The Express.
London, England, 1847-06-23 00:00:00

have been spared, and that, in the shape in which
they were then ezprineed, they might have tended
to prejudice the jury spirt the ease of the dishethat. It
was, therefore, to bo per, that the bossed eased did
not draw his leedolthee-es to them en that issonskal,
when an esebteadra night lava boa olvelt le Ile% MSS
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eagle wily be supposii to be le Jahr te the at
deltadeats hi del are gamealli.itteeit net to Me _if
that pertasaler esse. That wee
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dental ; let es the leantedeemed have bees sallatir
ekes obeervatioat fs >r ISMIIISS Of his dionts MIN% WS
en think, ea that peed eke" that *ere sight la her
new trial, whin be autycaft:sockwilatest Wee arbor
jury. The rile may, be node ithesithesen the
terms elm asentiesek—Mr. bath isaltlei
his ek= would meat a saw trial on eta tom,
appeared to him (gr. Oaekbarn) to be very limo:-116
would, therekee, swooth with his client, before %Idle*,
rule.—Mr. Baron Paths : Certainly. The rule will, *sew
fate, be absolute, on somplieths with those terms 'Wilda a
week. Rule absolute aectediesty.
Lien Pates.—Beforn at P. Pollock, C. 8., and a special 1•17.
HOBSON V. O'CONNOI.—PAITILIOES or A NIWSPAP2I
EDITOR.—Sir F. Thesiger, Q.C., and Mr. Ho nos, were
counsel for the plaintiff ; Mr. Watson, Q.C., and Mr. Pren-
tice, (or the defendaut. This action was brought to recover
damages from Mr. Fearges O'Connor, the proprietor of the
Northern Star, for having diamiased the plaintiff from the
editorship of that newspeper.without due and nameable notice.
It appeared the plaintiff bad been for several years sub-editor
of that newspaper, which is circulated very extensively
throughout the kingdom, especially in Lancashire and the
west riding of Yaks:lire. In 1844 the publication of it was
»A o
removed from Is s to Londn, and in that ear
the plaintiff was employed as editor at a weekly
salary of 81. About the 23rd of September, 1846, the
defendant, who had previously taken some part in the conduct
of hie newspaper, placed it under the plaintiff's exclusive
management, and proceeded upon a tour to Belgium for the
purpose of inquiring, amongst other matters, into the state
of agriculture in that country, and especially the condition
of the potato crop which was then, for the first time, being
affected with the blight which has since become so lament-
ably notorious. Re remained away five weeks, and having
ascertained on his return to England that the plaintiff; who
was at that time a member of the town council of the
borough of Leeds, sad was also engaged in the publication
of an alinanack at Iludderafleld, had left London for those
plates about the 28th of September, and had not returned
until a day or two before the defendant's arrival, he paid his
salary up to the 30th of Oct., and (limits= him open pail day
upon the ground that he had improperly absented himself
and neglected his duties. For the plaindff, it was shown,
that, upon former ormelons of his =ewe, the defendant,
who was =tied= with the services rendered, and upon one
occasion exclaimed, "Is not that a splendid article
of Hebron's," had not complained, and that no in-
convenience or delay of any sort was occasioned in
the publication of the newspaper by hie not being
in London for the five weeks in question. During
all that time it appeared he had regularly supplied the lead-
ing articles, and had slips of them sent him to the country
by post, for correction, and punctually returned in time for
insertion. Several gentlemen, variously connected with
metropolitan and provincial journals, proved that the custom
as to hiring editors was, that their engagements should enure
fora year certain, if no special contract wee entered thee,
and that three or -ix mont.6' notice, expiring at the end et
the year, should be given to terminate the empityvassit
That usage, amongst persona connected with dint= wee
=rmlly understood, that distinct and
to the contrary were entered into by partieelit
mallseff to avoid its operation. Those gentlemen likewise
ispowid, that edits= might efficiently discharge their duties
in that capacity, although not always on the spot when
their newspapers are published, and that it was their privi-
lege to absent themselves for several weeks every summa
without the special leave of their principals. It vas
contended for the defendant that the plaintiff's presence was
essentially necessary for the interests of the newspaper, taw
dello in these times of competition. It was a weekly paper,
published early on Fridays. If the plaintiff had attended to
his duties in London, he might have written leaders en
matters which occurred up to the Thursday evenings pre-
vious to each publication, whereas, at the distance at which
he was, he could not have written upon any subject later
than Tuesday morning.—There were no witnesaei called for
the defence.
