The Express.
London, England, 1858-04-02 00:00:00

.ASSIZE INTELLIGENCE.

HOME CIRCUIT.-I(mosrox, APRIL 1.
(Before Mr. Justice Erie and a Special Jury.)

WITEIIIII V. THE OHEA? NOETHIRN AA ILWAT CO 31- ?ANT.

This was an action to recover damages for Injuries sus-
tained by the plaintiff while travelling upon the above rail-
way, in consequence, as was alleged, of the negligence of
the defendants.

Mr. B. James, Q C., Mr. Bevil', Q.C., and Mr. Baddeley,
were for the plaintiff ; Mr. Hawkins, Mr, Rocbfort Clarke,
and Mr. Honeyman, were fur the company.
The point involved in this cause was a rather different one
to those usually in question in actions of this description.
The accident that was the subject of inquiry occurred on the
13th of August, 1867, when, it appeared, there was a terrific
thunder-storm, accompanied by torrents of rain. The plaintiff
was a traveller by the mail down train, and upon
its arrival at Newark there was a tremendous flood, the con-
sequence of which was that the embankment of the railway
was to a certain extent washed away, the train fell In, and
the plaintiff received very serious injuries—indeed so serious,
that it was doubtful whether he would not suffer from them
to the end of :his existence. It was contended on behalf of
the company that there was no negligence on their part to
render them liable for the consequences of the accident, end
that it was purely owing to the sudden flood, over which they
had no control.

The inriniturned • verdict for the plaintiff—dsm•ges
1,6001., some points of law being reserved for further con-
sideration.

Ithiebeen arranged that the business of the amain shall
be adjourned until Monday next at ten o'clock.

WESTERN ClRCUlT.—Dsvizes, APRIL 1.
The commission wu opened here last night, and busineee
commenced this morning at 10 o'clock. The calendar con-
tains the names of 31 prisoners, but only one special jor7.
case and en undefended action of ejectment on the cud
side.

(Before Mr. Justice Crowder.)
Isaac Hearn was indicted for sending a threatentag letter
to Thomas Bruges, of Semington, to which he plc mid not
guilty.
Mr. Swayze prosecuted.
The letter in question demanded an explanation respecting
some deeds which appeared to have had no existence, and
threatened to kill the Fomenter in the event of such expla•
nation not being forthcoming.
Mr. Kenrick, a surgeon, gave it as his opinion that the
prisoner was insane at the time ; end
The learned judge accordingly directed the jury to return •
verdict of bee Gulley.
He will be confined in • lunatic asylum.
Giles "'oxlips was indicted for the manslaughter of his
mother at Warminster.

Mr. Everett prosecuted ; Mr. Min defended.
The deceased was • market gardener, and the prisoner
was in the habit of taking the produce of her gardens to the
neighbouring markets. On the 31st of October he went to
Bath and on his return had a dispute with his mother re-
aring his wages. He took hold of the deceased, and in
t struggle that ensued she fell to the ground and shortly
afterwards became insensible. A medical man was meat for,
but the poor woman soon expired.
The evidence went to show that the fall was accidental,
and the jury, at the direction of his lordship, Acquitted the
prisoner.
George Marhant was indicted for the manslaughter of Ann
Coombs.

The prisoner was drinking at a public-house with the
husbend of the deceased, and in the course of the evening had
• fight with him. The deceased came up and abused the
scr,:orran,dwskii,eorertrypzijlrewsrucke.hpeir, in. th;rofmace;h:ned.sheoefeolif
the surgeons who examined the body it appeared that the
deceased wsa suffering from disease, and that fall was likely
to cause her death.

The jury the prisoner Not Guilty.
(Before Mr. Justice Willis.)

BRETON V. THE SOUTH WALLS RAILWAY COMPANY.

For the plaintiff, Mr. Collier, Q.C., and Mr. P. A. Smith;
for the defendants, Mr. M. Smith, Q.C., end Mr. Kerslake.
The plaintiff sought to recover the sum of 2,00 W. as com-
pensation for injuries sustained through • °Albion on the
company's .line on the 14th of October Last.
The jar, gem • verdict for the full amount.

NORTHERN CIRCUIT.—LrnarooL, APRIL 1.
81ICOND CIVIL COUST—(Bdon Mr. Baron Martin.)

asniLD 1. SZAUMOST.-ACTION TOR ASSAULT AND

FLUE IMPRISONMENT.

This was an action brought by a young female, order 20
years of age, lately employed as a stewardess on board the
steamer, Titer, trading 'between Hull and Hamburg, against
the captain of the vessel. In April last year the Tiger wee
lying at Hamburg, when the plaintiff, accompanied by two
of the engineers, went out one night to some places of an:l[lW
ment, and did not return on board until after midnight. The
captain was in beds and he had locked the cabin door in such
a way that the plaintiff could not open it, although she had a
key. She contrived, however, to get to her berth through
the window of the emoking•nom. Next morning, according
to the plaintiff's are, the captain abused her for stay ing out
so late, threatened to discharge her, and soon afterwards
came to her and insisted upon her leaving the ship at once.
She declined doing so, believing that her reputation would
be injured, but the captain still insisted, and ultimately callad
the police. The girl refused to go, and the police tied her
hands, and removed her. Her hands were bound so tightly
that the blood started, end they were much injured. Tho
captain told her he should place her on board another vessel,
the Hannon* but she declined to be sent home thus, and
begged to be allowed to remain and return on board the Tiger.
She was removed, however, by the police, and being still ob-
stinate In her refusal to be transferred to the Harmonia, was
taken Snit to the consul's office, end then to gaol. During
her detention by the police she struggled a good deal, and
' was repeatedly struck by the officers. It was for them
assaults end alleged false imprisonment that compensation
was sought by the preprint action. For the defence it was
urged that the plaintiff was insubonlinate, negligent of duty,
and impertinent to the captain; that the assault, complained
of she bad brought upon hermit by her awn violence; and
that, after tolerating her misconduct as long as he could, the
defendant had done all in his power to procure her another
ship, and had actually paid her wages up to the time of her
dissatisfied, and also her passage home. In crosa•examination
the captain admitted that he had indulged in a criminal
intimacy with the plaintiff, though his wife was onboard at the
time. A derument was put in, beings copy of certain pro.ved-
lags end exatninationp taken and made bete.* the Hamburg
authorities, which tended considerably in the captain's favour,
and showed that the plaintiff had acted in a most violent and
outrageous manner, while, on the other hand, the captain
had done all he could to induce her to leave the ship quietly
end go on board another vessel.

After sddreesea from learned counsel and the summing up
of the judge, the jury found a verdict for the plaintiff—
Damages 601.