The Sun.
London, England, 1859-04-02 00:00:00

LAW INT.&

'THIS !DAY.)

SECONDARIES' COURT.

In cross-examination the witness said that the owner
might have been present when he took away the horse, but
plaintiff was employed by the railway company.
King was called and said he had Mr. Wallace's authority
for fetching a surgeon, as the case was urgent. The com-
pany's surgeons reside at Croydon. Mr. Wallace was
superintendent a- the London-bridge station. There was a
general manager of the whole line, but no one interfered
with Mr. Wallace at his station. There was a secretary's
and a solicitor's office and a board-room.
Mr. Charnock—Wallace is not called. There is no evi-
dence that he had authority to interfere in this case.
He submitted that there was no case for the jury.
The learned Secondary having intimated that he should
be glad to hear the argument,
Mr. Charnock said that he had objected to King's
evidence upon the principle that there was nothing to shoW
Wallace had any authority to send the horse to plaintiff's
stables ; that being so, there was nothing to bind the rail-
way company by the acts of King and Wallace. Now he
would read to the learned Secondary a case exactly all-fours
with the present, reported in the Law 19urnal. This case,
" Cox v. the Midland Railway CoMpany," was tried at
Warwick, and was brought by a surgeon to recover a sum
for attending a man who had been injured in a railway
accident. The surgeon had been called in by the superin-
tendent at the station near which the accident happened.
The jury found for the plaintiff, and it was reserved as a'
point that leave should be given to enter a motion for a non-
suit. This was tried at Westminster, and then Mr. Baron
Parke non-suited the plaintiff (with the concurrence of a
full bench). Mr. Baron Parke said that the station-master,
or superintendent, had no authority to call in the surgeon,
and therefore the company_were not liable, for his acts.
There was no hardship, as the action should be brought by
the sufferer in the usual way. Now, here was a case
precisely similar, and here Wallace bad no authority, and
the owner of the horse should bring his action in the usual
way.

Mr. Butler said he was quite prepared for the case
quoted, and the same was not all fours with the present.
In the first case the sufferer was a man who had his facul-
ties about him, and in the second case the sufferer was a
horse. Now a horse was, to all intents and purpows a
chattel—luggage, and, as such, came under the supervision
of the superintendent, He contended that the case for the
jury was clear and defined.

The learned Secondary was inclined to the view taken by
Mr. Butler. As to the argument that there was a manager,
and solicitor, and secretary, and board, no one would have
authority but the latter. As this was a case for an argu-
ment, and was somewhat open, at Mr. Charnock's request,
a verdict would be taken for the plaintiff, with leave to move
to enter a nonsuit.
Writ stayed.

POLICE INTELLIGENCE.-(2111IS DAY.)

MANSION-HOUSE.
Jamos Shaw, aged 18, 5f feet high, light complexion,
grey oyes, sandy .coloured brownish hair, was charged before
Mr. Alderman Rose by Sergeant Michael Ward, local com-
pbaanttay,liTowert-hhei 121 ,wwith
Foot.b e a
Ile h,addesbeeretenr from
in th 6
Lancashire
Militia. lie deserted from Preston ill August last. He
pleaded guilty, and Mr. Alderman Rose sentenced him to
be imprisoned in Holloway Prison, and communication
made to the Secretary at War.

Thomas Carter, aged 18, was charged with stealing a
black coat with silk linings from the shop doorof Messrs.
Luke and Thorpton, outfitters, 56, Merchant-street, City,
value £l. Mr. Sackenas Clement, assistant, said that the
coat was taken from the shop door last night, and it was
found in the prisoner's possession. Mr. Alderman Rose
sentenced the prisoner to ono months' imprisonment with
hard labour.

John Fazin, a freeman of the River Company, was
charged upon a summons by Robert Cabil, beadle and in-
spector f e Liverymen Water Company, with infringe-
ment of the bye laws in refusing or neglecting to take pas-
sengers from the steamboats lying in the river, and with
contempt of court in not attending the Ward Court when
summoned to attend and answerthe charge. The defendant
pleaded guilty, and Mr. Alderman Rose fined him for con-
tempt of the Ward Court 2s. 6d. and 3s. 61 costs.

MARLBOROUGH• STREET.
USEFUL CAUTION TO Ho usEx EEPEus.---Edward Challis
artist, and Samuel Davis, described as a French polisher,
were charged with going to the house of Dr. John Ash-
burner, of 7, Hyde Park-place, under the following suspi-
cious pretence ; and as the practice is said to be rather pre-
valent, the public cannot be too much on their guard.
Dr. John Ashburner said that, on the previous night,
about eight, the prisoners presented themselves at his
house, and were admitted by his servant, they having
stated they wished to see him. He was upstairs at the
time, and on coming down he found the two prisoners in
the dining room. Challis began a long story about Davis
having a blind relative, and that he was anxious to go to
Melbourne ; and then commenced a rigmarole about Davis
having made a wonderful discovery of a furniture reviver,
a bottle of which he produced. He (the dotter) asked how
they dared come to his house at night with such a frivolous
business; and having been cautioned by the police some
time previously, sent for a constable.

