The Sun.
London, England, 1850-04-03 00:00:00

WAY COMPANY.

This was an action on the case brought by the
plaintiff, a commission agent at Manchester, to recover
compensation in damages from the defendants for in-
juries received on their railway in February, 1849,
in consequence of their alleged neglect in having a
faulty tender on the line, whereby the train was
thrown off the rails and down an embankment,
breaking the plaintiff's leg, injuring his spine, and
causing him to lose a valuable appointment. The de-
fendants pleaded "Not Guilty," and, secondly that he
was not a passenger on that occasion.
Mr. Martin, Q.C., Mr. Cowling. and Mr. Lawrie
appeared for the plaintiff; and Mr. Knowles, Q.C.,
Mr. Atherton, and Mr. Rew, for the defendants.
It appeared that the plaintiff, who was a commis-
sion agent at Manchester, having business at Glasgow,
on the 10th of February, 1849, went to Preston,
where he took a sec )nd-class railway ticket for
Glasgow, the defendants' railway company being
common carriers from Preston to Glasgow, and paying
a mileage for that portion of the road beyond their
own line. The plaintiff travelled to Carlisle, where
he was required to get into another carriage belong-
ing to the London and North-Western Railway
Company. The engine, tender, and carriages were
examined at Carlisle. On arriving a little beyond the
Rocliffe station, a few miles beyond Carlisle, the
engine and train ran off the rails and down an em-
bankment, breaking in pieces the carriage is which
the plaintiff was, killing three passengers severely in-
juring several, and breaking the plaintiff's leg and
injuring his spine, owing to which injuries the plain-
tiff had lost a thriving business at Manchester. The
accident was stated by one witness, who had closely
examined the wheels of the tender, to have been
caused by one of the wheels of the tender not being
firmly fixed on its axle, in consequence of which the
wheel had bean forced three inches and a quarter in-
wards. The effect of this was to make the tender run
unsteadily on the line, and crossways, striking the
sleepers and knocking the rail out, thus leading
directly to the accident. From the evidence of the
surgeons called it appeared that the plaintiff had re-
ceived a comminuted fracture of the leg, a contusion
of the spine, a blow on the head, and a severe shock
to his system, from the effects of which he would never,
in all probability, thoroughly recover. He was laid
up three months in Carlisle, nursed by his mother,
and afterwards two months in Glasgow at his father's,
where he was removed. He had recovered now, but
looked pale and delicate. The doctors' bills amounted
to about 801., and his lodging bill at Carlisle was up-
wards of 301.

For the defence, the Learned Counsel contended
that this fault in the wheel was not a patent one, and
by no skill or care could have been discovered ; that the
wheel must have been in its place at Carlisle, where
the engine and tender were examined, and that the
removal of the wheel on the axle must have been
caused by some accident which the tender received
whilst running. The defendants by no means
wished to speak lightly of the plaintiff's sufferings,
and none could be more sorry than they for what had
occurred, and, had it been possible to settle this
matter out of court fairly to the plaintiff, and justly
to themselves, this action would not have been heard
of. If, however, the jury thought that the accident
arose from any fault or negligence of the defendants,
they must give the plaintiff such reasonable damages
as the circumstances of the case demanded. His health
was restored and his business at Manchester would
be recovered.

His Lonpsnw, in summing up, directed the jury
that if, in their opinion, the plaintiff had made out
that the accident arose from the faulty construction
of the tender wheel and axle, the defendants were
liable for any damages which arose in consequence.
The mode of estimating such an injury by its value
in damages was very rough ; it was, however, the
only means of doing so, and if they were of opinion
that the defendants were liable they must give the
plaintiff fair compensation for the suffering and loss
which he had endured.

The jury retired, and after a short absence found
for the plaintiff—Damages 5001.

