The Sun.
London, England, 1860-02-02 00:00:00

LAW INTELLIGENCE.—Feb. 1.

COURT OF QUEEN'S BENCH.
:Sittings at Nisi Prius at Westminster, before Lord
Chief- Justice Cockburn and a Common Jury.)
FAIRBANK Y. GREEN.-TIIE GREAT NASSAU
BALLOON.

This was an action brought: by the plaintiff to
recover from the defendant, the veteran aeronaut,
a sum of money for'an apparatus made by plaintiff,
to order, for propelling and steering " The Great
Nassau Balloon" in her aeriel voyages.
The defendant pleaded not inticbted, that he
never gave the order, and that it was given by a
person named Taylor, who had, at the time, pur-
chased " the Great Nassau."

Mr. Day appeared as counsel for the plaintiff,
and Mr. Hawkins, Q.C., conducted the case for the
defendant.

It appeared from the evidence of the plaintiff
that he had been introduced by Mr. Keane, a lite-
rary gentleman, to the defendant, with the object
of conferring with him about the construction of
an apparatus to propel and steer " the Great Nas-
sau " through the air; that ho subsequently
waited upon him, and was shown a drawing, ac-
cording to which he constructed the apparatus.
He had also, on that occasion, seen Mr. Taylor,
with whom, as somewhat with Mr. Green, he
was acquainted. In the interview, he was in-
formed that it was contemplated to make " the
Great Nassau" a means of continental inter-
national communication, and that the machinery
or apparatus ordered would, it was expected, be
so practicable as to render her available for that
service. It was also understood that "tie Great
Nassau," by aid of her propelling and steer-
ing power, might undertake the perilous and
tedious venture of an aerie' voyage from St. Peter-
sburg, which was to be her head quarters, to Lon-
don, and hence her first starting was designated
" the Russian expedition." The experiment did
not succeed, and plaintiff, unable to get his money
for the apparatus, instructed his solicitor, and
brought his action to recover.
In support of plaintiff's case, Mr. Keane gave
evidence that he had been spoken to by Mr. Green
on the subject of the apparatus, and asked by him
if he knew any intelligent engineer, or mechanic
who could make it. Knowing the plaintiff, he
recommended him, and put the parties in personal
communication with each other. It was further
elicited that Mr. Keane undertook to carry on tie
foreign correspondence necessary, as preliminary,
to the engagements of " the Great Nassau" to un-
dertake the international work contemplated ; and,
in addition to this testimony, a letter was put in in
support of the plaintiff's case.
For the defence, Mr. Green and son deposed,
that they had no faith in the apparatus—their
conviction being that no apparatus could be con-
structed capable of propelling and steering a bal-
loon, and therefore that they would not, and did
not, give the order. They further deposed that
they sold the balloon to Taylor for a sum of £250,
payable in instalments, out of the profits that it
was hoped would .exult from the ascents ; the bal-
loon to be restored to them should the venture not
turn out successful, or the conditions of the agree-
ment be carried out. They further deposed that
Taylor was not the inventor of the apparatus, and
that it was not until plaintiff discovered that that
person was not in a condition to pay him, that he
made a demand upon defendant for payment.
The evidence was corroborated by that of Taylor.
The Chief Justice summed up, and said if the
jury were not satisfied that the order for the ma-
chinery was given by the defendant, or by Taylor
for him, their verdict should be in his favour.
The jury retired, and, after a long absence from
court, returned and delivered a verdict for the
plaintiff.

POLICE INTELLIGENCE—Feb. 1.

MANSION-HOUSE.—Frederick Schiller,a phi-
losophic-looking native of Switzerland, described
as a merchant, and apparently about 35 years of
age, was charged with breaking throe squarer of
glass at the hoase of Mrs. Catherine Pack, 11,
Circus-street, Minories.

The prosecutrix said—Last night the prisoner
came into my house while in a state of intoxication,
and behaved in a very abusive and disorderly way.
I told him that with the exception of the child,
which I had in my. arms, I was alone in the house,
and that I wished him to go away. He refused to
do so; but as he stood against the door, which was
open, I pushed him out and closed the door. He
then went to the back of the house, broke some of
the kitchen windows, forced open the shutters, and
again began to abuse me. I once more advised him
to go away, and as he refused to do so, I was com-
pelled to give him into custody. He threatened
to be revenged, and I am afraid he will do me
some personal violence unless he is restrained.

