The Express.
London, England, 1848-12-22 00:00:00

THE EXPRESS, FRIDAY EVENING, DECEMBER 22, 1848.

Prostor,vantid kb fillowselp, and Mr. Fyne dkd le April,
1867. Two mhos wen Own dolled hams a for. Paris
la April, sad a Mr. Moghbo Is 010011 M 1847. Mr. Hop-
Ides media' to dam% wain. sad lie. Partin also bs-
sem a domes la Jemmy lot, wbss M. Reptiles took
pion% Odin t is that the amber of thin eland follows
was soh aingion his Noventrw, 1848, whin Mr.
Proem nosesedllis fallimildp, to Jenny, 1848, shore wen
as
rams pods& of the latesmal any two fellows la hely
snare. TM mom and fellows win of °Moen skit, as
ski peddeser hod not intern late holy orders, is
mho anal sp•thens," sad hied rho nine, that ossarred in
tles *dial fellowships, he had hrfoltod his fellowship, ae
oardios to the steaks of the wasp ; sad, snag on that
, they rejected his vote as • fallow at a meting
Wirtiosnibar 1347, ko The pan-
demic is • member of onesitir trlane: of aeon
Mt is denims .4 haltikai kis fallowthip. Ord be
oratiods that ke is omens to it. The MOM was
ssld to be of so missal, moths, both ponies Mkt Is their
Chem
of thorniness, mod didnis Mae
tViCI Cimoodier's of of them hr their
for this Men It was sinned that the petitioner
the insolansmsts of his fellowship during Ins
tins that there were only two slang fellows, het tor in it
was entombed that it was *sly a temporary @implosion of
smolnaists 'sly, and was pat as sod to whom tho number
of Ansel Minn bonne *oda notplets.
Thanes In the pedants, was very ably put by Mr. Cow.
Um of the sonniamin bar, Rai by Me. /Glum The
to of Mr. Bothell aid Mr. Tenn* far the neon
oai
him el ths isilleje. were also Mgeslows amd powerml.
Vining loomolothed of Ms Leda test of lho Mann par-
=lho mes she dome oldnotsdoeses shoo h the
osomsd4 ind simmer sahebs of the Mods of
sod Mims is the university, were road, to
ahocian pionalog opinion, sad also the mop of the flt.
Cathodes's Hal is menet to the hhowddp.
The Lord Chomallor, at the soodmies of the arramosts,
desired thM thes aMdavits nimbi ha mot to with the
bosh of the
otoleabs, whisk had bsen already handed to him.
—Jsigisont

Ban the Vice-Clesamilor of Intraid.
Lennaozn v. itenvis—Bisk Fos vas Orson& Pen-
FORMANCI OP • CONTSACT aIISPICITUIO • COLLIIST.—
This suit was Mahout* for the mails prrforsance of an
esteems* for the prams of attain shares is • solliery.
It amend thin to 1131 • lease was skids* by two per
curd Thome Browse asd Bebe* Arthur Pits
Kassel*, frees Lady Newbargb, of arum coal
reships, Nara et Amble, is the sonny of Northumber-
land, tar the rem of 42 leen, sublet* to venous coaditioas
thesis speelask and the Moms wen to have full right of
werlemrs- hem the selliseise ever Ike adjoining lands to the
befewsr of Weidman* The two lessees subsequently en.
tend nle an ele with the defendants, amongst whom
wen Thomas Panels Kills, the Berl of Newburgh.
