The Express.
London, England, 1858-12-20 00:00:00

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1111.11 WATIMET LONDON BRIDOE.e.

Loan°, I. MONDAY, DEC U.

la *lll by Jury to be ■afntaineditetact? Is it
of importance that the Nee which separates the
functions of the Judge from these of the Jury should
be kept inviolably Blear and distinct ? It is with acme
aston.stiment that we find it necessary to pat such
questions in the 68th year of the 19th century; it
is, it possiiile, with still greater utonishment that we
find the occasion for patting them to have arisen
from the judicial proceedings of that high oonstitu-
Sisal sathority, Jon• Lord CAMPBELL. Our
columns of Saturday contained the report of a
case, not then beard for the first time, in
which Joan &mu, a commernial traveller, wu the
plaintiff, and the Great Northern Railway Company
were defendants. The action wee brought to re-
eover compensation in damages for injuries sustained
through the alleged negligence of the defendants on
the 13th of August last. On that day the Northern
mail train came into collision, near Newark, with a
fish train, which had become embedded in the line
in consequence of the sinking of the rails owing to a
great fall o! rail and the fioods of the Trent. The
plaintiff, a passenger in the mail train, wu severely
injured by the shock, His heed wee cut open : he
was for some time immersed chin deep in the water,
his clothes were torn, and he lost 131. from his
pocket-book. The defence of the Company was that
the accident wee to be attributed, not to any
negligence of theirs, but to an almost un-
paralleled fall of rain on the day in question,
against which no human foresight could provide.
Lord CAMPBILL inunnsed up the CYO to the Jury
with his accustomed clearness and preeisioa, direct-
ing them to find a verdict for the defendants if they
thought the flood was unforeseen or unparalleled in
the neighbourhood, that there was nothing to indi-
cate danger, and that the train wee going at a
reasonable speed. If, on the other hand, they were
of opinion that there had been negligence on the
part of the Company, they would find a verdict far
the plaintiff, with adequate but moderate damages.
The Jury, after an absence of two hours, came into
court ; the Foreman said, " they had agreed to •
" verdict for the plaintiff—damages arse farthing.'
What follows we give verbatim from ear report :

Lard C.empball—Oestiaaee, I really cannot, I; the dis-
charge el ley defy, resolve that reedit. It le impoaribis
erne be right , it rem* stead ; the Cart d Qum'. /3oaoh
re it ride. If yes lad a west be lie plaited, yoa
ore booed to give his reammehle &Ergo ; sad it he la sot
raided toe west yea mai ray so. I meet, tinder%
beg yoa lo nth* agile be year °belabor, and re-ereekke your
verdict

♦ Juror—Theo to so ohm* toy Lord, et oar
Aaelber Jo ter—We era quit,' divided hi °potion.
Lewd Cempball—l hope tau by coasultatiou sad dekiberie
doh you will be We to aim.
emend jamas. said It we. quite itopoleible.
Lord CoMPSZLL, upon this, with a constitutional
eulosium on Trial by Jury, dammed the Jury to
their room to re-consider a verdict they had already
given in. At half-past five the Jury were again
brought into court, nod our report proceed@ es
follows:

Lad gentlinues, ban you spud ca
your vodka?

The lforesed—ldy Lord, there Is no chance of our caning
to ma diresmat.

LordCemapbeil-1 era Daly order you to raters to your
chamber, and deliberate wain upon your verdict. That is
whet the her retiaisea and .bat it la ray duty to seem.
The Peremaa—That la all we one say.
• Jorrene—We have bees over it so often, that there Is
as alarm of out agreeing.

Ind Cerepball—The sw is binding cat me sad you,
although sot to force your coesciences. You tart Mare
sad be lacked up still you agree.
• Jerymers—We hare agreed.
Lead Cesteetell—Yoe hare agreed to a verdict which
1 Part toy is contrary to law, to .jastios, sad to comma
vase. (Laughter) lam aetcaished at U. No judge ever
sat spot the beech with a greeter merest iisdisise lies I
haro, aad the some I have seelseed to the edweniesinsies al
Justice, is coajartotica with juries, the more I ban edesind
the admirable tribunal which they boa. It dew empties
we to tot that pinheads ef year Wallows will use,
attar beiog told that your vodfat 11111 met be ressived, and is •
verdict osetrary to law, justice, and mama sumo pain is
a verdict for the plaistif—givlag It as year *miss that
dem wen segligeace on the pert of the sere y, whereby
the *Sue sellsred sac It sewers *arise as were daneribed la
W evidence, sod yet cutting him of with • baba& That
is tot areditable : yes will rehire to year iambic
A :errata—Dow your kedship rem le receive tie
renlica f

Lent Campbell—l do Woo, to motive It, r the low re.
quires Ns. You moot rotors to your chamber and mar
Eder your indict.

The jury this withdrew.

In the chamber to which they so retired they
were locked op all that December night, under the
charge of an officer, whose treatment of them shows
that he bad in some way received the impression
that so many culprits had been committed to his
coated, ; and having there been duly kept till the
morning, " without food or fire," were discharged at
the Midst of the Court without having agreed upon
any other vevdiet than that which they had pre-
viously handed in.

Now the question is whether Lord CLIIIPSILL
had any legal right to refuse to receive the verdict
of this Jury, however absurd he might think It, sad
to order these twelve gentlemen to be locked up all
night without food or tin, in order to compel them
to arrive at a eintelasies move suitable to his notions
of what was commute "with law, justice, sad
main agog,* Our arm belief—a belief not