The Sun.
London, England, 1865-12-06 00:00:00

rilE SUN LONDON, WEDNESDAY EVEMNG, DECEMBER 6, lEEE.

LAW INTELLIGENCE—This Day.

COURT OF QUEEN'S BENCH.

(Before Lord Chief Justice Cockburn and a Special Jury.)

LOUDOITH V. THE SOUTH-EASTERN RAILWAY COMPANY.

This was an action by Mr. Charles Loudour to recover
compensation in damages for injuries and loss sustained
through the alleged negligence of the defendants' servants.
Mr. Hawkins, Q.C., and Mr. Murphy were counsel for
the plaintiff, and Mr. Sergeant Ballantine and Mr. Buller
for the defendants.

Mr. Hawkins, Q.C., stated the case. The plaintiff was
55 years old, and a Frenchman by birth, but had been
living for nearly 30 years in this country. He was originally
a teacher of languages, and in 1862 was appointed by• G-
overnment as manager of the foreign department of the
Great Exhibition, in consequence of which he formed the
acquaintance of several leading firms at Bordeaux and
other parts of France. He then opened a Secret Inquiry
office, at 4, Agar-street, Strand, the object of which
was to obtain information respecting persons in-
debted to foreign creditor; which, with other
avocations, realised more than £BOO a-year. On the 9th of
June, 1864, the plaintiff was returning from Folkestone
by the tidal train, and when about two miles from the
Staplehurst Station he felt a violent oscillation in the
carriage, and immediately he was pitched over the parapet
of a bridge about 15 feet deep, and fell into a stream at the
bottom. With much difficulty he extricated himself out
of the water, and escaped over the debris of the carriages
that were scattered about. He then became insensible,
and on regaining consciousness he found that ho was at-
tended by a medical man. He was unable to return home
till the next day. The injuries he sustained were of a
most serious character, and his system generally received
a severe shock. He had also to undergo two most painful
operations, and the result was that he was obliged to give
up his business. Last August two medical gentlemen, on
the part of the defendants, and two on behalf of the plain-
tiff, saw the latter together, and gave a certificate to the
effect that he had not sustained any permanent injury, but
that compensation should not be claimed for 12 months.
Sergeant Ballantine addressed the jury in mitigation of
damages, but called no witnesses. _ _

The jury, after half an hour's deliberation, assessed the
damages at £1,500.

COURT OF BANKRUPTCY.
(Before Mr. Registrar Roche.)

IN RE STEVENS - THE STRAND MUSIC HALL COMPANY.

The bankrupt was described as of no business, a director
of the Strand Music Hall Company (Limited), residing at
17, George's-road, Kilburn, and to-day was appointed for
proof of debts and choice of assignees. The debts which
are secured amounted to about £15,000, the cause of the
bankruptcy being liabilities incurred onbehalf of the Strand
Music Hall Company (Limited), of which the bankrupt is
a director, and being sued by creditors in respect of such
liabilities. The Music Hall Company is now being wound
up, but in consequence of the difficulty of realising the
property except at a great loss, Mr. Stevens has been ob-
liged to come to this court.

Mr. Saffrey, an accountant, was chosen assignee, the
18th January, 1866, being appointed for the next meeting.

MIDDLESEX SESSIONS—This Day.

(Before the Assistant Judge.)

.. .
Henry Walton, 38, servant, was indicted for inciting a
girl, named Elizabeth Johnson, under the age of 16, to a
felony.

The case was a long one, but the jury returned a ver-
dict of not guilty.

The learned Judge said he could not find fault with the
verdiet, but the defendant left the court a disgrace to
human nature.

SECOND COURT.
(Before Judge Payne.)

Edwin Turner -and Harriet his wife were indicted for
stealing a quantity of blankets, the property of the Guar-
dians of the Poor for the parish of St. Luke's.
The jury convicted the male prisoner, but acquitted the
female.

The Judge sentenced him to 12 months' imprisonment,

EXCITING SCENE IN COURT.

