The Express.
London, England, 1858-08-26 00:00:00

ASSIZR INTALLIGENOIL

WESTERN CIRCUIT.—BaurroL, Avou 25.
(Belay Mr. Baca Wawa and a Spacial Jury.)
A.apo a. 11ASZL17f. _ _ _

olard
In this case, w wee partly yesterday, Mr.
Collier and Mr. Kerslake were mused for the plainftff, and
Mr. Coleridge and Mr. Kingdon for the dehndant.
The didenthat wits the captain of the Undaunted, which
was chartereden from Melbourne to London, end which called
at Calcutta. At Calcutta about 200 wooded soldiers were
tats cm board as parsugere, as well as many °Moms, who
had hem engaged b the fearful struggle In India, and were
model'. home.
The um wee reamed this day, when
Mr. Coleridge arkiressed the jury for the defendant, and
urged that Mr. Krug had ecatested the authority of the cap-
tain, and he must have known that the authority of the cap-
lath once overthrown, the bonds of discipline would bs broken
asunder, and there would be anarchy and confusion on hosed.
The jury would not wonder that in a moment of excetement,
and at a time of ounailerable peril and danger, as he be-
lieved, materially contributed to, not to say provoked by the
plaintiff, himeelf, Captain Franklin vindicated in the person of
the plaintiff, the just and proper authority which it wee ne-
mseary should be poeeeseed by every muter of a chip. The
%plain of the Undaunted had the responsibility of a large ship,
• cargo of enormous value, and between 300 and 400 souls.
Lord Chief Justice Tindall had held that a captain was
justified in excluding from the ship'. table a man
bemuse he annoyed smother end need insulting lan-
guage ; and Lord Ellenbornugh was disposed to go
further, and to hold that a captain was justified in putting a
man in irons for refusing to fight at a time of war. It had
deo been held that a captain had a right to knock men down
end Imprison them to prevent a fight which might oompro-
Wm the safety of his vemel. He should therefore ask the
isto believe that the captain was justified in ordering the
tiff to confine himself to his cabin, and that sa he re-
to do so, he had a right to use physical force to restrain
Lim
_ . . .

ease Freaklin, the defendant, wee celled, and gave
his ecommt of the matter. He stated that he was
apprehm-
sive of a mutiny. He feared that the soldiers wottM take the
part of their akin, and that there would be;i=lis for
mar hand. Whim the ship arrived at Pi
Mtn Hunt summoned him before the magistrates, but
case wan dismissed.
The defendant was cross-examined at great length, with a
view to ascertain what grounds there were foe his apprehend-
ing mutiny. He said he considered that them wee a disposi-
tion to weaken or upset his authority, but admitted that
when Weft* Longdon promised his seristenos he considered
all danger over, sad that he did not imprison the plaintiff till
after that. The witness was farther Interrogated as to his
having threatened to pall Lieut. Armstrong's nom, end to
wrier Cvt. Hunt's, and other angry words to another officer,
and he admitted that hewed them when ins passion.
Philip Bonarins and George Crook, the first and moon.'
stewards of the ship, Mr. Smyth, the first officer, and Mr.
Lansbery, a passenger, were called in corroboration, and all
swore to Captain Hunt, one of the officers on board, having
said, tt Tarn out the hands, and then we will me who
strongest. Mr. Smyth described the porringers es noisy,
sad said they made the ship more like a pothouse than a
quarter deck.
Mr. Coleridge sad Mr. Collier having addressed the jury,
Mr. Hama Watson anntnied up, and
8761 The jury returned a verdict for the plaintiff—damages,
.. _ _

(Special Jury.)
BARAN!? O. THI MIDLAND RAILWAY COMPANY.

Mr. M. Smith, Q.C., end Mr. Klagdon, vows for die
pinetid, and Mr. Ban, Q.C., Mr. Suns, end Mr. Co&ridge
for the defines.

This wu an action by a poor women to remover mummer
tion for Walla she heel received through the alleged negli-
gence of the company's servants.
The plaintiff, Mary Barrett, lived with her husband in one
de row of outages on the verge of the Midland Railway, at
duped& of St. Philips, Bristol, and opposite the cottage Is
a footway agrees the line. It was frequently the ore that
trucks remained on the line, and on such occasions It was the
custom to separate the trucks so as to leave open the footway
for perencers. On the morning of the 10th of January,
ISA MraMerrett bad amnion to go into Bristol on business,
and she we onneing the railway at the path in question
(which was, to fact, the costly udon of a footway which had
tented Wire the railway wee made), and In so doing she
bad to pass through the opening between two lots of trunks.
She saw me re—heard no seem or say signal or warning,
but lemaelleft the trains cloud up sod caught her
I ems beams the buffers of the beau The carriages
the a....sad she got out, and was removed to the Bristol
, when It was foiled that both arms had been
so y es to render immediate amputation neon-
eery above the elbows. She was in the family-way at the
dine, end wee edged in three months afterwards of a
child which seheep aid ; while, to complete her mise-
ries, her hied her. and she had to be removed to
her Meek pew peeple, in Cornwall, on whose bounty she
wasdepeisst. It we, whetted that the action had been
brought deans! the Heim of the vicar of the parish in
which she Need to Oarawelk whetweirekworated:bec dine-
Won and misled bar with am<
Oa the Os WWI" wwww, wallesalswied at
tbs melba Gran *revel the iirmee et the plaintiff,
ad is aelweiver sad *ass IMO alibi to Mare that she
wee ema awl miliot
err Meal leek flar a few minutes, and
that on the imiSt ea wit, she ran forward, and got
knocked dews own Bolt
The jury a medial for the plaintiff—Damages,
4004

TSB POLICE MUMS.

