The Express.
London, England, 1867-12-17 00:00:00

COURT OF EXCHEQUER.—Dsc. 16.

Bitting. at Nisi Prius.—(Before Mr. Baron Bramwell and
• Special Jury.)
ELY r. GREAT NORTHERN RAILWAY COMPANY.

This was an action for bodily injuries sustained by a
railway accident. Negligence on the
.part of the defen-
dants was admitted, and the only question was the amount
of damages to which the plaintiff was entitled.
Mr. Coleridge, Q.C., and Mr. Mellor were counsel for
the plaintiff ; Mr. D. Keane, Q.C., and Mr. Lanyon
counsel for the defendants.

-7 ---
The plaintiff, Mr. Talfourd Ely, was one of the assistant
tutors at University College, London. On the 2ud July,
1866, he was a passenger in an express train from London
to Cambridge, which met with en accident near Royston.
The engine and several carriages were thrown over the
embankment, and the plaintiff was severely shaken, but at
the time he did not think he had been much hurt, and he
dined at Peter House, Cambridge, the same evening. A
few days afterwards he felt a pain in his back, and be
gradually became worse. The result was that instead of
being, as he formerly was, a man of more than
average strength and distinguished as • great
walker and cricketer, he suffered from exhaustion and de-
bility, and could only walk with difficulty. The theory
advanced on his behalf was that his spine had been in-
jured or shaken, and that all his symptoms were to be
attributed to that circumstance, but it was not suggested
that he would not ultimately recover. It appeared that
be had been obliged to relinquish the secretaryship to
Hibbert's Trust, for which he received 501. • year, and
could not receive so many private pupils as previously.
His income from his professional avocations was said to be
between 330/. and 300/. a year, but that had been seriously
diminished during his illness, and be had spent a large
sum in trips to the seaside and the lakes in hope of re-
covering his health.
The company had paid 250/. into court, and the defence
really was that that sum was sufficient to compensate the
plaintiff for the injury he had sustained.
Several medical men were called on both sides.
The jury found a verdict for she plaintiff with .5001.
damages in addition to the sum paid into court.

ASSIZE INTELLIGENCE.

NORTHERN CIRCIIIT.—LryzapooL, DEC. 16.

Nisi Paws Courr.—(Before Mr. Justice Mee.)

HYATT r. ME MIDLAND RAILWAY COMPANY.-RAILWAT
COMPENSATION TO A COMMERCIAL TNATELLEB.

In this case the plaintiff, a commercial traveller named
Hyatt, sought damages for personal injury from the Mid-
land Railway Company. The plaintiff was in the employ
of Messrs. R. S. Bewail and Co., wire-rope natant acturen,
of Gateshead, his salary being 1751. per annum, but by
commission his total annual income wasraised to 250/. per
annum. Mr. Hyatt was in the habit of travelling between
Leeds and Bristol, and on the Bth of March last, while in a
secend•class carriage on the defendants' line between
Chesterfield and Sheffield, a collision occurred at Staveley
which severely injured the plaintiff, who was thrown on to
the Hoor of the carriage and rendered insensible. He had
since been put to great expense for medical treatment, was
obliged to reside in the country, and was a widower with
five children. The sole question for the jury was the
amount of damages. A verdict was given for the plaintiff,
who it was said would not be able to work for at least two
years, with damages to the amount of 1,0001.
Bobert Porter,. a labourer, was indicted for the murder of
Thomas Counsel
_ _

The prisoner and the deceased wcre neighbours, their
wives had bad some quarrel, and the prisoner had been so
exasperated in consequence of his wife having been thrown
downstairs, that he burst into Counsel's bedroom, and in-
flicted a deadly wound upon Counsel by striking him on
the back with a ship scraper.
The prisoner was found Guilty of manslaughter ; but
The judge, in passing sentence, said it was an offence
but one degree removed from murder, and he sentenced
the prisoner to transportation for life.

CENTRAL CRIMINAL COURT.

THE CHARGE AGAINST RIR CULLIIIO ZARDLKY.

In this case in which Sir Culling Bardley is charged with
committing bigamy, Mr. Montagu Williams applied for a
postponement of the trial until next session, on the ground
that there had not been sufficient time to prepare the de-
fence, the defendant having only been taken into custody
on Monday last and committed on Tuesday.
Mr. Giffard, Q.C., who appeared on behalf of the prose-
cution, did not oppose the application, and the Recorder
accordingly allowed the case to atand over as requested.
His lordship declined to accede to an application to ad-
mit the defendant to bail.

George Brown 30, described as a shoemaker, pleaded
guilty to stealing • 241 b. chest of tea from one of Pick-
ford's vans. _ .

A police officer stated that he had known the prisoner
as a notorious thief for the hat sixtetm years; and evi-
dence was given to show that he had been repeatedly in
priaon, and had on one occasion been sentenced to tour
years' penal servitude.
The Recorder said it was idle to address any observations
to a man of such a character. The sentence of the court
upon him was seven years' penal servitude.
Jam Cook !licit, 28, clerk, pleaded guilty to an indict-
ment charging him with embezzling and stealing three
orders for the payment respectively of ill. Is. 3d.,
141.55. 81., and 5/. Se. Sd., the property of Julius Augustus
Farwigand another.

The'Reoorder remarked that this was a case in which
the defendant had enjoyed the confidence aids employers,
and been in receipt of a salary which might have pke.d
him beyond temptation. The sentence of the court was
two years imprisonment with bard labour.
Georfre Puce, warehouseman, aged 64, pleaded guilty to
steeling a quantity of tin from his employers, )[:sere.
Warner and Co., brass founders. The prisoner had been
in their employment for tweety years, and there was
reason to suspect that this was nut his first °fleece. He
was sentenced to twelve months' imprisonment with haul
labour.