The Lord Chief Baron left it to the jury to determine
whether the plaintiff had been properly dismissed, in COMO-
quence of his &Vacating himself from London in the manner
described, while the defendant was is Belgium. If the jlry
thought the defendant justified in dismissing the plaintiff,
the verdict should be for the defendant. If the defendant
was not justified in disarming the plaintiff, he was entitled
to some damages. It was for the jury to say what was the
amount of the real loss the plaintiff had sustained by being
dismissed without notice. The evidence weal rather toprove
that there was no established usage as to notice. The
damages claimed by the plaintiff were the amount of his
salary for the current year, terminating in the month of
August. The jury were, however, at liberty, in estimating
the damages, to take into consideration the value of the
plaintiff's time after he was dismissed, or, in other words,
what he could have earned up to the end of the year.—The
found for the plaintiff, damages, 781.

COURT OF BANKRUPTCY.
Before Mr. Commiasioaer Pane.
IN BB RlC:atria, JAIIIIB, AND DOMPANY.—FA !LURE
rou £loo,ooo.—Thane bankrupts, who carried on eaten-
sire business as merchants, in Moorgate-street, and who
have been largely engaged in bill transactions, new came be
fore the court to pm- their lest examination. It was also a
meeting for the audit of account'. The proceedings in this
case have been frequently reported, the failure amounting to
about 100,0001. Mr. Lawrence, for the bankrupts, applied
for an adjournment of the case, the accounts not being in a
satisfactory stet.. Mr. Tilson, as solicitor to the fiat, con-
sented to the a journment, but hoped that he might have the
accounts a month or six weeks prior to the adjourned meeting.
The date of the fiat was January last. The accounts were not
ready, in consequenceof their voluminous and complicated na-
ture. Mr. Law, and stated that there had been two or three ad-
journments Rod as many different parmenhips in this case.
The accounts involved many hundreds of thousands of
pounds, and it was necessary to analyse the accounts of each
partnership from first to lad, and the accounts were in the
hands of Mr. Delsille, an accountant of great ability, for
that purpose. Mr. Cancun said that at present it was a ques-
tion es to whether there were soy joint assets, and it could
not be decided until the accounts were made up; but there
were considerable assets under the separate estates. With
regard to the separate estate of Ricketts, who had been in
several partnerships, there was an admitted balance of
2,4001. due to him from one firm, and there was also
some 4001. due to him from a cotton msnufee'ory.
Ile was concerned, with two or three other persons, in a
bank at Cornwall, into which he took some 24,0001. capital,
and atothr r person tcok in 25,0001. The debts of that firm
were now nearly all paid off, end there was an expected
balance of about 13,0001. to divide amongst three or four of
them (concerned in the bank); but it was said by the bank
that Rkketta, James, and Co. owed them about 6,0001.
Tbore was also a contingent interest under his (Ricketts')
mndeMenttkment. There was an interest in some monies
fa the Mia, and 1,000!. under hie father's estate, 1,5001. in
mom telegraphic company, and several other matters.
With respect to Jame', there were some shares in mines,
and several other matters. Ricketts, James, and Enthoven
were formerly in partnership, and a dissolution took place in
1846, upon which Ricketts and James continued to carry an
the business by way of liquidation, and they contracted new
debts, with which they paid those of the old firm, end the
whole of the outstanding assets of Ricketts, James, and
Enthoven, were claimed by Enthoven, he being the solvent
partner. Ricketts owed about 50,0001. to his own relatives
and friends.—The case was then adjourned until the sth of
Nov. next, the accounts to be filed by the 30th of Sept.
Before Mr. Coteratreloner Enna
IN nE DONALD MACLIAN, M.P.—Au application was
made to his honour in this case for a postponement. It had
been repeatedly adjourned en the ground of the bankrupt's
ill-health, and on this occasion a certificate was produced
from Mr. Maclean's medical attendant at Rome, duly at-
tested by affidavit, certifying that Mr. Maclean was, from ill
health, unable to attend the Court of Bankruptcy. The
solicitor to the flat said he had been informed by a servant,
lately in the employment of Mr. Maclean, that his health
was not in such a condition as to prevent hie coming over.
Mr. Maclean's solicitor said his instructions were the very
reverse of what Mr. Godson had stated, and he put in the
affidavit of the physician. The commissioner mid he would
adjourn the matter until Friday next, so that the solicitor to
the fiat might produce the witness he spoke of.—Adjourned
.. •