The Sun.
London, England, 1851-08-29 00:00:00

John Bisb, inspector of police,: in the company's
service, who stated that he had been a ticket-collec-
t the company about eight--months, and that he .
.vas well acquainted with the diaerent kinds of tickets
in use and issued by the company. The excursion
tickets were distinguished from the others by having
two colours, whilst a ticket by an ordinary train bad
only one colour. On Sunday, the 10th August, in
consequence of instructions, he went to Brighton, and
saw Gregory at the Colonnade Inn, Queen's-road,
Who beckoned to Stallard. Stallard then went ao
Gregory, and after exchaeging a few words with
each other, Gregory handed some money to Stallard,
who, in return, handed to Gr.-gory a ticket. Witness
knew by the colours (red and green) that it was a
third-class excursion ticket. Gregt,7 then went to
the station and appeared as if he was 1/4going by the
six o'clock train. Instead of doing so, ,however, he
returned with a friend to the inn, where Le remained
nearly an hour. Witness did not lose :AO of him
the whole time, and consequently knew that he did
not purchase another ticker. He followed hini to the
station again, and saw him go to the booking-offieei
put down a third class excursion ticket, with a
shilling, and heard him ask the clerk to exchange it
for a second. class excess ticket. The clerk did so, aid
he then went to the platform and got into the care
riage. Witness followed him, having previously
given some information to Mr. Wright, the ticket col-
lector. Before the train left for London Mr. Wright
collected Gregory's ticket, and witness, who was in
the same carriage, saw that it was a second-class ex-
cess ticket. He rode to London with Gregory ; and
in consequence of what witness told Mr. Smith,
ticket collector at London, the latter inquired of Mr.
Gregory his name and address. The reply was that
his name was Gregory, and that he resided at 28,
Camelford-street, Brighton.
In cross-examination by Mr. Lamb, the witness
said that when Stallard left Gregory, he did not know
where he went to. He could not tell how much
money passed; it was silver.
George Wright, inspector of tickets at the Brighton
station, said he had known Gregory some time, and
that on the evening of the 10th of August he took
the second class excess ticket from him in a train
which went to London. The witness Bish was in
the carriage, and in consequence of what be was told
he had kept the ticket in his possession ever since.
By exchanging a third-class excursion ticket, and
paying ls., he could obtain that ticket, but inno other
way.
Mr. Faithfull—That is the case.
Mr. Lamb then addressed the magistrates for the
defence. The case, he said, must fall to the ground,
notwithstanding the strong speech of his friend Mr.
Faithful', who tried hard to make it appear that this
was a case of conspiracy to cheat the railway com-
pany. Why had they not brought forward the
ticket alleged to have been sold by Stallard to Gee-
gory ? To establish a charge of conspiracy that
was a most essential link in the chain of evidence.
Again, there was no evidence of any contract or
agreement between Gregory and Stallard. Bish saw
them conversing together, and a ticket was handed
over ; but where was that ticket ? They could not
produce it, and if they had produced it, they must
have shown that there was a bargain between the
parties before they could establish a conspiracy.
Again, there was no proof that Gregory did not
come down from London himself in the morning. If
a contract were made on a Sunday it would not be
binding, for Sunday in law was a dies non. Stal-
lard did not even accompany Gregory to the station
to see whether Gregory obtained an exchange ticket.
Mr. Faithful' had not attempted to prove that the
tickets were not transferable, and how a charge of
conspiracy could lie against the defendant he could not
understand. The evidence might be inferential, but
there was nothing positive.
Mr. Carpenter said he had no doubt that a great
traffic was carried on in the sale of railway tickets,
which enabled persons to travel at greatly reduced
prices, and he did not wonder that the Brighton Rail-
way Company should have taken the matter up ; end
he believed that this system of traffic in tickets would
soon be effectually checked. He was by no means
prepared to say that if a case of this kind were clearly
made out to the satisfaction of the bench, that the in-
dividual who had done such an act would not be liable
to take his trial at the assizes ; but in the present case
there was no proof that the defendant Gregory had
not come from town on that day, and the evidence
with regard to the third, class ticket—that ticket not
being produced—was only inferential. The bench did
not think they could carry the case any further, but it
would be open fur the company to indict the defen-
dants at the assizes if they chose.
Mr. Faithfull—Will you bind the defendant over
to appear at the assizes ?
Mr. Carpenter—We cannot do that, as we do not
think the case sufficiently strong against him. The
third-class ticket ought to have been produced, and as
that has not been done we dismiss the case.
Mr. Faithfull—The company are determined to put
a stop to this practice, and they will certainly indict
both defendants at the assizes.
The parties then left the court.