The Express.
London, England, 1853-12-05 00:00:00

quality that could he supplied, and there was en doubt that
the defendants intended to do what was rigt t. She went
to Lisboa, having got into a icrane in consequence of water
gaining in at her port ; and sisty passengers left her
there. cly she got to Australis, and abe had a
gri &ter quantity of provisions than was wanted, in copse-
qusuce of hieing lost sixty of her passengers.
The plaintiff said, "we fell abort," and the defendants
said " that was because we were nearly twice as long going
from Melbourne to the Cape as we ought to have been."
As to the quality, they would sly whether they believed
tee quality to be bad, end this they;must look at in a rea-
seeable manner. He should be sorry to ship the Court of
Aldermen in the best ship going, upon the terms that they
were to have all that they considered requisite; fir among
them would be what they could not eanect en ship-board,
throe ter four kinds of turtle and champagne. (A laugh.)
A pima must go on board with reasonable food-teeth, and
with an appetite reasonably set. Had the defendants laid
in enough stores for a reasonable voyage, and had the
voyage been made longer by things over which they had
so °nand ? Another breach was that the plaintiff said,
" Eves if you did give me a props r berth and proper cabin,
and kent me well, yet you did not keep your ship nor
your cabin clean, but on the contrary they were in a filthy
and unwholesome state." The best witness upon that part
of the case was Pollard, and it was strange that he had
weer been asks d a question upon that subject.
Mr. Serjaant Byles said it was ao omission, but he begged
that his lordship would now ask Pollard about it.
Pollard was recalled, and states! that he cleaned the ca-
bin twice a week. The boy cleaned the bunks, although
but seldom, for they would not let him do it often.
The Chief Justice.—The plainttf complains that he was
actually placed as• third elate passenger, and that there
were a considerable number of Passengers more than
should have occupied the space ; upwards of fifty being
where only thirty should have been ; that the dining ta-
bled were occupied by those who hod no berths, and they
slept on them during the whole voyage. They hail heard
the evidence upon all these points, and that evidence they
would weigh carefully and without bias, and would say
what their verdict was.

The jury considered the matter in the boa for a few
minutes, and thee expressed their wish to retire.
The ogicer was accordingly sworn in the mud terms to
keep the jury in " mime private and convenient place with-
out meat, drink, or bring, candle-light excepted."
The Foreman hoped his lordship would pard n his pre-
sumption, but as he had spoken about law reform io the
course of this case, it was to be hoped that he would use his
istluence to get repealed the barbarous enactment that di-
rected juries to be locked up without food, so that they
might be starved into a verdict.
The Chief Justice said he had done something upon the
matter. lie was the bead of the Law Reform Commie/ion,
and they had recommended to her Majesty that the matter
spoken of should be altered, and a bill had been prepared
open the subject.
The Foreman—The practice was unworthy of the coun-
try at this time of day.
Th, Chief Justice—Ton must allow some time for con-
sideration of the subject.
The Foreman—Yes, bet there is no necessity to starve us
into a verdict in the meantime.

The jury then retired.
Mr. Serif- Bytes said, that in the absence of the jury he
would repeat the offer which he had made. He would take
his chance of what the verdict might be in this case, and
would agree that the same verdict should be entered in
each of the other eases. If there were damages, the plain-
tiffs would get them sooner by this arrangement, and every
body would gain but the lawyers.
The Chief Justice—There were two cases in which man
and wife sued,
Mr. Sesjeant Byles—There should have been double da-
mages. The woman should be treated as one of the other
Na.

The Chief Juatice—Mr. Chambers, you can't object to
that.

Mr. Chambers—l ant sorry to say that, not being in the
meret of the jury boa, I am not at liberty to accept it.
Mr. Serjesnt Byles—l shall advise my clients immedi-
ately to take out a summons to try the other cases by special
juries.
Mr. Chambers—That is a new view—that is a mere clap-
trap.
The Chief Justice—Oh, no, there is a, clap-trap; thejury
have gone.
Mr. Chambers—lt is clap-trap for the public, my lord.
Mr. Serjeant Byles—They have decided long ago, and in
your favour.
The jury having been absent for about a quarter of an
hour, now came into court, and found a verdict for the
plaintiff—Damages, 702
Err. Serino% Bytes applied for a stay of execution.
The Chief Jostle* did not think that the damages were
at all excessive, and, therefore, he should not stay execution.
The other actions ought to be settled on the same terms.
Mr Sergeant Byles objected to that.
Mr. Chambers thought i: best not to say anything about
the matter in public.
The Chief Justice suggested that he might be allows.: to
say what the damages should be in each case.
Mr. Chambers—Certainly.
Mr. Suit. Byles also assented that the whole eleven
actions should be settled in this way.
The Chief Justice said be should decide the matter at
once. The cases were all alike except two, and in those
two man and wife were plaintiffs. In each of the ordinary
eases the verdict would be for 501. ; and as to the married
couples, they had had better sleeping accommodation than
the other passengers, so the amount of damages would not
be double, but would be 70/. for man and wife.
In the seven causes which were entered on the cause list
the jury were then sworn, and returned verdicts in ac-
cordance with this decision, viz. Morgan and wits 702,
Dighton 501, Westbrook 50/., %Vheatley and wife 701., Lax
502, Page 502, Evans SOI.
Mr. Serjt. Byles said the verdicts in the whole eleven
actions would amount to 6101., considerably more than the
company had received for the passage money of these per-
sons; so that they had carried them safely 12,000 miles for
nothing, and had given them money besides.

