The Sun.
London, England, 1849-12-18 00:00:00

QUEEN'S BENCH.-(THIS DAY

BARKER V. GODDARD.
This was an action, brought by Messrs. Barker, the
well-known advertisement agents, to recover from the
defendant, a provisional committernan on two unsuccess-
ful railway projects, started in 1845, the sum of 1,3681.,
f.r advertisements inserted in the various newspapers.
The defendant and a gentleman named Harvey pru-
jected the lines, and both of them took an active part
from the commencement to the close, Harvey acting as
the agent of the defendant.
Evidence to this effect was adduced, and the jury
found a verdict for the plaintiff.
GIBBS V. THE LONDON AND NORTH-WESTERN RAILWAY.
This was an action brought by Mr. John Gibos, news-
agent, to recover from the North- Western Railway
compensation, for having deprived him of the profits
accruing from the sale of newspapers at the Euston-
square station.
Mr. M. CHAMBERS (with whom was Mr. Brammell)
said this was a case of some interest to the public, and
he was quite sure that the jury would give their best
attention to it. The case of the plaintiff was, that being
in possession of a stall for the sale of newspapers
at the Euston-square station, which had been
let to him by tne railway company, he was
suddenly prevented from having access to it,
and from currying on the profitable trade of selling
newspapers and periodicals at the station, to the exclusion
of any one else. Such a privilege was of infinite value,
and the plaintiff had derived considerable profit from its
exercise. The plaintiff was formerly in the service of
the company, and in 1846 he was permitted to take pos-
session of the stall in question. Leon after the company
charged him rent, and he agreed to pay 601. a year. This
arrangement was entered into between the plaintiff and
Mr. Thomas Long, the late assistant secretary to the
company, and he should produce the quarterly
vouchers. In 1848 Captain Euish became the
general manager of the line, and very shortly
after he manifested a considerable degree of
curiosity to ascertain the profits which the plaintiff
realised, V. hich he satisfied. Finding that the plaintiff's
business had become most profitable, 'or by great
exertion he had extended it very much, he advised the
company to advertise for tenders for the sale of news-
papers throughout the whole line, and the tender of
Messrs. Smith and Son, the eminent news-agents, was
accepted. The plaintiff would have wiliingly increased
his rent if the company had applied to him to do so.
On the 26th of September, last year, the plaintiff re-
ceived a notice stating that the company had let the
sale of newspapers, and that by the Ist of November
he must cease to do so. He yemonstrated with the
company by letter, but he received no reply.
and on the morning of the Ist of November the plaintiff
and the men in his employment were ejected from the
platform when in the pursuit of his avocation. The
course which the company had pursued was most unfair.
The plaintiff was entitled to at least six months' notice
instead of a month's notice; but the proper time, ac-
cording to the law of tenancy when he should have
given up his privileges was Lady-day, 1850. His profits
would have been increased, and his estimated profits to
Lady day. 1850, would have been 3,0001. Ile should
show the exact number of copies he sold, and he con-
sidered that the jury would agree with him that the
plaintiff was entitled to compensation for the injury
which he had received at the bands of the company, who
had sought to attract the attention of the wealthy in
order to overwhelm a poor, industrious, and deserving
man

Mr. J. Gibbs stated that he was father to the
plaintiff, and remembered his son being in the employ
of the London and North-Western Railway Company
as messenger. Ho assisted his son in managing the
business of a newsvender at the stall at Eustun-t-quare.
He commenced the business shout March, 1846, and
continued it up to November, 1848. The stall that his
son occupied was within the station, and of immense
size, as much as six men could remove. His sin was in
the habit of going there daily as early as six o'clock in
the morning, and remaining there till the last thing at
night, say half-past nine. His son employod a man and
three or four boys besides himself, as the business was an
excellent one. Witness remembered going to the sta-
tion about six o'clock on the Ist of Nov. 1848, and serving
the first train with papers. When the quarter to 7 train
was put on they were ordered out of the station, some
of Mr. Smith's (the newsvender's) men having arrived,
but his son refused to go. The foreman of the station
then called a policeman, and directed him to take his
son away, and he was removed. The foreman then
directed witness to take away the stock, but he refused
to do so, and left the station of his own accord. The
cupboard of the stall at the time contained papers and
property of the value of about 101. Witness was well
acquainted with the extent of his son's business. He
probably sold as many as fifty papers a day away from
the platform of the station. The boys were paid 12s. a
week each, the man 11 a week, and himself 30s. a week.
The amount of his son's gross profit from the Ist Jan.,
1848, to Nov. in the same year was 1,2131 18s. Bid.,
exclusive of the Daily News and the Evening Express.
There were 53,471 copies of the Times sold in the station
during these ten months.

