The Express.
London, England, 1852-08-12 00:00:00

ASSIZB INTELLIGENCB.

WESTERN CIRCUIT—BmsToi., Auo. 11.

Mr. Baron Platt arrived in this city yesterday, and
opened the eommiioinn at the Guddhall. 'fhe cause list
contains cattle. of 18 asses, Aro of them being set down
for 'pedal jarios.
GOODMAN O. HINNITT.

Mr. Batt, liantoewele for the plaintiff.
Mr. Serjeant Kinglike and Mr. Montague Smith for the
defence.

Mr. Smith opened the pleading,. The declaration alleged
that the defendant had engaged to secure for the plaintiff,
in a certain Mali belonging to the defendant, two bertha,
as passengers, ow a voyage to Australia; that in owsidera-
tiow of a lam of 901. paid by the plaintiff, the defendant
agreed to secure two berths for him and his wife ; that he
speed not to allow any other person to occupy the said
berths, and that he afterwards, in breech of his contract,
did allow two persona to occupy the said berths. The de-
fendant had pleaded—first, that he did not so promise ;
secondly, that he did keep and retain the berths for the use
of the plaintiff and his wife, and did not allow any person
to occupy the sane. 3rd. That the voyage was still incom-
plete, and that during the part of it yet completed the
' berths were kept. 4th. That the defendant broke the con-
tract with the leave and license of the plaintiff.
Mr. Butt stated the case. The action was brought in the
name of the plaintiff, but really for the benefit of his cre-
ditor, under circumstances which were of a somewhat
novel and peculiar nature. The plaintiff woe formerly a
straw plait merchant, carrying on business at %instable, in
Bedfordshire; the defendant, Mr. George Hewett, a re-
spectable shipowner of Bristol. In the month of May last
the defendant bad advertised his ship Deborah to proceed
from Bristol to Port Phillip and Sydney direct. In the ad-
vertisement it was stated that a Mr. Christopher was the
commander, and parties were referred to Mr. W. Dobbin,
a shipbroker in this city. The plaintiff, being desirous to
go to Australia, went and saw Mr. Dobbin, inspected the
vessel, selected two of the beet berths, and agreed to
' pay 901. for the pulsate of himself and wife, such payment to
include provisions, winn, he. The contract being com-
pleted, the plaiatiff returned to DanstaVe to wind up his
affairs and Oct ready to take his Sight to the gold recess,
and make his fortune there. He had introduced himself
to Mr. Dobbin in the name of Buckingham, Which he
in order to avoid unpleasant inquiries by his creditors. Mr.
Goodman, the plaintiff, having determined to quit this
cottony, had very improperly determined to get into hie
possession as many packages of goods as be could from the
merchants and traders with whom he dealt, to send them
to Mr. Dobbin, in Bristol, and then to take his place and
go to Australia, leaving his creditors minus their charges.
Now, after he had paid for his berths and returned to Dun-
stable various packages came to him at his place of Owl
new, and these goods were repacked sod sent off to Bristol.
Subsequently to this the plaintiff said he was ping te Lon-
don for a few days; and he went away, leaving behind
him at his storm goods to a very rmall amount. The fact
of Mr. Goodman's intended flight becoming known to his
creditors, one of them was sent down from London to Dun-
stable to make inquiries. The goods were traced to Mr.
Debbie's at Bristol, and a telegraphic message was sent to
that person, but, owing to the assumed name,
the reply was returned that no such goods had
arrived. Further inquiries were instituted, and on
the 3.4 of June, Mr. Goodman not being forthcoming, it
was thought advisable to issue a writ of espies and subse-
quently to take out a commission in bankruptcy. The
evidence for the commission could not be completed in
time, and another espies was brought into Bristol, and it
was put into the hands of Watkins, an active sheriffs'
°Seer of Bristol, and in company of a creditor from
London, who would be able to identify the plaintiff, ho
proceeded towards King-road. They proceeded at night as
far as the Lamplighter's Hall, which is a hotel near to
King-road, where the ship lay. While staying to refresh
themselves at the hence at which they arrived in the
middle of the night, it occurred to them to ask if any
