The Express.
London, England, 1868-12-05 00:00:00

COURT OF EXCHEQUER.—Dec. 4.

---- - - -
Sittinp at Mai Prius.—(Before the Lord Chief Baron
and a id Jury.)

STLIMINO• r. TES 0111ZAiLUOTIIII SLILWAY OOMPAIIt

This was an action for a malicious prosecution.
'lb. defendants pleaded not Rwlti
Mr. Muddleston, Q.C. and Mr. Barnard appeared for
the plaintiff ; Mr. Giffaril, QC., Mr. Henry ws,
QA'., and Mr. Straight, for the defendants.
The plaintiff, William Stebbings, was in the habit of
attending races, and executing commissions connected
with them. On the 10th of March last he went to Chains-
fold races, taking a first-class return ticket by the de-
fendants' railway. On returning he got into a first-class
cairiage, together with four or five other parsons, most of
whom he knew. The ticketa were collected at Stratford,
and the plaintiff delivered up the ball of kit ticket.
Three of de party had second-clam tickets, and the
collector demanded from them Is. 3d. each, being
the difference between the fares of the two
classes. They refused to pay the money, and some
altercation ensued, in the course of which the collector
denied that the plaintiff had given him a first-clean ticket,
but he afterwards admitted ho had made a mistake. At
the Shoreditch station another scone occurred. The
plaintiff said he was seized by one of the officers of the
company,who throw him down and dragged.him along the
platform. His coat was torn, and in the scuffle he boat a
valuable diamond ring. Baying applied through his
solicitor for redress, the company brought him before the
magistrates at Ilford for obstructing two offioers of the
company, a ticket collector and a policeman, in the dis-
charge of their duty at Stratford. The case was dis-
missed, but subsequently they summoned him to Worship-
street Police-court for a similar offence. The magistrate,
on being informed that the plaintiff bad brought an
action for assault against the company, adjourned the
lowing until that suit bad been determined. The trial of
the action forasrault resulted in a verdict for the plaintiff,
with 601. damages. The present action was brought to
recover damage. for the alleged malicious prosecution at
Moo! and Wonlip.street.
Two of the plaintiffs tellow-passengers who had second-
class tickets admitted that after leaving Stratford they
exchanged hats with a view to prevent their identifica-
tion, having a fear that by riding in the wrong carriage
they might be liable to three months' imprisonment.
The plaintiff had been put to an expense of tat. in sum-
moning witnesses to Ilford and Worship-street, and his
solicitor's bill for defending him amounted to 7;fl.
At the conclusion of the plaintiffs case,
Mr. Giffard, on the part of the defendants, submitted
that the plaintiff should be nonsuikd on the ground that
it bad been held that a corporation could not be guilty of
malice.

The Lord Chief Baron—l always had a great difficulty
in understanding how a corporation which consists, be-
side-, the directors, of some 2.000 or :1,000 shareholders,
can entertain malice; but it has been held that a criens-
tion is liable to an action for libel which implies malice.
I will, therefore, not undertake to decide the point here,
but I will give you leave to move the court above.
For the defence evidence was given to prove that the
plaintiff did actually interfere with and assault the ticket
collector and policeman. It was also stated that though
the train was rather full, there was room for more pas-
sengers in the second-class carriages. The chief ground
of complaint against the plaintiff was preventing the
rolict man entering the find-clam carriage at Stratford
for the purpose of proceeding with the party to London.
The Lord Chief Baron, in summing up, told the jury that
iu order to entitle him to a verdict the plaintiff must have
satisfied them, first, that the defendants had no reasonable
or ridable cause for the course they took, and secondly
that de y were actuated by malice. Ile explained that
malice in the legal sense of the word in a case like this
did not mean the malignant feeling or hatred which one
mail might entertain towards another, but any motive
which was in itself indirect, improper, or unjustifi-
able. His lordship commented strongly on the abeenee
of the reports made to the:company respecting the affair
upin which they resolved to prosecute the plaintiff, and
which should be the essence of their defence to this atetiiiii.
It had been stated during the trial by a clerk in the of lea
of the company's solicitor that every effort bail beeu
made to find these documrnts. With respect to the
uttempt of the policeman to enter the carriage. his tool-
ship exprewed his disapproval of such a course being
adopted, especially as the compartments were full, and
there were present not only the three persons who refused
to jay the additional Is. 3c1., but the plaintiff and two
other passengers who had first-class tickets.
'I he jury retired to consider their verdict, and after a
brief abet nee they gave a verdict for the plaintiff—
damages IW/.

