The Express.
London, England, 1851-11-20 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 20, 18511,

COURT OF EXCILEQUER.-YEBTERDAT.

TDB LOAD CETI' &OOP. Ma. &Nos
nazi, MIL RAMON ALWARD!, AFD MD. BAWD name
TOLLITT P. TIM 801:111 DIYON RAILWAY COMPANY.—

Dsmoaasa.

This cane came before the court upon demurrer to the
plea of the defendants. The declaration was iu trespass,
for entering upon and pulling down the house, stable, and
other premises of the plaintiff. The defendants by their
lea justified the trespass under the provisions of certain
local acts pealed with reference to the company. They
also justified their coaduct under the Lands Clauses Como.
lidation Act. The declaration stated that the plaintiff was
a yearly tenant of the premises, and that he demanded
1001. as compensation. The declaration also stated that
notice of the intention of the defendants to take the plaintiff's
premises had not been given to all the parties interested in
the premises. The plea, framed upon these facts, set out
the pa ment into the Bank of England of the amount
cl imed, and that the company had entered upon tho pre-
mises without any consent being given or agreement made.
There were various causes in this ease of special demurrer.
The first was, the defendants did not aver that, at the
time they entered upon the plaintiff's premises, they were
required for the purposes of the railway. All that was
set forth in the plea was, that the defendants had au-
thority for their proceedings by virtue of the local acts of
parliament, and of the Lands Clauses Consolidation Act.
Mr. Montague Smith, in support of the demurrer, now
argued that, according to the 84th and filth sections of the
Lands Clauses Consolidation Act, the defendants were not
entitled to enter upon the lands and premises, unless the
same were actually necessary at the time fur the use of the
railway. The learned counsel also contended that the plea
was bad, because it did not state that the defendants were
ready to commence the railway upon the plaintiff's land.
The plea was bad for another reason, which was that the
defendants had not givea notice to all the parties interested
in the land.
Mr. Baron Parke—But notice has been given to you,
and that is all that you require.
Mr. M. Smill submitted that it was necessary to give
notice to all the parties, otherwise a railway company
might only get released Icons the claims of a person who
had merely a partial interest in the property taken.
Mr. Phipson, in support of the plea, contended that the
plaintiff was not now justified in making these objections
after the defendants had given him notice of their intention
to take his premises.
The Lord Chief Baron—All the advice that we can give
you is, that at present you are wrong, and we are not cer-
tain that when you amend you will be right. It would be
better to amend your plea, and to state in the words of the
act of parliament that you have given notice to all the par-
' ties interested.
Leave was then given to amend generally.
B1:111111E46 UP TUE COURT.

In the course of the day, Master Bennett read the follow-
ing notice with reference to the business of the court :
" This court will hold sittings on 310nd...y, the Ist, and
Tuesday, the 2nd days of December, and Priday, the sth
day of December next, nod will at such sittings proceed in
disposing of the business then pending in the demurrer
paper; and alan iu giving judgment in all matters then
tot judgment."

