The Express.
London, England, 1858-07-06 00:00:00

, ririliO;ii
buraiVi

TILE EXPRESS, TUESDAY EVENING, JULY 6, 1858.

OM OUTS that whet defendant gave me was not Br um sake.
I have used Burnett'. Fluid is drains. It is in bottle. wry I
Itkn thaws in whiat Said erasers is put. I have been pat
to an expense of 201. by the ameident.
Cross-examined—lt the defendant had expressed one word ,
ofa 1 ehuld never have brought the action. lam not
I live with my mother and brother. She knows I
em out now. (Laughter.) lam in very good health. I
bad veal cutlet* for dinner on the day of the accident It
wee from a glare bottle that the def. udant took the fluid. I
took only one moathful. I swear I swallowed some. It
looked so like Auld mergers that I did not deter the &fa-
ros until I had tasted it. Barnett's Disinfecting F.tud is
of • yellow colour • but after standing for • time the upper
portion of the beetle broom dear. I rinsed my month two
or three times with water. I new called in Mr. Cocking
after. Os the 29th of March nry attorney wrote to him. 'I ho
writ was served on the lilt of Apt.
Emma Cutler, chombsrmal at Ms reedited Hotel, stated
that, what the plaintiff came bask ho resig his bell violently.
She west to his Arid him vomiting, sod apparently
IS =OW. Mb directs& few to nod for Dr. Oliver.
Varian, the waiter at the hotel, gave &oiler
Memos.
Mr. 3. T. Oliver said—l have known the plaintiff two or
three years. Whey I was celled in to attend him an the 20th
cl,Mardh bound hint vomiting. He appeared =ims
&
whittled. Ile was in • state of collapse, 'kin pale
hob* the throat was red, sad the stomach- bollamed. cams
to the oonclasion his statenowt was correct that he bad swal-
lowed some corrosive poisonous substance. Barastes laid
Is a solution of sine in hydrochloric arid. It is a paiaon. It
molars chkrid• of sine. His symptoms were orh r would
be prodnoed by chloride of zinc. I was very unser as to the
result for some time. I felt it was necasary to call In Dr.
Jertner. The plaintiff ter able to get out an the third day,
ibut he suffered at intervals for a fortnight. His symptoms
wall not bare been produced by Epsom salts. I rat to the
defendant that evening. I said a gentleman bad been there
and tarn Bureett's di.inferant instead of Said
magaria
Mr. Cocking hesitated for a moinest, and then said, " No.'
I thought I must have made a mistake as to the house. sad
left the shop. I went then main, scampered by Lieu-
tenant Whitebill. I then said there was no Warr. The de-
fendant said," Yes, he was here, bat it was Epsom WWI gave
him. The gentleman wits very nervous. Wnat he took could
not hurt him. Ha spat it up directly." I asked te use the
bottle. He showed me a bottle with a clean label and • clean
cork. marked " Purified Brum salta." I asked him
" Where is your liquid magnesia 1" Re said, "I do not
keep it." I err him to show Burnett's solution. He said
he had not got it, and never had sold it. I said the gentle-
ass hid bra very 111.
Crese-rambeed—Epsom rite I. • sulphate of magnesia.
Gel ritedleorira dilated with valor, would not rodeos the
gyrreres &Owed by the pike& He has aa straw •
slam& as most people. Ppm WM Wets have produced
vomiting, but not the other "Wpm. When I called on
Melting I thought his warm rather peculiar.
To the ladge—Finid wipe& Is at arid* well Wont In
,the trade, sad totally diadem* lbost Brew mite.
Dr. laser stated that when lo woo WWI in to stead the
symptom was web am wadi haw lson pro-
, deed by • &Mir palm Me livirieiSibly Fluid.
, They weaM not hew been maned by mils
Cramer—Sal ralMilo could not powlbsed the
maids( I taw. The pillodff. trim his siminoi, most hive
swallowed's& a tempostal et Darastes Said, with was
gedsoonsaBle poem quposse.
Dr. W haws M Domenico...wain UMW School,
Masi be sees we ame al psinaby by Detesd's fluid.
Mr. Dialsards' maple& es described were predsoly sizallar,
May seslf sot have been Forced by Epos mist am by
sal "elates is water.
_ _

