The Express.
London, England, 1851-08-19 00:00:00

Lam fateittynce.

11ANK1tUPTCV (•t)CHT.
Tut STJlittlillol.l; urrrt BA,x.
TIM WlPilatiptt, M.
alto WINAge, came up in
to 0114111, :it Bng yesorilay, on thsir
lat examination ; but the halal:cc-sheet not btitig nasty an
adjournment took place for two months. Further proofs of
di tits against the Bronisernie Bank were admitttheed amoun-
ting to about 10,000/., including I,IOUI. from British
Alkali Company. It is understood that a very heavy claim
from this concern will be made against the Stourbridge
branch, but that it will be contested.

ASSIZE INTELLIGENCE
WESTERN ClRCUlT.—Bgiffat., Ara. 18.
Serous DWI news Js'tttl funnnt Ann A Srectii. Jens.
Fowl.ta r. trtiraT WasTensl RattwaX%PAST.
This was an action to recover the value of certain goods
damaged by the defendants in carriage, and compensation
for lons of time which the plaintiff had in Co sus-
tained.
The declaration stated that the defendants were common
carriers, and had undertaken to carry a box containing a
variety of articles, from Bristol to London; that they (lid
not use due care and diligence in the carriage, but let the
box fall when.hy the articles sustained damage.
The company ph.a.led ten plea.. I. That they were not
guilty. 2, That the goods were nut delivered as alleged.
3. That the liability of the Company was limited to goods of
and under the value of 101. 4. That the goods were re-
ceived on condition that the defendants would not be an-
swersble for the safe carriage of glass articles of a slight na-
ture. S. That they were reecie•al under a contract that the
company would not be answerable far the sale carriage of
package, improperly packed. 6. That they were received i
under a condition that the defend:inn, would not be answer-
able fur the damage of articles liable by breaking to damage
each other. 7. They denied the delivery of the goods to
be rcalclivered. g. They denied that a reanonahlt time
bad elapsed for the rcatelivcry. 9. They denied that there
bail been any re,luunt for the redelivery. 10. They denied
that the plaintiff li al b. en pooee"led of the gouda.
Mr. eicriesnt Kinglake 'deed the ease. The plaintiff
Mr. Finale. was a eelltleman of rc.pec•nbiliti and slues-1
lion, who formerly reddest in the city of Wells, but who
wan now cemented in purnuits of a philosophical nature, and
be had hes n compelled to bring hin action moiled the clan-
pany to procure redress for the injuries he bad sustained
through the carelessness of th, it Pert Ant, by which some of
bin philosophical apparatus haul been shotroyesl„.and himself
subjected to pecuniary lons through lainr ileprivi•d of their
use. Mr. Forks haul used every effort ill hi. power to in-
duce the company to give him redre.. but without effect
Ile bad done all in his power to avoid litigation
but without affect. The plaintiff wan, as he load raid, a
gentleman of orientate habit., and pursuits, his taste had
led him to the investura,i,in of a variety of objects, and he
went about the country delivering lecture., carrying with
him a variety of philowiphical apparatus which he employed
in the illustration of hi, iiiscourses. In the spring of this
yen he had lictureil at Liverpool add in varioun parts at
N't shs, and no hi. way back to London he came to the city
of Iliotol. The geed. in etas stion were made up into pack-
Agee, five in nunals r, and were aahlresaed " Mr. Fowlers
itriimpion --glue with can.." Tbic puke
ages were delivered at the railway station in Temple Wanda,
Bristol, on the Id of May, end 10.. ltd. were paid for the
carriage of them. On this following Saturday, the 3rd of
May, the railway cart containing the anal* arrived at
Brampton, and the carter in unloading it I. t one of the
packages fall, and the articles which it contained were either
birdies or oils. raise dam wed. The plaintiff, un the fol-
lowing ngTuassli,aist to Paddington statism, and raw a
clerk, to whim) hew made his complaint, which he was told
should be laid before the directors, and be was desired to
call again. Ile did so, and wan asked what his claim
amounts.' to. 11, said that the damage to hif apparatus
was about and that he would take ten guineas more
for the hr hat sustained through being unable
to fill some e..untry engagements. lie Wan refetrell
thou to another clerk, and wan kilt dancing in
attenalanet about the station Isom fifty times, he was in-
form, il that it he wants, coma :strain and bring the hroken
art, Is • they would be Ito lit to Messrs. Itiekettn,
of Bri,lul,
who had mule them. to he repain IL The goods were ar-
ennleagly sat dew,. to Pichlinction as desired, hot after
waiting again a considerable time the plaintiff wan
übliaeol
to go to hi, elbow y. The pia:l46lre lane an a lecturer
had pp...m.1 for hum c•-stain • nit:uremia. in Wale., from
hi. inability to fulfil which ho had nu-trine ell c.0.d.,. rails.
