The Express.
London, England, 1867-01-23 00:00:00

COURT OF COMMON PLEAS.-JAL 22.

Sittings at Nisi Prins in Middlesex.—(Lefore Mr. Justice
Lyles and a Common Jury.)
BURTON r. LOW.

This was an action to mover damages for a trearwss
upon the plaintiff's dwelling-house, for an assault, and for
slander.

Mr. Littler appeared for the plaintiff ; and Mr. Dude
Ritthy tot. theddendant.

The plaintiff had been secretary to Baker's Patent
Machinery Company, and he rentedabomm in Mt. Thomas-
Street, Islington. A port of the house was sub-let to a Mr.
Kimberley. and negotiations took place between the plain-
tiff, Mr. Kimberley, and the defendant, who is a Hunga-
rian, in reference to the latter discounting two bills of 24/.
each for Mr. Baker. These being the preliminary drawn.
Stances the plaintiff's account of what took place on the
Ist November last was this. A little after 9in the evening
be was standing at his door, about to go out, but halting,
in doubt whether to take his umbrella or not. He was on
the top step of three or four which led to the door, when
the defendant walked up and put his hoe close to the
plaintiff's. The plaintiff said, " 'What do you want!" and
the defendant's reply was ;" I want Mr. Kimberley, this
is Kimberley's house." The plaintiff said, " I beg your
pardon, it is not." The defendant tried to push past into
the house, and the plaintiff said, " I can't allow this," and
eletedr. Thule dwelt? as
little
cflcrrhoadolorxesaind
possible
theresid ~sh.euret thee
marks there now.

Mr. Justice Ryles—Never mind, the door can't feel you
know. (A laugh.)
Witness believed that one of the blows which the door
received was intended for himself. After the door was
shut, the defendant called " Murder " many times, and in
five minutes there was a mob of 30 or 40 persons. He also
said, " They are a lot of swindlers in this house." The
plaintiff went to the door and said, " Mr. Lowe, if you
will cork in as a gentleman, I will meet you as a gentle-
man," but the defendant said " I have got a lot of money
in my pocket, and I won't come in for fear you will mur-
der me. He also said that the plaintiff had attempted
to swindle him out of 501. The disturbance continued for
half an hour, when the plaintiff went to Sam Coll:us'
Music Hall, where he found Mr. Kimberley. Soon after
the defendant came in and rushed at Kimberley, and add
he would give him in charge, but after sonic conversation
they ad down and were friendly. The plain-
tiff threatened the defendant with legal proceed-
ings unless he made an apology. The defendant
laughed and said be could get cheap law and
he did not mind introducing the plaintiff to a cheap
lawyer. (Laughter.) He also said that he hail some
cigars which he had imported, the beat that ever were
brought over here, and be offered one to the plaintiff,
who took it and smoked it, saying, however, th-t this
should not prejudice the case, and that he would hove an
apology. He continued pressing for the apology, and the
last thing that the defendant said was that he would go
down on his beaded knees to the plaintiff's wife and
daughter, who were present, and apologist —ilaughtcr)—
but lie never did so.
Crows-examined—lt was not a condition of the apology
that the defendant should go down on his bcnded knees ;
he volunteered it. (A laugh.)
Mr. Rigby—lt was whilst you were gently removing
‘ him that the defendant called Murder." _ _

Witness—lt was during the operation and afterwards.
(Laughter.) He cried "Murder" twenty times. Witness did
not hear the ladies ask the defendant home to supper.
Three other witnesses were called in proof of the plain-
tiff's ease.

Mr. Itighy called no witnesses for the defendant, but
characterised the action as one of a trumpery and ridicu-
lous kind, and submitted that the trespass and assault
were merely noi ' al, and that the plaintiff's character
had not suffered in tho slightest degree from the slander.
He added that he hoped that the jury would agree with
him that the smallest possible amount was a sufficient sum
to repnvent the plaintiff's damages.
lie. Justice Bylea told the jury that the plaintiff was
entitled to a verdict upon all the counts, but the amount
was altogether within their discretion. For his own part,
however, he could not but think that it would have been
better for all parties if the matter hail ended in the smoke
of the cigar. (Laughter.)
The jury found for the plaintiff—damages, 40s.

COURT OF EXCHEQUER.-JAN. 22.

Sittings in Banco.—(Before the Lord Chief Baron and
Barons Marinell and Pigott.)
BC?LZC r. KNIGHT.

Thia WAS an action by a young lady whoa. parent, re-
sided at Tamworth, against a solicitor in that town, to
recover damages for negligence in compromising an action,
and was tried at Stafford, before Mr. Justice Keating,
when the jury found a verdict in favour of the plaintiff. A
rule w. salsrequently obtained to set aside the verdict
and enter a nonsuit, or for a new trial, and it now came
on for argument.
Mr. J. J. Powell, Q.C., and Mr. C. Brown showed
mule against the rule ; and Mr. Haddleston, q.c., and
Mr. Mar:earners iu support of it.
It aplear,d that the plaintiff brought an action for
breach of promise of marriage against a surgeon named
Rough, at Bingley, in Yorkshire, and received a verdict
for 300 f. Afterwards Mr. Knight, the defendant in this
action, who was her attorney, accepted 100 f. from Rough's
brother, in settlement of the action, the latter represt nt-
ing that if the plaintiff proceeded to extremities the
defendant hough would have to go through the
Bankruptcy Court. Ho bad actually filed a petition, but
it was subsequently withdrawn. The plaintiff then
brought an action against Mr. Knight on the ground that
the compromise was not only without her authority, but
against her positive instructions, and the jury, as above
stated, found a verdict for her, with 3001. damages, which
were to be reduced to 501. provided she could still enforce
the judgineat which she bad obtained in her first action
against Rough. On the part of the defendant it was con-
tended that his authority to set for the plaintiff ceased
when he obtained judgment against Rough, that the rela-
tion of attorney and client then ceased between then], ond