The Sun.
London, England, 1849-12-01 00:00:00

NV IN

Mr. PRENTICE, on the part of the defendant, con•
tended that reasonable suspicion attached to the plain-
tiff, and that the defendant did no more than any one of
the jury would have done under similar circumstances,
The jury, taking a different view, found a verdict
for the plaintiff—Damages 501.

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Pius, at Westminster, before the LORD

CHIEF BARON and a Special Jury.)
ERINNER V. THE LONDON AND BRIGHTON AND SOUTH
COAST RAILWAY COMPANY.
This was an action brought by the plaintiff, residing
at Walworth, and the inspector of Haw kern' Licences at
Somerset House, to recover compensation for the loss of
three of his teeth which he sustained whilst travelling
from Brighton to London on the defendants' railway, on
the 12th of July, 1847.
Mr. W. H. Watson and Mr. E. James were counsel
for the plaintiff ; and the defendants were represented
by Mr. Ru,sell Gurney and Mr. Bramwell.
It appeared that on the 12th of July, 1847, an excur-
sion train to Brighton and back was engaged the carry
the members of the Printers' Pension Society, and the
plaintiff was travelling to town by the train in the even-
ing. Between half-past nine and ten on that evening a
Croydon train proceeding to town had stopped on the
line between the Annerley and New Cross stations, in con-
sequence of observing a train a little ahead, stationary.
The excursion train from Brighton, in which the plain
tiff was travelling, came up in this state of things, and
ran into the Croydon train, and in the concussion the
the plaintiff had three of his teeth knocked
out. These facts were given in evidence on
the part of the plaintiff, and also that the
defendants had compensated parties travelling in the
Croydon train, which was run into by the excursion
train.

On the part of the defendants, it was contended that
they had only made a contract for the day with the
Printcrb' Pensi( n Society, and that the Pension Society
was liable for any injuries the phintiff had received
and not the defendants.

At the conclusion of the plaintiff's case,
Mr. R. GURNEY, fur the defendants, submitted that
the plaintiff's declaration was defective, in that it set out
that the plaintiff eras travelling in the train which was
run into, whereas the evidence given for the plaintiff
allowed that he was travelling in the train whic'a ran into
the stationary one.
Mr. WATSON contended the that was not a material
variance, and even if it were, his Lordship would permit
the p'aintiff to amend it.
The LORD CHIEF BARON retired to consult his
brother Judges on the point, and on his return he said
they concurred with biro in thinking that the plaintiff
blight be at liberty to aniPnd by withdrawing the record,
the opposite party to plead de novo, and, if they thought
ht, to pay money into Court.
Mr. WATSON would assent to the suggestion of his
Lordship and withdraw the record, but he could not help
saying that the defence which had been made was most
disgraceful on the part of a public company.
The LORD CHIEF BARON would not allow Mr. Wat-
son to indulge in such expressions. If he had a com-
plaint of that sort to make, he should make it at another
time, when it could be urged with some success before
another jury. The present jury had nothing to do
with it.
Mr. BRANWELL apprehended the plaintiff would pay
the costs.

The LORD CLEIEF BARON would say nothing about
costs; he would reserve that question. lie did not allow
the amendment without costs. If the plaintiff withdrew
the record he must pay the costs.
The plaintiff then withdrew the record on the above
conditions. and the case concluded.

