The Sun.
London, England, 1846-03-05 00:00:00

ASSIZE INTELLIGENCE.

HOME• ClRCUlT.—Chelmsford, Mara 4.
The Commission of Assize for the county of Essex
was opened on Tuesday, by Mr. Baron Alderson.
There were only forty-two prisoners for trial, and on
the civil side twenty-three causes, four of which are
special jury cases.
Both Courts proceeded to business this morning, the
Lord Chief Justice presiding in the Crown Court, and
Mr. Baron Alderson at Nisi Prius.

(CIVIL SlDE.—Before Mr. Baron Aunt:sox.)
DEW V. BURGESS AND OTHERS.

This was, an action brought by Mr. John Henry Dew
against the defendant, Capt. Polhill, M.P., and another
gentleman, as the responsible members of the provi-
sional committee of a projected railway, called the Great
Leeds and London Direct Railway, to receive compen-
sation for his own cervices, and for money 'he had
expended on behalf of the company, to their use.

Mr. Montague Chambers and Air. Hawkins were for
the plaintiff. Mr. Sergeant Shee and Mr. Hance ap-
peared for the respondents.
Mr. Citasenents, in addressing the jury for the plain-
tiff; said that this was one of a very numerous class of
cases that would in all probability engage the attention
of courts of law and gentlemen in their position. The
defendants were sued as:the projectors of a line of rail-
wa) branching from the Eastern Counties line to Leeds,
and which was called the Great Leeds and London
Direct Railway, and the project was brought before the
notice of the public in August last. The jury were
aware that at this period there was very great excitement
in the public mind upon the subject of railways, and a
number of lines were projected, the names of noblemen
and gentlemen of influence being, in many instances.
added to the prospectuses solely for the purpose of giving
apparent stability to the undertaking, and inducing the
public to take shares. He did not propose to trouble
the jury with going through a detail of the particulars
stated in the prospectus of this company; it would be
sufficient to state, that they represented there were no
engineering difficullies, that thegradients were remarkably
easy, that there were no ornamental properties to be in-
terfered with, and that, in fact, it was to be one of those
lines which at that period were so full in :promise, and
which was to cost very little, and to yield a very large profit
in the shape of interest upon the capital expended.
The effect of these measures upon the mind of the
public was such that he believed a sum of no less than
30,000/. was received in the shape of deposits, and the
line was marked out, and every thing want on swim-
mingly. Offices were engaged in London, and the
original provisional committee, as it was termed, re-
placed by a committee of management or board of
directors, and several meetings took place in furtherance
of the objects of the company. At those meetings the
defendants all took an active part, and they were now,
thefere, sued by the plaintiff as the parties responsible
to him on behalf of the Company generally for the sums
he had incurred. The Learned Counsel then proceeded
to state that in accordance wiih the standing orders of
Parliament it was necessary that certain plans and books
of reference should be deposited with the clerks of the
peace for the different counties through which all pro-
jected lines of railways were to pass; and like-
wise at the office of the Board of Trade by
the 30th of November, and therefore great exertions
were required to prepare the necessary documents. The
plaintiff in the present action was employed to make up
the books of reference, and he was empowered to en-
gage ail the assistants that might be necessary to enable
him to complete them before the 30th November, and
accordingly he engaged a number of persons, and was
prepared to commence his duties, when, on a sudden,
the directors -of the projected railway resolved upon
abandoning their undertaking, and making an amalga-
mation with some other line ; at the same time de-
clining all their own contracts and undertakings, and
instructing their solicitor to make the best terms he
could with the parties who had been engaged.
In consequence of this, the plaintiff was obliged
to arrange as well as he was able with • the per-
sons whom he engaged, and he got off his bargain
with them by giving a guinea to each man, and treating
them all to a supper ; and ho expended about 281.
for this purpose, imagining. and very reasonably, that
he had settled the business very advantageously. Upon
his applying, however, for the money he had actually
expended, and also for the amount to which ho was
himself entitled for the breach of contract by the com-
pany, they refused to give him a farthing. Under those
circumstances, he was compelled to bring the present
action, and he (the Learned Counsel) must say, that he
thought the gentlemen, who hail received no less a sum
than 30 0001. from the public in reference to this under-
taking, were badly advised Wein they refused to pay a
man who, he considered, had rendered them important
service, and who had actually expended his own money
in their behalf.

Mr. J. H. Gibson deposed that he acted as solicitor to
the company while it was in existence, and that the de-
fendants were members c,f the provisional committee.
and took a part in the subsequent proceedings relating
to the company. In November the plaintiff made a
proposal to prepare the books of reference for the Com-
pany at the rate of 11. I.oi. per mile, and his proposal
was accepted by witness on their behalf, and he at the
same time told him to have contracts ready, so that the
work might be completed in tune to comply with the
standing orders of Parliament. There was no particular
portion of the line assigned to the plaintiff, and he was
merely to attend to what might be given to him. This
arrangement was made on the 17th of November last,
on the Monday following the directors resolved to
" amalgamate" with another live, and all further pro.
ceedings were abandoned.
By Air. Baron ALDERSON.—No specific portion of the
line was assigned to the plaintiff. He might have been
called upon Only to do the books of reference; on a half,
or a quarter, or one-eighth of the distance.
Mr. Baron ALDERSON said he thought this evidence
would not support the first count in the declaration, that
there had been a certain contract between the parties.
All that was proved was, that there had been an uncer-
tain contract for a certain amount.

