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Leader (1850-1860), 21st February 1857, Edition 2 of 2, Page 10, NAVAL AND MILITARY. How Ships siaY be Lo...

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      Gatherings From The Law And Police Court...

      verdict was returned for the plaintiff ; damages , 20 s . The Judge remanded that he did not believe either that Andrews bad given a bad shilling , or that the butcher ' s wife bad changed the coin . —A second ca 6 e of false imprisonment was heard iu the Court of Exchequer before Mr . Baron Martin . A plumber , named Joyce , had been working at the house of a Mr . Embleton , together -with his son . Some lead was stolen from off the roof of the house , and the son -was given into custody , and afterwards convicted of the theft . While he-was under examination , the father was also arrested at the instance of the- magistrate , but "was acquitted on his trial . On first being conveyed to the station-house , Mr . Enableton had signed the charge-sheet ; and the question for the jury

      waa whether that proceeding was merely a matter of form , or "whether by so doing the defendant had made the giving of the father into custody his own act . For the defence , it was contended that the apprehension of Joyce , senior , was purely an act of the magistrate ; but thejuty gave a verdict for the plaintiff for 57 ., - whereupon Mr . BaTon Martin directed a nonsuit to be entered , subject to a motion to enter a verdict as above . Subsequently , it was agreed that a stet j > rocessus should be entered . — -A third case was in the same court . A Jew , named Castleberg ( the defendant ) , had given a man , named O'Driscoll ( the plaintiff ) , into custody for stealing some -watches ; but he did not proceed with the case , and

      O'Driscoll was discharged . He now swore -that he had not stolen the -watches ; "but , when under cross-examination , lie declined to say whether he had not been convicted four times , and been imprisoned eighteen months for obtaining money by false pretences from two foreigners , while he admitted that h . e might have passed himself off as a captain , in the army when drunk , he being actually a private . Under these circumstances , the jury gave credit to the evidence adduced by the defendant in support of his plea , alleging facts which reasonably justified him in preferring the charge against the plaintiff , and at once returned a verdict for the defendant .

      An interesting question as regards crossed cheques was involved in a case which was brought before Lord Chief Justice Cockburn and a special jury in the Court of Common Pleas . An . action was brought against a Mr . Simmonds , as the public officer of the London Joint-Stoci Bank , by the plaintiff , a Mr . Taylor , who is a customer of the bank , for money lent and on an account stated . The defendant pleaded payment . The question raised by the action ( involving the construction to be put ] on the recent act relating to drafts on bankers , 19 th and 20 th Victoria , cap . 25 ) was whether , where a customer of a bank crosses a cheque , but before presentment the crossing has been fraudulently obliterated by some person , through whom it is presented at the bank , and it is paid over the counter in . the ordinary course of business , the loss falls upon the bank or upon the

      customer . In this case , the cheque had been posted , after being crossed ; but it had been intercepted by some one , taken out of the envelope , and presented at the bank , after the crossing had been obliterated , probably by some chemical means . It -was at once paid , by the hank . The empty envelope was put under the door of the house where it was directed , with these words written on it : — " The finder is much obliged . " The cheque , when presented at the banters ' , was much crumpled , to render detection tlie less likely ; but a question arose as to whether the clerks were guilty of negligence in not discovering the fraud , while , on the other hand , it was contended that the plaintiff had exhibited carelessness in sending the cheque through the post . The jury found their verdict immediately and unanimously , that there was no negligence on either the part of the plaintiff or of the defendant . A verdict was

      then entered for the defendant , subject to leave to the plaintiff to move on a point reserved . John Henry Goulburn , a well-dressed young man , was charged at Southwark with stealing some valuable medical books from Dr . Steadmnn , with av 1 ioi « he had been living ; also a great-coat belonging to ono of the doctor's pupils . Dr . Steadman had discharged Goulburn because ho had received some information detrimental to his character . The young man left suddenly , took the property away with him , and subsequently pawned it . He now pleaded Guilty , and was sonteneed to four months' hard labour . Throughout the proceedings ho exhibited great depression and shame . A man of the name of Henry Miller was charged at tlie Mansion House with being concerned , together with another man not in custody ; ., « . ?„«!« » ~ ... 7 i . i unomorman not in custodi » stealing cashbox

      y , , « - contaming nearly 70 / . m bank-notes and money , besides a 52521 ? T iv wa ? " , crip and olhor arlicle 8 > f ««» «»« St M ' S ° , ^ ° J India Ho ™ , Leadonhall-Sftrt , * * £ ^ B lo 8 > messenger to tho secretary , ££ fn £ T f T f f ab < mt llfllf -P «« t » vo o ' clock , after Slaving locked up tho drawers in which a caeh-boi Huh jwn property ) w «« kept . When ho rot urned at to . the J £ 2 d 7 l "T ""* ' \ \ nd thftt ll »«<»™» er which « n-Sen o ,, h X Wl 8 br ° . ° " nml the bo * ^ sclf Btolen . Ou the name morning , however , it was left bv ^ "f ?* Mr . ltuegW H private residence , wlieroft bTu ^^ tL , " hi 9 da ; iKhtcr ' Mlwm thc ™»^ ho brought tho box gave a description of iho person he had received it from winch cicely coneapondcu with that of hor brother , nml tlio box * ,, „ wrapped , up in ,, « , ) O r and ( luoclcd , it vus fcehovurt , in tho handwriting : of Mr