Frederick Moore was indicted for violently assaulting
Police-constable Ogborne, with intent to kill.
The assault took place in the neighbourhood of Strutton-
ground, Westminster. The prisoner, with other persons,
was creating a disturbance after being turned out of ono
of the public houses on a Saturday night, and when the
constable went up to take him into custody he put his
hands in his pocket, and immediately after he received a
violent blow from the priioner, which caused him to fall
to the ground in a senseless state. The prisoner escaped,
and then it was found that the policeman had sustained
the most extensive injuries, as it appeared that the man
had, at the time he struck, a knuckle-duster on his hand.
Police-constable Morgan apprehended the prisoner a
a fortnight after the assault, and when Ogborne
was able to go to the station-house he positively identified
him as the man who had assaulted him, although previous
to his identification he had changed a portion of his dress
with another prisoner.

The jury returned a verdict of guilty.
Judge Payne asked if anything was known relative to
the prisoner.

One of the constables then stepped forward and said the
prisoner had been formerly twice convicted. One of his
terms of imprisonment was for 18 months, and the other
three years' penal servitude, which only expired on tho
17th of last month.

Mr. Payne asked Mr. Cooper, who prosecuted on the
part of the Crown , whether there was not a section in
an act of Parliament by which he could sentence the
prisoner to three years' imprisonment ?
Mr. Cooper replied that he was not aware of such a
section, but the object might be obtained by sentencing
'the prisoner to two years' imprisonment on the first in-
dictment, and one year on the other.
Mr. Payne said he felt almost certain he had seen such
a section as the one referred to. However, he should
like to ask the surgeon one question, which would decide
him as to the sentence he should inflict.

The divisional surgeon to the police then entered the
witness box, and in answer to the judge, said he had no
doubt whatever that the wound had been inflicted with
some blunt instrument. He had no doubt about the
matter.

The learned Judge said in that case he should give the
prisoner the severest sentence the law allowed him. Society
would not be damaged by the prisoner being sentenced to
penal servitude ; on the contrary it would be benefited,
especially as it appeared he was an old and well-
known thief, upon whom former punishment had had
no effect. The previous sentence of three years' penal ser-
vitude only expired a few days ago, and now again he
stood at the dock convicted of a murderous assault. It was
quite a mercy of Providence that the constable was not
killed, and, under all the circumstances, he should sentence
the prisoner to five years' penal servitude.
The prisoner seemed momentarily surprised at the sen-
tence, but his sister, who occupied a seat in court, imme-
diately she heard it, shrieked out in the most piercing and
agonizing tones, "Oh, my poor brother! Oh, my poor
brother! Oh, his poor old father !" The prisoner seemed
overcome by the cries of his sister, but he recovered him-
self in a moment, and then, as the jailor was about to re-
move him from the dock, he closed with him, and made a
desperate struggle to escape, by jumping out of the dock.
ci thi no wgoenree
in
afew
as
shteh
the
struggle
warders
oi
the prison, ex
w nthe courrushed
to the assistance of the jailor, but such was the
desperation to which the prisoner had worked
wasamost
himself up, that he resisted for some time the
combined efforts of the warders. During all the time the
struggle was going on, the girl kept screaming "Oh my
poor brother," " Have mercy on him," " Oh don't send him
away." Two or three of the constables of the different
division; who were in attendance as witnesses, then
jumped over the side of the dock, and finally the ,prisoner
was overcome, but not subdued, as he continued to struggle
during the whole of the time he was in court. As he
was being conveyed down stairs he shouted out to his
sister "good bye, my girl," which seemed to increase the
agony of the poor girl, who was led from the court con-
vulsively sobbing and exclaiming "Oh my poor brother."
The scene, although of comparatively but short dura-
tion, created the utmost excitement in court.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

ASSAULTING THE POLICE. —Two young men, named
William Ludford and George Ludford, one a vocalist and
the other a chimney sweep, were charged before Mr. Tyr-
whitt with assaulting Police-constable William Morrow,
164 E.

