The Express.
London, England, 1867-12-12 00:00:00

LAW INTELLIGENCE.

(THIS DAT.)

COURT OF COMMON FLEAS.
COUR
ND .
Sittings at Nisi Pri SECOns in London.— T(Before Mr. Jie
Byleis and a Common Jury.) ustk
mucus r. sinus.
This was an action to recover damages for personal
injury.
Ills. Locke, Q.C., and Mr. CoMils appeared for the
plaintiff ; and Mr. J. J. Powell, !4.C., for the defendant.
The plaintiff was a
butcher, in Green-street, Bethnal.
green, and he also had a stall in Leadenball•ruarket. The
defendant was a salesman in that market, and on thin
211th March last about 2 o'clock in the day the plaintiff
bought some meat at the defendant's shop, and went into
the shop to pay for it. Hie case was that whilst there
some one willed his attention to some flanks et
beef which hung in an unusual per. of the shop,
and he went to look at them, and whilst there he took
one step back, and fell through a bole in the floor, which
led into the basement. His leg caught in the ladder
or stain which were there, and he hung head
downwards. He was lifted up and sent home
and it was found that his leg, thigh, eiel
ankle, were hurt ; he was confined to his bed
for five weeks, and was unable to attend to hie
business for two months. The negligence alleged was
that the flap which was made to cover the hole was open
and thither that • gate which, if shut, would have Esti.
an efficient protect-ton to the hole, was thrown back.
The defence mei that the plaintiff was not invited to
go to that particular pat: of the shop, and that he had no
banes' there • that there was plenty of light, so that the
hole could be plainly seen, and that the plaintiff could not
have met with the meidsuit unless there bad been watt of
care on his part. Further, it was stated that the plaintiff
himself, immedrately after the accident, said that it was
his own fault.

Mr. Justice Myles directed the jury that the plaintiff
mart make out that ettber by actual words or bythe comes
of hilliness the defendant invited the plaintiff to go to that
particular part of the shop ; that the place was dangerous,
and that the accident happened without any fault on the
part of the plaintiff.
The jury found for the plaintiff. Damages GOl.

COURT OF PROBATE.
(Before Sir J. P. Wilds and a Special Jury.)
TOVIM AND lIIINDT AND OTHER&
This cause progresses but slowly, the plaintiff's witnesses
being still under examination.
Mr. 11. Chambers intimated this morning that in allpro,
bability the case would occupy the remainder of the week,
Elia lordship therefore stated that no special jury cases in
the divorce list would be taken this term, and the juries
summoned in the probate cues were for the present di,.
charged from attendant*.

COURT OF BANKRUPTCY.
(Before Mr. Commiesioner Holroyd.)
111 RI DRYRTIJO rem.
This was an adjourned sitting for examination and dia.
charge under the failure of Demetrio Paine who is de-
scribed in the proceedings as of 11, Threadneedle-street„
late manager of the Oriental Commercial Bank (Limited)
The adjudication was made upon the petition of the
Agra Bank (Limited), and the bankrupt upon the appli.
cation of his assignees has furnished additions/
details of his transactions, particularly of his
dealings in shares. An amended statement of accounts
returns the following figures :—Creditors unsecured and
nominally secured, 1e8,252/. ; and creditors holding
security, 7 ,3261 . ; there being a deficiency of no less than
190,663/. A stun of 94,4titit. is stated to be due to the
Oriental Commercial Bank (in liquidation) in respect of
calls upon shares and 50,7601. represents the amount
stated to be due in respect of calls upon shares, to the
Financial Corporation (Limited) also in liquidation.
Numerous proofs presented by Mr. Kemp, Mr. Jamas
Cooper, and other gentlemen, who have been appointed
liquidators of various companies, now winding up, appear
upon the proceedings.
Mr. Bagley appeared for the assignees, and offered ne
opposition. He said the bankrupt bad filed additional
accounts, which were probably the best that could be
obtained. He might state that an inquiry was in provenly
in reference to the bankrupt's dealings as manager of the
Oriental Commercial Bank (Limited).
' His Honour—What is the object of the inquiry?
Mr. Bagley said it had reference to the bankrupt's
transactions as manager of the bank, and the liquidators
had to examine him upon the subject. The assignees
thought that the inquiry might be left in the hands of
the liquidators, and therefore offered no opposition to the
bankrupt's pelage through this court.
Mr. Reed, who supported, said that the Oriental Cone
mercial Bank was established some years ago by the bank.
rupt, who invested 20,000/. in the concern. An amalgams.
lion was afterwards effected with the National Financial
Corporation (Limited), the bankrupt being appointed me
anger at a considerable salary. From tiwe to time he in.
vested his earnings in shares in various companies, which
were afterwards placed in liquidation, and the figures in
the accounts represented the bankrupt's liabilities in res-
pect of future as well as past calls. The bankrupt pot-
seemed the confidence of those with whom be had been
connected, ex.d his friends intended to assist him in
regaining his position.
His Honour granted the order of discharge.

