The Express.
London, England, 1853-11-07 00:00:00

LITERATURE.

The Ara?try Rook. With coloured representations of the
moritctlebrated Prize Birds, drawn from life by HA klll6oli
Wink, and minted in colours. W. S. Orr and Co.
Routledye's Illustrated Domestic Poultry. Rutledge.
Within the last few years au enthusiasm, a rage,
a mama, has arisen for poultry breeding, and for
everything connected with poultry, which seems
intensely ridiculous to the uninitiated, especially to
those who are not familiar with the rise and progress
of the permanent improvements in our other domestic
animals. A cock has been sold within tills year for
1001., and 22 fowls have realised by auction 420/.
A pair of Toulouse geese have fetched AL, and docks
proprtionate prices. This sounds like 'Midsummer
madness—it will no dcnbt end in some purchasers
being severely bitten. Nevertheless, it has lit-
tle in common with that mania which sent
the sober Dutch into frantic speculations in
tulip and hyacinth bulbs, and the fever
will be permanently advantageous to the
country. The same state of feverish excitement and
speculation was lot up early in the present century
on the subject of Leicester cheep, as well as, first,
long-horn, an,:. then short-horn cattle. It is not so
very long ago that a Lincolnshire armee gave one
thousw.d guineas for the hire of a ram • foe •one year, •
and this a very few years after Mr. Bakewell had
gladly let rams at two guineas a piece. No one
now gives anythieg like a thousand guineas for a
ram; excellent animals are to be had at from 161. to
231. each; but in the general diffusion of two excellent
breeds of sheep. and in the general circulation of cor-
rect knowledgo on the subject of breeding, we have
the benefit ut the mania of our agricultural fore-
fathers. It will be just the same with poultry. A 4
the favourite breed, the Cochin China, is wry prolific
—although the percentage of birds which approach
an imaginary standard of perfection in colour, in shape
of tail, length of hilt, and amount of liloomerisin on
their legs must be limited,—Cochins which were
imported direct from China, at a vast expense, two
years ago, wig be found in every farmyard, and fall
from their present high quotations. In recent
days the Irish pig was a long-legged h.p-eared
brother to the greyhound pigs of Baden. sow we
see shipload after shipload of comfore.-ble short-
legged prick-cared porkers disembarked from Irish
steamers which are a real credit to their breeding and
feeding,whilst in Smithfield cattle showing pure marks
of Short-horn or of Devon are common enough. Never-
theless the first class breeder of pig, bull, or now can
always get a fancy price for his stock, though perhaps
not such a price as he obtained when -the breeders
and the breeds were equally select.
UntillBso the two breeds of fowls on which moat
attention bad been lavished were the game and the
bantam. When cockfighting went cut of fashion
tame fowls were neglected. Five and twenty years
ago it was an amusement which the first noblemen '
in the land were nut ashamed to pwronise, and the
leading journals, as a matter of course, recorded the
results of great " mains" and " bye battles." In
11/423 the grandfather of the present Earl of Derby
bad a staff of servants equal to the establishment re-
quired for a pack of hounds solely engaged in look-
ing after his game-cocks, of which he had,—including
the stocksplaced at his disposal, by three et ighbeuring
baronets of Lancashire and Cheehire,—apwaida of
three thousand to choose from. Hut, cockfighting
having died out, game fowl are now only kept for
their culinary qualifications. Bantams were bropght
to perfection by Sir John Sebright, who was one of
the first persons who experimented seriously in
breeding poultry. But bantams are so small that
they can never be treated otherwise than as toys. •
The poultry reform, which has made poultry-breed-
ing " a science," commenced with the importation of
the gigantic birds trom China which are now called
Cochin Chinas by some, Shanghaes by others. Thep
birds did not at first find favour with old-faohioned
poultry breeders: but when they did start they cane
in with a tremendous rush and swept all before them.
The perfect Cochin, of which not less than eight
admirable representations in white bull and partridge
mottle are given in the book before us, are certainly not
equal in beauty to other breeds with which we are
more familiar. The cock is not to be compared to
the Spanish, and neither cock nor hen is so hand-
some as the Dorking. So, too, there are several
familiar breeds which lay more retpiently, and i/oth
Dorking and Spanish lay larger eggs ; but, coesi-
dering the qualities desirable •in terming stock
—that is to say, early maturity, weight,
prolificness, hardiness of co rim it 4: tame-
ness of disposition, and aptitude to fatten,
the Cochin is the best fowl ever yet introduced to
the notice of the farmer's wife. It is, in tact, the
short horn of the poultry-yard, superior 'to the
Dorking in one point only, but that a very, impor-
tant point—constitution. At least 10 per cent.more
Cochin chickens than Dorkiag,s can be raised out of
equal numbers under the saure,circumstances. But
on a dry soil, in a warm climate, where consump-
tion is unknowe, the Dorking is perhaps the better
bird.
Independentlyof the advantage we have gained by
the introduction of the Cochin to oue.poaltry-yard,
in getting pullets which at 12 weeks will weigh from
four to six pounds, and cockrels one-third there,: the
present poultry mania has caused a close study of
the merits and habits of all tenants of the pou,ttry
yard, including turkeys, ducks, and geese. In the
breeds of the three last great improvements have
been made.
A swarm of book. are daily issuing from the press
in which we have the experience of poultry breeders
of every county and every class of society. Peers
and peeresses, clergymen, barristers, even attorneys,
enter with zeal into this innocent agricultural.pur-
suit, and contest prizes with farmers and profes-
sionals with as much zeal as if it were for " the blue
riband of the turf." Among these numerous publica-
tions, by far the most splendid is thet iseueLby Mr.
Orr. The illustrations, drawn fromlife by Mr,Harrison
Weir, are printed, by a new patent poootsais ehsomo-
lithography, with extraordinary Infect-Se. The...por-
traits of the white cock. the buff hen, of the gigantic
Toulouse geese, and the pos.oopk, erg equal to fine
water colours, and would alone, five years ago, have
cost more than the price the whole #01090,110W sells
for. The letterpress is extremely valuable, containing,
as it does, the experience of one of the editors, the
Rev. W. Wingfield, of Captain Hornby, Messes. Stur-
geon and Punchard, " Fuirlie," Bond, Aheter; and
other eminent poultry breeders, given in their own
words, with dates and figures. But there our praise
-flint end.

