The Sun.
London, England, 1855-08-16 00:00:00

HIS DAY'S NEWS

CITY SHERIFFS' COURT-1

'THIS DAY).

(Before Russell Gurney, Esq., Q.C.)
RAILWAY LIABILITY.-IMPORTANT CASE.-SPRING V. THE

LONDON AND NORTH-WESTERN RAILWAY COMPANY.

This was an action brought by the plaintiff, a mer-
chant, against the defendants, to recover 241. 19s. 3d.
"damages, by reason of the excessive delay in carrying
six bags of cochineal, entrusted by plaintiff to the de-
fendants as carriers from London to Liverpool."
Mr. Gifford appeared for the defendants.

The plaintiff sent, on the 7th of April, six bags of
cochineal to Messrs. Pickford and Co., the defendants'
agents, "to be for warded that evening by rail " to
Messrs. J. 'Webster and Co., of Liverpool, for shipment
to America, and as the markets were falling at the time
it was essentially necessary no time should be lost in the
shipment of the goods. The goods not arriving at
Liverpool on the 10th April, the consignees made
application at the railway station on that and the
following day, but were informed the bags had
not arrived. On the 20th they received a note from the
railway officials stating their arrival. The goods were
shipped on the 221. I'he plaintiff stated that in conse-
quence of the delivery cf the goods at. Liverpool he
had lost about 781. from the alteration in price of the
article, but he had only claimed the amount sued for.
Mr. Gifford submitted the defendants were only liable
for the ordinary consequences of delay, and not any
damage arising out of any special loss in consequence
of a det'rioration in the price of the article from tl}e
fluctuation in the market.
His Honour said he considered the defendants were
liable for special damages arising from a fluctuation in
the market in the price of the article, and gave judg-
ment for the plaintiff with costs.

POLICE INTELLIGENCE. - (THIS DAY.)

MANSION-HOUSE.

THE STATE OF THE RIVER THAMES.—The Lord
Mayor, on taking his seat, stated he had received a
personal application from Sir John Rennie respecting

the present state of the river Thames, and also commu-
nications from Mr. Dover, and others, to the same
effect, suggesting a remedy. Believing the subject to
be one of paramount importance, he proposed to call a
public meeting, at the Mansion-house, on an early day,
to take the subject into consideration, and, if possible,
abate the nuisance so justly complained of.

THE TOWSERY GANG.-Mr. Anderton called his lord-
ship's attention to a number of persons known in the
kingdom, and particularly in the metropolis, as the
Towsery Gang, who had taken premises on Ludgate-
hill, to the annoyance of the public, and particularly
the inhabitants of the neighbourhood, where they
were carrying on their business, issuing bills,
headed with the names of " Strahan, Paul, and G 0.,"
and holding out to the public the idea they were selling
property that formerly belonged to these and other
bankrupts. It was a growing evil that could not be
too strongly condemned, and the public cautioned
against it ; and he solicited his lordship's interference to
put down the nuisance complained of.
His lordship stated that the matter should be in-
quired into.

ISSUING A FORGED CHEQUE FOR 7001.—EXTRAORDI-
NARY CASE.—Edward Agar, a respectable middle-aged
man, was brought up in custody by Daniel Forrester,
charged with uttering a forged cheque for 7001., on
Messrs. Stevens, Salt, and Co., bankers, 20, Lombard-
street.

Mr. Mullins, solicitor to the Bankers' Association,
appeared for the prosecutor ; and Mr. Wontner for the
prisoner.