Ilingemeng ifiliShill aocoropenied Dr. Olive to the de-
flerlames shop, and confirmed his moment of what took
plea
Kr. tlerjesat Thomas then proceeded to adders the jury
for the delkadnat. He said the action was one widdli sight
trus never to have bees brought. On the plaintiff's *bow-
ie( It would not have been brought but for seam truest
at some discourtesy on who defendant's part. It would
show that Mr. Cocking had acted with the greeter y
and kludisem, and hadralled to Ingalls far Mr. herds.
Mr. Cocking would mate he never bad mayellharnett's
laid in his establishment, that he bad gives the plaintiff
sulphate of magremia, that when the ?Weill!' came In he
asked for some coolie( draught, messily instancing fluid
m. is se one. It would farther be proved that HarneM's
bawl was never sent out in glrao-bottlee, but always is sine
jars.
At the clan of the Yarned esdesat's
aides. further
hearing of the ewe ass adjouned to Ode

COURT OF COMMON PLIAL—JuLy 6.
(likings in Isaws—Beibis Juniata Irmior and Wines.)
Tin min sot tins isiastag kr the of giving
=i is son whisking boss over far coon-
Tits Mowing von Myra
DONWITA V. IAIWOR.. _ _ _

Mr. hales Wise rid this walwagega td in-
=litert a rule had beta the
o show oars why As ' War
aver eats, netwithancidag the IMMltkialt The
geodes wee, whether the ow wee walla ,stem el tan
:Zair the County Coast Ant ; foe them
s of
se mete. The first point wes, laa
=der* law than twenty mike from de-
at the Ins that the Win wee The
fasts were, thee Ille phased teethe pthamoted had
Wm meseled die be eied MOM* fa
gv.immi eltasteletra
litssmiltiesticcnis
a• ia a. il 14t_li ° a
.....a. ,-.---.... 5-I.,in.
rerliol, and the egaiellai opinioa that it vat oot •
within the wrath, dile set. The reallsase there
ihetsMegatoiry, with the Mimi= of etemalag 'to the
as bum as within The MOS WINO there-
The other games vs whether there we win-
nem for *teem lie
as
to Si i=ilevicoon,
lied Ike Nip who fief ths mew not.
If the wet thought that the jad.Olbateted ea erro-
mous view of the law or • ha hers OW tidght review pis de-
claims, but they ought eta to do so without muck effronget
ground than was shown ia tithe men
Bole discharged with men
SNZAIDAN V. VMS NNW MOAT COMVANN. ,
This was ea action to mover a validity of lark alleged to
belong the plaintiff, aad the lost count was eskime the
to as common oentoris, for not delirerieges. bosh
at Mmattestar, and the weed moat was to lowei TIM
jaggiest was for the dahadaais.
WICMOIMOM V, 1111 0111.2 warm= itaum•l ablithasto.
Mr. Justice Willa said that jallginsa hid hem prepare*
beenare, but in ooseegneace el the suss grates hariag
isei in .• Bimodal. v. the Great Wean Rail way
Company," though probably the point was not seranifiol to
the dee ion in that case, MO eat would be pmt toned.
The °pintos of some of the me of the oomt she was
not merely in aocordeaco with the jedgment widget lad been
peppered, and it was thought advisable that them should be •
conaultatton of all the judges of the court. i
Judgment postponed.
HASINDALS C. 'MI 051.00 WINTERS ILA ILWAT coatiyamw.
In this case also judgment was postponed.
CIL/AVMS V. MASON.
Mr. Janice Willa said that Ws was an appinti mg
aside en ceder at ni•l prlus for comprondaing a tem. the
of the sppltreition was en allegation that ow
sewed
eamprosoised without the authority pi the dean-
dent. 'Mee was ao deulathet the ereptetwbe heti bra
mewed he. hetwees the eseweri egg ettenesps ea let 4 Ales
whilst the ilelhatieat we. la cart tog
bed
ahead
theeelbeee. It was true that he sad hie bei! owes
that they 411 not know what was going on, and
vullhea a
aper jam withdrawn they thought that the ow pod.
plod; bat it would be extremely dingerom he the end
th eel ea each a 'maimed, the truth of aid& it mast
le abase impmtble to nwartebt. The last words need by
the deladiat's counsel, when be bad se interview with him,
veer, that he would do his test for Ms ; and no doubt be did
lb bier best. There was no blame, the court thought, st-
ashed to the counsel or the attauseys, and the rots must
thelehre be ditebeesei, with_osete. Me might also m that
MO booth*, Deo sadhimself wen pawed, if it bad ham
aleiswey„ le have weed whiltre:erity of the court is
" &rid. v. &aura," that the ty , f camel ought
not to he *Weed into In We below the parties.
Rob tleaerged, with ewes.

