The Express.
London, England, 1867-11-06 00:00:00

COURT OF QUEEN'S BENCH.

Sittings in Bance.—(Befor; the Lord Chief Justice and Ilt.
Justice Lush.)

STIANGLILIIAN V. DIX.

Mr. Keane, Q.C., said this was an action tried before
the Lord Chief Justice at Norwich, when the jury re
turned a verdict for the defendant, upon which his Joel.
ship staved execution for coats, thinking it a wetter tint
required further investigation. The action was upon throe
bills of exchange for about 5001. for cattle purchased
the plaintiff for cash. The cattle were sold to a farms
named Main, and when they were delivered he infonnel
the plaintiff that he could not pay cash, and proposed that
he should draw bills for the amount. Plaintiff declined,
and went to the Rev. Mr. Methell for a license I.
move the cattle, but he could not obtain one because the
then regulations prohibited the removal of cattle for H
days. He returned to Ram's, at Colthorp, when Dix, the
defendant, who was a kind of farm bailiff to Rana, said
be had property, and that he would endorse the bills.
The plaintiff finding he could not remove his cattle nor
get his money was obliged to take the bilk which were
afterwards dishonoured. Plaintiff also stated that Ram
induced bins to remain at his house while he went over to
Wells to receive some money fur some wheat, with
which he would pay for the cattle, and that when he
came back he said the person was not pre.
pared to pay and he could not get his money.
The Lord Chief Justice said it was a ease of consider.
able conflict of evidence, and one in which the grossest
perjury had been committed on one side or the other.
Mr. Keane said it was so. The defendant's case on the
trial was, that the plaintiff's case teas a tissue of falsehood
from beginning to end, that the plaintiff proposed the
bills, and that he never went to the magistrate for a license
of removal. Since the trial further inquiries had been
made and affidavits had been filed in support of the plain-
tiff's case. The Rev. Mr. Methell, in hie affidavit, said
that he recollected the plaintiff coming to him on one
occasion for a license, but that in consequence of the nu-
merous applications and his not keeping a hook, he vas
unable to state the precise time. Toe other affidinits
contradicted the defendant's case in many material points,
and supported the plaintiff's statement.
Ride granted.
COURT OF COMMON PLEAS. _

Sittings in—lianco.—(Before---LOWCiieqJ;;;ios Rosin
and Justices Willem, Byles, and Keating.)
LILLET r. HI RAM or CARDIGAN._

The plaintifY
inihi;casel;dheengrO;;Of the cham-
bers in the service of the Earl of Cardigan until he oral
given into custody by the earl upon a charze of having
stolen a cheque. L pon this charge the plaintiff was tried
and acquitted, and thereupon he brought this action to
recover damages for false imprisonment and also for
malicious prosecution. The trial took place before Mr.
Justice Bytes. in Middlesex, and on that occasion the jury
answered a number of questions put by his lordship, and
sniong other things they found that the earl had not heel
actuated by malice, but thy gace a verdict for the plain•
titf:-damages 001.

31r. Coleridge, Q.C. (with him Mr. Garth. Q.C.), now
moved for a rule for • new trial, and submitted that the
findings of the jury amounted to this, that the plea that
the earl had reasonable and probable cause for suspecting
the plaintiff of the theft had in fact been proved, and
if that it had not been proved as stated, then that the
judge ought to have so amended the plea as to make it
meet the facts as proved. There was also this further
point, that the verdict being for she earl as to =briars
prosecution, the judge had so addressed the jury in re.
ference to this count in connection with that for false im-
prisonment as to cause them to find for an ear:emirs
amount of damages. In particular it was mid that the
jury were led to believe that they could give damages=
the count for false imprisonment for what had occurred
after the plaintiff was before the magistrate.
Mr. Justice Willem said that a rule would be granted,
but it might be wise for both parties to consider if come
arrangement could not be come to before calling upon the
court for judgment.
The Lord Chief Justice, who had been consulted in the
case, took no part in hearing the motion.

COURT OF EXCHEQUER.
Sittings in Banco.-(Before the Lord Chief Baron, and
Barone Bramwell, Channel], and Pigott.)
PERRYMAN T. LINTER.