MR. ROEBUCK, AL P.. •

- 4.-

The Mayor of Sheffield has received the following
letter from Mr. ftivebuck,in reply to,an invititinn to attend
a soiree of the Mechanics' Library :

hilltop, Oct. 31,1E453.

"My Dear Sir,—l am sorry to say no to any request of
yours, but as my great object is now to take my place in the
House of Common. next year. I rigidly of every rule
of conduct prescribed to me, by which•l em told 1 shall be
able to obtain my wish. Among other things, all excite-
ment is forbidden ; and I was tilansed for making my ap-
pearance at the Cutlers' feast. AU speaking and public
ineetings are especially prose-tilted; stela am ordered to
be as quiet and calm as my Were will per-
mit. To be absent from your gathering will be to me
a subject of great regret. lay this sincerely, Rod without
affectation. Education has ever been with me a subject of
the greatest interest. My first efforts a. a public men were
to promote it, and my last wishes will be in its favour. All
other subjects in comparison with it appear to me insignifi-
cant, and could I tee the people of this country once im-
pressed with a due sense of its importacce, I should then
have no tear as to our future. But at present I see sectarian
at.hdatitt h„rasieektuvpooquidtilvai-t
appears better than
y
nTghose people seem to
sdatlneil,offe creed angesermi
forget
ttchititrffwadembnrs grogt:fhioefai rtrolyaPl improvement;remsieathoenfgie r ef interestse
rweyntfit
sects
of
England
btus
is the same, and that a man may be honest and a good
citizen, no matter to what sect he belongs. BOL:the fact
is that it is not religious belief that steeds in our way so
unich as human pride. What is feared is the top of power,
not error in b. lief. But whatever may be the cause of op-
position, the ',opinion itself. to all attempts at legislative
aid in support el education;is at the piesent time so for-
midable as really to be a eomPlete obstruction. I 4 this state
of things I lota upon mechanics' ieetitutions a; u utral
ground, and one of our chief means of .ealiii.lling the
people. By this means the people will, I hope, 'be able to
do tor themselves what the state ought to do for them, and
they therefore have my warmest .support.„ *gain l say,
would that I ceu'il be with you ; hut my first 'duty is to Ott
again, if posaibie. to earliament-to that I melee everythiug
yield ; and I titers fore most raluctantly deny myself the
pleasure of being at your soiree. I.hupe this my excuse will
appear to you sufficient, and that yawed/ not think me
lukewarm in the good cause.—Beliere ois,rery truly yours,
J. A. Bonnet:L.—W. A. Ilattharis, Eq., Mayor, Jct."