Sir Haag WOW . llillienea, Sir John Boma, and
Themes lassie Newsy, he the sale to them of shams is the
colliery, essh this. asecauties to 4,0001., and by the
egrienamet it was provided that • good marketable
tale should be sheers hy the two lessees te the said term of
42 years, sad the see= of coal thereby demised, and also to
the WS3.I•IIMIS INSitillied is the hoes. It was also agreed
that the woks upenthe 'Wades should be amipieted within
a stipulated dim, se that fifty thousand *ale= of coals
might he raised in the year ; lad the leases were to pro-
cure mai impreamesste, to be effected et the harbour of
Warkmerthe is is to enable the coal to be shipped.
otter
meadow were Wend into for the taking presseelee h
lai,within
the tern of four years or sower, I. cue the
*the ebareholders should drain to do ire. All the
with the exception of the two first defendants,
Smith sad • , bad consented to fulfil the contract entered
ate with the lame* of the colliery ; but, Smith and Mills
hung objected to do so this wit was instituted by the re.
geonestatives of the ea,
for the purpose of compelling
eralsperformato of the coatract. An immense questity
idlense wee produced on both side', frees 'Mak 'ppm,*
dal the Whist eNmtins by_ the defends*, te hiffiling the
mina was, that Lady If had no rawer to grant
dm wog-leaves enimanicaties with the Nebwrthat tie
wain et the sellievies had net been potholed within the
doe egmask ad list the impemmente is the Meteor, at
Weeltaleth, lied set bees eempleeed sierwileg te the terms
M the entreat. It appeared that em** either et law had
Miss Mose* respecting the way leaves, end upon each
useng%:2ll,
actions the right of Lady Newburgh had ban 'ved,
but
the lames, to obviate this d.floulep, lei Mame
from the onions of the adjoining Led, be them the
meseary wisy-leaves at a stipulated sea% sad smashed
that is this respea they hid fulfilled the ti am the agree.
nest, or at any rate that the doh chats wall skim no
mere than oemparastion fur any *stew of ',pease is car-
=the coal to the harbour. It wee also cos
by the defendants, that the works men-
domed is the entrant not haring been completed within
the moil* time they could nut be compelled to perform
the eetorses. This was answered by the lessees, who Mimed
,this M • issetinaif the shareholders the majority bad cle-
aned _ upon possession of the coUnnee ; that
the &eines ife majority would bind the mino-
rity, and the minor ty could not now be allowed
to object. The arguments is the cam, which have
occupied the court tor several dap, are now concluded.
The Tice Chancellor km mere, d his judgetemS

Wan ViersChanceer knight Braes.
EN NORTH OF ENGLAND JOINT Bret COMPANY.— I
JOINT STOCK COMPANIIIII. WIXOM) ACT.—A widow ,
.onset Beads, erected 66 shares in the Noel of England
Joinhaleek Basking Compaay to be purebred with money ;
belasseng to tier, for • greadson, named Thomas Searles.
the , then and still en infant, es • gift to blot. The
father of the infant accordingly purchased the shares in the ,
inisat's name, on which ..amore the usual declaration wee ;
meet that the purchaser wee of age; afterwards the father
11.1•11•114 a deed made between himself, the public officer,
and the managing directors of the company, reciting that, ,
it thee, the prom in whose name dm shame were purct red
wee aft of age, and that the purchase was made in ignorance
of the declaration being required that the purchaser was of
ofie, and contaioing •venant cm the part of the father to I
perform the covenants tithe deed of settlement of the cos-
pany, and that the son should enemas the deed when of sge.
The sees of the company were in the course of being
wound up under the Joist-stock Companies' Winding
up Act, Wore Mester Ferrer, who had iaelnded the tether
*moo' the " contributories " to the company.—Mr. Russell
and Mr. Muddy, oo behalf of the father, now moved that
this decision of the master might be reversed.—The Viee-
Chancellor, without hesriag Mr. Bacon, Mr. Lloyd. and Mr.
Headlam, who appeared to oppose the motion, said that it
was mummery to decide how the ease would have stood if
the infant had now attained 21, or if the company had not
been dissolved, or its allure wound up under the et ; but,
under the actual circumetancee of the ewe, his Honour
thought the Master had arrived at a correct conclusion.
