The Sun.
London, England, 1867-06-25 00:00:00

LAW INT.

—This Day.

COURT OF EXCHEQUER.

(Sittings and Nisi Fritts before Mr. Baron Pigol
and a Common Jury.)

ANGLE V. ATKINS AND O'CALLAGHAN.

This was an action brought for the purpose of
recovering the amount of the hire of two horses, for
the loss of the services of the horses, and also there
was a count in trover with regard to them.
Mr. Sergeant Parry and Mr. Murphy appeared
for the plaintiff, and Mr. Garth, Q.C., and Mr.
Francis, for the defendant.

It appeared from the statement of the plaintiff's
counsel that the defendant, Dr. Atkins, and
an officer named O'Callaghan had hired two horses
from the plaintiff, who was a horse dealer, letting
out horses at fftes, reviews, &c. It was agreed that
there should be two guineas paid per day for the
horses ; that the expense of transit, keep, &c., should
be defrayed by the persons hiring the horses. A man
named Stacey was engaged to take them down to
Dover at the review held at Easter last. Ile took
them to Dover, and was directed to take them to
the London Ilotel. When he got there, he
saw Dr. Atkins, and he got on one of the
horses, and the other gentleman got on the
other. When they came from the review he
asked Capt. O'Callaghan for some money for the
keep of the horses, but he said he would have no-
thing to do with the expens e of the horses at all.
Stacey then tried to bring them to town that night,
but in consequence of tile railway being crowded with
carmen he could not do so, and no horses came up.
The next morning he would have brought them up,
but the landlord of the hotel would not allow any
horses to be removed until their keep had been
paid for. As he had not the means to do so, he
was obliged to leave them in the stables and stay
with them, and he only left them last Saturday
week on a subpoena to attend the trial. According
to the statement of the man Stacey, he remained at
the hotel in Dover, sapported by the landlord, and
attending to the two horses only, until the date
above mentioned, and that he received no money or
support whatever from Mr. Angle, the plaintiff.
After some demands having been made to the
parties the present action was brought.

It was clearly shown that horses could only be
brought from Dover by the 10.30 train on the
Tuesday morning ; if on Monday night they were
not fortunate enough to find a " vacant seat."
Mr. Garth, on behalf of his client, characterised
the action as one of the most trumpery which had
ever been brought in any court, for if they admitted
that the plaintiff was right he was only entitled to
a few pounds damages. The plaintiff had not only
put himself to expense, but also involved Dr. Atkins
and Capt. O'Calloghan in still heavier expenses. It
was evident that there had been no breach of con-
tract whatever, and he should not only call Dr.
Atkins and Captain O'Callaghan to prove it, but
should show by written documents that the defend..
ants were entirely free from any liability.
[STILL PROCEEDING.]

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

ASSAULTS AT THE ALHAMBRA PALACE.--Mr,
Frederick Williams, of 23, Portobello-road, Bays-
water, was charged before Mr. Knox with being
drunk and assaulting Thomas Winter, stage door-
keeper at the Alhambra, and damaging his coat,
and he was further charged with assaulting John
Reeves, book-keeper at the Alhambra.

Thomas Wintei• said—About eleven last night I
was on duty at the stage door of the Alhambra, it
being my duty to keep persons from interfering with
those on the stage. The defendant would not go
away, and insisted on going up. Mr. Strange told
him that he could not allow him to go up, as there
were so many persons at work. As the defendant
still insisted on going up, Mr. Strange sent for two
persons, Mr. Reeves and Mr. Carter, and Mr.
Strange then pushed the defendant off the stairs,
and the defendant fell, and on Mr. Reeves taking
hold of him he struck him in the eye. The defend-
ant then caught hold of my coat and tore it off my
back.

Mr. Knox—Was he drunk or sober?
Witness--lie was not sober. The damage done
to my coat amounts to about £l.

Mr. John Reeves, book-keeper and constable at
the Alhambra, said—l was sent for last night by
Mr. Strange to the door of the lobby dividing the
stage from the front of the house. The defendant,
who was drunk, was making a great disturbance,
and when Mr. Strange pushed him off the stairs he
resisted and fell. On getting up again I persuaded
him to leave, and he then struck me in the eye, and
blackened it, and on the last witness taking hold of
the defendant, he tore his coat off his back. The
defendant was very violent.
Mr. Knox—How did the defendant get the black
eye ?

Witness—There was a general scuffle between us.
Ilollet, 116 C—On taking the defendant into
custody for the assaults I found he was very drunk.
Defendant—l remember nothing at all about it.
All I remember is that I was taken to the station.
Mr. Knox—lt is a pity you should have got
drunk and so misconducted yourself. You seem to
have got mauled yourself in the struggle, but you
appear to have given the book-keeper a severe blow
in the eye, for which you must pay 405., and you
must compensate the door-keeper by paying him
205., and you will have to pay 10s. for being drunk
and disorderly.