lows 'I he tory bad doubtless hi ,usl of tlw Great Exhibi-
tion. which had fi:lol the wedd with wonder. In OM-
Meson with th it move:lows simbotaking was a celebrated
establishment conducted by M. Sayer, called the :tympa-
num. With a cal w too incr.... the attractionn of bin estab-
IShinent, 31. Sojet hot emir uf..l Ili. plaintiff to gist his
popular Leta us, :10.1 in particular to captain the philooiphy
of th.. amen- 'toe., lint the. damage d •to the appar nein
prevented he. fulfilling that entageenc pt, whereby he had
also AWAhiliSt II per ary lies. In under W pruetin. compere
'Atom f..r the 1.... which be (thus learned serjeamt) haul
endeavoured to St: trill, the prosent action was brought.
T• support the plaintiff . ease a number of wanes., were
Joork Vines, who had travelled with the plaintiff,
rosed the packing of the articles at Bristol and their
delisary at the railway station. 'I hey were properly parked.
Illusuld say that his one pareal a sesede.l 101. in value. Wit
Gros waited upon the railway authorities to procure an
useable arrangement, and two person.. came and looked at
Ole Ow article.. One sit thew raid lw was authorired to offer
6!., which plaudit]. n fused. Bill. had been penitent and
eireulited by the plaintiff Announcing lertare. in Waloll.
hie of th. se hills wan read, and excited much merriment
in court, from Ile language in which it wan couched. The
hr lure. yanks d to " make known the only true (rods to
pytaiioote elo hi/WWII the tango-ranee euirse,"
mid with regard to the profs ants he ended that it was his
plan to dispose of such duet," by applying it
in support of the objects named.
l'pois Clore A•aAllilliat KW, the Wallows said onc of the pack-
ages containeal a suit of ancient armour and nener4l experi-
mental artiehr 1, woody to tile illi.tritetiolit of youth• suck
as a ,mall gins .911, sprits, °al, lac., and one of buyer's
magic store..
A wit.. named Morgan demo d to various interviews
which plaintiff haul with the railway authorities. On one
wean.m wipe,. and plaintiff attereleil the board of direr
tors. The plaintiff mask. then a lung .pen ch detailing the
particular. of hen WO, Alla hr war asked h)' one of the
director. what hi. claimed. Ile said he hail not made up
his mind, and him and %rituals. were dirretisl to retire into
anothi r 1,10111 and emend( r. When they went buck they
saw the chairman and anodise director, and told him that
they cenoder,l the plaintiff's loss w. IOU!., but that they
would take prosaic' it wan paid at Ohre, and that a
rude Mart he WA. given him to teasel up and dIWII the rail-
way.
A boy named Oil,, at whose mother'. hour plaintiff •
stored that u hen the cares were brought the Carter
thn'w one of them slow n and rolled it over and over, and
that some cum. and *crews tell from it, and some liquid
ran out.
Mr. Butt then drew the attention of the Lord Chief-
Justice to the tans of the contract an indicated by the
printealparticulare on the back of the delivery note signed
to the plaintiff, and which particulars must be taken as
governing the contract. 'thee learned counsel also urged
several points of law upon which he considered that the
plaintiff must be non-suited.
Lord Campbell said he would take a note of the points,
bat he could not say that the rave was one which ought not
to KO to the jury for theiropiniou.
Mr. Butt said hi' bad submitted to his lordship sack
punt. of law as he conceived ware important to the care ;
nut only lllAtiriAl point of law, but material also an hear-
'
ing us the question of fact. The Great Western Company
had always deui,ll their liability to this gentleman, who, as
the jury had heard, carried on the prate...ion of magic to a
considerable witent lout in the °utast they were natured to
gine bin iiolulgent aassidileration, and (ruin feeling.
of litiOlAility to offer him a and reasonable rum. 'llic
company thil all th, y could to Vett cat this wntcheel
litiga-
ttnn, but the plaintiff hail gut into the hands of au atturni y.
They rent the article. to Moara. [ticket*. and Co. of Bristol
to be, repiired. They were repaired, and when they were
nreived back, they were offered to the plaintiff, but he
teluned to reoAvc them ; he said he wanted money, and
mono) he would hare, tor, said he on one °erosion, " I
want money to pros 00111 e He had gut into the rands
al his attorney. Pied :MO/. was naked, then and then
it was said he would take .his. but he would stand to that.
lie (Mr. Butt) should call evehnte to show that the com-
pel had nut been gudtv of any ue gligcnce, and he should
show that the articles 11.1 test been packed so securely as
they ought to have lwen packed, and that the CM` in which
they were Neatd we. a very improper ono in which to pack
such articles fur a journey.
