The Sun.
London, England, 1846-02-06 00:00:00

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Feb. 5. 1
(Sittings at Nisi Prins, Westminster Hall, before Lord DEN-
MAW and a Common Jury.)

COWAN V. CRUMP.
This was an action, brought by the plaintiff, who was a
vurneyman cigar maker, living at Red Lion-street, White-
impel, against the defendant, who was a butcher, for the al-
eged negligent driving of a cart by a servant of the de-
endant, en the Eki of September, the result of which was
that .pleinttrwo knocked down, and would have been killed
bat fur the interference of a friend; he wai, however, very
much bruised.
A witness named Alexander, a cigar maker, deposed that
he and plailtiff were standing in the street about a yard out-
side the kele-stone, when the defendant's cart came up, the
shaft of which struck the plaintiff and knocked him down.
Witness seized hold of the horse, and stopped him ; if he
had gone on the wheel must have gone over the plaintiff's
body ; es the cart was approaching the witness saw the
driver reading a paper of some sort ; there was another
tart paining at the time, and there was ample room ;
plain-
was ao mueh injured that he was laid up for some time ;
he could earn about 35e. a week.
Several other witnesses were esiled, and gave testimony
corroborative of the above.
For the defence the driver of the cart WV3 called, and he
deposed that the plaintiff and his companions were standing
in the middle of the street ; that he called out to them, but they
did not move. When the accident happened the plaintiff got
up and seized witness by the collar and threatened to strike
him, but was prevented 'by his companions. Defendant ap-
peared to have been drinking. Witness met him a few days
atter, and he (plaintiff) lanced about and said, " Thank God,
there is n• limbs broken.'—(Laughter.) He asked witness
for an ox-tail for a little solriehment--(Laughter)—and
that he would give him a few cigars.
A woad witness gave 'evidence somewhat to the same
street.
The

found a verdict for the defendant.

COURT OF EXCHEQUEB, Feb. 5.
(Sittings at Nisi Prius, in Westminster, after Term, before
the Loin CILDDP Baaort and a Common Jury.)
JOYCS V. /console.
This was aetios of debt, brought to recover 1601. for goods
sold and delivered, and board aid lodging provided on the
defendant's aceount, for one John Hopkinson, to which the
defendant bad pleaded that he never was indebted.
Mr. Atkinson appeared for the plaintiff and Mr. Knowles
for the defendant.
The plaintiff was a tailor, carrying on business in
tho City, and the defendant was the well-known sporting
character who was connected with the Running Rein affair,
in which he came off a loser of considerable sums of money.
It would appear frem the evidence that some time ago the
defendant was staying at the White Horse Inn, Fetter-lane,
with a friend named Hqpkinson, from whom he borrowed
200/., and, as a return f6r the loan, it was agreed that Hop-
kinson should board and lodge with, as well as obtain clothes
from, the plaintiff for a specified period, at the defendant's
expense. Hopkinson accordingly lived with the plaintiff for
two sears, and was amply provided with food toad clothing,
and supplied with pocket-money at the rate of Bs. per week,
and the present action was brought to compel the defendant
to reimburse the plaintiff, in accordance with the terms of
the agreement made two years ago.
Mr. 11NOWLE3, for the defence, contended that the case
involved a very improbable story, which it was impossible for
any twelve men of common sense to credit for a single mo-
ment. One would imagine that Hopkinson was a helpless
lad, unable to take care of either himself or his money, and
that commiseration for his helpless state moved the defendant
to superintend the disbursement of his money, and see that
he was properly lodged, fed, and clothed. But the fact was
not so; Hopkinson was a full-grown man of thirty years of
age, and just as capable of taking care of himself and his
money as the defendant. At all events, he denied that de-
fendant was liable for the money arid clothes supplied to
llopkinson, although he was ready to admit that he ought
to pay for the board and lodging. And this he had done to
the fullest extent, for he had paid the plaintiff 431., which
was more than the bill made the board and lodging come to.
The LORD CHIEF UARON, in summing up, remarked that
there was an exceedingly wholesome statute in existence,
namely, the Statute of Frauds, which required that when a
party undertook to pay money for another, the agreement
should be in writing, and even at the risk
of sacrificing a desire to do justice to a man who was money
out of pocket, he thought it would be better for them to be
guided by the strict letter of this law.
The jury then retired, and after a rather long consulta-
tion, returned into Court with a verdict for the plaintiff—
Damages, 681.