ATTOIIIIIT.GINIRAL O. MUNRO.—SCOTCH
RAMO and Mr. Little, for the plaintiff, applied for the
delivery up of the keys of the Scotch church in St. Peter's
square, Meelester.—Mr. Selwyn, for the defendanta, said
them was a debt open the chapel, which ought to be pro.
sided for.—An order was made, by erreagement, that the
keys should be delivered to Mr. Shepherd, for the purpose of
divine service, he uneertaklng to re-deliver them on Jan.
16, alder the court should otherwise direct. The rest of the
petition to stand over.
En FAITS RYLAND& KZ CROUDRON. —Bercattre's
Conn.—Mr. Do On fee the pritionon, said • question had
arisen is drawing up the orders in this ease, as to whither •
bankrupt *hides was entitled to his costs on • petition to
remove him and to appoint new trustees; the petition esta.
Wishing a clear breach 01 trust and seeking to prove ia re-
spect of it. There were cases in which the bankrupt trustee
bad been allowed hie costs, but in none of them had he com-
mitted a breach of trust. Mr. Bacon fur the banktopt con-
tended that, as the ptition sought • conveyer* from the
bankrupt, his sods should be ped.—The Vice• Chancellor
mid that 400. would he quite enough to allow under the eir-
camitasses, to the bankrupt, who was a solicitor, and did not
mere legal advise upon the petition.
En P•iTIMSTIIII as Matsu.—Peerszuntr.—Aceow
MODATION BILL—Mr. Simonton was for the petition, which
oomplathed ed the *solo& of a proof, tendered against the
joint estate, in reap ct of en aseramodatios bill.—Mr. Hu*
sell and Kr. Aspland for the reepondente, Meted that one
wild not bind the Ina upon such a security.—Ths
Vi'LerChencollor said it was shrew that the point had never
bra decided, but upon amend principles he thought the
—sot must be admitted.

COURT OP QUW4'S BIRCH —YLTInDJ T.
Not Puss at Ouildletli.-11Whee Lord Duman and a Cosmos Jury.
donanast o. &ALMON* Arts ANOTIIIII —AsaiLuLv.—
Kr. Cockburn, 40., tai Kr. Pennine, appeared fur the
plaintiff: and Kr. Smslnat She* reptereented CU defendants.
—Mr. Cockburn, is sagies the we to the jury, said that
this was as auks bag& by an early Wawa gentleman
=t the &Weft lb nearer componsatiom in damages
assault wilts they bed committed upon bin. The
etff had radial ler upwards of 30 years is this country,
married as Begligh body, and obtained his livelihood
by tanobbig his native language. He was also the French
telidemelif 61 the Western Literary Institution, is Leiceeter-
slannt sod be lived in Bastbournetarrace, Sussex-
Hytheperk. In the month of March,
rat.; puma year, the second defeadut es
gteugeeg, a Mr. Mont., became a partial boarder ia the
'NOM bare. Mr. Monist was to lodge in the house, and
te Woe Ms breakfast and tea there, fee which ha agreed to
pay Wes Ism of 401. a year. The dehmilamt, Kr. Spalding,
was able • boarder in the plaintiff's house, ba
paid Ssiaar annum for the smoramodation be re-
afffieff. afro Mr. (Remits had bees he the plaintiff's bum
tine sewer bie bill was presented ;to him, but he not being
then in a eundition to pay it, as a matter of convenience to
him it was allowed to stand over for another month. At
the nibbles of that time Mr. Slonitz, although he bad
made enmagwyntents on account., was not ready to liquidate
the rehab KM, and Wag very indignant at the plaintiff's
denesies meet, he gays notice to quit. Mr. Braid-
Hoff, Mr. Slonims, who was his Mend, had been
very Ml also gave notice to quit. On the 28th of
August, the day upon which both defendants were going
to leave the plaintiff's bower. Slants had a
diem& w:th him about makingdeds from the
animist of his bill for certain evenings when he had sot had
his tea at home. This the plaintiff refused to de, on the
hound that the defendant, !Nesbit, bad agreed to pay him
401. by the year, and therefore be could net nuke any de-
dications for occuiects when Slesits had themeht fit not to
have tea at horse. Mr. Monies considered hints-Untitled
to have the dud. Otos made, bemuses when his friend Mr.
