The Express.
London, England, 1853-07-20 00:00:00

THE POLICE COURT&

finery Morals, a privrt; in the Regal London Militia,
wee charged with absenting himself front training, whereby
he bad rendered himself liable to be punished ass deserter.
The feet of absence having been proved, prisoner said
that ha wee In the country whin the regiment wee called
out, and did not return till the Inly training was nearly
OlreT. _ _ _

Bit S. Nuogrowi maid he had no choice, bat mut Ass the
s 201, or comatit his to pima for Ws maths with
rhboer._

81iiirale;b eases were heard at this wart Is see, where
the sem is disputa was 3d., the hirer of the cab bets; is
the
themehad
of tie. to pay 7s. Bd. its, indadtas fs. for the
se

BOW-STREET.
TM beasiehl working of the se Haekoey Cantu*
Ate amelwase le be la • gnat memo frustrated by the
am imbliseke el Os ie book st hies. The west of
sem esadoseeselmelty et this demegelmio to settle quer
ties of disease, seaslessly osimeal MO great Moo-
mimeo to Da pahll% sod io sem isehmess, so doubt.
with maiesee Moeda to ealmm.
Yesteaday Memos Mr. Dead, • eadamse residing at
Viellselmipova, Fulham. reed, mee with a sahmaa
mad Mmeet em PAiUips,Henry. to have • dhges upon the above
paha been DO.
Me, lea Med the be was deem the defeatist
freelde manse te_pgaile the to the silage of
Welliagtemsbest, Demi deggegessesomOsad
the Gab wait resod by Died•eagoseolk, eased
tot the more
direct road ; but soli witness wee selleded that he dream
did me mod three Mies. Theo, wee is eaves shoat
the sash party knee selmessil One at sae
Mar, de i.; hat time wee ea sew pessagee,oll.—mek.
lag la all 4e. The dehaelest demi te. er Ike gemmil
that the Massa meemied ear Miss, sad Ole we tie
question at ism.
The Mem stated that he was espied the previous
won to sail ter Mr. Dead, sod was eassequently entitled
to shame for the diem* bus his stand to Mr. Brad's
which was thmmquertees of a mile. This, he ma-
mode the whole disease Our Mks God a half.
/Ir. mkt the ODOM book of fares had not yet
append, miliemetely ; but
if the modes wore disposed
M lave the woad measured, t mid he done on payment
et h. seek Memel. _

Tba somplaiiiiii—sgroad to this pragosal, but tho cab.
man mil la hod mit gat 6a. la his pediot, for it was his
first job that day.
Mr. Bevy Tim as you tea{ fficy the 54. Await I
shall take Mr. Boad's statement as wrillico of the bet, and
convict you of the overcharge, for whisk yen mud gicy Ike
penalty of 40e. or go to prison for a
Mr. Bond, who appeared rather startled attics imilmala
and severity of the decision. said he did net Ihinkibe
matter would have taken this turn. The aims was very
civil throughout the transaction, and he hard that the
penalty would not be imsosed.
Mr. Henry refused to listen to this appeal. The object of
the act in enabling passengers to go at ones to the police
courts was not to dispense with the penalties, but to save
the complainants the trouble of applying for summonses.
The cabman was committed to gaol, m default of paying
the floe, and his horse and cab were sent to the groonyard.
Robert Clark, cab-driver, appeared to the summons ob-
tained by Mr. Bigg, the fruiterer, whose application is the
"pine apple" case has been already noticed.
The defendant admitted that he was in error as to
charging 2d. each for the 120 pine apples, although they
nearly filled the inside of his cab ; still he thought it was
worth 3s. to take the lot, with Mr. Bigg, from Monument-
yard to Covent-garden Market, but the gentleman would
not go to Bow-street at once and settle it.
Mr. Henry said the defendant was in error nu every
point. He was wrong In consenting to take a load of pine
apples in the first place, for cabs were not designed for any
such purpose. Then he was wrong in seeking to charge for
them as " luggage." He was wrong in demanding more
than his fare fee the distance, and finally he was wrong in
supposing that the sow Act gave him the power to take the
hirer of his carriage to a police-court upon the question of
a disputed fare. By dm law, the hirer could compel the
driver to go to the warm' magistrate, but the Act gave no
power to the driver I. etsvory the hirer to a police-court
without the consent of the latter. The defendant, therefore,
was altogether wrong.
The defendant—But I did not use any abusive lan-
guage.
Dlr. Henry—Neither are you charged with that offence.
Your object in taking the pine apples, no doubt, was a
belief in your mind that you could make them the excuse
for extorting an extravagant fare. You must pay the penalty
of 40s. or be committed fora month.

