The Express.
London, England, 1847-04-10 00:00:00

CIVIL 8101L—Bes011) Mr. Justice Coltman.,

HORSE CABE.—ATIINSON O. HOKILIDOE.—Mr. Egerton
stated the pleadings, to the effect that the action was as to
the side of • horse for 1501., which the defendant warranted
to be sound ; to which the defendant plead, d that he did
not warrant; and, secondly, that the horse was sound.
Mr. Townsend opened the case to the effect, that the plain-
tiff is • gentleman living at Leeds, and Mr. Horridge a
gentleman well known to the Cheshire Hunt. At Chester
October races, the defendant's horse Paragon was standing
at the Albion Hotel, at the price of 180 guineas, and another
at 60 guineas. The plaintiff bought them for 2101. Ho
warranted the horse Paragon, but declined to warrant the
other. The plaintiff's groom fetched the hones away on the
Monday, and they amved at Leeds on the sth of October;
and next morning at the end of • canter, the groom detected
that the horse breathed thick. The plaintiff immediately
submitted the horse to Mr. Yates, a veterinary surgeon, who
pronounced the horse as suffering from a chronic affection,
arising from a thickening of the mucous membrane, which,
bring incurable, was unsoundness, although it would not
prevent the horse being hunted. The plaintiff then wrote
to Mr. Ilorridge, enclosing Mr. Yates's certificate, and stating
that he would send the horse to Manchester to meet defen-
dant's groom on any day be might appoint. No reply was
received ; and the plaintiff wrote a second letter, again re-
questing that the groom might be sent to Manchester. The
defendant wrote that he had consulted Mr. Dawson, • mu-
tual friend, but be declined to interfere, but that he bad
submitted the certificate to a competent surgeon and a goad
sportsman, who said that no specific unsoundness had been
alleged. Me offered to refer the matter to • sportaman
and a gentleman. The plaintiff submitted the horse to other
veterinary surgeons, who enafirmed the opinion of Mr.
Yates, that be had a chronic disease in the air passages, con-
stituting thick breathing. The additional certificate was
forwarded to the defendant. Some correspondence took
place, which ended In the sale of the horse for 561., which
sum was reduced by expenses to 481., end it was for the dif-
ference between the purchase-money and that sum that the
action was brought.
Witnesses having been called to prove these facts,
Mr. Chilton (with whom was Mr. Welsby) addressed the
jury for the defendant, and after several medical gentlemen
and veterinary surgeons had been called, Mr. Townsend re.
plied. The learned judge went minutely through the evi-
dence. Verdict for the plaintiff—Damages 1011. ss.

DOE OEM. LORD DEIAMEKR O. THOII...NTON AND OTHERS.
—This was an action of ejectment to recover possession of
certain inclosed wastes in the lordship of Marton, in this
county. The el.fentlant had Gccupiecl under a conveyance
from Mr. Court of the manor, who had covenanted to give
a good titlo•. The question at issue was of no public interest.
—Verdict for the plaintiff.

sows COVlM—Before Mr. Justice Wighftrion.
Tae HIGHWAY ROBBIHT AT rICKMERE.—J. Wright,
27, was indicted for wounding Francis M'OM, at Pickmere,
and stealing eighteen sovereigns, two promissory notes, and
other monies, from his person.
Francis said lam a draper at Manchester.
On the 22nd of October I elept at Northwich, and
started on foot about 8 o'clock the next morning towards
Pickmere. I reached Pickmere a little afar 11, and
from thence proceeded towards TaMey. I saw the prisoner
first at • place called the Waterless-brook, which is between
I the two plaers. I was on the high-road, and looking back I
saw him following me. A foot-bridge crosses the brook, and
the road then goes on to Tabley. It was within a few yards
of the bridge I first saw him. The prisoner overtook me,
and asked me how I was. I said I had been poorly, but was
better. He asked me if I kad seen • Mr. Shannon lately ;
I said I had not seen him that day, but I expected to dine
with him at the Windmill, Tabley. Mr. Shannon
is a draper in Manchester ; he was a trend of mine, and
once the prisoner's master. I got to the foot-bridge a yard
or so in advance of the prisoner ; and, on stepping on to it I
felt a blow on my head which knocked me down, and I be-
came insensible. When I recovered my senses, I was still
on the ground; the prisoner was upon me, with his hand in
my right tr.,usen-pocket; my silver was in that pocket :
made an effort, and got up. He then said—
" Give it me, Mac, I know you have got it." I told him to
take all I had, but to spare my life. I put my hand in
my left hand treusars.pocket to bring my purse out, and he
snatched it from me before I had got it quite out. I again
asked him to spare my life, and be made no reply. By some
means or other I got a stick he had in his hand into my
possession, which he took from me and went away towards
Pickmere; in the purse he took from me were two 201.
notes, two Si. notes, and 182. 10s. in gold; be took about
31. 17s. in silver out of my right-hand trousers-pocket ;
when he left sue to return again he stopped beside a hedge
and waved his hand, calling out to me something; I
went in the same direction by mistake, supposing I was
going towards Tabley, and I did not find out that I had mis-
taken the way till I reached Flittingate Farm, and I then
told Mr. Barber what had occurred. Mr. Barber returned
with me to the place where I had been robbed, and I then
met another young man, who took me to the Windmill
tavern; I found my hat, umbrella, and bag near the spot
where! had been attacked, by a large pool of blood ; I had
known the prisoner for eight yearn before this transaction ;
he had formerly been a traveller to Mr. Shannon ; when
first saw the prisoner I saw nothing in his hand bet an ordi-
nary walking-stick, not a large one; the day when I was
robbed was my regular day for returning home from my
rounds; the prisoner knew my rounds, but I don't know
whether he knew the exact time when I should be in that
direction ; I was in the habit of meeting him at Mrs. Fowls',
of Northwich, where I sometimes dined with him. A num-
ber of other witnesses were called, and corroborated this
statement. Mr. Temple addressed the jury at great length,
on behalf of the prisoner. He was found Guilty, and judg-
ment of death was recorded against him.