1

SPuIiTING.

LIVEItPOOL Al -IL:NIX MEETING.
PROGRAMME OF THE SPORT.
ritenuav—llaia hErTON NA N bil:Ar.
C1'011215 Wactza Cur (in specie) of 50 lova, added to
a SWOOPetak, •of 10 sows. each, hlx Penalties fur winners.
tiantleenen Ti-fen, professionals Sibs extra. One mile and
a half. (22 tabs)
Age et lb Age iit lb
Humborough .. 6 11 7 Montague a 10 6
'I he Red Liou.. 4 11 7 Mileote
Titterstone (it b) 5 11 4 Orpheus
Alonzo
Sir Hobert .... 6 10 12 Massa Mimic~
Chaseawsy .... 3 10 12 The Lit of Blue 4 10 2
Maidstone 4 10 12 11,muaerator .. 8 910
Warwick
ltiab(h Is) 6 10 S Defiance
Lerry wheat .... 4 14) S 1 T ,wer
Surveyor
3 9 0
Sarros AVICMN 11.sx war of 3 soy.. each, with 200
added. Penalties for winners; the second to receive Y 5,
ewe., and the third 10 Mts. out of the stakes. One mile
and three-quarters. (•i5 sults.)
Age it lb I et lb
Ooldfinder
The lied Lion .. 4 8 2 Audubon
Haricot
The Little Peen 4 7 6 Missive
Lough Bawn .... i 7 6 Whalebone
Maidstone
The Indian War. ' WaterfaU
r ior
Lerrywheut .... 4 7 4: Ann Eliza
Goorkah 3 7 31 Mr. Sykes
Calot ....
Maid of Team I Battery
Valley a 612 . April Fool 3 510
Sphynx ... .... 4 612 Pastrycook 3 6 8
Grapeshot
Merry Bird 4 610 Rachetee 4 5 8
Allegro
bf by Gameboy— Itosalba
Maid of Montan 3 610 Pride
Radcliffe Heroin. br f by St. Leon-
101b extra).... 3 610 Thalia 3 5 6
Speed the Plough 3 6 8 Paddy Carey 3 5 6
Crusader
The General
Candlewick
St. Michael 4 6 61Carsio
The Bit of Blue.. 1 6 6lb e by Fitz-Allen
Iwo
Capt. Cornish
Annie Sutherland 3 6 6 Angelo
Uuicowar
Defiance 3 6 6
'Prim HANDICAP of 5 govt. each, with 40 added, for 2 yr-
olds. Winners of any race after the publication of the
weights, 51h. extra. The second to receive 10 son.. and
the third to save his stake. One mile. (12 cube.)
et lb et lb
Barrel 8 7 Beddicot 7 8
The Queen's Own .. 8 4 Diligent
Brown Brandy 8 0 Monimia 7
Bridesmaid 7 12 Andromache 7 4
Adelaide 7 12 Ariel
Commodore Charley.. 7 12 Prefewror Buck . 7 2
Merry Monk 7 12 Tee Oem
Robin Hood
The Jealous One .... 7 10 Blame 7 0
Sore ode Hero .... 7 10 Czarina
Jonathan Martin . . 710 Juliet
ant.Litto Race of 5 son. each, with 30 toes. added, for
ail ages. T.Y C.—To close and name at seven o'clock this
day (Monday.)

