The Sun.
London, England, 1865-10-18 00:00:00

LAW INT,

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

BATEMAN V. TILE GREAT EASTERN RAILWAY COMPANY.

This was an action to recover £lB 13s. damages arising
out of the non-delivery of six watches, aportion of a parcel,
entrusted to the defendants to deliver at Norwich.

Mr. Lewis, of Ely-place, for the plaintiff, stated that his
client, on August 6th last, booked at defendants' station
a parcel of watches, which were consigned to Mr. Budd,
Norwich. Those watches were not ,delivered, and the pre-
sent action was brought to recover the value.

47
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no

His llonour—Doc;any ono appear for the defendants
Mr. Barnard (instructed by Mr. Ashley)—l do.

His Honour—What is your answer?

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Mr. Barnard--The Carriers' Act. Your Honour will re-
member the case of Baxendale and Hart, in which it has
been decided that tho first duty is on the sender. Hero the
value of the goods is £lB, and there is no declaration of
value.

Mr. Lewis was of opinion that the company ought to
have informed plaintiff that he was bound to declare the
value of the. goods.

125 41 5

104

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15; 16

ITIES.

Mr. Barnard said that the Court of Error had expressly
decided that they were not.

Mr. Lewis then urged that plaintiff sued the company in

troyer.

His Honour—How can you prove trover when you de-
livered the goods to the defendants as carriers ? You seek
to make the company liable as common carriers, and they
set up the Carriers' Act, under which you are bound to
declare the value of the goods. You did not do so, and I
ask you how do you get over the defence ?
Mr. Lewis—l elect to be nonsuited.
Plaintiff nonsuitod, and costs allowed to defendants.
A CHEQUE NOT ♦ LEGAL TENDER—JONES V. BOUNSWELL.
This was a case in which the defendant did not dispute
the amount, and, indeed, had paid the debt into court.
Mr. J. A. Farnfield now applied for costs.
Defendant did not think that costs should be allowed,
as he had tendered the money before action.
Mr. Farnfield said that the tender was not a legal one,
as it had been made by cheque.
His Honour—A cheque is clearly not a legal tender.
Defendant--So I have since learned, but my credit had
not expired when I was sued.
His Honour laboured hard to explain to the defendant
that by paying the money into court he had waived all
question of defence, but defendant considered he was very
hardly dealt by, lamented the absence of his attorney, and
thought that his Honour was entirely wrong.
His Honour allowed defendant the costs of attorney.

POLICE INTELLIGENCE.—This Day.

BOW-STREET.

Georgo Welch, a poorly-clad fellow, was placed before
Mr. Vaughan charged with robbery.

Bridget Welch and the prisoner a short time ago came to
the house in which she resided, and as he appeared to be
in a very destitute and starving condition, the other lodgers
with herself, out of charity, allowed the prisoner to sleep
in the place for the night. After this she had occasion to
place her basket of walnuts for safety in the kitchen. After
getting up next morning she found the prisoner had gone
away and taken her basket with its contents with him.
She saw him yesterday again in a state of intoxication,
and she accused him of stealing her basket. He did not
deny it, and as ho refused to tell where it was she gave
him into custody.

Police-constable, 337 A, said he took the prisoner to the
station-house, where the prosecutrix charged him. He
said it was quite true that he had stolen her basket, and
that ho had pawned it for sixpence in Golden-lane.
The prisoner pleaded guilty to the charge.
Mr. Vaughan said it was a most heartless case of robbery.
The prisoner waa given shelter for the night out of a feel-
ing of charity and commiseration for his destitute condition,
and that act of kindness he repaid by robbing the poor girl
of her basket, which formed a principal means of her
getting her living. Ho was told that ho bad only got 6d.
on the basket, and for that small sum he had robbed those
who had been kind to him. He should send him to prison
for 14 days, and he directed the prosecutrix to go to the
place where her basket was detained, and in the event of
the owner of the shop refusing to give up the stolen pro-
perty, to attend at that court again and he would take
steps to compel him to do so.

The prosecutrix thanked his worship and retired.

MARLBOROUGH-STREET.

UNPROYOKED ASSAULT BY A GENTLEMAN.—Mr. Arthur
Charles Davis, of 52, Albert-street, Mornington-crescent,
gentleman, was charged before Mr. Tyrwhitt with assault-
ing Mr. Charles Mills, a medical student, residing at 55,
Guildford-street, Russell-square.

The complainant said he was in the Flying Horse
Tavern, Oxford-street, last night, taking somo refresh-
ment, when, without the least provocation, the defendant
knocked him down and struck him several times while he
was on the ground. Ho then sent for the police, and gave
the defendant into custody.
The defendant asked the complainant whether he bad
not made remarks about him, and he said he had not.
Mr. Frederick Buswe]l, of 16, Stamford-street, said he
was in the tavern taking a glass, and he saw the defendant
strike the complainant without any provocation. Both
persons were strangers to him, and he had attended at some
931 trouble.

A police-constable said that hearing last night a noise in
the public-house he looked in and saw the defendant
striking somebody who was lying down.
The defendant said the complainant was making re-
marks over the bar. He asked the complainant if they
were meant for him, and he replied " Yes, if you like.'
He then invited the complainant to put up his hands, and,
on his doing so he struck him.
Mr. Anthony Hart Davis, brother of the defendant, said
he heard the complainant making offensive remarks, say-
ing that persons came to the house and pretended to be
gentlemen, giving themselves airs. The complainant put
up his hands, and then there were blows exchanged be-
tween the complainant and his brother.
Mr. Buswell said he did not believe the last witness was
present.

1051 6

- Mr. Tyrwhitt said he considered it an unprovoked
assault altogether by a person who, from his dress, one
would think would know bettor.

The defendant Was fined 40s. or a month's imprison-
ment.

SAVAGE ASSAULT BY A FEMALE.—Sarah Thompson, a
young woman, was charged before Mr. Tyrwhitt on a war-
rant with violently assaulting a young man named Edward
Cainling, of 23, New Church-court, Strand.
The complainant, whose head was bandaged, said that
on the night of Saturday week he was having a fight with
another man in a ginger-beer and ice shop near the Tot-
tenham-court-road, when the prisoner seized up a ginger-
beer glass and struck him a violent blow on the head with
it. The glass broke and he was frightfully cut. The pri-
soner then stabbed at his head with the broken glass, in-
flicting another severe wound. He fainted, and was taken,
smothered with blood, to the North London Hospital, where
he had had to attend ever since. [The complainant here
exhibited the shirt he was wearing at the time, and it was
saturated with blood.]
Sergeant Head, 2 E, said he found the complainant
bleeding from wounds on his head, and while he was as-
certaining how he came by his injuries, the prisoner, who
was present, ran away. He took the injured man to the
hospital, where the doctor said the wounds were very bad,
two veins being cut through. The prisoner was yesterday
taken on a warrant.

The prisonor said that the complainant was at the time
fighting a young man she lived with.
Mr. Tyrwhitt said that striking a man with a glass was
a very serious affair. He should fine tho prisoner 40s. or a
month.