The Express.
London, England, 1866-11-06 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF QUEEN'S BENCH.
sop in Beneo—(Before the Lord Chief Justice and
Justices Mellor, She., end Lush.)

Low Oulu -BARON.
ptke atooi of the court this morning, Sir 'litany
las Dowirappointed Lord Chief Boron of the Court
rsequer, took the oath of supremacy and allegianoe
appoialmeart, and subscribed to the roll of the mark
0 WOODFORD e. IV WHIT. . .

was an action of trespass, fa/se imprisonment, and
_,„,jjcitas prosecution relative to a sack of oats that was
...lift's) the defendant's Art. The ease was that tried
'Lig Mr. Justice Mellor, when the jury was discharged,
-boalf able to agree to a verdict, and secondly before
it. lona
off Shoe, in the Bail urt, when re-
s verdict for the plaintiff,Co damages 101. the jury
ne Bon. Mr. Theeiger moved for a rule nisi on lows
forted to show muse why the verdict should not be set
was red a aonsuit entered, or why the verdict should not
kjs the defendant on the grounds of misdirection in the
„..1 trap not having told the jury that the defendant
and probable cause for giving the plaintiff
;goody ; and also that the verdict was against the
eniog's•
gab granted.
oiLim AND MIL 0. TIDE LONDON GINMELL OMNIBUS
COMPANY. .

NI was ca action for negligence tried at Warbninster
Ito Justice Lush,whan t jury returned • verdict for
tiff-dammisages, 2501. In Deoemberlast the plaintiffs
cis sad a female friend alighted from an omnibus in the
rere-rescl. The conductor having been told to stop
them down at Mitford-place, bad the omnibus
bas up on that side of the road. The defendant's omni-
boss coming along at the time, and thinking there was
m attempted to per on the near side of the other Omni-
* sad in doing so knocked the plaintiff's wife clown, and
Mis said the two wheels went over her arm, severely
basting and injuring it, but not breaking it.
gr. Giffard, Q.C., moved for • rule nisi, calling upon
*plaintiff to show cause why the verdict should not
t, at aside and a new trial had on the ground that the
Mat was against the weight of evidence.
Bila granted.
wal other motions of new trials were made relative
ti assignments, commissions, do.

COURT OF EXCHEQUER,
gee in Banco.—(Before the Lord Chief Baron, and
Barons Martin, Channel', and Pigott.)
WARBURTON V. GEtRAT WILBTZRN RATLWAT COMPANY.
5. plaintiff was a porter in the service of the London
Korth Western Railway Company at the Victoria
sumo, Manchester, and he brought the action for bodily
boils sustained in consequence of the negligence of
g, engine-driver employed by the defendants. The
trol time on before Mr. Baron Martin, at Manchester
eke the jury found a verdict for the plaintiff damaged;

154
dr. Brett, Q.C., now moved for a new trial on the
wad of misdirection by the learned judge. The Victoria
tom belonged to the London and North Western
grapey, but the defendants were allowed to use it, and
Mile their trains were there they were worked under the
psim rules of the former company. It appeared that
irlde the plaintiff was carrying some water for thepurwse
011hing a carriage, a Great Western engine, driven by a
omit of the defendants, came along and crushed him
,post the buffer of another carnage. The question now
al whether the plaintiff and driver were fellow-
snots, in one common employment, in the sense of the
stborities in cases of this description.
Mr. Baron Martin—l held that the rule as to fellow-
errata did not apply in this instance.
Yr. Brett contended that the learned judge ought to
We directed a verdict for the defendant, or left the
potion as to whether the men were fellow servants to
6e jury, instead of telling them that they did not stand
• that relation. The real test was, not whether they were
one common employment, or whether they were
pal by one waster, but whether they were
sorting under the superintendence and control of
of authority. In this case the servants of the defen-
•ata when in the station were under the control of the
min manager in the service of the London and North
l'atem Company.
The Lord Chief Baron, after some consultation with his
'rimed brethren, said the court would consider the point
'stare granting or refusing a rule.
MIDDLESEX SESSIONS.

(THIS DAY.)

