The Express.
London, England, 1862-02-19 00:00:00

THE FOUL SALAAM TRADE WITH FRANCE.

The late seizure at Berwick of several boxes of
unwholesome salmon, on their way to Boulogne and Paris,
was followed up by the discovery, though too late, at a
much larger tranaactiou. On Friday, when Mr. Smut,-
thwaite, the superintendent of the river police, happened
to be at Galaehiels, sixteen empty fish-boxes arrived at that
statism, each box bearing a ticket, on which was writteu,
" Returned empty salmon-hos. ' Mr. James Hall, fish
merchant, Bridge•street, Galashiels, Scotland." And on
the other side of the cant was printed, " 1130, Fau-
bourg St. DtlDill, Paris. L. Coffre, Commissioonaire
la Mane." Mr. Hall declared he had no knowledge
of the boxes, and refused to receive them ; so that
they have now become tho property of the railway
company. The whole of the sixteen boxes were precisely
the saute in material, aim, and construction as the full
boxes seized at Berwick. They had carried to France at
last a tam and a half of foul salmon, killed by poachers
during the breeding season, and while in a coodition utterly
unfit fur human food. VI ben transactious on such
a scale are detected as carried on at Galashiels, it may cer-
tainly be concluded that the undetected transactions of the
same kind elsewhere involve au enormous amount of rob-
bery and waste. All this, too, takes place in spite of a
greatly improved method of protecting the river, and of a
consequent rdeclioe in the amount of depredations. It
has also to be noted that the operation of the
English Fisheries Act of last year has already almost
entirely cut off whatever market fur this vile commodity
there formerly existed In England. The main root of the
evil is now the demand iu France, and our French neigh-
bours, for their own sakes even more than for ours, ought
to look to it. It is strange that when so much is doing in
France, both by the government and by associations of lei-
Tate persons to protect, improve, and revive the French
fisheries, France should yet Do the chief cause or temptation
in the destruction of the Scotch fisheries, and should allow
her population to be poisoned with uneaten] and pernicious
food, such as nobody dare vend or could be induced to taste
if procured from any French fishery. It is to be hoped that
the matter will nowreeeive attention in the proper quarters,
and be met by the proper remedies, which are at once easy
and effective.— Scotsman.

TaLioaarn TO Isma.—Mr, Latimer Clarke, the
engineer for the lied Sea cable, luta tented the cable at
Suss, arid nude the iusulatioo perfect for 110 mile.. The
arrangemeuts for opening the Juba! station are progressing
satisfactorily, sod the Pacha has given his cordial co-
operation. It is expected that this station will be opened
in six weeks. The steamer Sir James Duke, with the new
cable, has passed the Cape de Verde, after a very good
and the tests taken on board showed the cable to
perfect.---Loados and China Telerap.i.

We find Du Barry's delicious health-restoring
Beraletila Arable' Teed We West remedy for habitual imeati.
potion, hadigeotioa (dyspepsia), ooastunption, ttliarrikea, debility,
gid,Useee, acidity, bilariburg palpitatios, irritability, sleepier-
Desk diatesaion, natalsosy, pi hemorrhoids, soughs, cold;
asthma, bronchitis, gastric disordersss and fevers, dysentery, ner-
vousness, bilionatem torpidity at the liver, debility. stestals,
atrophy.—Andrew tire, lAD., 1.1.8. Dr. iferniy. Dr. Shor-
land, Ur. Campbell. Dr. tad Warw." It ewes IRV time. Ito
coat in analicise and deities' bale. Mi, ft arse of
carriage), as.—Du Bitif end Co., No. /I, •pat4dtest, Lon-
don ; also Yortsuin soil &buoy. sad at a. iiDraesednirchotroet
Ind all poems sod cheratria.—(Adrertleeinest.l

tato intelligince.

COURT OF COMMON PLEAS.—Fss. 1&

Sittiop st Nisi Prigs is Losdos.—(Before Lard Chid
Jostles Eris sad a Spatial Jury.)

FORD r. THE BOUTH-MIIITIOIN RAILWAY CONTANY.—THZ
ACCIDENT AT 1711011 JUNCTION.
This was an action to recover damages for injuries sus-
tained in consequence of the train running off the line at
the Epsom junction on the 28th January last year, on which
°coulee Dr. Daly unfortunately met his death.
Mr. Ilse=ley, Mr. Mouldy, sod Mr. Hindmarch appeared
for the plaintiff • sod Mr. BovW, Mr. Hawkins, and Mr.
Johnson for the 'defendants.
. . .

