The Express.
London, England, 1848-07-25 00:00:00

WESTERN CIRCU IT,—DoucHisstiot, JtLY 22.

&•fore Mr. hence Coterelee.
FitfrattlClDE.—A young man named Wright, the son of a
large farmer living near Shaftesbury, was indicted for the
manslaughter of his elder brother under the following dis-
tressing eircumitances: the two brothers were together in
their house whin some words arose, blows passed, and the
sister heard a ciy of agony from her elder brother, who, it
seemed, bail been stabbed by the prisoner with a clsspilinife.
The jury• found the prisoner Guilty, and /dr. Justice Cole-
ridge sentenced the prisoner to 12 months' imprisonment.

NORTHERN CIRCUIT.—Yonx, JOLT 24.
C,rsL Sena —Before Mr. Justice Crcwwell and u special
,jury.
Tug Coils TRADE —ALDER AND ANOTM ED V N EWMAN
AND CARTWRIGHT.— George Alter, jun., and 10/,'•
liam Farthing, the assignees of John Burkill, were
the plaintiffs; and R. D. Newman and J. .1 Cartwright
were the deft 'Wants. The action was in trovcr• The licit
count of the declaration alleged the goods in Question to be
in the posseceion of the bankrupt; the second in the posses-
sion of the assignee'. The defendants plead. d not guilty ;
that the bankrupt was not possessed; that the assigneis
were not possessed ; and that the plaintiffs were not the
assignees.
Mr. Martin stated the cane. The plaintiffs were the
assignee. of a person called John Burkill, who became
a bankrupt in 1841. One of the defendants, Mr. New-
man, is a large corn merchant at Leeds ; the other defen-
dant, Mr. Cartwright, is a gentleman who was partner with
him in a warehouse at Wakefield, where they stored corn.
This action was brought to recover the value of 261 quarto.;
of Dantric wheat, via., 8431. 14s.' 9d., which were afterwards
sold by the defendants at a small lose. The bankrupt, Mr.
Burkill, was a large corn merchant at Louth, and he and t .e
defendants had a great many transactions together. Mr.
Burkill at the time of this particular transaction was in very
good credit, and on the of October. 1840, Mr. Newman
sold to him three parcels of wheat-281 quarters which were
lying in Mr. Newman's warehouse at Leeds, 602 quarters
which were lying et the same place, and 2GI quarters, which
formed the subject of this action, lying at Mr. Cartwright's
warehouse et Wakefield. It was Dartzic whet; it waisold
at 645. Gd. a quarter; and it was delivered at the Wakefield
granary from a vessel called the Pearson. On
the 6th of October this took place, and on the same day
(the contract being to pay for the wheat by bills) two
bills for 5001 each, at three months, were given by the bank.
rupt to Mr. Newman on account of this wheat. On the 20th
of October three other bills were given, making altogether
3,4981. lls. Bd. Between the 6th and the 24th of October
the wheat was weighed over, according to practice, and it
was sold at the rate of 601ba per bushel. Ihe exact amount
being ascertained an invoice was sent in for the ascertained
price, which squared with the amount of the bills. The law
in such a transaction was this: when an article such as
wheat has been sold, to be paid for by bills, on the
wheat being measured, the price ascertained, and the bills
given on account of it, the wheat becomes the property
of the buyer, and he can deal with it as he thinks
fit. On the 24th of October, therbefore, this wheat
L WY as much the property of thebankrupt as any
I property which might be in possession of the gentlemen of
I the jury. About the end of October Mr. Be:kill's circa"-