The Express.
London, England, 1865-03-31 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCIIIT.—Kmerow, bLuice 30.
(Began the lard OW Bane sad Spread Jaren.)

BSI/CNA* V. TNN LONDON AND 8007/1 V/ISSIIIN RAILWAY

OOMPAJT.

This was an action to recover damages for wrongful dis-
missal and false imprisonment, and the plaintiff by ono of
the counts in his &Marotta' she claimed damages from the
defeadoota for having damaged and defaced a certain
osthilicato beton* to Wm. TM diefeodscits pleaded not
guilty smerally, sod also that they Rad rescuable and
probable cams for giving the plaintiff into custody.
Serjeant Parry sad Mr. Thompson were counsel for the
plaintiff ; Mr. Hawkins, Q. 0., fiedesst Ballasting, and
Mr. Wood, appeared for the °mammy.
The plaintiff in this action had formerly boss in the
army, and mimed in the Crimea, and bed the thins* and
Sebastopol medal, and he loft the service with •
may good character, sod a cortthaste was given to
him to that effect. He sobered the sent* of the
South Western Railway Comma, in 1861, sad was em.
played as • porter at the Bios Elms goods station. It ap-
peared that on the amain al the 23rd September last the
plaintiff and two other paten were employed at that sta-
tion in unloading a goods truck that bad come from the
North Western Railway, and depositing the 104401601 that
were taken from it in one of their own troths, to be con-
veyed to Southamptos. Awing the peshiges so to be con-
veyed was • peploses cont• Ming boats,- whisk wolglied one
hundredweight and thresquartees, end it wan proved that
this package was safely planed upon the landing stags of
tho rsiiesy preparatory to Ming put Into the Mock, and
shortly afterwards it was deposited in the railway van to be
conveyed to Southampton. Mr. Rumford, the fonmaq
who was superintooding the operstiors of the plaintiff and
the other porters, happened by accident to go
into the Southampton truth, sod he observed •
cr.of boots in one comer, apparently placed
for coesealment, and he at onus held them
up to the plaintiff, and observed that it looked very black,
or suspicions, or words to that effect, and the plaintiff slid
be knew nothing about them. A search was then mad*,
said it was di covered that the lido' the package =Maio-
ing the boots had been forced bath, and the pair of boots
Wolin from it, end this fact was oonolusively proved by the
rupon being re-weighed, being found to be examl7
rige elibt of the missing mir of boots deficient. Sow-
aim. it would ream, inimofttoly fell upon the plaintiff,
who was sospeoded from duty on the following morning,
mid • day or two afterwards be woe gives into egatody upon
the charge of stealing the boots, god ma remanded by the
magistrate, and eventually committed for trig, but the
greed jury at the gessicos ignored the bill, sod lo then
bronglit the prima soden. The plaintiff himself was the
prinaipal witness in support of kis own OM% sad he swore
positively that he was entirely Mamma of the gauge that
had been node spinet him, but on mose.maaninstioa he
was compelled to admit that he was the only person who
had been Inside the truck where the boots were found, and
that at the time the discovery waa roads the other two
bad gone about some other duty. It also Wand
Crregdmitted by the plaintiff that the property was, to a
arida *stook under his aurae, and that it was his duty
to have protected it. sad there did not appear to be the
alighted widows of soy straggle having- been upon the
spot by tams the ProPartr could have bogs takes out of
the psokags, and it did sot ems to be disputed that en
attempt to 00010111 a felony bad been escsmitted by some
one or other. With regard to the omit that claimed
damages for the defeatism% having defaced the certificate
SI good cheesier that bad bogs gives to the plaintiff
apse his having the army, the only *widow that
wag addueed to sappers it oat that it appeared to have
tome into the pommies of the omegy whoa the plaintiff
went into their service, and that stamped the words
"Beath Waters Railway Compsay upon it, to denote
that the penes referred be in the ortilicoto had bees in
their sante*, which or their oval maws, sod the Lord
Chad Berm observed. I. the comes of the sag, that he
could not motive what prissihdo dye, =4? to the
enthilkste by the words in quostiem Ming upon it.
HawkMa, the comae of bit eddies@ to jury for
the ditheedonto, sea he should net attempt to Moped* the
fast the* the AolesW left theywith a gad abwater,
sendsavoar to show that he swabbed the 466101
imputed to him. AU he was open to do waste galley
them that the defendants bad remonelds sod probable muse
for suspectimg the plaintiff, and ha believed that moo ids
own theaissioms weft thirst sutheigot for that purples.
No mid is was glom that some one bed Imam spin this
metered attempted to Meal the pair of boats free ik sad
plaintiff wes the only- mom who woe apes the
spot, sad frogs the hook* that ware sada, mapicies
I=irreel es Arm* open the = that the
felt themselves oompellod Me
imp mini War as at iim-Pmes Mom emidrimiCAd;