COURT OF EXCHEQUER-SATURDAY.
SITTIPOII AT PM PATTI AT WEITMINTTA It. - AMIE TLC GOLD
CIIIZT LUPIN AND !TWAT. J1:111111.
MOORWOODC. TCPFER.-rATENT CASE.

Tbts was an action for the alleged infringement of a patent
for coating iron articles with zinc. It appeared that by the
old process the mode of immersing the iron in the molten
sine was very imperfect, a portion of the article passing only
through the flux and not receiving the necessary coating of
zinc. The plaintiff's invention con,i,ted chiefly in the use
of a bar and rollers, the effect of the use of either of which
was to submerge the whole of the iron sheet or other article
in the liquid sine, and this method, it was alleged, the de-
fendant had elan adopted. The case lasted the whole of the
day, but the details were of no public interest.
hid. F. Thesiger, Sir F. Kelly, Mr. Orove, and Mr. Jones
appeared for the plaintiff ; and the Attorney-0e 1, Mr.
Bramwell, and Mr. Willes for the defendant.
' The nue, at the rising of the court, was adjourned until
Monday.

INSOLVENT DEBTORS' COURT.-SATIIIDAT.
IX RI 101111 T K. WAIIIIII. , Tai ACTRItaII,

This ineolveat, the husband of Mrs. Warner, the settees,
applied under the Protection Act. Mr. Ernest Reed
opposed for Mr. Jones, a house decorator, sad Mr. Cooke
supported.
The case es it proceeded created a good deal of sympathy,
end the conclusion was very affecting. The complaint was
that a debt had bean either contracted by false pretences or
without reasonable expectations of payment with Mr.
Jones. It appeared that in August, 1851, Mr. Jones was
employed to repair the house in Euston-place. New-road,
where the insolvent had resided for years. The bill was
761., and be was to be paid at Christmas. In that year
Mrs. Warner went to America, where the was suacessfal,
and Mr. W went to her on account of her illness. In
1852 she returned to England to have • painful operation
performed. She afterwards returned to America, and in
consequence of her state of health came home in June last,
and was now lying in a very dangerous state. The in-
solvent in alluding to her state said ' she is dying." His
debts were about 1,0001., and were balances of account,
having dealt with years with the same tradesmen. His
furniture bad been valued by the court, and Mr. Phelps
had paid 1471. into court for the creditors, in order to save
the furniture for the family. The earnings of Mrs. Warner
were in 18.31 9001., and in 1852 5001., and is the early part
of this year 2301., arising from her state of health. His
expectation to pay his creditors were from his wire's in-
come. A Ned bad been raised for Mrs. Warner and her
children. Her Majesty, Miss Burdett Courts, Mr.
31acready and others had subscribed to the fund.
Mr. Cooke said he believed it was necessary that Mrs.
Warner should have carriage ailing.
The insolvent said it was.

Mr. Coots—And it
The insolvent said her Majesty. In answer to further
questions, he said he fully expected, when he employed Mr.
Jones and contracted his other debts, that he should have
paid them out of Mrs. Warner's earnings.
Mr. Reed submitted that the debt with Mr. Jones had
been contracted without reasonable expectations of pay-
ment, and that it was not a case, notwithstanding the sym-
pathy which had been created, for the court to grant pro-
tection.

iiii7booke. in his reply, was MI, etcd to tears. The insol-
vent had every expectation that by his wife's exertions he
should have paid all his debts, and but for her illness he
would have done so. TM learned counsel, in alluding to
her sad condition at the present time, was unable to pro-
ceed with his appeal. Twice he essayed to go on, but his
sensibility overcame his utterance, and he sat (loon. There
was scarcely a person in court unmoved by the cane which
presented itself.
Mr. Commissioner Phillips relieved the learned counsel

byiiiialite seed not further distress pelf, asiiresseded
to express his opinion on the case. It was a very painful
ease for Mrs. Warner, highly distinguished in kw Proles-
sion, to be obliged through her husband to appeal to the
court, for it was clear that but for her illness there would
have been no occasion, for the pietent application. The
evidence showed how greatly she was respected. Her
Majesty had subscribed to her relief and provided her with
a carriage, and Miss Burdett Coutts had rendered her
assistance—a lady whose name was to be found in every
charity, and against her wish he had no doubt it wa., that
such things were known. There was not the least pretence
for false pretences, and the only point relied upon was that
there were no reasonable expectations of payment. He
had gone through the schedule and found no extravagant
debts. How could be then say, with Mrs. Warner's income,
had Providence continued her health, that the debts would
not hare been paid, or why should he embitter her dying
hours by refusing protection. A day would be aimed
thirster* for the WA oast.