The Express.
London, England, 1855-06-08 00:00:00

iii;dti,ii Jastioo—To hold

with Bar

Mr. Jostles Cresswell—And that for the benefit of the de
fondants, who were Russians.
Kr. Bovill submitted that it was quits clear that the
court would hold communioations with enemies, for the ad-

vaaosment of justice.
Mr. Justice Manle—Trading with an enemy was unlaw-
ful ; and this was a trading transaction, and a conunissios
would be an incident to a forbidden commerce.
The Chief Justice—To such an extent was the doctrine as
to holding communication with enemies carried, that when
the Emperor of Russia sent a letter to the Duke of Devon-
shire, coggratulatiug him on his recovery, that nobleman
thought it right to mad the letter to the government. At
all events they ought to have obt,ined the authority of the
Foreign-offise to enemies witnesses Unsavoury.
Mr. &will suggested that the unto might be changed to
Surrey, and the rule made absolute, subjsot to link obtain-
infgehe consent of the Foreign-Übe.
Chief Justice thought that they ought not to t •
commission. No instance had been brought for where
the court had compelled a party to go into an enemy's
country to examine witnesses; and if they greeted this cow-
missiou the plaintiff must go or send there to croes-examine
the witanaes. He war not prepared to make • precedent of
that kind, and therefore he thought that the commission
should be refused.
Mr. Judos Mauls said that the defendants were Russian
subjects residing in the dosainines of Russia, and their ob-
jest was to retain 14,000 or 16,0 A roubles in their pockets,
sad they did not feel any difficulty in obtaining permission
to examine witnesses to attain that object. but the plaintiff
would not have the same facilities in his efforts to nuke the
Russians pay this large sum of money. War was existing,
and we might premise its continuant:NC; and it was a general
rule, independently of Memos, which was not suggested
here, that intercourse with as enemy was not a thing which
scald lawfully be done. He did net think it lawful for
persons in this country to communicate with enemies, and
they could not all on the plaintiff to do • thing which was
not lawful ; and even if the thing could be made lawful by
Hemet, it would be calling on him to do something which
he ought not to be called on to do. He thought that the
110111111i1NAM ought not to be granted.
Rule discharged.

COURT OF
11121.0f011 131 31.00.-311 P

TIM LORD CODED EASON. AND
ALDIRACNI, PLAIT, MID 111111.
RUDOLF AND ANOTIINZ D. MIST AND ANOTI

The plaintiffs in this rra;;;;7l;;;eliants at Pants Annas,
South Almeria*, and the defer dents are the owners of the
brig Jessie Miller. The sedan twee brought to recover
coespeasatios in damages for the alleged aegligant endue(
of the defendants in the treatimeat of a large quantity of
raffia shipped by the plaintiffs for Loudon on heard el that
vessel. The plaintiffs contended that the vessel was not
seaworthy when the captain rewind the coffee on board,
and that greet and anasesseary delay oa the part of the
eaptain and agents had ensued at Valparaiso. where the
vessel put ia leaky, and discharged a large portion of the
sofas, which was sold to defray the *spews of repairing
the vessel, and for the payment of freight. The brig even-
tually arrived in London with a small quantity of the wife*,
whisk realised a fair pries, whereas the grader portion,
slit& was whipped and sold at Valparaiso, was die
poeed
a great writhe. Under these eirenneetwes, the
semi woo brought to mover the value of the arm, coi
the pis:* sks she nook °mks to km oaolsiol•i