The Sun.
London, England, 1846-12-26 00:00:00

INTERESTING DECISION—THE
METROPOLITAN POLICE.
During the past week Mr. G. Clive, the sitting magis-
trate at the Hammersmith Police-court, decided a case
of considerable importance to the public at large. The
case was brought before the magistrate for investigation
by the especial order of the Commissioners of Police,
having arisen under the provisions of the Police Act
(2d and 3d Victoria, cap. 47, sec. 67), which enacts,
" That it shall be lawful for any constable to stop and
detain, until due inquiry can be made, all carts and car-
riages which he shall fin& employed in removing the
furniture of any house or lodging, between the hours of
eight in the evening and six in the following morning,
or whenever the constable shall haie good grounds for
believing that such removal is made for the purpose of
evading the payment of rent."
Police constable, William Ravening, T 113, was
charged on a special sheet, with having illegally stopped
goods from being removed.
Major John Bartleman deposed that he was an officer in
the Honourable East India Company's service, residing
at 31,- Addison-road North,-Notting-hill. On the 2d
inst., between three and four o'clock in the afternoon, Mr.
Coulson was removing some furniture from witness's
house by witness's direction, when the defendant came
up and seized the property right in front of witness's
house, saying that he should nut release it until a receipt
was shown. Witness asked the defendant what re-
ceipt he meant, -but he would give witness no direct
answer until witness pressed him very hard, stating
that there must be a mistake somewhere, as witness had
been only three or four days in the house. Defendant
said the receipt he wanted was the landlord's, for rent;
whereon Mr. Coulson suggested to the defendant that
the receipt he wanted was ;or the furniture then being
removed. Witness also told the defendant that there
was no rent due, and that he should go and inform the
landlord; but the defendant refused to release the goods
until Mr. Richardson's (the landlord) nephew came and
said there was no rent due. The defendant then said he
had never asserted there was rent due, and that be had
required no receipt for landlord's rent. Defendant also
said he acted under the orders of Sergeant Blun-
dell, T 9.
The defendant, in answer to the charge, pleaded that
he had acted under the orders he had received from
superiors, and called for his defence
Charles Amos, T 151, who deposed that one day
the latter end of November last, Mr. Coulson, upholder,
of High-street, Nutting-hill, asked witness if he was on
duty in Addison-road, North, as he wanted the police to
have a sharp look-out at No. 31 in that road, as he ex-
pected there would be some goods removed from there,
and that if he saw anything removed they were to stop
them and let him know, as the gentleman had had some
goods of him (Mr. Coulson) to the amount of 31l or
321, and he had heard a very queer account of him.
Witness told Mr. Coulson he did not go so far as Addi-
son-road North, but he would report it to his sergeant,
on which Mr. Coulson thanked witness, who reported
what Mr. Coulson had told him to his sergeant when he
came round. Witness afterwards told Mr. Coulson that
he had reported it to his sergeant, when Mr. Coulson
said he was very sorry that he had told witness as he
was likely to lose a hundred pounds customer through
the things having been'atopped, and that if the gentle-
man came to witness, he (witness) was to say that Mr.
Parker had been to witness.
George Dunbar, T 91, deposed that he received in-
formation from the last witness about the goods likely to
be removed from No. 31, Addison-road North. Knowing
Mr. Coulson to be a house agent, he thought it was for
rent the goods were to be stopped. Nothing was said by
Amos to witness about rent. Witness told Inspector
Havell that he thought it was for rent. Witness also
told Sergeant Hogan the same.
Inspector Havell, Sergeant Hogan, and others corro-
borated the evidence of the preceding witnesses.
Mr. CLIVE asked Inspectors Morgan and Havell, who
were present, if private constables were expected to obey
the orders of their superiors, without any inquiry or
exercising any discretion themselves ?
The inspectors replied that the private constables
were expected to do so.
That being the whole of the evidence in the case,
Mr. CLIVE, after some consideration, declared it to be
his opinion that there had been great negligence on the
part of the police in taking and giving instructions on
the subject of the removal of goods, without 'having
previously satisfied themselves that the case was one in
which they were by law entitled to interfere. That
they were deceived by Mr. Coulson appeared very evi-
dent, but great blame must still be imputed to them for
allowing themselves to be so easily deceived, especially
when the slightest enquiry would have at once set the
matter right, or at all events have thrown the responsi-
bility on Mr. Coulson, who was the proper party
to bear it. He might also observe that the common
precaution of obtaining a written instruction from Mr.
Coulson was neglected. In the case before him,
although the orders emanated from authority, yet
the whole proceeded from the report of a private
constable, itself caused by mere word of mouth
information from an ink rested creditor, never sifted or
inquired into at all. It therefore appeared to him that
all the ceremony of transmitting orders from superior
authority might be avoided, if, after all, one private
constable acted at last upon the information of another.
At the same time, the effect was to render the private
constable less responsible and snore indifferent than if he
acted on his own authority in this case. It was clear
that to fine the defendant Ravening would be to punish
a man for obeying lawful authority, and therefore the
effect of the system was that no person is punishable at
all. He however felt that he should not be performing
his duty to the public if he did not fine the defendant,
but he would defer his final decision as to that point
until a future day.
On the case being again called on, Superintendent
Williamson and Inspectors Morgan and Haven were
again in attendance to watch the case on the part of the
police commissioners, when
Mr. CLIVE, addressing the defendant, said, that what
he had stated to be his opinion on the case, on
the previous occasion, he had only to repeat
again. Ile bad in the interim well considered
all the points in the matter, and was of the
same opinion still, that the defendant was placed in
an unfor:unate situation, but that he (Mr. Clive) must
fine him in the full penalty of 101., or a month's impri-
sonment, and leave him and all other constables to get
oat of it the best way they can. In doing so he felt him-
self bound to look to the hand that does the illegal act,
and to punish that individual.
The defendant was then removed by the gaoler to the
lock-up, but the money was shortly afterwards paid by a
relative.
Mr. Clive afterwards entered the following remarks
upon the charge sheet, with a view to their being laid
before the Police Commissioners :
" It is with great regret that I have passed this sen-
tence. It is a case in which the present responsibility of
the constable is found unfortunately conflicting with his
duty, as a member of the police force, to his superiors.
On the part of the public, however, I must look only to
the individual guilty of the illegal act, and cannot allow
him to escape from his responsibility by pleading the
commands of his superiors. The inconvenience result-
ing from a constable occasionally refusing to obey an
order on account of his belief that it is mistaken or illegal,
is less than the evil to the public arising from the abso-
lute irresponsibility of an officer who may at any time
shield himself behind the orders of his superiors."
We understand that the Commissioners of Police have
since suspended the constable from both duty and pay,
without any limit being stated to the suspension.

