The Express.
London, England, 1853-12-15 00:00:00

lIITCHIXA t. MTKTWIA

LAST ELECTION

FOR INWLIA.
This was an action brought to mover 20M., under the
following circumstnneee. The plaintiff complained that
having commonced an Action agahist Mr. Marcus Mery-
weatbrr Turner, the defendant's ass, proceedings were
stayed until the 15th of July last, apes the defendant pro-
mising to guarantee and secure to the plaintiff payment of
2001. upon that day, which esua, ►owever, be had not
paid.
In answer, the defrndaat pleaded that the plaintiff
caused and procured the defendant to eater into the mid
promise through and by means of the fraud of the plaintiff,
and others in collusion with him. _ _

--171;:i;rjeliOTWiliini—ii-nilar. Cooper were for the
plaintiff; and Mr. Montague Chambers, Q.C.,and Mr. Pren-
tice appeared for the defendant.
In consequence of the form et the pleadings, the defen-
dant's' counsel began the case, sad stated that at the last
election foe Newark the dedlielleat's sea was a candidate,
and the plaintiff was his elestieneeriag agent. It was un-
derstood that Mr. Turner ahead not be subject to anything
but the legal expenses, and Mr. Ilitekias undertook that
they should not exceed 3501. Mr. Turner was ultettoonsful,
and after the election Mr. Ititains damsel MI., although
Mr. Turner had already paid 2001. or 3001. oat of his
pocket. The defendant had resolved such an amount of
his ion front the plaintiff as was highly flattering to his
feelings as a father. On the Ink:July, 1852, the plaintiff
wrote and apologised for not aeithowledging at an earlier
' date the receipt of the defendant's letter, for he bad been
so absorbed in the interests "of year excellent son," as to
give up all other considerations, and although the result of
the election had been adverse to their calculations and ex-
pectations,ft had been caused by an ender-current coalition ;1
and, secondly, by most 'Massive bribery, of which they
would obtain sufficient proof to unseat one of the
members, and he trusted to Mg Mr. Turner. He could sot
doubt for one moment the puma tie fisiedant would
have for speaking well of kis sem be be midi assure bins
that opponents and parti.ans were wOlisto admit Ms mea-
tiness and higiunindednees, and won &NOMA with him
Miuslisees became childlike, and they wire wail net abed
a tear is the face of death dropped teeny es parting with
your son." (A laugh.) Hader times eimusiessees the de-
fendant was analogs to settles the plaintiff's action, and
therefore he, on the 3rd Jaw, 1162. Mimed the following
guarantee ;—" In consideration of the plaintiff cementing
to stay all further proowdlap In the above action, upon
payment by the defendant, on the 16th July neat, of 2001.
for debt and agreed costs, I hereby undertake to guarantee
and secure the doe payment thereof oa tit abovoweationed
day." It was represented that this sum would cover all
liabilities ; but the defendant was swprisei afterwards es
find Hitehins was aware that a Mr. Wafts chimed 904, sad
that there were ether claims besides. This being so the
defendant's case was that the gnareelse had been obtained
front him under him reyeemalatins, sad therefore that he
was not hails open IL
Mr. Willie. &elites lierywealbar. the defendant. said
that he, with Mr. Wells, thememegfag clerk of his steamy,
went to the office of Mr. /I=silw Pligatiro ottfAr%
sod saw his clerk. Wm sea aseenat fee wWeit
action was brought Inehded a enpaners. The nest day.
the 3rd of June, they 06111 Mr. Impeen. and be add Ws
amount included all anyeasse newt sleet 201. fee a polling
booth. The &Miss we fee WM, end it was agreed is take
2001. for debt end wets. Whet Mt. Ikapea mid, was said
"At the very memeat" the Wines Aped the guarantee.
The ClAii Suedes sentinel the Warm le be earefal how
be aeswered the gmeetioo.
Mr. Masymeelher was then farther ezamiaed, and he
declined le pled. Ids oath whether the statement is gees-
tine was made Wen or after he missed the guarantee.
Mr. Welk mid he did not remember anything said by
Mr. Emma% desk es the 2nd of June. Oa the ird Jane,
after the rmenalse had bees signed. whams said, * Will
this sum WIEN a l demeedsegiest Mr. Tamar i" and
Mr.em ansereesk *Mr. EOM= will have no farther
; a
bbelism Wen we same Mils
willeatileg."for willies bombs,
est sewsing menses
The Chief Justin said he had knew. Mr. Wells very
away years ; he wee a very respestable man, and there was
no
doubt his evident* pat as end to the matter. There was
Declines for the piss ef freed.
levy Omni a medial
imm'bhe the platstif for 2001., and
his lorip granted weenties.

