The Express.
London, England, 1867-09-18 00:00:00

WESTMINSTER.

Mr. Wm. Pannell, a cheesemonger, of 90, King's-road,
Chelsea, w. is summoned by Mr. Inspector Horton, of the
B division, for obstructing the footway with cheese,
butter, &c.
Mr. Abrams appeared for the defendant.
George Coxstead, B, proved the offence. The things
projected 3j feet.
In cross-exatuination,the constable said the pavement was
very wide (22 feet). No one was actually obstructed. The
things were over a grating.
Mr. Abrams contended that there was no obstruction in
law. The pavement was 22 feet wide, and where the
alleged obstruction took place the ground had not been
paved by the pariah, although they had summoned Mr.
Pannell two years ago, and obtained a conviction of the
costa.

Mr. Selfe said he did not care whether any individual
had been obstructed; the public rights had been en-
croached upon. Supposing a man stuck up a stick in a
turnpike road 100 feet wide, although A 11 and C were not
actually obstructed, it was in law an obstruction of the
thoroughfare.
Mr. Abrams said the defendant's neighbours did it as
well as be did, and requested an adjournment in order
that Mr. Selfe should visit the spot to see for himself.
A summons taken out against Mr. James Walker, a
neighbouring fishmonger, for trespassing four and a half
feet on the footway with herrings, oysters, ducks, chickens
Ito. was also gone into and proved by the same constable.
Mr. Horton said all the ground trespassed upon be-
longed to the public.
The summonses were adjourned till Monday.
LAMBETH.

Thomas Green, a muter wheelwright at Lower Nor-
wood, was summoned by a journeyman wheelwright,
named Clay, for 91. wages. Both parties appeared before
Mr. Partridge, the magistrate, and he expressed an opinion
that as the summons was for wages he had no power to
adjudicate, as under the new Master and Servant Act the
jurisdiction of magistrates was removed.
The complainant suggested that wages were always
settled in this court, and he wished his case to be heard.
Mr. Partridge said he had no power to hear it. He had
consulted • brother magistrate, and be concurred with
him that the remedy for wages was taken away, and that
the parties must go to the county court.
A person present suggested to Mr. Kingsmill, the clerk,
that the new act was only permissive, and that there was
no express provision to repeal the former statutes. It was
only for • limited period.
Mr. Partridge dissented from such a view. In the first
section the provisions were substituted for the enactments
which would have applied had this act not been passed,
and the remedy for a contract of service for which the
defendant was summoned was now in the county court. It
was probably en oversight to send journeymen to the county
courts, but such in his opinion was the meaning of the
act. One of the objects intended was no doubt to prevent
men being sent to prison, as they formerly could. There
was a good deal of ambiguity about theact, and it would
probrbly be further discussed. But at present his opinion
was (and another magistrate took the same view of the
matter), that he had no power to entertain a sum-
mons for wages.
The complainant wished the matter to be settled.
The magistrate declined to interfere. Suppose he was
to make an order of payment. and it was not obeyed, and
he was to order a distress warrant, he might have an
action brought against him. He must decline to hear the
CM. . . . .

The complainant asked what he Will to do.
Mr. Partridge—Yon can go to the county court.
The IMIIIII.IOIIII wee dismissed, and the Ice returned.
THAI IS.
- -

John Simi nberg, a German sailor, aged 4:1 years, was
brought before Mr. Benson, charged with cutting
wounding Charles Richard Doyle, his shipmate, on bo
the New York packet ship Rhine.
The prisoner is a most extraordinary, stern-looking
fellow, and stood with his arms folded over his breast in
one fixed attitude during the whole investigation, and
never spoke a word. A short time before the Rhine left
New York for England the prisoner was released from
prison, where he had been confined six monthly for assault-
ing and wounding a man. Ou Tuesday, at 12 o'clock, the
crew of the Rhine were having dinner in the forecastle,
and Doyle asked the prisoner, " Is all the dinner here!"
The prisoner made no answer. Doyle pushed him with
his foot and said, "You won't give any one • civil
answer." The prisoner rose from his seat, walked across
the deck,. followed by Doyle, who asked him again why he
did not give him a civil answer. The prisoneriminediately
struck the prosecutor on the neck with his knife, innict-
ing a serious wound. The wounded man fell to the deck,
and was afterwards carried to the airgery of Mr. David
Ross, surgeon, No. 175, High-street, Sbadwell, where
his wound was dressed. An assistant to Dr. Ross de-
scribed the wound, which be said was • drawn cut five
inches long, and half en inch in depth, at the back of the
neck.

In answer to Mr. Benson, the prosecutor said the prisoner
aimed at his throat, but he dodged him, and received the
blow on the neck.

Mr. Benson committed the prisoner for trial.
John Irony, an Irish labourer, was charged with assault-
ing Mr. Joseph Hughes, an accountant, hying at larken-
heed, in Cheshire.
The complainant, whose face was marked, said he was
passing along Grundy-street, I'oplar, in company with
two friends, when the prisoner, without the least pro-
vocation, struck him a heavy blow on the face with the
fist.

Mr. Denson—And marked your facie in the way I now
aee
.!

Mr. Hughes—Yes, sir.
The prisoner said he was very sorry. He did not know
why be struck tho gentleman. He was drunk.
Mr. Hughes was recalled, and said the prisoner was quite
sober.

Mr. Beason—A most wanton assault ; quite unprovoked.
I fine the prisoner se.
Captain Matthew Irvin, the master of the ship Balms-
marts, was brought before Mr. Benson, charged with
the wilful murder of Joseph Heck, a seaman.
Mr. Pelham defended the prisoner.
Inspector Alston, of the Thames police, stated that in
consequence of information be arrested the prisoner that
day, and told him he was charged with assaulting Joseph
Heck, on board the ship BAlantana, on the 7th of July
last, and causing him to jump overboard. The prisoner