The Express.
London, England, 1851-01-15 00:00:00

proprietors of the Weakly Chronicle. which was not a very
iinuishirg concern, and the rent of the dike comi
cbm bill
ng doe
this money bad been borrowed to pay that rent, ee
gives to the leader.
Mr. Dinar', 'mein id by Me. Ravill—l was publisher of
the Weedy e..Aronie.'e some time sr. Doyle and Russell
wets 1r Itrietc in coperuterabio with me. We carded on
the busiame at 337, Strend. Robert Jackett is • tavern
keeper. Ile supplied !effectuate to the establishment.
There was • hall owing to him, it might be 121. or 131. A
claim was made for rent due for the premises, and Russell
commissioned me to see the landlord, and promise that it
should be paid on the let September, and raid that he would
find the money. The rent was 751. due Midsummer. Rus-
sell did not Ibrabele the money, but told me to gat further
time. Oa the following Saturday Russell brought an reties
relating to Mr. George Hudson. It was written by a Mr.
Seymour. We refused to admit it. lie said if we did not
Insert it he would not pay the nat. On the following
Monday he told me he would not allow us to raise money on
his ;oatmeal credit to carry on the mourn. We applied to
Jacket, for the minty. He gave us a cheque for 751. Doyle
fet it etched, and we paid the net. Nothing was said at the
time about a promissory note, because we promised to repay
the money in a few days. I mentioned the way in which we
go; the mousy to ItasseU. I mentioned the note to Russell,
who seemed to asseut it. Jackett got the nose about a
week after it was drawn.
Cross-exemlned.-1 was a co-proprietor. I have known
Doyle accept bills for the firm. I remember one on Billie
and one on Mona Newton. I have men those bills. They
were drawn be me sad signed, to the bast of my belief,
"Doyle for self and partner'." The bill en Rallis might be
after the date of tie present toe. I believe it was after
Doyle was declared besekrure and after the flat was annulled.
It seas certainly e the depute between ec. I did aot re-
move the books. I cannot tell whither Dail., did, but I
believe the book keeper removed them. We did rafts.
Russell seems to them because he defaced the entries. They
were handed over to our largest creditor. S.me of the books
were kept from Russell to compel him to being beck the
cecque book. Tice eyttem e ,nenseneed when Russell t Joh
steps to ruin us. We are on as bad terms as it is posaible to
be. I had not been arrested then, but 1 have been since by
the Stamp-once for duties due by the rpm I have
bean • btekrupt, and have not my eartifiste, but
I am preptrcd to pay 20a in the pound ea my
private debts; but I could not ply the whole of the
trade debts of the partnership; tut an arrangement
has been made, and I shall now pay my trivets debts and
supersede the proceedi .ge. I joined the Weekly Chronicle
at the commencement of the present proprietorship. I
ca 't say exactly how much capital I br.e.,riu in. I hendel
over some securities to ItuiselL Ru. tell died to draw and
accept bile; for self end partner up to a certain dote, and
after that we determined that be should Die cantinas to d
so, and 6E4 that period not more than fira bills have bean
drawn or accepted by any one for the firm. TLe booking
amount was in Russel:a name alone ; he found money from
time to tinse,:not in et ceiderable sum.; hokum(' some money
gad Doyle found some. Russell &rued moat nieceLbeesuu be
gave lees time to the concern.
Re-examined—l will swesz that the bill was flown to
Result after it was sired.
Robert Jack.ett-1 keep a tavern in Blackmer street.
Refreshments had beet. supplied at tke Weekly Chronicle
of There was 301. due. Rumen called to eclairs about
the account, arid sate! that 101 should be considered as due
from the Weekly Chronicle. That was after I had lent the
751., but lbelere I bed got the note. Dillon and Doyle
called and geld they wanted money to pay the rent, and I
gave them a cheque kr 751. This is the cheque ; 1 received
it from my bankers. About a week 'leeward, I got the
note. I indorsed it, eboat the 101 of October, to Cooper, a
baker, to whoa I was indebted about 481. He sent me the
balance in mossy. I Lava hod two other bills drawn by
,yde, "for silt and partner," one on Newton, the ether
unßeylis. They have bath been paid. Rouen gave notice
fur them not to be pelf, and I took proetedinp.
Croft-examined—l naked a letter from Russell. He
also celled epos me at the time of the settlement of the ill
Ile also game to rue shunt the sth of October. He did not'
say to me " Surely, after tl • letter I wrote you, and the
notice given yen, you could not have thought of lending
your money on my ciedit" I have said I lent the 761. to
the Weekly Clermielc, but it was not in answer to that
remark. I 114,10 cry notice, that I know or, that
Doyle bad no peers to bottow money oa the en edit of the
partnership.
Jobe Cooper proved that he received the note from the
last witness, and endorsed it over on the 19th of November
to tier plaintiff, a 'babe, to whom he was indebted in the
rile Of 1731. ; that he war alterwerda told by 'Jellied that
;he bill was dishonoared, and said that the plaintiff must
hold and sue upon it.
S.rjesat Shee said he would not further contest the rear.
Vrisdiet for the plaintiff, 831.