A number of wild...aware then called on the part of the
defendaut.
Mr. 1,. Ilrahum, an optician of Bristol, deposed that the
plaintiff, who had bought a cosgie lantern of him, asked
him iii May hut to KO to hi. lodging at livistol to see a
picture of himself. Ile went as reqaenited, ain't saw the
ease of articles in course of packing ; there were glass
bottle., boons, and clothe., which were not pad ad as they
ought to be packed.
Sydney Ilevau and Thomas Bishop, porters on the rail-
way, de ?wooed that the p.wlcsircs were not injured schen re-
ceited at Moto' and l'adilingtou. Bishop added t hat one
of them was lamely poled, the curds being loon..
Samuel Cook, the carman to Mr. Shurrnan, who di-livers
for the ralways in London, stated that when he deli•vcreal
the pack igen he carried the in all up stairs excepting the
ease. When getting that out of the cart he put down the
tailboard, and carted the package down as ninth as possible.
Re then took hold of one end of it, and a boy who was wit
him took hold of the other, and they lilted it into Ow,
passage of the house. It did not fall from the cart at all.
nor vi.o it rolled oven and over. Witness was not aware of
any violence being done to it, nor did It Mika violeatly in
touching the ground.
Crow-examined-1 saw no liquid of any kind run from
it, nor any coins drop from it.
Mr. John Drew, Superintendent of the Criegrui 'a good
depart= nt,said when the plaintiff called and that
he had a package of flaw Waken he at esee him that
the emenany was tot liable. but :hat ha yeti rod sad
have it inspected. A sun of Ile was ealeweede awed the
plaintiff, but he amid ha Ikea Ile
afterward* sated WiL:=lll=bie weld Wee W.
deem other witnessing WOO IMMild M eappeee Me gong,
saes' plea, after which
demesne Kingisee replied ea the deferleara ease, eass-
tending. that although the easepeay had liresight a great
amber of vitaliser they had failed to beta deers We
Wines ease.
The Lead Chief Jartk• aemeleg ep, maid it wee
mach wbe messed *a a sees et es 4 kind saran

been brought down to a Bristol Assize, to engage the time
I and attention of a speiial jury. A ',mall sum might at one
thus have mottled it, and now it would enteil heavy eons nn
the parties. Cuns'ilerahla Maine, in this n•spect, rested in
the first in...tenet. on the d,•fcndants, who mittht hsve easily
'silken...it the roatt.r, an.l ultimately great blame f.ll unon
• the plaintiff, who, when the directors interfered certainly
I made en unreasonable proposition. lilts lordship then
went through the facts of the muse, and ktt it to the jury to
say if any, and to what changes the plaintiff was en-
I titled.
The jury after a short consultation returned a verdict for
the plaintiff—Damages, 45/.
This closed the as-iv., and his lordship, in taking leave,
bole testimony to the able manner in which the juries had
discharged their duty. From what he had seen and knew
of Bristol, it would afford
ahemiat pleasure to pay it
another, and he hoped not rvisit.

NORTHERN CIRCUIT.—LITERPOOL, AUG. 18.
Mr. Justice Williams took his seat in the Nisi Prins
Court at half-past 9, and immediately proceeded to the
trial of the cause
Wittvwoltrit r. Toe MANCHTATIIR. SHErrIELD, AND
LINCOLNKIIIIer RAILWAY COMPANY.
This was an action brought against the company by the
celebrated engineer, Mr. Joseph Whitworth, of Manchester,
to recover the sum of 6521. 35., balance of account for tools
and machines supplied to the locomotive department of the'
eastern portion of the line from the commencement of the
year ISI4S, until some time in April of the present year. I
The following are the facts of the ease. In the month of '
August, Dili, the company gave Mr. Whitworth an order
for oods, which were to he ready for deliverythe
rh
n ady prehviously
been furnished by Mr. Whitworth, in which the prices of
the various articles manufactured by him were set forth,
and under this sreitication the company gave their orders,
referring the plaintiff to their locomotive superintendent in
each We for further particulars.
