The Liverpool Standard, and General Advertiser.
Liverpool, Merseyside, England, 1854-08-22 00:00:00

YESTERDAY

THE RAILWAY ACCIDENT AT NEWTON HEATH.
MICHAELS V. LANCASHIRE AND YORKSHIRE RAILWAY
COMPANY.—In this case Maurice Michaels, an itinerant
jeweller, was the plaintiff, and the Lancashire and York-
shire Railway Company were the defendants, and the
declaration claimed damages in respect of injuries sus-
tained by the plaintiff by reason of the negligent conduct
of the defendants on their railway, on which the plaintiff
was a passenger. £750 had been paid into court ; and
the action was brought to recover damages which the
plaintiff considered more commensurate with the injuries
which he had sustained. Mr. Attorney-General Knowles,
Mr. Atherton, Q.C., and Mr. Jones, for the plaintiff; Mr.
Serjeant Wilkins and Mr. Tomlinson, for the defendants.
According to the statement of Mr. Knowles, the plaintiff
is, or rather was, for he will never probably follow his
trade again, a jeweller and watchmaker, carrying on
business at Manchester, and trading very extensively in
different towns in Lancashire, buying and selling and
making considerable profit; and he had brought the
action to recover damages against the railway company
for injuries of a very grave and serious description, and
which, in all probability, would disable him for the rest
of his life. The accident was occasioned by negligence of
the grossest kind—a negligence acknowledged by the
plea on the record, for by paying money into court, they
had ackowledged it. The plaintiff is a foreigner by birth,
but had resided at Manchester about ten years. On the
29th of December in last year, he was a passenger from
Manchester to Rochdale by the Lancashire and York-
shire Parliamentary train; booked to leave the Victoria
station at twenty minutes past ten a.m. from Rochdale and
Yorkshire. There are two stations in the first three miles
of the route, the one called Miles Platting, and the other
Newton Heath. The train got as far as the latter place
without accident. It was a frosty morning, and there was
a good deal of fog which obscured the atmosphere. When
they reached Newton Heath, and while the train was being
slowed, the express from Oldham came up at full speed,
and dashed into the parliamentary train, knocking to
pieces one or two carriages, and doing considerable injury
to the one in which the plaintiff was, that being the third
from the end of the train. The jury would be surprised
to hear that the arrangement on this line was such that in
five minutes after the slow parliamentary left Manchester,
it was followed by the Oldham express train.—Mr. Sergeant
Wilkins submitted that the only question was the amount
of damages.—His Lordship agreed with the learned
sergeant that the only question for the jury was, what
would be a reasonable compensation for his injuries.—The
defendant, continued Mr. Knowles, was found to have sus-
tained serious injury. He was removed to his own house
at Manchester, and although attended by the principal
practitioners in that city, he was even now unable to leave
his bed, in which he would probably remain until his in-
juries would permit him to leave. The amount of damages
should be measured by the income which the plaintiff
was obtaining before the accident ; and he therefore pro-
ceeded to state that the profits of his business amounted
to £4OO a year.—Abraham Michaels, brother of the
plaintiff, was examined as to the present condition of the
plaintiff, and the profits of his business before the accident
occurred. On gold watches, he said, the average selling
price of which was £l2, he obtained a profit of 25 per
cent, or £3 on each watch, and on silver watches 15 per
cent., the selling price being about £4. At this stage of
the case, Mr. Sergeant Wilkins agreed to a verdict of
£750, in addition to the £750 paid into court, making the
entire damages £1,500.
THE RAILWAY ACCIDENT AT DIXON-FOLD.
GIBSON V. THE LANCASHIRE AND YORKSHIRE RAIL-
WAY COMPANY.—The plaintiff was Mr. John Gibson,
engineer, of Leke, and the defendants were the Lancashire
and Yorkshire Railway Company ; and the declaration
charged the defendants with negligence in the manage-
ment of a railway train, whereby the plaintiff had sus-
tained injury. The defendants had paid £5OO iu satisfac-
tion of the claim, but the plaintiff thought it was not
enough. Mr. Attorney-General Knowles and Mr. Unthank
for the plaintiff ; Mr, Sergeant Wijjap And, Dirt TymUunn
fa Uri clatudwati,