The constable was called to the Spread Eagle public-
house about one o'clock this morning where ho found about
forty persons behaving in a very dis Orderly manner and
fighting. Ho assisted the barman in turning some of
them out ; amongst others the defendants, and directly
afterwards the defendant William burst open the door
and tried to strike the barman. The constable. pre-
vented him, when he turned upon him, , struck him
a violent blow in the face, and grasped him by the stock,
his knuckleS being .against the constable's throat. Upon
this the constable took him into custody, when the defen-
dant George came up and gave the constable a blow on the
face. Another constable coming up, both defendants were
taken into custody.

Mr. Tyrwhitt said on such occasions it was necessary
for a constable to go into a house, and they had to dea
with some of the worst characters in London, although
some of them might be well dressed. The defendants had
roughly treated the constable, and William would have to
pay 20s. or be imprisoned for 14 days, and George 10s. or
7 days.

The Great Eastern Railway,

The following is a copy of the preliminary Report
of the Committee of Investigation :
" Committee-room, Bishopsgate Station,
London, Dec. 4.
" To THE SHAREHOLDERS OF THE GREAT EASTERN
RAILWAY COMPANY.

" The committee appointed by the shareholders
of the Great Eastern Railway Company on the
29th of August last, consisting of. Messrs. Turner,
Smith, Ballantine, Beavis, and Rowley, met (with
the exception of Mr. Rowley, who, in consequence
of other engagements, declined to act) and com-
menced their duties on the 4th of September, and
have continued their labours from that down to the
present period, devoting three and, -in most in-
stances, four days a week to the purpose.

" The first matter brought under the considera-
tion of the committee was as to the period from
which their inquiry should date, and after having
given the matter their best attention, and acting
under the impression that Parliament must neces-
sarily have ascertained, for its own satisfaction,
that no irregularity as to the borrowing powers had
existed up to and at the time of the amalgamation,
the committee determined to commence their in-
quiries frcm that period.

" It was not the intention of the committee to
have presented the shareholders with any report
until they had concluded their labours and were in
a position to furnish them with one in detail, em-
bracing not only the financial, but also the general
position of the company ; but finding from, their
own inquiry, and also from the serious representa-
tions made to them by the Board of Directors that
delay might be seriously prejudicial, and would,
probably, greatly embarrass the credit of the com-
pany, they have determined to abandon their ori-
ginal intention and make a preliminary report, con-
fining themselves for the present to the financial
condition of your undertaking as affecting the 'bor-
rowing powers,' adding thereto only, their opinion
upon the proposed lease of the Blackwall Railway,
it being necessary, in accordance with Parliamen-
tary requirements, that your sanction should be
asked and obtained upon the latter subject 'at an
early date.

" Upon the financial condition of your company
the committee report that, for the purpose of ascer-
taining accurately how far the directors had com-
plied with the conditions and restrictions of the
several acts of Parliament, upon conformity to which
the ' borrowing powers' of the company are depen-
dent, they found it necessary to avail themselves of
the assistance of the well-known accountants, Messrs.
Coleman, Turquand, Youngs, and Co., who, after a
careful examination of the books of the company,
report to the committee that the ' borrowing powers'
(subject to the sanction of the shareholders) have
been largely exceeded during the past three years ;
in fact, to such an extent that the committee cannot
conceive any condition of circumstances which could
justify, or render even temporarily necessary, so
grave a departure from all commercial principles.
"Upon the facts in their possession the committee
have submitted a case for the opinion of Mr. Lloyd
(one of the best legal authorities on railway mat-
ters), and having themselves given the various ques-
tions their most serious consideration, and having
also received a positive pledge from the Board that
the funds now required shall be prudently expended
in the advancement of your undertaking, are now
prepared to recommend that the shareholders should
sanction the borrowing of the several sums of money
mentioned in your directors' advertisement, upon
the distinct understanding that for the future no
such irregular borrowing shall under any circum-
stances take place; but when the parliamentary
powers are required to be exercised, the previous
sanction of the shareholders shall be asked and ob-
tained.

" Upon the subject of the proposed Blackwall lease
the committee report that, after giving that ques-
tion their best attention, and considering the terms
upon which it is proposed to carry the same into
effect; and having received evidence thereon, con-
sidering also the absolute necessity of increased
terminal accommodation required by the company,
they deem it expedient that the shareholders should
adopt it, remarking at the same time, that in their
opinion largusum of money might have beenzaved
to this company had your directors exercised more
vigilance in ascertaining the condition of the line
which they were about to lease before proposing to
bind the shareholders to the adoption of such lease,
it being now ascertained that the line will require
considerable outlay to place it in proper working
condition.

