The Express.
London, England, 1848-12-07 00:00:00

rim puts—lisbre the Lord Old Athos and . leselaanry.
Ftowsit ditaw eon ellelats...-AlLatian roateane
.-Berleeet Elbe and Mr. Z. T. Itidiords fler the *OW
31(.W miaow*. mad gm Johann for the delesdars.
This err as ameba elsesompie ft newer TIM. 101.. the
amount of a dove dived »los boss thaws ea the Les-
ion Ned Weeimisseer Moak is Ploiseire kens W the de
bedaub, se *Anson ad therms ed Ohs how. sad
Graben Kona Aanal•fill Atholothth deshatliss
also »anima eclat earsati, on +Ma se•vikaes"
As to tais dingo the ikiratlests girded thst they did sot
Tasks it—thas was obtaraildlil tread ails that it was
given by mirth. I sad --Ilerjesst Pyles BMW,
stated the tifr's ors. =kis *teems* oldie ir
tended eld Ft that se the brdwritiss of
the defender. to the shogies wes admitted the plabitiff was
mottled es a Wealth Tbdithwilos was thew Fe Id sad rwst
It ban dais 18. MA it wee draws amebae to Mr.
Plower, " am, atelesinV' beam.
and wth nth is in the plaintiff's hand.
writisa and thesiensirre by him as secretary.
Mr. Whitehouse. br tbe Meuse, stated that Ise Amid have
their, es lissesiese a thee as mon wan gesented es a
jury. Theserssep et whish the dsfesdeste were digesters
was established shoe the sod of 1843. This plaintiff was
emperd to seise in retie' it up. He was at that dam is
the simpifemeat of a eassent swarthy, rdesiviss a mad
Wary. Akm preliminary meetings were held at bis reth
ease, and ultimately he was appended teareimy, at 4
salary 01004 per Minim. This wee afterwards ithisolthli
1601., and was regularly paid quarter by rather ma the
period of his rutting the envies of the semlifid. moor
also roseind two aeries, 'ems he 11111 de , ihe
ether be 121, for his prelindary »MO& 18441
Mr. Vestries, dr MOW el the essepaspamulths& Me per-
sou was ble phis, bat gestioutd to
dianisegerildlesd si the arse sass. Is August, 1846,
it wee oeseershael le ewer% a fresh messier. Platatiff,
by hoer, mthethlllaited soder aria the bliss aprpsiated
Ws bead, and isetheoll his realgsedim ter these of its
being dam. Tide Poignant& was asseiteela smie*,
_sore
Anther oarreepthaths. ta width the POW doderd lie
eternised hadility ea the ofthroy. ohl bit balsodes he ad
up a rival (thee, the defendant Min wads to *MK
&dieing all further communiestiss. lad ellkslag Was a
gamete,' salary, which would berths doe be a few days.
Plaintiff, however, claimed half • yearlsobey. To this die
deb edeste areatidi, and requested gleidire atteadathe at
their dies so node the money sal onsethe • release. At
this iseerview, which snit place shoed a math ater the
Albert dabs of the cheque. the durmast Skew mid. "sysc
mosigthithishoUless'erissyMulisoloolabthese
shim Goths misty," %width the pieladffesseseed.
missed an instrautest in the ions et a release to to eon.
}any. but did sot seal it: It contained. however, a
and explicit acknowledgment of his having bees
demands on the society up to that time. The dithadeolle
heard no more of the plaintiff from that day until this 18th
Dec., 1147, when the plaintiff wrote to defendant Shaw,
stating that he had found smooest his pares two thews fil
the »mossy in his favour, but u they were of eld taptherd might be a difficulty shout them, and therefor
Vat direction should be given to the bank to Cjilbittit
without regard to their age. On the 31st December Mr.
Shaw replied that the ?order way would he to draw fresh
@hopes, and requested that plaintiff would furnish him with
the amounts and dates of the cheques he held. To this the
plaintiff returned sa seri» sower, saying that he
bed given defendants fair warning, and thy must
sot be pa:prised at whatever miht ensue. Neither
• the date nor amount of the cheque declared on were
%ruined to defendants until immediately before the coot-
:muesli:Lent of the anion. The other cheque, it appeared_ ,
was not in phintirs favour. lie learned coils el proceeded
to show the probable Maori of the cheque in question. The
course of bonnets at the office was this : • clerk under the
direction of the plaintiff filled up the cheque and ruiner-
/oils ready to be laid before the denten fur their sitnatum.
