The Express.
London, England, 1852-03-01 00:00:00

taw tntelltgen cc.

COURT OF QUEEN% BENCH.•-.SAITTIMAT.
lIITVIMO AT GIIIIMIALL AT KM Pura-MOW LAMA CATIPIIILL

mum eras.AL Juan.

HILILMAN O:XOIRDS-R-011fliiiil-

FILINOILIiIINT UV • PATIVIT FOY WOOL CONDINO.

This was an action to rusovar eo.peretiuu in damages
for an arleged ialringensent of a patent brought Mr.
Meilmea, administrator of the late Mr. Jealous
against the defendants who are wisehine makees.
It was stated that on the 26th of Fishman 1846, the late
Mr. Heilmantook out letters patent for. the seclusive
lberty of using his invenuun for combing and preparing
wool, and other hinges materials fur • period of fourteen
years. In November, 1848, Joshua Heilman died intestate,
and his son, the present plaintiff, took out letters of admi-
nistration. The defendant was charged with making
divers machines in imitation of the plaintirs patent.
It appeared that the combing uf wool was on ef-
fected by • simple but rude process by hand, with • couple '
of combs. The wool was "lashed" upon the sharp steel
teeth of the combs. It was then withdrawn, so as to clear
from it the "sal.' (or "nobs") and short Mires. This I
process WC., found to be tedious, and involved great con-
sumption of manual labour, besides delivering the wool is
unequal lengths. Various machos.. and improvements
were invented and made, but all were open to the objection
of the lashing, which pervaded the whole. At length Mr.
Heilmaa's patent appeared in 1816. It consisted of three
processes. The hest was that of feeding the machine with
deem, front which the Soce was subreet to the action of
combs, was eveibeil without being lashed, and then laid
bold of flit couple of nippers while the combing process
was going on. The wool was then posed over • roller to
another pair of combs, when it won again laid hold of by
uippers. The combs are fixed on u cylinder which re-
volve.. Upon the drum are fixed • series of combs, which
seise those ends of the fibres combed and elongated till
they come auto contact with rollers. One pert of the
drum is fluted, and, es it revolves, the fluted part of the
drum wiz.. the tads, and brings them in contact with the
rollers which act upon the drum as • nipper to hold the
ends fast. By the old process only one end could le
combed at • time, but by the present improvement
an additional quantity of fibres could be obtained
by combing the opposite end. The second comb drops,
combs the other cud, brings the wool out in equal lengths,
and as perfect as it can be. 'rho machine was ceposed for
view at the Natioual Lshibitioa at France in 1818. Mr.
Lister has • large wool-cowling establishment in Yorkshire,
and also in keener. Mr. Lister and others produced •
machine, which was exhibited at the Great Exhibition in
the name of liountoorpe and Company, and which machine
pl till' said WY II direct invasion of his potent. The
plaintiff stated that the defendant had substituted mechani-
cal for the principles of his ismention. Defend-
ant had taken that part of the process whieb consisted of
holding the Mires betweeu the nippers so as to allow the
combing set the reverse cm:. to take place. Defendant had
al.o broken up the drum, sod instead of having a cylinder,
had the segment of a circle with the motion backwards and
forwards, iustead of circular, but the effect of which was
the same.
_ _

For the defence it was stated that the defendant's machine
was nut on infringement of plaintiff's patent. lie had a
right to vie nippers, but did not use them for combing, but
for a totally did, rent purpose. The one used the nippers
fur a combing prow*, and the other for a feeding promo.
The one had u working comb, and the other none at all.
The deleudant, it was contended, had a right to use nippers,
if he did nut use them fir the purpose 4.4 combing wool in
that particular process for which Mr. Heilman had taken
out his patent ; but he had • right to apply them to other
purposes, because they worn in use long before Mr. Heil-
man's patent wail in existence.
The jury found a verdict fur the plaintiff, damages 51.
This trial, which Labt4.4l two days, concluded the buskins
of the sittings in London.

COURT OF EXCHEQUER.--SArvaDAT.

imutes •r Ar Gvi

ltsruas Lou Cseur

Biwa AND • grams. Jr.,.
TIII LONDON AND SOUTH EASTERN RAILWAY Coll-
PANT r. THE LONDON AND 80VTII WESTERN RAILWAY
C Artio:C to Iticovett A Sew or 4,74 W.
This way an action to recover the intro of 4,7401.16 e. 10d..
being inuoey hid and received by the defendants to the
use of the plaintiffs.
Mr. Watson, in stating the ease to the jury. said that
eventually the question to bt determined ow ti:, preocut
UstADDADA would resolve itself into one of law, awl not one
upon which the jury would have to pine an opinion. 11
would only be necessity ler him therefor, to give an outline
of Cie frets, in order teat the learned judge might have
them on his notes, with a vitw to ulterior pructedingl.
The learned counsel then entered into a statement of the
facto, which were of au uninteresting de.eription' and •
verdict won taken by consent for the plaintiffs ; damages,
4,7401.165. 10.1., leave beit.g reserved to the defendants to
move to enter a non-suit, or to reduce the amount.
This was the last day of t::e permit sittings.
PREROGATIVE COUILT.—BaTt:RDAT.
heroes Ms Jong Dof.ost.
Upon the learned judge taking liis scat for the first time
he received, as usual, the congratulations of the advocates
practising is this court.
MIDDI rTuY r. RONINtoN.
'• •

Dr. Addams said the portico in this mac bad, of their
own intimation and congestion, objected to its being
argued before the learned page, as he (Sir J. Daiwa) had
been engagt d is counsel io It.
The learnt d judge would, under such eireumstanees, ask
Dr. Luchington, or mom other gentleman, to be kind
'sough to hear tbs IMP ; although, as a general principle,
he should be disposed to follow the rule of the Chancery
sad commit. law courts, where (he believed) it ion the
tosatant practice of a newly appointed judge to sit and bear
causes is which he had been engaged u counsel.

