The Express.
London, England, 1851-07-03 00:00:00

COURT OF QUEEN'S BENCH.—YEsTrAwAY.
%MM.& at Gciuw•u..—b.furr UMW CANPULL ANY & &MIA&
PI urx O. lIASSELL.

This was an action to recover damages for a breach of the
agreement after stated.
The circumstances of the cage were as follows : The plain- ,
tiff was the London agent of one Benham, a rig manufae-
turer of Hull, who was largely indebted to the defendant.
In February, 1850, Benham married a Miss Oruby ; but it
becoming sshhoortly afterwards known that he hail already a
wife and children in London, he absconded, taking with
him a sum of I,Bool.which he had lately borrowed from the de- I
fendant Hassell. Pullen, the plaintiff, thereupon tendered '
his services to the defendant to assist in tracing the fugitive,
sad if pmsible recovering the money that he had taken with
him; and in pursuit of this object he visited Portsmouth,
Southampton, the Isle of Wight, and finally Liverpool,
communicating with the police at these places. At Liver-
pout traces were found of two persons travelling as Mr.
and Mrs. Ryder, whose description tallied remarkably
with those of Benhami and Mies Oruby (who had accompanied
him in his Night), and who, it appeared, had proceeded td
the United States by the steamer. Thus much having been
msertained, the agreement which formed the subject of the
rit action was entered into between the defendant and
pisiatiff on the sth of March, 1850, by which it was
ewe& that 'Pollen should give up to Hansen all the stock
Mire& is the London house, introduce him to the cus-
IMMO% sad empower him to recover all debts due to Ben-
hams eadlubsold himself proceed to New York and use his
but seasalware to apprehend Benham, and recover the
Mem he hod autied off: in consideration of which Has-
sell agreed to pay all Pullen's expenses, and to take him
into his service as agent for three years, at a salary of 500/.
a-year. Pullen proceeded to New York accordingly, and
succeeded in catching " Mr. and Mrs. ltyder at their
tea ; but unfortunately this Mr. and Mrs. Ryder were not
the pair he was in search of; and it becoming evident that
he had been on a false scent throughout, he returned to
England. Meanwhile, however, information was obtained
that Benham hail escaped to Malta by the steamer from
Southampton : he was traced there, and thence to Tunis, by
a Mr. Roberts, on behalf of Hassell, and was found at a
day's journey from the latter place, and induced to give
up a large part of the money he had absconded with. On
Pullen subsequently applying to Hassell to take him into
his employ according to the agreement, the latter said
that from circumstances which had come to his know.
ledge he declined to have anything further to do with the
plaintiff.
The defence war, that the plaintiff had induced the de-
fendant to enter into the agreement in question by fraudu-
lent misrepresentations: and that he had not, in fact, used
his best endeavours to trace and apprehend the fugitive.
Benham. It was alleged that at the time of Benham's
second marriage with Miss Oruby, the plaintiff was cogni-
sant of his being already • married man, but that be not
only suppressed that knowledge, but gave material assist-
ance in forwarding the second marriage, with the deliberate
intention of leading thereby to the ruin sod flight of his
employer, and supplanting 'him in his business: and it was
also alleged that he was well aware, from the information
he received while at Southampton, that Benham had in fact
gone to Malta, and that the voyage made to New York was
only a blind, it suiting his purpose better that Benham
should disappear for ever than that he should be discovered
and brought to justice. In support of these allegations a
great deal of evidence was gone into, and several letters
of the plaintiff's to Benham and to the defendant
were read, the most important being , two letters,
one dated the 10th of January, 1810, to Benham, the other
the 3rd of March (two days before the date of the agree-
ment), to the defendant; in the former of which, after
alluding to Benham's proposed marriage, and to reports
which it appeared had got abroad of his being married
already, the plaintiff urged him to keep his own counsel,
and be expeditious, and undertook to get from certain Lon-
don auctioneers, Messrs. Curtis and Co., " for a considera-
tion," a letter eentradicting the imputation of the former
marriage ; while in the other letter he spoke of Benham
with contempt, and said that he had for some time been
collecting materials to " crush " him, when he saved him
the trouble.
Mr. Partridge, one of the firm of Curtis and Co., proved
that, in fact, such a letter as had been promised by the
plaintiff to Benham bad been written in the name of the
firm (although Benham was entirely unknown to them), on
the faith of the representations of the plaintiff ; he denied,
however, the receipt of any " consideration," althocigh that
word appeared plainly in a letter from Benham to himself
relating to the affair, and even professed his ignorance of
the meaning of the expression. His partner, however, a&
mitted on cross examination that a balance of 20'. or 30L
due by the firm to Benham or to the plaintiff, as his Low
don agent, had never been demanded.
Lord Campbell, after summing up and commenting on
the evidence, told the jury that the question fur their con-
sideration was, whether the plaintiff did not induce the de-
fendant to enter into the agreement in question by the
representation that he was a man of ability and integrity;
and whether under the circumstances which had been dis-
closed, that representation was not false and fraudulent.
The jury, after deliberating ter some time, roved a ver-
dict fir the defendant upon the material question, which
was that of fraud ; there werfother issues raised on technical
points, in which the verdict was for the plaintiff.
This case occupied the court the whole day, and the jury
did not retire to consider their verdict till near 7 o'clock.

