The Express.
London, England, 1848-12-02 00:00:00

MEDICAL

- -
HALL. Names of gentleowei who
prod their saassioatkor us Use wiener and pm tire of sodicise,
sod reoelved wesidoets to practise, co Thursday, Nov. 710 :—E.
Beth ; J. It. Man, Leda

intelltgenct-
COURT OF QUINN'S BllMCH.—Yirrtaanay.
gen Parro—llefore lord Dunes sad a Game Jury.
HAWKINSON AND ANOTIIIIK V. ALCOCK.—Twor. za. —3l r.
Harafrey, QC , with whom was Mr. Mori% appered for
the plaintiffs ; and Mr. fierieet She and Mr. Nance con.
ducted the ease on the part of the defendant. This was en
action iu tracer, brought by the plaintiffs, as the executors
of the last will and testament of • Mr. Morgan, to recover •
puree containing the sum of 821 , which it was alleged had
been entrusted to the mre of the defendant, who now refined
to give it up. TM fact' of this cue, which was a s,mewbat
shirtier ono, were thews :—The testator, Mr. Morgan, had
formerly bees a dairymm, and having amused • large
fortune, he went some considerable time before his death to
live with his seer and her husband, • Mr and Mn.
Robbers. On the 14th of December, 1847, the tes-
tator, who had been ill for six mouths previous, died, aged
69, and on the Zak of the preceding November the defendant
who had keys Mr. Morgan ever since his childhood, they
both coming from the same part of Motunouththire, celled
to see him. It was at the interview which then took place
that the testator gave him the puree in question. On the
evening of the same day, between six and seven o'clock. •
message was sent to the defendant, who was staying at the
house of his brother, John Alcock, informing him that the
Senator had ant, and regulating that he and his bro-
.., ",!"7...e. Cove and see him immediately. Airmail/1y
r." vat, and found Mr. Moog .n in • reap weak state,
-la the fit with which be had been attacked. On
after the testator had been conveyed to hie
th▪
at messier , .
bedroom and Mn. liabbett, who as amount of
cathie helpless state woo in the hahit n 1 strinding epos him,
disered that kis u:is we. stone from his trawlers pocket,
and inquired of Mpr Montan what had become at it.
After some time. the testator not giving any reply to
Mn. Rabbett, John AlitoCk, who, will the defer*.
dent, else present in the foam. said that Mr.
Mariam lead given at, and the 821.:t tontaised, as • preset
to kis towhee Thomas. Mn. Mahlon not being satisfied
with this explanatiou, on the two .4.lcocks ocialeg down
stairs sent for a rdiolossa ; and upon he arrival she charged
the defendaat with heist this purse below in to her
brother improperly ia his postesioa. the zlrfendant then
tepres44l hi. willows; to_igrve it up, and the policeman
Ina abow to go away, bet Mr. Rabbett requested ham to ac-
company the &tandem% sad hia brother John to the homs of
the letter, sin Greer to seen the money counted that wee he the
urse. Ike pelisses's did so ; the puree wee produced. Ills
p seatents el whet' were found to be 82s. TM iWnWita lbw
said be eleciabomast re the money up soles
thes duly
fielder tor it, thereby sasaease nemeses
and then went away. A had been
made, subsequently to the death of Mr. Meggsa, to dee
defendant by the executors, demanding wilisseiss
of the 822 but they had all bola tsaa
hence the pg•ism ado.. Oa behalf el the *WM Ma. sal

Mee. awl the tothesollisseullee wr
tad they datilid the limb al we have al-
rew7dey mama that otea Nee bat witnesses else emOIM
that, es the owning d the
Lei OSP. the relator was is
to
a rilhisa NM the deirlast
took ei kis immiiimA mat rediborpressien, " Poor
old men. ore • am smi tree • thild.'*--81r. Seep. ghee,
bier the sishodeat, sonteaded that he shoat be able to move
that this ere of MU. was given le his dier by the isle Mr.
