The Express.
London, England, 1850-05-03 00:00:00

COURT OF QUEEN'S BENCH.

WAY-OFFICE, L
ith lest of F.-I.leutae.:: T. Ottawas bas bets al:owed to retire
from the eureka by el Ws ermealseloa.
11th F. —Fest. H.C. litamaa, from 76M Y., to be sum, Moe Hush-
bea, dim
23tb
dm.lbw W. GOODaLL, ham the Nod F., to be am., sloe
Lowe,
elm F.—Lieet. I. E. Cleopwre to be semi, by par, eke Taylor, who
reap : Rea. C. T. &LOOT to to beet, by vies Geedwyo.
Shed F.—Eas. H. Muses; from tbe 44th F., to be tea, vice Gmbh,
23th F.
Ott r.—lJnt W. G. Damn lies bins allowed to retire from the
service by the We of be. tommiteloa.
57th F.—UM. C. J. Pan" teem 33rd F., lo be paymaster, vies W. D.
heeloid, wbo has retired oa
Pais
41tiretta "".4 At Paws

BANX!LUPTB.

841"1",
RICHAHDGammaH TN. Imbeemp, bresalbsader.
U ST 111Ason, Ctaderlill, Laneashiro, eottos

Osonon Arouscus Mona°, Liverpool. merchant.
Jon Wilmon, West &mewl* Staffordshire, iron ma.

Ozonon PAO., Wolverhampton, coal dealer.
Jooarn Commie. Bath, apothecary.
RICHARD KIITLIT, Cheltenham, builder.
°notion Amon& Wakefield, draper.
Noun Gannon BOND, Huddersfield, bookeener.
EDWARD WIIIAT. KisIONOS upon-Hull, drew.
JOHN HOLLINOWORTN, Kingston-epos-Hull, shipowner.
JANIS PINNOCK. York, farrier.
!MOTOR SEQUESTRATIONS.
Gnomon Armin& Firry:P.,n- it-Craig, baker.
WILLIAM LOOSZNOIII POLNAN, Woodhall hull, near
urn& Edinburgh, piper manufacturer.
Troilus Bane, Omegvw, wright.
WILLIAM RAINING, Edinburgh, demerit railway shares,
--A

ISAMILLA BAIN Of ELLISON, Tata, Note!-keeper.
Lrea thrtru, Grancf -nein, Forfar, farmer.
Pima STBRANT, Edatbarifb, coach-hirer.
Triomf,. Dimwit, Forfar, hone-litaler.

for tn• Week maim A; VD 27.1251.
WITNART.
Government Debt.— • ‘11.01,300
Other teem,.2,904,90..
Gold Coln end Winn 15,T27.991
Itiver Baton 209.877
09,937,115
WALTZ'S?.
Government Simeilles
Maned. NM Weight
Mundy, ...... _1714.0)2.170
Other decurnies
UM 9.78047
Dow
gold eind Weer • T0n.9410

434.424.077
M. SIA.I.BIIALL. Dud thiablet.

Birroros Homo.
*mon Loan Cow Armco CorrozsA, Ma. Armco PAremox,
Aso Ya. Jvence WIOOTNAX.
Tun OOKRAM Casa.
Kr. Evianlake applied to their lordships this morning for
Wove to withdraw the demurrer in this eve, in order that it
mlatibit amended.
Campbell said that in the exercise of their discretion
they were willing to give leant to amend on the payment of
easta.

Hearsiske thought the crown was not entitled to ante,
as he had stated in his srgemsat.
The Attorney. Gianni said he was not there ontseating.
He arpeered is the espeeity aimless! for Mr. Gorham, sad
not that of attorney. (morel. H. Gould not species the
satandesout, but be coedit not help declaring that the pre.
seeding was a meet vezetioae cos. That was the second
demurrer which they lied put in, he believed, with tits
elifeet of crania, delay. They were quite ready to nisi
the main quake, and had bees so for some time past.
Lord Campbell said that, on ceasultiag the master, they
had found that where similar appliestioas had been made
Were, it was the custom to Impose the payout' of 'sets, and
in the exersise of their dim/sties they thought the soots
should he paid in this cue.

QF EXCHEQUER.
I,lerms. Basiaiihi..timeir Atka" ass
♦ llamas: Comm him

OAT V. TUN EA N Covirrns RITIR AT CO W
ASSAULT AND FAL4I lIIFDISONNINT —NoN-ussroNst-
MLITT OF TIM COMPANY' FOS TX/I ACT OP TIMIS
SIDITANTS.