COURT OF COMMON PLEAS. —:E.STERDAY.
AT NW PIMA AT Ounzo•ta.:7llaroas Ma. JUTTICA

•.' .• ',.'••••••••••“••••
"OFR. AND SPICIAL Juana.

Taft ELEentle T, t uu.tPlt Couvaxv v. Bitcrr.—Atrtug
FOR THE INFRINGEMENT OF A PATENT.
This was the first of two actions, brought by the Elec-
tric Telegraph Company against a Mr. Brett, to recover
compensation in damages for the infringement by .the de-
fendant of a patent which the plaintiffs had obtained for
convepbying messages, &e., by ineans of the electric tele-
grl.
At the sitting of the court this morning, the defendant
consented to a verdict in both the cases being taken fur the
plaintiffs, with 40s. damages.
NICHOLLS AND OTHERS T. ELLIN AND OTHERS.-ACTION

VPON A CHARTER PARTY.

This was an action brought by the plaintiffs, who were
ship builders at Abcrdem, to recover compensation in
dein:tires for the breach of the terms of charter party, by
which the defendants, who represented the Curiae° Mining
Copper Company, agreed to send a skip called the ideation
from the port of Copiaco, in Chili in South America, to
Cork, with a cargo of 5411 too, of copper ore or other pro-
, duce, instead of which they despatched her with only 45.5
tons; and it was to recover the difference between the
amount of cargo the ship actually carried and the amount
she ought to have carried, that the present action was
brought. 'the details of the GM were of no public in-
terest, and the jury ultimately found a verdict fur the
plaintiff-140/.

COURT OF EXCIIEQUER.-YESTERDAY.
&Truces •i Nan lasva.— Byrom NI. B•aof Past no •

DULIPWIL tinCIAL Jun.
Lenz v. Tan GRESHAM LIFE INSURANCE COMPANY.
Mr. M. Chambers, Q.C., addressed the jury for the plain-
tiff, and contended that the disease of the urinary organs
WWI not calculated to shorten life. Men of the most ad-
vanced age were found to be affected with enhugernent of
the prostrate gland, and yet lived. He had not been at-
tended of late years by a medical man.
Mr. Ilaron Nuke summed up, and read over the evidence
at gnat length.
The jury found a verdict for the defendants.

INSOLVENT DEBTORS' COURT.—VESTERDAY
Bisrofta Ma. Comuitmostaa Law.
IN as JOHN FREDEEICK ARCHBOLD.
The case of this insolvent, the barrister and law writer,
occupied the learned Commissioner nearly the whole day,
and at 6 o'clock was adjourned for further information and
an amended description. Mr. Sargood opposed for Messrs.
Benham, furnishing ironmongers, Messrs. Woollams, house
decorators, and a creditor named Oates. The insolvent was
I Ms own counsel.

The principal inquiry was respecting a house in Glou-
cester-place, Portman-square, which Mr. Archbold took
soon after his insolvency in 1847, when he was discharged
at Brecon, in Wales, and to the contracting of the debts
I of two of the opposing creditors who were employed on the
premises. Mr. Archbold said he expected that the trustees
under his marriage settlement would have paid the debts
he had incurred on the premises. On this point the evi-
dence was incomplete, and further information was required.
Another point was an assignment which the insolvent had
executed of his copyright in some law works. It appeared
that he had borrowed money of Laurence Levy and Edward
Levy, foe which he had paid a large Interest, and one of
them held a bill of sale as early as October, 1849. It came
out that Mr. Archbold some time beck drew some bills on
the law for government, for which he received 2001. He
had prepared further measures from which he had expected
large sums, but they had not been brought forward.
His Honour required some specific accounts and further
information. The last residence was not inserted, which
was neeessary in all cases. The further bearing was ad-
journed to the 17th inst.

MIDDLESEX SESSIONS.—YEBTFADAY.
Broom ML
A rICILPOCILEI OP 0000 CILULACTP/L
Solomon Aaron', 20, was indicted for having stolen •i
handkerchief, value 24., from the person of Francis Richard
Steadman, in the Great Exhibition, on Timaday.
Holloway, 260 CI, deposed that cm Tuesday he was on
duty in the Crystal Palace, sear the India department. At
about half-past 2 o'clock he saw the prisoner, who was arm
in arm with another pen= apparently older than himself,.
Misch the pocket el a gentleman in a meaner that induced
ham (witness) to watch his movements, and shortly after-
wards he saw him go behind theoprosccutor and take out of
his let hand coat pocket a silk handkerchief which he now
produced, and which was transArred by the prisoner to his
trimmers pocket. He went up to the proeecuter and asked
lino if be had not lost his pocket handkerekief. Mr. Stead-
man laid be hat, and he (witness) pointed out the prisoner,
and said be bad got it. He accused the prisoner of the
I theft, upon which 110 said he had nothingr ug him, and
I he *ea took the handkerchief from his and took
the primmer and the man with whom be was arm in arm
into custody, but the magistrate before wham they were
token discharged the latter on the ground that the evidence
was not sufficient to connect him with the robbery.
The prosecutor, a hatter at Southampton,deposed that
on Today afternoon he was ender in • crowd to
ere the state palanquin in the Indian collection, when is
consequence of what the last witness said to Ma he missed
hie pocket handkerchief. That produced was the one he
Aimed. It was marked with his name in full, and be
saw the cam take it kom the Omar.
MLL Parry Mot Olt the biloUrAnhist might have been