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ADVERTISER.

position

sofa. Again the defendant came ; and you will find what
took place. You will find that in the first instance, and
after some time—for Mrs. Grocott often referred to the
gimlet hole—after some time she observed the parties.
sitting on the sofa, the leg of the defendant being upon
the dress of Mrs. Evans. Mrs. Grocott called Mrs. King
and Mrs. Price, a person who was taking an inventory in
the back room. Some noise was made by them in coming
to look, and Mrs. Evans came into the back room, when,
of course, the watchers betook themselves to the operation
of makingthe inventory. She said " I see you are making an

inventory," and away she went into the back room again.
Mrs. Grocott went down stairs for a short time, and then
she repaired. to her watching-place. She observed the
parties sitting together on the sofa, he sitting down and
she in front of him, in such a position as could leave no
doubt of the criminal act. She again called the attention
of Mrs. Price and Mrs. King, who also saw what was
being done. The same thing occurred the day after, and
was again witnessed by Mrs. Price and Mrs. King. Little
time was lost in giving notice to the defendant of the dis-
covery; and it was thought advisable to try the present
action at the Liverpool assizes. Having glanced at the
probable line of defence which would be set up—namely, that
the whole story was a fabrication—the learned Attorney-
General said he would give way to his learned friend (Mr.
Sergeant Wilkins), who would proceed to call evidence.
Before he did so, however, he (Mr. Knowles) corrected a
statement he had made in opening the case. He found,
by a re-perusal of the deed of settlement, that by one of
the stipulations the plaintiff's 'wife could live where she
pleased, and that she was not therefore obliged to remain
under her father's roof.
Mr. William Edward Lawrence called and examined
by Sergeant Wpacnts :—Resides at the Greenway, Chel-
tenham, and is a magistrate of Gloucester. Witnessed
the :marriage of the plaintiff on the 14th of November,
1850, with Miss Carrington. The defendant is a magis-
trate and deputy-lieutenant of the county of Gloucester.
He is a married man, and has been living separate from
his wife nearly a year and a half. Have been for several
years acquainted with the family of the plaintiff's wife.
Had occasionally seen the defendant in company with the
plaintiff's wife. Her husband settled upon her a marriage
settlement of £5OO a-year.—By Mr. Watson, Q.C. : The
defendant has lived many years at Cheltenham, and has a
son grown up. Mr. Carrington, the father of the young
lady, has a son grown up and a younger son, and another
daughter. Don't know that there is a third daughter.
Have known the defendant 16 years, during which time
he has been the intimate friend and constant visitor with

the family of Mr. Carrington. HE
Mrs. Lloyd Evans was a child. May have se
dant walking with the father of the plaintiff's wife, before
and after her marriage; and also with the mother and her
daughter. Don't know that the defendant introduced
the plaintiff to the family. Never was in the society of
Went to London to