" The committee are informed that the Board of
Directors, acting upon their recommendation, have
taken the necessary steps for appointing an engineer
and a locomotive superintendent (and they trust
that the directors will also carry into effect their
further suggestion as to the appointment of a gene-
ral manager)—a course which the committee con-
sider ought to have been long since adopted, and
which, when carried into practical effect, will, they
believe, prove very advantageous to the general in-
terests and benefit of the company.

" The committee regret that in the exercise of
their duty they are compelled to express their con-
viction (arrived at from evidence received) that the
small dividend proposed to be paid to the share-
holders at the last general meeting had not been
earned, and therefore, in their opinipu, ought not
to have been even suggested by the Board of
Directors.

" The committee, although only now issuing a
limited report, for the reasons before stated, have
been, and are still, receiving valuable evidence with
reference to the general management of the affairs
of the company, the result of which they propose to
lay before the shareholders at a future period, to-'
gether with any suggestions they may think desir-
able for their consideration and benefit, and they
hope that under an improved management your
property will eventually assume a more satisfactory
condition.

" In conclusion, the committee feel it their duty
to state that, in their opinion, the shareholders, in
appointing a committee of investigation, have
adopted a wise and prudent course, inasmuch as
their affairs have, for some time past, been drifting
into a most unsound condition, to amend which will
require the very utmost vigilance and care which can
be bestowed upon them.

" C. H. TURNER, Chairman.
GEO. SMITH.
A. BALLANTINE.
GEORGE BEAVIS.
J. HAbFIELD, Secretary."

ROYAL INSTITUTION OF GREAT BRITAIN.-LEC-
TURE ARRANGEMENTS FOR THE ENSUING SEASON.-
Christmas Lectures, 1865. (Adapted to a juvenile auditory.)
Professor Tyndall, F.R.S.—Six lectures "On Sound."
Before Easter, 186 G. Professor Tyndall, F.R.S.—Twelve
lectures "On Heat." Professor Frankland,
lectures "On Chemistry." Professorß. Westrnacott, R.A.,
F.R.S.—Six lectures "On the Way to Observe in Fino
Arts." Rev. G. Henslow.—Four lectures "On Structural
and Systema tic Botany, considered with reference to Educa-
tion and Self-instruction." After Easter, Professor Frank-
land, F.R.S.—Four lectures "On Chemistry." G. Scharf,
Esq., Secretary and Keeper of National Portrait Gallery.—
Three lectures "On National Portraits." Rev. C. Kingsley,
M.A.—Two lectures " On Science and Superstition." Pro-
fessor Huxley, F.R.S.—Twelve lectures " On the Physio-
logical Methods and Results of Ethnology." Professor
Ansted, F.R.S.—Five lectures "On the Application of
Physical Geography and Geology to the Fine Arts." An
extra course may possibly be given by Dr. Du Bois Re
mond „ On Electric Fish." y-

FREE LABOR IN TEXAS COTTON FIELDS.--A
gentleman, recently from Texas, tells us of a planter of
Washington county who had a plantation of half a league
—two thousand two hundred and fourteen acres—eight
hundred of it under fence. Iu the summer of this year his
negroes left him with his crop a little more than one-half
picked out. The planter offered his plantation with the
unpicked portion of the crop for sixteen thousand dollars
in gold. Fourteen German families purchased it, and went
immediately to picking out the remainder of the crop,
which nets sufficient to pay for the plantation and some
improvements in building cheap dwellings.. The property
is to be divided into fourteen farms and the plantation mansion
converted into a school house. This does not look as
though white people' need be helpless on the rich soil of
Texas without slavery. We should not be surprised to learn
that these industrious German families, with the assistance
of such colored help as they may be able to hire, will
have made three times the amount in cotton next year
that has ever been made before On this plantation.—Nero
York, Evening Post.