The Express.
London, England, 1856-12-11 00:00:00

Kato Fitelnput&
COURT OF QUERN'S BENCH.—Dic. 10.
ITITUIGF aT NII PlUti at OVILDNALL.-110011111 W 1 C811i261.

CI.IOIIOHM V.

6nA► ►MD
ACCIDI3IT.

ilia union was brought to ?scorer compensation in
damages for an fajta, width the plaintiff alleged he had
sustained in coesequamo of the defective constraction of one
of the defendants' omnibus.

usd Mr. Hawkins were for the
plaintiff; and Mr. B. James for the defendants.
The plaintiff wu a hemp merchant, eaer on Mashies,
in Bdliter stress in partnenklp with Mr. , sad the
defendants represent this General °mikes Oienf• fJn
the 12th of April last the plaintiff MAN moo of
bases in Cheapelde, and took his seat es tie mitelffeb he the
purpose of proceeding to Putney. Hesse at Mr and albs
boat mat, cm the sear side, imam gewillmolia.,_ Win
between him and the driver. Thie
toads on each side about ten Meow the alliffikno,
and is attached to the eller peat bp user of Meer se r
to enable the vehicle to per thesegt any mew Manes.
It appeared that these Mama bed heomme weakened. nut
when the omnibus hod meshed the Crihinlismes, tie
Haymarket, the seat tuiderseath Mr. C suddenly,
and without the slightest warning or apparent reason,
broke off, and he was precipitated to the growaL He was
enabled to get to hie house at Dalstm, WSW 'offered
severely from the shook and bruises he bad oseMeed, was
moaned to his bedroom a fortnight, owl NEM set new
move about without the assistance of easlabaa. !be hersed
corbel (Si. F. Tbesiger) stated that, la oewesqwesso et the
injuries he had sustained, the plaintiff, Weer of grog
backward and forward between his terror as plea r
business, as formerly, by railway, was maspollod to kin a
curiege at considerable expense, that be lei to pay a very
considerable sum for medical surdas" and dot owing to
lib inability to tate the active shoe bit y did to
the businessthe profits of thepeedsasb Watery mach
diminished, cad untended that, node *me deemostances,
be wee entitled to a large mount of damages.
Mr. Cleghors, the plaintiff, who was a tall ami very stout
juntleman, gave an account of the accident. mil of Oho is-
ries *high he bad received. He fell to re geseri Ire a
sack of said, his knee waslaaerated, sad the ensebs M lb
lee and feet braised and weakesed. If he steed Ave
minutes, the pain to hie beck, hips, and knees was so great,
that he most either sit down or fall down.
Croacensinined by Mr. Edwin James—l believe that the
New Omnibus Act allsoce only 16 Mem' for *ash pasesnger.
Don't you think yea and I would well fill up *et space ?
Witness—Yes. But you would not like to fall erns feet.
The gentleman *boost between am and the driver was Mbar
thin, sad seeing I wee Most, he gave me se much ream its
possible. I esunot ear whether say portion of my penes
rested on the iron railing round the end of the rat.
. - - -