Spalding. who was employed in the Post-office, had been
absent heft the plaio,iff's home for a month, he had com-
posted to make an allowance for that time. Mr. Biotite be-
come very angry on the !venal of the plaiatiff to comply
with his request, used bad language, and on the plaintiff
Iberian the parlour he was very violent to his wife, sad said
if she were • man be wou'd ki.nck her down. Mr. r-lonits
then left the parlour far th. peeps* of going up stairs, and

at the taw time the pialatiff was she weeding
the stars, upon which die town palms= celled I
to Mr. Spastic'', who was up stain, to mine
dews lawsliatel , whiffs he amordingly did. Mr.
lipelling what the distartenee was shout, mad
aim Gm plehniteat bits it wee so beanies of his, upon
will* le *u* Mr. Godeburt a violent blow on the named
lowbed Wee hadnsemis.lir.likesite,atthe wee tinse,laying
hell of the *Miff by the 'Aar. Mrs. Goiebert
IMO eat of the purism awl separated bee Itsabaad from the
deleadarla. floats% of the blow was that the plata.
tea' aad was obliged to rennin is dome tor
tea digs. • tasala was Wad la, but ao sharps was
wade, mei ttie deffswinnta, after both paying their bills, let
the bows together. The Oiled/ did awe pretend that be
had resolved soy esrleasia,hay, but he aosaplaasdef the great
indignity to watt ho had bees subjetted, and
that the de
posit on endants, both of whom wire la a
respectable ia life, the one bolsi Ile
the post-ollor, and the other a teacher of Gersten,
had not offered the sbghteet apology for their coeds t.—ls
support of the plaktirs ame, kle nephew, Edmund Bray, a
lad about 14 years of age, was the Brat witness called, he
=the facts connected with the vault ea stand by Mr.
urn in his opening speech; and also that Mr. Spa-
ding, before he struck the plaintiff, said to him, " D— you,
I will kick you out of your boom.' nest itItEtTI called
wee BOUM Green, a servant, who was in the plaintiffs NU
vice at the time when the weal in question was committed,
and she proved that she was up at the top of the house when
the moult took place, and she did not see the blow struck,
although she saw the plaintiff and the defendants on the
staircase, but she afterwards heard Mfg. Gout:tart say
to Mr. Spalding, 't A fine eye you have iven
Mr.G.ttlebert." Upon which he replied, "He would note have
had it happen for a thousand pounds."—Mr. Serjeant Shoe,
on behalf of the defendants, said that if two young men like
Isis cheats had been guilty of the assault alleged against
them, he would not attempt to justify their conduct ; but the
defence he was inatructed to offer was, that Mr. Godebert,
being very anery, was endeavouring to plat Mr. Spalding
over the banisters, and that all that occurred waa that lir.
Shouts merely laid hold of him by the collar to pull bin of
from Mr. tipaidieg.—Lord Denman then seamed up, and
said the dermas% had not called any eviler@ *wove their
defence, end that a great indignity sad Weak bad been
offered to the Mastiff. There was no reason Is doubt that
the assault had been committed, became, although the
nephew of the the whams Bray, might he Malaga
rather to fawn his aerie's ease, there wee as moo to be-
lieve he had sat wawa the tealk.—The jury
_imasilately
returned a wild he the plahallre-tistssies 201.

COURT OF EXCHEQUER.—Yarriusex.
trio Puss.—Refers Sir Y. Pollock C. 8., and a Loathes Opeelal AV/.
