The Sun.
London, England, 1862-02-03 00:00:00

LAW IIV BLLZGENCE.—(This Day.)

EXCHEQUER CHAMBER.
ERRORS FROM THE COURT OF QUEEN'S BENCH.
;Before the Lord Chief Baron Pollock, Lord Chief Justice
Erle, Justices Williams and Keating, and Barons Wilde,
Bramwell, and Channell.)

JUDGMENT--HARWOOD V. THE GREAT NORTHERN RAIL-

WAY COMPANY.

Lord Chief Justice Erle in giving his opinion, at great
length, which was ultimately the judgment of the Court,
said—the declaration in this case is for the loss of a dog
that was to be carried by the defendants, belonging to the
plaintiff, according to agreement. The Court below held
he was entitled to recover the value of the dog, £2l; and
the question is whether on the facts proved he is now en-
titled to hold that judgment. His lordship on considering
the several clauses in the railway act, observed that the
plaintiff had not paid the additional insurance for an
extra valuable risk above £5. The plaintiff only
paid 35., which included an ordinary risk,
whereas he should have paid lie, for an extra
risk on the dog which was accidentally killed, and on this
ground, and considering the decisions of the court in similar
cases, his lordship was of opinion that the decision of the
Court of Queen's Bench should be reversed, and judgment
given for the defendants.
Mr. Baron Wilde was of a contrary opinion, and thought
that the decision of the Court of Queen's Bench, in favour
of the plaintiff, should be affirmed.

Mr. Baron Bramwell, Mr. Baron Channell, Mr. Justice
Williams, and Mr. Justice Keating were of the same
opinion as Chief Justice Erie.

The decision of the Court of Queen's Bench was re-
versed,

POLICE INTBLLIGENC.E.—(This Day.)

MARLBOROUGH-STREET.

UNPROVOKED ASSAULT.—COMMITTAL WITHOUT A
FlNE.—Edward Mullaby, a rough-looking young man, was
charged with a violent and unprovoked assault on Mr.
Philip Willis, of 26, York-street, Bryanston-square.
Mr. Willis was passing a beershop where there had been
a concert, on Saturday night, near Tottenham-court-road,
just at the time the company were being turned out, when
the prisoner as soon as he left the house, went up to him
and knocked off his spectacles, and gave him a violent blow
in the face, not the least provocation being given. Fortu-
nately the assault was witnessed by Stone, 137 E, afid Mr.
`Willis would have met, doubtless, with very severe treat-
ment, as a ring of ruffians was at once formed round Mr.
Willis.

Mr. Tyrwhitt said he should commit the prisoner for six
weeks. There should be no fine, as it was an unprovoked
and ruffianly assault, and it was only a pity that the pri-
soner had not met with some one who would have given
him a good punishing for his conduct.
The prisoner was then committed for six weeks.
Stanislas Walliewitz, a Pole, and who has been once con-
victed; was charged before Mr. Tyrwhitt as follows :
Sergeant Thomas, of the Detective Department, Scotland••
yard, said—On Saturday night last, while with Sergeant
Wallis in Soho-square, I met the prisoner, and knowing
him as a suspected person, I asked what he had about him.
He replied, " Nothing." I told him I should take him to
the station, and did so, and on searching him I found a
gold Geneva watch, maker's name " Bennet," with the
number, 1,702, on the case. I asked the prisoner where he
got the watch from, and he said he bought it and the
Albert chain of a Frenchman about three months before.
I also found a pin on the prisoner, which he said he bought
in Cheapside. I have every reason to believe the watch to
be stolen, and the prisoner is well known, and has been
convicted.

Prisoner—l bought the watch and chain of a French-
man at the Cafe de la Regence, Windmill-street, for £5
10s., the man stating he was going to France.
Mr. Tyrwhitt—Are you sure, sergeant, he said he had
nothing about him ?

Sergeant Thomas—l am, your worship.
Mr. Tyrwhitt—l shall remand the prisoner tillWednes-

day.