The Lord Mayer—You appear to have dealt very
gently with him. Do you know him
Proseeutrix—Yes, I know him too well, he is my

The Lord Mayor—ls he a German ?
Prosecutrix—No, he is a Swiss, but he belonged
to the German Legion, in which ho was an officer.
The Government would have sent him out to the
Cape with the others, but he refused to go.
Tho Lord Mayor—What has he done for a living
since ? _ _ _

Prosecntrix—l do not know, but two years ago
he allured my youngest daughter, a girl of 17, from
home, and on the morning that she went away she
carried with her £5O. In a month, however, that
was all gone, and at the end of a second ntonth
they came to live with me, and I had to pay £3
10s. for that month's lodging to a person at Dal-
ston. He is almost always intoxicated, and my
daughter, who was confined two months ago, can-
not live with him any longer.
The Lord Mayor—Does ho assign any reason for
annoying you
Prosecutrix—He seems to think that I am keep-
ing back some property that belongs to his wife.
The Lord Mayor—Then they ars married ?
Prosecutrix—Oh yes, my lord, too truly married.
The Lord Mayor—Well, prisoner, what have you
to say ?
Prisoner—Well, I was a little excited yesterday.
I went to her house to ask for my wife, and she
said my wife was not there, but at Westbourne-
terrace. So I went there and could not find my
wife, and when I got back to Mrs. Pack's house I
found her nursing my baby, and thought it was
very strange if my wife was not there. So I was
a little violent; but I should like this to be settled
in a friendly way.
The Lord Mayor—Well, I shall fine you for
breaking the windows.
Prosecutrix—l hope, my lord, I shall have those
tickets.

The Lord Mayor—What tickets ?
Policeman—When I searched the prisoner, my
lord, I found on him 4s. Bd. in money, and seven
pawnbroker's tickets, amounting to £lO or £l2,
and the prosecutrix says that the articles pledged,
silver spoons, and so on, belong to her.
The Lord Mayor—Then he has been robbing you,
as well, Mrs. Pack ?
Prosecutrix (bursting into tears)—Yes, that he
has ; but I do not wish to press that charge against
him, because it would be a disgrace to my daughter
and me, as well as to him.
The Lord Mayor—Yes, but you must both be
protected against such a fallow as this—a mere ad-
venturer.
Prosecutrix—lt is not the first, nor the seeon d
nor, I am sorry to say, the third time he has done
so, but still I do not wish to press the charge.
The Lord Mayor—Well, I shall not part with
him at present, but shall remand him for the pro-
duction of the articles pledged.
Remanded accordingly.

MARYLEBONE.—CIIARGE OF STABBING.—M.
Slater was placed at the bar, before Mr. Broughton,
upon two charges—one of drunkenness and disor-
derly conduct, and wilfully breaking a pane of
glass, value 255., at the house of Mr. Tucker, land-
lord of the Prince George of Cumberland, Frederick-
street, Portland Town ; and the other, for the more
serious offence of stabbing a man named William
Balls with a knife.

The case was clearly proved by Mr. Tucker, who
said, in reference to the charge that was to fol-
low, that when he went into the tap-room upon
hearing the parties quarrelling, he found them
struggling together, and heard Balls exclaim, Oh,
the villain has stabbed me."
Balls was then sworn, and deposed that on the
same day he and prisoner, who had been out on the
previous evening, went into the house, both of them
at the time being much the worse for drink, and
that while he (prosecutor) was eating a piece of
bacon, they had a bit of a quarrel, and each struck
the other a blow, He (prisoner) then took from
the table a knife, saying he would be the death of
him, aud, making a stab at him, he received a cut
in the hand, which had been dressed at a chemist's
in the neighbourhood.
Thomas Baines said that prosecutor, when
stabbed, fell over a form in the room.
Collins, 111 6, by whom the knife was produced,
said that the prisoner, when taken into custody by
him, Was running away.
to It
thew officer,a s furtherand to the
shown thatins p
eperteosre,ctubtaotr,
if
had
hehad
stated d
not raised his hand at the moment he did to pro-
tect himself, the knife must have entered his
stomach.

r
Ihe prisoner, in answer to the charge, said he
could not bring to his recollection anything that had
taken place.
Mr. Brougnton, whosaid that upon another occa-
sion ho should require a surgeon's certificate, re.