DISOLVENT DEBTORS' COURT.- SATURDAY.

LOAN Sect/MEL
A Frenchman, named Fraueuis Aulaginer, who had been
a dealer in Macy geode, in Old Cavendish-strut t, apptied to
Le discharged.
Mr. Cooke °ed for the Soho Loan Society, and also
for a lady named Frederick.. Mr. Dowse supported.
The insolvent bad raised money from loan societies. Ile
had been concerned in several loans, which were slew owing
in part to the Soho Loan Society. Ile was pat forth as the
security, but now admitted that he had part of the money.
A portion of tLe loans had been paid, and he meant to
pay all.
Mr. Commissioner Phillips told him he was Low paying
the loans by means of the court. (A laugh.)
The insolvent was examined on his affairs, and alleged he
could not understand. In answer to a question where
his wife was living, he said, " In the churchyard," which
be explained by saying she was dead.
Mr. Commissioner Phillips requested him not to affect so
much simplicity ; he knew very well what he was about.
It appeared that the inwilver.t had parted with the lease
' otitis house in Old Cavendish•street to his brother, and he
WAS now in Paris. An application was made on the part of
Mrs. Fretkricks (or possession of the premises. A judgment
was prayed on the part of the loan company for the =miner
in which the debt had bee incurred.

Mr. Commissioner Phillips was of opinion that it was a
ease for a remand under the discretionary clause for three
months born the vesting order, but he would adjourn the
ease for the lease and possession of the house to he given up.
His Honour said that loan societies were their own insurers,
but he thought this was a case for a judgment under the
discretionary clause.

ASSIZE INTELLIGENCE.
-
HOME ClRCElT.—Marrionn, Fin. 28.
Cow. Kim—Bucolic 11, ivenca C.
Joseph Nahum, 35, was indicted for feloniously forging
and uttering a receipt with intent to defraud.
The Hon. Mr. Orimmou prosecuted. Kr. T. Chambers
was counsel for the prisoner.
It appeared that the prisoner, who was a man in a re-
spectable position in the town of Buntingford, filled the
°lace of secre•ary to the widow and orphan fund connected
with a society or Odd Fellows in London, and it wan his
duty to receive the contributions of the members, and to
pay over the allowances to those persons who were entitled
to them and, in the event of there being a balance against
him or in his rimier at the expiration of each quarter. it
was his duty in the one case to transmit it to the parent
society in London, and in the other to request the secretary
of that society to send him the amount he had overpaid.
In December, IdCiO, the prisoner, it appear, d, sent
a statement of accounts to Mr. Compston, the Loudon
' secretary, by which he claimed a balance of 31. Is., and
among the vouchers aciannpauying the account was a
receipt of a person named Mary Shaeitelton, fur a sum of
li. 111 s., due on the 2nd December, 1860, which receipt, it
was alleged, was a forgery Mary Bhackelton, the person
in question, stated that she never signed such a receipt, and
that she had not authorised the prisoner to sign it for her;
but, upon her cross-examination, it appeared that she lived
six miles from Iluntingford, and that she did not apply for
her mor.ey at the time it was due, but received it at dif-
ferent periods, and sometimes the prisoner brought it to
her, and sometimes she scot ber sou for it and authorised
him to receive it for her. It also appeared that she could
not write, an .1 it was suggested that when the prisoner paid
her the money upon one occasion, she must have known
that be had signed a receipt for her, and it teemed
that the signature was written in the prisoner's
ordinary hand, without the least atterniit at
disguise. The secretary of the society also stated that lie
should not have given the prisoner credit for any money un-
ites be sent him a voucher, and that he had written to the
prisoner upon soma occasions to keep his accounts regularly,
and have the payments of each quarter settled as soon u
possible after each period had espied.
Mr. Chambers. upon these facts, contended that the pri-
soner had merely been guilty of an irregularity in signing
the receipt in question, and that his object was only to have
his quarterly account settled, without any intention to de-
fraud the society or the person who was entitled to the
money.
His lordship having summed up, the jury found the pri-
soner Not Gully, stating, at the some time, that it was
their opinion he had only been guilty of an irregular act
without ihtending to defraud.

NORTHERN CIRCUIT.—NewcAnce, FEB. 27.
Bayou Ms. Antra Camovr.u..
Henry Tail, 31, was charged with stabbing and wound-
Mr. Anderson with intent to sunlit.
r. Otter stated the woe. The prosecutor and the pri-
soner, on the Atli of N.Arember, had been drinking together
la Weeder, end, at length, the went into the Angel Zoo,
whoa limy had coos words. They attorwards arm oat,