Another clerk entered in the book what sprayed on the
couotefdil. This entry was compered with the shirr by
the plaidtif. On the day that the cheque in rood= was
alleged to have been drawn, no lenthanB3 °theism» dust
by the directors. The last of these was authored is the
oewarbook 2,600. This was the last but ens so this page.
The teeth which should have been the last oa the peso tor
altogether ssiesisc, counterfoil sod all. All the charms owl
souuterksib dawn to No. 2460 were drawn in the sosr
»anon by the clerk. The Best one es the next par, whi .
wee alai the lint drawn at the next meeting of the direetook
was alma in this disk's handwritiog, tied was numbered
2,5411, treatisg. the mining cheque at the bottom of the last
pope as see meting. The cheque sow declared on by plaintiff
was oho numbered 2,:k61, and was in plxintiff'sown hendwrit-
ind. It would appesr,therefore,as though one cheque WO maa
bad been inadvertently signed by the directors, which had
been taken by plaintiff, and ans. weeds tilled in by him in
his own favour.—The Chief Justice interrupted the learned
counsel at this part of his statement, and observed that there
would surely have bees a resolution of the directors for the
papaw ot so large a seat to a secretary. It the chin» was
idled in by plaintiff without authority, it woes clear forgery.
There wen a man now suffering punishment for the same
tbieg. lie got his master's cheque-book, and filled up a
cheque which had teen previous," signed by his muter.
Me was convicted, and about these months also the ques-
tion cams before the Jars, who unanimously held it to be
a forgery.—Mr. berjeant Bytes : if he bad no authority
to fill up the cheque it is a forgery. I cannot help feeling,
after the in:denee which Mr. ‘Vhitehunt has opened,
particularly the cheque book and Mere that 1 do not
see how I can meet that evidence, and ism directed by
the gentleman who instructs me to say that he also desires
me to withdraw from the new of this ear. —Mr. White-
burst so, plied to the noun to have the cheques impounded.
Serjeant Dyke thought that utcalled for, since the
plaintiff had withdrawn the ease. The Lord Chief Justice
said this WWI • most serious !AO, end the cheques must
ofertaisly be impounded. All the effect of his impounding
them was to enure evidence, aping another day, and the
tieing the eon of a servant who lad got poseerion of his prin.
dpars cheque, it was one into which public p.stice would
per imelaely raglan investigation, it he filled it up sad then
claimed it es his own. They mu,t °snidely be inspanda4.—
Whitehont wished the plaintiff (who was in court) to
be taken icto custoly.—llia lordship thought there was no
evidence on which he could mama the plaintiff, Mr. White-
lur4 having preceeded no farther with his client's cam than
the opening.

YUTIIDAT.
Sittings la Banos Mtn term.
BENZTT P. YRS PANLNSULAS AND OSIZSITAL STRAY
FATIOAT:- V.' COMPANY. LIABILITY OF Owrelea OF
81ZAM VLSSBLII Al COMMON CASIMIR& This was an
salon ou the ease ben& by Captain 13enett, the plaistiff,
to recover damages against the defendants for • breach of
their duty es common carriers of passengers under the fol-
lowing circumstances. it appeared that some time back the
Moment, belonging to the defendants, wee lying at Beath-
Lawton, about to proceed on a voyage to OA ram
when the plaintiff pre seated himself as • pmenger,
and although there was no want of room the sant
of the vessel absolutely refused to receive the plata.
tiff as a passenger on board, and a written refusal to
that effect was given to the plaintiff. It afterwards trans-
pired, that the real cease of the refusal was a suspicion that
the le:nine/I was going out es • political agent to
help to effect a revolution in favour of Don
Miguel. He had been residing at Carionbury
cottage. at Islington with Don Miguel, and was a person sus-
pected at the Portuguese embassy, who wee in communica-
tion with the defendants to invent his embarking. There
was madame that the defendants had issued bills station ge-
nerally that they were carriers of goods end persons from
Southampton to Gibraltar, end bad acted as sueh. Upon
tut h plod being given the Chief Justice before whom the
was tried, ruled there was evidence to go to the jury of
• defendants' liability as common careers, and as melt
And to carry any passenger or goals that might offer
i.e jury found for the plaintiff. A tide Lie foe • sew trial,
a :to ground of misd i re ction, and that the verdict wta against
eidence was since obtained, and was now folly argue
d.
