The Sun.
London, England, 1869-11-05 00:00:00

LA TV INTELLIGENCE.—This Day

COURT OF QUEEN'S BENCH.
TILE BIIIDGEWATER ELECTION INQUIRY.

Mr. Henry Jamoe, Q.C., on behalf of Mr. Henry Lovi-
bond applied fora rule nisi calling upon Mr. Price, Q.C.,
Mr. An slry, and Mr. Coleridgo,the throe commissioners ap-
pointed to inquire into corrupt Di-act:cos at the last and
previous elections for Bridgewater, to show cause why a
mandamus should not issue compelling them to give him a
certificate under the Corrupt Practices Act. The learned
counsel's contention was that the commissioners had no
discretion, but that if a witness gave evidence which
criminated,_ or might tend to criminate him, they were
bound to give him a cottilicate.
Rule granted.

COURT OF EXCHEQUER.

BURTON V. THE MIDLAND RAILWAY COMPANY.

This was an action for alleged bodily injuries sustained
through a railway accident, and at the trial before Mr.
Baron Martin at Westminster the jury returned a verdict
for the plaintiff—damages £750. Mr. Overend, Q.C., on
the part of the defendants, now moved for a new trial on
the ground of surprise and fraud. At the trial the plaintiff
was carried into court in a helpless state, and excited great
commiseration. Mr. Overend said that from information
received since the trial the defendants believed that the
case wrs altogether a sham.
Rule nisi granted.

WESTMINSTER COUNTY COURT.
IMPORTANT DECISION TO NEWSPAPER PROPRIETORS=
CRUSE T. A:BECKETT-44 THE TOMAHAWK."

This was an adjourned summons taken out by the plain-
tiff, an advertisement canvasser, for the recovery of a sum
of money he alleges due to him as commission on orders
obtained for the insertion of advertisements in the Tonw-
hawk.

The plaintiff stated that the orders he obtained for the
insertion of advertisements were forwarded to the defen-
dant's office, and he made out his charge for commission
iu the usual way ; but on the present occasion the defen-
dant refused to pay the amount of his bill, as he said the
order for the insertion of the advertisements was not ob-
tained by the plaintiff.

For the defendant it was contended that the claim was
an overcharge, and ought not to be paid. The plaintiff, it
was not denied, obtained the first order for the insertion
of a series of advertisements in the Tomahawk and received
his commission, but in consequence of his continued ab-
sence from the office a clerk made application for and re-
ceived an order to repeat the series. On this order the
plaintiff, by an oversight of the clerk, obtained commis-
bion ; and on the third renewal, also obtained by the clerk,
the plaintiff put in his claim for commission, which the
defendant refused to pay, on the pound that he
had nothing to do with the obtaining the third order, he
having received money already on the second order, which
the defendant contended he was not entitled to. The
clerk only made application for the renewals in con-
sequence of the continued absence from the office and ap-
parent neglect of the plaintiff.
The plaintiff called some witnesses to show that he was
entitled to the commission on all the three series of inser-
tions as a custom of the trade.

The Judge said a claim could only be got up for work
done, but it appeared that the plaintiff claimed payment
for more than that ; iu fact, he claimed payment for work
done by others. It was said that such a claim as that
made by the plaintiff was sanctioned by the custom of the
trade, but he could not believe that anything so absurd
existed, and therefore he could not recognise the custom
Ver,lict for the defendant with coats. •

I'OL ICE IN TEL LIG EN CE.-7 Ms Day.

MARLBOICO UCI El- STREET.

William Bright, a coachman, in the service of Dr. liars-
ley, Wardour-street, appeared before Mr. Knox to answer
a summons taken out against him by the officer of the
Society for the Prevention of Cruelty to Animals, for
cruelly illtreating a horse. The defendant was seen by a
gentleman violently beating the horse about the Lead with
the butt-end of his whip, and when asked what made him
do so, he said he was merely " touching him up" to make
him go. The magistrate, having heard the evidence, said
he should mark his sense of the cruelty practised by the
defendant by iuforcing the heaviest penalty in his power
—viz., sor a month in default.