visited there when
en the defen-

attend the marriage. Have heard that Mr. Carrington
gave him £l,OOO on the marriage. Did not know that he
had spent it all. Didn't know that plaintiff's property
was mortgaged to its full value. Had heard that the
plaintiff took his wife with his hunters to lodgings in
Leicester, on his return from the marriage tour. Did
not hear that he dismissed her lady's maid. Was
informed that, after the plaintiff came back to Chelten-
ham, she was averse to living with his mother. Never
knew that the plaintiff had said he would not allow his
wife to live with him again, because she would not submit
to his terms to live with his mother. Never knew that
she returned to his house, and begged and prayed to live
with him, but he would not allow her. Plaintiff's father
lived at Tewkesbury, and believed he was a chemist and
druggist. He was a sporting gentleman, and went to the
hunt at Leicester. His mother lived at Cheltenham.
Knew his father a little. Don't know that. his mother
had been a barmaid tit an inn.—By Mr. Knowles : Forget
whether Mr. Evans, sen., was a magistrate. At the time
the plaintiff told me about taking his wife to Leicester,
he told me it was part of the arrangement before the mar-
riage; as also was the agreement to live with his mother,
who is 81 years of age, not fit to live by herself, being
partially blind. Know the house where his mother lives.
It is a gentleman's house, and fit to take any lady to.
The marriage settlement, giving her a jointure of £5OO
a-year to the wife, was put in.—The deed of separation,
dated 10th May, 1851, was put in. It settled £250 upon
her, until the plaintiff's mother's death, and £350 a-year
afterwards; and there was a stipulation that she might
live where she pleased.

Mr. Edward Mitchell, of Cheltenham, living next
door to Mr. Carrington, knew the plaintiff and his
wife before their separation. Remembered after the
marriage when Mrs. Evans was living at her father's
house. Observed nothing more between the defendant
and Mrs. Evans than the great intimacy which
could exist among friends. Saw nothing to induce sus-
picion of immorality ; but there was certainly suspicion
of impropriety. Never made any remonstrance with Mr.
Carrington's family.—By Mr. Watson : Knew Mr.. Car-
rington, and still visited with his family. Knew the de-
fendant since he had been acquainted with Mr. Carring-
ton's family, and had been a constant visiter there. Re-
membered Mrs. Evans's confinement (in December, 1851).
She was in a low state after that.
Mrs. Selina Taylor, widow, living at Leicester since
1861, said she let apartments. In 1850 the plaintiff,
Mr. Evans, and Mrs. Evans, came to her house, and
lodged with her until March, 1851. During that time
his conduct to her was kind. He had a carriage
occasionally.—By Mr. Watson : I think he paid me
three guineas and a half. They had three sleeping-
, rooms and a sitting-room. He had from five to seven
horses, and hunted five days of the seven. Went out
from nine to ten in the morning, and frequently home by
five in the evening. Used to go into the room in the
morning, to take the order for dinner. He would ask her
what she would have, and she would sometimes answer in
a manner which she would not expect from a new-married
lady. She sometimes said " I don't care." There were
many ways in which a new-married person should answer.
Sometimes he would bring the carriage for her, and she
would not go out. At other times she would get rather
hastyilind he would try to quiet her down. Once this
occurred in consequence of a quarrel with me and the
maid. Witness told plaintiff, and he said she should not
be annoyed, and at her instigation the maid was turned
away. That was in February. Mrs. Evans told Mr.
Evans that she would not have another maid. They quar-
relled about it, and Mrs. Evans said she would not believe
me; and Mr. Evans tried to quiet them. Witness had
never said that she thought they were not married. Did
once say that Mrs. Fvans was not so much a lady as he
was a gentleman, or she would not let her maid annoy her
so much. Since witness had been in Liverpool, (since
Friday,) she had lodged at the Railway Hotel. There
were eight others, including Mr. Melton, attorney, Mr.
Field, the detective, Mrs. Grocott, " the cook," Mrs. King,
Mrs. Price, and Mr. Morgan. They all dined together,
with Mr. Melton at the head of the table.
By Mr. KNOWLES.—There were three ladies at the hotel.
The maid was discharged, because she had very much mis-
conducted herself—at least, she had much annoyed witness.
Sarah Phillips, living at No. 15, Edgeware-road, London,
said—ln the month of June, last year, Mrs. Lloyd Evans
lodged at my house. The lodgings were taken by Mr.
Robinson. She occupied two drawing-rooms and two bed-
rooms. She had her maid with her. While she lived
there, her only visitor was Mr. Robinson, who came two.
or three times a day. He came in the morning for about
ten minutes ; in the afternoon, to stay. a little ; and in
the evening, to take her out. They used to go to the
opera, or some other place of amusement at night ;
and we did not use to wait their return. He asked me
for a latch-key the first evening, and he could let himself
in as he pleased. Mrs. Evans stayed a fortnight and a
day, and, the defendant called every day, When the
defendant called on the last day, they were at my house.
I received an anonymous note. The lady's maid was
named Clara.—By Mr. Watson : My husband is a tailor.
He never asked for the defendant's family. His mo-
ther once bought a pair of garters. I still live in the
same house. Do not remember that at the time Mrs. Evans
lodged at my honse, she had an eruption of the face. I
should have heard if any lady had called at the house
during the time. I will not swear that there was not :
lam not in the habit of swearing. (Laughter.) I was
applied to in this case in July.
Mr. Mitchell, recalled by Mr. Watson : Was not
aware that the defendant went to visit his mother in
London every year. Knew that he went to town every
summer, at the time when Mrs. Lloyd Evans went up.
Sarah Grocott, examined by Sergeant Wilkins : On
Wednesday, the 28th of June, went to the house of Mrs,
King, No. 2, Bryanstone-square. I was sent there by Mr.
Field, to find out, if possible, what was going on with
Mrs. Evans. Went into the house on the 29th of June.
On that day Mr. Robinson called at one o'clock. I went
to the " Cristial" Palace. (Laughter.) He went to the
drawing-room. Mr. Robinson, Mr. Evans, and Mr.Melins
went to the " Cristial" Palace. On their return Mr. Me-
lins dined there, and stayed till Mr. Robinson went away
at eleven o'clock. Mr. Robinson came again the following
day, about the same time.

