The Sun.
London, England, 1865-11-11 00:00:00

FHE SUN, LONDON, SATURDAY EVENING, NOVEMBER 11 1F65.

LAW INTELLIGENCE—This Day.

COURT FOR. THE CONSIDERATION •OF CROWN

CASES RESERVED.
(Before the Lord Chief Baron and Baron Pigott, and
Justices Welles, Shoe, and Smith.) .
IN RE HENRY REDMOND.

' In this case the prisoner was convicted of having endea-
voured to extort money by threats, and the case was heard
at the last Chester Assizes before Mr. Justice Willes.

It appears that the prisoner accused the Son of a party
resident in the neighbourhood with the commission of a
very serious offence, which on being heard proved to be
utterly groundless. Pending the trial of the boy coming on,
the prisoner went to his father and demanded £3, threaten-
ing in the event of a refusal to proceed with the charge.
It was for this offence that the prisoner was indicted under
the provisions of the Criminal Statute, which rendered it
penal to threaten an accused person, or any other person,
with a certain class of offences, including the special one in
41} I question.

129
148}

Counsel having been heard, the Court confirmed the
verdict.

1221 i
88.
104}

THE QUEEN V. W. TAYLOR.
This was an appeal from the finding of a jury at the
Bury Assizes of 4th July last.
The appellant was indicted of having been guilty of
maliciously injuring a threshing machine by re-
versing the plug and shifting the position of the machine,
which, if not discovered promptly, would have led to the
bursting of the boiler. It took two horses to render the
machine serviceable, and it was held by the learned judge
at the trial that the conduct of the defendant came within
the meaning of the statute, and the jury according.y found
him guilty. A point was reserved as to whether the pri-
soner's act came within the provisions of the statute.
Mr. Mills appeared this day, and contended that unless
there was some removal or actual injury to the parts of the
machine, it could not be construed into an offence within
the meaning of the act.

1241 i I
961 7 6k
59k
137 61

5 it

1251 5
in i

no} f 10

E 9
1031

Tha Chief Baron, without hearing counsel on the other
side, decided against the appeal, and the finding of the
jury was accordingly affirmed.

74 4

COURT OF DIVORCE.
(Before Sir J. P. Wilde.)
BATES V. BATES.

This was a suit by the wife for judicial separation 'tin
the ground.of cruelty, to which there was no appearance.
Mr. Openheim stated the case. The parties were mar-
ried in 1843, at Chertsey, Surrey, and there were eight
children, issue of the marriage. The cohabitation continued
in different parts of L2ndon and the suburbs, and until
1861 the parties lived happily. In that year, however,
the respondent becaMe addicted to intemperance, and
commenced a course of the most brutal ill-treatment.
He was in the habit of striking her with his
fist and a stick, using most filthy language in the
presence of his children, and had been bound over twice
to keep the peace, and had also been sentenced to six
months' imprisonment foi ill-treatment of the petitioner.
On his liberation he again renewed that ill treatment, and
in 1864 turned the petitioner out of the house, and they
had not since lived together.

74 9
84

11C4i
251

The petitioner, a medical man, and one of the daughters
were examined, and fully confirmed the statement of the
learned counsel. It was also proved that on one occasion
the respondent brought a prostitute into the house.

The Court made the decree for judicial separation.

57 8

COURT OF BANKRUPTCY.
THE NEW COMMISSIONER.

Mr. Commissioner Winslow, having boon sworn in yos-
terday (Friday), took his seat this morning after an absence
of five days. The list of cases was but a small one, not-
withstanding the arrears of business in the various Courts.
As a singular instance of the very ceremonious manner in
which the matters connected with this Court are managed,
it may be mentioned that hitherto Mr. Commissioner
Winslow has sat in a Court, upon the door of which was
painted the name of Mr. Commissioner Fane, and although
that learned gentleman was dead the name was kept up, not-
withstanding that Mr. Winslow sat for the late Mr. Commis-
sioner Fonblanque. This morning, the name of "Fane"
was obliterated, and that of " Winslow" substituted.
His Honour sat in his private room and took three or
four applications of a formal character ; and although there
was a full attendance of the bar, no address was presented
by any of its members, although the now commissioner is
very popular at this court.

ITIES.

9 1 1

1021

10'} f

MARKETS—This Day.

COVENT GARDEN.

Oua market is fairly supplied with both fruit and vege-
tables. The trade is steady, as follows :
FRUIT—Pine apples, 7s to 8s; hot house grapes, 2s 6d to
5s ; foreign do, 9d to is '6d ; filberts, 1s to is 3d per lb ;
apples, is 6d to 3s 6d ; pears, 2s 6d to 4s Od per half
sieve ; lemons, 4s Od to 8s ; oranges, Os to Os ; walnuts,
1s to 2s 6d per 100.

VEGETABLES—Red cabbages, 1s 6d. to 3s 6d; white d 0../
9d to is 3d; celery, 10d to is 9d; horseradish, 9d to 2s
per doz heads ; greens, 2s Gd to 3s ; turnips, 2s to 2s 6d ;
carrots, 3s Gd to 4s 6d per doz bunches ; cucumbers, 6d to
Is each ; Brussels sprouts, 1s Gd to 2s per half sieve ; bro-
coli, 6d to 8d per bundle.

The Cattle Disease and Turkish Baths.

TO THE EDITOR OF THE SUN.

Rookery Farm, Dorking, Surrey.