SMITHFIELD Chill CATTLE FIIIHM.—ARMIVAL
OP THE Sloe a, &E.—Yesterday being the first day for the
reception of the cattle and other live stock, as veAl 83 the
lust day for the arrival of implements, the vicinity of the
Agricultural Hall et Islington was throughout the day in
a state of great activity, and many hundreds of epee:titers
were Resembled in the Liverpool-read and Barfordostreet
to witness the arrivals. As the eveninapproached, the
Great Western, the London and North-Western, Mid-
land, and Great Northern Railways, each contributed its
quota, whilst there was also a large espri.n.n , kling of stock
vile the South-Eastern, London, Cha k and Dover,
South-Western, and particularly of the famous South-
down sheep bred by the Duke of Richmond at flood-
weed. Mr. ltigdcn of Hove, Lord Walsilyhanl,
and other competitors, brought to town via the
Leaden, Brighton, and South Coast Railway. On
arrival at the show-yard, having undergone the test
of official and professional veterinary inspection and exa-
mination of Profeesor Simouds, of the Royal Veterinary
College, and Professor Brown, the various animals were
at once handed over to the stewards of livestock for classi-
fication. No animals Welo admitted into the show-yard
lust night after nine o'clock, and all intended to be
exhibited must arrive at the Agricultural Hall before ton
o'clock this evening, or they will not be admitted.
Amongst the arrivals daring the afternoon were soma of
Mr. ?d'Coinhie's Highlanders, and several of the principal
wire animals ftom the Birmingham show. l'he judged
will commence their examination for awards ut nine
o'clurk on Monday morning, during which the representa-
tives of the press and members of the Smithfield Club
Id( TIO will he admitted to the galleries. After 2 p.m. the
show will be opened at a charge of /he each person.
Tuesdey will he the first public day, and the show will con-
tinue of en daily till Friday night, when it will finally close.
We learn from our Windsor correspondent that the (teem
forwarded severalsplendid cattle from the royal farms in
Windsor flreat Park to London for exhibition at the sir iw.
An,raig them were two oxen and one heifer of the Here-
ford hieed, bred by her Majesty at the Flemi.h farm,
two fine Devon oxen from the Norfolk farm, and a
splendid ehort-horn from the Prince Consort's model
term, near Fromm. The whole of the beautiful ani-
mals were despatched by Mr. Ilrebner to Paddington, by
one of the morning trains on the Great Western Railway.

ST. ANDREW4B MEDICAL GEADITATF.B' A. 4140-
ciDnow.-7he session of this association commenced on
eduesday, when, after the transaction of the ordinary
business, Dr. Sedgevick read a special repmt on the Para-
sitic Theory of Disease. On Thursday the session was con-
tinued at 2 p.m., when Dr. Tahe read • paper on the
Criminal Iteeponsibility of the Insane. At half-past 4
p.m., for the first time 111 the history of medicine in this
country, the public were invited by t.spurely medical •&40..
eintion to hear the address of the preeent, Dr. Richardson,
F.R.R., the oubj eel. of which was " The World of rirric and
the World," his object being to speak on • topic of equal
interest to all ; namely, the mutual relationthips of tho
communion of physic to the community at large. At the
conclusion of the address • testimonial, consisting of an
illuminated address, a carved oak writing table, and •
silver inkstand, was presented to Dr. Sedgerick, honorary
terretary of the association.
" DURING a residence of twonty-threo years in
India I had frequent opportunities of witnessing the
efficacy of your Pain Killer in curing diseases preva-
lent in tropical climates. I have given it in many maws
for diarrhoea, dysentery, and cholera, and never knew
it foil to give relief, It is the most popular medicine with
all in Iturmah, and • great blessing to the nativies.
CLARIDGE, 21, Montagu-at., Much 20, 11407. —To Perry
Davis & gen, 17, Bouthampten-row, Ilelhorn."—(Advt.j