RAILWAY INTELLIGENCE.
ON DITS AND GOSSIP.

The shareholders of the North British have prepared
a requisition, calling upon the directors to convene a
special meeting to consider Mr. Hudson's offer for the
purchase or lease of the line. This requisition has eli-
cited an advertisement from the directors, requesting the
shareholders to suspend all proceedings in the matter for
the present. It is, therefore, concluded that negotiations
are pending.

The direCtors of the Manchester, Midland, and Great
Grimsby have declared their intention to wind up the
cor.cern. It appears from an official statement that
31,220 shares were paid upon, producing 42,9271. 10s.,
being 11. 7s. paid per share. The directors state that they
intend to return 4s. 6d. per share, after all the liabilities
are paid.

The London and York have just purchased the East
Lincoln-shire, which extends from Boston to Great
Grimsby, where it joins the Great Grimsby and docks.
The terms are 6 per cent. on the capital to be expended,
with the option of taking London and York shares at
par, when that line is completed.
The certificates of the shares in the Birmingham and
Oxford Junction have been issued at Birmingham; and
to afford convenience to shareholders, they have been
supplied to the brokers in all the large towns.
The Eastern Counties and Great Northern, it is said,
are about conjointly to erect two immense docks at
Wisbeach, in connexion with their lines there. One of
the docks will cover an area of thirteen acres.

The Southampton and Dorchester have applied to the
Town Council of Poole to learn upon what terms they
will sell the quays. . _

The Greats' Western are to lease the Wilts, Somerset,
and Weymouth, and to make application to Parliament
for powers to extend the line. In the event of the
powers being obtained an alteration will be made in the
course of the railway between Pilcombo, near Bruton,
and Rodden, near Frome. Alterations will also be made
near Bradford in the course of the branch to Bathampton.
The South Devon are reported as being about to lease
the Ashburton and Newton. The terms are stated to bo
five per cent.

ACCIDENT TO THE HON. GRANTLEY .13BRKELET.--
On Thursday last, the Hon. Gentleman being engaged
to shoot at Heron Court, the seat of the Earl of Maims-
bury, finding himself somewhat later than his appoint-
ment, he rode his horse over the rails into the pleasure
grounds. The spirited animal on which he was, having
jumped very freely on landing in the pleasure grounds,
he was obliged to swerve suddenly to the lett, to prevent
contact with the laurels. The heavy double gun on the
right arm, and the sway of the shotbelts, threw so much
stress on the left leg, that, though the rider was not
shaken in his seat, he retained it with a severe strain to
the bad: tendon of the knee. The Hon. Gentleman was
obliged to return home on wheels ; but the accident is
not considered of any serious consequence, rest being all
that is required.
RAILWAY TRANSIT A REMEDY FOR THE SCARCITY
OF MILK IN THE METROPOLIS.—The great scarcity of
milk among the milk dealers in the metropolis at Christ-
mas has for many years been much felt; but by ar-
rangements made with country dairies, great quantities
of milk were yesterday imported into London by rail-
way, and a very-plentiful supply of milk was had from
Essex, Hertfordshire, and Hampshire; large cans of
milk are daily transmitted to the metropolis by the
various railways.