- - - ------- -
CRIMINAL COURT.—(THIS DAY.)
OLD COURT.
(Before Mr. Baron ALDERSON and Mr. Justice
CRESSWELL.)
Joseph Radley Riddell, 34, and William Moore
Eclipse Riddell, 29, described as chemists, who were tried
yesterday for stealing and appropriating to their own
We certain property belonging to their employers,
ideesrs. Pontifex, the well-known copper and iron
Manufacturers, when Joseph was found guilty and
William acquitted, were again placed in the duck this
nce,
Morning charged upon another indictment for a similar
Ore
The prisoners :are brothers, and it appeared that
"lueph, the eldest, held the situation of manager, at a
blacklead and chemical manufactory belonging to
kes,rs. Pontifex,:at Miliwall, Poplar, and received for
his services a salary of 5001. a-year. William had also
the
the instance of his brother, been employed as clerk in
loe work at a salary of 1501.
...Mr. Sergeant Wrexpes said, after the opinion which
'll'. Justice Cresswell had given yesterday with respect
to the law bearing upon the case, and also after the view
Ithieh had been taken by the jury of the facts, he
thought
, it would neither be respectful or proper to de-
:lid the prisoner Joseph upon the present charge, and
4, had been requested to state that he now withdrew
"Is Plea of Not Guilty and pleaded Guilty.
The prisoner Joseph then pleaded Guilty.
green-house
charge against them was for having erected a
tieen-house at their own house in Burleigh-street, Green-
:Ph, with the materials of Messrs. Pontifex, and by aid
"1 men in their employ. It appealed that several men
Werel
engaged for a considerable time in preparing iron
-114 wooded battens for the green-house, and that its
eerection in Bur:eigh-street, upon which several were
dPloYed, occupied fourteen days, and this proceeding on
e Part of the prisoners were entirely unknown to, and
,elthont the sanction of, Messrs. Pontifex, who bad given
:424etions that nothing should be removed from Mill-
wall without some authority being sent from their other
11()rk2 in Shoe-lane. Both the prisoners, it appeared,
hod cn a factory of their own in partnership at Lea-
r• BALLANTINE contended, on the part of the pri-
soner William, that he had acted entirely under the di-
keetion and control of his brother Joseph, who had the
Ithegement of the works.
Several witnesses were called as to character.
Mr. Justice CRESSWELL having summed up,
.ss"ble jury found a verdict of Guilty.
`"r. CLARKSON said he had been requested by Messrs.
d:htifex to recommend William to the merciful consi-
ration of the Court. With respect to Joseph, he might
-3., that bad that which was disposed of by the jury
opteraay been the only, or anything like the only
theellee, Messrs. Pontifex would not have appeared in
'court as prosecutors.
kr. Baron ALDERSON—To what extent have the pro-
ectators been robbed?
Ce.eansoer—As far as Joseph is concerned, I
4Y say the 1 has been considerably above a thousand
pound loss
Junk 1 Justice CRESWELL, in passing sentence, said
fiee,4 Was placed in a position of great trust and con-
fore'le, and was paid on a most liberal scale, and, there-
tek; nothing could be more base and wicked than to
to advantage of the opportunities afforded him
thatr% his matters. There could be no doubt
for a system of plunder had been going on
114,7, considerable time, and though their masters'
116(0,e,"348 had been excited by rumours which had got
in th 7, and they had been:cautioned, they still persisted
Aas sir dishonest course. His brother, William, however,
Qom Itllt different situation, and was entitled more to the
sit Passionate consideration of the Court ; he got his
tee-e`ton through the influence of his brother, and being
his control and dominion, he perhaps was less in-
brotell!, i
to resist any temptation held out to him by his
thereto to join in any dishonest practices. He would,
of tttre, make a marked distinction in the punishment
the fir two prisoners. The sentence upon Joseph upon
is isle', charge was, that he be imprisoned for one month
P„lcae,wdg,t9: and on the second charge, to which he
'he B.h.hiility, that he be transported f r seven years.
With upon William was, that he be imprisoned,
perioci hardo labour, in the House of Correction for the
The Ltwelvo calendar months.
Prisoners were then removed.

03910 NEW COURT.
111 Alderman CHALLIS and the COMMON LvER-
, TWO 10 GEANT
'Terp • As, named Mart;n and Patrick Kelly, brothers,
Indicted for stealing a piece of cheese. ,
pre
of th •
litlizi la then had crept into a. cheesemoor s shop,
Ways hang his hand on the first piece that came in his
ahAt, trausferred it to his brother, who was loitering
and
,' the door, but a policeman had his eye upon them,
f.l.rfore they could decamp they were in his custody.
iautcriry found then Guilty.
hoz t 14-I.t ICAIy, the father of the lads, stepped into the
The give his sons a character.
p_.I.._C.O3IMONT SERGEANT—Well, Kelly, lam afraid
E,LI i:ltf.l3 a bad boy.
ahl:-: ..ather—Arrah, now, I nivir saw anything bad
„ ThLohj3„*„
vh, n_. --,VIoN,SEacEANT—You never saw anything.
4„„
ou•_
ti. erhaps you will not see.
,t° f','?, aer—l have got a sartiffikit of rny character.
1,(.:; 'k.:,OMAON SERGEANT—But no one disputes your
Th'a. her—S r
Nad f,traiit, , ue, now, but its a character for myself
The
sev.4ig Co
.. Mo at SzsglAtiT—Oh, indeed. That is worth
4,et

QUEEN'S BENCII.-(THIS DAY.)
(Sittinga at itii3i PrIUS, before Mr. Ju6tLee WiGHTMAN
and Conlaym Juries.)
TIMOTHY V. ROSE.

This was nil action to recover compensation in damages
for the injury which the plaintiff had sustain( d by reason
of having been given into eust,dy by the defendant on
a charge of felony. Both plain:ill! and defendant are
tradesmen in Touley-street, the that being an uphol-
sterer arid the second a clothier and jewelltr. In 1843
the plaintiff, whilst et a public-house in the neighbour-
hood, met a sailor, who asked him if he
could r( commend him to any person who
would cash him an advance note for 2/. ss.
Knowing that the defendant was in the habit of trans-
acting such business, though be had no acquaintance
with him, he rteommended the sailor, whose name was
Raven, to apply to him. The plaintiff accompanied
him to the shop of the defendant, who cashtd the
note, the sailor receiving as part of it a cap and umbrella.
Shortly after the defendant found that the note had
been forged, whereupon he gave the plaintiff into
custody on the charge of forging the instru-
ment. After being four hours in custody he was
taken before a magistrate and discharged on entering
into recogniaances to appear to answer the charge
whenever be would be called on to do so. A short time
after the sail( r was taken into custody, and was con-
victed of having forged the note in question, and others,
and was sentenced to twelve months' imprisonment. The
plaintiff now sought compensation for the injury which
he had sustained in his character and business by being
token into custody on such a charge.
Mr. Humfrey and Mr. Charneck were for the
plaintiff.