The Express.
London, England, 1853-08-25 00:00:00

THE EXPRESS, THURSDAY EVENING, AUGUST 25, 1853

water beirg foul, produced instead of the pure colour,
a a.,rt or dirty white mud.liness, and the consequence
was that their prints, instead of, being, as they formerly ,
had been, first rate, were either second or third rate, and
frequently. l.e the pureoses of trade, were utterly unsale- !
able, and thsy were obliired to sell them fur such prices as
they could get. The learned gentleman then went 011 to
explain that the impurity of the waters of the Yarrow was
owing to the contractors under the corporation throwing
into • goit a quantity of mud and silicate, which
I ran into the Yarrow•, and by its chemical con-
%fitments rendered the water of that river unht
' for calico printing. After some time the plaintiffs got
an interim injunction from Vice-Chancellor Sir James Page
Wood to restrain the defendants from sending the muddy
water down the Yarrow, and then the mischief ceased. But
when the filth was going down the stream, instead of print-
ing ;5,600 or 6,000 pieces of cloth per week, they printed
none. The interim injunction having been confirmed, no
more muddy water was sent down the Yarrow, and
now the water was as pure as ever. Be understood
the defence to be that the corporation being authorised by
act of parliament to construct the works, were nut liable ;
and he proposed to settle the question of law first, and then
the damages could be accessed by another tribunal.
The Attorney General assented to this course.
Sir Fitzroy Kelly resuming, said he understood the de-
fendants contended that the action had not been brought in
the proper form, it being contended that an application
ought to have been made fur a mandamus to have the ques-
tion of damages decided in another way.
The learned gentleman was about to call witnesses when
our despatch left.

MIDDLESEX SESSIONS.—YzsTERDAY.
twos' Mi. B.IOJVANT ADAMS, ANIISTAVT JUIPOZ.

James 1 frisky, 48, and John Kirby, b 3, surrendered to
take their trial on an indictment in which they were
charged; Buley with stealing a quantity of calico, Mina. I,
&c., the property of Brown, his muter; and Kirby fur
feloniously receiving the same, well knowing it to have
been stolen.
_ _ . _ .

Slr Robinson and Mr. O'Brien appeared for the prow-
-1 cotton, Mr. Clarkson appeared for Healey, and Mr. Oif-
lard for Kirby.
The trial of this case occupied several hours, but the ma-
terial facts disclosed in the evidence were shortly these:—
: The prosecutor is • linendraper, infirm and advanced in
years, carrying on business at 119, Holborn, and the
prisoner Healey was in his service as foreman or manager
of the whole concern. Kirby was dealer in drapery goads
in Eyre-street, Clerkenwell, and it seemed he was in the
habit of going to the pi osecutor's shop watching outside for
an opportunity, and then having exchanged signals with
the prisoner Bagley or some of the other servants,
who it was opined were conniving at what was
Going on, he would go into the shop, get a
bag, which he carried with him, well stuffed
with goods,
_and be off without paying a farthing. This,
was detected by • person named Mayer, an opposite neigh-
bour of the prosecutor's, and, from information given by
him, an officer took Kirby into custody as he was leaving
with his bag full of flannel, calico, stockings, and other
articles. They were just as they were taken from the
shelves, and Batley first said he sold them and took the
money, then that they were but partly paid for, and then
that they were not paid for at all, and no entry relating to
the transaction was made by him, as there should have been,
if be was doing what was right, in the sale book. He was
not authorised to sell on credit.
The jury found the prisoners Guilty on a count in which
their were both charged with the atealing.
Mr. O'Brien said the prosecutor had, taken stock sines
this occurrence, and he found that he had been plundered
altogether of property to the value of 1,700 i. This state-
ment produced considerable sensation.
The Assistant Judge said it was a most base and infamous
case, and sentenced each of the prisoners to two years' hard
labour.

cessive fare from a lady named Colliruion, residing is Mor-
timer-street, Cavendish-square.
The c,mplainant stated, thst on the morning of Satur-
day, the till Met , she eng..ged the dehmdant's cab, in which
she was conveyed from her residence in Mortimer-street to
the Shure.ditch station of the Eistern Counties Hearsay.
Having repeatedly travelled the same distance, for v.ich
she had never been charged more than 2s 4.1. before the
recent alteration in the scale of cab fares, she handed the
defendant 25., with an intimation that he might keep the
odd siapeuce, although she believed that the proper fare
was only eighteenpence. The defendant, however, en far
from being satisfied with her liberality, peremptorily re-
futed the tender, detlarimt that the distance exceeded five
miles, and roughly demanded half.a-crown, which she tati•
nicely paid him to save the train, but at the same time
took his number, and cautioned him that, on her return
from the country, she would certainly take out a summons
against him fur the extortion.
In answer to the charge the defendant, who exhibited an
air of surly deg ince, persi.ted . hat the lady had only given
him Is. 6d. in the first instant..., and urged that he had not
gone much beyond the mark after all, as he considered the
distance was not mere than a few yards within the tire
miles.

