The Express.
London, England, 1864-01-15 00:00:00

LLIMOUTH V. CIZOBOL

Mr. Serjeant Baßantam mid this wee as attics for false
imprisonment, tried before Mr. Justin Blackburn at Guild-
hall, When the jury retnnted • verdict for the plaintiff,
damages 401. He moved for • new trial an the Friend that
the damages were 'Maar& The plaishi was represented
as a horse dealer or riding master, and the defendant was an
attoreey lately residing in this Adelphi, whew name bad
lately appeared in the newspapers in easasziou with another
transaction. The plaintiff, with two taken, went to certain
stables at the West and where the defendant had a valuable
mare. They induced the man who bad the mare to Mimi
1 her out of the stable and show her as if to • pi:urbane,
upon which she was seized and taken away. George after-
wards gave the plaintiff into custody, but at the police
station he refused to charge him, and he was discharged
after he had been in custody about an hour.
Mr. Jastios Blackburn said the learned soused for the
plaintiff opened one or two points that he did not prove. He
represented the defendant as a bill-discounting attorney,
and that he had got possession in an underhand manner,
which certainly was not panel
Mr. Serjeset Haffentine— Yes ; and that he belooged to a
gang of the wont swindlers in London —ffaughteri—which ,
he also failed to prove.
Mr. Justice Blackburn said his experience led him to be-
lieve that the jorymeu of London had a prejudice against
bill-diaxinnting attoroeys. (Laughter.) The fan, of the
ease were very much aa the learned ',leant bed slated
them. He was surprised at the jury giving 401.
The court said there would be a role mai for a new trial,
unless the plaintiff consented to 'alum the damages to 40s.
Rule accordingly.
IN Et Al ATTORNIT.

Mr. .f rchibold moved for a rule calling upon an attorney
to show cause why he should sot repay the sum of 991.
and answer the matters of ao affidavit, and pay the costs of
the application. The enemy had allowed the roomy to
be advanced oe the contests of them boxes, which were
represented iu his pressure as containing plate worth 1,0001.,
he well knowing that they mutinied only a pair of old
boots, an old hat, an old tan eoffetrpot, and the like.
(Laughter.) The boxes, with several pawn tickets, had
been io pledge to Mr. Emanuel, pawnbroker, of South.
ampton, on a mime representation, but he did not
examine them, knowing that the articles men-
tioned in the pawn tickets, if genuine, were sufficient
to cover hie admen.. He, however, ascertabsed that the
pawn tickets were forgeries—(laughter)—hut got back his
mousy sod handed over the boxes to the owner. They were
thou taken to an auctioneer's at Southampton and opened
is the attormy's presence, when they were fouled to one.
tails a pair of boots, an old hat, a tin coffee-pot, some books,
old been, half-a-dozen old silver moms, a pair of silver
sugar-tongs, an old silver watch, and two pima gold rings,
the whole not toeing worth 10/. The bona were again
corded up, eel on the following day the attorney permitted
the advance of the money on the represeotiaioe that they
contained plate worth I,OOU/. Afterwards the applicant
saw the attorney, and asked him to repay the money, to
which he gave him answer, " that he we not such • fool
as that." (Laughter.) The applicant then asked him if he
called himself • respectable solicitor, but he declined to
answer that question. (Laughter.) He, however, sent in
his bill (having done tome other huaineenfor the applimat),
and nadir the date of the day as which the aboveconver.
lanes took place he had =des charge for attending him
sod answerlig certain questions relative to this natter.
The Lord Chief Jmnos said the court °cubd not call upon
the attorney to answer matters that might criminate him-
self. According to the learned counsel's statement the
attorney was a prima* in obtaining mosey under false
pretences. Perhaps the better course would be for the
learned counsel to take a rule to strike him off the rolls.
Mr. Archibald said be would take the rule it' that form.
Rule nisi moordingly.

COURT OF COMMON PLEAS.-JAN. 14.

Sittings in Banoo.—(Before Lord Chief Justice Erle, and
_ Justices Williams, Willey and Keating.)
I

coil C. MEDC.—" ♦ ►DLL AID COMPLZIR CARGO."

