The Express.
London, England, 1847-03-24 00:00:00

I merchantable railway bars ; and " the section, which is to
t be any the buyers may require," was to be given on or be-
tree the Ist of liarch, 1846. Soon after the emitoot tore
t made the prim of iron fell considerably, and the defendant
desired a postponement of the time fir completing the.oon-
tract. The plaintiff would not consent ; and a specification
and a section were sent by the defendant, the former require-
. ing the nib to be made of " the beat malleable iron," to be
, punched with a certain number of holes, and to he subject
to inspection by persons, on behalf of the defendant, 'afore
leaving the plaintiff's works, and to be rejected if disap-
proved by them, and the sections being of *,form that, an the
plaintiff alleged, woull give very goo and unusual trouble
in the manufacture of the rails. The section was on paper,
not in metal, and the principal questions now were, was th,
plaintiff bound under the contract to comply with the spec:idea-
tion, and was the lelivery of a section on paper a com-
pl once with the condition as to a delivery of a section t Oe
these questions a number of ironmasters were examined by
each side, and they ei rtainly differed se much as doctors toe
proverbially said to do,—some saying that a section recent a'
model in metal; other., merely a drawing on payer; some,
that the beet malleable iron meant the quality of iron known
in Staffordshire as No. 3 ; others, merely the beet iron that
was commonly toed in the manufacture of cot rehantehle r.tils ;
some, that the plaintiff was !owed to punch the rid is; ~th'so,
that he was not; some, that it wee impossible for the plaintiff
to comply with the specification others, that it was the
easiest thing in the world ; some, that the specification was
nonsense ; others, that it was a very sensible one ; same, that it
was unreasonable to have the rails subject to the inspection
of persons appointed by the defendant and at the plaintiff a
works; others that it was far more reasonable and teen bet-
ter for the plaintiff to hoe them inspected there than any-
where else; and, finally, some that the plaintiff was clearly
right, and others that he was clearly wrong. There was no
doubt that the plaintiff would have made between 2,0001.
and 3,0001. by the cents act if it had been carried out. The
verdict was for the plaintiff—damages 6001. This was the
last nisi pries case. After it had been disposed of, his lord
ship proceeded to try prisoners, as did also Mr. Serjessit
Taillord. Tomorrow is the enimmission-day for Shrewsbury.
NORFOLK CIRCUIT.—CAMBRIDGE, Wettest 23.
Dour wear.—Before Mr. Justioceolerldge.
A WHIN —LISTINING POLICEMEN.— William Fralteil was
indicted for having set fire to two stacks of wheat, of the
value of 4001. The eeideace was, for the most part, of the
oircumstantial kind usual on such occasions, being • history
of the prisoser's proceedings on the day of the tire, and
thenceforward to his being taken into custody. It presented
aloe the customary account of threatening language used by
the prisoner, and of a comparison of impressions ride by
the shoes of the prisoner with certain footmarks in the
neighbourhood of the stack. The only novelty was, that
when en inspector of police war called to speak about state
meats raid to have been made by the prisoner whilst in his
cell, it turned out that the inspector bad overheard them by
listening at the door of the cell. Mr. Justice Coleridge
therenpos interposed, and said that in this case, at all
events, such evidence might be rejected, bemuse the person
to whom the statements had been made could be called. In
any case, however, he should receive with the greatest r. Inc-
lance, if, indeed, he should not reject, evidence so obtained,
for it was impossible that a jury should not suspect, and per-
haps disbelieve, all the evidence of a person who had descended
to such unworthy means of gaining informs. ion. The in-
spector then urged that he had often been blamed for not
having, on similar occasions, listened to what had been said.
Mr. Justice Coleridge said that if such a course ofprocemling
was suggested to policemen it could no longer be a matter of
wonder that •I 3 ill opinion of them wisentertaiued, and that
their testimony was received sith AUstrust. It must, how.
ever, be obvious to every person of good sense and good feel-
ing, who might be discharging the duties of a policemen,
that such a mode of obtaining evidence against amen a cubed
of crime was most improper. Mr. Naylor, who conducted
the prosecution, deferred to this opinion of the learned judge.
Mr. Metcalfe addressed the jury for the defence. Mr.
Justice Coleridge havtpg summed up with great minute-
, nese, the jury returned a verdict of Guilty, and the prisoner
was sentenced to be transported for ten years.