111711491 L 4

wanwasoar—LITEILVOOL AUTCYN HANDICAP.
OPTIONAL BILLINO STAINS of 6 saes. each. with 30
lova. addad. Oae mile.—To does sad name at seven o'clock
es Tnesday *resin,
At. PLATS (fluidicap) of 70 seas. for all eps.
♦ winner of any handicap after the publication of the
widens, 61h. cars. Any number of horses, the property of
the same owner or his coafederate, may ran for this plate.
Ose ode. (49 subs.)
Ap st lb
The Rod Lion 4 8 7
Akan 6 712
Leash Baton— 5 7 8
?literates* 5 7 8
The Little Few 5 7 6
Leery *beat
°widish 3 7 6
Colas
Warwick 6 7 2

be fbj Oeseeboy
—Maid of Wal-
ton
3

Mayday
Gaylad
Taw fierverpr
Meeas 4
Garnet ... 3
Mit ( It b)
The Bit of Slim . 4
Jassy 3
Amain Sutherland 3
Gonadal 6
its.., .. • .
Naag Martiasoa 4
Tiro Hatchet
Timethass 6
Saimaa 4

Ago et lb
Collier 4 6 0
Killarney
Mimeo
Maid of Golborao 3 6 12
Twig
Otorfy
Altaia 3 610
Maria Bell (ind
bib earn)
Madeline
hr g by the Ugly
Back
Miss Peddle

Guy. -- -- - - 3
Owes Tammy 3
Paolgesek 3
br f by Di. Loa-
-3
1 gehallaDonas

Err .."
Cabin Boy 3
Flida
MargarotolAolook 3
Miae►ta 3

Dills's, 2
Gabriel
Adelaide 2

5 9
5 8

5 8'
6 8
6 8
8 8
3 8

Ltvnaroot. Marcus h...
scum, added to a sweepstakes
say steeplechase after the ru'
dear vales of 100 sows., sth
stirs, bat not to be seem:isle
20 son. out of the stake,. AI
Age. st. lb. '
Stratton (in. Blb
es)
Omar • 11 3 I
Vaiabope • 11
British Yeoman a 10 121
Miss Mowbray a 10 10
Needwood
Abd-el-Kad: r
The Geueral
Simple Peter
Dapkas..
Hisaleader .... 6 10 0 Hate.
Thirkleby 6 10 0 Wiyal Blue .... a 2
Tomboy
Visuals
The Pressler .. • 910 i Min Pardon
Sir Philip 6 9 101 Crabhe
Marie Day .... • 98. The Dwarf
Meade( the West • 9 6' Labyrinth 6 10
SaLuso Srsals of sseve each, with 30 added. T.T.C.
To class and names Tseeday evening, at 7 o'clock.
SCOINT HANDICAP of 3 sow.. earn, with 20 added, for
all egos. Half • mils. To close and name at 7 o'clock on
Tuesday evening.

of 100
son. each. A winner of
._cation of the weights of the
; of 200 sore. or asore, 81b
_itive. The second to receive
thr.e miles. (36 subs.)
Ago. K.l
Viscount
Guinan
Now or Never a 9 6
The Farmer a 9 6
D?are.t Mae
Dolly's Brae 6 9 6
Topsy
Spring
Ruben. a 9 4

HUNTING APPOLNTMENTB.