OILLALD V TIM LA/CA/HIM AND YOWL/AIMS RAIL•
WAY C —FATAL RAILWAY ACCIDINT.—This mane
was part hear.' on Wednesday and resumed yesterday. It
appeared from the opening statement that this scion, which
was under Lord Campbell's Act, was brought to recover
compensation in damages for the death of the plaintire
husband. alleged to have been caused, in Sept. 1847, by the
um and culpable negligence of the defendants. The
plaintiff, who belonged to a respectable family, and was left
an orphan ae an early age, became acquainted with the de-
ceased in 1843, while on a visit with her friends in Devon-
shire. The deceased, who was only 27 years of age, was the
son of a gentleman, also of respectable family and good for-
tune. in that soupy. An attachment sprang up between
the parties, but their merrier was opposed by their respoe.
ties friends, on amount of their issufficieney of means. They
were, however, privately nettled. The deceased was obliged
to become a clerk in the Leeds TeGrapA °Ma at 11. per
week, as his father disapproved of Ins marriage, and re-
fined to make him any allowance. He was a young
gentleman of prepossessing address, and 'such steady de-
meanour that, about the very period the unfortunate
accident occurred, he was to be promoted to a better =ea-
lion with an iaaeased salary. The plaintiff had one child
during the Wetting of her husband, and another since his
death. In consequence of the shock the plaintiff suffered,
her last child was of • very delicate mutinies, subject to
convulsioas, and it was appreheaded its mind was also
affected. The plaintiff herself had suffered so much from
the shock that she was sines incapable of earning the means
of subeisteere, and was entirely dependent upon tlso bounty
of ethers. Oe shellfish of September, 1847, the plaintiff and
her husband were residing at Wakefield. On the morning
of that day he left Wakefield for Manchester, and was re-
turning by the one o'clock septum troth for Leeds, when the
accident °centred. There were seven carriages, being one
more than the usual number in an express train.
The deceased was in the last carriage, a large
one. One of the rules of this company was that
in a train like that one-third of the entire num-
bee of carriages in each train should be what are called
"brake carriages." In fact. that there should be proper
brakes, and that especially the last carriage of each train
should be • brake carriage. In accordance with those rules,
the carriage la which the deceased was seated ought to have
been a brake carriage. In the train in question there were
only two brake*, one in and the other outside. Each should
have been under the control of a guard. It was the duty of
the guard who had the management of the inside brake to
be inside, and of the guard who managed the outside brake
to sit outside. The day upon which thee accident occurred
was very wet and stormy, and the guard who should have
sat °Undo went in. The rails were is such a state from the
weather that particular caution was necessary, and particu-
larly so as at that very period the lin- was being al-
tered. The rails had previously been 68 lbs. weight per
yard, with chain of 28 lbs. weight, and they were being
removed, in order to substitute rails of 82 lbs. weight per
yard, and chair* vet 40 lbs. It would appear by the evidence
of Capt. Symonds, the engin, er officer sent exproril by the
railway commissioners to inquire into the cause of the acci-
dent, that the old rails were not capable of bearing the
weight and Increased velocity duress trains passing over
them; that tha line was irregular in gauge; and that the
rails were in many places bent between the bearings. He
would also prove that the chairs were not securely fixed in
their beds; and such was the condition of the line that •
very considerable methadon and jerking of the carriages must
have been produced. The den and sat with his face to the
erg se in the coupe, or first compartment, of the last Car-
isge.—The Surveyor-General of the Customs (Mr. Weston)
and a Mr. Moon took their places near him. In another
compartment near him were a Mr. Hughes, Captain Ellie,
and hi assistant. When the train left Manchester,
Mr. Moon, who fortunately survived, remarked the oscilla-
tion and jerking movement of the carriages. At Ludden-
den foot redoes, about two miles from the spot where the
accident =erred, it appeared that one of the new rails
which came up within • abort distance, was broken, and the
earls,^e in which the deceased was riding was throws ofi
the line. If there had been • guard in that carriage he
could have communicated with the engine-driver, and the
train might have been at once stopped. Unfortunately,
how ,it wee not a brake carriage, and there was no
guard outside. On peasieg Luddenden foot station, the
train had to pus through a tunnel very near Sowerby-
bridge station. On arriving at the latter station, the state
of things was observed by • parcel buy, who was standing on
the platform, and who motioned to the engine-driver to
slacken his speed. It was impossible to stop the train at once.