--The plaintiff was a woollen factor, carrying on business
in King-street, Cheapside, and on the occasion In question
he was travelling in the course of his ;milieu along the
defendant.' hoe to Portsmouth. The train consisted of ten
carriages, the plaintiff being in the Moth one from the engine,
Dr. Holy being in the fifth one. The great question in the
cause was whether the carriage. bad run off the line in con-
sequence of any fault upon the part of the company so as
to render them liable, or whether It was a pure accident
without there being anyone to blame. The plaintiff's
counsel said he should contend that there were fudge in
reference to the condition of the permanent way ; the
gauge was not worst., the proper degree of superelevation
of one rail over the other round the curve was not pre.
served, and he should show that the defects bad been
brought to the knowledge of the company before the acci-
dent, and they had directed the drivers to proceed slowly
over the defective portions of the line. Notwithstanding
this, be should be able to show that the train, when the
accident happened, was going at the rate of 35 miles an hoar.
After the accident it was found that one of the middle pair
of wheels of the tender was defective, in this way, that the
tire having become worn had nodergone repair, and the
WIWI or bolta to fasten the tire to the other part of the
wheal had not got sufficient hold. After the accident It
was found that there was some displacement of the the of
this wheel, and on ita being taken off it was seen that it
had bees so loose that it had slipped round upon the wheeL
There wield be evidence pro and coo as to whether this
Milmwheel w the one which first got off the mil.
grt as
irt Fiat which be should contend constituted negli-
geea wee this, that there was only ow break-euriage out
of the tea, and that this break, instead of bring at the end,
was affixed to the Joann carriage. This was done in order
to facilitate the dropping of carriages at places along the
line, bat this, he should submit, was no adequate pound
for adopting a plan which was dangerous. In the canna
of the accident the first four carriages broke
away from the remainder ; and he should coated that if
there had been break power attached to the last carriege,
the injury to the plaintiff would probably not have ter
urred, for the carriages left could have been brought up by
the use of the break power.
In reference to the question et damages, it was stated
that the plaintiff, feeling a sudden jerk, exelaimed. " Goad
gracious, the carriage is off," and that he was immediately
hurled over, and lost his seams. When examised by a
medical man it was found that two ribs were broken en his
right side, his left shoulder blade was inlaid, his chest was
very mush hedged, sad his left shoulder wee brakes. He
was under the doctor's special care for ten weeks, and for a
considerably longer palled he replied atteescleace, and was
usable to superintend his busisem Before the aceideat he
was • strong and healthy mom but dace then he had been
exceedingly nervous sad irritable. his eyesight had become
defective, sad he had not niece been able perfectly to use
his ann, nor was his shoulder quite in the position in which
it should be.
A gnat body of scientific sad other evidence was laid
before the j is support of the ewe of the pliatiff sad
of the ta, sad the Wel. having conumneed co
Thursday last, did not finish until the end of to-day.
His lordship said he should net attempt to deans the
term " negli" became an element in any suck dela'.
Non mast In the degree of care which a railway company
ought to exercise ; but his direction was that the company
was bound to au the best precautions in known
nee for securing the safety and oonvereissee, orimCrl
oi
their passengers.
The jury retired at eve o'clock, and returned into court,
at a quintal-lied 11l with • verdict for the plaintiff—
Damages,
SECOND 00IIRT.

Bittiap at Nisi Prins in Loadoe.—(l3dore Mr. Justice Bytes
and a Common Jury.)
ALM. V. MIMI. —TELOVLS FOR ItACIROBSZIL

This wee an action of *rover to mover possession of :two
racehorses, named Meioses and Nimrod.
Mr. Hawkins sad Me. Keane appeared for the plaintiff,
and Mr. M. Beath for the defendant.
The eirmixestances out of which the action arose were
the.. :—Mr. Coeingbarn was a gentleman residing in Booth-
ampton-street, Bloomsbury-square, and in 1839 be
aim the owner of Magenta, which he sent to
Fnusee in charge of • puma named Burrows, who
wee to train and nut him upon the terms of paying all
expenses and handing over to Mr. Coningham one-third of
the winnings. In 'MO Mr. Ociainghain bought Nimrod,
and this hone was Owed with Burrows upon the same
terms. On the 164 March Burrows went with the horses
to the Wheanhaef lan, at Westbury, which was kept by
the defendant, and the hones remained them until October
following. In Sept. Coningbam sold the horses for 2101.
to the plaintiff, and when the plaintiff demanded the hones
of the defendant a lien was claimed upon them for 30 weeks'
keep of the horses at W. • week, and board for • man to at-
tend upon them at if. a week. The total amount of the
bill wee 1101., but from this there waa • dada°•
tion of 131. las. on account of time when the
horses were shunt from the inn. The plaintiff
disputed the defendant's right to retain the hones,
but the defendant refusing to deliver them up without
payment, the present action wu brought to recover them. '
His lordship said that the question whether the defend-
ant bad • lien upon the animals wee one of law for him.
Mr. M. Smith intimated that in addition he should like to
have some evidence to show that the plaintiff was the owner
of the bones.
Mr. Comegham was examined, and he stated that he
had sold the horses to Mr. Allen ; and • letter of his was
put in, in which, after stating that be bad sold the hones, he
threatened proceedings against Burrows, saying, " I will
give him an opportunity of appearing in the witness-box
before a big wig." (Laughter.)
His lordship expressed his opinion that there was proof of
ownership ; and, after some discussion, he said he should
reserve the question of law for the court ; but added, that
at present it seemed to him that the question whether the
defendant had a !ien depended upon whether the horse, were
an accessory to Burrows, who went to the inn with them, or
whether he woe an to the horses. (A laugh.)
A verdict was entered for the plaiutiff, subject to the
opinion of the court.