POLICE INTELLIGENCE.
MANSION-HOUSE.
RE-Ex A MINATION OF 11(.1a. WALTER WATTS.—
Walter Watts, late lessee of the Olympic and Mary le-
bone Theatres, who stands charged with stealing a
cheque for 1,4001., the property of the Globe Insur-
ance Company, was brought up again on remand
yesterday at the Mansion-house. The interest in the
affair seemed to be still unabated, and long before the
gates and doors of the justice-room were opened to
the public an immense number of well-dressed
people had assembled outside, and when the doors
were unlocked the rush into the court was terrific.
Mr. Alderman Gibbs sat for the Lord Mayor. Al-
dermen Copeland and Carden were also on the bench.
The prisoner was brought up at half-past one
o'clock, in the custody of D. Forrester.
Mr. Clarkson, instructed by Messrs. Freahfield,
appeared for the prosecution ; and Mr. Bodkin, in-
structed by Mr. Wontner, attended on behalf of the
prisoner.
The first witness called was Mr. Henry Bion
Reynolds, of Tottenham, who deposed as follows :—I
am the ledger keeper of the bank of Glyn and Co.
It is my duty to check off the entries in the pass-
books against the entries in the ledger. Afcer the
payment of a cheque of 1,4001. on the 14th of last
February, I found that there appeared an entry of that
payment in the Globe Insurance pass-book and in the
ledger. I see a place in the pass-book produced where
ithas been erased. The figures 447/. ls. 3d. have been
altered to 1,4001. I see no other erasure in the pass-
book. I perceive at the bottom striking the amount
upon the debit side. I see the whole
amount has been written on an erasure.
Ido not know Mr. Watts' handwriting. There was
an entry of 4471. ls. 7d., as well as the 1,4001. when
entered up in the ledger from the pass-book, on the
26th of February. That entry is also erased, and
I find it entered upon the spot where the 1,4001. had
been previously entered. It is usual to return
the cancelled cheques to the customers. It was
the custom of the Globe Insurance to send for their
pass-book every Wednesday.
Cross-examined—l am speaking of the general
practice of checking in the bank. A person calls
the items from the pass-book, and I check
them in the ledger, and I see a mark on the
ledger, which induces me to believe that the
items I have mentioned were called. It is the duty
of one clerk only to call the items from the pass-book,
and I tick off the items in the ledger. Tais ledger
contains the accounts of all our customers. When I
am away for holiday the ledger is checked by some
one else.

Re-examined—The total in the pass-book when
compared with the ledger, on the 26th February, was
22,0451. 7s. 9d. on the debit side. I cannot say who it
was that called the items, but a party calls the items
in the pass-book, and I see that they correspond with
the items in the ledger. The sums called on the 26th
corresponded with those in the ledger. They in-
cluded the banking transactions from the 19th to
the 26th.
Mr. Henry Probin examined—l am a messenger at
the Globe Insurance, and I was the person whose
duty it was to fetch the pass-book of the company
from the bankers every Wednesday. From January
last, down to the present time, it has been my practice
to fetch it from the bank. I apply for it at the coun-
ter, take it and carry it to the office. On each Wed•
nesday as I obtained it I al ways gave the pass-
book to the prisoner. Mr..Watts's office was in
the third floor. I used to deliver to him the
book down stairs, in the bottom. I believe
the book was handed by Mr. Watts to the secretary.
Mr. Watts generally waited for it in our bottom
office, not in his office, and then he went up to his own
office. That occurred always on the Wednesdays, so
that when I came into the office from the hankers' I
found Mr. Watts generally on the ground floor, wait-
ing to receive it.
Cross-examined by Mr. Bodkin—Generally speak-
ing I saw Mr. Watts. Sometimes I have taken
the book up stairs to him. In this yeer,
1850, I:have generally delivered the book below.
About ten clerks are engaged in the lower office, but
sometimes I found Mr. Watts in the entrance hall.
I bring the book open. The directors meet on
Thursday. The book was given to Mr. Watts, to
be laid on the secretary's table, where I have often
seen it while the secretary was in the room.
Re-examined—l have seen the book on the table on
Wednesdays and Thursdays—generally on Thursdays.
I have seen it this year on the table, but I cannot
say whether it was on a Wednesday or a Thursday.
Mr. Watts sometimes told me to go for the pass-book.
My place is to attend the hall, and Mr. Watts
has come from up stairs to tell me to fetch the
book. Generally speaking, I have always found
him waiting in the lower office for the
book, and when I have given it to him he has
taken it up stairs. The office I have mentioned is on
the right. hand side of the hall, and Mr. Watts,
while waiting in that office, could see me through a
glass-door, and he sometimes came out to rrl--e,t me.
Mr. Clarkson said this was all the evidence he had
to offer on the subject of the 1,4001. robbery, which
he thought was sufficient to justify a committal on
that distinct charge, and he called for one accord-
ingly. lie was prepared to go into other matters,
but he felt that he had advanced enough to justify
the Alderman committing the prisoner for trial.
Mr. Alderman Gibbs and Mr. Goodman, the chief
clerk, then retired to consider the application. On
their return, after a short absence,
Mr. Alderman GIBBS expressed a wish to have
another case proceeded with.
Mr. Frost Rothney, a cashier in the London and
Westminster Bank, was next called. On the 26th of

last February a cheque for 1,4001. on Glyn's was paid
into the bank to the credit of the prisoner, but I can-
not swear whether it was a Globe Inurance cheque.
I, however, produce a document that was delivered
in with the cheque. That cheque was cashed at
Glyn's, and the atnount carried to the prisoner's ac-
count. The money has been drawn from the account,
but there is still a small balance in the prisoner's
favour.