llorgzeir,= ei a meek of the farbilp itis that pr-
im teem& him. These mei
Hare our •> wise bed smailelertiey I=ll9,
hais
mmy, ami good leetess, the large Ma M 10.goucs
Maim on the aims km* the ishadeat has
sel hem so perpenres to We, Wag at the
Wehlwrithlie, Warm to • Mk. Osisphao, et Orr
as, he OM brew& 'Wert) dtge&t,=
ash dieramtemote, it wes • ='atil thing dis
tar read have mode the ei
. The pry bed heed that bah Mr. = arl the
bem the emmo teamlie, awl roast
_wes the
sslbmse taro, admen him est the P•Weetite, that
John Alsoek W lardy her la the balk d edirtiag his
rents. It was ate pseteaied test the tensor, at the tined
his death, will tea Pees Om were Or the With et
November, was sr in the peonies el iheaties; sad,
what was • veryergelerbet,sespalealebha hermas to
tithe iielembstissei 'r
te
Morgan MEM to relorthemery
,47.7temeed • waist Aso the yoga
a ma ate It:Left 11Willses=peteird
*ties la seder . The Wale bad
stray lerkiirdelleamlS that wooldpelify therrim
▪ *at ho woad bent* 90.1
...anbaJlesis
ohm though set rata to him, woo OM al bird. of he
(Mr. liedeant Shim) disad be able to per that this taw
of VA was legasi all pore& pewraskel by the tame* to
his AMR mg 1.08 UMW- enable bin to the waist .1 the
jury. To earsereht the ishodente lON, his brother
John Akeek was sena, and he staled rat apse the deism
dent emesing to kb leer sting he hod teen lb. Merges, he
prochteed a Atm whisk was toad op. Witmer sad his
brother wised it, ant eiventa the mutant% while dig
then erroneowely reekemmi to be RI., bat whisk they Aar.
wsrds, whets therimenwalade was preseat, ellsoovered to
be 821. Upon tree Ni the daintier 'riving at Mr.
MabbSit'S, MTS. Rabbet; ober the testator was marred.
WOWS". Packet. sad liked him where his Nary
was ger tot He did not reply tar a keg dais, mid
then wirer rid Mr. Mops had ghee • parse to
bit brother, sad altar some time the terator meld
in answer to the rrested inspleir of if. sister alert what
hod barn et his pares that it was " all right." Mr.
Morgan did set appear at all ussonesisna of what wee going
ea. Mr. Mahler smiled at wirers hoer afterwards, but
his brother word sot give up the mew, as he said it had
bra gives to bins r a present.—Mr. linrafrey bowleg re-
plied, Lord Drama sorrel op, leaving it to the jiffy to
say whether they believed the witnesses for the plaintiff who
stared that the deledent never alleged that the pure; was
ilia own, and had always impressed kit willingness to give it
up, or that the union of the story SS gives by Jan At
was the tree tans. A memareadam had pried between the
daendeat mid Yr. Morgan whoa this posse sontaising the
money wee headed err, bat that dormer merely seed the
word gives, whisk might mean that it wee given to the de-
fendant to take ears der to keep for his own ase. I: was,
however, eataaly a ratter for the jury to determine.—Tie
jay, miter sos.aros7 reether Irr about Ave minutes, to.
tared a mast be the diadem, at the seise tans infl-
aming ea risks that the 821. wee intended to be given by
the testator ae • pow to bss friend.

COURT OF COMMON PLlLAlL—TnerniumT.
Nue Pania—Belbre Chief Justus Wiles, sad a Comma Jury.