CENTRAL CRIMINAL COURT.
OLD COURT.

(Before Mr. Justice WILLIAMS and Mr. Justice CRESSWELL.
ALLEGED MURDERS ON BOARD THE TORY.

George Johnstone, formerly captain of the ship Tory, whose
cstie has excited such extraordinary interest, was this day
placed at the bar on an indictment charging him with the
wilful murder of Thomas Reason. There were other indict-
ments, but the charge, in the first instance, was confined to
the murder of Reason.

The Attorney-General, Mr. Bodkin, and Mr. Clerk, were
for the prosecution; Mr. Jervis, QC., and Mr. Huddlestone,
appeared for the defence.
The prisoner, who seemed in a better state of health than
wren he appeared before the magiptrate at the Thames
Police-court, was accommodated with a chair, and seemed
during the proceedings to pay particular attention to the
evidence, more especially where it seemed to go against
himself. He is not by any means a man of unprepossessing
appearance.
aunty-Gestural. rose to state the case. He said
—My Lords and Gentlemen of the Jury, in an important
and serious case of this description, involving as it does the
death of a fellow-creature, and on the issue of which the life of
another person depends,l am sere it will beunnecessary for me
le intrust your catered consideratien and most patient attain-
tien. It is possible that many of the circumstances, which
have already been communicated to the public, have reached
your ears; but you will not be required te be told by me to
distrust these statements, and to act on the present occasion
entirely on the facts which will be sworn to by the witnesses.
In disposing of the anxious and painful duty which is cast
upon me, I have found it extremely difficult, in considering the
proper way to introduce the case to you, to extricate from a
variety of facts and circumstances tkat portion of the witnesses'
statement which applies te the case immediately before the
Cqurt, without wandering into other and less important particu-
lars. I have reflected ever and over again as to the proper course
that I ought to take, and with the deepest feelings of the
responsibility which attaches to me, I trust that in giving
you a sort of connected narration of the whole of the proceed-
snp, so as to enable yea to form a correct
judgment on the subject, I shall not omit to
mention anything which inustice ought to form
part of the case; at the same time j I trust that I shall intro-
duee nothing irrelevant to prejudice the prisoner in your
estimation. We have selected as the first ewe to be ex-
amined into the serious charge against the prisoner of the
wilful mauler of Thomas Reason. The circumstance took
plaeo on board of a vessel named the Tory, in which the pri-
soner was captain, on her homeward voyage. She had, it
appeared, sailed from Liverpool in 1844, for Bombay and
China. Reason joined at Singapore, on her homeward voyage.
She was a vessel of some 608 tons and had a crew of 26 men.
She had sailed from Hong-Kong in the beginning of May,
1845, with a valuable cargo. The vessel was worth (both
ship and cargo) somewhere about 80,0001.—such a charge
would naturally make any man anxious to whose care it was
entrusted, and this circumstance must be taken into consi-
deration in weighing the case. When the vessel left Hong-
Kong she passed the Cape of Good Hope without touching
there, but after doubling it the provisions and water began to
fail. The men were put on an allowance of a quart a day of
water, instead of a gallon, which was the usual quantity
served out. They naturally, under these circumstances,
expressed some discontent and dissatisfaction. The captain
had intended to touch at St. Helens, bat, in consequence of
some accident to his chronometers, he was out in his longi-
tude' and therefore missed the island. He afterwards ex-
pressed his intention to touch at the Island of Ascension,
which might be five to six days' run from St. Helena, and
the provisions and water began to fail more and mere.
On the lgth of September it was supposed by the captain
that they were near the Island of Ascension, and he hove to
and remained there during the whole of the night. In the
eourse of that evening Reason, the deceased, in talking to
some of the men, said that if they did not make the island
in the morning the captain should no longer be Captain
Johnstone. I believe that from someting that will appear in
the course of the trial it seri be seen that these expressions
conveyed no intimation either against the life of the captain