Addition! Warn rocoiridind our Int publics*. t

Bea Y. NU" Tuesday, Good EaMer—at tall.pist 11.

albrlghteo, Tuesday, armies Gate; Monday, Wkittisseres ;
ardor. Blabieford-ar haltgast Id.
Osolwidgesalm, Friday, Long iiitant•n--at hstf.past 10.
Kr. Calyees, Tneid.sy, /be Bower Faris; faraday, ;
Matardal, llessitsa Grant-Kbalt.gest
Conway Darks's, Tuesday, Harrington; Friday, Yissa-at
put 10.
Last roes, Tuesday. Panb.Belshamp Hall; funds& Mama
Hall; Batruday, Panerld Green-at halt•wat 10.
Earl Fltswidisia's, Wednesday, I,igetos Village; Maw, Darre-
well Wald-at 10.
P. FL. isekeyrner Bridge; Friday, Croft West-al bal4lia 111.
Herekedskire, TossiLiy, Cornet's Drily; Friday, Wldtteld-at
ball. pot 10.
Honky (Mr. Lowe's), Friday, Stanton Gale-at a quarter be.
fore 11.
Borwertb. Tuesday, Whoa Village; Satardsy, Oak Teas
at baltpast 10.
Ludlow. Tuesday. Bather Comma; Friday, Staunton Lary-ag
hall-put at.
Sew Forest, Welneeday, Eighth Mintess on the Romney Road ;
Friday, Bill Toy Gat.-at balt nut 10.
Poet\ Oziordshire, Tisesd.y, Stow WOW Friday, rime-at
ball4lo.
(puts of Clesrilande), Wednesday, Winston Bridge; Friday,
DliYMsa Tyas -at half.past 10.
Ilsineesst thitise.lotiort. Tuesday, Vilap ; Friday, Bran*.
half.post 10.
lad isimatines. Wednesday, Wissiim ; Friday, Aatwell Mill;
Bleartasg, amag.,4l-... 11.
V. w. a., Tumid ly. ; Tburiday, Cbarlos Park ; Sa.
Orb& Mawr nous., Leeltlade-at a grunter before I.
ellyaKaig, Tues.iay, liargaiord; Friday, Spoostaill-st half.
pad a.
*WA Wllta, Tuesday, lintbleigb ; Fr:el ty, Old Wardour Castse-
ail 11.
Tort sad Mut', Tuesday. Nun Appietaa; mar min, Skip Bridge;
Saturday, Melbcurar -at hall net lu.

Broeside, Thunatir, Telossebe Tye, a: f•past 10.
Cawthorn', Thursday, High Hoyle:id —at Lab pet In.
Craven (Yorkshire!, Tuesday, @sedan Moor Friday, @nodes
Moor Head—at 11.
Mr. Evens's, Tuesday, @seethe Ogboarae, at. Andrew; Or
today, Clew Meade, Atratton—at a quirts before 11.
Lord LevisdabenTlioraday, Ten reed—at 12.
WO Pak, Tuesday, Newhaven lotus; Thursday, Haelstoes
Uwe Mid; Saturday, Fatileybay wharf—at 11.
01 Beassaris), Tursdsy, Hunting Home; Thum
4114=1.1. (dear, -at • ginner tefrore 1.
, Tuesday. Ban 11111 Farms ; Friday,
N.
Andover Boad--at
g, Tuesday, Muathas ; Saturday, Steep Down—at 11.

voTDuire of Buecleuclel. Mated* 11o,n ;
turdar, Climel—at half•
ir.ei
da
Lialitlrrow sad 4•lrliagratire, litc•edsy. Cumber:add HOUK ;
Illotardsy, Clifton Ka". Ihslf-port
Lard Wesdra,o4. 31 °whir, Carer ; Tetesday, lord Bridle;
Weilas•lmr. Loortfortrtaces ; Friday, War , satur.aly.Ltdildrk— dt
lialtira 10.

Saslskllles Club, Ttreiey,Vvetli;iekley, eesult —at 11.
Lest/a. Terry. Jullanetows ; T a daf, Bellererra ; eater(ll,
Crawlers—et lee Mrs 11.
asslek awe, /wary. seaven ; vriday. cowboy—at U.
SIALTINVI.
Telsoseers. WeSselley, Comfy C.etle; Salerlq, Nati Lori ea
the OfterCesel (deesl—et
Uri (Crime), Friday, Illisestows —et 11.

