The Express.
London, England, 1862-01-17 00:00:00

THE EXPRESS, FRIDAY EVENING, 3ANITARY 17, 1812.

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COURT OF QUilla BENCH.-TAN. 16.

Maw is Beam in Hilary Term.—(Before Lord Ohio
Justin Oackburs, sod Airtime Crompton, Blackburn,
sad Mellor.)
BROWNE AND ANOTREB r. RODS AND ANOTHIR.
Tide action was brought to recover certain stokes at the
=en races, and at the truldnring the laat sittings at
all, before Mr. Justice Blackburn, the plaintiffs were
soarnited.

Nr. Hawkins now moved for a role to set aside the non-
Nab and for a new trial. The pLsintiffe horse, the Mar-
maid, and the defendants', named the Mountebank, ran for
the Stakes. Mountebank came in lint, and Mermaid second,
and after the race it was discovered that the former had
not carried the right we4ht, and the plaintiffs, as owners
of the Mermaid, claimed the stakes. The defendants, Ad-
miral Rous and others, wore the stewards, who bad to de-
cide all disputes, and whoa, decisions were final. The
learned counsel now contended that they were liable for the
stakes, and that the learned judge wee wrong in nousaiting
the plastids.
The Gaut refused tit• role.

BAIL COURT.-JAN. 16.

Sittings at Nisi Prim—Molars Mr. Justice Wightman and
a Common &ay.)
• I.IIIIIIAN V. 11.1/12T.

This waste action brought by the plaintiff to recover the
value of a pianoforte.
Mr. Telford Salter and Mr. Kelley were counsel for the
plaintiff ; Mr. ltobinsou for the defendant.
It appeared from the evidence of the plaintiff that he wu
• pianoforte manufacturer, and the defendant was a tailor at
Peckham. He had lent a person named Herrin, who taught
music, and formerly resided sear Peckham, • pianoforte,
valued at 145 guineas, ea him, who left his lodgings without
returning the instrument. Upos hearing that, the plaintiff
went down to where Hint. formerly lived, and found that
the piano had been taken to the defendant's. He aceord-
'ugly went there, and the defendant then alleged that he had
advanced money upon it, and would not give it up without
he was paid the sum of 801. The plaintiff refused to pay it,
and brought the present action.
For the defence evidence was called for the purpose of
showing that the plaintiff claimed more than the value of
the piano, and that the defendant had advanced tin sum of
SOL upon it.
In the course of the defence the jury said they were
agreed, and pre a verdict fur the plaintiff—damages
1121 f. for the value of the piano, and in. for the detentioo,
saying that it was a disgraceful case.

.1/MAACK A. sierra . —TUC WILD BLOTS AT CR2IIOIIII
DAKDAN/1.

This wee an action brought by the plaintiff, who is •
Savior", aping the defendant, Mr. E. T. Smith, th• pro-
pnetar of Cresocene-prdnis, to recover compensation for a
breach of agreement.
Mr. W. Kenn and Mr. Philbrick were counsel for the
plaintiff ; Mr. Hawkins, Q.C., and Mr. Henry James for
the defeedank. _ . .

Yr. Keane having opened the plaintiff's cue, called the
following witoseme.
Merles lasirsek, the plaintiff, said he was a dealer
in wild beasts. In Jane Lot he went to Paris, and put.
eland a reileeprie for 8001. At that time Mr. Simpson
WM CA*. fit 011111110111101111141181. and he eugaged wit-
Pie trios Ye eineets to the ',Edens, where it was
widmegessikr tan an pieced we She river esplanade.
The hess weed to accept as rentemmation half the sum
taanal ties parties visiting the and mord-
giesinds .tmeist& wee placed on the Lades to the
liasesilbst to his (the Ali ps., la
hai to help the besets and their atteadaeies wi3sl mei him
lam 141. be 141. a month. Ile condoled le giblet the
liras to the led of August upon these Isms. when the
rieileferies Mean proprietor of the spirdess. Dor*
lstster pet et sera the SIM& Illierlia made van-
one reeats ea the Wm rem lei is see of ewe occasions
the nisseasesest was that she would pathless her feat at
Ala* bet she did not do se before 7 /Week. During
this time then was a rush to the mew* end there
new eis may' people that the turnstile was useless,
eml lie defendant opened the gate, and allowed them
to =kW. The defendant took the mow himself. Witness
spoke to the , and said as be had been a laser oa
previous occasions, beexpected to be a plow on that occa-
sion. The manager told him that be would receive so more
than he had on previous occasions, and if be did not choose
take it, he had better lake the beasts away. A few days
after be received *communication from the defendant, in

ormesgusews of whisk he removed his meartnerle, nide.
fending eared him 121. as Ira the messy tams on the day
in gassites, which witness refused to swept, end brought
the must action. No agreement was Mired into between
Itimeekt and the defendant contrary to that which he had
esterad into with Mr. Simpson, which was for the 11840011.
Nothiag materLd mane out in the witness's cromexarainm
Jinn, and
This was the plaintiff's case.
For the Mince, Jiunes Ellis wris called, and said he made
the arnopment with the plaintiff for Mr. Simpson. There
was no time specified betweeu them, because the plaintiff
said he meld not bind himself to time, as he might, perhaps,
sell the beasts in the following week.
Mr. E. T. Smith said be was the defendant. On the 3rd
of July last he entered into possession of Cremorne.
gardens. In the following mouth he sent for the plaintiff,
and told him that, as the receipts were so smell, he should
not continue the exhibition of the beasts. end told the
' plaintiff that he must remove them in a week.
Mr. Corbyn said he was the manager of the gardens for
Mr. Smith. lie pee cos of the plaintiff's men notice that
le must take the beasts away, or else he must be content
with the eyecup tionyns.
Other winsome were called to support the defendant's
ISM

