The Sun.
London, England, 1866-02-05 00:00:00

LAW INTELLIGENCE.—This Day.

The case was proceeding when we went to press.

SHERIFF'S COURT.
(Before Mr. Commissioner Kerr.)
PARKER. V. COOMBS.

This was an action to recover £3 ss. damage sustained
by the plaintiff in consequence of the defective state of de-
fendant's cab.

Mr. Gray, for the plaintiff, called his client, who said he
was an auctioneer of Thames-street. On January last ho
took a cab, and, upon alighting, felt himself held back. He
called out to afriend who was with him, and then discovered
that his coat was caught by a screw. The result was a
tear thatentirely destroyed the,coat, so far as plaintiff could
wear it.

Mr. B. I. Abbott (for defendant)—Could you not have
the coat repaired ?
Plaintiff —Certainly not.

Mr. Abbott—This is rather an unfortunate case. The
cab had been done up, and during the journey, while plain-
tiff was in it, a screw shifted out of its place and caused the

injury.

Plaintiff—The screw was sticking out some distance
- -

Mr. Abbott—l submit to your Honour that no negligence
has been shown. Here the cab had been repaired, and during
the journey the screw shifted, and thus caused the damage
complained of.

His Honour ruled that when a person hired a cab there
was an implied warranty of its fitness for use. If this wore
not the case there was no knowing where complaints would
end. It was quite clear damage had been caused through
the defective state of the cab, and therefore plaintiff would
have a verdict, defendant to take the coat.
Verdict for the plaintiff.

POLICE INTELLIGENCE.—This Day,

_~ _

MARLBOROUGH-STREET.
SCANDALOUS CHARGE.—Hetty Gould, a well-dressed
female, was charged before Mr. Tyrwhitt with stealing a
bunch of flowers of the value of 2d., the property of Wm.
Simmons, carpenter, who gave his address Lupus-street,
Pimlico.

On the accused being placed at the bar, Dickins, 30G A,
said the person who had charged her was not in
attendance.

Mr. Edward Lewis, of Great Marlborough-street, who
appeared for the accused, said the present instance showed
the very limited power given to police inspectors. The ac-
cused on Saturday night,.because she repulsed the advances
of a man, was given into custody by him for stealing a
bunch of flowers, of the value of 2d., taken to the station,
and kept there till 12 o'clock yesterday. He (Mr. Lewis)
thought the Legislature ought to vest a discretionary
power in the hands of police inspectors to take or reject
such a charge as the present.

Mr. Tyrwhitt said that had the charge not been taken
all sorts of things might have been said of the police.
Mr. Lewis said he did not complain of the police. He
only considered that they ought to have more power given
to them.

Mr. Tyrwhitt said that as there was no ono present to
prosecute, the accused would of course be discharged. A
more infamous charge and one of a more petty nature he
had never heard. It showed what a malicious and base
class of persons were to be found.

Mr. Lewis said the man had given a false address.
The accused was then discharged.
WORKED TILL TILE LAST.—Patrick Cleary, of 32, Princes-
street, Lambeth, was charged at the instance of Mr. Wm.
Love, of the Royal Society for the Prevention of Cruelty to
Animals, with cruelty to a horse, by working it while in a
totally unfit state.

The horse was seen by Inspector Temperley, of the
Royal Society for the Prevention of Cruelty to Animals,
attached to a cart, in which was a large wooden tub. On
examining the horse, it was found to have a largo sore on
the back, with the harness pressing into it, and both its
knees were broken and discharging. The horse was unfit
for any kind of work.

The defendant said he had no desire to use the horse if
it was unfit for work.

The Magistrate said that if the defendant thought proper
to have the horse killed he could do so, and then there
would be an end of the matter.

Subsequently the officer reported that the defendant had
taken advantage of the magistrate's offer, and had the horse
put out of its misery.

THAMES-.

SAVAGE ASSAULT. —John Williams, a hawker of clothes
linos, a little man, but represented by the police to be as
strong as a lion, was brought before Mr. Paget, charged
with violently assaulting Thomas Norman, a policeman.
It appeared that the prisoner visited the station-house in
Poplar on Saturday night and said he had been robbed of
some clothes lines in a public-house, and that he knew the
thieves well. Norman was sent to the public-house in
question to make inquiries, and found that his statement
was false, and that he had sold the lines. He then made a
disturbance in the public-house, the landlord of which
said—" I have had enough of you all the evening : I will
have no more of it ;" and turned him out of the house. He
then struck Norman in the street on the breast, and
followed it up by breaking the strap of his helmet. He
also kicked at the policeman, but the kicks took no effect.
A violent struggle took place between the prisoner and
the constable in the shop of Mr. Edgcombe, a basketmaker,
into which the prisoner retreated. Considerable mischief
was done to the property there, and the police constable
was ill used and his thumb sprained. Assistance was at
hand, the prisoner was secured, and lodged in the station-
house. He tore up the seat in his cell, and did other
mischief.