only question involved In the discussion was, whether
• common law liability of careen applied to places be
' the seas, and to the carriage of passengers I—The
in giving judgment, said the gonna raised upon the
at the trial was, whether the defendants were cove-
, earrkrs from Southampton to Gibraltar, as alleged in
declaration ; sad the point now was, whether the learned
Jge bed done rightly in telling the jury there was evil-
sum proper for their ensidention in support of such
, ation in the declaration. Now persons might be common
carriers from a plan within the realm to • plot e without the
realm ; and It was se stated in '• Story en Bailments," 5111.
But it was objected that the declaration must be understood*,
mean carriers within the realm and according to the custom.
'tr that were so the declaration would be bed and the pm-
from Story allowed it might be understood otherwise so
... mike the declaration good. Then the only remaining
rotation was, whether the words common carrion mast be
taken to non within and acme:ins to the custom of the
realm. There was no good reason why those words shiceel
not 'album ether auncrs also. As therefore the i.ron and
dr, larstion might be understood in the ens, in wee. h the
',Arm imported, the question left to the jury was a prime r
end the verdict in conforesit with the evidencir. Toe
for a new trial would be discharged.—pulse
diacharged meordingly.
COURT OF EXCHIQUIR...-TUZADAT.
-whore F. Tenet, CJ., end a Middlesex Special

the sharp of my custmemen. I also found a smell trunk
containing fist &e. I took the prisoners and the
property on board the emu to the fort of Asnaniabee,
and neat day I took them to Cape Coast Castle.
when they were examined before a magistrate. I
found amongst the other projp three packages of *old
dust of 60 ounces sash, ',WAt eats sent to the Lemuel, and
whick I had valued at shout 690 t. had my seal upon
then, and had not been broken. I produced shoo at Cape
Coast Castle the various articles I had found, and tor.
Tiekerman, in my presence, and in the presence of the pi-
tmen, identified them as belonging to them. The three
were in a boo, when I sent them, directed to Foster
Per a:O4 6, New City Chambers, Bishopergatystreet,
Lewin, and marked with lay 'shish, A. 8., on the lid of
ita lat. The bon was not loan& and the peckers had
taken entire from the box. I fastened these packages in a
ala boa on the 12th of Asyut, and on Use following day I
deihmered them to the Judicial Assessor, Mr. Pitspatriek, at
Ceps Coast Castle.—The prisoners were committed for vial.
MANTLEBONE.. AMAIILT. C. Mortimer 111'4
with committing an assault on lir.Davis, a surgeon,
In Upper oower-street.—Complainant deposed that
that morning he ggeKt into an omnibus in Tottenham-
eourt-road, and gave direeWna to defendant, wbo was the
conductor, that be should be set down at Warren-street,
Camden-town. On the read he handed to defendant three
penny pieces, which was the proper furs, when defendant
alleged that he bad paid a halfpenny abort. Oa arriving at
Warren street defendant refused to stop unless paid the half-
penny which he claimed, upon which complainant, who felt
eadided that he was right, pushed the door open as the ve-
hick was going on, and upon his endeavouring to make bit
way down the steps defendant gave him a blow, but not a
severe one, upon the head ; he nearly fell in consequence
of it, but contrived by laying hold of defendant's coat, to
regaln his position on the step, after beindragged along, u
he might may, for many yards. When Ling vehicle was drawn
up at the Britannia-arms, he gave the defendant into cue•
stun, was
after being cautioned as to his oonduct in
(Inure, was fined 205., and in default of payment one month's

WPth°oltSnialleTP-BTHEET.—Bstrzrot.terca. Haramill
announced his receipt of the following contribstions for the
benefit of Mrs. Helen Hebert, the distreeeed daughter of the
late town-major of Galway, whose unhappy ewe wae noticed
en Tuesday last in this paper : "W. K.," IL ; " B. F.,"
11. ; "T. P.," Clifton, 11. ; Col. U., a cheque for 2J. ; J.