This wee an action by a young man against a gentleman
residing in the country, near London, for false imprison-
ment, having been given into custody ,y him for stealing a
gun. and at the trial at Westminster in June last, before
the Lord Chief Baron, the jury found a verdict for the
plaintiff—damages 1001.
Mr. Serjeant Ballantine now moved for a new trial, on
the ground of misdirection, and also upon affidavits setting
out some additional facts. The defendant owned • valu-
able riff., which was usually kept in his stable. One ‘lll
the coachman missed it, and there was no doubt that it
bad been stolen. The plaintiff was in the habit of coming
to the stable, and the ooachman had noticed he paid
a good deal of attent:on to the title, and on 0,1
occasion he expressed • desire to become ponwased of it.
A servant of a neighbouring clergyman informed the
coachman that he had seen the missing article in the pato
session of the plaintiff, and on communicating this to the
defendant the latter preferred a charge of stealing it
against the young man. The question now was whether
the information conveyed to the defendant pee him
reasonable and probable cause for it. The learned
serjeant observed that there was a strong feeling amofig
the jury against the defendant because he was a hamster,

It :•Cei.ulit for the Lir .te amount of datuagesi
Ilr ougiit to 11.1%e told them that the defendant had never
; Tact (laughter.)
Mr. I:.iriin Bramwell— I don't think that can be so.
Mr. serjeant Itallantine They imagine banisters know
law thoroughly. I hope it i. true. (Laughter.)
The laird Chief Patron -And, therefore, ought to act
with lig-eater cution. Ido not doubt the jury were sonic-
it impresiied by the fact you mention.
court granted a rule.
Cide nisi.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
TIIE NEW ut'EsN's .tii% 'CATE.
the sitting of the court this morning. Sir Travers
patent of appointment. in the room of Sir Robert
was read by the Registrar.
lIENWts.I. r. Ht'.
1,1. Sw.ibey and Mr. Lopes fur the plaintiff, who pro-
qmleil the will of Mr. Hugh Ilenwood, her husband,
!•r. of Punster. in Somersetahire. He had been for many
rs in the employment of Messy'. Thompson, Hankey.
d Co., and lie left property in the West Indies, a large
di of which, by a will executed in June, P'44, he divided
.wrigst hi, relations, giving the residue to the plaintiff, in
,blition to a marriage settlement of 2,000/. He was in
.0, asylum in Ned, and on the pith of October, bull,
died by his own hand. The will was opposed by the
dy son of a deceased sister who was not mentioned in
Me instrument ; but the defendant did not appear to
,ipport his pleas.
The court decreed probate.
TH.NAS r. THONI.V+.
Mr. Searle for the plaintiff ; Dr. Swabey for the de.
fondant.
This related to a will executed by a married woman,
tinder a power, so long ago as November, 1837. It only
painted a sum of 200/.
There was no real opposition and the court decreed
probate.
The other business was of a similarly unin.portsnt
character.

COURT OF BANKRUPTCY.
(Before Mr. Comminiooer Coulborn.)
IN RE N. W. sTZER.

The bankrupt was described as a merchant, of St.
Itenet'aplace, llracechurch-street. The debts are 6,1821.,
of which 5,4:04/. is due to unsecured creditors. No assets.
It was stated that this was the third bankruptcy.
Mr. 11. I.inklater, for the assignees. stated thet the
bankruptcy had occurred so long ago as 1814. The accounts
showed that the bankrupt had been in the habit of obtain-
ing goods, and either pledging them immediately or raising
looney on them. Looking at the time the case had been
before the court, the assignees were tired of opposing, and
would not do so further.

His Honour—lt is a bad precedent in •case of fraud like
this ; but if the creditors do not choose to oppose, I shall
not.

Mr. Stuckbury, for the bankrupt, stated that additional
accounts had been tiled, which were perfectly satisfactory.
There was no evidence of the pledging.
His Honour Raid the bankrupt was in great good luck,
the creditors having refrained from opposing. He might
take his order. _

The bankrupt was brought up in custody, and it was
stated that he had been in prison eight months. His order
of discharge being granted, be will obtain his release in a
month.

THE POLICE COURTS.
(THIS DAY.)

CLERKENWELL.
THE ANN I V EIV4A KY OP THE FIFTH OP NOVEMBER.

On Mr. Cooke taking his seat this moronic at 10 o'clock
there were only five charges for discharging fireworks.
This is a great felling off from previous years when the
numbers have exceeded .10. The following are the charges
and results:

William John Turner, aged 14? a clerk, of 21, Balmoral-
grove, Caledonian-road, discharging fireworks in Blundell-
street, Islington, filled is.

William juts, aged 14, an errand boy, of 29, Gifford.
street, Caledonian-road, discharging fireworks in Seven
Sisters-road, Islington, tined Is.
John Philan, aged 2.1, of 35, Stainton-terrace, Old St.
Pancras-road, described as of no occupation, discharging
fireworks io the Caledonian-road. On the way to the police.
station the defendant was violent, and made use of bad
lanraSe. Mr. Cooke said that the defendant was of an age when
he should know better, and ordered him to pay a fine of
:4. or in default one day's imprisonment.
The fine was pad.
. . . .