The learned counsel having addressed the jury for their
respective clients,
The learned judge summed up, and
The pm. returned a verdict for the plaintiff—damages,
161. As. Id.
The wood Court of Queen's Bench will not elk at Guild-
hall as Saturday.

COURT OF COMMON PLEA& —.3 AN. 16.
Bitting in Baawn—(Before Lord Chief Jerrie, Erie, and
Judie 's William. Wilke, and Keetungl
The matters which same before the court to-day were de.
void of public interest

Sittings at Niel Frius is Iliddlesex.—(Before Mr. Justin
Byes sod a oommou jury.)

11121Dif T. LANZIW AN. --2RETSTAX.4.

The plaiatirs cam warn that she had been a confidential
friend of Km. Lenerpm, • lady of rank, and upon the mar-
riage of that lady in 1857 she took a house for the plaintiff
in Oxford-terrace, Hyde-park. and gave her 200/. or 1001.
worth of furniture, to enable her to let lodgings. Ou the
31st Oct., 1819, Yr. Lampe went to the house with his
solicitor mid two constables, said that everything there was
hie, and ordered the plaiutiff out, and on her objecting to
go some man were called in and she was expelled by form.
AI this USW she had in the house 70/. or 80/. worth of for-
altars, sad wearing apparel worth 201. more, and this pro-
perty she lad last.
Mr. D. Keane arid Mr. Philbrick appeared for the plain-
tiff, bet there was no person in attendance far the de-
Umlaut.

The jsry gave a verdict for the plaintiff—damages 901
and it was arranged that the verdict should be reduced to
40.. upon the peeped), being given up.
COURT OF EXCHEQUER.—JAN. 16.
. _ . _

Bitting in Banco.—(Before the L;ril Chief Baron, and Barons
Ilartaa, Clans*ll, and Wilds.)

CROFT F. IffiVllllB.--.RlFlA_voLorizzu.

This wan an atlion for before Mr. Justice
Wightman at the summer mires for Surrey, when the de-
fendant pleaded not guilty and • justification.
The plaintiff in the action, Dr. Croft, resided at Mande-
rim-villas. St. John's-wood, end was captain commandant of
the Ist Middlesex Artillery Volunteer corps, in which the
defendant, • retired major of the Madras Cavalry, was ad.
jutaot. A letter purporting to have been written by the
defendant was received by Messrs. Richards sad Co.,
directing them to send to the headquarters of the corps,
No. 3, Hanover-square, • target of the government pattern.
They did so, hut the order was repudiated lie the defendant,
on the ground that the letter ordering the target woe
not in his handwriting, but fictitious, and that the
writing was in the handwriting of the plaintiff. On this
' en octane for libel was brought, when the jury returned •
verdict that there mono malice on the part of the defendant,
and for the plaintiff with respect to the handwriting for sh,
leave being reserved by the learned judge to set aside the
verdict and to enter • sunsuit, on the ground that the com-
munication wee privileged.
Mr. Serjeent Sheea moved accordingly last term, and oh-
; tabled • rule nisi which he now inured to make absolute.
In tie course of his argument
Mr. Baron Wilde observed that the defendant in his
letter to Messrs. Richards bad made no charge against the
plaintiff. It was very doubtful whether it was a libel at
all, and then the other quarcee, wan it, if so, pri-
vileged, and then wan the true!
The court said the rule he made absolute, when
Mr. Hawkins, who had taw 'peaking in the Queen's
. Beach, came into court and showed cause. He said that no
I doubt the cone had been greatly annoyed. All sorts of
' orders had been given.
The Lord Chid Baron—What kind of orders! - -

Mr. lia;klOslifeil, my lord, there were orders for
*uses, and irk perembrilatora, and for mite, and they all
attended, but the dogs which were ordered did not com
perhaps from an iostinct of a little matter which had
marred le one of their race at Wimbledon. (Great
hneghter.)
The Lord Chief Baron then said that the court adhered
to their forms opinion, and made the rule absolute.
-

COLTATSOF BANKRUPTCY.—JAN. 1&
Wore Mr. Connakikiter Enna.)
134. GADIIIIT—rII.CIIAI.II-7491N.TAVIE1.

Tie iatibd44:iiiirirdolatiial-Fer,laielylceeTiieg the
atalk-tern Tares, Orr= Town, applied to per hie us-
=sod fad as need diaries*. The r
by the eseeser d Mem& Hews air Drier,
erred I. between 3001.. d 4001. ;
TM vein me pared empmeed.

CI AL PALLE& - ONE SWUM DEL
TINENDAT,
nom JEN. 1
16.—.116liebos aitymel. 3.419 ;
&Mir by ,913-9461.