The Sun.
London, England, 1866-11-07 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 7, ISM

LAW INTELLIGENCE,—This Day.

COURT OF EXCHEQUER•

:sittings at Nisi Prius before Mr. Baron Martin and a
Common Jury).
NEWTON V. THE GREAT EASTERN RAILWAY COMPANY.

This was an action for assault by the defendant's ser-
vants.

Mr. Joyce appeared for the plaintiff, and Mr. Sergeant
Ballantine and another learned gentleman for the defend-
ants. The facts of the case wore developed in the following
evidence.

Mr. James Newton said he was plaintiff in this case. He
was a potato merchant, and had the Rose of Denmark
public-house on the Barking-road and the mail-coach pub-
lic-houso in Farringdon-street. On the 19th of June last
he was returning front North Woolwich by the last train.
He had a return ticket, which he took at the Feachurch
station, the half of which ho now producod, and for which,
b,:ing a second class, he paid sixpenco. When he arrived
at Stratford-bridge station the ticket-collector came to the
carriage and asked him for his ticket. Ire felt in his poc-
ket, but he could not immediately find his ticket, and he
told the collector that ho could not get it at once, although
he knew he had it in his pocket. The collector said to
hint that he must either find his ticket or come out. He did
not feel disposed to got out of the carriage as he would
have had to walk six miles to his own place, it being the
only train for that night, and he told the collector that if
ho could not find the ticket he would pay his fare at the
Shoreditch station. The collector still insisted ou his
coming out of the carriage, and he gave him his name, and
said he was landlord of the Mail Coach in Farringdon-
street. The collector then got into the carriage to pull
him out, ho (witness) being at the time sitting near the
further door. Finding ho could not drag witness out, ho
called some other persons, and two or threo officers of the
company entered the carriage and began pulling him out•
The collector said, " Out you come, out you come." Ono of
the men also went to the outside of the carriage and at-
tempted to loose his hand. Finding he could not get him
out he gave his nose a wring and made his eyes water
(Laughter.)

Mr. Joyce—That is the narrow gauge,
I suppose.
Witness—His nose bled very much, and a gentleman in
the carriage gave him his handkerchief, which became as
wet with blood from his nose as if it had been dipped in
water. The men pulled him very much about, and from the
state of his clothes, although not torn, he looked more like a
beggar than a gentleman. He suffered much for a fortnight
and the next morning his arms from the wrists upwards
were black.

In cross-examination by Mr. Sergeant Ballantine, wit-
ness said he showed his arm to one of his witnesses, Mr.
Sutton. He knew only the latter gentleman, although
there were two others in the carriage, and he was not a
friend. Ho believed that one of the gentlemen paid his
fare, and if one of them had not interfered ho believed that
his arms would have been torn out of their sockets.
Sergeant Ballantine—You would have come out in
pieces. (Laughter.)
Witness—He did not remember saying that if ho did
not pay his fare he must give him his name and address ;
and to the best of his belief he did not. He certainly did
not say he would "see him first."
Mr. Peter Sutton, a builder, Barking-road, said that ho
was in the carriage on the night in question, and corrobo-
rated the statement of the plaintiff as to what occurred at
the Stratford-bridge station.
As the case was proceeding an arrangement was entered
into between the parties, by which a verdict was taken for
the plaintiff for 40s. and the costs.

COURT OF PROBATE.
(Before the Judge Ordinary.)
DUNN V. DUNN.

This was a petition for probate of the will of Miss Mary
Dunn. There was an opposition raised on the ground that
there had been a re-execution of the will now sought to bo
proved some time after it bad been made.
The witnesses having stated the circumstances under
which the will was made,
His Lordship said it was rather a remarkable case. A
lady having made a perfectly good will in the year 1837,
and it had not been proved that she was at all displeased
with it, she kept it by her till 1861, when it
was contended that a re-execution of it took place,
and that one of the two attesting witnesses who was sole
legatee had forfeited his interest in the will, in consequence
of his being one of the witnesses to the execution of the
will. Such a contention would be very hard, but ho for-
bore to enter into that part of the matter. Tho material
question for the Court to deal with was whether that
which took place on the 20th of May, 1861, was in fact
a re-execution of the will. There were two
signatures on the document as well as that of the tes-
tatrix. The plaintiff's was one ; and it appeared that the
name was not written in the usual place for the attesting
witnesses, but under that of the testatrix, with the word
"executor" after it. It did not appear to the Court that
that signature could be called the sigxature of an attesting
witness ; and, indeed, the witnesses that had been examined
proved clearly that such was not the case. The petitioner
had given his version of the matter, and another person,
au independent witness, who had no interest whatever in
the matter, said that when he went into the room
on the 20th of May, 1861, the testatrix said she was
anxious to hand overher will and title deeds to her nephew
and she did not wish to do so without witnesses. She did
not tollthem she wished them to witness the signing of a will
as attesting witnesses, and after the will had been handed
over all the witnesses left the room. Ile was of opinion,
therefore, that the matter, which took place on the 20th of
May, was not a re-execution of the will, and that, there-
fore, the will propounded by the plaintiff was entitled to
praate. Ho did not think it was a case in which the costs
of the cause should come out of the estate.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE DR. WEBBER.