The prisoner said he was tipsy when the affair happened.
Mr. Paget sentenced the prisoner to be imprisoned and
kept to hard labour for the assault on Norman, and said he
would not adjudicate at present on the charge of breaking
up the cell.

SCANDALOUS GREENYARD CHARGES.—Two men, named
Edward Holly and James Rippingale, were charged with
being drunk and incapable on Saturday evening. The first,
in the employ of Mr. Haws, farmer, of Bell House Farm,
Romford, Essex, was in charge of a waggon and three
horses. The team was taken to the greenyard in Bow,
and Mr. Haws, who redeemed his horses and waggon yes-
terday at noon, was charged 245. by the keeper for taking
care of the animals and vehicle. Ho was charged for four
feeds of corn. He did not believe his horses were fed at all
while in possession of the greenyard keeper. Rippingale's
horse and cart was in the care of the greenyard keeper
from 5 o'clock to 12 on Saturday night, and ho was
charged Bs. 10d. He did not believe that his horse had
received any provender whatever.

Mr. Haws addressed tho magistrate at considerable
length on the imposition practised upon him. He sent food
for the horses in the middle of the day, yesterday, and he
was compelled to pay 245. before his waggon and horses
were restored to him. He wanted to know by what autho-
rity the police removed horses, cattle, and vehicles to the
green-yard, where such charges were made.
Mr. Paget had no authority over the green-yard. The
keeper was self-constituted, and beyond his authority. He
could not take the bills from the green-yard. If Mr
Haws thought the bill was excessive he had better write.
to Sir Richard Mayne, the chief commissioner of police,
who would pay every attention to the matter. He dis-
charged
the prisoners.

COURT OF QUEEN'S BENCH.
(Before the Lord Chief Justice and a Special Jury.)
FITZGERALD V. NORTHCOTE AND STONE.
This was an action brought by Mr. Justice Fitzgerald,
formerly Attorney-General for Ireland, and now one of the
Judges of the Irish Court of Queen's Bench, for assault
and imprisonment by the defendants, who pleaded not
guilty.

Mr. Coleridge, Q.C., Mr. Brown, Q.C, and Mr. Phil-
brigg, Q.C., were counsel for the plaintiff; and Mr. Kars-
lake, Q.C., Mr. Vernon Harcourt, Q.C., and other learned
genCemen, for the defendants.

From the opening statement of counsel it appeared that
the plaintiff was not actuated by any ill feeling towards Dr.
Northcote, but that the actual object of the suit was to vin-
dicate the character of his eldest son, Mr. David Fitzgerald,
upon whom the injuries charged had been inflicted. Ori-
ginally the college of Oscott, which was at present affiliated
as a Catholic seminary, was limited to the educational
training of young men intended for the Roman Catholic
priesthood, but the funds being insufficient to maintain the
institution for the purpose exclusively, it was converted
into a school for the reception of the sons of Roman Catholic
gentlemen who were not intended for orders. The college
was supported from the premiums paid by these young
gentlemen, and a certain number of students were admitted
who were designed for the Roman Catholic priesthood,
and who received their support and tuition out of
the funds supplied by the lay scholars. Between these
two classes some sort of ill-feeling was supposed to
have prevailed, and to have led to the transactions which
gave rise to the present proceedings. The learned counsel
here adverted to some of his personal reminiscences of Dr.
Northcote at the University of Oxford, and said that he
was an ornament to the Roman Catholic Church, and was
well adapted to preside over an educational institution like
Oscott, of which he was at present the principal. The other
defendant, Mr. Stone, had been educated at Oscott, and
was ordained there; shortly after which the office of Pre-
fect of Discipline to the institution having become vacant,
it was conferred on him by Dr. Northcote. Mr. David
Fitzgerald had been educated at Oscott, which he
left in 18G4 for the purpose of matriculating at the
London University. Having effected this object, he
returned to Oscott to continue his studies until the period
arrived when ho could apply at the London University for
his degree. It appeared that a society entitled the
A. B. C. had been formed by the lay students at the col-
lege, which meant the Anti-Bunker Confederation,
" Bunker" being a term applied to the clerical students.
Mr. Stone discovered Mr. David Fitzgerald reading a
book containing the rules of the society, which he took
from him forcibly and then ordered him into confinement.
He saw Dr. Northcote afterwards, but that gentleman
apprised of the conduct of Mr. Stone, mentioned that
matters against the rules of the college had been found in
Mr. Fitzgerald's letters. Ultimately Mr. Fitzgerald was
expelled the college, after being subject to these indigni-
ties. Mr. Fitzgerald had since obtained a degree of B.A.
with honours, and was a young gentleman of considerable
ability.