SHERIFFS' COURT, RED LION SQUARE.
(Before Mr. Under Sheriff Burchell and a Jury.)

DOVIELL r. THE GREAT WESTERN RAILWAT COWPANT.
This was an action in the Exchequer, in which judgment
was allowed by default, brought by the plaintiff, ldr. John
Doylell, against the railway for turning him out of
can iage at Reading, on his return from Oxford, at the
time of the races. The damages were laid at 1501., and a
writ of inquity was executed to WON the amount of
damages to be awarded. , .

Mr7Serjeant Robinson (with whom was Mr. McLeod)
appeared for the plaintiff, whom he described as a gen&
man travelling for a City house in the spirit trade. Hs
went in August to Oxford, and at Reading be presented
his return ticket, which was available for four days, ad
the station-master refused to recognise it, as he said it
was out of date, and be was dragged out of the carriage
in the presence of several gentlemen and prevented rs
turning to Paddington. For the miaconduct be brought
an action, and the company had offered an apology and
101. as compensation, which he (Mr. Serjeant Robinsed
was willing to accept and the jury would be saved a
long Inquiry.
Mr. H. James, as counsel for the company, desired to
say a few words before the verdict was recorded. A
mistake had been made by the station-master at Reading.
It happened during the Oxford races, for which the return
tickets were available for four daps; he had, however, mis
taken the time and considered this ticket out of date ; he
at once apologised, and the matter could have been settled
but for the excessive damages demanded by the plaintiff.
Mr. Serjeant Robinson accepted the ample apology. All
he could say was that there had been personal violence
' and the plaintiff we. prevented going ly the train, and
obliged to go into Reading for some hours. and when the
station-master found out hie mistake, he admitted it ; but
all the gentlemen who had seen the indignity committed
had gone, and the only course was the action, and an
apology bad been publicly made.
Mr. H. James—You have the apology and 30f. halides.
The learned Under Sheriff told the jury that as the
learned gentlemen had arranged the amount, their simple
duty was to assess the amount speed upon.
The jury assessed the damages at 301.

THE POLICE COURTS.
(THIS DAY.)

BOW-STREET.

INOTIgIOUS MArDAN!, OR{ ERY.

