The Express.
London, England, 1860-06-19 00:00:00

THE JUDICIAL COMMITTEE OP THE

PRIVY 001711011..—Junt 18.

Present : Lords Justices Knight Bruce and Turner, Sir L.
Pea, Sir Edward Ryan, Sir J. Coleridge, and Sir John
TEI COILECTOI 01 NAlt/LIPATAM V. NASBAIIIAP.LII.
ELIDOO Laink
The question raised in this appeal was as to the right of
the government to succeed to the estate of a Hindoo who
had died without heirs. In 1810, Ramanapab, the semindar
of Vimunapett, in Mandipatam, died without issue or
adopted son, leaving a widow, who, according to Riede*
law, succeeded. She died in September, 1849. In 1830 it
had been notified to the collector of the district that she
had transferred the zernindary to the grandson of her
brother, and requested that the transfer might be re-
gistered. This was refused, and in 1838 the widow
exseated a bond to the respondent's father, mort
the whole of the xemindary with the exception of tsgr:it
laps, to the respondent's father for the debt. She failed
to pay her instalments, but continued in possemion of the
estate. Upon her death it was attached and declared
escheated to the government on failure of heirs. On this
the respondent petitioned the civil judge, praying to be put
in poesession, but his petition was rejected. The order,
however, was reversed by the Court of Sadder Adawleet,
and against this the present appealwas brought.
Mr. Forsyth and Mr. Melville appeared for the appellants.
Sir Hugh Cairns and Mr. Apton repnmented the reepond-
ante. The arguments had sot oesehoded when their lord.
ships rose.

COURT OF COMMON PLEAS.—.Turrs 18.

UWE. at NW Prise in likkUesex.—(Before Lord Chief
Justice, Ede sad a Special Jury.)

CASTAWAY AND WIPE V. SNITH.-THE PROCTORS OF CAM-
BRIDGE AND THEIR POWERS.