The train notwithstanding proceeded. The carriage was
dashed against the platform, and the two last wheels of it were
wrenched off. There wa. unfortunately on the line itself an
ash.pit, into which the carriage was thrown and dragged
out again. After having been dragged from the +=pit, the
train proceeded a few yards, when the deceased, with Mr.
Weston and Mr. Moon, was thrown rut. Mr. Weston was
killed on the spot, and the late Mr. Oillard (one of whose
legs was afterwards found in the =spit). died instanta-
neously. As to damages, the learned ►
counsel observed that
it was impsesible for the jury to estimate the lees which the
plaintiff had satained. Nothing could compensate her for
her bereavement. But all he asked was, that they, as fair,
dispassionate men, would award such compensation as,
under all the circumstances, they thought her entitled to.
Several =themes were cumin= in support of this state-
ment.
After a lengthened discussion between counsel, the
Lord Chief Baron intimated an opinion that the legisla-
ture never intended that cempensauon should be given for
the consolation of • bereaved man or woman who had sus-
' calmed no pecuniary loss whatever ; therefore the damages
ought to be altogether confined to pecuniary lees. If a hus-
band, In consequence of the ices of his wile, was obliged to
employ another person to superintend his household, he had
a right to recover coespensation for that ; but nothing what-
ever unless he suffers some pecuniary loss. The tether of •
child, whose maintenance and education had cost a great
deal of mosey, could not, if the child was killed, recover
compensation in respect of those expenses• otherwise, what
limit weld there be to damages which 'might be sought f
What damages would compensate for the loss of en only
child, the representative of an ancient Emily and large
est etas ?
Mr. Chambers as behalf of the defendants, urged, in his
address to
otahsesittity, that they should, I. estimating the
damages, the *mount of the donna d's weekly
salary, and bow long the plaintiff was likely to be entitled to
• share of that sum. Benda, there was a possibility the
plaintiff would marry again—a circumstance which should
also be taken into cenisiderstios.
The engineer and Inspector of the line proved that the
accident could not be attributed to the state of the rails,
which were at the time in proper condition. o.her witnesses
were also called to support. that opinion.
The Lord Chief Baron, in summing up, told the jury that
the directions he would give them for their guidance, in esti-
mating the thumps, were, that they should take into oonsi-
dared= the fact that the deceased was earning 601. a year.
They were not at liberty to award damages for sentimental
limes sustained either by the plaintiff or her children, nor
could they consider what the cleansed might probably have
been able to earn if now alive. They should only emosider
his actual salary when be was killed. They should then
consider how mush of the pound a week he earned was the
plaintiff's fair dime ; and next, how long, considering the
average duration of life, she was likely to be in receipt of that
portion from the =ceased. The damages should he a fair
compaseatioa for the pecuniary Ices sustained by the
plaindff.
After consulting together about 25 minutes, the jury re-
in tuned • verdict for the plaintiff-damages 7501.
the

ADMIRALTY COURT —YIetTiIDAT.
Delon Dr. LohWm, sided toy the Trinity Masters. OWL nerby
and thaw.
Tau LADY KINIIAWAT.—The whole of this caw has
already .and is our columns. It was for voltage of a
=al freight of aoseiderable value. She had beta
by her crew sad bowled by two Deal& wash,
attar width she fell is with ewe of her Majes's stamen,
the caplais of whisk placed a midshipman arid its seams on
toad, Thew., aided by the Danes, brought her Jaw P:y
mouth harbour, for wh;..11 this wart awarded 1,6001., but it
rest read its judgmaat until this day, to know if it had power
to &cabals this now 7, ea it *lt iWisted to do. by reward
ing those most 'spookily wheried incurred the greatest risk
The judge said the court kit it had power to maim its