COURT OF COMMON PLEAS.—YESTERDAY.
&TWOS LS Ramo. B. FO Tut Jkotst a Mat La,
Ma. Mum Caasow.Fi., Aim MA. Jtaxa WILLL43II.

_
PIT e. iiimmusv.—ltgarogalltlLlTY or Chanite.
This was as action of aesumpsit, tried at the Middlesex
sittings after last Wm, when a verdict was found for the
plaintiff fee 11W. It appeared.' the te.sl that the defendant,
a yuume ran, TZ year so see, w at iota the serviie of the
plaintilk, Meier. Fry, bail !ere, St. John's-wood, as a clerk,
'beat Orr years ago, and that they were id the hab,t o:
ending him from their 1.14 tit business ie Wangten-, tint
to taw banker lei Lethbury, every Siturday, with money
I to pay is to their creed , and also with s. cheque to precure
gold and silver to pay the plaintiffs' men. The defendant
bad less in the habit of p.rformizg this journey by omnibus,
and carrying the money in a small carpet bag. Co the
15.1 e of April last he was sent to the bank with h,it ,
which he duly delivered, and received, in teturn icr a
cheque seven bags of silver, containing 61. each, and
one beg of gold. Re put the money, as usual,
in the cwrpet bg, and got into an omnibus at
Lothbury, which eone.yed him to Biker • street.
From thence he took another omnibus for St. John's Wood.
and noticed that bin bag was all right at that time. A well
droved man, in a great rat, and with Bendy whiskers, eat
by defendant's side In the omnibus from Baia veer, and
when mu Lent's cricket ground inquired fir that place,
and upon being directed, 1-ft the omeihus. A few minutes
abet defeader.t discovered that a hole bad been cut in the
corer of the carpet bag, which he bed been cart, log en Lk
knee. and 1191. in sovereigns 'emceed from the beg which
had contained the gold. Several halteovereigns remained.
Purult was made for t! t men in question, but withouteficet.
Up' o whilh the plaintiffs brtught ea action Kph st the de-
fendant to recover the amount, on the ground that he had
not used due diligence in taking care of their meaty. The
jury expensed an (Tinton that no stigma rested on OA cha
rater of the defendant, but found a verdict for the p:aintiffs,
alleging that they did not consider he had taken tut:lciest
Bin ef the money.
Mr. Serjeant Bytes new moved for a rule for a new kid
en the ironed that the verthct was against the evidence, and
(untended that the defendant having, with the knowledge
and consent of his employers, conveyed the money in the
in which he had bean accustomed to do for two
years previously, it could not be said, became an exper
thief, in a moment when the defendant's attersti,n might
have been diverted, had extracted the gold and immediately
made elf with it, that the defendant hal not used due dili-
gence in protecting it.
Mr. Justice idau:e—lie ought to have known that thieves
were in tne habit of getting into omnibuses.
Mr. Serjcant Bytes—l will venture to say that on expe-
rieeced theet-1 don't mean to ssy that I could do it myself
—(a laugh)—but an experienced thief would insert his two
fingers as a surgeon does in perf.rmirg an opt ration ter the
etre and easily extract the sovereigns without ins Laing
observed.
Mr. Justin /dank—lle must have used some chloroform
to make the parallel complete. (Laughter.) Something
must have been dose to attract his attention. Perhaps he
was told that the hippopotamus wr parsing. (ite.vwed
laughter.)
Mr. Serjeaut Bytes said the defendant was a most re-
spectable young man, and the Lord Chief Justice agised
with the Jassy that there was no imputation on his chararer.
Chief Justice—l thoutt it a very hard case, but Ido
Oct say that I consider too verdict wrong. There is some
misfortune, as well as want of diligence in the ere, and it
might not be an impro;er course is such caws for both par-
tan to share the lose.
Mr. Justice Kaule—There has certainly been great negli-
gence—is the first place, in putting silver and goad together
m a target bag, and then in not watching it in a pubic
vehicle with sufficient are to prevent its being cut open. 1
recoLect trying a case at Liverpool where a man had been
entrusted with a cheque for 401. to get calked, and in cross-
ing the river la one of the steam-boats from Liverpool,
where there M a prodlious number of rogues of all kias—
(a Imigh)—it was extracted Iran his pocket. The jury, how-
ever, were of opinion that be bad not used doe diligence,
and found a verdict for the
Rale refused.