Willia,nrry, aged 32, s porter of 33, Beech-street,
St. Luke's, and John Barns, aged 17, of 11, White Inn-
yard, a painter, were charged with discharging fireworks
in Whitecrou-street, St. Luke's, were fined ss. each, or in
default of payment one day's imprisonment.

MARLBOROUGH-MEET.
THE HAYMARKET AT NIGHT.

Jneeph Blundell, ham and beef dealer, No. 35, Seymour-
street ; James Gamma, No. 3, Seymour-street, tobaoconist ;
and Julia Harn,an end Mary ArKinlay, two unfortu-
nates, were charged before Mr. Tyrwhitt with being drunk
and behaving in a disorderly manner in the Haymarket.
Sergeant Horsey, fi C, said that about half-past 1 o'clock
that morning he beard a great disturbance in the Haymar-
ket, and going to the spot to ascertain the cause be found
the four prisoners, who were all drunk, having • loud
altercation about a baby, there being • large crowd round
them at the time. He requested the prisoners to go away,
when Blundell said, 'Go to --, you are only a
pee and Oatuau putting his heed into his pocket said,
" I will give ycu something which will put you under
ground." Witness thinking he was going to take some-
thing out of his pocket, seized the prisoner's hand, but
there was nothing in it.
Mr. Tyrwbitt said the sergeant was quite right In taking
the precaution he had.
Sergeant Horsey said that there was such • disturbance
caused by the prisoners that with assistance he was
obliged to take them all to the station.
Police-constable Fish, 152 A Reserve, gave similar evi-
dence to the sergeant, and spoke to the disturbance caused
by the prisoners.
Police-costatable Bramall, 158 A Reserve, said that on
going up the Haymarket he found • large crowd assembled,
and hearing Gan.an say that he would " settle the ser-
geant," and seeing him put his hand into hie pocket, he
seized his hand, but there was nothing in it.
Gasman said that because he and the other prisoners did
not move sufficiently quick to please the polies when they
were told to go away the police pushed them about,and be-
cause he put his band into his pocket to tale out his
pocket-book to take their numbers they seized him and
took him and the others into custody.
The other prisoners simply denied making any disturb-
ance.

Mr. Tyrwhitt said that the police would be of no use
whatever if they did not interfere with drunken persons
and preserve the peace. As to Gaman, it was the putting
of his hand into his pocket, accompanied by what he said,
that caused the police to seize him, and perhaps • little
roughly, but who could tell what might not happen from
persons who thronged the streets at night. The prisoners
were all drunk, and that was the Willed it all. He should
fine the male prisoners 10a. eack and the females each.

Inspector Harrison said snob distar bri;eas w—ers—oi;licti;
occurrence, and the persons taking part In them set the
police at defiance.

After the prisoner Harrison had had her fine paid for
by one of her male companions she created • great distur-
bance in the psmage of the court, and made use of such
disgusting language that she was taken into custody by
Mr. Baden, one of the officers of the court, and on being
again brought before Mr. Tyrwhitt she wakened 20s. or 14
days.

A mak Lairrrnee, an unfortunate, was next charged with
making a disturbance is Vine-street.

t .
Sergeant Godfrey, 18 C, said that the prisoners in the
previous case were being taken to the station, a crowd
of about 200 persons followed them to the station, and
e
the prisoner, who was in the midst of the crowd, set to
t
screaming at the top of bar voice, and in order to get rid
It of her he locked her up.
1 Mr. Tyrwbitt said that he thought the locking up the
prisoner had undergone was sufficient punishment for her,
and discharged her.
o DISCHARGING TIIRWORRS 131 TIN svwrrrs.

Four boys, named George Simile, Charles Par(er, John
and Reach Green, were charged with letting
01l fireworks in the streets, and tined small amounts.

WANDSWORTH.
EXTRAORDINARY CAME OF NI WC L I/ A NACF-

Jobs Welds. a hammerman, was charged with wilfully
damaging a shop window.
Mr. W. Haway, manager of the business of Mr. J. C.
Folkanl, pawnbroker: Beadley-terrace, Wandsworth-road,
said that on the previous afternoon he was startled by the
crashing of glass in the shop window. Before be could get
round the oounter there was anther mash. When be got
outside he found the prisoner in the custody of a constable
as he was about breaking a third pane. The value of the
glass broken was 21.
The prisoner—lt is correct what be says.
Police-constable Butler, 205 W, said he saw the prisoner
walk up to the shop, deliberately raise his foot and smash
a pane of glass with it. Before ho could get to him he
broke another. He said he was out of work, and that he
bad intended to take something out of the window.
The prisoner said he bad been out of work for a long
time through a had leg. Hit wife who was dead, had left
hire with a child, and they had been wandering about
like sheep without habitation. He did not care what the
magistrate did with biro so that his child was taken care
of. He broke the windows for the sake of the child.

