The Sun. — 1849-12-20 (London, England)

BADCOCK AND ANOTHER V. THE GREAT NVESTERN  RAILWAY COMPANY.  This part heard case was resumed to-day, at the sitting of the Court, when Billings, the guard, whom it was suggested on the part of the plaintiffs was concerned in or had connived at the robbery, was examined 071 behalf of the company. It appeared from his evidence that he had laid out on the goodwill, lease, and incidental expenses of the beer-shop as much as 6101. 4s. Sd. This sum he accounted for within about 100/. Sir F. THESIGRE having replied at considerable length, The LORD en tEr BARON delivered his charge to the  jury, in the course of which he expressed a clear opinion that in point of law the company would have been perfectly justified in refusing to carry the case of bullion at the ordinary rates of conveyance. Whether the plaintiffs had chosen or not to declare the contents and value of the package, the officers of the company might have inferred it to contain bullion to a great amount from its appearance, and then, if they had refused on behalf of the company to carry it on the ordinary terms, he was quite clear that no action would lie against the company for their refusal. Bankers ought not to expect to send a chest containing 1,6001. in gold and silver coin from London to Taunton for Bd. His Lordship also remarked that in the course of his experience of half a century in the Courts, be did not remember to have known so much bullion entrusted to so feeble a package. Having commented very minutely upon the critical situation in which Billings was placed by this trial, and explained that though theoretically, but not practically, he was being tried for felony, he told them that they ought to expect a very exact calculation from him, in accounting for the money he was proved to have spent, and that they might well consider whether the profits ' of his business were not sufficient to cover any discrepancy. The Learned Judge concluded by giving the following direction to the jury :—lf they thought the witness in the box (Billings), with reference to the whole case before them, was the person who VMS guilty of -this robbery, either by himself or with the assistance of others, then they ought to return their verdict for the plaintiffs; but if, on the other hand, they thought the evidence did not satisfy them that the case for the plaintiffs amounted to anything more than a mere suspicion, then it was for the plaintiffs to make out that issue, the demand being for 1,500/, the defendants saying "you did not insure," and the plaintiffs replying "we assume ordinary, risks, but this parcel was stolen by your own servant.' That issue was to be made out by the plaintiffs, and if, in their opinion, as just, reasonable, and cautious men, they had failed to establish it to their satisfaction, then they ought to find their verdict for the defendants.  The Jury retired, and after an absence of nearly two hours, returned into Court, and the Lord Chief Baron having been sent for, The Foreman inquired of the Learned Judge whether they were to require direct evidence of the guilt of Billings ; because they had assumed that they could not return a verdict for the piaintiffs without it. The LORD CHIEF BARON said he was not sure that he quite appreciated what they meant by direct evidence, but the evidence they ought to expect was such evidence as would convince them- of the facts. It rarely happened that absolute evidence of the fact could be had from an eye-witness. In the case of an atrocious murder there was first the evidence of the murder, and then the question was, " Who had done it ?" Very seldom, indeed, did it occur that any one saw the deed done, but then various circumstances we re put together which formed circumstantial evidence so strong, as sometimes enabled a jury to see their way clearly in convicting the accused party. That would be the sort of evidence upon which this case would be decided.  T he Foreman—We were under the impression, my Lord, that your Lordship had directed us that the plaintiffs had not proved the affirmative of the issue. Tie Loao