The defendant preferred the latter alternative, and was
accordingly sent to prison.
James Drake and Daniel Bowditrit were brought before
Mr. Henry for assaulting the police in the execution of their
duty.
Drake was drinking at the Horse Shoe public-houe in
Tottenham-court-road, when, owing to Mike offensive con-
duct, the landlord ordered him to leave. The defendant
tefusiog to go, force was used to compel him, whoa a dis-
turbance mow, and a polio amiable was ailed la. Drake

assaulted the latter, and the other defendant attempted
M rescue him from the officer's custody.
Mr. Henry fined Drake 41., or a mouth, for the smelt;
and Bowditch 41, or a mouth, for the attempt to Nacos his
companion.
MARLBOROUGH-STREET.

Mr. Barry Du Barry was summoned for refits* to pay
James Hassell, cab driver, his legal fare.
The complainant said on the 11th inst. he was en the
Ilaymarketstand. The defendant asked him if he would
go to Fimsbury Circus, Feuchurch-street, and back for
3s. 6d. As this was more than the mileage fare under the
new act, he consented, and drove the defendant to Finsbury
Circus, remaining there a quarter of aa hour; then to Fen-
church-street, where, having waited an hour, he sent •
message to the defendant to state that he could not wait
longer for the money promised. The defendant came out
soon afterwards, and witness drove him to Regent-circus,
and when dismissed was paid only 61., though he demanded
Bs. as his fare. He bad been altogether engaged three
hours and a quarter.
Mr. Da Barry relied upon the bargain made in the first
instance, but as he had detained the cabman longer than he
expected, be had given hint an additional eighteen-pens as
compensation.
Mr. Bingham said this was the clearest case that had yet
come before him. The cabman, in addition to his fare, was
entitled to the waiting time, and this made his demand et
3s. more than he was paid even lees than he win legally
entitled to. With respect to the bargain, he had to remark
when • bargain was made it was to be interpreted fairly on
both sides. The arrangement to go to Finsbury-circus,
Fencharch-slreet and back fee' 3s. 6(1., no doubt meant on
the part of the cabman, that he would perform the contract
in such a way as to allow of five or ten minutes waiting,
but certainly not that be was to have more than three
hours of his time occupied in waiting. It was not likely
that any gentleman in making a bargain of this kind could
have meant to diddle a cabman out of three hours. There-
fore, he must consider the contract as set aside, and must
require the defendant to pay 3s. additional fare, 21. sum-
mons, and 2a. 6d, lose of time.

Win. l'arker, cabman, was charged by Mr. Michael
Craig, No. 16, Charles-street, St. James's-square, with de.
minding more than his fare.
Mr. Craig hired the defendant In Pall-mall, and before
getting into the cab said " Mind, I hire you by the hour."
The defendant went to liensington-gardene and back, and
then refused to be paid by time, alleging that he had gone
more than four miles within the hour.
The defendant said he agreed by the hour, but as the dia-
-1 hence he had gone exceeded the four miles prescribed by the
act of parliament, he conceived he had • right to the
fare by distance, which would be 31.
Mr. Bingham asked the complainant if he required the
defendant to go quickly, or any particular pace ?
The complainant mid he made no stipulation of the sort.
Mr. Bingham, on referring to the act, said it appeared to
him that the defendant was not entitled to the shil-
l*, over the two shillings for the hour which he claimed,
for though he had gone over six miles of ground, be had
not been required to do that distance. He ought to have
kept within the four miles, which was the distance he was
to accomplish for two shillings. If he chose to drive such a
spirited hone as could not be restrained to that distance
within toe hour, the driver must be at the leas.
Case dismissed.
William Halos, cab driver, was tined 10e. and costs, for
taking Is., when his fare was Bd.
ifr. George Russell was ordered to pay Gd. additional
fen, 2s. summons, and 2s. 6J. lees of time to a cabman.
Mr. Edward Pollard was ordered to pay 4d. additional
fare on a dispute whether the distaste gone was over or
under eight miles, 6.. feelneasuring distance, 2a. summons,
and 4.. 6d. lose of time to driver.