James Ire-in de Cark, late ledger cit. k to Mr. Bohn,
the well-known publisher, was brought up for final coxed.
nation upon several charges.
It appmwed that for some considerable time a sum of
19s. fisL bad stood in Mr. Bohn's books to the credit of
Mr. Blackett, a bookseller at Newbury, and a customer of
Mr. Bohn's. This balance had not been forwarded to Mr.
'Hackett, as it was his wish it shou'd remain until he
should order more goods, after which the account could
be balanced. The matter remained in this position till
I a letter was received, purporting to come from Mr.
Blackett, stating that he bad resigned his business. and
requesting that the amount should be forwarded to him at
Rom, in Herefordshire. The' letter was now proved to
be in the prisoner's handwriting, though there was suer
Ment imitation of Mr. Blackett's signature to mislead, at a
cursory view. Mr. Bohn forwarded a post-sdiice order fee
I the amount to the address stated. It seems that the me
goner, after the letter was posted, wrote to the postmaster
at Roes with a transfer order to make the money payable
at Roston. This order was complied with, and the
prisoner went to the office at Heston and re-
ceived the money, signing the order w!th
the name of Mr. Blackett, in the place where the receipt
is acknowledged. In addition to the proof of handwriting,
the prisoner was identified by the Houton postmaster.
Tne prisoner was committed for trial on the charges of
forging the letter, the transfer order, and the receiptM
the post-office order, and also on the charge of obtruemi
the money by false pretences.
Mr. Bohn said be believed the prisoner had committed
many similar frauds upon him, and if publicity were Pio
to the case, no doubt customers whose accounts bad Iwo
tampered with would come forward.
He was then charged with stealing a quantity of valuable
books, the property of Mr. Bohn.
When taken into custody by Sergeant Aekrell on tY
former charge, the prisoner had in his possession a number,
of pawnbrokers' tickets for books pledged in parcels 4
from three to five, for sums varying from 10e. to 20s. 11,1
books were all new and worth a guinea each.
Mr. Bohn said the pawnbrokers had shown great reckleir
sees in receiving parcels of new volumes for inett.
piciously low sums—a remark in which the mils-ears*
concurred.
The prisoner wan committed on this charge also, s"

,11,. on a charge of stealing Itrt. from :klerars. Carter and
„,d n.erchante, Holborn, from whose service he
ab.cuutled about two years ago.

WESTMINSTER.
EXTRAOKIIINAIa IMARGE OF FRATII.
Hoare, an elderly man, was charged with frond
oa .e t., ry extraordinary circumstances.
me. Mardi, solicitor for the prosecution, stated the case.
on the bah of July, 1866, the prisoner was engaged by
ige. IV. Drake, of Chapel-street, Westminster, boot and
shoemaker. as an aaustant, and it was part of
bas im.iness to sell goods in the shop. There were
stated prices for everthing—amonget them 9a. for blucher
woe...m.l'ls. for lace-ups. The fraud complained of was
that the The
exceeded these prices and pocketed the
n ern. The effect of this was most injurious to both em-
I,loyer Anil customer.
Me. Ilrake said he had had .10 complaints of over-charge
of o,..leseription. His business had fallen off very much
tbrov4h
Dlr. 1:a11 proved buying a palv of boots of the prisoner
About the end of last month for 9..
pri„,n,r slit that that was quite correct. He hail often
charged more than ffs. for the boots, but that was not for
the woe clams of goods as Mr. Drake had spoken of ; it
for misfits, or boots made to order that bad never
lwen leeched.
Mr. Drake denied that such was the case.
Another witness was called, who deposed to buying •
cf hoots at prosecutor's for 9e. 6d.
Prisoner said that he had accounted for all the money be
received.
Mr. Drake declares! most positively that be had not.
l'roceutor's books were produced but there was no catty
what the sums were for.
Thomas l'ottingbani, foreman to Mr. Drake's father.
Whitechapel-road, coach-maker, gave prisoner a good
character. he also said that if the boots were large sized
(tens) the price was extra.
Prosecutor said that in the two cases now brought for-
tord the sizes were 6 and 8.
Mr. Arnold said the ease was one full of difficulty, and
je.,,amled prisoner for a week on his own recognisiiNces.

