The Express.
London, England, 1853-12-15 00:00:00

r. THE AVI,TII%I.IAN 140 TILL MAIL %MAX NATIOA-

TION CoMPANV.—EItZ TOTAGZ Ot TIII4 satunentez.
The Attorney General, Sir F. Thesiger, and Mr. Hayes
appeared for the plaintiff. Mr. Seirjeant Byies, with Mr.
Duvall, represented the defendants.
This an action brought by Capt. Co:, the commander
of the ste.ui•vi.sel the Melbourne, the history of which is
now so well known, to recover 4001., the amount of
to which he u weld have been entitled if he had
a ith the .hip to Australia, and aloe for damages or hie im-
proper &idealise' at Lisbon. The defendants pleaded, is
substance, that the plsintiff had been dismissed because he
was incompetent to discharge his duties.
The Attorney•Oeneral opened the case, and related in
considerehle detail all the disasters which betel the Mel-
bourne, from the time of her being purchased from the Ad-
miralty by Mr. Scott Russell, up to the time when she was
obliged to put into Lisbon, in order to show that Capt. Co:
hail done everything he could to ensure the safety of the
ship and th, comfort of the passengers.
Before the learned counsel had concluded his opening
statement, an image ment was effected between the parties,
that a verdict should be entered for the plaintiff for 400/.
The AttornerGetaral observed that his client had come
into COW'', not merely fur the purpose of obtaining the
money, but also in order to vindicate his character. The
ctimpse.y had dismissed him at Lisbon without assigning
any cause for so doing, and he had brought this action.
Their answer Ind been that they were justified is Meanies
ing him on account of his incompetence. He had stated to
them the circumstances out of which the action arose and
they might judge whether there was any foundation for the
charge. The company were now willing that the verdict
should be entered for the plaintiff for 4004 This was all is
point of money that the plaintiff could claim, bet hie
learned Mend must be taken by. this sorbet to have ad-
mitted that he could not aural° the plea of Mamma-
tame and misconduct, and his client's object was therefore
ensnared

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Mr. Serjeant ISyles was happy to be able to release the
jury from such a long and palatal inquiry as this must
are been. Ile had felt that the company might have •
difficulty in proving the plea they bad put on the record,
but the jury must remember they had now ouly beard one
side, and they mast not attach too much credit to an en
parte statement.
Lord Campbell—l abstain from making the slightest re-
flection on the conduct of the company, but I think it should
be understood that Captain Con is a skilful, attimtiee, and

Verdict fur the phuottff for 4001.
TUC MAYON. AND CODFUNATION OF LONDON V. DODO/If:.

ALLEOZD MISCONDUCT OP A STOCILDROICIA.
The Attorney-General, with Mr. H.Hill and Mr. Pollock,
appeared for the plaintiff', Mr. Serjeant Wilkins, with
Mr..llrartwell and Mr. Hawkins, for the defendant.

This was an action to recover 1,0301., brought upon a
bend by which the defendant had undertaken to perform the
duties of a broker of the City of London inn proper manner,
without trend or deceit, to keep a broker's book, and not to
make any profit out of the transactions in which he might
be engaged as broker, except the usual broker's eontesie-
sloe. It was alleged that the defendant had broken this
bond, by his conduct in a transaction with Capt. Inglefield,
R.N. The defendant pleaded several pleas, denying in
substance that he had acted fraudulently or improperly.
It appeared from the statement of Capt. Inglefield, who
wee the tint witness for the plaintiffs, that at the beginning
of May, Itcif, he went into the City in order to purchase
some shares in the South Australian Copper Mining Can-
gay, and as he was looking for the offices of the company
he was accosted by a person named Wilke, who, having
ascertained his business, handed him a card of the deka.
dent's, who is a stockbroker. He went to the office of the
company, but not having berm. able to obtain the shares he
wanted, as he was unknown to the directors, he came oat,
when he again met Mr. Wilke, who took him to the derma-
dent's office. at 2, Copthsll-court. The defendant being
given to understand that Captain Inglefield was desirous
of purchasisig share* in the company, was asked by Captain
Inglefield to find out their market price. He accordingly
went out, and shortly Afterwards returned with the infor-
mation that they were it premium and rising. After some
further conversation, Capt. Inglefield gave the defendant a
written order to procure 2,000 shares at the market Dries.
Ile then left the office. and on the !ollowing day went beck
and saw the defeuient, who said he had obtained 1,900
chimes, and that he would ciAtain the other 100 for the next
account. He gave a written statement of the prices he had
paid, from which it appeared that the shartnost altogether,
including commission, the sum of 3,026 f. de. The last 100
shares were to cost Vii 1. IN. Capt. Inglefield gave direc-
tions to the defendant to sell out some government stock,
in order to make up this amount, for which he gave the de-
fendant two cheques, and the scrip was delivered to him in
the usual coarse. Roan afterwards Capt. Inglefield went on
a voyage to the Arctic regions, from which he returned on
the 10th Nov., 1842, when he joined the direction of the
company, at the suggestion of h s solicitor, who was also
the solicitor to the company. Upon seeing their papers and
. book. he had reason to believe that the shares bad not been
purchased in the market, but from the directors, sad he
therefore directed inquiries to be instituted. In May last
he went again to the Arctic regions, in command of the ex-
pedition of three ships then despatched by the governmest,
and on his return these proceedings were commenced. From
the statement of Mr. Armitage, one of the directors of the
ccaspasy, it appeared that the defendant had jvaid him tor
1,700 shares by a cheque for 3,028 i. Is., sad he had retained
681111. 18,., that being the difference between the price actu-
ally road by the defendant sad the Wee he had charred
Cot Logleile:‘ The ottOroroboese had boss allotted to
the toesadeeis Weal/ * spsaidshosa to Capt.
ibid. The Court of had ben petitioned, sod,
:=ALIV bod dm IMM. divined OM action to be
also commenced aa action
wenn the whin had been referred to arbitra-
ties, owl Mil en yet bees decided.
TM tislimierre nossat of the transaction was, that when
Capt. bed nee to his office, he had warned him
agaiss=lasimon • bet finding he was bent on boyiew
them, be had ganolk Capt. Inglefield's consent, to a Mr.
Murray, who bad he would take 20s. premium on 2,000
shares. He had nes wished to give up the business. as the
shame weld miner be obtained is the market nor from Mr.
Murray i bet b• tris " Simst
perhapscue of the directors
dhitYlidat wzmt
ixesmer ef the market fer their ia-
lei Capt. lighliel4 speed te this esisse