or against his command in the ship. The Learned Attorney -
General then proceeded to detail the facts of the case (facts
which have already frequently appeared in our columns, and
which will be better understood by the evidence), from the
time that the Tory passed the Island of Ascension, the in •
creasing dissatisfaction of the men, the falling in with a
French barque and the reception from her of some provisions
and water and a cask of wine, the prisoner's increasing par-
tiality for intoxicating spirits, the chasing Rambert, the chief
mate, and two other men with a cutlass across the deck, and the
chief mate's going overboard, to the death of Reason, from
wounds inflicted by the captain in the cabin, on the night of
the 24th October. The Learned Gentleman then concluded,
" I have endeavoured, as dispassionatelyl as I could, to lav
all the circumstances of the case ore you. Of the death
of Reason no doubt can be entertained,eltnor of the causes
which led to it. It is impossible for R
the defame of the prisoner may be, nor woilirticipate what
pt to
erreateaprejudiceorprepo,session in your minds 4attempt to
ssate a prejudice orprepo:session in your minds by suggest
present ociLiasTiz
what course may possibly be taken on the
I wish that all the facts should go before von i
and simplest way, in order that you may be enantllirs
°
a dispassionate judgment upon them I therefore tseisfr non
portion of the grounds on which the prisoner may re
defence to be occupied by any remarks on my part. Istiaye
hi,
endeavoured to discharge my duty faithfully, and at the same
time fairly. I will call witnesses to prove the circurnstanices
I have detailed, and without further observation or reason on
the fade, I shall leave the case to your consideration and
The Learned Attorney-general then sat down.
judgment."
Arthur Gilmore Spence was the first witness called, and
was examined by Mr. Bormix,—l was on board the ship
Tory on her voyage from Hong-Keng to England. She be-
longed to Liverpool, and I was apprentice on board. The
prisoner was captain of her, and the crew consisted, on an
average, of 27. No unpleasantness arose on the outward
voy e• We left Hong-Kong for England in May,
eg.
1843; We bad a man named Reason, an able seaman,
wise joined u.s at Singapore. The mates were
Wallin Henry Rambert and William Mars. The cargo was
very valuable, consisting for the most part of tea. When we
hod passed the Cape the wind was favourable, and we made
for St. Helena. The captain assigned as a reason for passing
the island, that his chronometers were wrong,,and that he was,
therefore, out of his longitude. He asked the crew if they
were favourable to a run for Ascension, and theysaid they were.
This might boa run of six days. The provisions were very low
and the allowance of water was a
auqart. The usual
allowance is from six pints to gallon. I was
la:d up at the time and did not hear much murmuring
among the crew; but they seemed
to tthintk:lthait tflemcadpt.ain
lia,l some private rea.on passing t s o a Eva.
An.er nii:sing the island ut Ascension, the mates were called
do:e into the cabin, and,
direr a consultation, it was deter-
minedn to proceed on the lioinwaard voyage. 1 find by the
Jo that: this seas on the 20th Sept. The allowance of
water was, after that, further diminished to a pint a day, aid
the bread to half a pound a day, till it was altogether con-
sumed. This was very soon after the captain had
determinod to make for home. We fell in with
a French barque at eight on the morning of the 23d.
I remember the fact of Itambert's jumping overboard,
although I did not myself see him do so; but from tb.at day
wroeywoznottoinyoprtty comfortably till we made the island of
ashore, and I o'clocko on the 22d October. The captain went
pson,traaanied him. Reason, David Johnstone,
Henry Thom
the boat's crew. Sack, and the other apprentice, were of
to best of my knowledge. The
captain returned onboard
At this time fie,
wawa
same day, and we returned also.
the ship. The captain was in as was on board, in charge of
arinera although he appeared
to have been drinking slightly.
"Dens appeared given
more to drinking after the death of
casion he was rather the worse for dirienrlte. On that oc-
ashore, and he was with the English Constraweirnhe,went
hour and half alone, but whether lie was drii°lleinge4tTa„nl
cannot say. On the day on which Reason died I was in the-
captain's cabin. It was late in the evening, nearly bi.