SOUTHWARK.
THE compol:Nti Not sZNOLDLIt QUESTION.
lEditaht //ward, a respectable mechanic, inhabiting a
auiall tenement in Market-street, Borough-read, appeared
before Mr. Partridge by adjournment, charged with aseault-
lug James Stephens, a rent collector.
Mr. Chippertiel.l appeared for the prosecution ; and IP%
Hicklin for the defendant.
It appeared from the evidence that the complainant
was engNed by Mr. Lindfield, the landlord's agent, to
collect the rents of the houses in Market-street, and
on the evening of the Pith ult. he called on defendant and
demanded 10s. dd.. 10s. being for two weeks' rent, and the
31. for the accruing rates. The defendant objected to pay
the Litter, and as he had paid Bs. 2d. poor rate be asked
that to lie deducted. They then got to words, and the de-
fendant pushed the other out of the house, and hence the
assault complained of.
In crou-examination 17 Mr. Ificklin, witness acid that
the door was opened to ham by a child? and the defendant '
called out " walk in," and asked bin, ,f he had come for
the rent. He told him ho had, when defendant pulled
eat a receipt for poor rates amounting to be. 2d., but he
did not otter him the Is. 10d. difference. Witness told
him he would have to pay 2s. ld. difference, as there was
31. extra for future rates. The defendant then got
in a passion, and told him to leave the house,
and as he was doing so he unstilted him.
Before be did that the defendant acid he should arrange
with his landlord about the rates, when witness told him
be had no occasion to trouble himself, as he had ai:anged
with his wife and all the tenants on the previous week.
In answer to Mr. Partridge witness said that all tenants
st :is. a week and under world pay :id. a week extra, and
all over .Ile. to 10c, 6d. a week in addition to the rant, for
future rates.

Mr. Pctridge asked if the occupiers were on the rate-
Looks ? - -

itness did not know about that, but he knew that
the landlord paid all the rates in a lump thereby rasing
the parish some trouble in collecting the rates. The
tenants were all aware of that.
For the defence Mr. Hicklin said that all his client
wanted was to see his landlord before he paid the rent. He
told the complainant so, when the got in a passion and
refused to leave the house. The defendant then merely put
him out.

Mr. Partridge observed that ail the tenants had a
right to be rated and have their names duly entered in
the rate.books. He considered it vesj unfair of
the landlords of these small tenements in raising the
rents for a future tax. The act speeiges that the occu-
p,^ra shall pay the rates themselves, and if there is no
other agreement leduct the same from the rent. The
defendant most likely was of that opinion and *allied his
name put on the register—hence the r;sturbance. Under
r'l the circumstances he believed that the complainant
rasa as much to blouse as the other, consequently he dis-
missed the oompla'ut.

WANDSWORTII.
RAFFLING.

Sergeant Hirrest, of the W division, app' ed to Mr.
Barna°, the sitting magistrate, for a summons against •
licensed victualler for permitting a raffle to take place in
b;s house fora pig.
Mr. Dayman inquired under what act the sergeant pro-
ceeded. He was not aware that a raffle could be con-
sidered an act of gaming.
The sergeant said he was instructed to take out the
semmotue for an offence contrary to the tams of the
license.

Mr. Dayman said that would be for permitting
gaming. lie doubted whether a raffle came under that,
for it was not a game of any kind. There was no skill in
a raffle, nor did one man stake money against that of
another. He then asked the sergeant whether he re-
membered any conviction for a raffle. Look at Christmas
time, there were I..fflee for geese and other things.
Sergeant Harvest said he understood there was • con-
viction for holding • sweepstakes.
Mr. layman said were sweepstakes to be considered
riming
1 tie sergeant then told the magistrate that the police
wereacting upon the complaint of the Hon. Mr. Wrotteidey,
one of the county justices, who bad received idol -nation
treat there was • great deal of gambling going on in that
neighbourhood.

The clerk was flaked whether he remembered any con-
viction for permitting a raffle, when be replied in the
negative. tie maid there had been convictions for card-
play lug.
Mr. Dayman thought raffles were in reality lotteries.
He then looked into several casco, but he was unable to find
one bearing upon the complaint.
1:1t4 utely the meg:strata said the sergeant could have
the 1110110101111, but he would have to prove the cue.
The sergeant thanked the magistrate, end took out the
1011141011/.