The Express.
London, England, 1861-11-06 00:00:00

4'N'RT OF EXCIIEQI'EIt.

sitting, in 1t.n.,..—(1k1.wr the Lunt (lief Baru° and
Barns. licaniarell, Chasmll, and Willa.)
TIIE REV. MK. HATCH'S CAME.

T II T. LLWII .131 D Orllllll+. -rat man or THE t t•f..-

Jt MICR.

Tlio woe so action brought by the plaintiff to Teeny',
11111/Vel for the segligewee of t►e ilifinulaata, Silvio+. Lewis
and Lewis, of Llrphies, as his attorneys, in cooducturi
his defence ow a indictment preferred against him at
the Criaideal Court for Marietta, assaults on
two youria girls, named Plummer, who bad been mottled to
the pluntitl•s care, while be was fang the office of chap.
lain to the Wandsworth Cool. At the tn il before the
Lord Chief Mon the jury found a verdict for the plaintiff,
with NM. d inviges. An appliratioo w.m then made to the
learned jute, to certify f..r coatis, awl uu h,• refuval a nde
was moved for, awl ',braised, by Mr. Chamber% on balmff
of the plaintiff. to soalle the plaintiff to recover the cosh
of the action.

Slooday Mr. Serjeont shoe, Mr. Lush, and Ms. Meek,
on behalf of the defecilLints, showed came agaieet the rule ;
awl Mr. Chambers was heard in support, when the mimesis
were adjoaroesl to this d..v.
Mr. Earth DOw followed ou the rune side, and rid be
sh.,uld apply himself to the two objectiom made by his
learn•' (needs, that this application was an appeal from the
decision of the Lord Chief 'Lira); and that the applicatiou
WWI too late.

The Lord Chief Hama—You may relieve yourself from
the roe or the other.

Mr. Garth proceeded to my that Mr. Serkeint Shoe
had urged that this action should not have been brought at
all ; not that it should not have been brought in the
superior courts. Mr. Hatch had brought his action for •
much larger ■um, but he had only recovered 405., a•d
that viaduct had been confirmed by their lordship.
But • judge waa nut entitled to say from say motive or
caprice that such an action should not have been brought,
and such could not be the construction of the statute.
Mr. Baron Wilde —You say that every action that will
lie is fit to be brought.
Mr. Garth—Yee. my lord.

Mr. Beres WI Buller's Legislature spud(' of some
actious which are not fit to be brought.
Mr. Garth—lo the superior courts.
_ __ _

The Lord thief Baron-'hero are circumstances which
might confer a legal right, but on which it would be dia.
graceful to bring an action. I do not apply the observe.
tica to this as.., but it is one of the blessings of this coun-
try that a jury will sometimes do that justice at which a
judge might hesitate.
Mr. Garth submitltcd that the legislature Dever in-
tended that the judge sitonkl have the power of deciding
that, although a man was 'staled to 4th., be was not en-
titled to bring his adios. This wee cert•ialy an action
which should ban bees brought iu the superior gouda It
bad occupied three or four days, and the Lord Met
Batas had t•ke• four hours to sum up, which
was a test of its importance. Mr. Lewis had
made it • special jury CM. and if Mr. Hatch had
proceeded in the County Court, the defendants would cer-
tainly have removed it by certiorari to this court, and there
was not o•e of their lordship who would have refused it.
He submitted that the action was one which the plaintiff
wen entitled to bring in the superior courts, and that their
lordships should tease the rule for the costa of the trial
absolute.