Tim Souks Ftaas.—Josiah Mamas, was indicted for
having attempted to set fire to u building at Boham. in this
county. This indictment was framed under an set of last
session (9 and 10 Vie., c. 24), by the 7th section of
which an "attempt to pet fie to any building,
vessel or mine, or to any stack or steer, or to
any vegetable produce of such kind, with such
intent, that if the offence ai re complete the offender would
be guilty of felony," and puniehablo with transportation
for life, is made a telony punishable with transportation not
exceeding 15 years, or imprisonment not exceeding two
yeses—Mr. Prendergast and Mr. Tozer were counsel for
the prosecution ; Mr. Naylor conducted the defence. The
evidence was that at 11 at night on the 31st of Dec. last
the prosecutor found in a shed belonging to him, which is
part of a long range of harns and building., a bundle lying
near a hole in the shed close to the street. The bundle seas
, composed of a ragged cotton handkerchief, containing a 500-
box of lucifer matches, many of which were half burnt, and
a large piece of turf half rionsumi el. To connect the prisoner
with this, it was shown that he had bran seen lurking about
the shed at hours when be could not have had any business
there ; that he had purchased a box of locifers resembling
that found ; that on the re. ning betore the daouvery of the
bundle in the shed, he had attempted to borrow a light in
the house of one Mitchell, opposite the shed, where, how-
ever, he lodged ; that he had been heard to say, In reference
to the frequency of fires at &ham, there would be many
mote tires in Stamm, which would not be prosperous till hi
father, who appeared to have been in trouble, should return
and that the handkerchief was one in which clean linen had
been sent to him from Mildenhall by his mother &abort time
before. For the defence, it was contended that the identity
of the handkerchief and of the box of lueifers was not
proved. The jury returned a verdict of Not Gwiky.

WESTERN CIRCUIT.—EXETER, Mekom 22.
C 11,0171( Cot:rt.—Before Mr. Justice Wlllbuns.
POACHING AND MANILLCOHTNII.--Henry Warren, aged
26, was indicted for the wilful murder of Wm. Setter, at
Coombeinteignhead on the 6th Sept. last. Mr. Rowe and
Mr. Cox for the prisecution ; Mr. Stone for the defence.
The deceased wee employed as a watchman against poacher,.
On Saturday night the sth Sept., between eleven and twelve
o'clock, the deceased, with a man named Norman, gardener
to Sir W. Carew, heard the report of a gun. They proceeded
to call Harris, the gamekeeper, and whilst he was preparing
to leave the house two other shots were fired. Harris came
out, and further asditance having been procured, the party
I went into the fields whence the reports appeared to issue.
They also came to an understanding, that should one of
them see any one going towards Newton, he was to call out
" Gate ;" and, if in the opposite direction, the word " Field"
was to be the signal. Wm. Setter and Robert Rendell were
of the party who went towards Blindwell Field, and Harris,
the gamekeeper, with three others, proceeded to a field called
" Stoodley's Break." In the course of • few minutes the
word " Gate" was called by those whom the deceased had
joined, and immediately afterwards • shot was fired. This
shot was thus explained: Harris and his party, on hearing
the: cry of " Gate," ran towards the spot, and when they
a rived at It In-field Break they sew the prisoner with the
deceased and Robert Randall. Rendell had seised the pri-
soner, and desired Barrie to assist him. William Setter, the
deceased, had his hand upon the ' 's head, and ap-
peered to be in pain. Harris asked him, what was the
matter; sad he answered "I am shot," or, "that fellow
hes shot me." Harris, the keeper, asked the prisoner
why he had shot the men ; and he replied, " I have
done it and I am very sorry for it ; I wish the gun had
broken in pieces when first I took it up." This account of
the tranuction was carried somewhat further by the evi-
dence of Robert Rendell, who stated that when he and
Setter arrived at Kiln-field gate, they heard somebody
coming through the hedge. Immediately afterwards the
prisoner approached them, carrying a double-barrelled pal;
and when he was within four paces of the deceased he lifted
his gun to his shoulder. Seeing he was about to fire,
Rendell called out, " You had better not fire ;" but before
he could repeat tiro words, the prisoner discharged one
barrel of his gun at the deceased, and then fired the other
at Rendell. !tendril was not struck, and he immediately
seised the prisoner with his left hand, whilst he held the
gun in his right. A scuffle ensued, and Randall having
placed his gun on the ground, it went off, and the contents
tore up the ground for some distance. The other men hag
by this time come to Rendell's assistance, and the prisoner
having been secured, attention was paid to the deeessed,who
was then growng from pain. It was found that be had
received a wound in the upper pert of the stomach.
On the following afternoon, at two o'clock, he died, end •
oast merlon examination took place, when several shots,
a link of • watch-chain, and a pima of wadding, were found
in his stomach. Mr. Stone addressed the jury for the pri-
soner, and contended that there was not sufficient evidence
to prove that the death of the deemed was caused by the
violence of the prisoner. It was very possible that the de-
ceased had received the wound from the shot which was
fired at Robert Rendell, or from the gun which went off
accidentally. Assuming, however, that the prisoner did fire
at Setter, and that Setter's death was the consequence, there
was no evidence of any malice on the prisoaer's part.
If the keepers had not been armed with guns, doubtless the
man's death would not have ensued. He contended that
the ease was not free from doubt, and that, therefore, the
Meaner was entitled to an acquittaL—Afar Mr. Justice
Williams had summed up, the fury retired, and after an ab-
sence of about half an hour returned into court with a ver-
dict of " Gteifty of manslaughter." Sentence deterred.