The plaintiff in this ease lea metrabor of the Chimney
bar, and he resides at Highgate, end the defendestihe
Water
Weeks at Fluidity, is ckshman of the:Hanipteeill Water
Weeks Company. TM amiss wee itemight te renn
etdamages for injuries suateind by the plaintiff's horse, in
eeaesgence of the earelmenses of the ',many's servants,
sad plea was "not guilty."
Ms. fierjeaat Sites wed metier leasedgentlemas ap-
=for the plaintiff ;. end Mr. Sesioant Myles and Mr.
for the dihedral
The plaintiff's MIS was rat en the eve of the Bth
September, is the premed pea_r, M was rY en horse-
back to Highgate, 'media be Ms nsnal engem Nothing
mend until le got topped* w hones, ML S, Highgate-
rise. In June the Water Company the seed at
this spot in order to lay on the waist te No. d, sad this had
bees so Imperfectly done that the water had helped ant and
softened a pert of the road. TM phisdf . been hid epos
this spot, and one of his lees ha teak in te the depth of
about half way between the digit end the ham. The
horse eonsequendy fell mai Wm Seth his knees. Mt the
plaintiff .sewed unhurt. The Mew hei been pnesheed a'
short time beim whim out of andliiim,Mlllllgdasee, and
at the time et thiameident wee meth shed Mr Awe. The
horse was of MOM very smelt lePorad, and to the gement
action it wee s. te seem sinspematie• Ar Me Ism
which the plaintiff hod an shelled. Upon evartheing the
spot when the modest ammeed the *Miff heed the
road to be is an exeeedingly sea aid dangerms ; is-
deed so soft was it that he theme a welhieg elkit Whisk was
produced into it to the diseases Mill babes.
Mr. Lush, at the comissies of the oedema for the
tiff, submitted that there wee es ease, sod is parYwlsr he
urged that there was no duty upon the Gamow he repair
a leaky pipe until notice had been OM te OMB tithe
fact of the leak. This being se, them was se peed M neg-
ligee°, to rapport this action.
His Lordship said be did net think the sedge would lie ;
but it was best not to stop Wow.
Evidence was given fur the dehndand that the softness of
the road was sot caused by say leakage from the company's
pipe, and it was suggested that it was meet probably aimed
by a cistern in the vicinity with frequently overflowed,
and the water ran on to the reed. It appeared that in May
there was a leakage in the pipe ; la July it was thought
that there was a leakage; hut. upon mantination, nose
was found ; and three preens wise examined the spot in
September denied that there wee any leakage from the
eompeny's pipe.
The Chief Justice directed the jury to onside, only whe-
ther there was any leakage trees the eseapany's pipe he
September, as it was agreed that it was sot uses vary to
trouble them with the question of damages, whisk would,
if they were found for the plaintiff, be settled est of
court.

The jury considered the matter in private for about two
boars and a half, sad they then same late mart sad said
there was so shames of their agreeing, Met of du= beimg
of use opinion and lire of them 0 mast►er. Besides this,
one of their number was Indwell..
The Chief Justice said, UM b g so, be would discharge
'them without their giving a mast,
The jury were discharged

COVET OF EXI

NISTEIDAT.
ass TSB 171110

P11(1 AT
111ALOS ASP MO= MU&

DALI O. CITY TTTTTT u.
Mr. O'Malley sad Mr. Berthed emend for the plaintiff,
and Mr. mama end Mi. illesetdms far the defendant.
The deelandre dinged thethdlindeen with publishing in
a play-bill of rite paeliermeeee tit the Peri an Theatre,
Whitachape&resk meths liedlens matter of the plaintiff.
There was the steenathe the beeeth of an agreement The
Wooden& bed pleeded nee slew to the Arm °out, sad as
to the seemed denied the t.
eZ=ed that the bed bus en motor for some
thee at the ?milks Theatre, of which the de-
finite mad $ Mr. Neale Irmo the Mmes. In May, June,
and July lest the Pavilion Theatre amen set to have bees
he a "my dearishiag one==asse• of whith a
"Namessweskia " was which WSW.