LAMBETH.
Henry G 10164 driver of the cab No. 1,350, was charged
with being drunk and incapable of taking are of his horse
and vehicle.
Police-constable Thomas Let, 188 L, having proved the
offence, said that on searching him at the station-house he
found on his person two sets of tickets, such as the recent
act of parliament requires the drivers of cabs to supply
their fare with when they are required. One of these sets
consisted of the proper number of the cab which the pri-
soner drove, and which were in writing, and the other in
print, and of a different number.
Mr. Elliott—How do you account for these double num-
bers found on you. It appears to me that they are used
for an improper purpose /
The Prisoner—The fact is, your worship, the printed
numbers belongs to my fellow-servant, and I picked them
up at the railway-station, but neglected to give them up.
Mr. Elliott remarked that t►e fact of the double set of
tickets having been found os the prisoner looked very sus-
picions, and proved the necessity of those who had any
fault to find with the conduct or regularity of the cabmen
comparing the number handed to them with t►at on the
cab. He then convicted the defendant in the penalty of
205., or, in dbfault of payment, to 14 days' imprisonment.

130-11-THWARK.
Mr. Richard Peters, an engineer, for many years carry-
ing on business at No. 89, union-street, Southwark, was
charged with indecently exposing himself to two respectable
married females, in Staple-street, Bermondsey.
After hearing the evidence, which was discrepant only on
the point of the defendant's condition as to sobriety when
the offence was committed,
Mr. a'Beckett said that it was a most disgusting case, and
daub a nature that he could not make much comment
upon it. Even if drunk there was no excuse for an offence
of that sort. The evidence given by the women and the
child clearly proved that he had deliberately and wilfully
assaulted respectable married females, in a public thorough-
, fare, in a most Wooten manner. Such offences he was
happy to say were of rare occurrence, therefore he should
psis • very heavy sentence, as en example to other.. The
sentence of the court was, that he be imprisoned in the
Rouse of Correction at Wandsworth for three months with
bard labour.

Mr. Solomon said, that if such was his worship's decision,
he should at once give notice of appeal, on the ground of
contradictory evidence.
Mr. a'BWiett said he should require two uneaception.
able bail in 6W. each, and the prisoner in 1001., to prosecute
the appeal at the seisions.
WESTMINSTER.

Liatd.-Colortel I;:lit:ii,eTei-ter. -square, was sum-
moned by John Sitwell, owner of a cab, No. 1,281, for re-
fusing to pay the sum of 6d., the fare justly due to him for
the him of the carriage.
Lieut.-Colonel Boyle, previous to the statement of the
complainant being received, was asked what he had to say
why an order should not be served upon him, when he
stated that on Tuesday last he hired the complainant's cab
at Palace-yard, sad directed that he should be driven to
Buckingham Palate. The far for the dictate is 6d. Be-
fore ha got into the cab he -observed some of the cabmen
laugh, and some of them map a remark to the com-
plainest. After he got a little distance mi the road, he told
the driver to go gaiacer, and observed that if he did not he
should leave the cab sad walk. Hs said that he could not
go quicker. The horse was net ping at a rate more than
lye miles an hour. He went • little further la the cab,
when he got oat, as the complainant did not go say faster,
and walked to Buckingham Palace. He asked complainant
he his ticket, as be intended to summon him. He was
liampelled;to leave town,and the cabman had summed him.
Mr. Broderip.—Are you prepared to swear that he did
not drive yen six milts an hour ?
Lieut.-Col. Boyle.—Yes ; I am.
Lieut.-Col. Boyle was then sworn, and having repeated
his statement, again alluded to the laughter that was raised
Me P animas upon hiring the cab to take hiss to
alma.
Hr. —Did it appear to you that there was an
intention to drive slow on purpose, in consequence of the
small fare T

Lieu -Gd. Boyle.—That is ay hapressios front the
musement !styles atilt.. _ _ _

The ooasplainaitt said that hie bone could walk four miles
an hour, and that it was in fall trot when Lieut. Col. Boyle
was in the cab.
Mr. Broderip observed that his opinion was, that the
complainant was going at a slower pace than required by
the act of parliament, in consequence of the smallness of
the fare. He should, therefore, dismiss the summons with
now. The complainant must be cautious, and not try the
experiment again, or if he did be would be lined.