_ -
I should have thought you would never ham forgotten
having ridden on a sharp ism rod from Chemapaide to Um
Boycott:lnt. (Laughter.)
behove—l can only my that 1 had pleety of room. I
roessived the But shock of the fall es my right foot. I then
fill upon my knees, and proemial my Mad striking the
ground by throwing oat y Maas. I einalida I had'
very peovidential maga AIM Ha agaident I walked to
Reggae-6mm in Oxford bead the Dobson effuilese.
About 12 months preefouslyi W oallimi ben 'Mend
wee laid tip • day or two. HO 1111111•111 otOminel no an
test imeasioe. I always dealer waif Mr pet.
By Lord Campbell—Them weeM job of the esenibee
whoa the aatidoat happeoed.
Mr. B. Jests said the delcadlecals woo weedy le mosso
to • mhos for 400 L, sad .be gear des wove to
essept theism& This war Ur 11011 Om any lad
warred Am the 'company bed been famed, sad=
wove new aim seedinew ea plea
wesid se 1. esjsesllG seem Ms eddy el the pusespee.
The mans to poles wee ea ell ow, bet helm it went
out la the sweeeiti K wee Isspeslsi by the pollee, whops
nenesed It to be peOs* Ida
14r4 Campbell Anna Mot Ile ease ey had behaved
Y the watt with yin paatc=isey. They bad given the
*hi tt, a sum Mal leas 02•14 r what as Jury
would ham &wended, cad hod ws debt they wield take
presentieee le prime sue esdanes Ydtltuee.
A verdict me the. messed emote, 4001.
*Tan (03.13‘) 0. Iffinilegle.—AotlON Yon men.
The plaiwW.
'Wee nman sibs Dec !Mimi&
hoDrought Ape, • Wei-
of nie et baba. w
In Sal end whir le abolished tics levewhlattet
brought ildo sedan saint ilia yespelster end palibes•
tle Freeralisee Gee roe, le resent empeneades le diaries
far • libel whisk he alleged bad bass pabliehed in that
journal irjarimel affecting bk drarraw. Tie defendant
pleaded shot bepa the ilbeleellbewlsoy soled ..hl..
or pees upset es lbw,. dribs Meowed, tmelele
apology to ihe seise sod bed paid let late emit
se for the ary while he had done le the
Mr. eeejeast nee and snelbse learned mania were
for the plai.titr sod NA it. Chambers fcr the Ashadent.
It appeared hen the epeeist stelenisnt of sommeal that
the plaintiff, vibe had base • elesopose owslyyeess. wen
very fond of prienino poseellei_ owl hid • sibmilien
lei
which • choice shrubs sod pleats. ma .t
hee bye an aviary. la
which he took mat Oman soil ask" and In maw
quince of several of them 'brute and pints. es will as
mime of his birds, dying ender very seepeleos deem.
mance*, he wrote a letter to des dafeudam% parr, and
that letter was inserted on the 23.1 of Angell to As prat
mat year. After expensing an opiate. that 101110 Arabs
sad bird, had died from poison, he is this mornookailan
said, " althoegh from other injuries notainal, tab not dill
✓at for me to ideality by eircarnstaaaa M. perpetrator of
these set', yet, bevies only one pair of eyes to weak sod
!Wnecessarily at time out, it is impala In me 10
s trash seldom' ea would produce a legal goaeladem of
th• offender for the foloalm." H. then madam to Aware%
•151 boao, you will sly do I address you ? Bove the good-
WS to analyse the subject, and inquire If the operation of
Mlles in this way be safe to the cominanity. Consider
whether he who woald destroy a tree—and, if there be suds
• reen, steal into • garden by night to take away the
eta poor little confiding harmless bird—would not, if he
bad an opportucity, a`m at the life of a mu? You will
reply, fear of the law and cowardice would entrain him ;
be it so. Yet, ersasplts of this Mad (a diabolical depravity
aliaart without parallel) ore not calculated to improve CM
public mind. It should be sem that if they who do such
things cannot be discovered In a forme to Wise lows upon
them the doom of the law, they cannot hide thenasolvm from
public indignation. The good Father of tha croatioe, who
regards tae falling of a sparrow, will not fail to register the
dying throbs of these poor unoffendiog creatures, cud,
soon or late beteg retributloa upon their 'outdone'.
But, sir, such a diabolical mode of operation socessefally
followed would not is the end be solitary—lt woald have
lb follower', and the victims beads myself will have loam*
the operation of the villain's hand in their shrubberies
and their aviaries. It is to mark • jaw horror with which a
Christie* public will her a report of them dark deeds that
