The Express.
London, England, 1860-12-07 00:00:00

COURT OP COMMON PLZAR.—Dsc. 6.

attlx,p at Nisi Prrt, o Mialiksex.—(Balsras Lord Okist
Justice )Wis sod a Special Jury.)
Ckgior.SY r. TUE r.A.4TOLN COWRIES RAILWAT COMPANT.—
Cyr r...a or ruauximirzirr £GWIT A Wr•T1011.11•11Tili.

111 • ',Water in this case had issei a statioo•maeter in the
ami,li of the t•.sterw Comities Railway. Compsty. He
claimed to recover damages upon the grounds of false im•
mvonment, nialicious prosecution, and wrongful ilisnaiesal
before the cad of the yror, for which he had been *armed.
Another claim was her motley due to him for wages. There
were twelve pleas upon tilt tetOtil, some of which Mirt.led
the imprisonment by alieSiog that the plaintiff h.d•besn
godly of 'l336l'Am...tit, that certain other servant. of
the cumrany h.roig CaOQO7ll the plaintiff
had rrollreva faism 111,,,11141, which led the company to sun
pact him. As t..i the wrongful diamiwal, it V3l pleaded that
be ple•st*K was not ready and willing to remain in the scr-
ewrn of the company at he alleged.
Mr. M. Chambers, Mr. Metcalfe, sad Mr. it assay ap-
peared for the plaintiff . soil Mr. Boyd:, Mr. Serjsant
Untie.... era Mr. Hibtoo for the defeadsnta.
After ;be evidence,

The boel Chief .lu,ti e 'tetra that ha opinias was that,
f the plaistitt hitnealf wee believed. there twos reisauabto
sad pm,bable r.aa for the prveoeuteit , bat that .it open
thip qn,etioa whether there bed been noy false ornpri.,,,eu,et
or err •ottol As to the "pt:sonment AO the
penes. own., the law +spill Justit) the defendant. If they
estahl.-hetl that a felony had been ,oenmithyl by some ;er.
as.d they prose:uteri the pLiiatiff, WO

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THE r

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ground for seeped* that he was the pence. If the jury '
thought that the plaintiff had wilfully and intention-
ally rendered untrue account' in reference to feria °Dru-
m itted by other persons, the plea raising that part of
the defence wank' be wed. The company put forward
five dies of all ernber be lement, and it would ere-
rzedpro
crust if any we of them. The fret charge
re-
ferred to . 19s. 10d, which was received by the plain-
tilt from the company on the 9th March, on account of
extra wages which be had paid out of the company's money.
He Dever put that money back, and he MOOT german account
of that mosey. He admitted that the money came to his
hands, and said that his reasons for doing r be bad done
were. err, because be should have to pay extra money for
the following week, and he required to have money in
hand to do so. It would, however, have been just as mach
money in hie bands whether he put it down in the Look
or not, mid it would just as much have been money available
for the purposes of the office. He said that he did not
enter it because on the following day, if he had done so, he
would have had to take an equivalent sum to pay the
ways. Secondly, the plaintiff said that he kept the
amount hark en amount of errors made in previous tine.
sheet, la the timekeeper Carr ; and, lastly, that he had
kept M beak bemuse of the disbursemeata due to him from
the , the 1121. and the 114/. If these rearms were
net mtliaetaey, the quirks would arise, did the plaintiff
hues the rag beak, intending to apply it to his own use.
U ea, he with" be guilty of emberZet. The second
pat forward by the company referred to the 124.10 d.
aishrtle. 3d. paid by the prisoner on the 12th of Mani
There was no catty of any such mosey paid on that day ;
but Mr. Prior could not my who bad taken that mosey.
lke third charge referred to the account of Mews. Gibbs
and Co., and it was one well worthy of attention. Oa the
9th January Messrs. Gibbs and Co. owed to the railway
company M. 15s. 9d., and the railway company owed to
them 10/. 7s. Id. In the ordinary cause the railway am-
pan would receive the balance, taking the 101. 7a. ld. as
paid. On the 9th January the railway company received
21/. Ba. Bd., and the cheque by which the payment was
made bore the idorsement of the plaintiff. Nothing could
be clearer than to aster paid to Gibbs and Co. 10/. 7.. ld.
and received of Gibe and Co. 24/.84.8d. It never could have
been rightdtlte chuffs ureter to take li. 7s. ld. from the
station terry thil repromet that with that money he lead
paid Meath Gibe sad Co. On the 9th of January noting
at all the wined, bet ea the 6th of January the plaintiff
had put deem leo may of the items out of the debt doe
from Mesas Gibbs and Co. as would make up 1141. 6e. Ild.,
and be had slanged the amount of one of the items from
IL 18s. 3d. into 21. 10s. ed. The plaintiff said be did not
enter the amenat on the 9th of January, because the book
was away, and when the book came back he made the entry '
under the date of the 6th, because there was not mom of
the foot of the pep which bore the date of the 9th of
January. _He (the Ler. d Chief Justioa) thought that it wee .
on the 28th al Jathary that the plaintiff deducted from the
station remits of OM week 101. 7s. ld., and entered in the
book that ha had mid Mean. Gibbs and Co.'s debt of
101. Ta 1L That mosey had therefore been paid twice by
the coutheay. The plaintiff's smooth we, that the
voucher was brought in on the lath of January
and therefore it was entered on that day.
voucher however, ma dated as the 9th of January.
The plaintiff said that he did sot think he noticed this
et., sad thin was a good deal of irregularity in the booth,
which they mode up in the beat way they could under the
eirenathethea. The fourth charge referred to W. 6.. paid
by Meath. Turner and Blewett ; the defendant received it,
nth M nowhere appeared in the books. The fifth charge
mimed to an amount of 211. " paid on," and though the
thugs spa this had bean given up by Mr. Ribton, still
it was the duty of the jury here to form an independent
North upon the matter.
jury retired to consider the matter, and remained
' absent Gel moth for 60 minutes.

Who; they reltnediato court they expressed their opi-
nion that Awe was reasonable pound for the dna impri-
sonment ; bat en to thesawed imprisonment they found
for the plotatiff, and aweatild him 257. damages. They mid
they were of opinion that he was not guilty of felony ; bat
they thought that the defendants were justified in diemins-
ing him from his situation.
Upon the application of the defendants' counsel Ids lord-
ship stayed the execution.