Mr. Ingham committed Lim Vopri;;n for two mouths
with hard labour.

GANEM ON GT Y IAWRIN DAT.

. --...-..
Three young men ruined Joseph Whitehead, Janet Mead-
mnrr had James Blond, were charged with setting fire to
the furze upon Clapham-common.
Sergeant Boorman, 24 W. said, last night he saw •
number of men and boys on Clapham-common, and they
went from the place where fireworks had been discharged
towards the furze, some earrying lighted torches. Witness
followed, and when within 60 yards of the fume it burst
out in dames. He saw the prisoners come from the fire.

Mr. Potter, m the coo.on-keeper, a rod r • .c
furze had been
burnt..

The prisoners denied the charge, Meadmore also ►t .t-
-ing he was playing at " hunt the fox.' when the totei.
went out. One of the party set tire to the furze, but Lo
did not know his name.

Mr. Ingham said be had no doubt it was thought wr(..t
fun to set tire to the furze, but such serious conseque!..
had resulted from it that parliament hail passed a law
which wade it a case for trial with two years' impri+an•
went. He remanded the prisoners on bail for the pa:p
of clearing up the case.
There were several cases of discharging fireworks i:: ti:e
public streets. The 6ne imposed was 21. bd.

GREENWICH.
I:REM:I:VG OCT OF A 1,1.1 CE CELL

Oe.,erle 7,,.1mna, aged 2".1, a Gmenwich waterman, as
charged before Mr. Maude with being dim*, asa.,ulti
police-constable Foxley, 124 it, and also with
the rlice cell. and making Ili, escape out of custody.
It appeared the prisoner was found in Greenwich
and creating a disturbance and on being taken to
the station he threw the constable down and daniagNl
his uniform trousers. He was then placed in a police cell,
and on Sergeant 29 It, afterwards visiting the cell,
he found that the water-closet bail been torn tip. :it..l
hole made through the brickwork, by means of which the
prisomer had succeeded in making his escape, but he *TA
traced across the gardens of two houses. and recautn
The damage done to the police cell was estimated at 40e.
The prisoner, in answer to the magistrate. maid he wit
very drunk, and had no recollection of anything, but he
thought the wall of the police cell could not have bean
very strong. (Laughter.)
Mr. Maude said the cells were found strong enough for
the general Clithl of prisoners. There would be a tine of
:is., and 411 s. damage to the police cell, or a month's im•
prisonuient with hard labour.
The prisoner wan removed in custody.

LATEST SPORTING INTELLIGENCE

(BY TELEGRAPH.)

LIVERPOOL MEETING.-(THIS DAY.)

CORINTHIAN HURDLE.
ThAlassina
Endaleigh

•••
5 ran.
HANDICAP PLATE. Six furlongs.
Queen of Trumps, Rat 101 b ; Attache, 7at 12Ib ; In Tian
Star. Tat 101 b ; !Anemia, Tat ; Star, bat 121 b ; Oberon,
Est 12Ib ; Polka ; 6st 121 b ; Ruby, Get lb ; Derweut.
fiat 31b ; Themieto, sst 101 b. All are here.

LIVERPOOL NURSERY. Six furlongs.
Evelio*, Timmy, Northern Star, The Returned. Butter-
cup, Vortigern, Flora, Tabouret, Duffer, Lady Rose,
Thorndyke, Footlight, Proctor, Yardarm, Morning Star,
Amendment, Slender, and Blacklock are here.
GRAND SEFTON STEEPLECHASE. Three miles.
Plover, L. S. D., The Pensioner, Farnane, Rep,,rter
Knave of Trumps, King of Hearts, The Scrub, and Sylph
are here.

SEFTON HANDICAP. Six furlongs.
Queen of Trumps, Indian Star, Skylark, The Skipper,
Huntsman, Jeannie Deane, Tortuga, King of Spades. Pax-
ton, Salamanca, Prospector, Secrecy, and Scipio are here.
Amucen.—Exeitement,NewGuines, Purveyor, tipb•is.
B'tty, Madrid, Herenniauus, Peer, CcEine, Colenso, Misfit
e, Atreus, Bracken, Prince Louis, Doctor, Tallyho,
Minette, and The Lamb.