said by Mr. Bogey that his redrawn bad for some
time pant dose the mane thulbiaibeat benwoldd show that the
pretties bad ooly existed d the last three or four ran
so far as regarded tho of the very loft vessels
went. Beton that vessels had takes there for the
purpose of unloading and disembarking presagers, which
was oily for am boar or so. That, however, was complained
of, and as action, brought with gnomes ; but the obstrullea
cared then smoothing compared with theobstracitioassesed
by the vessels which were taken there at the present time.
The domain were attend to a pile drives into the bed
of the river, which was placed there by a lines from the
Thames Hord of Comsereston, which be esid they *nth
put an sod to bany time. Heise Mr. Bailey bad sae-
thief to do with it, Maw& Nicholson bad the wharf, as*
previous to their having It it was held by the at East ladle
Company, to whom the lessee for placing the pile there was
granted by the names Onservaarry, or as it was tin eaßed
the Navigation Committee of the Corporation, nos the
minima of the amen ram of 11. Is., which had bra paid
by the sucoemen of the Bast India Company, sad was pad
up to the present time by Mr. Bosley to the present Thames
conservator.. A reeolades granting the use of that pile sa
the payment of the sear by the East India Company
the pleasure of the committee appeared is the seise
under date of Dee. 4, 1800. The ourseerators, however, bad
no wish to deprive Mr. Bosley of the use of the pile if be
used it without obstructing the noses to the other wharves.
The conservators had thought they would be vines in their
duty towards the public and the whartlogers if they did sot
take some steps to put a stop to what wee outplatand of
as a great and envious obstraetios.
Gonda James was thee called, and stated that he was
harbour-master to the port of Leedom. He knew Niolicsl-
- Wharf, brume Brolph Wharf, on the bridge side,
and Etillinpgatonarket oa the other side. Nicholsoa's
Wharf, he believed, no 102 for keg, and Botoiph Wharf
was 86. Then had bra for many years past lying oil
Niebona's Wharf two dummies, or of which pointed to-
wards the shore, sad the other was head sod stern up
and down the river. They were some distanos from the
wharf, and connected by ea iron stage or lading. Os the
let of December last there we • vessel called the thrills,
which was made fast onside the cater dummy, whisk
measured in length about 250 feet over all. The
ralaffilillaart at Lloyd's for cargo was 212. It greatly over-
lapped the dummy barges, and also Botolph Wharf cm one
end and Billiogsgateetairs on the other, sad was an air
struction to the adjoiniog wharves, and if say vowels boil
been word to go into or leave the adjoining wharf they
could not have done so. He spoke to the defeedaata about
it, and gave notice to Robert May, the master of the Cis
tilde, to remove the vessel to Battle-bridge-tier edible 18
hours from the serving of the satin. He gave the meths
at &30 p.m. on the Ist December, and I. the afternoon of
the tad the order had not bra obeyed, bat be found the
vessel still moored to the dummies. He want on board the
vessel st about half-past 12, sad found her fastened to the
dummy by a chain which was locked. He requested the
mate to unlock it, but he said he could not, as the meter
was not there, but referred him to Mr. Beaky. He with
ashore and sew the defendant, sad asked him to unlock the
chain and let him take the camel away, an be said the
chain bad been looked by his father's orders, old he emit
not undo it, and dared him to go on the dummy to sods It,
bat said be could do whet he liked if he kept in the ship.
Wither told him he would remain on board ship if it won
possible to unfasten the chain ; that if not he must get ea
the dummy. Ho then obtained the anuses of Inspector
Clarke, of the Thames Police, with his boat's crew, and she
of Mr. Thomson, master of the steam dredge, sad his crew,
and proonlod with the rogoialto tools to MVO/ the chain:
While doing so hs heard a notes as if swan/ chain won
being moved, and he went on deck sad there saw Mr. Bads,
giving directioos to have the von' made fast by anfthat
rad a larger chain. Eventually he severed the chain, thews
obstructed and hindered from doing so by the defeatist.
Mr. Gifted admitted that there was • hindration
In Ithaca to Mr. Giffard, the wires' mid be had
Nicholson's Wharf about 25 years. It had been the
frequently aring the last tee or throe years
unloading vesselsat the end sine the practice cif(
bringing the fruit is the large steamers. Be had knows
them there from two he fear days. They were a very serious
obstruction, and were, moreenr, very deageror, r the
dummy was in • safe pier to moor them, -sad if they got
adrift they would do a gnat ad of damage. There were
no utooriap bat thew of Ih.thany,which were alight and
sot suasion to kith a reel el litten and &dainties. Ore-
stoat coraplakite had bees mien him of the obstruction
from Brolph Wharf sad Illithergate. He had brt
the artier to the Botha if the rerreaten, mod had selas