Mr. D'Eyncourt said that it was perfectly manifest that
the defendant had exacted an excessive overcharge, as he
waswell aware that even under the old system, the legal
fare to the Eastern Counties was only as. front Hyde-park
Corner. Ile had frequently bad occasion to notice that
ladies and foreigners were specially selected by the defend-
ant's class as objects of their impositions, and he felt it in-
cumbent to make an example fur their protection in all
such cases that came before him.
Detendant—But, I say, I hope you ain't a going to put a
fine upon me this 'ere time, co's I ban% got no money, and
in caurse I can't pay.
Mr. D'Eyncoart—l shall order you to pay a penalty of
10s. and the costs, which amount to 65., or to be committed
in default for ten days to the House of Correction.
The defendant refused to pay the fine, and was locked up,
under a grumbling protest.
SOUTHWARK.

' Mr. Groves, the extensive saddler and harness maker, in
the Bltckfriar's-road, was summoned before Mr. Combe,
to chow cause why he omitted to pay to Charles Grasser,
cab driver, badge 1,002, his level fare.
The complainant said that, on the morning of the 12th
inst., the defendant hired him off the cab stand at the top
of Britiges-street, Covent-garden, and he drove him over
Waterloo-badge to his residence in the Blockfriars-road,
opposite Stamford-street. Whea he alighted from the
vehicle he only paid witness sixpence, when he was entitled
to a shilling, being beyond the mile.
Mr. Combs asked him whether the gentleman said any-
thing to him at the time ?
The Cabman replied that he said, " I think you will do
better by the reduction of the fares, as I ride more now than
I ever did ►efore." Witness said that he thought not, and
that under the existing fares there would not be sufficient
to support the horse.
Mr. Combe—Did you ask him for your proper fore ?
Cahman—l said nothing about the tare to him, but put
the money in my pocket.
Mr. Comber—When Mr. Groves paid you the sixpence
which he considered was the proper fare, did you ask him
for more ? _ _

Cabman—Ns, I did not ; for I was not exactly certain,
although I believed my fare was a shilling.
Mr. Combe—l Aran make no order fur Mr. Grove to pay
hou any more, as I think you ought to have told him that
e had not paid you sufficient. You put the money in your
pocket at the time, and seemed satisfied.
Cabman—But I have taken this summons out under the
1 & Wm. IV., which says, " refusing or ont4ting to pay
the legal fare ;" and the next clause says, " a cabman is
liable to a penalty of 40s. if he demands or exacts more."
I was not certain as to the distance, although I firmly be-
' lieved it to be beyond a mile. In fact, Mr. Orovcs had ad-
witted that by paying the sixpence into court.
Mr. Oreves said that he did not know whether it was
more than a mile. Had the complainant told hint so he
should have instantly paid it.
Mr. Combs said he could not allow such a case to go be-
fore the public without passing a me censure on the cab-
man, who ought to have told the gentleman that he had not
paid him his legal fate at the time, inst, ad of summoning
him without doing so. It was the duty of every uriver of a
hackney carriage to tell the parties who hired them their
legal fare, and not mammon a party because they happened
to take less. He should dismiss the summons without
making any order.
Oa Monday afternoon, a barrister having chambersin
Olcdsquare, Lincoln's-inn, attended before Mr. Combe with
esb driver 6,284, to complain of his exacting more than his
legal fare. The gentleman was conveyed by him from the
cab stand at the top of Chancery-lane to the London bridge
railway terminus, when he demanded eighteenpence, con-
tending that it was more than two miles. The gentleman
objected to pay that sum, as it was nut more than two miles
hod the cabman take. him the nearest and direct way in-
stead of over Blackfriars-bridge.
Both parties differed in their opinion, and the magistrate
directed the officer to measure the distance by the nearest
route from the cab rank on Holborn-hill to the terminus.
Such having been done, yesterday both parties attended
before Mr. Combe, when the officer of the court proved that
the distance was 120 yarda under two miles.
The cabman said he was most decidedly wrong by the
way of the city, which was certainly the nearest, but gentle-
men mostly desired him to avoid the crowded thoroughfares
nwinst_t9 the stpppages—that was the reeenn he came weer

The cattleman informed his worship that it was not for
the object of the sixpence that he relused to pay it, but
knowing the fare to be only two miles (that is a shilling),
he considered himself bound on public grounds to dispute
it and have the ground measured. The cabman bad re-
ceived the extra sixpence, and as he had to pay for the
measuring he should not demand that back.
Mr. Comte said that be really was of opinion on Monday
that the distance was more than two mile., but the recent
alteration in the city thoroughfares made it easier and nearer
to proceed that way.—The parties then left the court.
At the close of the business on Tuesday evening, Mr.
Lawrence, of Steven's-street, Bermondsey New Town, ap-
plied for a summons against Mr. Stevens, a tradesman, re-
siding in Bermondsey-street, for an allegeu indecent assault
on his wife, in the house of the latter.

He said his wile had gone to Mr. Stevens's house on some
business, and while there, the latter indecently assaulted
her, and he wanted a warrant or summons against him for
that offence.

Mr. Combo told him that he could grant him no such a
thing. If his wile had anything to complain of she mast
attend before him, and give her statement on oath, when he
might feel himself satisfied to grant her one.
The defendant left the court in rather an excited state
and proceeded home, from whence he took a loaded gun
and went towards Bermondsey-street. Seeing Mr. Ste-
vens on the opposite side of the road he fired the contents
of the gun at him and severely injured his legs. He imme-
diately made his escape, and at the time of closing the
court to-day he had not been apprehended.
It is stated at a late hour that Mr. Stevens is likely to
lose his legs, so serious are the injuries inflicted on him.