This was an action to reoover damages epos the ground
that the defendant had not loaded at the Havannab " a
foil and complete cargo" of timber, according to the terms
of a charterparty into which be had entered. The trial
took plain before the Lord Chief Justice at Guildhall, when
there was 000llicting evidence as to what was the meaning
of the terms " full sad complete cargo ;" the question being
whether it meant simply as many logs of timber as could
be put on board, or whether it meant that is addition the
interstices should be filled up with broken stowage.
Mr. Karelake, Q.C., now moved for • role to enter a ver-
dict for the defendant, or for a new trial ; sad submitted
that the construction of the charterparty was for the court
and not the jury, and that the disputed term meant only as
many loge of tanner as could be shipped so board. In
addition, it was contended that there was no evidenos of
the automat the Havannah as to ithippidg broken stowage
which would justify the finding of the jury.
The Lordenief Justice said that if the question were one
for the jury, they had disposed of it to his satisfaction ;
rod if it were for the court, he was of the same opinion as
the jury. A fall and complete cargo meaut that the ship
was to be filled, and that would not he done without putting
broken stowage in those spaces that were left vacua after
the timber had been shipped.
Rule refused.
Sittings at Nisi Prins in Middlesex.--(Before Mr. Justice
Ryles and a Common Jury.)
lIATX r BEFLE244.-7.240.1.01MLNT or • tiOVLIINISS.
. I.

This was an action to recover damages upon the ground
that the defendant bad not received the plaintiff
into her employment in pursuance of an agreement en-
tered into by Madame Samoa. or for having wrongfully
diamiseed her. There were ether counts, founded
upon the hypotheeis that the plaintiff was to be an-
ployed a. an ordinary domestic servant ; and in re-
ference to them latter counts the defendant peg U. into
court.

Mr. Cl..her Russell appeared for the plaintiff, and Mr.
Serjeant Beßastin* for the defendant.
The plaintiff, • young woman and an orphan, was •
native of Prussia, and Madame Serena, though a native of
France, was residing in Peniteridge-rillas, Weetbourne-
grove. In the autumn of last rear the two ladies cone-
spooded is reference to the plaintiff being employed. Madame
Serena wrote in German, " I have four children at home,
the eldest eleven years, sad the youngest five. The posi-
tion io my house is not that of a common servaat. I want
a better educated person, ea she moat always be with me
and the children. She conies nen coned with the
servants, as she always takes her meals at our tables, and has
altogether nothing bat very friendly treatment to expect.
I generally give IV. a yeas, •ind will increase it after six
months, if threos eso do what I require. I would not
pay the travelling expenses, but I would may make them
good if she stayed with me mom than • year. The duties
in my house am very light, and the gonna.. (boone) bas
nothing at all to do with house work ; everythiag is found
for her, washing, sugar, tea, coffee. If you are inclined to
accept the situation have the goodness to send me an
answer immediately." The plaintiff replied, bat
the letter was not produced, and there were
several versions as to what were its connate.
The plaintiff'. case we., that eh* stated is the letter that she
would go to Londe*, but that she hoped certain alterations
would be made is the terms ; whilst thedefeadant's can was
that the plaintiff said she would go if the alterations were
agreed to. However, the plaintiff left Berlin in November
last, and went to the defendant's boon, where she was told
that she had not been eugaged ; but she remained a week,
and then left. The plaintiff's case was that she was told to
go, whilst, on the other band, it was said that she was In-
vited to stay until a situation could be procured for her,
but that she refused. Soon afterwards a acquaintance of
the plaintiff wrote to Madame Serena, claiming that the
plaintiff was, at all events, 'mailed to receive M.; and this
accounted for that sum being paid into court. Among
the points in dispute was the meaning of the word
" bonne," the plaintiff's can being that it mast nursery
governess, whilst the case for the defendant was that it
meant only an ordinary servant, who could be discharged at
a month's notice.

His Lordship left it to the jury to say whether then had
bora an easagement to employ the plaintiff for a year, and
whether that eolgemeat bad bees broken.
The jury fowl for the plaintiff—damages 331.

COURT OP BANKRUPTCY.--JAN. 14.
(Were Mr. Oommisabeer ilelroyd.)
IN U WILLIAM WOODBUDGIL
The bankrupt was a farmer, of Kirby-l►Sokes, Fri:.
This was the sitting for diecharge, the bankrupt having
passed his eaarainatios. The liabilities are very coast.
disable, upwards of 20,0001. ; meets and property held,
15.0001.