Wm" the atones and approaches clew mad free from
°Wrestling. Is August ball • *Mar emapimiat was made,
sad mammeasse some lakes cat awl bard ley Mr. Ablineau
Fiesta. He did sot hear it asked that a oats for apple at
lb* Omit of Qum's Bank sight be warred. Then was
• Menem between the tae maerweesse. The ether was
pit for se obsteeetien is his duty. Osa's Quay adjoined
Botolph Wharf ea the brides side, sad if yeemis were
lying is Ones claw at the time the two rem&
wan lying at Nishelmea's _ .Wberf the appreask to Batelle
Wharf would be mils* Waal up. Oe the day is ques-
tion there were three seitotaere sad two shiam.veseski at
Cor's Quay. Coes gouty wes beg sasaa to take a vessel
250 feet is leagib, *aeon be did so. Weimer' them.
Mr. Deering, the clerk of Bill ..market, gate elf -
demos of the serious obstructioa amid by the projection
of meek moored to the &wanks eff Illabehea's Wharf.
Tho foremast of Botolph Wharf abo gave tridents of the
imotivanisme and obstruction arising from the
of vessals meted off Nichols/dm Wharf, mad so 'it'll!:
to priemet meets to Botoiph WWI if ores Quay
to be full He also stated that it was may within=
few yeen that Mr. Seeley had beta in NMI habit of taking
emit tarp mesas them
Hr. WWI, lb. dark is the Tows Climb's offleabossproredber
a bosh of the Navigable Omeadtlee ter
1800, in whisk the minute al to. printing the East la-
dle. Comptey_tbe is of the pile, append.
ILL °Wird objected to it as sot Wiwi evideeee. Ho mkt
the cerpoiatioa could pet prove by their ewe bombe that
width mast be proved by indepepileat mideses, or to per-
toe Gould make midmost foe himself.
Ms. Blows mid be was is a positima to show that the
annual sum bad been paid Pace 1867 by Yr. Boaley, and
that it Mid previously his. paid to the old eseservators
sines 1800.
Mr. Alderman Stone thought if it could be shows that It
was paid under that resolution ft woad be 'vides" other-
wise li• was of opinion it would mt.
It was afterwirds &sad that Mr. Brows bad misquoted
the resolutios, and that the words " duriap U. plemente
of the castables " had boss *mid is the espy by _adstsha.
and did sot appear in the resolebra. sad Mr. Oiled with-
drew him objeetka.
Mr. Lomb said be wee formerly clerk to the Natio*.
Committee of the Ompesatios. mid was pow engkeeer to the
present Coeservancy Board. Hs preyed that tbe temetatioa
alluded to was the meal lona id list semmilese for pat
ing such Sam" and slated that be hod roseired the Me.
per Room from the East Isdia Cenepsey mei float Ilesess.
Nicholsoe, who seeeestled them ; bat be bed act colleetwi
the rents slam 1858. _ .

-11r:Urffard sienitied the peyeent et the rent
The ear fur the oemplainent wee aimed. sod the ease
ens sdjoorned, dist oreuryies they're)", pert et tha day.

NAVAL AND MILITARY.

- -
A DMILIAT UAW.
0. 8. Cameros: be the Cumberland.
Colonel E. H. F. Fooklington, half-pay late of
the 2od Regfroest. Assistitst-ternaster-Ossersl, is
appointed to wowed Colossi as a insaiber of the
aawl of Military Brisoatioa, the latter others basin
eueeeedeadinat*d ColoselT. Z. Lae Tat the Royal Military Collor
*M .

