The Sun.
London, England, 1838-08-24 00:00:00

RANGER V. GREAT WESTERN RAILWAY COMPANY.

......- _
The LORD CHANCELLOR, at half-past five, adjourned this
case until to-morrow.

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT, BRISTOL, AuG. 22.

STAITE AND ASH V. WEBB, REPRESENTATIVE OF THE BRISTOL

STEAM TOWING COMPANY.

•
Mr. Erle, with whom was Mr. Butt and Mr. Marshman,
appeared for the plaintiffs ; Mr. Serjeant Bompas, Mr. Crow-
der, and Air. Stone were counsel for the defendant.
It appeared that the plaintiffs are iron merchants in Bristcl,
and the defendant a partner in the Steam Tug Towing Com-
pany. In March last, the plaintiffs had a cargo of iron coming
from Cardiff in the smack Charles, which, on ber voyage from
Cardiff to Bristol, ran ashore in Chewstoke Bay, lost her rud-
der, and became very leaky. The plaintiffs being informed of
this circumstance hired the *Lioness steam tug-boat, for the sum
of 5/., to go down and bring her up. The Lioness went down
accordingly, and took the Charles in tow. Coming up she
took two other vessels, the Friends and the Szvfft, also in tow.
Having entered the Bristol River, when opposite a part called
the Powder-house, the Charles was run upon a rock, about 25
yards from the Powder-house, and sank immediately, and but
for the timely cutting of the ropes the steamer would have
sunk with lin.. Immediately upon this occurring the plaintiffs
gave the defendant notice that they should hold them respon-
sible for the damage, which was estimated at 3/. per ton for the
iron, making 1211., and 741. expenses incurred in raising the
vessel, for which amounts the plaintiffs claimed.
Witnesses were called who proved the hiring of the Lioness,
and that she had taken too many vessels in tow ; also, that
when she got into the particular eddy of the tide which sets
in at the Powder-house, the Captain of the Lioness ordered
them to port the helm, which brought the Charles nearer the
shore, and she immediately struck on the rock and sank.
Mr. Serjeant BosaPAs, for the defendant, contended that no
n-gligence or want of proper skill had been shown ; the
Lioness had taken the other vessels in tow for the purpose of
causing her to steer better with the Charles, which having
no rudder was unmanageable, and, in point of fact, they were
in the habit of towing several vessels, being capable of towing
vessels of five or six hundred tons burden, whole those she had
then ih tow were not of one hundred tons burden. The fact
was that the Charles being unmanageable, when they came
opposite the Powder-house the eddy tide ran so strong that,
notwithstanding the steamer immediately reversed her engines,
the accident, as the Captain said, was unavoidable, and to pre-
vent the Swift running into them astern, the Captain cast off
her tow rope, and ordered her to put her helm hard a-port, in
crder that she might sheer off. The Charles having broken
by the force of the tide the tow-rope with which she was
lashed to the steamer, sheered her bow off and ran upon the
rock and almost instantly sank. As regarded the iron, he
contended that it had been damaged by the salt water in
Sand-bay, where the Charles ran ashore and became leaky.
Several witnesses were called in support of this view of the
case.
Mr. ERLE having replied, and the Learned Judge summed up,
The Jury returned a verdict for the plaintiffs—damages
1451. 12s. 3d.-355. per ton damage to the iron, and 741., the
cost of raising the vessel.
CORMACK AND ANOTIIER V. WEBB. —SPECIAL JURY.
This was a similar action to the last, only brought by the
owners cf the Charles to recover compensation for the loss of
the vessel. The Learned Counsel went at great length into
an argument as to whether the plaintiffs could sue, as there had
been a special contract with Stake and Ash and the proprie-
tors of the Lioness, and no contract with them, and it was at
last settled that without calling evidence, a verdict should be
returned for the plaintiffs on the second count, with leave for
the defendants to move for a nonsuit.

BARKER V. SMITH.
This was an action brough by a tenant against his landlord
for an illegal distraint ; the facts proved that the tenant had
been removing his furniture by night, and the landlord having
consequently distrained upon the rubbish left in the house,
which was appraised at IL 155., finding that the tenant had
left the house open without any occupant, put a padlock on
the door to preserve the grates and other fixtures.
The Learned JUDGE said it was a most trumpery action,
but however, as the landlord could not (under the pleadings)
be justified in putting the padlock on the house, he should
direct a verdict of Is. damages, and he regretted he could not
certify against the costs.
RICKETS V. FROST.
This was a complicated action of debt which was disputed
and set-off; unlike most cases of this nature, all attempts to
allow it to be settled by arbitration were obstinately refused,
and at twelve o'clock at night, when the Court adjourned, the
witnesses for the plaintiff were still being examined.

CRIMINAL COURT-THURSDAY.

FORGERY.

George B. Rogers (remanded from last Session) was in
dicted for uttering a forged acceptance to a bill of exchange
for 501., with intent to defraud Mr. John Dawson.

The report of this trial appeared in our columns yesterday.
Mr. Justice BOSANQUET summed up at great length, re-
capitulating the whole of the evidence; and the jury, after a
short consultation, returned a verdict of " Guilty of uttering a
forged bill of exchange, knowing it to be forged."
The prisoner was well attired in a black suit, partly resem-
bling a clerical dress, and partly that of the Society of Friends.
THE ATTEMPTED MURDIa AND ROBBERY IN KENSINGTON
FIELDS.—John Brown, alias Speechley, 20, described as a
labourer, was indicted for feloniously shooting at James Gale,
sen., Esq., with a loaded pistol, with intent to kill him. In
other counts he was charged with intent to maim and do
bodily harm, and to rob the prosecutor.
Mr. James Gale, sen., stated that he was a half pay
Lieutenant in the army, and resided at Notting-hill, Kensing-
ton. On Saturday, the 21st of July, I went out to walk with
my children, a boy and a girl. I turned into a lane from Cam-
den-road, and when in an angle of the lane, as I raised my
head from one of the children, I saw the prisoner standing with
his face to me. His arms were at first down, but he raised
them, and presented at arm's length two pistols at me, exclaim-
ing " Your money !" I put the children aside to prevent in-
jury to them, and then said to the prisoner, " Money, indeed I
not I," and, suddenly thrusting his arms asunder, I sprung
upon him. I then felt a ball, fired from the pistol in his left
hand, strike me on the upper part of the thigh. Upon Ow:
ing with the prisoner I received a tremendous blow.
wrested the loaded pistol from the prisoner's right hand, al 4
presented it at him as he tore away from me. I pulled the
trigger at him, but the pan merely flashed. When the pri-
soner ran away I called out " Stop him ! stop him and he
was secured shortly after. When searched there were found
upon the prisoner bullets, ?cm der, a phial containing more
powder, and a formidable bludgeon. The ball caused a wound
on my thigh. It had struck the coin in my purse, which con-
tained sovereigns on the one side and silver on the other.
The Jury pronounced a verdict of Guilty.
Mr. BODKIN observed there was another indictment against
the prisoner for a robbery on Eleanor Auterac, and stealing
an eye-glass and chain, value 2/., her property, two days prior
to the attack on Mr. Gale, and near the same spot.
The Learned JUDGE said that aft. r the conviction there was
no occasion to proceed with it.
Their Lordship§ retired at half-past five o'clock, and were.
succeeded by t..l:e Recorder, before whom the trials proceeded
up to nine o'clock. Several unimportant cases were ied.
blt EIZS. —Myers, the su'gcon, did not ~urreli!or ()wing the
day. It is understood that he hill abide the fi.iding of the
Grand Jury.