Mr. Peacock, the officer referreZ to, hail ordered a com-
pound table, with transverse slides, to he added to a slotting
machine which had been previously ordered by the
try, and although the first order was completed and ready
fur delivery at the time stipulated, the company did not re-
move the goods for lucre than a year, after which various
other orders were given, making the total amount, with
interest claimed by the deb 'Want, 21.121. 3s. Mr. Whit-
worth, after repeatedly pressing for payment, and remind-
ing the company that his terms were explicitly stated to be
" net cash on delivery at his warehouse," was induced to
draw a hill of exchange on the company for 2,0001., on the
round that his account had not yet been examined, and
that the balance would he settled separately. At this time
there was no objection made to the charge for interest, nor
to the compound table ordered by Mr. Peacock. On the
arrival of the bid at maturity it was duly paid, and plain-
tiff applied fur the balance ; upon this the company objected
to the above items, and, after some ineffectu il negotiation,
the present action was brought. The company had paid
into court the sum of 6261. 6s. 9d. for the debt, and Is. for
costs. The question for the Pa./. therehne, was as to the
difference between the amount claimed and that paid into

court.
Mr. Watson, (LC., on behalf of the company, objected
that Peacock had no authority to hind the company, which
objection the barred judge n.servial for the opinion of the
court above, should the verdict turn on that point. As to
the demand for interest, that was a point entirely for the
jury ; and he urinal various arguments ii.4ainst the claim set
up by the plaintiff for interest from the time the goods
were ready for delivery, contending that the action in that
cam, should have horn ter non.areeptuncc.
Mr. Justire Williams thought this was also a question for
the jury, independent of the statute. Ile left it to the jury
to say, whether they were di. end to give interest, sup-
posing the law allowed it; and APO whether the silence of
the company in regard to that claim, until Mr. Whitworth
pressed for the balance, was an assent on their part to the
fairnessof the claim.
The jury found for the plaintiff for the full e.. mount, in-
cluding inters st.
Leave was given to the defendants to move the court
above to mine, the verdict by the amount of 221., ha that
portion of the goods ordered by Mr. Peacock, the locomo-
tive superintendent.
STATE. OF TIIE Asux Comm .-4n the COMIC of the
trial of the cause •• Whitworth, r. the Manchester, Shef-
field, and Lincolnshire Railway Company," the state of the
court became 110 oppressive that Mr. Serje.trit Wilkins, on
la half of the bar, requested his lordship to permit the doors
and windows to Io opened. The learned scrieunt said he
was alaint to ask for fresh air, but seeing that the corpora-
tion had thought proper to surround the courts with urinals
and decayed tan, the- idea of obtaining fresh air was ',repo*.
tennis. Certainly to those who are compelled to remain
all dal; in the atmosphere of these courts, the effect is
trenitly prejudicial to health.

NOICIII WALES ClltCUlT.—Clivares, Ava.
CIVIL M. Semite. INNIIMItV.
1%1.191 r. vile/MAHAN SPENCeII
Mr. Serjeant Junes sppeareal fur the plaintiff; Mr.
Webby and Mr. Evans Q.C., fur the defendant.
Mr. Serjeant Jones, in opening the Can', said the plaintiff,
Mr. Ralph Hulse, is a small freeholder in this county; he
has an income of between 20111. and hkell. a year. The de-
fendant, Mr. Tullemache, is a younger brother of one of
their ever. wntative. in parliament. Ile was in the army,
and having retircd from that resides at Dorf old. 5015 W
two or three miles from the residence of nay client. lie
now discharges the duties of a magistrate in his district.
The assault which [brined the eubject of this action
took place on Friday, the 11th of April, under
these circumstance Mr. Tollemache was riding along the
rural from hi. own house in the direction oil Mr. Iluleafe. On
the rued &police-officer in charge of a vagrant met Mr. Tolle-
mache and told hint his errand. Mr. Tullemache discharged
the vagrant with a reprimand. Shortly after passing the
poldesulticer, he arrived at a harm house belonging to a
person named Joseph Latham. The complainant had had
Oce:lmon to call at that form that forenoou, and the defendant,
riding by, saw him in the farm-yard, alighted ITOM his
bone. and, without any provoeation, went into Latham's
yard, and there committed the assault complained of. Rs
had his riding-whip, and with that he hit him on various
parts of hi. bolv. 'the cries. of the plaintiff brought Mrs.
Lanham out of the hoow. She would not be very willing to
give evidence against her landlord's brother. A conetahle
maw Mr. Tullemache RRo out of the faun-yard, followed by
the plaintiff. Mr. Tolletnachc's lip* quivered, and he was
evidently in a state of gnat excitement. In addition to the
eurges.u's bill (said the learned counsel) my clien: claims at I
your hands special damages for the expenses has been
put to is the wets"( the pnweedings against Mr. Tollemachc.
