The Sun.
London, England, 1858-04-02 00:00:00

AtIvBPAPER
7"41'
itt, 4
was all ails and very bad. yet by-:VaYcil.f
the Sahib I said quite the contrary.'
"En conclusion, I trust that the Govern/neut.*rnS
tike what I have Written in :good part; have
written, s far as I know, the truth, without fear,
If I have IV6lten anything improper I trust the
Government will forgive me, for what I have writ.
ten is intended for the g:-od of the Govertiment,
and I have iiriiterithe truth because I knowfrom.
txperienee that the English love the Irutb:- -
(Signed) " SHAIK BELOATUT
"Subadarand Sirdar Bahadoor, Bengal
Sikh Police Battalion. •
_ • ,_,L.c.utlAY, Captain.
" Camp Arran, 'ran. 30."

ASSIZE IN PELLIGENCE.

HOME CIRCUIT.—.KINGSTON, APRIL 1.
(Before Mr. Justice Erie and a Sincial Jury.) ,
WITHERS V. THE GREAT NORTHERN RAILWAY
031 AN:
This was an 80'1to recover damages for injuries
c
ou
sustained by the plaintiff while travelling upon the
above railway, iu consequence, as was alleged, of
the negligence of the defendants.
318 arMd.
dßrelpeEcyh,fjowrairceeis:frQokre. °3ta. Luellidmrri3. plaintiff°llvoiln; mQr.. C.
tr andawkins,
l:yrnan were for
the company.
The point involved in this cause was a rather
.!
different one to those usually in question in actions
of this description. The accident that was the anb..
ject of inquiry occurred on Aug. 13, 1857, when it
appeared, there was a terrific thunder-storm, ac-
companied by torrents of rain.: The plaintiff was ,
a Cavelier by the 'nail down train, and upon its
arrival Et,-. Newark there was a tremendous flood,
the consequence of which was'thatthe embankment
of the railway was to a certain extent washed.
away, the train fell in, and the plaintiff received •
very serious injuries—indeed so serious, that it was
doubtful whether he would not suffer from them to
the end of his existence. It was contended on be-
half of the company that there was no negligence on
their part to render thvmn liable for the eoesequenies
of tlhe accident, andthat it was pnrely owiingio the )
t,uddee flood, over- Which they hicrtio oonticl: „ The jury' returned a verdict for. the pliiinfiff-=,-
damages 1,5001., some points of law-being reserved
for further consideration.
It has been arranged that the business of thi
assizes shall be adjourned until Monday next at 10
o'clock.

NORTHERN CIRCUIT.—LIVERPOOL, Amu, 1.
SECOND Own. COURT—(Before Mr. Baron Martin.)
ANFIELD V. EEAUMONT.—ACTION FOR ASSAULT AND

1 FALSE IMPRISONMENT.
This was an action brought by a young female,
under 20 years of age, lately employed as a stew-
ardess on board the eamer, Tiger, trading be-
t Neon Hull and Hamburg, against the captain of
dr: vessel. In April last year the Tiger was lying '
at Hamburg, when the plaintiff, accompanied by'. •
two of the engineers, went out one night,te some
places of amusement, and did not return on board
mit' after midnight. The captain was in. bed,
and he had locked r he cabin door in such a way that
the plaintiff could not open it, al.hough she had a
key. She contrived, however, to get to her berth
through the window of the smoking-room., Next
morning, according to the plaintiff's case, the cap-
tain abused her for staying out so late, threatened
to discharge her, and soon after wards came to liFr
and insisted upon her leaving the ship at once. She
declined doing so, believing t hat herreputation would
be injured, but the captain still insisted, and ulti-
mately called the police. The girl refused to go,
and the police, tied her hands and removed her. Her
hands were bound so tightly that the blood started,
and they were much injured. The captain told her
he should place tier on board another vessel, the
Harmonta, but she declined to be sent home thus,
and begged to be allowed to remain and return on
board tee Tiger. Sue was removed, however, by
the police, and being still ob,tinate in her refusal
to be transferred to tee Harmonia, was taken first
to the consu.'s office, and then to gaol. During
her detention by the police she sttuggled a good
deal, and was repeatedly strtrok by the officers. It
was for these assaults and alleged false imprison-
ment that compensation was sought by the present
a,:tion. For the defence it was urged that the plain-
tiff was insub 'rdivate, negligent of iduty, and im-
p-rtinent to the c ipt:du ; that the, assaults com-
plained of she had brought upon herself by her own
violence ; and that, after tolerating her misconduct
as long as lie could, the defendant had done all in
his paver to procure her another ship, and had
actually paid her-wages up to the time of her dis-
missal, and also her passage home. In cross-exa-
minatien the captain aduiit ed that he had indulged
in a criminal intimacy with the plaintiff, though
his wife was on board at Ills time. A document •
was put in, being a copy of certain proceedings and
examinations taken and made before the Hamburg
authorities, which tended considerably in the cap-
tain's favour, and showed that the plaintiff had
aced in a most violent and outregeous
4h,1,-, on the- othi4-hand, the captain hat done alt
he could to induce her to leave the ship quietly and
go on hoard another vessel.
After addresses from learned counsel and the
summing up of the judge, the jury found a vardict
for the plaintiff—Damages 50/.