Mr. Sergeant UREA said, that by the contract as it
appeared, the company were to tntrust what portion of
the line they pleased to the plaintiff, and it appeared
they had not thought fit to entrust him with any of it.
How, therefore, could they be liable ? The only thing
that seemed to have been done in the matter was eating
the supper.—( A laugh.)
Mr. CHAMBERS said he should submit that the e►i-
dence supported the pleas for money paid for the use of
the company.
Mr. Baron ALDERSON said, in his opinion, there was
no legal proof of the money being paid to the use of the
defendants. It was as though a person employed
another to build him a house, and that person engaged
others to pet form the work, and he afterwards changed
his mind and would not have the house built—in that
case those persons who were so engaged would have no
legal claim tr-on him.

‘-kr. CHAMBERS submitted that there was this differ-
ence, that tlml solicitor to the company acted responsibly
on their behalf.

Mr. Baron ALDERSON said that all that was provcd on
this point was, th•lt the solicitor was to get the parties to
make the best bargain they could. He was of opinion
that in law the plaintiff had no case, and so should
direct the jury. If ha was wrong, he might be set right
hereafter.

After some further observations by Mr. Chambers,
the plaintiff was non-suited.

OXFORD CIRCUIT.—Reading, March 3.
CROWN COURT.—(Before Mr. Baron PLATT.)
Thomas Fowler, aged 46, was charged with the man-
slaughter of Joseph Barnett, at Abingdon, on the 22d of
January last.

J:Williams appeared for the prosecution, and the
defence was conducted by Mr. Carrington and Mr. Tyrrwhitt.
This case, which has, it is understood, excited very great
interest in this county, came on for trial to-day. The pri-
soner, who surrendered in discharge of his bail, is a man of
very .respectable appearance. lie is a maltster, in large
business at Abingdon, and had borne, up to the unfortunate
occurrence which led to the present inquiry, an excellent
character, and was considered to possess a kind, good, and
humane temper. The deceased (Barnett) WAS 0::Ce in the
prisoner's employment, but had been discharged. The
counting-house of the prisoner is situated on a broad pave-
ment on the banks of the Thames, at Abingdon, and is closed
with two folding doors, one of which folds back agaiu upon
itself against the wall. On the morning of the 22d of Jan-
uary last, a man named Middleton noticed deceased, with
whom he was unacquainted, walking up and down the wharf
opposite the prisone's house, when the latter came our, and
as the witness stated, the two spoke together, from what he
saw, for he could not hear what passed. The deceased
seemed to be conducting himself towards Mr. Fowler in a
provoking manner. Mr. Fowler then returned into the
house, and shut the door, when the deceased went up to the
door, and shoved against it with his shoulder. The door
then opened, but it was not possible to say whether fom the
force exerted against it outside, or from Fowler'e having
opened it from within. The two met again, and the witness
stated that the deceased held up his hands in asort of threat-
ening attitude, being at the time quite near enough to have
hit the prisoner, but the witness did not see any blow given,
until he saw the prisoner seize up an iron shovel and strike
the deceased with it on the right side of the head. This blow
made the deceased fall, and on being taken home, after a little
delay, lie expired in about. an hour.
At this stage of the proceedings the Learned Jul:3GB inti-
mated that the case bore much the aspect of being merely one
of self-defence. The deceased might have struck the prisoner,
whose humane character should be considered, and lie, to keep
the deceased off, struck the blow which deprived him of life,
and which no man probably more deeply deplored than the
prisoner himself.

The Learned Counsel for the prosecution acquiesced in his
Lordship's view of the case. The jury immediately acquitted
the prisoner---a verdict received with applause, which was in-
stantly suppressed.
THE Comm AT REIADING.—At the conclusion of the
above case the grand jury entered the Court, and having
handed in some bills, the Chairman then stated that the
grand jury were desirous of making a presentment to his
Lordship, which Mr. Bellamy, the clerk of the arraigns, read.
It alleged the extreme inconvenience of the present courts
held both at; the assizes and the sessions in Guy's-hall,
Reading ; and described them as insufficient and incommo-
dious to judges, juries, counsel, and witnesses. The grand
jury then proceeded strongly to recommend that new courts
should be erected. Most sincerely do we hope this will have
its due effect, as the Courts here are uncomfortable and in-
convenient on this circuit.
Benjamin Chapman aged 28, was charged with having,
on the 29th of December last, set fire to and destroyed an
outhouse and other buildings, the property of a man and hie
two sons, named Partridge, at \Vantage.
• Mr. Tyrrwhitt and Mr. J. J. Williams appeared for the
prosecution, and the prisoner was defended by Mr. Car-
rington.
The prisoner, who was nicknamed the Sea Ape, it would
seem was, on the night in question, at a public house called
the Shoulder of Mutton, kept by a Mr. Airey. At nine,
however, he quitted it. At eleven the same night, the land-
lady heard a noise of kicking and a cry of fire at the door,
which she opened, and saw the prisoner running off knock-
ing at the neighbours' doors, and crying fire. She called out
to him, " Ape, you are the first who gave me the alarm of
fire Net time, and so you are now." lie made no reply, but
col.tinued running. She heard her husband come out and
ask where the fire was, when the prisoner said, " Back of
Partridge's house." At two the next morning she again saw
him, and made an observation about the alarm to him. The