As soon as the plaintiff woo able to go out lie applied for a
Ipeserwarrant against Mr. Tullemache. The magistrate he
I applied to thought proper to refuse it. The consequence was
that my client apiwahel to the Court of Quen's Bench, and
obtained an attoliment from that court. The expenses of
going to London, to swear in person to the injuries received,
amounted to 15 guineas. The only defence I can at all an-
tnipate will be the ordinary one, which is to endeavour to
cast as much iodinate as they possible- can on the professional
gentleness emploied by the plaintiff. I feel confident that
nu obwrvation they may make will prevent you from dis-
charging your duty. It has Vern suggested to me that per
my friend maynly upon some provocation lung before
given I.y my client, in a letter written by him to some mem-
ber of the defendant's family. That would afford no justifi-
cation for the conduct which I have dewritted. I feel per-
fectly satisfied that the result will he such a. will teach
those who allow their paesions to get the better of their
judgment that they cannot inflict nay punishment they like
upon their poorer but equally respectable neighbours.
Mary Latham deposed that she saw Mr. 'follemache com-
ing in at the gate. Ile went up to Mr. Hulse, who was
standing by our buildings in the yard. Nobody else was
Mont. He etrick Mr. Ilulse with his hand or his whip,
I cannot say which. Ile lifted his hand again, and I
went to the house and shut the door. Both were gone when
I opened the door again. Ido not know what sort of a whip
he haul.
Mr. James Bollin.l, a medical man, living at Nantwich,
"AW the plaintiff at Mr. Jonee's (Mee in April last. lie sent
to consult me go a medical man. I founts a contused swell-
ing under his left eye, another over the right eye, and a
thinl below the ear, nut a fourth. inside the mouth. I sup-
posed the blow, had been given by a fist. They must have
been severe WOW, f lie one under the ear no doubt caused
much pain. I applied leeches. 1 sow him again on the
12th, 13th, and 11th of April. I ordered leeches three
times. My charge for the attendance urn. 2/. 16*. or 21. 171.
Cromexamiusi —llie skin was not broken. 1 gave him
some aperient medicine. I gave him medicine for a con-
siderable time atter I ceased to visit him. I know that the
leeches were applied the first time, Peeing I saw the
mark.. He sent to me daily for medicine for some time. I
took three jourus ys of three or four mill to his house.
Mr. James French examined.-1 am a surgeon, residing
at Winsford, tw lee or thirteen miles from Mr. Ilulse's resi-
dence. I saw him on the Pith of April last- I examined
the bruises. I thought they were the result of violence.
Mr. Balland's treatment was quite right.
Cross-examined.-- I was called in because Mr. Jones, the
attorney, wrote me a note to come over. 1 perfectly ap-
proves! of Mr. Holland's treatment.
Mr. Broughton examined.-1 act as magistrates' clerk in
the neighbourhood of Burlan.l. I remember an application
made to the lb.'s. J. Folliutt for a peace warrant against Mr.
Tullemache. That application was refused. Plaintiff then
stated his determination to go to the Court of Queen's
Bench. Mr. Jones is fond of making threats to the magis-
trates. 1 was also bail for Mr. Tullemache in the recogni-
Zaneel he entered into.
Mr. Or:en examined.-1 am a London agent for Mr.
Jones, the plaintiff s attorney. It was nezessary that the
plaintiff shouhal be in town to obtain the attachment from
the Court of Queen's Bench.
This evidence was objected to.
Mr. Jones—Surely, the coats of the journey to London
are as legitimate a. the doctor's bill.
The Judge—No. no; certainly not. The doctor's bill is
incident to the assault—this is not. I reject the evidence.
It is unimportant.
This closed the caw for the plaintiff.
Mr. Evans, in his opening speech for the defence, said—
The proceeding, which have been taken with a view to
swell these costs are monstrous. My friend having abown
that a black eye, s bruise on the other eye, and another on
his shoulder have been suffered by Mr. Hulse, Mr. Jones
sends a doctor from Nantwich to is office. They pretend
that they put 111 leeches upon him nudely him medicine fur
• fortaigeht. (Langhter.) Afterwards a journey of 14 miles is
mode foe enother medical man. A charge of 13 guineas is
sods for a Journey to London, which, it lie ruled, is out ad-
mineable. All this abowa what hands my client is in. There
are MOW easel. 1 regret to say, for which the law provides
no
rowdy. The conduct of this man Hulse has been more
vCaicking sad more irritating than anything you an well
' . Mr. Tolls/awns is sarriail to Miss Toskinsoa,
AM and Xiss I. Temkin's' raids with him et Morbid
Mall. TM sea Hula, STU siaalll4o, buboes writing