The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle. — 1887-07-23 (Stourbridge, West Midlands, England)

HARD CASK.  On Monday, in the Lord Mayor Of London's Court, the case of "Winter V. Hay came before the Recorder (Sir T. Chambers, Q. 0.) and a jury. The plaintiff said that he was sueing the defendant, John Hay, to recover the sum of £'27o, money which had been advanced to the defendant for the purpose of paying the cost of a criminal prosecution at the Old Bailey. The defendant had been tried and convicted and sentenced to seven years' penal servitude in March, 1885, and afterwards he was released, when he gave for the money. Tie learned Judge (to the defendant): Do you owe the money? Defendant I admit that I have had the money. but it is under peculiar circumstances. I was tried before your lordship at the Old Bailey on a charge of stealing some silk. I was dragged out of a public. house and robbed of £lOOO, which I had gone eight thousand miles to get. I was sentenced to seven years' petal servitude. I then petitioned the Home Secretary (Sir William Harcourt) to review my case. It was reviewed, and after nine months on the treadmill I was released, with the full pardon of my Queen. I was then sued by everybody all round, and lam in debt about .£9OO. I had better stopped in prison, and then the Statute of Limitations would have applied, and nothing could have been obtained against me. I then brought an action against the Great Eastern Railway for .£lO,OOO for malicious prosecution. That case was argued before the late Assistant-Judge (Mr. Brandon), and he decided that I was dead to the eyes of the law. He said that I could not sue in consequence of having been convicted. Now I am dead, how can they sue the corpse? (Laughter.) Mr. Kemp, QC., who happened to be in Court, said he argued the case for the present defendant in the action which he brought against the railway company, and it was one of the hardest oases he ever knew. The defendant had been absolutely pardoned, and yet the law said he was not a whole man. He could not sue for damages. The learned Recorder then ordered the case to stand over, saying he would see what could be done in the matter.  At the Kerry Assizes, at Ti—alee, on Saturday, Counsel for the Crown applied to have three cases of murder and two of Whiteboyism adjourned to the next Assizes, on the ground of not being able to get a jury to convict. Counsels for the prisoners strongly opposed the application. Mr. Justice O'Brien stated that be was bound to take exception to the manner juries did their business at the present Assizes. They had refused to convict prisoners charged on the clearest evidence. He had never known such unfaithfulness to duty in all his experience and so far as the protee• tion of persons and property and the peace of the country was concerned, the law was at an end. He should grant the application of the Crown. A person, well-known to all the frequenters of Melton Mowbray, has passed sway in the person of Dr. Hutton, the renowned "bone-setter." He died on Saturday, and the circumstances attending his death will have no doubt to go before the coroner. It is stated that, feeling unwell, he sake i his servant to hand him a bottle, the contents of which he 'wallowed. ftil.it.wtthen disogyeted It wae palm.