Tkiswa;an action to render compensation in damages for
ma assault and Wee is/primmest, committed by the defend-
ants' servants. The defendants pleaded not guilty. Mr.
Cockburn and Mr. Browne were for the plaintiff, and Mr.
Martin, Mr. B. James, end Mr. Willes for the defendants.
Mr. Cockburn stated the cam. The plaintiff, Mr. Robert
Gay. is eorn meter under the corporation of London. Oa
the ird of April he end a friend named Town, drove down to
11,sniford in a gig. In consequence of an accident to their
coateyance, they resolved to return to London by the
Eastern Counties Railway. They took third-clase tickets;
bat on arriving at the platform they found all the third-alass
carriages full. They were then pat into a second-clam
carriage by one of the company's porters. On arriving at Shore.
ditch, the guard who collected the tickets demanded 9.1. each
as the difference of the fere, wl.ich the defendant and he
friend refuted to pay, after explaining the reason why they
had travelled by the second-class. Oa arriving at the
terminus they were handed over to a pollee in.
spector, or tMeer of the company, who, under the
circumstances detailed in the evidence, took the before the
magistrate sitting at Worship-street Police-coart, who dis-
missed the ease. Prior to tonics the railway station, the
defendeat end his Mend leads every exertion to convince
the officer of the eompacy of the truth of their statement;
they therefore applied to the company for some satisfaction
in the shape of an apology for the treatment they had re-
ceived, and that the company should pay 10! into the poor-
bra of the polies-AM. This request was refused, and the
prawn action was emmenced, not, as the learned counsel
said, fur the purpose of making money, but in the discharge
of a public duty, to teach railway companies that persons of
respectability were not to be placed at the mercy of their
snenate.

Mr. Town. a chocolate malaufacturer, raid he accompanied
the elaintiff in a gig to Hanford on the 3rd of April.
Wale they stopped to take some refreshment, the hone ran
sway, and the pig was broken to pieces. They consequently
naleed to return to London by the railway, and took third-
dells tickets. The train was then by the platform. It was
market-day, end the third-clam carriages were all full.
They mentioned this to a porter, who said, pointing to a
second-class carriage, " is here." The plaintiff sai
" Bat shall we be all right—we have tbird•clam tickets ?"
The porter replied "Oh yes, you must go in here,"
sad they then took their seats. lust as the train
stated, it was put back, and one or two other tbird.clus
serriages were attached to it. but they wen net asked to re-
move. On arrival at London the person who collected the
tickets demanded 9d. each, for Hoag in that class. The
hate were duly stated, but toe guard closed the door. When
Way get to the station, he said, " ?academes, you matrons•
with me." They then removed to another part of the
**rat, and a person named Shackle (who was not
la uniform) came up. Witness explained the cause of riding
bp the second.clase, and handed his card to Shackle. He
ales stated that one of the company's guards, who could ter
tit to the teak of the statement, rode in the we carriage
ham Roeaferd to Forest gate. Shackle asked the pielatif
who he
_was. eat be gave his suns and address. Wham
theldt, w Who are pee, and wan ?tette hear yes I. ask
dime questions ? Are we in custody ? We have told you
what has occurred; allow us to peat out." Shackle refused
to allow them. A number of rayons were looking on from
the platform. Shackle then took them to the " niperia-
Indent of the coaching department," who asked them
km their cards. The defendant had not one, bat
was writing his name and address on a piece
of paper, when Shackle spoke in a very rough
tone, upon which the defendant said he was not bound to
answer every common fellow who asked him. He was in
the act of wnting,when the superintendent said—" Take them
before a magistrate." Witness offered to go down to Han-
ford with the officer, and point out the porter who pat them
into the carnage, and to pay all the expense, but the offer
was refused. The superintendent was very gruff, and
seemed as it the whole world belonged to him. (Laughter.)
They were then taken to Worship-street, Shackle walking
by witness, sad the guard by the defendant. They
certainly wen not handcuffed. (Laughter.) They wen
taken before Mr. Arnold, the sitting magistrate, and wittiest
asked ti have the charge taken in a regular and formal man-
an, as he intended to adopt ulterior proceedings. The ma-
gistrate asked if they were known. Shackle said, " that he
(Mr. Town) had given hi. card, but the other refused;" on
which wits's.' said, "Shackle speak the truth." The magis-
trate said that, as witnins had given his address, he should
have taken out a summons. On that intimation Shackle
would not make a formal charge, but said he should take out
a summons, and they went away. Witness had not received
any summon since, and he had not heard that the plaintiff
had received any.
Griffin, a police.constable corroborated the statement as
to the imprisonment.
Mr. Rooney, the secretory of the Hasten Counties Com-
pany. said Shackle is in the company's service as a detective
siker ; it is hie bairns to trace and detect robberies ; bat
he has no authority whatever over the passenger traffic of
the line. If anything occurred it was his duty to report it
to the superintendent. Shackle was not justified in the eyes

of the company in taking the plaintiff into custody ; It was
not dose with their authority. The eowipany's regulations
had been changed since the well-known ease of " Chilies e.
Brighton Railway Company. Express orders had been
given by the board not to take parsons, under such circum-
stances into custody.
Mr. Martin, for the defendant, submitted that the plaintiff
'oust be nonsuited, as there was no evidence to show that the
defendants were parties to giving the plaintiff into custody.
Mr. Cockburn contended that, lockiug at the position of
the superintendent and guard, there was evidence. Then
was also the evidence of Mr. Rooney.
Baron Alderson—Hs says the board prohibited their c.
cers Inn taking persons into custody. His lordship this
said he should direct a verdict for the defendants.;
The jury, after some demur, said, "We find for the de
feadants under your lordship's direction."
Mr. Cockburn tendered a bill of exceptions, in order to
have the question detonates& by the judges of the other
mare in the Exchequer Chamber—the law, as laid doers by
kis lordship, having boon absemly affirmed by the Court of
likeiaargare.
This asegniel the bushman el*, nisi prim sittings In
tom