(Before Mr. W. H. Bodkin, Assistant Judge.)
• REPF.NTANT OFFENDZIL
Mast Robertson, 19, collector, was indicted for embes-
tiag the sum of 21., received by him for and on account of
herd Charles Cornish, his master. There was a second
Hictment gainat him for stealing the sum of fol. 70., the
busies of Edward Charles Cornish, his master.
The prosecutor is a bookseller, carrying on business at
Ns 297, High liolboro, and the prisoner was a collector
h his service, and on the 13th of October he received
ha his master the sum of 81. to pay an account that was
he for some books, but instead of paying the whole bill,
I only paid 21. 134., and absconded with the rest. Previous
a this on the 21 of October the prisoner went to a
perm named Lewis John Murray, of No. 4, Sta-
moan' Hall-court, and said he wanted 21. to finish
is collection. Knowing him to be • collector in
the employ of Mr. Cornish, he gave him the 21., but he
afterwards ascertained that the sum had not been paid
omby the prisoner to his master, but he had absconded
rith that and other moneys.
Ellis Crisp, superintendent of police at Stafford, said on
tie Nth of October the prisoner entered his office, and
Maths, he had committed a crime in London, and he
tined to give himself up. He cautioned him that what
he said would be taken down in writing, and
*tin used against him in evidence. He then said that
gat three weeks ago he was in the employ of Messrs.
famish and Sons, of No. 297, High Holborn, as collec-
ta. that he was entrusted with 71. 10s. to psy for some
kaki, but bad absconded and spent the money, and he
rated to eve himself up.
The jury found the prisoner Guilty.
Tie Assistant Judge sentenced him to be imprisoned
coed kept to hard labour for six months.

THE POLICE COURTS.
(THIS DAY.)

BOW-STREET.
DALITG EMMA' AY ROBBERY IN LEATHIR-LANR.
rivo4as Jenkins was brought up on remand charged with
titling a gold watch and chain. -

limes IfiiimiellriepoTed--E; watch and chain produced I I
ace my property. Host them on Sunday evening, 28th '
eetober. I was passing along Leather-lane when the pri- I
sun sad three other men came up, and the prisoner
lulled against me. The prisoner snatched my watch from
of locket, and the guard from my waistcoat button-hole,
44 ran away with them. I turned to run after
his, but could not catch him. The others ran
nay with him. Afterwards I saw a report in the
Nile that a man had been taken in custody by Sergeant
Achill Ind policenian Dowdell, on suspicion of stealing a
!nub and chain, so I called at the station-house, and gave
tsformation. lam quits sure the prisoner is the man.
lit will be remembered that the officers found the pri-
town in a public-house, exhibiting the watch and chitin
10 mother man. The chain had at that time been
iltuched from the watch, and a silver one substituted.)
The Prisoner cross-examined the prosecutor on the ques-
bm of identity, and particularly as to whether he was
sober enough to remember the features of the thief ?
The prosecutor admitted that he was not quite sober,
_ ,4'Thil been drinking with some women, who, he believed,
,""hvgged him ; hut added " I was not so drunk but
Hut I knew you again."
Tile prisoner said the prosecutor was mistaken. He knew
lettug shout the robbery. He bought the watch of
mother man.
Hs was committed for trial.
CLERKENWELL.
GROsS STREET onrminE.
.IVilliest Sparn,,, Camixr, aged 16, a bookbinder, of 3,
!lsott'scottages, Nelsomplaee, St. Luke's, was charged
nh committing a gross outrage on Miss Mary Ann
'4,1e11, of 31., Northampton-square, ClerkenwelL
Hr Wakeling defended.
The complainant was quietly walking along the street
Aim the defendant went behind her, and without saying
'word put his arms round her and assaulted her in a very
miasma manner. The complainant, who was near her
Nadeate, ran in and told her landlord of what had m-
ound, and he gave chase to the defendant, who, when he
ni accused of the charge, denied it, and was given into
mitc(ll. The defendant's friends were stated to be re-
Reelable and the defendant's character was good.
„Ht. D'Hyncourt ordered the defendant to pay a fine of
• Ills, or in default of payment one month's hard labour
the House of Correction.

- -
The late fire at Quebec is said to have originated
a drinking saloon, where some men, quarrelling over •
:odtable, upset a lamp, and the oil, running over the
At, set fire to the house, the flames spreading with great
'4„„,."117 among the wooden houses in the neighbourhood.
he
great extent of surface burnt over is attributed to
4,e neglect of the authorities in not providing an adequate
4Pell of water, or in any way attempting to relieve their
IPmed condition. The insurance companies long since
kv the danger, and the foreign ones have been steadily
Hoeing the number of their risks and increasing the rates
4 Inemium, until risks which were taken at ss. in MI:41-
!',l were charged 12s. exl. in Quebec. The city autho-
3,es have already been condemned for their neglect at •
tkblic meeting of the citizens. The condition of the suf-
b'ft—ove.,
._ r 20,000 people having been made homeless—is
"Al in the extreme, and, owing to the stagnatina et
sass and the near approach of winter, many of them
Ai, despair.