The Express.
London, England, 1863-12-09 00:00:00

COURT OF EXCHEQUER.

Sittings at Guildhall.—(Before Lord Chief Baron Pollock
and a Special Jury.)
WATILLTS Z. GEIZAT WWII= BAILWAYCOMPANT.

This action was brought to recover the vales of a butt of
wine, whirl the plaint iffs alleged had been adulterated and
spoilt through the default of the company. The de-
fendant' pleaded that they lately carried and delivered the
wine, and that it was sot adulteisted while in their posses-
Mon.

kr. Lush. QC., and Mr. Archbold were for the plaintiffs ;
and Mr. Bovill, Q.C., Mr. Kazakh', and Mr. Clerk for the
defendants.

In February last, Hamra. Watkins and Co., wine and
spirit marches* at Worcester, the plaintiffs, ordered a
butt of sherry of a particular brand from a firm in
Mark-lane. The wine was delivered to the Great
Western Railway Company to be carried to Wm-
oister, and in due time reached the plaintiffs' cellars ;
A fortnight after its arrival the butt was tapped, when it
was found that a considerable quantity of the wine had
been abstracted sod water substituted for it—water apps.
tautly of an impure kind, u the contents had au offensive
smell. The wine was completely spoilt ; and the plaintiffs
claimed 10 1 . for the loss they bad sustained.
Evidence was given to show that immediately before the
butt was delivered to the company's sensate a maniple,
which was produced in court, was taken of it, and that from
the care taken both by the firm in Mark-lane and by the
plaintiffs, the wine could not have been tampered with
while in their possession.
On the part of the defence, the carmen, guards, awl other
servants of the railway company, in whose charge the butt
bad been in the course of its transit to the plaintiffs at
Worcester, ware called to prove that the alleged abstrac-
tion and adulteration of the wine could sot have takes
piece while it was under the care and custody of the
defendants. . . . .

Tbe pry, after being locked up • few minutes, returned
• ‘eediet fur the defendants.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
CLAYTON V. DAVIE.
Io this part-heard case, which was commenced on Satur-
day, and which has already bees reported,
Mr. Hopwood summed up the ease maimt the will.
The Queen's Advocate (with him Mr. Searle) replied.
Sir James Wilde then summed up the evidence on both
siJsa but
The verdict had not been given when we went to pram

COURT OF BANKRUPTCY.
(Before Mr. Ooramissioeer BoBoyd.)
IN BE COLONEL DIMING.

This was an application for release from ondody. Colonel
Daring had executed a deed of arisopeneet. He woe is
custody at the suit of Colonel Toeing, a creditor for 883&,
sad there were no less than 30 detainers spinet him. He
is described as a gentleman, of Buckingham place, Strand;
his liabilities me said to be upwards of 22,0001. ; ha lum
been largely engaged in mining transactions.
Mr. K. Reed supported the application. The deed entered
into by Colonel Tiering had received the certificate of the
registrar in the tuna' way, and the applicant was cones•
unaptly entitled to his release.
Hr. Climate opposed.
His Honour Wild that the deed had bees duly executed,
and panted the release.
(Before Mr. Commissioner Goulburn.)
Ilf 111 waTr LND LONG.

The bankrupts were shipping merchants, of Broken.
wharf, Upper Thames-street. This was the milting for
order of discharge iu the case of Watt, Long having ab-
sconded before the bankruptcy. The joint debts are up.
wards of 15,0001. ; no assets. Ths sitting had been ad.
jcurned for the production of some witnesses who had bad
dealings with the bankrupt.
Mr. Linklater appeared for the assignees, and Mr. Sargood
for the bankrupt.
Mr. Barthel, auctioneer of Broadway, Ludgate-bill, stated
that io April 1562, Long cane to him to borrow money.
Mr. Sargood objected to this examination se not affecting
Watt, whose conduct was now under consideration.
Mr. Linklater contended that the bankrupt was bound by
the acts of his partner.
His Honour concurred. Each partner was the agent of
the other in contracting debts.
Mr. Bertha deposal that he lent lag 1,1001. is
air weeks, oa the deposit of cloths, de Lines, and
other goods. He did not ask where the goods came
from, nor whether they were paid for. Did not
know the value of the goods. He had no objection to ad-
vance 851. on 1001. worth of goods. He believed they were
worth more than 1,1001., because Long redeemed them.
He charged 5 per coot, on the advance for six weeks, ioclud.
tug tantrum, and warehouse charged—that would be about
40 per cent per annum. Long was a needy man.
The eternisation of Mr. Joseph Davison, of Cheapside,
Wren at a former sitting, was given in evidence. He bad
Fn bills against goods of the bankrupts' ; had had
of the value of 5,000/. or 6,000/. ; some of those bad
shipped to the Confederate States. He had charged
'as much as GO per oent on some of the advances. He was
now a merchant. He had lost nearly 3,0004 by the
bankrupt's estate. He had been deceived in the quantity
of the goods. The cases did not contain as much as was
represented by Long. The deficiency was quite one half.
Long rid that his partner was about to open a house in
Paris, in consequence of the new treaty.
Mr. Sargood took objection to the manner in which the
evidence was recorded, and much warmth was exhibited,
which resulted in Mr. Sargood retiring from the case, the
court declining to interfere.
The solicitor to the bankrupt thereupon applied for an
adjournment of the ease, which was ordered.

THE POLICE COURTS.

(THIS DAY.)

CLERICENWELL
TRULY/NM TO MURDER • ROLICITOR.
Robert lialtslip, $ young fellow shoat 19 or years of
age, was brought up in the custody of Police-constable Wil-
lingale, one of the warraot &Roars of the court, and charged
Wore Mr. Barker for that he did unlawfully use certain
threats towards Mr. Charles Hamlin, solicitor, of 2, Jobe-
street, Berlford•row, whereby he apprehends be goes ia
danger of his life or of some bodily harm that the said
Robert Hanalip will do, or cause to be dons unto him,
against the peace.
Mr. Hamlin mid the defendant was his son, and for some
time past he had behaved in a very bad way and had
threatened to murder him and to smash him. He (the
defendant) said be had a brace of pistols loaded, and that
he intended to shoot him (complainant) with them. The
defendant had written to his uncle to say that be
would barn the house on Monday. The defendant
behaved in a most shameful manner, breaking plates
and other articles of dogmatic use ; the only reason he (com-
plainant) could amigo for the defendant acting in this man-
ner was that be would not give him a large sum of money
to go about with. The defendant a short time since wanted
to go to Poland, sad now he wished to go to America.
When the defendant was taken into cusody be said he
had a brace of pistols, but the constable could not find
them.
Mr. Alexander (the clerk)—What have you got to say in
answer to the charge!
The defendant—Habil:lg at all.
The clerk—And you decline to give any explanation'
The defendant—l do,
The clerk (to the complainant)—ls the defendant sane 7
Mr. il/Dilip—The defendant is sane enough. His object
in going on in this manner in to extort money from me. I
bays offered him a sum, but he wants considerably more
than I will give him.
Mr. Barker said be would remand the prisoner to the
House of Detention foe a week, and in the meantime be
would be examined by the surgeon, who would ,aletermine
whether he (the primmer) was in his right senses or not.
The prisoner—You can do what you please, it will not
base the slightest effect upon me, I can assure you.
The prisoner was then removed.