Cross•examined by Mr. WATSON—That was the year
of the French revolution, and a good one for the sale of
newspapers. The boys used to go up to the carriage.
doors to sell the papers, but very seldom to the side
where the trains came in. A man named Lowcock had
the station before his son. His son and himself were told
the night before the Ist of November, 1848, that they
were not to come there any more. His son never
consulted a lawyer to his kno%e ledge till after he was
turned off the station. He did not know exactly what
was inside the stall, but the night before they were told
to take everything away.
Mr. Charles Long, brother to the late under• secretary
of the company, identified the handwriting of Mr.
Saville, the transfer clerk, to certain receipts which had
been given the plaintiff for the rent of the station.
On cross-examination he stated that the cashier of the
company received the rents. Mr. Saville was secretary
to the sick fund of the empany. Mr. Saville is now
under-secretary.
An objection was taken to the reception of the re-
ceipts, first, that Mr. Saville was not authorised to
receive the rent, and secondly, if he were, he was not
authorised to give receipts.
The Learned JUDGE took a note of the objection.
Mr. Robert Saville, the under-secretary, was called
to prove that he signed the receipts and received the
money to which they referred. He had no written or
direct authority either to receive the money or give a
receipt for it. He, however, had a verbal authority
from Mr. Thomas Long, the late late under-secretary, to
do so.

In cross-examination he stated that it was no part of
his duty to receive moneys on account of the company.
The offdirs of the company are managed by a board of
directors, who meet once a month, but there are separate
committees who conduct particular departments, some of
which meet weekly. He was formerly secretary to the
Railway Friendly Society. The 601. received from Mr.
Gibbs as rent went, to the credit of that society. Minutes
are kept of the proceedings of the company.
On re-examination the witness explained that the
entire proceedings of the company were not carried on
by written resolutions, inasmuch as sometimes they were
conducted by verbal directionv.

CRIMINAL CO=EIRT..7__.(THIS DAY.)
OLD COURT.
(Before the COMMON-SEROEANT.)
John Bartholomew, aged 29, a clerk in the office of
the British Banner newspaper, pleaded Guilty to a charge
of stealing several sums of money and forging and utter-
ing forged receipts for money, and was sentenced to one
year's imprisonment.

- Susan Harris, aged 16, pleaded Guilty to a charge of
stealing a gown and other articles, and was sentenced to
six months imprisonment, with hard labour.
George Lewis, aged 15, pleaded Guilty to a charge of
stealing a sovereign, the property of his employer, and
was sentenced to six days' imprisonment, with occasional
whippings._

Isaac—Keats, aged 18, a baker, pleaded Guilty to a
charge of stealing 51. ss. from his master, and was sen-
tenced to six months imprisonment, with hard labour.
John Williams, aged 30, pleaded Guilty to a charge of
pot stealing.
The COMMON SERGEANT asked the officer who had
him in charge if the pots were stolen from the street or
the house? The officer replied that they were stolen
from the street.

The CODIMON-SERGEANT—Ab, rth ! there it is, you see,
it makes all the difference. If a man will leave his pots
in the street, he must expect to have them stolen. When
I meet with pots outside a house, I make a point of
kicking them into the street.—(Laughter.) A man is
hungry,And seeing pots in the street is a great tempta-
tion to biz-- Did the prisoner appear to be hungry ?
The policeman said ho did not. He had some broken
pewter about him.
7110 COMMON-SERGEANT-013, oh! there it is, you