Ttee—xamination of candidates for admission to
the Royal Military Anadesay, Wooled*, Wan the Vies-
Presides& and the membere el the Omura at Military
Edandies, ornameneed yesterday at the Royal Rospial.
Mama. As anal on the gat day the examination meg a
medial one. The examination will not terminate till the
18th lomat. There are above l3ooandidates far lb. thirty-
two V&CIUKOSI.

PORTSXOI7TH, JAN. 2.
The Achilles, 20, iron screw steam frigate,
Captaia Edward W. Vaunted, an the Medan %Lama;
meael, Baster Jobs El. Allsrduiscommeadar riled co
for Plymouth. The Amore, mow agoto4 Caplan flor
Finn L. BPOliatedy 71. T... to p est harbour us
Wednesday. for trial of her engine after main.
The Higlifiyer, 21, screw tenet* Copan' Theme H. B.
Raley, swung hoe oconpuoss to-day for oporevaL
The Noisoos, 17, screw sloop, was taken on of No. 9
don to-dal.
A coortmartlel was bald on board the Thiory, °lanky
sad Satantry, to try George Walker, • private Royal
Marine, for break* trio the gun-room steward's berth, cm
board the &Burnham hulk, co the night of the 17th De-
*mbar, sad stealing therefrom • gunny of win sad
spirits. The court wee of opialos that the abuse et break-
ing into the berth bed sot ben proved, bat that lb. pri-
mmer WY pity at Mealier wise, sad he was eentened be
twelve monthi impriscomeat at Winchester.
The Orestes, 2, tree screw troopship, Captain H. W.
Hire. which bee already been reported as having arrived at
the Cape of Good Hope, left St. Helena co the 29th of
October, an reached Table Bay on the 7th November, the
skip, for several been after gating ino the an ems,
barns rolled so heavily that the military diem who were
deepen in the upper beaks were thrown completely out,
sad then was • large destrutrue were. After
the skip bed noband • be etterrrio7 edillery an
board was trassfared to tighten sad coerced Warn the
diesenberhattra being wry difficult *nag to the bony
grown swill whin prevailed at the time. The Orestes
nes resumed her voyage to Bimoa's Buy. At St. Helen
she embarked about 250 VIM of the 84. Halms calomel re-
gimen, whin les ben bonen up, sad thaw nos bed
voleateered for senior in ninon regimen stationd is
ladia. They will be repined by • nag of the 10th Bait-
meet, which the Creates will convey Rain on bur home- '
ward voyage. Durkee the pump from St. Helena to
Bbans Bay it was fond thst the chip bed made about
three hones of water per hour is her otter compartment,
but, altheogit • avert nomination had bees made inboard
sad by • diver, the ewe el the leakage was an disconredL
The Orontes sailed from Inaritim on the 134 k of Novem-
ber, promeding theses to Ceylon.
Oe Saturday eight an acmiect occurred to the Than s
collier brig, while hauling into the Cairn/. Through some
mistake which, up to the prowl time, has hese use:-
plained, the brig greened ea Pent Bieck sad worry offset
to get ler off at the sent tide was nava*. The vessel
wee seriously Were& sad made so lawn water that the
crew oommened dishrag* the amigo yesterday.