COURT OF EXCHRQUER.—YEsTaiDAT.
Eta Pewo AT Warnsiesruk—lheroas Ma. buts Mural 41,1) •
MMUS= 00111101, JOST.
SMITit v. BTIVIXL—AIIittICIAL WIANCI.II.
This was ma action to recover 601.. fort goods sold and
delivered, sad gouts bargained and told, to which the defers.
dews, atter paying 71. into curt, pleaded that they wore not
indebted beyond that amount, and that they did not promise.
Mr. E. Janus and Mr. Pendia were for the plaintiff, and
Me. Humfrey and Mr Henry Atkinson for the defendants.
The plaintiff is a manufacturer of mineral and animal
theme' at Locasfielde, Walerenh, and in the month of
Mush last he, through a person in his employment as agent
err traveller, uld to the defendants, manure dealers, carrying
on business u tto " City of London Portable Manure Com-
pul." at Digby-street, Bettinal•green, and Clam street,
Mlle-and, 20 tons of " black TOWN," at 21. 10e. per ton, fur
the purpose of mixing with the manure which they prepared.
A small portion only was ne.d by them, when they
discovered, as alleged, that it contained only a very
small portion of the krtilising matter outained in
animal and mineral charcoal. Toe defend4nts, therefore,
intimated that they were willing to pay far the portion used,
but declined either to take the remainder or to pay for it,
on the ground that plaintiff had miarepremated the
quality of the article he had for sale. For the plaintiff, who
now sought to recover the whole moult, it was urged that
there was no misrepresentation, as it was generally knows
and understood that " black refuse " was composted of small
coal dear. _

The defendants' cue wee that the plaintiff bad repro:need
the matter to be the reran of animal and mineral charcoal,
whereas it only eanalated of small coal. Several witnesses
were called, who deposed that the stuff was devoid of fer-
tilising qualities. o.te of them gave the following as the
result of his anal*, : Volatile matter and water, 64.7 per
cent.; carboaaaione matter, 16.4; sulphate of lime, or
gypsum, 7.6 ; oxide of iron, 4 5 ;:hydro chloride of potassium
and sodium', 0.2 ; allies, 16.2; and phosphatic acid, 1.4.
it,. Bums Martin, la slamming op, left it to the jury to
ell whigla the lona which had ben proved w )9 pal