The Sun.
London, England, 1850-05-03 00:00:00

COLONIAL.

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Lord CAMPBELL said, on consulting the Nisster of the
Court, he folio() there ha l been it:stances before *•ticre,
upon the application for the exercise of the indulgence
of the Court, wt,ere the Crown was a party, it had been
Usual to impose such terms as the payment of costs; and
the Court thought, in the exercise of that discretion, the
costs should be paid in this case.

COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco. before the LoBD CHIEF JUSTICE. and
Justices CRESSWELL, WILLIAMS, and TALFOURD.)
No business of any interest was brought before the
Court this morning.

EX CHEQUER.—(THIS DAY.)
;Sittings at Nisi Prius, in the Exchequer Chami er
at W estruinster, betire Mr. Baron ALDERSON and
Common Jury.)
GAY V. EASTERN COUNTIES RAILWAY COMPANY.

Thia was an action to recover compensation in da•
wages for assault and false imprisonment by the defend-
ants' servants.
Mr. Cockburn and Mr. Browne appeared for the
plaintiff; and Mr. Martin, Mr. E. James, and Mr. Wiles
conducted the defence.
It appeared from the opening statement of counsel,
and the evidence of witnesses, that the plaintiff
was a gentleman of great respectability, and one
of the corn meters to the corporation of Lon-
don, and baying occasion to go to Rumford on business,
he drove down there in a gig in company with a gentle-
man named Town. On arriving at Romfurd they met
with an accident, the horse having ran away, and they
were compelled to return to town by the railway. They
went to the Romford station, and procured two third-
class tickets. The up-train to London had just arrived,
but as it was market-day every compartment in the
third-class carriages was filled, and on intimating to a
porter that they were unable to get a seat,
he directed them to go into a second-class
carriage. They got inside, and when they
inquired whether they were not doing wrong, as
they were only third-class passengers, the porter re-
plied, " Oh I it is all right," and then closed the door.
Just before the train started, a number of passengers ar-
rived at the station, and to accommodate them a third-
class carriage was put on behind, but the plaintiff and
his friend were not requested to get into them. When
the train reached Shoreditch, they Leaden:el their tickets
to the guard, but he demanded 9d. more of each of them,
as they had travelled in the second-class. They
refused to make this additional payment, and explained
how it was they came to get into the carriage, but the
guard refused to let them at liberty, and they were ulti-
mately given into the custody of one of the company's
officers, named Shackle, who took them before the ma-
gistrate at Worship street, but they were immediately
discharged. They, therefore, went back to Shore-
ditch, and offered to return to Rotnford is company
with one of the officers, and to pay all the expenses of
the journey, in order that the matter might be
explained, and they exonerated from all intention to de-
fraud the company. This ofga was, however, not ac-
ceded to, and the present actual had been instituted not
f,r the purpose of making money. but to show railway
companies that the public were not to be placed at the
mercy of their servants without having some means of
redress.

Mr. Town and other witnesses were called, whose
evidence went to show that the plaintiff and his friend
were treated in a somewhat summary and abrupt manner
at the Shoreditch station.

Mr. Qusack Y. Runny, secretary to the Eastern
Counties Railway Company, stated that Shackle was a
detective officer of the company, whose buAness it was to
trace out frauds and robberies upon the company, but he
had no authority over the passenger traffic of the line,
and had no right to take the plaintiff into custody. When
he found out cases of fraud and robbery, it wai his duty
to report them to the superintendent. lie had received no
directions from the company to act in such a csse
as the present, and therefore he was not justified in the
eyes of the company,
Mr. Baron ALDERSON thought there was no evidence
to go to the jury. It had been shown that Shackle was
not authorized by the rules and regulations of tbo
company to take the plaintiff into custody, and there-
fore they could not be held responsible for an act to
which they were not a party.
A jurytnan wished to know whether Shackle was
still in the service of the company?
Mr. Baron ALDERSON—You may take that for
granted as far as the question in this case is concerned.
Another juryman, after a short consultation with his
brethren in the box, said they were then decidedly of
opinion that the company was responsible for the acts of
their servants.

Mr. Baron ALDERSON—Bat it is my duty to lell you
that in point of law they are not. It would be absurd
to make a man responsible for the acts of his servant
when he was unauthorised by his master.

