The Sun.
London, England, 1850-12-09 00:00:00

GAY V. SHACKLE AND ANOTHER.

Mr. E. James, with Mr. J. K. Brown conducted the
case for the plaintiff, and Mr. Sergeant Shee, with Mr.
i I. Hill, fir the defendants.
This was an action to recover compensation in da-
nalg,es for an injury alleged to have been sustained in
consequence of false imprisonment, at the instance of the
defendants.
The defendants pleaded "Not Guilty."
it appeared that the defendants are both in the service
of the Eastern Counties Railway, the one as a police-
ofli,cer, and the other in the capacity of superintendent of
one of the departments in the establishment at the
Shoreditch station. The plaintiff, wbo is one of the
deputy cornmeters of the city of London, with a friend
of the na.ve of Towne, drove down to Rumford on the
31 of April in the present year, but, in consequence of
an accident having happened to the vehicle in which
they had ridden, they were compelled to avail them.
.!,Ives of the Eaitern Counties Railway. They accord-
ingly purciia'ed two tickets for the " third" class,
On arriving at the platform they found that there was
m) room in any one of the " third" class carriages, and
therel ire they sp• ke to one of the porters, by whom
they were told to get into a " second" class, as the train
was on the start. The plaintiff, however, said, "We
have only third•class ticket,.; will it be right?' To this
the reply was, " Oh. yes, it's all right." The defendant
And his friend acc.a.dingly travelled to London in the
second-c!ass carriage) but on their arrival at Shore-

ditch the guard asked them for an extra ninepence each,
that being the difference between the two fares. Of
course, under the peculiar circutnatances of the case,
both re'uied to comply with the demand, Mr. Towne re-
al Irking that they had ridden in the second class to ac-
eofnuiotiate he company. The guard, nev. rtheless, per-
-31.,;tik1 in the demand, and as they were walking along
the platform the guard heckore I to another man, who
Aub.e.que.ntly proved to be the defendant Seackell, who
wrii Lilco in plain clothes. The cl.se was then repeated to
him. The pl,intiff and his friend gave their explanation of
he reason why they had travelled in the second instead
the third-mass carriage, and went on to say that their
st.steinent could be verified by one of the company's
guards, who rode with them from Romford to Forest-
gate. Towne then asked Shickell who he was, when
the latter replied, You will find me a man of business."
The former then inquired "if he and his friend were in
custody," which question Shackell evaded by saying,
You must come with me," whereupon Towne said, "I

,hall not stir an inch unless by coercion." Upon this
both parties were conducted a room, where they
round the other defendant, Church, to whom the cir
curnstanees of the case were related. Towne expressed
his readiness to go back to R irnforsi for the purpose of
pointing out the porter by whom they had been told to
get
to the second class carriage, or to pay the expense
of sending some one down to make inquiry into the
trulfainess of their statement. Previously to t mater
nevtng arrived at this point Towne had handed his
card with his address upon it to Shackell, but the plain-
tiff had reftved to give his, in consequence of some irri-
tating observations which had been made by that
officer, to the effect that they had made a false state-
ment. Eventually the defendant Church gave direc-
tions fur Shackell to accompany the parties to a police-
court. The plaintiff and his friend wero therefore
walked through the public streets, between four end
five o'clock in the afternoon, to the police-court in Woe-
ship-street, where they wore detained some time in an
outer office amongst other prisoners, several of whom
had since been convicted and transported. When the
particulars of the case had been represented to Mr.
Arnold, the sit'ing magistrate, that gentleman at once
dismissed the charge, and intimated to Shackell that if
there were any real demand the parties should have
been summoned, and not brought to a police-court,
especially, too, as he had received the card with the ad-
dross of one of them. After the case had been dis-
missed, the plaintiff and Towne walked away with
Shackell, and accompanied him to the station for the
purpose of ascertaining the result of the inquiry which
was to be made by means of the electric telegraph, when
they found that all the answer that had been returned
to the inquiry was—" that the porter was, at tea."
This was the injury which the plaintiff complained of,
and for such injury it was that he now sought com-
pensation.
Evidence having been adduced in support of the above
outline of facts, _ _ _ _

Mr. H. Mu :addressed the jury on behalf of the de-
fendants, contending, in the first instance, that no proof
ba I been given of the fact of the plaintiff and his friend
having either been given or taken into custody by either
or burl of the defend rots.

Several witnesses were called to support this view of
the matter, namely, that so far ffom tho persons having
been given into custody they had themselves suggested
the appal to the magistrate to settle the question.
Mr. E. JAMES replied in au excellent and humorous
speech.

The CHIEF BARON then left it to the jury to say whe-
ther Wither or both the defelichnti had been guilty of
what was imputed to them by the plaintiff; if so, then,
they would find for the plaintiff against either or both,
and ahao say what amount of damage that gentleman
had t !Li n ed,

The jury consulted for a few moments, and then
gave a verdict f.r the plaintiff as against both the de-
fendants—Damages 100/.

PUBLIC BATHS AND WASHUOUSES —OO the 4th
inst. memorials were presented to the corporation of Tyne.
mouth from the burgesses and ratepayers of North Shields
and Tynemouth, praying the council to erect public baths
and washouses under the provisions of the Rev. Sir Henry
Dukintield's Act. The council resolved, by a large majority,
" to proceed as early as possible to erect baths nud wash-
houses for the use of the poor in the borough," and they
instructed the town clerk to procure the ,details.nrcessary to
enable the council to carry out the measure with vigour
and effect. The corporations of Neveastle and Sunderland
have already. Availed themselves- of the acilities afforded
under the Act.