The Express.
London, England, 1868-02-07 00:00:00

Y511.71.fr.F.-1

Witte intenistatt.
COURT OF COMMON PLZAS.—Fax. 6.
Sittings at NW Prins in Mlsx.--Before lard Chief
Justice Bovill Lad Special Jury.)
ristuduon v. THE SOUTH UMW RAILWAY.
The plaintiff in this case was a licensed victualler 2ghj
keeping the Hinge Head, Newgate-street, and he claimed ft
damages for injuries suffered on the way to Paris in H
October last.
Mr. H. Chambers, Q.C., and Hr. M. Lloyd annealed for Kw
the plaintiff ; and Mr. Serjeant Ballantine, "Mr. Field, no
Q.O , and Mr. Balm for the defendants. ft
The plaintiff, with • friend, left the Cannon-street et
station at half-past eight p.m. on the 26th October last, M.
1.
and when within a few mike of Paris the train ran into an
engine which was travelling in the opposite direction upon eit
the line. One defence raised by the company was that the
tic
ticket or book delivered to the plaintiff when he paid his gg,
money contained this stipulation :--" Each company
incurs no responsibility of any kind beyond what arises 51
in connection with its own trains and boats in consequence H.
of passengers being booked to travel over railways of other IL
companies ; such through booking being only for the con- aL
venience of passengers. Nor will the oompanies be re. H.
spousible for trains or boats being delayed or not meeting In
the train shown in correspondence, nor for any 0011111. 216
queuoes that may result to passengers thereby." se.
Mr. Fishleigh was called, and he stated that in going 1
sl
11.
for • ticket he acted upon an advertisement which did sal 9l
contain this stipulation. He paid his money before he saw is.
the book or ticket which did contain the stipulation. He M.
described the accident. The collision was • very violent
one, and the carriage in which be was was broken all to Sit
pieces. He was bleeding from the face, and after some
delay he was sent on to Paris, where he was attended by H.
en English doctor. He was in bed for five or six days, and Al
in four more days he left for London, though the doctor at
said he ought to have stayed another week before travel- U.
ling. For a month he could not attend to business, and "
even now he was not able to attend to it ea he had done 11
before the accident. He had been obliged to have the H.
assistance of his brother-in-law, who wan a licensed via H.
tualler. His money expenses in conaequencee of the mei. Sa
dent were about 2001. His takings in business before the U
accident were 130 f., 140 F., or 1501. a week ; but in cense- ed•
queues of his not having been able to attend to it as let
he had done before, the takings bed fallen off 201. gji,
a week. This would represent a depreciation of et.
from 1,0001. to 20001. in the value of the house. el
His memory also had been considerably affected since the H.
accident. Previous to the accident be had been • man of
great energy, and had sometimes for a month together
attended to his business from five in the morning until
twelve at night.
Medical evidence was given as to the bruises upon the
plaintiff's body, and the nervous shock which he had sus- -
tallied. The doctors thought that it would be • table time time before the plaintiff would entirely recover,
and one of them feared that it was not improbable that
he might always feel the effects so some extent.
In the course of the case it appeared that the French
railway company had an arrangement with the South
Eastern that each company should bear its own responsi-
bilities ; but it was said that the French company pre-
ferred to have its liabilities determined in a French rather
than in an English court.
His lordship, after • great deal of technical discussion.
held that upon the proper construction of the stipulation
on the ticket the defendant& were entitled to the verdict ;
but be reserved to the plaintiff leave to move to enter a
verdict for the amount at which the jury should amass
the damages.
The jury found the amount of the damages to be 5001.,
and the verdict was directed for the defendants, subject to
the leave reserved.

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THE POLICE COURTS.