DANTE.—The Cititta Casltolira of Genoa annosaess
that s sag by Dania, hitherto an ablisbed, has bees Mai
ia Ss Ong el Pdase , it low.

Law Inteiligenct.

EQUITY COUR'

Marais Tux WAD CAAPCILLOA.
IMOD v. startixolisse, woLvanitsltsvos, AND STOUR
VALLIT IAILWAT COY
Tbis is an appeal from &decree of Vice-Chaneellor Stuart.
A b 11 was lied by Mr. Inge against the above company for
special performance of an agreement for the purchase of
land in the town of Birmingham for the purposes of the
railway. In June, ISIS, an arrangement wee entered into
for the purchase of • small piece of land belonging to Mr.
loge for the sum of 1,4001. This land was part of a lease-
hold estate held by Mr. Inge for 99 years, under a lease
dated in 1772, at a rental of 331. 131. per annum. In con-
si queue of the improvement in the town of Birmingham,
this property will at the expiration of the term be of
the value of 20,0901. The company considera-
tion of the sum of 1,5001., claimed not only the
piece of lacd required for the purpose• of their line,
but also the rent of the whole property, !ix., 321.135. per an-
num, and declined to receive such an apportionment of the
rent as would be payable for that small part of the land
which they had actually purchased. This was the point in
contest between the parties, and the question turned mainly'
as to whether the e of the interest powered by Mr.
Inge had been properly described to the solicitors of the
company. Mr. Inge tiled his bill for a specific performance
of the agreement for the purchase of the land with the ap-
portioned rent only, and the Vice-Chancellor made a decree
in his favour. The present appeal was then brought.
Mr. Malin and Mr. Spooner appeared in support of the
decree. The Solicitor•tieneral„ Mr. Bacon, and Mr. Bpeod
were for the company.
The cam was not concluded when the court rose. no
arguments will be continued on Tuesday nest.

COURT OF QUEEN'S BENCIL-SATUSDAY.

—DISOCALIFICATION FOS ELIE
OFFICE 07 MATO*.
This was an action brought by a burgess of Southampton
against the mayor of that borough, to recover 501. penalty,
which he was said to have ;ncurred ander the Municipal Cor-
porations Act, the sth and 691 William IV., c. 76, by hold-
ing the office of mayor while he was disqualified by having
an interest in a contract with the town council. On the
trial before Mr. Justice Tialroned at the last Hampshire as.
sixes, the verdict was entered for the plaintiff.
Mr. Serjeant Kinglake, pursuant to leave reserved, now
moved for a rule to enter a nonvult. The ground upon
which the action was brought was that Mr. Lancaster had
in HMO, with some other town councillors, become the as-
signee of a contract originally made with a Mr. Collier, for
resupply of Southampton with water. In 1846 the con-
temn was transferred to the water commiesionen of the
lliessegh, who were to pay 4,0001. on the surrender of the
works, and &Di when a certain quantity of water should
have been supplied to the town in 24 hours. The interest
of the commissioners was subsequently transferred to the
local board of health, the town council, of which the de•
fendant was a member. He contended t' at this was not a
contract within the meaning of the Municipal Corporations
Act so as to disqualify Mr. Lancaster from acting as mayor.
The Court granted a rule nisi.
WAILEIZOTON C. ZAZLET.—ALTERING A DILL 07 ZI-

L—BILPOILI LOUD Lt. 4tl JCPLICSII COLA.
MOOR, WIGIITIdaII, IMD EILI.

IV at *.

CHINON.
This was as action on a proiniuory seta for 1,0001. The
de&ndasit, amongst other things, pleaded that, subsequent
to the making of the note, a material alteration hid been
made in it by the substitution of 6 instead of 6 per cent. as
the interest which it was to bear. On the trial Mr. Justice
Crompton had directed the verdict on the above plea to be
entered for the defendant.
Mr. Keating now moved for a rule nisi to enter the ver-
dict for the plaintiff. The only point was, whether the
alteration was so material as to release the defendant, as
maker of the note, from hies liability.
The Court took time to consider its decision.