MIDDLESEX SESSIONS.—YESTERDAY.
Well Ma. WITHAM!.
ALLEGED THEFT or A HoBBB AND PHAITON BY A
W ors MzitcHANT.
Aldb?rough Richards:a Davis, a wine merchant, having
offices in bow-lane, and a residence at Harrow, surren-
dered to take his trial upon an indictment charging him
with stealing a pony and chaise, value 401., the property of
James Henry Edwards.
Mr. Clarkson appeared for the prosecutor. /dr. Parry
and Mr. Halton appeared tor the prisoner.
The prosecutor deposed that he was a licensed victualler,
and kept the Royal Yacht publie-house, in Stanhope-street,
Clare-market. me said, on the 18th of October the prisoner,
with whom I was acquainted, celled upon me, in the early
Ipart of the day, accompanied by a person named Reyes. I
did not know Rom until that time. They came in a pony
sad chaise. The hour was between 9 and 10 in the morn-
ing. I was up-stairs when they called, and on being in-
farmed by the bar-boy that they were below, I came do en
stairs. I found Davis standing in front of the bar, and I
Boyce was ia the putout. He asked me to lend him some
mosey ea maw dock transfers for wine. I asked him to
let me is. them, and he called Hoye. from the parlour and
told him to show me the transfers which ha had in his
pocket. He showed me them. I looked at them and re-
amed them to him, and said I could not advance money
upsatkem, is he might go outside the house and make •
transfer to somebody else. He said he must have money—
the transfers were worth 1931., and he must get some money
to release them from Mr. Hoye*, who held them as security
fee an overdue acceptance fur 281. 10s. He said he was
in a very bad state for want of money, and showed me
some duplicates (or watches. He then asked me to lend him
the pony and chaise, which was outside the door,
lard ? on
refused to do so, and he then asked me to buy the
*eland chaise, and I said I would. We went into a room
and agreed that I was to buy them for 401. 1 was abOut to
writ/ a cheque fur the amount, but he said that would not
do, rhe wanted to pay Ropes and get the transfers. I had
not suilleient cash in the house, but I saw Mr Wheeler, a
friend of mine, in the parlour, and I asked him to lend
me money. He lent me two 101. notes and 12 sovereigns,
and I put eight sovereigns to it, and paid the 401. to Davis.
I requested Mr. Wheeler to be a wiener,s to the transaction,
which he did. Wheeler went with me into the parlour and
saw me pay the money. I said, " Now, Davis, the pony
and chaise belong to me ;" to which be replied, " Cer-
tainly, they do." I then went out and got into the chaise,
and Davis followed me out of the house and got in too.
As I was driving towards Elliott's livery-stables in Drury-
lane, through Newcastle-street, the prisoner asked me to
purchase some of the wine the transfers related to. I said I
would if it suited me. He said let us drive down to the
docks and see the wine. I said I would not do that, but
that I would go with him after I had put the
pony and phaeton up at the stable. I went to
the stable, gave the pony and phaeton into the charge
of the ostler, told him it was my property, and to take care
of it. We then took • cab and went to the docks, where
the clerk said they had no such wine as that referred to in
the transfer,. I left the prisoner, get into a slab, and re-
turned. I called at the stable. The pony and chaise was
safe there then. I went home afterwards. Theforeman to
Mr. Elliott, the stable keeper, called at Tny house, and from
what he told me I went to the stable. Vlhen I got there I
found the prisoner with two other persons—one was Mr.
Webb, an attorney's clerk. I asked them what they
wanted. Davis said he wanted his pony and chaise to
drive his friends down into the country. I said to him,
" You know it does not belong to you—you know I have
bought it of you." lie said, "You have got no receipt."
I said I had a witness. I did not have a receipt, bat I had
armed to pay him by a cheque. I said, "If any of you
due to take it away, I shall give you into malady." Upon
that they went away, sad I went home. I got hems about
half-pest six, and in half en hour ahem* Davis and
Webb am* to my bore. He asked fee • glom of ale,
which I refused to serve him with. He then said
he wanted to have a little private IA with
me, bat I refused. I afterwards mid I would
hays as melt private talk with him as he piresi. es Mr.
Gay, vay attorney, was then present. There were ant
Davis, Gay, Webb, myself, and two ahem. In the seems
of what was said, Davis told.* he had eons to ask Ike the
pony and chaise. I said I would Hot give it to him. Webb
then said, " It does not belong to pee • Davis said yea took
an I 0 U for the money." Awl I mid I had bad tee =say
of his I 0 U's. I did not think it worth while Masks say
ethr answer to what Davis wild. I had ail When ea
I 0 ti Aso the 401. I walked ant of the rem. sad went
Mod slabs. 01 the 11th ef °stab* I drove is the photon
*sLirTe's in
threwrhatileseseet,lse► wow Zeknerrier
d. When I
fC loom ha I wee hides with *Pillaer al the hewont
at
1 saw De* r_ tip te the phase*m,
called
„ eeti Mw es hot as he emit I tea eat sad
° OK" bet the primes mu stepped se sad held
he by the an* beret eases, sheet • ewes, tad sup,
asi rah' Is* he Mad Tee age anisp, sad
thug get ia hen end drevisefehse the phases.. it wash
bow benrweelses he me es haw astbelitmea was
sesepilly. I peelohneader atthepasesestiefteediDeiste
was *he Maisig. ain wee Wow What
• who ham* • nem& Whoa he ant ow
leek She meth. aaphesete wee hag sad he
hat beed ,the had wing it wee eh of peal eempieisa,
awl esemehrodel he Id Wise at the eau leas
Mu Perry seljested the pristwaser Is a imp seemena.
* eshalve te mew inereelhee
Its
lad takes
phis beessewrbia and he psheaseo* ea Its the peals
loss apes *hi be advereed ass eK, Selma* ems*
erbeleseleg M erect hat es I 0 II was phew Theme
had heft peemieep =*fteess he phi* eel es
sin esseeiss the posseesier a keen sad Nut at the
he SOL akedi amid Di to bit SLL,
Linlieseheesse te tW pardealer set* the prams*
dishy adhered to the shiesesat gives la his wide** in
hie&
Mr. Whaler, Ihriatiagart,deslhrehepeilrese. Clare
Mhbak aid he lir pram when he NI was paid. He
MGM he peuresetsr asp "Ifeww=lethier play sad chaise
le alai," sad Da* replied b...
The Whew iridium ghat *at to that Davis had
diussidisible pesperlyeas, eaSslthy saaleildiginlshibuswilh"a eedes6l66.4"Pwls hie:
et heeer. fa esaserhesee er ble ,Ni te empty tithe-
wilh. Wye he took psalm* ef the
Pmy, he tin prisoner, adadele&l"Crthopcseenter
had _eel had he eireemehhit shier eildelt Da*
Met he peay hi** hiss Ilishriboarsitoßdl.pw
▪ Se
wee epos **jury that the plena shed
• Se bob &le belief OW be Mt set puled dew

lately with the property t' Edwards, and that he had a
right to bet in the way he had done. He had never eon,
templatcd the commietion of a felony to rob Mr. Edwards
of that to which he (the prisoner) could not by possibility
have any kind of claim or title; but he had acted
under tho honest impression that the law justified him
in taking the steps he had resorted to to ob-
tain beck his property. The prisoner could not
snorer parentally the statement of the prosecutor as to
whet passed between them privately about the matter, and
the learned eswesel contended that, considering the conduct
of the presesistar and the prisoner throughout the transac-
tion, it Ins Est beyond the possibility of question that the
pony and phaeton were lift as security for a loan, and that
whew the yawner Mod Mr. Edwards was claiming the
property as laving bees said to him, be bad taken these
meweires to obtain Wok what clearly had been his own;
end, considering the bweinew-like habits of Mr. Edwards,
it certainly was an estreeedinary fact that he had not
taken the precaution to have a receipt for the money, if it
were a sale.
The jury found the primmer Nof Guilty, stating that they
did not think he had the felonious intent.