BOW-STREET.
Mr. Thomas Richardson, the landlord of the Angel
public-house, Whitechapel, appeared to answers summons
charging him with having in his pomession a quantity of
saccharine matter, intended to be used as a substitute for
malt. There was another charge against Mr. Hardy, •
dealer in vinegar and spruce, for supplying the alleged
adulterating material.
Mr. Sleigh, instructed by the solicitors to the Treasury,
dated that the defendant is a pnblican in Whiteohamil,
and the other person (Hardy) referred to is • dealer in
vinegar and spruce in Tottenham-road, Kingstand. On
Nov. 6, two excise officers, named Wanstono and Pargetter,
were in Tottenham-road, and saw a cart belonging to
Hardy drawn up before defendant's door. Knowing that
Hardy. had been convicted of supplying adulterating
material to publican., they watched, and saw the carman,
under the directions of Hardy himself, take • small cask
into the shop. They then entered the shop, stated that
they were excise officers, and demanded to know what the
cask contained. Hardy said it bad been sent in by mis-
take, and directed his man to bring from the cart a cask of
spruce, which he said was what had been ordered. The
wan brought the keg of spruce, and they wanted to sulasti-
tute it for the first keg, and take the latter away. The
officers would not allow this, but seized both casks. Upon I
examination they found that the second cask contained
genuine Dantzic spruce, and the first a material known aa
;black beer," or " British spruce," consisting of burnt ;
sugar or treacle, and used for adulterating beer, giving it g
colour and body, and, in fact, being a substitute for malt. 4
A good deal of additional evidence was gone into, and V
the defence set up was that there had been • mistake. 11
Sir Thomas Henry was convinced that there bad been ~14
no mistake, and that both pasties knew very well what ;
the cask contained. lie should fine Hardy, who had been gg
convicted before, the full penalty of loot. Richardson was
liable to a penalty of 200!., which he would mitigate to
one-half—vv.., 1001.
Mr. Ribton, for the defence, made a strong appeal to IF
the magistrate for • further reducticn, but Sir 'Thomas
Henry said he could not exercise much leniency in a case •
where there bad been so much fable swearing.
CLERKENM'ELL 2,211
Mr. Was. Augustus Stay, a well-dressed, gentlemanly- WI
looking young man, residing at 62, Cottenham-road, Horn fa
-
wry, was charged by Mr. John Theobeld, of 44. Hornsey- •
road, with stealing five pieces of timber.—Mr. Ricketts,
solicitor, of Frederick-street, Gray's-inn-road, defended ti
the prisoner.—The prosecutor said that about four months V
ego lie missed some • of timber, and shortly afterwards !I
sew the piece p uced in the defendant's yard. He
at the time thought that be had required it for a
temporary purpose, but as it was not returned, he
gave him into custody.—Mr. Ricketts: Now, sir, Ins 41
not my client purchased the house he now lives -
in from you for 3801.'.—Prosecutor: He did so.—
Mt. Ricketts : That was about four months ago!—Prose. t,
cutor :It was.—Mr. Ricketts: Now, sir, will you swear v
that that piece of wood, which is orth about 61, was t,t
not upon the premises when you sold them to him ?
Prosecutor : It was not.—Mr. Ricketts: Then why did V
you hesitate for the space of four months before you gave
him into custody !—Proseritor : I did not wish to brand I.'
him as a thief, and I thought he would bring it back.— .
Mr. Ricketts: Now, sir, on your oath, was it not be- Li
cause he had taken proceedings against you in the
county court!—Prosecutor: No, it was not.—Mr.
Ricketts: Did he not bring an action against you in
the county court!—Prosecutor : He did.—Mr. Ricketts :
And while he was in court, and before the cease was a
called on, did you not telt hint that you wished to speak yi
to him outside, and when be went outside give him into
custody on this charge! Prosecutor: I did. Mr. 11
Ricketts : Really, sir, I muit say that this is • most in.
fatuous charge. The prosecutor sells a house to my client.
and in the yard certain lumber is left, that piece of wood
forming a portion of it. It is known to be there for several
months, but nothing is done respecting it until the day
when • sue is to be heard between them in the county 1
court, and then, and only thou, before the case called
on, the prosecutor gets him out of court and gives him into
custody. I must ask you, sir, to discharge my client.— &a'
The magistrate said there was clearly no case of felony, a
and at ono. discharged the prisoner. too
THAMES.
Thomas Smith, a well-dressed and powerful young man, re
who is known to be connected with a daring gang of a
thieve. who have committed many daring robberies in s
Whitechspel and the Mile-end-road, was brought Wore le
Mr. Benson, charged with being commented in assaulting m
Mr. Thomas Leach, a watchmaker, sad robbing him of •
gold chain valued at U.
The prosecutor was passing along the north side of the is
Whitechapel High-street on Wednesday evening, and two is
persons got before him and dodged him, preventing him is
from proceeding direct on his way. All at ones one of •
them struck him. and the other made • snatch at his gold
Albert chain and detached it from his watch. The thief ;
immediately darted into • narrow alley, called Half-moon- s
postage. The prosecutor followed him, and bad not gone
more than four yards when the prisoner got before him 0
and stopped him. A scuffle took place, and the thief got I
away with the chain. 11
William Wilson, • shoemaker, said that a smaller man
than the prisoner made • snatch at the prosecutor's g
watch, and ran away with the chain. The thief ran down a
court only 3} feet wide. The prosecutor was redo? after ■
the thief, and the prisoner and another man bins.
The prisoner raised his arms, shoved against • promo.
(tutor, sad was guilty "of all manner of attitudes and •
tricks," and his fists were doubled. He was satisfied the
prisoner was acting in concert with the thief.
The prisoner said he was as innocent as the table in
court.
Mr. Benson remanded him till Monday next, and hoped I
the police would be able to arrest his two confederates.
move-