I have sought your paper a. • vehicle to the public mind,
minvineed that it can never be mom usefully employed than 1
when It defeats the devilish plots of th. analiciem—wreats
the poison from the unman, or tho knife boat the mar. .
deter." At the end of this letter the editor appended •
note eayiag it was Impossible to comeivet a moth's for the
perpetratio• of each acts as were deseribod by the reverend
seatleasen, and esproming a hope that h• would discover
some other cause than that which be had asenUonal to
satisfactorily amount for what. if true, appeared to be •
moat a.yeterions matter. This letter was followed by
soother, signed " Jas. A. F. Barney," which appeared in
the same newspaper on the 30th of August, sad ocatained
the alleged libel. The writer said. My 'steatite has Men
drawn to • latter which appeared in your joaraal of last
week signed by an individual who has upoa more than to.
Gremlin daring • madame in this neighbourhood snared
for himself an tenenvialge notoriety. It is tras my same ie
not mentioned in that letter, bat es Mr. Ayrie has iodustrl
ously circulated around the neighbourhood that I em the
person to whom het allude., I am compelled to reply to it."
B. than described the assertions contained is Mr.
Ayro's epistle so a tissue of falsehoods, and said
that his accasatloas epithet him (the writer) were
.• es false as the heart that conoeived them, and
its foul as the Ups which lad given them atteranee. . .
. . How fa it, I would ask, that the spiritual wads of the
inmates of cur peorhouse aro still administered to by ono
who tea made blase:filo notorious, sad whom, at the lea
meat of my writing this, I know to be fa disreputable sow
may, sad engaged in a not very eddying discourse, of
which the vollilying his ceigliboun forme the obis( part ?
This alone would he sufficient to throw discredit upon what
he say,. But, sir, I have ir.formatios of a stronger Aerie-
mr thee this, with which It woold doubtless be implement
for blot to biome acqualatod. Allow me, in conclusion, to
ask th s simple question :.'hat credit would you or the
pubtz attach to what came flora the pen or fell from the
lips of cne • ho, while holding the sacred of of a minister
of the Gone), could be guilty of Bebbetb breaking,
dniakennesr, debsuchcry, lying and malice, sad whose
frequent leogusge was of a description such es no decent
person would venture to sally his lips with ? lam quits
are that both the public and yourself would feel that all
sash a preen as I have described could say would fall harm-
less on one who had • notorious rectitude within him, and
wh-se chancier was sufficiently established to withstand
the moults of the most med tongue." The eddor
of its FeturAnn Gruel:* istroduced the letter to his
readers by a note eapreesing hie regret that he felt com-
pelled in justice to his comspoodent to imam it, and
adding that, as the journal wee never Intended to be
the medium of softiies personal diffenneee, their letter-
bog would be eland for ever •80104 t sae farther cren-
esunicati,n on the subject from the one sldo or the other.
The plaintiff complained of this litter, and heeling threat-
lentil to •ake legal proceedings upon it, the diefeniset, es the
4th of October, inserted an apcicgy la the parr, withdraw-
ing al secosiolons ?mime Mr. Ape, as fat m be (the de-
ferdact) was pers4naily coacersed, and ezpressieg his
regret that be bad inameatiy been the muse it wounding
that tttt lemon's feelings. The defendant, la aaswer to the
aeti,e, smiled himself of the provision, of the act which
wee passed in 1343 for the protection of the (*Manors of
stswepap,re, earl cemented them from liability when they
proved that they had Not been attested by malice nor bees
guilty of gross neglect, ssd made an ample apology for what
they had written, aid tendered a reasonable sum for the
Injury the party complaining had sustained. The questioas
fir the jury therefore were, whether the dsfesdaut had been
actuated by malice in publishing the alleged libel, and
whether the 101. paid into court with the spllogy was • wadi-
cleat re paratJa for the attack which had bees made cm the
pialat ff's character.
The felkwiee ',ideate was 'ben addocad.
Mr. H.chard Clime Powell, meneslog *lark to Mr.