Inspector Combo said Challis had been in custody two
years since, and he carried about a bottle of varnish. The
other (Davis), be should be able to prove, was the asso-
ciate of a begging-letter impostor, named " Stiff Legged
Sam."

The constable who took the prisoners into custody said
he found a " street guide" on one of them.

Mr. Bingham said it was a case of suspicion so strong
that ho should not let them go without bail, and should
remand them for inquiries.

THAMES.

DARING ROBBERY IN A DWELLING-TlOUSE.—Charles
Tubbs, a tall young man, of sir ister aspect, was brought
before Mr. Yardley, charged with stealing a gold watch,
value £lO, from the residence of Mr. Ward, a gentleman
residing in the Cituden-road, Bow.
It appeared from the evidence of Sarah Chambers, a do-
mestic servant in the employ of the prosecutor, that, on
Saturday afternoon, the 26th instant, she went out upon
an errand, and upon her return, was descending the area
steps leading to the kitchen, when she met with the pri-
soner, who was coming out of the kitchen, and who said to
her, "Do you wany any note-paper, ma'm ?" She replied
in the negative, and hurried into the kitchen, and directly
missed her mistress's gold watch from a ease on the mantel-
shelf, where she had left it a few minutes before. She
called out, "The watch is gone ! thieves I thieves I" and
the girl and her mistress pursued the prisoner, who was
seen running away at full speed. He dashed across the
Bow-road, and was pursued by Watson, a police-constable,
No. 183 IC, who hunted the villain into a brick-field, where
he sought refuge, and after a close search he was found
crouched down close to a hedge. Watson said, " You must
consider yourself in my custody for stealing a watch." The
prisoner made a determined resistance, but Watson suc-
cessfully grappled with him and secured him. The pri-
soner, in his first examination, said he got his living by
hawking stationery, and went to the house of the prose-
' cutor to obtain a customer for his note-paper.
Deible, a detective police-constable, No. 195 K, attended
this day for the first time, and said the prisoner belonged
to a notorious gang of thieves, who, under pretence of
selling note-paper, fire shavings, hearth stones, and other
articles, obtained admission to dwelling-houses and plun-
dered them. The prisoner had been twice convicted of
felony. On the first occasion he was sentenced to 12
months' imprisonment and hard labour, and on the second
to 12 months' imprisonment and hard labour.
Mr. Yardley requested Mr. Bowdler, second clerk, to take
the depositions formally, and committed the prisoner for
trial.

4PATAL ACCIDENT.---TWO MEN KILLED.--LI-
VERPOOL, Thursday.—This morning, whilst a large pump
was being withdrawn from the Liverpool Docks, by the aid
of a pair of shears, secured by a strong rope, the rope snap-
ped,falling on two men, killed them in -
drieti were removed to the hospital dead-
tiy. and theTh eshboea
house, where they will await a coroner's inquest.
a n

BOWDEN V. THE LONDON, BRIGHTON, AND SOUTH COAST

RAILWAY COMPANY.
This was a great contest between plaintiff and the. 'IC
_ _ _

way company, in which plaintiff sought to recover the* sum
of £l4 6s. Gd. for the keep of a horse from Nov. 8, 1858,
to Feb. 10, 1859. •
Mr. Butler appeared for the plaintiff, and Mr. Charnock
was :counsel for the defendants.
It appeared that on the 14th of September last an acci-
dent occurred on defendants' line by which a very valuable
horse was injured. It was conveyed to the company's
stables, and one of the horse-keepers reported to the super-
intendent that it was requisite the animal should have im-
mediate medical attendance. This horse•keeper (King)
was desired by Mr. Wallace, the superintendent, to go to a
Mr. Reid, a veterinary surgeon, but that person not being
at home, King called upon the plaintiff, whose brother pro-
ceeded with him to the company's stables. Finding the
stable in which the injured horse was confined ill ventilated,
plaintiff's brother suggested that it should be removed to
plaintiff's premises, and there be properly attended. This
being acquiesced in by the owner, who was present, and
Mr. Wallace, a receipt was given for the horse, and it was
taken to plaintiff's stable, King accompanying the animal
on its way thither. He called frequently to see how it was
getting on, and he sent down a horse-cloth when more
clothing was required. Ho also requested plaintiff
to let him (King) know if any change took place for the ,
worse. (It may here be mentionced that upon a former oc-
casion plaintiff brought an action to recover from Septem-
ber 15th to November 6th for keep and medical attendance,
and that he then obtained a verdict.)
Plaintiff's brother was called to-day, and said that when
King fetched him he demanded to be informed by whom
he was employed, and that King replied, "By the London,
Brighton, and South Coast Railway Company." That
when King called after the horse was in plaintiff's care
King repeated this statement.
Mr. Charnock took a general objection to all this evi
dente, and requested that a note should be made of the ob
jection.