Mr. Watson.—l object to my learned friend putting
leading questions. This woman is a spy.
Mr. Sergeant Wilkins.—That is an improper observa
tion, Mr. Watson.
Mr. Watson (tartly).—l say she is a spy
Mr. Sergeant Wilkins.—l say you are
impropriety

with great

kr: Watson (warmly).—l say you are acting with

Mr. Sergeant Wilkin
not be stopped at every turn
Mr. Watson.—l say it is irregular ; and I will stop you
at every turn. _ _

I say it is r

•nlar ; and I will

Mr. sergeant Wilkins (to the Court).—l ask you, my
lord, whether it is irregular to call a witness " a spy."
The COURT.—No ; and I think it is rather irregular for
you to put leading questions.
At this stage of the proceedings, a smart shower of rain
fell, and the windows in the roof of the hall being open, a
considerable sprinkling fell upon the briefs and wigs of
the gentlemen of the long robe. Mr. Sergeant Wilkins
said it was " rather refreshing ;" his Lordship observed
that "it would make them (the learned counsel) grow ;"
and Mr. Attorney-General Knowles created some amuse-
ment by protecting himself with a gingham umbrella.
The rain passed quickly away, and the gravity of the court
was speedily restored.
The examination was then resumed :
Mr. Melins left before Mr. Robinson. On the Satur-
day afternoon, the Ist of July, I went to the drawing-
room to listen, when Mr. Robinson and Mrs. Evans were
in the room. I heard nothing satisfactory. (Laughter.)
I went no more until Monday, when I made a hole in the
drawing-room door with a gimblet. Mr. Robinson had
gone. He came on Tuesday, between one and two o'clock.
I looked through that hole, when Mr. Robinson and Mrs.
Evans were there alone. Mr. Robinson was sitting on
the sofa with Mrs. Evans by his side. He had his leg
over her lap. Mrs. Price, a friend of Mrs. King's, was in
the back drawing-room taking an inventory, and I called
her, and told her to look. She looked, and made a noise,
by accidentally moving a chair, and Mrs. Evans im.
mediately came out.—To his Lordship : The back room
opens into the drawing-room.—To Mr. Sergeant Wilkins :
Mrs. Evans said, what are you doing there, and
Mrs. Price said a "X am taking an inventory of the things."
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