The Express.
London, England, 1865-03-17 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—MAInsroxe, Mii 16.
(Won taw Lent Cilia Hann sad ilipaial Juries.)

WILLIAM r. TEE SOUTH MIMS ItAILWAT,
This was so motion to mover &images for is)oldo ollerd
to have bora austsioad by tho nosligeueo of tbo servonte of
tho &fondants.

Mr. McAdoo Chambees, Q. 0., and Mr. Lexten were
counsel for the plaintiff ; fterjeant Reliant's» and Mr.
White appeared for tu
nermpany.
The eismunstanose uder whit
p~~
this action appeared to be
brought were of • very peculiar diameter. The plabitiff,
appeared, had formerly been in badness as • master tailor,
but was in reduced circumstances, and at the time of the
aceideati he obtained his livelihood by worlds( sea jimmy-
man tailor. Oa the evening of the 151 k of °Mobile he had
taken his seat in a third class ounine by a tasks that
started from Charing-moss at 7.50 p.m. to go to kb resi-
des°, at Woolwich, and, according to hie evidenes, when
the traM arrived at the Woolwich Arsenal statics them
were three other passengers in the carriage—a woman and
two men ; sad that when the train stopped the mime jumped
out. He represented, however, that the woman took some
time to find her luggage, which was under the mat, and
that this kept him from getting out, and that while hiarfoot
was upon the step, the carriage was suddenly jerked bank,
and be was thrown upon the platform, when his arm was
broken, and he was otherwise severely injured. It was part
of the plaiatiff'e case that this particular Ueda was usually
sent tack to Loudon after the passengers bed left at Wool-
wich ; and It was alleged that the accident arose by the
negligent manner in which this regulation was eatried
out, and that the engine, which Me removed
from the front of the tram to the back, for the
purpose of retarbing with the train. had canned the mis-
chief by being suddenly forced against the earrienes. The
evidence of the plaintiff was oorroboested by two parson%
both of whom had forinerly been attorney's clerks, but one
of whom seemed to have left that occupation and was now
obtaining • livelihood by bill di counting, and one of them
professed to swear in the moat positive manner to having
seen the engine detatched from the front al the Ms& and
sent to the back of it, sad also to haviag actually observed
the collision, which resulted in the injury that was occa-
sioned to the plaintiff.
Swiftest Ballantioe, in his address to the jury on behalf
of the Booth Eastern Railway Company, said he did not
deny that the plaintiff had received some injury, bat be
should be able to show that it was entirely his own fault,
sod that, under the oircumabiams, the company wine justi-
fied, not only for their owe protectioe, but also fat that of
the public, ie resisting the attempt that wail made to obtain
money from them. He then proceeded to state that he
believed he should be able to show that the present 'Mica
wee nothing more than the result of • foul oonspirecy that bad
been concocted by the two lawyers' clerks, who, he believed,
he should be able to show, were not is the carriageor near
the spot at all, and that the present action would never
have been brought if the plaintiff had sot had the misfor-
tune to fall in with the parson he bad alluded to, who had
endeavoured to trump up an accident mains with • view to
extort money from the defendants.
Every one of the witnesses connected with the train in
question and the railway, wham evidenriemmmired likely to
throw any light on the transaction, wee then examined on
behalf of the defendants.
The Lord Chief Baron summed up the sees with very
peat cam and ininutemeee, and he observed that it was
impassible, from the nature of the evidence that had been
given, that there could be any mistake in the matter, and
that there must be • gross conspiracy and perjury on one
side or the other. The jury mast therefore look at the
whole ease, and consider which eat of witnesses were the
most likely to be speaking the truth.
The jury retired, and in about half an boor they returned
into court and gave their verdict fee the defendants.