      Ruggles ' s son . The riofes and riloney had been abstracted from the box , but the railway scrip , & c \ , remained . Mri Tiuggles ' s son , who had uaitil lately been living with his father at Dalston , w " as frequently in the habit of visiting him at the East India House , ifi consequence of which he gained entire knowledge of his drawers , and all their contents . Some days previously to the one on which the cash-box was missed from the office , he had absented himself from home , arid had not been heard of since . Miller , after a long search , Was traced out and apprehended by a detective officer irr a travelling caravan , which was standing In . Old Nictiblasstreet , Shoreditch . Tlie officer ascertained that he had been in company with the younger Buggies , and that some of the stolen notes had been changed . Miller was remanded , in order to give the police time to trace out his presumed accomplice , for whom search is being

      made . Mr . Thomas Harrison , a stockbroker , of Enfield , was charged at the Worship-street police court with unlawfully detaining an officer of the Eastern Counties Hail fray in the performance of his duty . On -th * e arrival of a train at the Enfield station , one of the collectors went to the different carriages to collect the tickets , and on asking Mr . Harrison , who was in the smoking carriage , for his , that gentleman replied carelessly , " Well , but suppose I've lost it ? " Being told that'he . must , in that case , pay a fine , he laughed , and said , "Then I must try to find it . " He thereupon searched his pockets , from which he produced , with great levity , a variety of articles , under pretence of searching for the ticket , but as it did not appear among any of them , he told the cot

      lector , amidst much uproarious laughter from himself and his fellow-passen gers , that he believed he Would find it in an empty pipe-case which was lying before him . Some of the occupants at the back of the carriage having , at this juncture , complainedof beingdelayed , Mr . Harrison then took a season ticket from his side pocket . In consequence of these proceedings , the train was detained at the station nearly ten minutes beyond the usual time . Mr . Hammill , the magistrate , said lie-was of opinion that the accused had wilfully caused an obstruction , which the law regarded as . an offence according to act of . Parliament ; . but , as it appeared to hint that the railway authorities merely wished to enforce such regulations as they might think proper to institute , he should only order Mr . Harrison to pay a fine of ten shillings , with

      costs . A petition , in the case of Hopwood v . Hopwood , from a decision of the Master of the Rolls , was heard before the Lords Justices of Appeal on Tuesday . The question was whether the Rev . F . G . Hopwood was entitled to a legacy of 5000 ? ., given to him by his father ' s will , and also a sum of equal amount covenanted by the testator to be paid to certain trustees , or wliether the one was not a satisfaction or adeinptioh pro tanto of the other . The Master of the Rolls decided in favour of double portions ; the other parties appealed . The appeal was dismissed , but without costs .

      The Judicial Committee of Privy Council was occupied on Wednesday with an appeal from a decree of the Vice-Admiralty Court at St . Helena , by which the ship Newport was condemned on the 24 th of November , 1854 , for having been at thc time of seizure , the 21 st of September , 1854 , engaged in the slave trade , and Messrs . Pinto , Perez , and Co ., merchants , of London , the shippeis of the cargo , were condemned in penalties to tlie amount of 12 , 915 ^ . 17 s . Gd ., being double thc value of the cargo . The appeal wa 3 dismissed . Damages have been obtained from three railway companies on account of accidents proceeding from carelessness on the part of the railway officials . One of these cases was an action in which the plaintiff , as administratrix of her deceased husband , Mark Hicks , sued thc Newport , Abergavenny , and Hereford Railway Company to recover compensation in damages fov tho death of her

      husband , who was killed on the 12 th of November , 1856 , in a collision which took place on tliat day on the company ' s line . Thc defendants admitted their liability , and tlio jury found a verdict for tho plaintiff ; damages , 2500 / ., which they apportioned thus : one-third to tho widow , and tho remainder to be equally divided among thc four children . —In another case , a Mrs . M'Intosh obtained 450 / . from tho London and North-Western Company for an accident at tho Aber station , caused by tho train stopping at a sloping bank instead of at the platform , and tho station-master lifting the lady olF tho carriage step with such carelessness ( despite her protests at being forced to alight at that spot ) that she foil and broke her leg . ' —A Mr . Allen , a travelling clerk in the service of thc Post Office , baa obtained 14 00 / . damages from the Chestor and Ilolyhcad Itailwiiy Company for an injury to tho head arising from a collision on tho lino .

      An examination meeting in tho affuirs of Kobson , tho Crystal Puluce forger , appointed for laat Tuesday , was farther adjourned to tho 17 th of March . The bankrupt remained in a private room during the di . seus . sion . In references to ( ho proceedings under a sumrnons which was hoard lust week nguiihst Mr . Town . sloy , an undertaker , in Paul-direct , Finshuxy , for causing an ob-Ntruction by allowing mourning carriages to remain in front of bin ] ircmfcc « , tlift father of the defendant lins emphaticall y denied that cither of ( lie hcar . soa contained cloud lio « lieH , us had been stated by tho witnc ^ Hca on that occasion .

