The Express.
London, England, 1851-11-15 00:00:00

affected by the climate, and he applied to the company for
leave to absence, and, having okained the same, proceeded
to Aden, froui whence he suieo quAstly came to the. country,
the company evireeing to allow tom one-fourth o: his salary.
camels, ICI. per month. Having be n absent from his
duties- for • period of 19 months, and being told by his
medical adviser that lie moat not return to Int.ll, be in-
formed tile company of the fact, upon which they roman-
q him that they must dispense with his further
Meilen The plaintiff then claimed the difference between
the son be had received and the f amount of the salary
'MIA the mmspaisy had agreed so pay to him during
hie aberisee ham ladle. The defendants, however, consi-
ders& diet they !Manly hound to pay him lot. per month
mhos net performing M. duties and resisted the demand,
upon which the plaintiff brought his action.
Ilse only qatstiois for the conaideration of the Court was
whether the plainuff was to be considered se seinen,' per-
*lensing the service, for which he was to have been paid
:111.b.st,r month, when absent on sick leave from India ; or
tie sum of 10:. per month, agreed to be paid to
him daring such absence, was the full amount to which he
wan entitled.
Mr. Iluinfrey having been heard for the plaintiff,
'he Court, without calling on Sir F. Thetiger, pro-
nounced judgment for the defendants.
Lord Campbell had no doubt that the plaintiff was a very
respectable gentleman, and he lamented the misfortune
whidt htd befallen tdin. 'There could be no question that
the covenant between the plaintiff and the company was a
conditional one, the condition being that the full salary
should be paid if the plaintiff should be able to, and actu-
ally did, perform the services for which the stipulated sum
of 401. vr month was to be given. That condition did nut
appear to have been fulfilled by him; and it would be much
to be lamented. it, in point of law, the company were bound
to pay the full salary, because, it might prevent them, in
future, from showing the indulgence to others, which they
had extended to the plaintiff.
The other learned judges concurred.

BAIL COCILT.-YUTERDAY.

811111111. At ,41,11

Si II S. kIITICII DWI ass • COMM,
RIM

.MAIIO,I O. Witl,lllo.--12,,NIIITTAL FOR Paiu itv,

This was an action ..... 4lit to recover the aura of 401.,
being the Want° of a hilt of exchange for 9W., given by
the defendant to the ylanstitf. The daendant pleaded that
he had delivered over goods to the plaintiff, the value of
which amounted to a complete settlement of the claim.
The issue being on the defendant, Mr. Ilumfrey com-
menced by prising the defendant's case.
Matthew Wright, tie defendant, was the first witness
ezamined. lie stated toot he had purchased the goal-will
of. no,aceonist's shop from the plaintiff, together with a
quantity of cigars, alleged vibe foreign, for 1.401., for which
be gave nis bill. He paid kff. un account of the said bill,
but refused to lay the balance, en the ground that the
cigars were not foreigis. After some litigation between
them, they agreed to fact ti*ether on the premises, on the
17th Sept. 1 est, for the purpow of settling the matter. There
were two persons, beanie. the defendant and plaintiff, at
that meeting. Tin y diseased this matter over in reference
to the cigars. They estimated the cost that they had
already incurred in law, and they found that they had ex-
pended tone rinses the amount of these cigars. The
plaintiff raid that if the defendant would give him the 2211 i.
of the disputed cigars, he would settle the matter. Ile
(the defendant) talieved that the cigars were made of
lettuce leaves. The plaintiff selected the 221 b. of cigars
which hr was to take away. 'rutty were duly weighed.
The plaintiff parked them up in parcels for him-
self, and then sent out money for beer, which they
drank together. The plaintiff then asked witnens to
allow the cigars vi rienain, as he had nu licensed
premiisa. W stn a. auiented, and the cigars were given in
charge to Mr. Kernidoo, who was actually in possession of
the premises at the time. lie then asked the plaintif fur
the bill of exchange, hut Mr. Mahon said that his lawyer
bad it, and would out giec it up until he had paid him his
costs. lee, however. eng aged to have it sent to witness be-
fore be dismeed of loved the cigars. Each of them then un-
dertosik to pal his 0.11 attorney. A memorandum was then
drawn up he witness, which the plaintiff approved of. It was
an engagement to deliver up the bill of exchange for 901. on
receivinr T2l 11ns, of cigars. The plaintiff took away the
rough graft of tie inionoraniluni, fur the purpose of showing

it, an he mitt, to her lawyt r. Tb, rc WAN • mewed copy mile
at the time, which w atop... intended to keep hismell, but he
behettol that the plaintaf tusk away both with him.

erwa.esiiminial by Mr. Atkinson—l am designated •
merchant, and deal in isiial, wood, &c. I have a license for
dealing in tobacco. I hail two him.", one in High-street,
Whitechapel, and the other in Iliehaorcet, Shadwell. I
carried un no businca at that time in nigh-street, White-
chapel. It sae then closed. Kerapton way a person
that hid been in my employ. Ile was my fiat cousin.
On the 17th of bud S. Member I had no license of any kind
fur the house in M hitechapel, having transferred it. The
signature of " Anthony Mahon " to the memorandum
'lade to me on the lith of September was not written by
sae, 11.11. to I believe it to he in the plaintiff* handwritting.
A letter win then read. dated the 2itli October, written
..,, the .11 fenilant fermi St. Leonard,. and addreased to the
*miff, appointing to inert Mr. Mahon on the following
edneaday, the 29th Sept., at II igh.street, in Shailwell, for
the purpose of arr outing the return of the eigan, and
saying " I will have the quantity of eigan agreed on at
those premiss."