Mr. Roan, on being recalled, stated that the writ-
ing and figures in the erasures in the paspbook were
in the prisoner's handwriting The paper produced
was also in the prisoner's handwriting. This paper
was a pass ticket for the cheque signed by the
prisoner.

Mr. Rothney, in his cross-examination, stated that
he was positive he received the cheque and ticket,
as he entered the transaction in a book at the time.
Mr. William Steele was next examined.—l am
a clerk in Glyn's house, and on the 26th of last
February a cheque was presented for 1,4001.
to me over the counter by one of the clerks of the
London and Westminster Bank. It formed a part of
a large charge presented on that day. I know a
Globe Insurance cheque, and to the best of my belief
this 1,4001. cheque was one of them. After pay-
ing the cheque and cancelling it, I pass it to ancther
clerk, who enters it into a book, and then it goes to
the ledger, which is kept by Mr. Santhory. After
the cheques are written off our books, they are re-
turned to the customers. That is the practice of the
bank.

Mr. Reynolds recalled—On the 26th of February
last there was an entry in the pass book pro-
duced fur this second 1,4001. There has been an
erasure. That entry is in our ledger, and was made
by me. The cheque would be returned on the follow-
ing Wednesday with the pass-book.
Mr. Probin recalled—l remember Mr. Watts
leaving the office on the sth of March. On
the Wednesday previously I fetched the pass-book
from the bank and gave it to Mr. Watts. Ido not
recollect that he sent me for it. As far as I can
recollect it was either in the lower office, or close by
in the hall, that I delivered the book to Mr. Watts.
After I gave it to him I cannot say whether he went
up-stairs.
Cross-examined—l cannot swear positively that I
gave the pass-book to Mr. Watts on this last oc-
casion. I have on some occasions given the book to
other parties. I think I gave the book to Mr. Watts'
on the last Wednesday that he was there; but I
should not like to swear that I did.

Re-examined—l do not believe that I have given
the book to any other person but Mr. Watt; since
the commencement of the present year.
Mr. Steele being recalled identified the
cheque produced as the form of those used by the
Globe Insurance-office.

Mr. Roan recalled—l have searched through the
cancelled cheques received by Messrs. Glyn and
Co. from the Globe-office. It is the custom of the
office to keep them as vouchers for the payment. There
is no cheque to be found for the 1,4001. alleged to have
been paid on the 26th February. I have looked at
the pass-book, and I perceive that there is an erasure
in the item dated on the 26th February.
Cross-examined—The cancelled cheques are kept
in a drawer in the office.
Re-examined—l am a clerk in the Globe Insu-
rance-office. So was the prisoner. He left on the
sth of March, and has not been there since. The
paid cheques were kept in a drawer in the office, and
it was the prisoner's duty to check them with the
pass-book. I have searched that drawer, but cannot
find any cheque with reference to the 1,4001. of the
26th February. The book produced contains the
form of Globe Insurance-office cheques, and there
appear to have been two sheets of cheques torn out
of it.

Mr. Clarkson proposed to stop here with reference
to the second case, but he had other evidence to offer
both relating to this and other cases, and he should
therefore ask for another remand. inquiries were
still going on, and new cases were gradually coming
to light, and it would be a matter of convenience to
the prisoner that a further remand should be had if
the Court did not think fit to commit the prisoner on
the first case.

Mr. Alderman Ginss said he was in a position to
commit the prisoner for stealing a piece of paper,
namely, the first cheque ; but there appeared now to
be evidence of the prisoner having been in wrongful
possession of a second cheque, and he preferred to
remand him on that case.

Mr. Bodkin repeated that his client was quite pre-
pared to meet any case, and he had no objection to
the remand.

The prisoner was accordingly further remanded
till Tuesday next, with the understanding that he
would be then further. remanded.
MARLBOROUGH-STREET.

Mr. Brrio lIAM yesterday proceeded to deliver his
judgment in the case of the parties apprehended by
the police at 14, Jermyn-street, alleged to be a com-
mon gaming-house, and fined the defendants 51. each,
with the exception of the doorkeeper, Jones, who, he
said, under the provisions of the statute, was subject
to a higher penalty--10/. In default of payment the
defendants to be imprisoned ten days, and Jones
twenty days. With referenoe to the three found in
the parlour, the magistrate said he had not made up
his mind, and therefore gave them the benefit of that
circumstance, by ordering them to be discharged
without a fine.

Mr. Clarkson then said, with all due respect to the
Court, he was bound to say the present judgment
would be forthwith appealed against.
Mr. BINGHAM was very glad such was the deter-
mination of the parties convicted.
Three defendants—Goodman, otherwise Goodman
Levy, his son, and another—were discharged without
any fine. Monckton, Ord, and Lewis, three military
gentlemen, Smart, Doncaster, and Johnson, and the
doorkeeper, Jones, paid the fines under protest, and
were liberated.