This bankrupt, who was a surgeon, of Tunbridge-wells,
and whose case has been before the court recently on many
occasions,
came up to-day to pass his last examination, and
for the order of discharge. It will be remembered that
some time ago Dr. Webber caused considerable consterna-
tion amongst the inhabitants of Tunbridge-wells, by a
sensational paragraph which he wrote, or was alleged to
have written, as to the sanitary condition of the town. A
great deal of excitement prevailed at the time, and at
length this culminated in a riot. Some action at law en-
sued, and finally a petition was filed in this court. This
morning the bankrupt was examined at great length by
Mr. Reed, for the assignees, upon the figures in the balance
sheet, his Honour remarking that many of the questions
were irrelevant, and simply led to a waste of time, and
the case was ultimately adjourned.

MARKETS.---This Day.

--4- --

MARK ',ANN
The quantity of wheat received fresh up to our market,
to-day, from Essex and Kent, was very moderate, and in
but middling condition. Owing to the limited attendance
of millers, the amount of business concluded was by no
means extensive. Selected parcels'
however, were dis-
posed of at full quotations ; but, for inferior sorts, the trade
was dull, at Monday's decline.
There was a fair show of foreign wheat. Tho transac-
tions wore chiefly in retail, but the value of fine qualities
was well supported. Other kinds unaltered.
Floating cargoes of grain were in limited request, at
about previous quotations.
Fine barley was scarce and quite as dear. Grinding and
distilling sorts met a slow sale at the late decline.
Malt was firm in price, with a moderate demand.
In oats sales progressed slowly, and the value of inferior
ports had a drooping tendency.
Beans and peas changed hands to a moderate extent at
full currencies.
The flour trade ruled quiet on former terms.

SHIP ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English and Scotch 310 1,120 450 90 390
Irish
Foreign BO 3,240 2,880 1,330 sits.
1,330 kis.
COMPARATIVE QUANTITIES AND PRICES OF GRAIN.
For the week ending Nov. For the corresponding week
5, 1866. last year.
Qrs. Avor. Qrs. Aver.
Wheat 79,098-54s 9d Wheat 77,350-43s 4d
Barloy 70,571_43510d Barley .......,.55,124-31s 6d
Oats 5,199-23s 7d Oats

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

A USEFUL CAUTION.—Mr. Tyrwhitt handed the follow-
ing letter and enclosure to the reporters this morning :
" Nov. 6.

" Sir,—l beg to call your attention to a circular con-
taining a Caution to Householders,'l requesting them to
have the area gates locked at dark, and not unlocked until
nine in the morning. This last named is a very important
precaution, as thieves are abOut early as well as late. If
you will kindly place the notice in the hands of the re-
porters, the publicity which they will, no doubt, afford
the matter will be of great use now families are return-
ing to town. As for area gates they are constantly wide
open, but the question suggests itself—What aro they for ?
They might just as well be off the hinges for the use they
are. Itsis a very dangerous practice to leave them open,
as children and infirm persons are apt to fall down the
steps.—Yours, &c. " PRECAUTION."

The following is the " noti,co" alluded to :

"AREA THIEVES. CAUTION TO HOUSEHOLDERS.—Heads
of families are respectfully requested to assist in suppres-
ing a pernicious system, by deciding to have their door
gates henceforth kept locked from dusk in the evening till
9 o'clock in the morning."
CurEL CASE or DESERTION.—George Hall, cab driver,
badge 1,129, was brought Mr. Tyrwhitt on a warrant for
neglecting to maintain his wife and two children, Mary,
aged three years, and John, aged four months.
_ _

Mr. George Badderley, assistant overseer of the St.
George's, Hanover-square, district, said that about six
weeks ago the wife and two children of the prisoner were
admitted into the workhouse in a wretched state, and he
regretted to say that one of the children, the youngest,
died on Monday last, and that the wife was very ill. It
was a very bad case, the prisoner having deserted his wife
and family to cohabit with a girl.
The prisoner had nothing to say.
Mr. Tyrwhitt said the prisoner had deserted his wife,
and left her desolate, to cohabit with a girl. His conduct
was cruel and disgraceful, and he would be committed for
a month with hard labour.
CRUELLY FLOGGING A CAB HORSE.-Arthur James
Creasy, a cab driver, wearing the badge 12,795, appeared
before Mr. Tyrwhitt on the complaint of Mr. William Love,
of the Royal Society for the Prevention of Cruelty to
Animals, for cruelly illtreating a horse.
Dr. Berry King, of Stone, Staffordshire, but staying at
No. 41, Maddox street, Hanover-square, deposed that on
the 24th ult. he was in Regent-street, when he saw the
defendant driving a horse attached to a cab. The horse
was in a very bad condition, and the defendant was gallop-
ing it as fast as he could, flogging it most unmercifully,
and changing the whip from hand to hand, all the way
from Conduit-street to Ann-street. The defendant had no
excuse for his conduct, as there was no one in the cab at
the time. He (Dr. King) was aware that cabmen generally
treated their horses well, but there were some who acted
in a very different manner, and actually forgot that their
horses were a means of supporting them.
The defendant denied illusing his horse, and called a
constable named Hutton as a witness, but the constable
stated that although he was walking down Regent-street
he lost sight of the defendant from Conduit-street to Air-
street.

Mr. Tyrwhitt having remarked that there was a class
of cabmen who did not know whether they were illusing
a horse or not, fined the defendant 10s. or seven days.