WILLIAMS v. Ron.—AileatiLT IX • PUBLIO-1101ISS.•
Mr. ffedeant Jews sad Mr. Udall were mimed for the
plaintiff, sad Mr. Oedema Byles for the defendant. This
was an seam ire smelting the plaintiff, to which the de
fondant pleaded nee guilty. It appeared that the plaintiff,
a timekeeper, in oompany with a person of the num of
Lowe, went about eight o'clock in the evening en
the Bth of October lilt into the Britannia Arse public
house, kept by the defendant After being served
with gin, tobacco, and a pipe, the plaintiff pro-
ceeded to light his pipe in frout of the bier, which ed.
joined a pongee leading from the bar into the tap-
room Attar some little time the defendant told him to go
into the tap-room if he wished to make, smoking not being
allowed where he stood, and upon his failing to comply with
this moderate request, the defendant stench across the bee at
the pipe and brok •it in the plaintiff's mouth. His mouth
was thou area to be bloody, and his face swollen. A police
man was aubseqaently fetched by the defendant's potboy and
the plaintiff given in charge, but the defendant relented and
nothing wee done by the policeman. Lewis and the police-
man proved theplaintiff's seas—Mr. Berjeant Bytes, foe the
defence, contended that the transaction was in truth of aver,
different elsanetso than it appeared as detailed by the plain-
tire wiWmee. It. real history was—The plaintici an-, his
Mend Lewis, in spits of cantinted remonstrances, persevceed
in annoying every one by smoking where they stood, end
the defendant, to put an end to the annoyance, merely nicked
od the bowl of the pipe with his open hand whilst it we. is
the plaintiff's month. As for the blood and swo:len face, he
would show it came from an affray in another public-house in
whisk the plaintiff wae subsequently engage-I. The barmaid
mai the potboy were called, and proved the defendant's ver-
sion elate affair. On cross-esansination one of them ad-
mitted that the plaiatiffoomplained of his month bein g cut, but
neither saw any blood. A Okinawa was than called, who
spoke to having taken the plaintiff into custody in cense-
=•• of somber squabble with the landlord of the Gunter
public-house later that same evening, when it was
sworn plaintiff himself accounted for his blouse being torn
and his face being swollen an the result of the latter affray.
—Mr. Serjeant Jones having replied, the learned Judge, in
'naming up, observed that as an assault was, beyond doubt,
proved, the plaintiff was entitled to their verdict. The only
cinetion for them to consider was the amount of damages.
Hs thought the action might have been brought in on infe-
rior court. They would, however, say to what amount the
plaintiff was, in their opinion, entitled to remuneration.—
Verdict for plaintiff—Damages one farthing.

COURT OF EXCilißQUßß—YllgriltDat
MMus in Basco after term.
This tout sat yesterday plummet to nodes, and delivered
judgme..t in several cases standing over from the last term.
Auogig these wee that of
SAO. O. ROBISION.—ADMIOSIIIILITY or • WITXUS
ITXDBM Loan D 'e Act —Sir F. Pollock, C. 8.,
stated that in this case the court was of opinion that there
ought to he • rule absolute foe • new trial. The action was
ago kitsmasy had and received, to which the defendant
pioniod son aesumpait only, and at the trial two gus-
tiest sione—namely, whether a man named Smith was ad-
miesible m a witness, and, if he were, whether his evidence
mild be received under the plea of the defendant ? The
plaintiff had commissioned the defendant, who is an sac
dowser, to sell en omnibus for his, and the omnibus being
he applied to Robinson for Me proceeds. Robinson,
however, reload to band over the money to 82e, alleging
that before the sale at auction the plaintiff h himself by
private contract sold the omnibus to one Smith, who had
given hies, the defendant, notice not to pay o'er the mons y
to Sage, by whom en undertaking had been FiV.M t.)
