The Express.
London, England, 1853-08-17 00:00:00

ASSIZB INTELLIGENCB.

HOME CIRCUIT.—CROTDON, AUGUST 16.
This long protracted anise wm at length brought to a
conclusion late last night, the list having been got through,
as it is termed, in some way or other. Towards the time of
the proceeding, the parties in many of the cat.,er, com-
pletely wearied out by the delay and the heavy coats that
were accruing, came to some arrangement among them-
selves without going into court, and certainly not more than
one-third of the casts in the miss list wets " tried."

WESTERN CIRCUIT.—BRIBroL, AUGUST 16.
Ihroas Ka. Jvmcs TALrovez.

Baowsz O. LAZIULLI.-LIABILITIIB OP MAIFFILS OF
Viisszuh—SrsoiAL Juar.

The action was brought by :he plaintiff, Mr. Samuel Wel-
!matt Browne, as the sup • • g partner of the firm of
wagers. Spiller and Browne, corn and flour merchants, of
Dridgt 7rater, against the defendant, Louis Victor Lssiulle,
0.1 •.• - •
toe master of a French schooner “11
.o e~~Ye~to rc.
cover compentot!Sn for injuries done to a cargo of flour
while on its voyage from the French coast to South Wales,
as was alleged, through the negligence of the defendant.
The defendant by his pleadings denied his liability, and
also denied that the damage had been the result of neglect.
It appeared that in December Messrs. Bpiller and Browne
directed their agent at Marseilles to purchase a cargo of
flour, which was to be shipped at a small port about 45
miles from Marseilles, and on the 9th of that month the
agents &evadingly entered into a charter party with a per-
son named Marries, who was owner and mister of the Jus-
tine, by which it was agreed that the lour should be carried
to a place called " the Mumbles." to await orders, and then
to proceed to any port in the Bristol Channel. In the month
of February, the Justine arrived at the proposed port of
departure from Marseilles, but on her way she suffered so
much damage as to need repairs. On the 18th of March
bills of lading were signed in due form for 1,362 sacks, and
also for 300 other sacks of flour, and a duplicate was given
to Marries, and signed on behalf of the plaintiff by the
agent. Marries was to have proceeded as master, but
being unwell he appointed the defendant, who had pre-
viouly been his mate, as captain of the vessel. The vessel
sailed on her voyage, and on the 29th of April she arrived
at the Mumbles, where some persons went on board of her,
and upon the hatchway being removed, so much of the
cargo as could be seen appeared to be in good condition
From some cause or another the defendant, on toe 30th of
April, went to a notary, and, under a protest in which he
stated that the vessel had proceeded from the coast of
France to the Mumbles, but that the flour appearing da-
maged from bad weather, he had entered his protest. On the
3rd of May the Justine went to Meath, and, upon her being
unloaded, it was found that a great part of the cargo had
been damaged, as was alleged, through the leaky state of
the deck. Proper persons were called in to examine the
vessel and the cargo, and it was found that the caulking of
the former was defective, and that 400 tacks of flour had
I been damaged to the extent of 10s. per sack, and 200 to the
extent of 61. per sack. The plaintiff, after the arrival of the
ship, had paid cart of the freight, but on discovering the
state of the flour he had refused to pay further, and had
brought his action.
A number of witnesses were called to make rut the plain-
tiff's case, and deposed to the decks not being water-tight,
especially at the combings of the hatches. They also spoke
to the damaged state of the flour, which they said had evi-
dently been caused by the leakage of sea water, and not by
natural fermentation or heating.
Evidence was adduced for the defence to show that the
vessel was in good condition, and that the repairs to fit her
for another cargo had only cost lf. 81. The witnesses stated
that nothing was more common than for a ship to strain in
a storm and close up again, and they expressed their belief
that the leakage had arisen is this way.
The jury returned a verdict for the defendant.
The case seemed to excite much interest among mercan-
tile persons.