Mr. Baron Bramwell, in delivering judgment, said he
was of opinion the rule ought to be discharged. It masted
that the plaintiff had recovered a verdict of 401. against the
defeadeata, who were his anomie for negligence, end the
pneent application was made under the 24th sec. of the
11l and 24 Vie., c. 126, on the ironed that there was
sufficient MOM for triaging the action in the meet
in which it had been brought. An appliance had
previously been made to the Lail Chief Heron wider
the 11th sec. of the 13 sod 14 Vie., e. 61. which enabled the
lodge who tried the muse to certify for code, and it was
under the same state of circumstances that it MA before
the full court after the refusal el the Lord Chief Bares to
certify, so it was practically an appeal from hie docn,
although it TM not legally so, and it was therefore mem
patent to the parties to make it. He thought that slthough
the legislature gave them the power it was never kneaded
that thy should swam it ou a matter such as this, and
which was use be would not maT of dim ratios, but of ea-
se.. It could weer have been intended that there should
have been an appeal front the judge who tried the cease, aml
who bad the bed opportunities, and was the most teen.
patent person, to decide the question. The legislature
sever mutinied that time and expense should be
wasted, as the. roust be. if such appeals were allowed. If
so, the plaintiff might have gone sot to this court, hat to
thy single judo at chambers, sad asked for a writhed,
for meta. He considered this was ad a came in which they
should Madam Section 4 of the act applied to all idiom,
sad he eolith well coomive tams in which as appliance
ensh en this might be properly made, to cases,
far WWI*, wens, Übe action was sot tried, or where
all the bee had am come before the judge, sad he
should my, " 1 ant of opisioe is paid of law them was no
soffickot reason." It would he to his Wad meet improper
if they reclined the decision of the judge at aid prium ea
matter of opinion, end it appeared to Ye that though they
had practically the power Amy should not in
eases of this hied mere. it. It was mid that the
plaintiff brought kis miles me duly for compendia', bet
is vindication of hie thsearbse, but the deteedaate might
fairly my, •• Your themeter is miens to as—the (sly
gaieties is is then mama rases fir bringing the adios."
For theme masons he thought the tale sheath ke dinierged.
Mr. Bum Chased] mains. Berea WS& filly maserred. '
Tic Lod Chief Baran-1 have sketaned fns *dun PAP
meet is the ems oath my leveed brothels had delivered
their opiates, betanse• although sot teeheisally„ it is sub.
Matially, as appeal from my decides. I am sunnily of
the name °auks, 1 have already erpreemed, and I
think it would he often charm= and always aim
&loons if we came to any rthee emetheice Them is'
net a mingle argument which km ken used la
=Lof this role, which would not lave hem jest me
e sod equally forcible if the esetwered had
bee, sot Ili., but one Adis( or one Mr. Gesth's
argument I. that if • as has a right to a he bee
a right to recover it in the Coed of Ezeberpter at ma
impetus of any hoadred amok I own that this
q years to be so
sods w all seam dealnia that
ib IMMO be the role ender whisk Jed's' th emit
the powers conferred en them by act a
It is right arm that I should diatioctly state rears.
for my amine. The adios was brought foe negligence
is two igweede—the lest been for aegligence is the
eandad of the plaintiff's can before the inserted&
I staged in emmaing up, and I now date, that
oa the *Admen Woe the magistrate, he, in my
judgment, had arAking else left bat to commit
Mr. Hatch for Yfsl. t was not for he. to decide
whether the witames had perjured themselves Of ad if
rime were made out to go to the jury. I think Mr. Lewis was
perfectly correct, according to the marinas of all ae-
quainted with the crimisal law, sot to hem called witnesses
who would have been probably subjected to arcenexaraias.
Lion whoa the cam mast go to trial, sad that he emend the
soundest discretion as sot doing so. The ewe at the

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▪ relay.

FATAL ACCIDENT ON TES WADI/lUD AND
BAISILNT RAlLMAY.—Yasterday morsiastlattal accident
cossured es the line of railwa beteessW and Bans-
ley which is a booth of the sad Yorkshire Rail-
way. There was a coal train on the by the driver of which
Sutcliffe, his stoker Whig his sea, • pouf oar-
Tied ws, semi Gems Siateraffe. Beth pasties reodad at
Priorcerhal. Wahefiria When sear the Dart's Metros,
sad engeged b elrastlog, soother luggage train came up,
sad easysesee of sane misrasorption (a rnieunder-
Wading of the shgeale) • conj.:ice occurred. The engine
of the coal trait was thrown off the line, and very much
; arid Sutcliffe, the driver of the coal train, was
k~Biesd bie heed being out off from hie body. The we (the
stoker) also met with • widow but not a fatal occident.
Balers the collision took place he saw the danger which
was impeediog, and he attempted to jump from the anise
over • wall about fire feet high. He failed, however, sad
falling he was caught by the engine, which very wan*
crushed and broke the bones of both his feet. He was ow-
Toyed to Wakefield sod taken to the Clayton Hospital,
where be ie now under the we of Mr. Walker, surgeon,
and Dr. Moore. It ts believed that he will recover, though
his injuries are urine&