Another jurym4n—But, Ely Lord, we all agree in
thinking the company are in this case responsible.
Mr. Baron ALDERSON (rather warmly)—Then as you
appear dissatisfied with my direction, and are going to
take the law out of my hands, I will try with another
jury.
After some discussion betwcon his Lordship and

SucAri.—There hasbeena----very quiet market, and
prices hove undergone no particular alteration. Bar-
badoes has reuliaed 40s to 428 for fine yellow, and 35. 6d
to 36s 6d for low. Trinidad has been taken in ar 353.

liLFlNED.—Grocery lumps hive bee❑ sold at 48s 6,1 to
5O C(1.

EAST INDlA.—Mauritius sold, for 7,365 bags offered
publicly, a, 34s to 39a for low to fine yellow, at 33s 6d
to 386 or I.;rt-y, hnd at 28i to 34s fur blown. Bt
4,079 bags went at 36s to 39s fur urd, and fine white
13,nares at 398 to 42s 6d for good and fine
grainy yellow, and at 33s to 34a 6d for fair EO/ )cllow.
Madras has born rather cheaper; soft brown 27a to 278
6,1, and ord yellow 28s to 28s 6d.

FoREIGN.L-Java, 372 ba.kets and 3,247 bags was
taken in, yxcept the damaged, which sold at 32s 6d to
373 6d for washed grey and brown, and at 41s for white.
Cuba, 343 hhds, was taken in at 3.53 to 38s for low to
mid grvy.

COFFEE.—The market has been exceedingly quiet,
but prices have not changed much. Prices are in
favour of buyers on the whole. Good ord Native Ceylon
has been sold at 40s to 41s, and black triage at 20s per
cwt. Rio good ord has been sold at 37s 61 and ord at
365. Jamaica has been taken in at 45s to and Mau-
ritius ord rad has been sold at 36s per cwt.
Ct o:A.—Good red Trinidad has been sold at 44s to
465, and ord and mid dark at 38s to 40. 61 per cwt. The
article is quiet.
lircE.-13engal has been held for stiffer prices.
6ALTPETRE.—Prices are rather lower, Bengal has
been nearly all taken in at 24s to 24s 6cl for 91 and
111bs refraction.

Surcus.—Pimento has been cheaper; ord alid per lb.
Bengal Ginger has been sold at 18=, and Jamaica at 85s
to 945. Black Pepper has been rather cheaper, viz.,
2i3 to 2,0 per lb. White has realised 64ti to 7d. Nut-
megs have been sold at Is 9d to 2s 3d, and Cloves at 1 Id
to Is 3d per lb. Cinnamon has gone off heavily at a de-
cline of 3d to 6d per lb on the second, and 6d to 93 on
the first qualities.
Rum.—The business done has been small.
COTTON.—The market has risen id per lb within the
last day or two, and the demand increases.
TEA.—There is no alteration in prices.
TaLLow.—P.Y.C. is 37s per cwt on the spot.
GREEN FRUlT.—Contrary winds prevent the arrival
of 0. annex, the market for which has improved, and an
ad►ance of 3s to 5s per box may he quoted. D mons
are dearer. A parcel per Sandwich, at ;Messina, sold
by Keeling and Hunt at public sale, went at an advance
of 2s per case. Barcelona Nuts without alteration. A
parcel of Brazil, consisting of 1,000 barrels, has been
taken by the trade, the moderate price of which is in
favour of consumption.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings in Banco, before Lord Chief Justice CANP-
BELL, and Justices PATTESON, VVIGHTHAN, and
ERLE.)
THE QUEEN V. THE BISHOP OF EXETER.
Mr. KARSLAKE said, in this case he bad to apply for
leave to withdraw the demurrer and for leave to amend.
The ATTORNEY-GENERAL said the Bishop of Exeter
was applying here before argument for leave to amend,
and, at that stage of the case, it would be as w ell for
him to offer one argument against the discretion t,f the
Court being exercised here. He (the Attorney-Gene-
ral) could nut be taken to be a consenting party, for the
Crown felt v, ry much aggrieved.
Lord CAMPBELL said there would be leave granted to
amend on the tr,ual terms of payment of cots.
Mr. KABSLAYE said in a ea,e where the Crown was
concerned there could b:. no costs,

The ATTORNEY-GENERAL Said he was not a consent-
ing party to this application, and he was in Court on
this occasion in his private capacity, on behalf or Mr.
Gorham, who used the Crown, as he had a right to do,
in an application for a quire inipcdit. He (the At-
torney-General) did gri,voubly complain of the course
which the defendant had taken. This was the second
special damurrer fur raising a question which might have
been rdsed long ago.