The plaintiffs in this case claimed damages for the false
ins • nt of Mrs. Cattaway, and the only plea was not
ty.
Mr. Edwin James and Mr. Rime appeared for the plain-
tiffs; and Mr. O'Malley and Mr. Denman for the defendant.
Mr. James said the case which was about to be sub-
mitted to the jury was one which was deserving of their
very serious consideration. Mn. Cattaway was the wife of
a fireman on the Eastern Counties Railway, living at Cam-
bridge, and the defendant was a proctor in the university
In that town. In another case, which was nowdown for trial
before his lordship, • very serious question would arise as
to the power of the proctors to imprison women found in
the streets of the town • but in the present case the defen-
dant did not justify his act, and therefore the ally ques-
tion here would be whether he had done what was com-
plained of. He should prove that it was under the defter-
slant's orders that Mrs Cattaway was arrested and imprisoned,
that she was under his control whilst in the prison, and that
it was by his order that she was discharged. If he proved
this the simple question would be the amount of damages.
i On the 28th March last, in the evening, Mrs. Cattaway was
Irsakbig to two females for whom she worked, and they
WOW standing in St. Andrew's-street, when the proctor
aune up accompanied by two persons who were denomi-
nated " Bull-dop"—(leughter)—and it was not a bad
name for them, for their doings caused constant
scenes of violence in the town, and the whole
three were taken to the spinning-house. This spin-
' ninghouse wan a kind of private prison, containing
calls, and belonging to the University of Cambridge. The
proctors claimed the right to go up to any woman in the
town, and say, " I suspect you of being an improper cha-
racter," and order her to the spinning.house, where, WOW
ont any evidence on oath, the vice-chancellor sentenced
utwomen a fortnight, • month, or even two
moar to
confinement. In the present case Mrs. Cattaway
was on detained about half an hour ; but this confinement
bad seriously affected her character, for • large number of
pawn were amernbled round the spinning-house when she
was discharged, and she bad remained up to this time with
the stigma upon her of having Leen imprisoned as a woman
tithe town. The hardship of the am, too, was that when
she was taken up she had done nothing that could give
offence to any human being.
The following witnesses were called :
Mrs. Grine' Oattaway-1 am the wife of • fireman in
the employ of the Eastern Counties Railway, and I live in
Breed-street. On the 2nd Marsh I was la St. Andrew's-
Menet about half-put Dim at night. Harriet Betsce was
with toe, and Miss Brockwell was just in front. A proc-
tor (the defendant) stopped and took me to the spinning.
house. He had two " bull dop" with him. I knew them
as the servants of the proctor. The defendant said we should
all three come to the spinning-house. I said I should not
go, end I walked on past the spinuinghouse. The men
took hold of mu by the shoulders when I had got thirty
yards, and pushed me into the spinning-house. When I
got in the door war fastened, and one of the proctor's men
hie back against it. The defendant was in the hall.
eilic:rdas ringing the bell at the door when the men had hold
of me, and he saw me taken in. I said I thought it was a
very cruel thing that !should be brought there. I said this
to the defendant. I said I bad been always a respectable
servant before I was married, and that I left • good situa-
tion to be married. I remained in the hall • quarter of an
hour. The defendant went into another room, where
be examined the other two women, and sent them
into cells. The matron of the spinning-house
called me in. The defendant was there with her. He asked
me what I had to my for myself, and I said it was a cruel
thing for me to be brought there ; and as I was working
for respectable shops in the town it would injure my
character. He said I was talking to two postdates. I said I
did not consider them prostitutes, as I knew they worked for
a living. He asked me who they were, and I said it was no
business of has. He said, " Your name is Cattaway 1" I
said, " Yes." He asked me if I was married, and 1 mid
"Yee." He then said he did not wish to detain me any
longer. The matron said I washed for girls, and I said,
"Yea, I do; but I do not ask them how they get the
money to pay me." Ho said he did not wish to detain me
amend times whilst I was in the hall. I was there a
quarter of an hour alter I left the room. I stayed in the
hall because I did not wish to go among the crowd outside
who had followed me to the spinning-house. I was in the
spinally:-house rather more than half an hour. Miss Bell
and Ann Holden accompanied me home. The next day I
instructed my solicitor to bring this action. I was doing
'nothm but walking along the street when the proctor
ie. I was not speaking to any of the under-
isteCross-examined—My husband travels on the line with
the engines to Hitchin. I don't think Broallstrect is in
that part of Cambridge called Barnwell. I have had
my house. I never had more than one unmet.
2ari in
woman lodger at a time. They were out gels of the
tows when they lived with me. Durrant was not • '
of the town when she lived with me. She lived by wash
and ironing. I wash for several unmarried girls. Ido
know that they are girls of the town. Some of the women
I wash for are needlewomen. I don't know whether they
are women of the town ; I cannot answer for them. I did
not tell Mr. Smith that 1 washed for girls of the town.
Mies Bell is supported by her uncle, and lives by needle-
work. I have known her for four years; all the time I have
been in Cambridge. I do not know she has been in the spin-
ning-house. I do not know Betson and Brockwell are women of
the town. Mary Ann Brockwell, I believe, is • married woman.
Her husband is somewhere in London. Miss Bell I knew
lived in the Union, and also at mother time with me. Miss
Batson lived in Norfolk-street with her mother. I don't
remember saying to Mr. Smith that I did not know dirt
the character of these girls was worse than that of other
girls who were walking the town. I did say it. I said I
hed been speaking to Emily Bell, and the proctor said,
" Then I should have taken her too." I was going home
when I was taken. I had been into Trinity-street to tale
some work to Mr. Barnes. Harriet Belson had been at my
house all day, and she accompanied me. I met Brockwell
in Barleigh-etreet. I did not hear Betson say that I had
ed r her to go into the town as the terns waa over. I
of when the terms begin ce end. I passed the
defendant before I got to the @lmmingham., sad when I
plumed him one of the men was by my side. The defendant
went in at the door before I was taken to the spinning.
house. I will swear I was called into the room by the
matron. I did not go in of my own accord, and ask what
business they bad to bring me there.
R.asamined—l heard the proctor distinctly my, "You
must all come to the spinning-house." The defendant saw
the men lay hold of me. I have never had anything im-
Pr going on in my house.
ogily Bell-1 live in Cambridgeplam with m uncle.
He is a marine store dealer. He supports me, and lgo out
to needlework. It is not true that I have ever been put
into the spinning-home. On the 28th of March, about 20
minutes past 9, I was in St. Andrew's-street. Mrs. Cettaway
stopped to talk with me, and M ism Rockwell and Miss Bat-
son went on. The men said they must all go to the spinning-
bow. When Mrs. tLittaway walked paid the spinning-
, home the men went after her, and they took hold of each
shoulder and forced her in. I waited till she came out again.
There were • great many people round. Neither Mrs. Cat-
tawny nor the others heal spoken to any man or done any-
thing improper in my presence.
Chases-examined —I work as a abirtmaker for Mrs. Easton,
but I have marked fur Mrs. Cattaway. I earn Is. Bd. •
week. I buy my clothes out a that. My uncle supports
me, and I pay him nothing. I have lived with my uncle
ever inn I was nine months old. Last October twelve
mouths I was in the union for • mouth. The reason was that
I had a child. Hived also two maths with Mrs. Cattaway.
I badmen Brockwell and Bence before, but I bad no ac-
quaintance with them.
Mr. James—l suppose it is the usual gory, you had •
child and the father deserted you, and you bad to go to the
mien house?
Wit:km—Yes

Mr. OlfalleylThat is your evidence, Mr. James. (A
lutjaHolden—I live with my father and manlier, and
earn my living by 'milling. I wee in Andrew's.ekvet
talking to Emily Bell, and aaw Na. Oattaway taken to the
•pineuerhonee. When she pained the eplaning•house the
men laid hold of her ehmildere and forced her in. The de-
fendant saw whet wee dooe. . . .

Harriet Bshoa—I get ;I; living by taking care of an
Infant._

14. James—You do not mean by that an undergraduate
ander 211 (Laughter.)
sew the defendant and lie MAW nano up. The
M said, "That's Benno and that's Bracknell." The de-
fendant geld, " Who is the warm l" One of the men
rid be did not know, and then Bracewell said, "It is