The Express.
London, England, 1852-08-04 00:00:00

TX{ QUEEN P. MILLI:4O ANU CHITTT.

In this caw, which was a charge of misdemeatiour against
one of the ilefendso.s as ptineipvl, in haring unlawfully
perionated a voter at the recent election lur West Surrey,
aad against the other as en aceevaary.
Mr. Itolninedi apish.-d, on the part of the prosecution, to
respite the moguls niers of the prioecutiy to the neat
aa4a, s. The application was made upon Ma affidavit,
winch stated that the indictment was one of a vary special
eltansatar, which would require the pro :maims of
insuts. MEN of w►ieh could net be obtained without the
if She llama ad Cumassaw, and that. atinwapesatly.

NORFOLK ClRCUlT.—lrswica, Auover 3.
Civil. arse.-11sruss Ye. Vaasa Visas.
The court was opened at eight o'clock. His lordship ap-
peared to be much better than on Batenday.
COl3Oll, v. Tulsa° AND OTHISS.—Bescs,
Me. lifellthi BY11". Ihir. 0.24•115 e, (IC., and Mr. Dieent
append err the plaintiff ; Mr. Prenderpet and Mr. Wells
I were far the defendant.
This ISM, which had occupied the whole of yesterday,
its
ellaste on this morning.
skelaratioa stated that the plaintiff, Mr. John Cob-
kt* largest merchant and brewer of this town, bad, on
lelielli March. 1840, a vessel called the John and Henry,
awl ihn es that day the defendants, Mears. Tanno end
Cornier, the former residing in the county of Caramel,
the War in London, 'brutish the negligence of their str-
ewn. the Harbour Master of Charlestown, orb the mis-
management of his servants, whined to the John and
Henry en improper berth in the harbour of Charlestown,
which is the private property of the defendante, whereby 1
that Med was wrecked and totally low. The defendants,
list pleaded not guilty ; secondly, that they did not receive
the well of the plaintiff into their harbour, sad that they
i did set undertake the ears of the vessel.
Itmpp d, from the evidence adduced on the part of the
pltbkllgehit.on the 29th of Merch,lB6o,the John and Henry
mined the harbour of Charlestown, with ballast, under the
lemileandl of a Falmouth pilot. The vessel was moored
ow to the gates of the in, and the Whom muter !
Masks) was Wed to take the John and Henry into the
dock. Three vessels, it way stated, were allowed to go
iato the dock, in preference of the plaintiff's vessel, and
the guts. closed. As night came me, a gale arose an a
heavy sea cams into the harbour, and, notwithstanding
eery eremite war =WI to save her, eke soon became al
Week. One of the WIMP'S!, said she was broken up
Into 10,000 piece*. Wand OW Mamas positively swore
that after the three vessels bad been admitted into
the dock in the day owed then woe plenty of room, if
the vessels thereat had bees peeped, disposed, to admit the
John and Henry. There were rules Wog up is the har-
bour mater's tenet, in the part of Charlestown, for the con-
duet of the marten of vessels eateries into that port ; one
at "'kith gleedied, .. Any motor es =Sobs of a vessel re-
firing to remove his vessel se the harbour-muter may
direst, shell be liable to a prinatir of fh." Upon this rule
the plaintiff rested his ease • and it woo submitted by the
isarnedeoweel that, mthe. leastuar-saster bad taken the
John end Henry into the ester harbour, he ought to have
permitted her to miter the issue dick, or provided her
with ewe place of safety. The damages were laid at be-
tween 6001. and 7001.
For the defendants ?elusion was given in direct contra-
diction to that deposed to an the ppaarrt of the plaintiff.
Tits harbour muter (the is' newt) and five or
six ether shames, three of when were " hobbles" be-
looging S. the pert sad barbs, ef Charlestown, positively
were that the new an beard the plaintiff's vessel, while in
the bay, were tell then was no room fur her in the dock,
mad that she week be lett if she did not hoist her mainsail
mad sail out. It appears that it is the custom if the pert
et Chilliellollll for mesh to ester the dock is feta-
tios—that is to my, the vessel first .. mennoing"
he by covering the Gorren Hock with the an*
Head it to be drat admitted into the basin. Net tidy
that, but all vessels entering that harbour should take as
board a .. bobbin," to 'ilot the vessel up to the well of
the dock. It was also stated that it mu the mew of all
vessels to lay to is the bay fir the wpm of knowing/Mu
the "bobbins," who rh at is beats for that purpose INNS
the barbasr, irlastisseVim is nen is the Wain, whisk is
oely one die abrading MI sr 17 ebbs at a tine. Oa tie
pen dine slag It wee skies, sod sambaed by the tie-
namiesto thin es theilay is queetles, the been bed 16 '
sitizepteakie ; sod bine mom hy several wllmenot ffs the
, is oppeeles is the evidesee skewed ea the_ pert
of the ~IN ti at ken was not sulkiest rola lett le
admit his nomel. Thew were two numb whin reouimd Mae
docked—a Xerwegies sad wastliar, obi* bed rushed
the Genes Meth bakes the *kWh iNg• intern
essenewatty melded le the peekeenee ewer the Isla sad
=bet ne their were hot aspersed themselves
that there was met esidenst room in the dock to
admit either, *spoiled est if the harbour and bay of
Checksums le seek shelter at Pery._ _lt wee Awns in
evidence that the barbewr meter sad 30 or 40 if Me maist-
ants did all indent power Sr save the vessel belsegiag to
the plaintiff hen being wrested ; bat their elute proved
Ms.sea
gnt Pyles having replied,
Mr. Bares Parke summed up in a most careful manner,
Marne It for the jury to say whether, from the wanting
testimony they hmil heard, the "babblers" had, at the request
of the harbour nester, warned the new of the John and
Mesa to take their vessel out of the bastion, or whether or
set ne harbour master had received the vessel hate the
mien Whew t If she bad been invited by the harbour
War to IMO into the outer harbour, then it would be a
gesnies fey the jury to determine whether she might sot
W Iwo been placed in the inner berbear, or seine other
pine ef safety. If, however, key ebesid Wien that the
need was warned out of this beaker Mlegether, and that
she elkerwards ram into the sneer lobate matrary to the
tenoned wishes of the dellisdaski_they must return a
reran is Wrenn the deadens.lf they thought on the
The , they must dad a nudist dr :he plaintiff.
The lay in about 20 Wanes' time found a verdict for
the tiff, for the memo ens* to be recovered.
Chief Bares was meaty ell yesterday occupied in
tryleg seen not fit reporting. The other cases were of •
miser Ammer, sot wanagoisi any notice.
The baker et the ankle terminated this aftersees '
shortly titer two Mehl.lien Yong bees Ike mak*
wisher of eases and the main eases int kiwis ekes
the assizes have bees held bete.

JUST.