Witness—That letter is in my handwriting. Although
by the nature u( the agreement mole in September, the
plait.bicould .a anv time Lake the cigars front Mr Kemp-
ton, yrt. subarnincty 1 requested Mr. Kempton to require
my plan to b,• given up before the cigars were hooded to
the ptaintillt 1 hail before that tune disposed of the pre-
mises at Whitechapti, and had, therefore, to remove the
cigars to Shad.. U.
James X.-mist..on and a p non of the name of Downy, a
builder. hating the two persons referred to as having been
present ut tlo• alleged conversation between the plaintiff
and dekiiilant on or about the 17th of September last.
respectively corroborated the statement made by the
deh•nd+nt.

Atain.or addressed the jury on behalf of the plain-
tiff, and called a• his trod tritium the plaintiff himself,
Antlonn. 111 slam, who stated that he recollected being at
No. 91, ffigh-.tree(, Whiteehatal, about the lith Septem-
ber. Pio else went there on the' oth September, in VMS.
party with a Lieutenant Slowly, of the Royal Navy, and
another poison. Ile did not recollect wring any persons in
the room of that house on that day except the defendant.
(Here the memorandum allud. ol to by the defendant a•
having been drown up and agreed to at the meeting wa.
handed to witness.) Heartier sow this paper before, nor
had he ever put his nano to any ouch paper. Ile saw Mr.
Downy a. work in Whiteehspei, al. Mr. Kelantan there.
Ile never drank any half-and-half there, nor had he ever
toiled A drop of liquor there. Ibis object in going to Utah-
street, Whitcchajoel, at that time, wan to know what settle-
ment Mr. Wright proposed to make in renpret to the 90/.
bill. Defend:lnt said that if plaintiff would accept of the
2*/111m. at cigars a. a settlement of the balance of his de-
mind. he ...Oil have them Irma his lawyer's on the fol.
lon on.; S oturolay. Plaintiff asked him whether he would
have them at the boon' in nigh-street on the following
Saturday, and he said be would. 'Witness and Lieutenant
Shoo ly called there on the following Saturday, and saw the
delendant, who mill he 11.1.1 no cigars as yet from
his 'any. r. Did not wok Lieutenant Slowly whether
he had beard them ohnervitionet. The lieutenant was
at:outlaw at the time a little outside of the door.
Wan. -It never s to Wright that he could not give up
any papers to him as his lawyer had them. The papery re-
ferred to were in hi. own pome..ion at the time. If any
person mod thot witness amoited to putting up any cigars at
that tim o, mach statement was false. Ile had never, at that
time or since, seem any cigars at 91, High-street, White-
chapel.
Crow examined by Mr. Uurafrey—On the day I went to
the defeihlonen, when he said that he would have the cigars
there on the following Saturday, I mat Mr. Wright by ap-
pointment—Nu, the find day I went there was an accidental
call. I received several letters from the defendant appointing
to meet hint at different place., and to bring my papers
with me ; but I have none of the letters at present with Me.
Ou any day in September when I attended at 91, High-
street, Whiteehopel, I did not me the witnesses Kenspton,
Downy, and the defendant together. There was no paper
during that time ever written out and shown to me. No
cigar+ were taken out and shown to me. There were no
scales ever produced to weigh the cigars, nor were any
cigars ever weighed while I wan there. There were no
cigars brought out of the euplvtard then. I did not see any
cigars there at the time. I never asked Mr. Wright to
allow cigars to remain there an I had no licensed premise*.
I never at any future time Went Uteri to take any samples
of cigars. I went to the home on the Saturday referred to
far the purport of taking the rigor. if I could get them, and
to have done with the tran.aztion. I took Lieut. Slowly
with me for the pompom. of making him deliver up the
papers to the defendant if I obtained the cigars. Lieut.
'Slowly, holse•er, remained a little outside of the door
during thin conversation with Wright. 1 took another man
with me ors the same oceosion, of the name of M`Carthy,
who travels for a tobacconoint. I took him to be a witness
as well as Lieut. Slowly. Mr. Muscle, is the master of thin
person, 11•Parthy. 1 sailed upon him the day before, for
the purpose of asking hint to come with me. I had no
licensed pr. mines on the lith Sept., but I could buy umiak)
agars as I ple.meol, though I could not sell any.
Re-examined—lf the cigars were forthcoming, I would
have called the.: two person. in; but, inasmuch as they
were not, I did not think it necemary to call them into the
Rama

--II;oat. Slowly stated that he had been in the royal navy.
Hs twlieved that it ea* on the 2,./th Sept. when he went
with )1 thou to the how.e, 91. High-street, Whitechapel.
Prevail,. to their *royal it the bowie the plaintiff put into
his hand three paper.. Ile did not to into the room of the
house tin re the plaintif wax., and did not hear anything of
the conver.ation that then too. place twilit ea the plaintiff
and defendant.
Ho lordehip summed up, and the jury, after some eva-
side :ain't, retained a verdict kir the defendint.
Mr. Hawkey said he did not like to interfere in such
matters. but he ai.oeiled to his lordship whether he did
nut think some notice oe,tht to he taken of the evidence
riven by one of the witinmes examined. The learned judge
in a neighhouring onirt thlt day committed a piton for
perjury. and he thoileht that something ought to be done
in re.p. et to the evidence given in the case just disposed of.
Mr Justice Erse—Mc Opinion i., that this is • St ease to
be tried in the Central f'rinsival l'ourt. It is therefore my
duty to order Anthony .tlahou to be forthwith committed
to take hi. trial for perjury, so that these parties scut go
before &anther jury.
Mr. llunifiej-1 am glad, my lord, that this has taken
plate, for this offence mug to put a stop to.
Anthem !limos was accordingly taken into eulogy, sad
to wide.