11;411 81.

THE EXPRESS, FRIDAY EVENING, FEBRUARY 7, 1868

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!ice. 1.71:4 7 A • -

LONDON AND SOUTH WESTERN RAIL* AY•

The half-yearly report of the directors states
that the soommts to the 31st of December, 1867, Aow the
net revenue for the eh months, after deducting interest
on loans and all other preferential charges, to be 212,6771.
3e. 9d. ; add the surplus at June, 1967, 1,6641. 13s. 11d. ;
balance available for dividend, 214.3411. 17s. Bd. From
the above sum the directors recommend that s dividend be
declared at the rate of 5/ per oent. per annum, payable
on the 2nd of March, amounting on 7,772 89U. 4e. sd. of
paid-up capital, to 204,0081. 7.. 10d., leaving
to be carried over to the current half year 10,3031.9.. 10d.
The grew revenue for the peat half-year compares satis-
factorily with that of the corresponding period of 1866,
notwithstanding the °outland contraction of traffic
arising from the depression of trade which generally per-
vades the cottetry ; the pameuger trafile presenting an
inoresse of 34,8201., and the goods department being also
in excess by 10,4861. of the autumn half-year of 1866.
Referring to the " Summary of Capital" in the accounts
now circulated, it will be seen, upon comparison with the
last report, that the amount of debenture bonds has been
reduced in the past half-year by 197,4201., whilst in the
same period the debenture stock issued by the com-
pany haa increased by 290,033/. The average rate
of interest on the mortgage debt has 'lightly
increased ; it stands at 414 cent. as oom-
ured with 4.40 for the common half-year of 1866.
he train mileoge run in the past if-peer is 16,654
miles less than that for the corresponding half-year
in 1866. The utmost attention has been given to
the working expenditure in each department, sad the
result is that reductions have been effected in the locomo-
tive and carriage departments, and in the maintenance of
the line, while the working of the Salisbury and Dorset
Railway has caused an increase in the traffic department.
and there in likewise an bureau under the head of general
charges. The general result is, however, considered satis-
factory, u 43,6301. additional receipts have been obtained
at an increased expenditure of 4,1131/.