Smith that he would tell Robinson not to sell—an underta-
king which he, flue, had broken through. In
order to prove teen facts, the defendant tendered Smith
but he being examined on the voir dire stated that he had
told Rubinson to defend the action, saying that he would go
halves with his in the debt and coos. Oa this be was ob-
jected to by the plaintiff as a party for whom the action was
is part debaded; but the wastes beirg received, another
question arose as to the right of the oefendent to go into the
mete in the present state of the record. The evidence was
received, sad a motion for a pew trial being obtained, the
same was argued during the last term, when the judgment
of the court was delerred.—His Lord.hip n iw ruled that the
court wee ignominiously of opinion that the witness was
admissible, as his undertaking only made him a sort of pm.
rules, end did not else an insurmountable objection to his
reception under Lord Denman's Act. With respect, hew-
ever, to the other branch of the case, the court was of opinion
that Mere ought to bee new trial. in order to determine the
Mot whether notice of the sale to Smith bad been given to
Robinson before he sold the omnibus.—Rule absolute for a
new trial accordingly.
BuoNstim P. I.4YIItII.—RAILWAT DlPolllll.—This
I was an action brought to recover the amount paid by the
phiatiff as a deposit fur scrip in reilwa scheme, end was
pet forward on the authority of "
,Welstab v. Spottiswoode,"
+lnch was decide.) in this court at the onset of the railway
I it igationorken it was held that the deposits might be recovered
us 'Loney paid on a contract, the consideration for which had
failed. At the garment of the present case, however, it ape
pared that the tuts did cot range themselves "on all foam"
with those in thee's. referred to, inasmuch as the defendant
had only been proved to have been present at the offices of
the company on one occasion, b• yond which attendance he
had nothing to do either with the affairs of the company, or
the deposit of the plaintiff. Under these cireuougances, the
court now thought that the plaintiff was not entitled to
recover against the defendant, and en they discharge t the
rule to eater verdict for him.—Hale discharged.
Nisi Pairs, at Westinhasier.-11ellicts Kr. Wes ?Wand ally:Mem
Q mmo Jury.
WINTLIT O. BONSOII.—ALLItti SD NPOLZOT or DITTY
lit Till 81111tIFF or 8111111 T.—This wee an action, at the
indiums of Mr. Wco'ley, publisher, Strand, -against Mr.
Bonsor, sheriff of the county of 8 .strey, to recover compen-
sation in damages tor loss sestainid through the ans.:eel
neglect of an officer of the sheriff.—The defendant pleaded
not guilty.—Tke cue occupied the court seedy ell day,
but the facts may be briefly stated. Mr Illamfrey and Mr.
Temple appeared for the plaintiff; and Cdr. W. R. Watson
arid Mr. Duman fur the defendant. From the state-
ment of counsel it appeared that is, the ammo of
1846, in coiaguence of the railoay mania then pee-
n's-Ms the advertiuments of the Sus newspaper
increased to such an extent, that Mr. Mord... Young, the
proprietor, deemed it necessary to increase the machinery oh
his printing establishment lie accordingly ordered a new
machine of Mr. Middleton, of 8 oathwark, for the cum of
8.501. An instalment of 3501. in tee first instance, and nth-
%lewdly the balance of the full amount were paid. It,
however, happened that before the machine was completed,
the railway panic arose, t..a rails.-.y ads, niientents rimed to
ft,w in, and the new machine wane cos n golfed. Mr. Young
%nemeses, requwded Mr, Middleton to repurchase the ma-
chine, but t e proposition was drelined. The machine re-
mained on Mr. Middleton's premises; and some time alter,
Mr. Young being in went of moles, an deuce wee made
to him by the pliintid, Mr. tif. a ley, on the
security
of the =saint Mr. Young had atm her orfd.tor of
the nem of goriest, who sued him and obtained
• judgment toe 2451. tle. 4d. Barron .n followed, end
the matline was seised by the Sheriff of Surrey. As soon
as the plaintiff became aware of thm proceedings, he inti-
mated to the .tteriff that he had • claim on the machine for
money lent, and gave notice ant to proceed with the sale.
A judge's order 11,11eubiegitently titain-d, by which it was
directed that the sale should be stayed tor a week, •aa the
pisiatil's polio, MW. into soon to sow oho imiM That