BRISTOL COUNTY COURT-TSB TIP-

PLENG ACT.

At the Biistol County Court, on Tuesday, in an •
action, Tovy v. Hill, the learned judge, Sir J.
Eardiey Wilmot, Bart., gave au interpretation of
the 24:h George 2, cap. 40, better known as the
" Tippling Act," which was far more liberal-and just
towards the licensed victuallers' trade than the
judgments under that statute have usually been. •
i he action was brought by the plaintiff, a highly re-
spectabla wine aad spirit merchant, to recover the sum
of 31. 3s. 6d. for wines and spirits. Tae bill was made
up ft he following particulars :—Oct. 9, 1856, 1 gallon.
Old Tom gin, 11,. ; 2 quarts Irish malt whisky, at 16,.
per got.' Bs. ; 2 quarts old Cognac brandy, at 284. per
gal., 14s. ; Marco 14, 1857, 1 gal. 0 d Toni gin, lie. ;
1 quart old Cognac brandy, at 324. per gal., 7s. 6]. ; 1
guar.. Irish malt whisky, at 16i. per gal., 4s. ; 1 quart
i,upeiior old port, at 164. per gal., 4i. ; 1 quart prime
pale sherry, at 164. per gal., 4s.
Mr. Dens, who appeared for the defendant, submitted
that by the provisions of the 24th Geo. 2, cap. 40, the
plaintiff was debarred from bringing or mainteioing
action; and so coneusive was the prohibition of that
et state held to be that the late Judge of the Wert,
Mr. Palmer, had always considered himself boon',
even when the act was no: pleaded, to act upon
it, and to deprive the plaintiff of his ver hot. Tee
ant provided that, "From and after the Ist day of
July, 1751, no person or persons whatsoever shall be ee•
titled unto or maintain any cause, action, or suit
fur, or recover, either in law or equity, any saw or
sums of money, debt, or demand whatsoever, for
or on account of any spirituous liquors, unless
such debt shall have really been and bona fide con-
tracted at one time to the amount of 20s. or up-
wiros." In the case in question the items were
under 20.,, although by adding two or three together,
as supplied.at the same date, au ag4regate i f over 204.
might be made up. Thus was, however, a second section
of the clause which distinctly met the case, and which
was," "Nor shall any particular article cr item in any
account or demand for distilled spirituous liquors, be
allowed or maintained where the liquors delivered at
one time, and mentioned is such article or item, shall
not amount to the full value of 20s. at the least, and that
without fraud' or ouvin." Such was the substance of
Mr. Dane's argument, in support of which he men.
tioned the decision of the former judge, Mr. Palmer.
His Honour, having taken time to comider his judg-
ment, said, on his return into court, that he thought
the statute capable of a construction more liberal
and more for the benefit of the • public than
that which Mr. Dane had put open ,was
• in 11110136
argued that, order to carry out the provisions
of the act, a plaintiff must be deprived of but right to
one
re-
cover where the, separate parcels of spirits suppliedvalue.t He
time did not each individually exceed 2_
9nsterpret the act,
to-,; fivour of trade, .
thought that that was not the way
which should he conArued literolhly,Wr
blob it was passed,
and with a view to the oject with
PP/:),;fled the Words, " where
The second part of
viz., the prevention of ti
the section of the act retadwci:
time, and mentioned in
ailbs'ilconsidered that the word.
not amount to the full
wdbiln connection with the word
tshuechliciarutoicrise- delivered
or ftoznri;
vietryshoofwethat the
value of 205."
moredtheo
muse be read
tore pbleaintegd othreeaddel
‘o'
Legislature
acio n liquor at one time,as embraced
one Po'cl' of the term "article ;
d that,
looPo or item." That
wz‘r" „as have been the intention of the .statute -Was
oosu:fir° by what had been suggested, to him.by one of
the registries, Mr.. Gibbs, viz., that if it were otherwise,
A person might go to a spirit merchant and purchase*
19s lld worth of bra. dy, 19,. 11d. worth of gin, 19e lid
worth of rum, 19, lld worth of whisky, and so on, and .
. „
then, because neither of the articles came to 20'., might.
hold the vendor at arm's lensta.and defy hire. Such be
considered could never have been the intention of .the
Legislature, acid such was not, according to the liberal
construction ehich he was disposed to put upon it, the
meaning of the act of Parliament. The judgment,
would, therefore, be for the plaintiff.

The Easter ceremonies for the Jews commenced on
Tuesday, and will continue until the 6th April. Accord-
ing to the lam of Mores every Jew con6i .ers himself as
delivered persunaily from the captivity of Egypt, and
for that reason always with the same solemnity and
with the scrupuloui tsaciitude all the prescriptions at-,
tachEd to the institution of Easter., They abstain for
eight days from easing leavened bread, and will not al-
low the wiiallext bit to enter their houses.
THE NEW MILITIA Aar.--An act of Parliament /15g
just been printed to continue the Militia Actr.4o the
25th March, 1859..

7
e- _