Win. Smith, carpenter, 69, Theobald'e-road, deposed
that in May last he was at work at No. 19, King's-
road, Gray's-Inn, where he became acquainted with the
prisoner who went by the name of Jenkins, and in the
course of the conversations he stated he had travelled
much in America and the West Indies. Prisoner see-
ing witness could use his pen well promised he would do
what he could to procure him easier employment than
carpentering. At the prisoner's request he met a dark-
looking man at Tom's coffee-house, Holborn, and gave
him 10 sovereigns, which prisoner had let him have for
that purpose. On leaving the coffee-house the man gave
witness a small heavy parcel, about 9 inches long and 4
wide, and thin, to take care of for him, taking his address
and inquiring if he bad a good character, because he
thought he might soon require his services. The par-
cel remained in his possession about ten days,
when the prisoner called en witness and asked
him to meet him with it the following morning at the
Black Horse, Coventry-street. He did so, and gave it
to him. He met the prisoner there again the following
night, when prisoner gave him another parcel to take
care of, which remained in his possession till last night,
when he gave it to Daniel Forrester. When he last
met the prisoner, he asked bins if he had ever done busi-
ness with bankers, to which be replied he had occa-
sionally. Prisoner then said he thought he should want
witness to do a little for him shortly, and would tell
him all about it in a week. He afterwards met the pri-
soner by accident in Southampton-row, when be asked
witness if he would like to earn 1001. Witness replied
he should, and asked what it was to do. Prisoner
replied, to present a check for 7001. to be cashed
at a bank ; and that, if he was careful and at-
tended to his instructions, no harm would come
of it. He promised to meet witness the following night,
or he might call any night at the coffee-house. He was
to walk in, but not to speak to prisoner, and walk out
again, when he would follow him out. On the 7th he
met the prisoner at a coffee-shop in Orange-street, where
the prisoner gave him instructions how to present the
cheque, saying, " If they pay you the money, it will be
all right ; but if they begin to question you, you will
then understand it is wrong." If he was asked
where he had it from he was to say, Captain
Pellatt, Euston Hotel—that he was not his servant,
but that as he was passing the hotel a gentleman
asked him to take a letter to Mivart's Hotel, where
a gentleman gave him half a sovereign and told
him to take a cab t 3 the Bank and back, and get a
cheque cashed. He was also to say that the gentleman
inquired into his character, and who and what he was,
and that he thought he could get him an excellent situa-
tion ; that if some persons from the Bank would go
back with him to the hotel, and find what be had stated
was correct, they would let him go. Prisoner said if he
got the money hi was to meet him near Bedford-row,
give him the money, and meet him the next day at
Tom's coffee-house, when he would give him 1001. for
his trouble. He met the prisoner the following Satur-
day in Southampton-row, where he gave him the
cheque, a canvas bag, and half a sovereign, first asking
him if he understood his instructions. The cheque and bag
produced are the same. The cheque was written on a
plain piece of paper, payable to W. Pellatt, and signed
" Jno. Deverell." The prisoner also gave him instruc-
tions, when he got the money, to leave an envelope
with a blank piece of paper in it, addressed to Captain
Pellatt, at the hotel, then drive to the Euston
Hotel, and then pay the cabman ; after that
walk to Lombard'street. Prisoner was going out
of town, and he would watch the paper to see
if anything occurred, and communicate with him
when he was liberated -He asked witness if he had a
better suit of clothes than he then wore, because it was
necessary to go as respectable as he could. On the
Monday following he made a communication to Mr.
Mullins, and on Wednesday last, the day the cheque was
dated, he did as the prisoner had requested him. He
presented the cheque, and received a bag containing
money, which he put into his pocket, and walked to
Bedford-row and the neighbouring streets, but did not
meet the prisoner for some time. At ten minutes past
five o'clock he saw him coming from the Holborn end of
the street, and they met. He said, "Have you got it all
right I" Witness said "Yes," pointing to his breast
pocket, where the bag was.. Before asking that question
he drew witness's attention to two men on the opposite
side, and asked if they were watching them, but witness
said he thought not. Prisoner said "Come on," and they
walked towards Holborn. At the corner of Princes-
street he turned round and said, " These two fellows are
following us ; come on, let us get round the corner.
Sling me the stuff and I'll run for it." Witness passed
the bag to him as they were walking at the corner of
Lee-street, on which prisoner said "You go into that
baker's shop, and I'll run for it into the fields (meaning
Lincoln's-inn-fields.) After walking 20 yardp, pri-
soner commenced running, and he saw no more of him
until he was in custody. Witness was brought last night
to the Mansion-house, where he saw the prisoner, who
asked him to stick to him, and that if it cost him 1,0001.
he would see him out of it. He charged witness with
having torned on him.
Evidence was given by Mr. Scott, clerk in Messrs.
Stevens and Co.'s bank, of the presentation of the check,
aril a: hag containing 100 farthings being tied up in it,
j and given to the last withees. Deverill, of rem-
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