The Express.
London, England, 1863-11-03 00:00:00

TUESDAY EVENING, NOVEMBER 3,

. . .
andbet man with Fryer la my garden. Be was extremely
violent, came towards me 'emend times with an open
clasp knife in his hand, and his eyes starting from the
sockets with rugs, in fact a perfect raving madams," .I.c.
The plaintiff brought an action of libel upon this letter, and
at the trial before Mr. Justice Keating, in Middlesex, •
verdict war given for the plaintiff, damages 10/.
Mr. fferjsant Shoe cow moved for a rule to eater a non-
suit, and submitted that the letter to Mr. Kyles was • privi-
leged eommu•ication ; sad there was also soother point,
that the alleged libel was incorrectly set forth iu the
declaration.
Rule granted.

COURT OF EXCHEQUER.—Nov. 2.
Ilis judges is this wort were Lord Child Baron Pollock
slid B►ress Bramwell, Chasms% sod Pigott.

GREGORY r. emir MIDLAND RAILWAY COMPANY.
This ease raised • question as to the liability of • railway
company for injuries sustained by cattle conveyed in their
trucks on the 17th March last. The plaintiff, who was •
d-over, sent a cow by the defendant's railway from Newpot •
to Abergamony, and in the course of the journey it escaped
from the truck and was killed. He brought an &Woe
spinet the company for the less he had sustained, and at
the trial, which took place at tbelast maims for Monmouth,
before Mr. Justice Byles, the jury found • verdict for the
plrltitiff —damages, 301.
Mr. Henry James now moved, in poignance of loam
reserved by the learned judge, to enter the verdict
for the defends's* or to reduce the damages to
151. At the time of sending the animal the plain-
tiff entered into a written contract, which he signed,
ard the question wee wbether it did not exempt the corn-
p-ny from liability. The first condition of the contract
wee that the company was to be free from all risk and re-
sponsibility in respect of any loss or damage arising from
the leadin or unloading " or from any other came
if leer." There was also • third oondition, to the art.:
the wagon being provided by the company, the owner or
represertative sending the animal was required to see to thel
efficiency of such waggon before he allowed his stock to ha
*rood therein. He was further allowed to ride in the
waggon. Theirmeed counsel said that aster the decision of
the Hem o Lords in the case of " Peak v. the Waned-
shire Rellway Company" in July Lit, by which tHe earn
held itself bound, be could not rely on the contract, es
exempting the defendants from all risk, unless the court
at nisi prim held that the coalitions were jaat and reasonable.
It had previously been contended that • written tionimadid
not involve • consideratioe whether it was just and
reasonable, but otter the decilion is question be could act
maintain that argument. He, however, relied on the third
condition as being just and reesonade, coupled as it wee
with the mimosa/a to ride in the waggon, which gave the
plaintiff an opportunity of seeing whether it was fit to carry
the animal. If the mart held that this condition was un-
just and naimarmabie, he would ask it to reduce the
damages to 151. order these circumstances. When the
animal ramped from the track it unfortunately fell upon
the land of • Mr. Hughey who refused to Fwe the carom
up until the company Mill& • fusedwhich be mode in
respect of some other tramoction. The company nerni-d
to do so, and he not only retained the sew, bat, ramp
tow sweet, actually ate it. (Laughter.) The learnrd
counsel submitted that, in say mos, the plaintiff could only
recover from the company the (Hareem between the
mine of the animal When living mid when dead.
Mr. Baron Bramwell—Did the plaintiff ride ln the
waggon?
Mr. James replied in the neptive.
The Chief Baron—Take a Me WO.

Hole granted.
These were Um* two inoltioise beard. and ea nose of the
parties ~god in the eases in the weer Worry paper wore
present when they Wire celiri on, the court rote early.

COURT OF RANBRUFTCY.—Nov. 2.
(Ware W. Oomagamicasr Goulbura.)
nir za VULTIS LONOHURIM. _ . .

MN Ins an oil trerireeey---esse,;iialT ied been depend.
in( sines 185 L
Mr. Macrae new reeved that tbe petition should be dis-
missed. All the debts had been paid and satisfied, and the
rwpstear had vermeil: that offset.
His Sewer info 4 mad that all the wpaisite forma-
lities bed been coop • with node the cedar aahod for.

The bankrupt was de;cribed aa an exporter and importer
of swami meselmadins, of Kentish-town and Lover Thames.
street, and fasmeely if Paris. Debra, 4,3881. ; no smuts.
The bankrupt akkibaed his failure to bad debts ematraeted
by a partner to its amount of 3,4801.
Mr. Aldridge stated that at the Nat sittin his Honour
din' fled that the Pols crcditore should be communicated

u:th. This bud been done ; 14 of the wino* creditors
had been written to; three of them bad aaswered, but did
not wish to oppose.
The bankrupt, in answer to the oourt, said he bad never
been bankrupt before, nor taken the benefit of the Insol-
vent Act.
His Honour granted the order.

The bankrupt was one of thefirns of Braun and Kortcelts,
nap manufacturers, of London-wall. They failed in Jseuary,
1862 owing upward@ of 45,0006, and goring op 0/10040 0:
about 6,0001. They were subeequaatly indicted at the Old
Balky, and found guilty of conspiring to obtain goods by
fraud. Braun was sentenced to two mouths. and Kortoske
to 12 mo'tha' imprisonment. Kodak' having obtained
his release, now applied (or his oartifioate under Us* old se:.
Mr. &wood appeared for the assigoere ; and Mr. Low-
rance to- the bankrupt. There was no opposition, and his
Hoeour 'motel the certificate.
Mr. Lowrance asked that the certificate should be of the
aocced 0111011.

The Commissioner—Oh, artaioll not. I recollect the
Ladle, sad I shall only peat a carti6ato of the third close

1863.

In answer to a question by Mr. Woolrych, the witoess
said, I am sure the prisoner is the inns who held my arms
while another man tied them. I know the prisoner well.
Ile was the grains, in the house when the family were away
some months ago.
William Fox, • lad, son of Mr. Fox, of No. 63, King.
street, said that at fifteen minutes before 10 o'clock on
Saturday night • little girl knocked at the door, and said the
*errant was ill, and lying upon the ground is King-street.
He hutetied to the spot, and found the girl in a fit, and •
crowd about her. The prisoner was there. A lot of men
carried the girl home. It was three querters of an hour
before she recovered.
After some further confirmatory evidence,
The prisoner denied that he was in King-street on Satur-
day eight, and called three witisesaes, who said he wee in •
publiationse maid the Duke of Kent, at the I-timer of
Martha-street and Orcenetreet, St. Cieorgis.in-the-Fuse,
and about three quarten of • mile from King-street, from
hairiest 8 until 11 o'clock on Words, sight.
The Knower wee remanded for foram* evidence.