      William Brittotl , Alfred Wheeler , ana ' GeoriremiJL all youths of sixteen , have been indicted at thei gSkS Criminal Court for having stolen a gbrd' W-atbh *« a cttain , a brooch , three hundred cigars , and otliferattfJu value 25 / ., the property . off John Marshflelfl irTw ' dwelling-bbuse . Skinner vcas admitted Queen ' s / % * dence against the other prisoners . His account »»? £ the effect that ho had be « n tempted into a certain co * plicity , but had not actually been concerned in brea *( rt « into the house . A verdict of Not Qnilty was taken i * his case ; the others were found Guilty , and sent **™ was postponed . . TO

      Mr . James- RogeTS , toe coinedian at tiie Olyttible Theatre , whose name has become somewhat -familiar to the public by a recent occurrence , applied on Wedne * day to the Insolvent Debtors' Court , under the Pro " tection Act , and was not opposed . The debts are onlv 103 / ., and the insolvency is attributed to- ihe death of his late wife , his own occasional illness , and insufficiencv of income . His present salary at the Olympic Theatre is 41 per week . The 13 th of March was appointed for granting the final order , and protection was renewed until that date .

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      Naval And Military. How Ships Siay Be Lo...

      NAVAL AND MILITARY . How Ships siaY be Lost . —Under this head , Mr . P E . Dove writes to the Times to say that fatal mistakes in navigation are made owing to the gross incorrectness of charts published at very high prices The Admiralty charts , he states , are beautifully executed , and very correct ; but they remain unheeded in the drawers of mapsellers , because they are cheap , and therefore considered ¦ wo rthless . The Screw Steamship " CHitai , Captain Smith , with mails and passengers for the west coast of So-nth America has been obliged to pilt back , dismasted and disabled ! For a time , she was in imminent danger of drifting on to the coast of Spain in . the Bay of Biscay . Thefbrfemast , the mainmast , arid the jibboom were carried kivajr , and for many days she was drifting helplessly about tie waters . But "her leakage was very slight , and she contrived to weather through the storms .

      Reduction of Dockyard Wages . —In conseqtleilce of the order wliich has been issued by the Admiralty for reducing the pay of the labourers employed in the Chatham Dockyard to 12 s . a week , a public meeting has been held at Chatham , presided over by the High Constable , when it was unanimously resolved to memorialize the LotcIs of the Admiralty to rescind the order . The War Department . — "H . C . H . " complains in the Ti ? nes that , notwithstanding repeated applications , La has been unable to obtain from the ' War Office all account of the sale of his brother ' s effects after the death of the latter Qn lieutenant in the 3 rd Buffs ) from dysentery in hospital before Sebastopol in October , 1855 . He lias also failed to receive a slight balance due to him , though he has had numerous letters putting him off from time to time . It seems to be a flagrant case of " Circumlocution Office . "

      Clifford ' s Invention for Lowering Boats At Sea . —The shipowners and seamen on the east coast of Scotland have taken up the subject of Clifford ' s invention for lowering boats at sea , and held meetings at the principal seaports to petition Parliament to make its use compulsory in thc British mercantile marine . Shipwrecks . —Some very rough weather has been experienced on thc west coast of Europe , and several vessels have suffered in consequence . The British barque Agenoria came into collision with the French schooner Elise on the 24 th ult . off Cape < le Gatt . The latter sank , with a boy on board , and the master was also drowned . Thc British brig Vix-en , from Cardiff , bound for Stora , put into Gibraltar on the 1 st inst . with stanchions and bulwarks carried away . The French brig Matliilde Captain Contel , from Marseilles for Senegal , ivith a ,

      cargo of brandy , wine , rice , & c , was wrecked on the night of tho 17 th ult , during a terrific storm , at n place called Itaigal do Staigu , to the north of the island of Mahon . The vessel went to pieces , and all tlie car ^ 'o was lost . Only ono sailor was saved out of the eleven persons who were on board . Thc Portuguese brigantinc Africano , Captain Duarte , with a general cargo forBissoa , sprang a leak when five miles off ; Capo Spartel , but fortunately fell in with the Dutch brigantino Vrow Maria , which took hor in tow to Gibraltar Buy , where she sank astern of tlie American ship Sea Queen . The British brig Marion , laden with wheat , which had put int o St . Sebastian through stress of weather , was dashed to pieces against thc new molo of that port' on the night ot tho 21 st ult . Tho French steam corvette , thc l >« roc , has been loHt on thc const of Java , on her way from New

      Caledonia 1 o Hong-Kong . Tine OuTKAais at this Chatham Post-okkiok . — Tho Coininnndcf-in-Chie-f han . ordcrcd a district court-martial to bo convened at Chatham garrison for the trinl of lll 03 C soldiers who have b

  • Citation
    • Leader (1850-1860), Feb. 21, 1857, page 10, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_21021857/page/10/