The Express.
London, England, 1857-12-07 00:00:00

WII.BTMINBTER.

A very reepleteble:tookhiiiit;e: epplied to the magistrates i
fleturday, saying he to complain of a very severe
injury which had happened to an elderly lady, through the
neglect of a person to ho and ewers the iron plats OM a
noel cellar in the street. The hole had been left open, end
the lady, not observing it, had fallen into it, and injured her
114%7Zr:altld Inquired whether the lady wee to attendance?
Applicant replied that she wee too ill to attend, owing to
the injuries she had rewired.
Mr. Arnold observed that she could take her choice of two
remedies. She could bring an action in the County Court
@salami the person through whose negligence she had nu-
Wood the hurt, and recover compensation. It wee also an
armee under the Police Act, by which she was entitled to
prosecute, and which subjected the offender to a penalty
of 40s. . . .

, .....
Applicant thanked the magistrate, and withdrew.
THAMES.

Robert Jobe Cesium Tam:ma, chief mate of the ship
Lon Raglan, belonging to Mr. Duncan Dunbar, of Lime.
house, appeared before_ Mr. Yardley to &newer a charge of
assaulting and toeturing William Mullett, an ordinary sea-
man, at the port of Poo Chow, in China, on the 7th of De-
cember. 1866.
The complainant stated that on Sunday morning, the 7th
a/December teat he was directed by the chief man to clam
oat the caddy and holystons the cabin. He ocimidand it
unlawful to do any such work in port on the Sabbath, sad
refused to obey the order of the mate. After a little talk
between them the defendant struck him a tremendous blow
on the heed with a broomstick, which felled him to the deck
sad rendered him senseless. On coming to a state of con-
scloneems he felt very sick and ill, and turned into
his berth in the forecastle. The chief mate and mond
mate dragged him out of his bed and brought him
on deck, and tied him up by his two hands to the
mime ngging. He remained 'impended in this manner for
three quarters of an hour. Ilia feet were off the den. He
weenie his feet were at leset four inches from the dark while
be was suspended. The calf of his legs rested against the
ben-coop. He never had the muss strength in his shoulder,
sines be received the punishment an he had before. The pain
wee very great while he dm suspended by the thumbs. The
witness was subjected to a severe cror-examitiation by Mr.
Joseph Smith, solicitor, on the part of the defendant. The
complainant said he could not kneel on the hen-coops hamar
they wen behind him. He certainly refund to clean out the
cabin.
The magistrate then questioned the complainant, who
said he did not cry out while he was ampteded by the
thumbs, nor did he put his feet on the hen-coop. He sold
bear the suspension. The skin was chafed when the cords '
went rowed his theutite. It had a great effect on his thumbs,
but the cords did not penetrate to the bones of his thumbs.
Charles Tuck, ordinary seaman, stated that he saw the
complainant dragged out of the forecastle by the two mates,
and lashed to the mina rigging by his thumbs. He saw
tempi on the man's head. They were caused by tbs blow
which he received. He should not like to nil with the de-
fendant spin.
Hr. Yardley said no doubt an insult end an Improper one
bed been committed, bet be had come to the nonunion that
the cues wee greatly exaggerated. If the evidence of the
complained was to be relied upon, he would not decide this
can but send it before &jury. Ile had DO hesitation in saying
that a suspension of a man by his thumbs was torture and
not jumitiKt by the laws of England. On the very face of
the evidence in this one no doubt there wee great naggers-
tin. He was *ermined if the man was really suspended
by the thumbe, sad his feet not resting on sny thing, that he
was not cut to the very bone, end he surely could have re-
lieved himself when he was tied up by the thumbs by step-
ping on the ben-mope. Ile thought it was acne demanding
the fullest investigation, and ha should therefore adjourn it
till Thursday neat.