DESPATCE OP TIM WAIT INDIA, MICTICAN AND
PACITIC liarte.—Sounuitrrox, JAR. 2.—The Rayil Mall
Oommay's steemehlp Sane, OmWs Remit, sailed this
al Mama at three s'alock with tie mans for the Hake
sad foreign Wed belies, Mexico, the Paced;
Casual domicile, M. The fielne took as he
jewellery, Tlb& ; Freon li gold min. 4,6801. ; elver=l
Mi. • low•Uory, 11.8061. ; sad a full ono of s
imarciasabs.
SZEIOTII ACCIDENT AT WOOLITICE.—A NAM
assidsat marred yesterday sitioseas to a labourer mama
William Marsh, employed as the dockyard. It mem
that a party of seams were drawing • heavily isles Musk
sear the loser basin, when Mar* who was paseig over the
lesamay at the time, was Masked dem end wed his lugs
blokes. The mama was immedistely ~eyed to the
sayal Marie, Herpital.
SIVVFOCATION 01 THE CAPTAIN AND MATE or •
Rtreeme B.37.—The captain sad male of a Russian um.
elms ship sow lying in tie Royal Dock at Osissehy wars,
ea Saturday marmot, found dead in their births. Os
Pdday maim the captain "tamed la" to bin MY, sod
was subsequently followed by the nate, who Mien
late kin bed, mordim to costsea, pat a sap ems the
mesested with the breslaes of the eabia. Time was •
Mussel ire burgles ; and is some of the =OW entoring
the sabla Is the ismer& they loud bilk ma dud. It is
they were suffocated by the fumes al Me Au.
=-11--Idisterst Moral, Nem.
Tx. Lars Mumma ix Iszumx—An inquest
was bold os Friday at /Whom, oa the mashie of the late
Mr. Thomas Reyaoids, who was shot dead in his owa home
oe tbs. night el Tuesday. Desember Wth. Mr. Same,
RAI.. was presset ; else 11.11•111. Mater and Fowler, Pie.,
and some other megiserates. Three parties, maid Hugest
(brothers) sad Fly.., bad bees anerted a sespiessa
Wag oesesnied is the murder bat wen sot predated at
tlalLaireel Mr. Fitsgerald appeared for them. Mrs.
depend that her innimad sad ridsMaigaret
Willey &Mg at the ire la the sehookocem, alter
km, dieughts, whoa saddeely ea explodes
alarmed Mr, which put out the lamp e the labia. She
thought at irst that the /amp bed exploded, bat cm • light
Merin hem brought is she saw be, hushaad, with bin head
bailable dam as tbo labia, apparently nacemeieus Oa
going over mho found a large wend ea the right wide of Ws
neck. He woe ties anocoscions sad osald not speak tr
her, and his met were closed. He motioned in the err
1110011113iDUI Ilillt• natic live o'clock on the following mere-
lag, .4oa be died. He repeated the word " fire" roc er
twee by whish she oaderstood that he was sold. On.
tim wisdom of the mom was net dosed, the wisdoms.'
bei.g compied with Hower pots, sad whim the light wee
brought in they discovered that a pane et glom bad bees
brokers. They then bum that a shot had bees
fired. In mly to Mr. Winter, whims slated
that eleseasM bad ..om been threaleseL Mr.
Fitzgerald said that at this stage of the poomedisms
our lee MM. oa behalf of some my remest parties Mr
had best arrested, to smere if they were helms the imp
for teal. The corms said be did net ksow. He had sedip
comets impairs as to the came el death. Dr. Timm dee
we
having atteaded sal droned the weal et the
issuers the night of Ilsertab. He am& • poet merfess
of the body, end hod Yet damaged bad died
hem a gpmehet wad, sad salesqueni Ism at Wei. Ho
Issed a 11•61•501 pellet as the based the akall, sawed the
lame of erhia were treetared. The jury sseamil a model
el "Wilful murder against some perm sr ream us.
Tax RArorAY COMPANIES AND harm) RASH.

CAILIKAAIL—Ths Lie=as.beselser d Chnelenes% Wiled
by tbe limpid Oen base Mesa ter sure thee
Whit* le elltehe assper ere mere equal news el forelegs
ire this fired Ease end tbeiratrieseiss. leaglb
Utah", ;et =ell abed is swa.t t
eashifbr es:ssed
send hoes • way station elide 96 beers alter=
whoaaaKti bleasbeeler sad Okays* wW b.
pa tea. insteed 411. Isenedy. 1/1 lea
stadia beyond 960 f been the peennot sift nil 1
i dumped. lhis esseenloa Y deemed he bees siniehnienh
iasseseeb as it does .at Irma sew. Wen era ether Wert-
! lest breasbes el peedese. TheOhniebsreloomenne bevy
' resolved le mallow their astleilse moths sebbeek sod*,
a:pasted WA regreasstallea .41 be node te the Deed
Teed&