MANSION-HOUSE.

Two IMMO, who have been often in custody for soliciting
charity through the City, were brought before the Lord
Mayor op= the charge at having pushed their " trade " in a
moat prereering maser la the large thor=a7s am well
the as in sans passages near the Royal It
7-Pellarra amid—Betwma 3 sad 4 o'clock eatabeggl
saw Omit (ono el the thisdants) ea
Aber a llaw saccesstal repsrlaments be went to the owner of
Lorgarsg-atreet, and mat two ether Lasers, with whom be
ecesuariested. They soon asperatmd, sad I followed Crake,
who rated into •• respermble oyster shop, and bed bread
and ohms and beer those, and then went into a deer shop.
(A langh.) I took him into caMody, and I found 6d. in his
=bat I em sure that he had got much more mossy in
The Legg Mayor—No doubt of that at all. Those who
do the bedew of beg= are in the habit of meeting by
=reldnissortheyol 011.12111111, and handing over to
that if they did not dia.
berth= thimmithe 1117114,....w7mge1ie that office for them.
The Tellsiera—M to minors past 6 I saw the other
la
is anapway with four other lowan
la We NO sod went into a herrn la
, sad there. I Mowed him to several
ethorinj:ess, end sow log of every well-dressed person
he sod at rot I look bibs has ertody. We know that
INK this desorlylks get a peat der ot money In the
tare of the
The Lord MaCityyor—l have mortared that they tarry on a
mat mamemseflil trade in the City, and their wretched appear-
ma Is wet rekekted to deck the ocooperka of the oars-
The delta We NMI sot get a IMF to go boats in,
M mime ~ to beg to wee no Mee sir maim.
The Led Mger—Ne, bat ythe ea ld rather quietly
bare mad live osedmelelly Arm ppit
ywouy of the public than gbego
beam and work. T dew beak dyes, sa well as I know,
the elanses in the Migglag Lot by which you ere
teemplstely proteste=4 seri Or eireas, met =
tailnetice, bat la et&arbo pmakampliesis
deathly►
supply*: the annines imprlser 'oho= our
streets with the mess ad entrisMag the system. It
is itoporible to go *bag witheat hag Whited by
multitude. el adz trod that than who raid the
onwrimpoleZ their loads in every
sme or mkt de dodder this pat evil.
The help wee en boss* ellhedsd, sad ear card will
pat ea le sa al war booms iseasehle.
Om el Zs piles Irgestese MI ihe diesedues glues
Itie to the
braeorzsos et freer mods lord-
ship to tie lei beersiesssa ao doubt
If the aid by Ye lords* theig ic weregivos,
the ahmkges deal be very sets Mt oelmowledgod by
ass el bream Y the Caw.
Ter Loot Mayer—Ths mime to wish I sands treats of
mile/ to dialllate Less" sad is as hews •—" Med. It
shall be the dery td rem East India Company to tsks chirp
al awl seed Memer otherales provide tar, a persona brag
Lass" er is.. althea al the teoltories der Me were.
arid errata
pi eszeay who de bead dealt*. fa the
%Med If any sari paean le Mimed end
esWiedsizardissmi otersess, et ether meow sd.
samillitel;" IsaTo byt ths p or, nob "leggsr diegV•11,1101;
rim adios timed fa wadi to Ur of
the Cartel Moth= el the Li UdesOeraatB.ll:6642-d,
foie eo bz es predicate, de pialsehes; the
Zed Lae Cheeped, AM meet le the add
median m eller p eat or the lemma ortte=
easpap a males dully atpmeded by the in ethering
relarblog snob deritate prom rear the tier at which
oesh dassai sat or °amides gives."
The dekerkais, who showed try venom modem and se.
lakes that they ham ail shoat the stir
_, hen odd lie/ V
hls wield Ist Sem go he aril mover sOW
feces sada la Ms wadi.
The Lard Mayer, lower, mot thin eV add as raper
filmdom dm ether to the antheeries el the aka, who
will forked& commudeate with the Zed ladle Ompeo
wren, ea the widest or disk imeedide degertare from
this casatry.
11911•STRBET.
_ . _

Orrherior orrosio,virl nadir 16 years at age, vas antra
ekk them ke., le
awswat7ilitir pres== Murphy.
The ea oid mom, who did sot look meth
statelltetebe lived et 2, Neer-elnet, Bt. Oilee's, Ned
wee the v& rid • labouring ewe, maned Jew Marphz,orlto
dealt ilk sad who we et e the pewee ststriaela
flia kw, or she mead be wertarred," as 71.1..7a
M el= its ems beak The prisoner lied as • mesa& is
the km& Oa Ois lOk of August, tie (preeleatrk)
Ltd Ma *Wing flesewskog with acme frivolo, sod
a day deka die ewe haws the wane kw liquor.
swag
dews Awl end he skip. Ike always eared bar swag fa a
lb• Obi. el wile as won ler as& t
the das Wm dee MI does in bad ba
th. bag • pantAe
wedisibt 18 moralps, • U. sots, dm 1 0 ll'. (so. for