The Express.
London, England, 1861-11-27 00:00:00

COURT OF =CHEQUER.

Sittings at Nisi Prima, at Wastaaimstar, alter Term —(Bsfare
Mr. Hawn Martin sad a Spacial Jury.)

GAILDNER. •DMININTIATJUI, W. ?MI LONDON, a WINTON.
/INV WITH 'Awn' 1141LWAT.—T111 CLAITUN TUNNEL

ACCIDLTT.
This wee the first tried of the actions brought against the
London sod Brightens Compaq arinuag out of the melan-
choly caraetropbe in the Claytus Tunnel, on Suoday, the
25th of August lad.
The dechu &Lion stated th►t the plaintiff cued as widow of
James Gardner and admtoietr►tru of his estate. to recover
d►mages for the low sustained by the death of her buabaud,
by reason of the negligence of the defendants. The com-
pany pleaded only Not Guilty.*
Mr. Serpent Shee and Mr. Vaughan Williams were
mutual for the plaintiff. Mr. Boron and Mr. A. L
Smith reprerented the dsfendaida
The plaistiff, Emma Gardner. deposed that she married
her late husband, George Gardner, in 1863, and be was
then a clerk in a merchant's oaks. He was subsequestly a
tokaccosiet, and as hoth of than bad awed some money he
entered into business as a eah proprietor at Po:atoned*
keeping three cabs. They had Latterly newied at Wallet-
puma Lambeth,
_ _

Grcermainined by Mr. Rovill—They bad occupied apart-
ments at 64. a week. and had paid some of the rent. Ima
tedno information of two flash Dotes found on my hae. . (Tke wino's' here bent out crying, and kept sob-
bing during the remainder of her croormanunation.)
Mr. liensaat Shee—Surely, Mr. Scroll, you don't Mk*
possession of the property foued on all,the no you kill?
if . Mr. Bovill—No • bet dash notes are found on them, it
le some proof wliotheir an.
Mr. Bane Martin—l suppose you mean to prove it.
Mr. Bovill-1 ma prove it. 11 Ido not it will go for
Mr. Berms Martin— I beg your pardon.
Mr. Sergeant Shee—l hope you will ask Gardoer's brother
about these Dotes when he moves into the boo.
Mr. &nal—That I certainly will, sad much more haft.
(To witness)—Was your heel:mad • billiard marker al Ilia
"Olive Brea*" Pecklisat
Witham—l am run I mat mower your gumption.
James Gardar, • mak at the Metropolitan, in the City,
and a brAlier of the deceased, was called. and depu•ed that
the plaintiff was tat capable of carrying as her late her
boors limner.

ertimesemieed —My Mather was a billiard raarker at •
house in Peckham seven or eight years ago. He was food
of the game. I never beard that he w 01411111 "The
Mama" 1 delivered the iro dash eels* feud on
my brother's body, with his other property, 10 the widow.
Nam weeks Wore his drib. I saw the sots is my bra
User's heed, and he said he had fated MUM eme of kie
cabs. Last might the pigtail wee sot drunk She Mid bad
oothing to eat all day. sad I gave her • 'Ws of beauty sod
water at the " Magpie and Stump." She is not in the habit of
&teddies brandy, but she has takes lace bee hodassiffe
death • Mlle seem than usual.
This ash propristurs were then called to prove the *m-
ap estehp of the plaintiff's husband with three mkt,
Which they estimated all 31. • week.
Mr. &roe Neekke-1 hem so evidence of negligees yak
Mr. David—There le so difficulty about that. We Walt
Us 'oil *sok
Thu dam' the plaintiff's awe, sed Hr. 11a.311 lath(
intimated that he shogld ms mitoses. ,
Mr. Merjaast Stale summed sip the seldom*.
Mr. &mill then &dammed the pay tar take istease Is
mitigation of dm damages. out aa hl.
Mated that ha beloved doh this wise, whisk boss
Bead veto mum would he the emby see which would
be trisd mit* out of the edstesatensWsg which the
sompany se nosh &plead.

lir. lane Nam* r sematibigup. sold Sid le all his
migasiense he sever ken, ame in dish arse irrelevant
wager had how lehrednall time this Be theaght both
the jury sad Idinsell had pwat mum to semplam of the
mum which had been pmenned by the essagnay. who bad
first pleaded mat pithy at issgligsnes. NA Own bad admitted
they wars. In the hops st thirds* same advestag•
sod the practice was sot Waited to this oompuiy—
lher hal come to this court sal had forced oe the Judge a
duty whack should never hare Woe put apes bin. tor
haring admitted their Degligesce they should have allowed
rt to go by default sad the. the damages would
oes assem...l is sw•ber plasm It was said that
kik soles had bairn found es the wag who warn
bet that had wahine to do with cam, bad hi
emalities ha life had been referred to, but if the
wasinway placarded eight hours by the sea ride for half
• aowa it did sot le se their mouth to say that peruses
is a high ceedltioa of life did not take advantage of their
eseurein trains. An attempt had been Erie to prove the
plaintiff wee drunk last sight ; aid he would say It she bad
hew dogged to • public-hams by say penes sonnecied with
the covapsay. it was saytbieg but right. All that the jury
bed to do wee to award swab damages sa they thought
sunniest sompswestion.
ne Ivry retired. mad is • few minute. came into court
with • sadist tee the plaintid—damages, &AN.