SIR,—As you have done so much to bring for-
ward the beneficial results that may be expected
from heat, not only to the human race, but also to
animals, I write to tell you of one of the incidents
which prove how the result has been found at times,
and disappeared again.
A few days ago a lady of my acquaintance was
travelling on the South-Western Railway. A lady
and gentleman were in the carriage, and in a short
time their conversation turned on the cattle disease.
They both came to the conclusion that all veteri-
nary remedies had proved useless, and in speaking
over what might be done, the lady related that
many years ago she remembered a cattle plague in
Switzerland, and that the only thing that was found
an effective cure was a sort of lamp bath, the animal
being covered with blankets and the heat supplied
by a spirit lamp.

If this was found to be a cure, how much more
effective must the Turkish bath prove? All directions
for the construction of these baths (by no means
expensive) are to be found in fly-sheets, which have
been published for the purpose, at the Hammam, in
Jermyn-street, and also others relating to the effect
in cholera and the present cattle disease.
I remain, sir, your obedient servant,

R. Poor.E.

November 10th, 1865.

Delaying a Railway Passenger,

At the Manchester County Court on Thursday,
in the case of " Warburton against the London and
North Western Railway Company," adjourned from
a previous sitting, an important point was raised
as to the liability of railway companies for delay in
the conveyance of passengers. The plaintiff, Mr.
Samuel Warburton, is a contractor, residing at
Harphurhey. At 11.30 on the night of the 23d of
August he took an excursion for three days from
Manchester to London and back. The train did
not arrive at Crewe until after the train for London
had left, and he had to remain at an hotel until 5
o'clock next morning, and did not arrive in London
until 10 o'clock. This detention rendered him un-
able to fulfil an appointment which he had made
to meet a person on business that morning at 8
o'clock at the Isle of Dogs, and he was obliged to
remain an extra day in town, for which he claimed
five guineas and other expenses, amounting alto-
gether
appeared
fio6r
dl9e
fs
e.
dAalnr s
e.
oJnot re dn adne , barrister, d
that the com-
pany o
o m-
pany were not liable. He said this was a very import-
ant case both for railway companies and the public
in general. There were two questions arising out
of it. The first was whether a printed condition in
the time-bills, and referred to on the tickets, did not
exempt railway companies from such claims as this.
The particular part of the conditions to which he
would direct the attention of the court, as set forth
on the time-bill produced, was as follows :—" The
directors give notice that the company do not under-
take that the trains shall start or arrive at the times
specified in the bills ; nor will they be accountable
for any loss, inconvenience, or injury which may
arise from delay or detention." This condition being
referred to on the ticket, and plainly set forth on the
time-bills, was a contract binding upon the plaintiff,
who must therefore be nonsuited. It was a remark-
able fact this point had never been definitely settled
until recently by the superior courts, notwithstand-
ing the great number of railway cases that had been
decided during the last 30 years. In a case re-
ported in the Law Journal for October, page 31, and
in the " Common Pleas," page 246, " Hurst v.
Great Western Railway Company," Mr. Justice
Montague Smith expressed an opinion that a con-
dition similar to that in the present case was bind-
ing upon the plaintiff. The same point was raised
during the present week in the same court in
the case of " Prevast v. the Great Eastern Railway
Company," and Lord Chief Justice Erle held
that the condition was binding and that the
plaintiff must be nonsuited. His Honour said
that under the Railway Traffic Act a judge had
power to decide whether certain conditions were
reasonable or not. Mr. Jordan said that only ap-
plied to the transit of gOods, and not to passengers,
and the delay in this case was unavoidable, for the
train was compelled to wait for the mails. His
Honour—Do you mean that the company can say
that they will not be responsible for any inconve-
nience at all that may arise from detention : for
instance, if a person is kept a whole day between
Manchester and London, and put to great inconve-
nience, is the condition you mention to excuse the
company altogether, however gross their negligence
may have been ? Mr. Jordan—l say it does. It
is no matter where the delay takes place, whether it
be at starting, during the journey, or near the end
of it, this condition is part of the contract as be-
tween the company and the passenger, and it is
only. reasonable that it should be enforced, because
the question of reasonable or unreasonable delay
does not arise. The Judge—l think it does. The
first question is, whether the company are not bound
to put down the passenger in London at the very
time mentioned in the bills. I think they are not.
But another question arises—Do they not contract
to carry within a reasonable time, and, if so, may
I not conclude that a reasonable time is that which
is mentioned in their own bills ? On that point I am
against you ; but there is a third question as to the
right of the company to put a condition in their
time-bills which will exempt them from liability to
any passenger, however great the loss or inconveni-
ence occasioned by their neglect may be. Mr. Jor-
dan said the argument as to the liability to carry
within a reasonable time might hold good at com-
mon law ; .but this, he submitted, was a special con-
tract which exempted the company from liability.
The second point was this—supposing the company
were liable for breach of contract, ought the plain-
tiff to be entitled to claim five guineas for the loss
of a day's time ? The rule laid down in Sedgwick
for damages would apply to the present case—viz.,
all losses which might fairly be considered as having
been in the contemplation of the parties at the time
the agreement was entered into ; but it surely could
not have been contemplated by the company that
the plaintiff had an engagement at the Isle of Dogs,
which their delay would cause him to break. Mr.
Jordan further submitted that the plaintiff had not
lost a day as alleged, for he admitted that he arrived
in London at 10 o'clock in the morning. His Honour
agreed that tho plaintiff could not claim on the
ground of having broken an engagment at the Isle
of Dogs ; but he might get damages in another
way by suing upon the breach of contract to carry
within a reasonable time. However, as the case
was one of great importance, he should not decide
upon it then, but would take time to consider his
judgment.—Manchester Courier.