The Express.
London, England, 1866-12-14 00:00:00

COURT OF COMMON PLEAS.—Dso. 13.
SBOOND COURT.
sittings at NW Prins in London.—(Be
tore Mr. Justice
Willem and a Common Jury.)

LULING V. MAPLIT.
This was an action to recover damages foe very estious
personal injuries suffered by the plaintiff.
Mr. Prentice, Q.C., and Mr. L. Smith apared for the
plaintiff; and Mr. Sereant Parry and Mr. Oay for the de-
lenient.
The plaintiff was a metal burnisher in the employ of
Messrs. Firmin and Co., army accoutrement makers, in
Stanhope-street, Strand, and the defendant let out vans
for hire. He had for some time done business with Meows.
Firmin and Co., and on the 7th August, 1865, the de-
fendant sent two vans to carry Messrs. Firmin and Co.'s
men to their bean-feast, in the neighbourhood of Croydon.
On this occasion the plaintiff was seated upon the roof of
one of the vans, and when this vehicle was going along
Kennington-lane one of the wheels came off, and the
plaintiff was thrown into the road, and his leg was
broken.
The medical evidence was that the fracture was every
severe one. Both bones were broken a little• above the
ankle-joint, and it was, in medical language, compound
coinminnted fracture. The hospital authorities congratu-
lated themselves that they had succeeded in saving the leg,
and the assistant-surron was of opinion that had the plaintiff
not been blessed with a good constitution he must have
lost his leg, and perhaps his life. As it was the plaintiff
wu seven months in the hospital, and his leg was short-
ened about one and • half inch, and would continue so
shortened for life.
The main question in the cause was whether the plain-
tiffs injuries had bean suffered through any fault on the
part of the defendant, and upon this question evidence was
given on both sides.
The plaintiff's case was, that the axle of the van Lehty.
It was one of Collinge's patent axles, an articlewas
very safe so long so it was in good condition. In the
present instance, however, the two caps which were
screwed cn to the see were loose from wear, and this
caused the wheel to become loose, and to jerk against the
pin and break it, and so let the wheel off. The axle itself
was produced in court, and skilled witnesses showed the
s with their fingers,
jury that they could unscrew the cap
whilst with axles in proper condition a wrench was
required to move the caps. Another witness stated that
before the van started he saw the defendant lay hold of
the wheel in question, shake it, and say to the driver,
" You must see to this when you get to Croydon."
The case for the defendant was that his speaking to the
driver was caused by hie seeing a little oil leaking from
the top of the wheel, and that he meant simply
that some more oil was to be put upon it to prevent the
wheel beating. The defendant's course of business was to
employ proper persons to keep his vans in repai
van in
r, they
were thoroughly examined once a year, and the
question had had about 71. spent upon it in the June be-
fore the accident. The defendant had no reason to sup-
pose that there was anything the matter with the wheel,
and it had been out daily for some time before and no in-
timation was given of any fault. Al to the caps, although
they were loose when in court, yet when they were tight-
ened with the wrench, as he showed, they could not be
moved with the fingers. It happened that some sewer
work had been recently done in Kennington-lane, and it
was the wheel sinking into some soft earth that caused a
jerk, and most likely led to the accident, without there
being jury egligence on the part ofthe defendant.
Thefound for the plaintiff, damages 1251.

COURT OF BANKRUPTCY.—DEC. 13.
(Before Mr. Commissioner Goulburn.)
IN RE THE REV. RICHARD LEE.
The bankrupt, described as a clerk in holy orders, was
the rector of Stepney. He owes to unsecured creditors
2,398/. ; to those holding security, 5,300/. ; liabilities on
bills discounted, 1,975/. ; property held by secured credi-
tors, 5,180/. This was the sitting for examination and
discharge.
Mr. Daniel appeared for the assignees ; Mr. Bagley and
Mr. Reed for creditors ; and Mr. R. Griffiths for the
bankrupt.
The bankrupt in examination stated that he had been
nineteen tears rector of Stepney ; his income from that
office was / 001. a year. He kept one curate. His income
was derived from tithe rent-charge. ground rents, pay-
ments from certain dock companies, fees, and some little
money in the funds belonging to him as rector. The living
had been sequestrated, but be was still performing the
duties. In last June he went to Scotland, and was absent
about six weeks. He went there to avoid persecution by
low attorneys. (Laughter.) He meant attorneys who
were acting for his creditors. The sequestration was issued
at the suit of his brother, Mr. John Jackson Lee, who was
the trustee under his marriage settlement, and to whom
he owed 5,0001. for money lent. Had kept no account of
the money advanced him by his brother, which was in dif-
ferent sums.
Mr. Reed—Then how do you know what you owe him?
Bankrupt—llecanse I gave him a warrant of attorney.
air. Hood That would nut tell you what was owing.
Bankrupt—Yes it would, because I should not admit
what was not due.
The Commissioner—l am extremely sorry to see a
clergyman in such a position.
Mr. Griffiths—At the proper time I shall be fully able
to explain the reason of the bankrupt coming here.
Mr. Reed—You swear that that debt is due to your
brother?
Bankrupt—l do.
Mr. Reed—l believe you were endeavouring to carry a
deed of arrangement.
Bankrupt—Yes.
Mr. Reed—Look at that letter, and tell me if it is in
your handwriting.
Bankrupt—lt is.
Mr. Reed—ln that letter you ray, "If the number of
creditors be not sufficient, ask Mr. Moses."
The Commissioner—Who is Mr. Moses?
Mr. Reed—lt is a name we have heard before. (A.
laugh.)
Mr. Griffiths—A name in ancient history. (Laughter.)
Mr. Reed—" If the number of creditors be not suffi-
cient, ask Mr. Moses to create some." (Great laughter.)
The Commissioner—This will be a very proper subject
for inquiry wben the bankrut ses to ass his last exa-
mination, but at present you are p only asking for addi-
tional accounts.
The bankrupt—l hope your Honour will allow me to
explain.
Mr. Reed—The letter goes on—" He knows that we
shall not betray him for our own sakes—to say nothing
of the sentiment of honour." (Laughter.)
The bankrupt—The letter is in my handwriting. It
gested to me that a deed of this kind should be
prepared. When I found that I could uot do it without
dishonesty and f,aud, it was abandoned ; and in conse-
quence I appear in my present humiliating position.
The Commissioner—Very well. We have nothing to do
with this now. It is a sad exhibition altogether. I don't
blame Mr. Reed for bringing the matter forward. You
may take an order for the additional accounts salted for.
It is a sad spectacle. Siuce I sat in this court I never
heard such an exposure.
Adjourned for accounts.