person was staying in the house, and they used the name
of Goodwin. The landlord replied that the only persona
in his brim were a Mr. and Mts. Buckingham, who
were about to sail for Australia in a ship then lying in
the roads. It happened that the noise disturbed Mr. and
Mrs. Buckingham, who being anxious to get away, and
all on the alert, and they supposing that notice had come
that the vessel was getting under weigh—Mr. Buckingham
tame out to the top of the stairs and called out to
the landlord to know what was the matter. The
London creditor at woe said, "That's Goodman's voice,"
and he was at once taken into custoey and handed
over to the custody of Watkins, and then finding all his
plans frustrated, he made a clean breast of it, and did all
he could to recover the goods for his creditors. The so-
called Mr. Buckingham had paid for his passage-money 901.
and the vessel sailed without him. It turned out after-
wards that Mr. Bobbin, who had let their berths to Mr.
and Mrs. Goodman, sulsequestly re-let, for a eassaideration
'of 601., the same cabins to mime second dais es—
Mr. and Mrs. Goodwin. Under thew circumstances it was
contended that the defendant had broken the contract, sad
he (the learned counsel) thought that the defendant had
been ill advised to defend the action, and that the jury
would have no difficulty in finding for the plaintiff.
A good deal of evidence was celled in support of the plain-
tiff's case, but it failed to make oat distinctly the re-letting
of the cabin berths; the only facts spoken to being that
Mrs. Goodwin and her mother and sister were allowed to
deep in the cabin the night before the vessel sailed ; the
two latter having
_gone on board to take leave of the
former; and that Mr. Goodwia was seen with the cabin
key. Oa the other hand it appeared that ow the day of
sailing the spot refused leave to bring goods into the sabia
saying be could 'ye no answer till he saw whether thi
plaintiff returned.
Serjt. Kinglake submitted that there wee no ease to
ple the jury. In the first pimp he contended that the
entract was not to keep the berths empty during the
Wbat merely to provide them to the ass of the plain-
ae'
d his wife moo their applying for them. According
tote plaintifi's view of the ewe, if the captain had, upon
e mei& right at the Cape, allowed a parlous to dm in the
sebia, he would have broken the costraet; Wanton wild
be die right construction. The learned serpent farther
heated that no broach of the eentraet had been proved.
Mr. M. Smith followed as the some side.
Mr. Batt, Q.C., contra, insisted that the defendant would
Mee bees hound at any period of the voyage to have sup-
plied the boobs to the plaintiff, had he come on hoard, and
that be bed soright to put himself into a condition to pat
it est of his power to do so. The contract was to keep the
berths for the whole voyage, and it was not limited at all.
Then as to the breach of the contract, there was evidence
for the jury.
His lordship expressed his decided opinion that the con-
trast as alleged had not been proved, Sc all that the defen-
dant undertook was to provide the berths had the plaintiff
weimmted himself to claim them. On the other point he al-
lowed the Warsaw serjeant to address the jury.
Mr. fierjeant Kinglake then addressed the jury upon the
evidence of the breach, which ht alleged had not been
proved, and after a short summing up from the learned
Judge, in whieb he directed them to find that the contract
had not been proved, the jury found for the defendant.
Mr. Butt tendered a bill of exceptions to kis lordship's
ruling.

NORTHERN CIRCUIT.—LIVERPOOL, Aim. 11.
Yesterday afternoon, at three o'clock, the learned judges,
Lord Chief Justice Campbell and Mr. Justice Wightman,
arrived in town by the London and North Western Rail-
way, where they were met at the Lime-street terminus by
Mr. Weeld Blundell, the high sheriff, and their lordships
immediately proceeded to fit. George's Church, and after-
wards opened the commission of smite in the new courts
at Bt. George's Hall. Mr. Justice Wightman will preside
at nisi prius, and Lord Campbell in the crown court. The
calendar of prisquen is not heavier than usual at these
maims, but some of the offences are of a very heinous cha-
racter. The cause list is light both in point of number and
interest.