TOSTIII O. TRU MENTOR INSURANCE COMPANT..—INSCR-
MICE ON COVNT D'ORSAT'S LITE.
This was en action brought by the representative of the
Britannia Mutual Inenrance Company against the defend-
ants to recover 1,8001., the amount of a policy of insurance
effected by them epos the it, of the late Count D'Orsay.
On the trial before Lord Campbell at Guildhall the jury
found a verdict for the plaintiff.
The Attorney-General now moved fora rule aid to eater
• noneuit es the ground of asisdieection. It appeared that
in 1844 the Britsania Company effected an Warsaw" epos
the life of CountHOrsay for 4,8001. The company ember-
otiosely came to a resolution net to Insure say ON life for a
larger amount than 3,0001., and eadeavoured to transfer Ave
insurances which they had already elected exceeding that
sum to other dims ; ono of the was *pea the life of the
Duke of Beaufort, end as his gnu was then masidered a
bad life they bad some ditBeulty I. getting rid of it. The
defindeats company ultimately agreed to take the excess
beyond 3,0001. upon all the ilvelives, and swag the papers
which were transferred to this. by the Britannia Cosa-
perry was the declaretloe made by Coast D'Orsay, when the
original insurance was effected, that he was not at that time
suffering under any disease likely to cause death. Upon
the death of Count D'Orsay it appeared that at the time of
the transfer to the defendant' he was suffering under a
disease of that description. He (the Attorney•General)'
now submitted that his lordship ought to have noasuited the
plaintiff, as the declaration ought to be considered as
having bees made by the Britannia Company at the time
of the transfer. It was not denied that they were at that
time ignorant of the change in Count D'Ormay's health.
The court granted a rule aiaL

COURT OF EXCHEQUER.—BATtraDAt.
UMW@ Of IILOCO.-111101111 TO SEM RAMO, XL MSC* mis.
ma. imam. Awassox, APO XL Wail MATT.
MD V. INJUIT.—INTANOUS CONDUCT

OF AN ATTORNEY.
This was an action tried at the last assizes for the county
of Kent, when the plaintiff was nos.suited. The plaintiff
was a poor man, Irving at Greenwich, who travelled to
neighbouring places to sell ginger beer. On the night in
question he was returning trom Deptford to Oreeziwich,
with a large hand barrow, and when about midway be met
a cart belonging to the defendant, a carrier at Woolwich,
behind which one of the defendant's horses was being
ridden by a boy, who Dad been permitted to mount it by
the driver of the cut. The vehicle moved out of the plain-
tiff's way, but the hone which was following it, went
straight on, and, corning in outset with the plaintiff, threw
him down, crushed several of his ribs and otherwise severely
mutilated his body. The declaration alleged that the " de-
fendant's servant negligently directed and drove the
horse ;" and as it was not proved that the boy who
rods it was in the defendant's employ, the learned
judge before whom the case was tried directed a nonsuit.
Kr. Ekrjeant tibes now moved for a rule to set aside the
nonsuit, and for a new trial ; and urged that the man who
had charge of the cart, and who was the defendant's ser-
vant, was responsible for the accident, which he might have
prevented by tying the horse, as he ought to have done, be-
hind the cart. The injuries which the poor man bad sus-
tained were of a dreadful character; and to add to kis
misery, he was taken in execution after the trial, and SW
veyed. almost in a dying state, to the gaol at Maidstone.
The Chief Baron said it was one of the most unchristian
and cruel things he had ever heard of. The matter came
before him at Chambers, and it appeared that this act of
barbarity was perpetrated by the attorney, with a view to
compel the poor man to consent to some arrangement. He
was sorry to say that the court um no reason to set aside
the nensuit.
ga. Rule refused.