Bowen Hay. •• cheque for 11. le. ; " T. a," IL ;
"W. W. C.," I . • "8. 8. 8.," 10e. ; "J. K.," 11. ;
"C. D.," 10s. • ".11. W. It ," 101. ; "W. W. C.," in
stamps:se.; " A Half-pay Oiliest," 10s. "A. C.,"
' postage stamps.
a shilling's worth of postage stamp, described as
" The Kite of a Poor Labourer repelled by the Preach,"
who expensed a wish for an
formaacowledgment, to incluse
others to spare what thei could suffering lady. The
I magistrate has also received • cheque for 101. for the lands
of the poor-box, the humane donation annually transmitted
from Casein Dixon, Esq., of Stansteapark, Essex, and
also a sovereign from •• T. B." for the same benevolent
object.
THE OUTREOE Ire SPEELLTIIILDB.-0. Moran, W. AMU,
J. Dowries, and J. Barnes were re-examined charged with a
criminal amide and robbery upon Ann Coxfield.—Sergeant
Kelly reported to the ratignteste that the injured woman
was not able to attend, having been constantly confined to
her bed since the last examination from the effects of the
treatment to which she had been subjected, and had been
attacked with a succession of fainting fits of such a debili-
tenon character that some doubts were entertained of her
ultimate recovery, and she would be unable, under any
cirewnstances, to appear in court for a considerable period in
support of the pecenution.—Mr. Hannan directed the officer
to attentively watch the came and take care that the poor
woman was provided with proper medical attendance and
every necessary that her unfortunate condition so impera-
tively required.—The prisoners ware then again remanded
for a week.
SOLITHWARK.—ALLEGED ATTEMPT TO IILOILDER.....
O BoirchtcA was charged with attempting to murder
his muter, G. Thorn. The complainant, whose arm
was in a sling, owing to a dangerous wound, inflicted
with a knife, between the forefinger and thumb of the
right band, stated that for some time past he has had
reason to be dissatisfied with the prisoner's conduct, pro
ceeding from his neglect of business, and arising from his
improper intimacy with a female servant in the house. He
had been remonstrated with on the subject, and in order to
keep him away from the kitchen, the door was locked, so as
to prevent his having egress or ingress to that part of the
premises. About two o'clock that day, complainant went
into the bakehouse, where the prisoner was engaged, and the
moment he entered the place the latter seizid up a lone
and sharp knife, and advancing with it towards his
employer, swore be would do for him. The com-
plainant retreated some steps on teeing the weapon
and was followed by his assailant, who made two or three
attempts to strike him with it, when the former, fearing
that he would murder him, made a sudden rush, in order to
seize the knife out of his grasp. He succeeded in laying
hold of the blade of the knife and a struggle took place,
during which he made the most vigorous efforts to disarm
his antagonist, who, however, stal retained possession of the
handle of the knife, while the blade remained in that of the
complainant. His wife hastened to his assistance, but she,
In her attempt to tale the weapon, was cut in the hand.
Finding that the prisoner continued to strive hard to get the
knife into his own hands, the complainant's wife hastened
to obtain eminence, and a policeman at length being in-
formed of the eircumstence, entered the bakehouse,
and an ended in getting possession of the knife.
The complainant added that the struggle between
hisn aLd the prisoner lasted nearly three.quarters of an hour,
and that to save his own life he held the blade of the knite,
which inflicted the wound between his forefinger and thumb,
and, as a medical certificate described, was of a dangerous
nature, and within almost a hair's-breadth of dividing the
artery. A policeman said that when he entered the bake-
taus." he f and the parties struggling with one another, each
I having hold of the knife, which he (the policeman) took pos-
session of; and the complainant then described to him what
had previously occurred, end he therefore arrested the pri-
sontr. The prisoner, in defence, said that his employer flew
into a great passion with him while he was scraping
dough off his trousers with the knife, and tried to get pos-
session of it from him, and that in the struggle he had his
hand cut. lle (the pri‘oner), however, denied using the
threats against his life, and now regretted what took
place on the occasion.—Mr. Cottingham remanded him
until Tuesday.