Tee TATUM BOWLS =MOPS CIONPANT ff. sitTilorit.
The woo • quelloo whale Own hod lea es %hinge-
nest of • west; eta the NMI thlesill dist ehe Me to
eater a wefts for the pidallf ebedi bo
Luna fr. tenntwooo.

a deeirable melt might be arrived at, the matter would eta
stand over.

V. OUTON•

This was a demurrer, and the wart thought that there
should be judgment for the plaintiff upon the 4th plea, sad
for the dehaimat upon the 6th.

TALKIE' ..

Yr. lonia Wales sold the question in this case ws• whi-
tlow • mom who undertook to do .killed labour without
having the alsorrary skill could be discoresed by the torsos
who hod engaged to employ him. The court thought that
a person who undertook such work pot a sort of implied
warranty that he had resoonable skill ; and if he had it not,
might be dismissed.
Rule absolute.
_ . _ _ _ .

In " Greenough v. Eccles," and "Ingham a. Primrose,"
tLe court took further time to consider the mhttar.

(ratably a! NW Patna In

Lord Chid

:lAN Cedillas sod a Special Jury.)

f. DALTT.-10111/111 V. 111111/7.-LATTIIO DOWN A

Those two actions were thought by Ospteht Roberts, and
by Ids relines aad as they both animeat of Ow raw bene-
ath= it was arranged AM they should be tried together.
Mr. Bovill, QC., Mr. Leek Q. 0., sad Mr. Iheasley, •
=fear the plastic's •, and Mr. Edwin James, Q.C., Hr.
dim sad Mr. Lloyd, for the dethedent.
Mr. BovOl stated to the jury that Captain Roberts was a
tenaseted with the Royal Manse Artillery, end
the th. Leotards Imo Works, Poplar
it was to hie mortices that the country was nattily Ludebted
for the equipment of the gun and roomer home that were seat
out duriagthe Reeds* war into the Baltic and the Black Sea.
Re Ind for mine years held an important position as
°Boer to the Admiralty, and his name
:re "latnwell own in his professiou. In the year 1856 the
Meditenesean Electric Telegraph Company were about to
llrideostiant • telegraph between Sardinia sad the meat of
A and Captain Roberta, who was conduced that he
could y down the cable, was brought into aommmioatiaa
with Mr. Brett, who was the genet of the company, sad
with Mr. Defamer, who acted se seaeetary to the cowpony,
and le Mr. Brett. This was in April, 1866, and at that
tithes" was an old frigate named the Cornwall lying
Portion* and which was fur sale. It was thought that
this mod mould he It to ooavey out the cable, but after
some esemimiethea it was found that the Admiralty wanted
too mash he the ship, end the segoeiMios for the purchase
west aft Captain Roberta than bad his attention drawn to
another wend, also aimed the Carswell, and which
was for mac she was a teak 'bat Indiamen,
of the ettuagest poldble earstrastioa, and she was
shore built, and well qualified foe carrying the
cable. On the 16th May an agnemeat was mitered into
between Oapedn Roberta and Kr. Brett, by which it was
agreed that Captain Reherts should provide • suitable ship
far carrying the sib* and take her to Mordan's-wharf,
Blackwell, where the cable was, and that the vessel should
be at the Note reedy to skeet with the cable on the 15th July.
Captain Roberts wee to bear all the expense of preparing and
equipping the ship. He was to be paid 10,0001. for laying
down the cable between &AIM* end Africa, • distance of
140 miles, and as en extra distance of 10 miles of cable might
be milked on the ooaM of Attica, 2,0001. more was to be
paid Is teepee of that; 1,000/. wee to be paid in cash within
awes days of the voted being theme& Mortlan's-whart
2,0001. within 2l days of her being at the wharf; 2,0001.
(thelalf in cash and half by •• MB) ea her leaving
the Hors, and the 2,0001. for the extra length of
cable wee to be paid when the work wen done. The
resething 6,0001. was to be paid in shares In the obamany.
If the areal wee not reedy to leave the Wore en the 16th
Jody, Captain Roberta wee to forfeit 2,0001. • week. It was
arranged that Captain Kell, an emosistanee of Mr. Brett,
and Who had been engaged in laying down a telegraph,
should go in the ship, and that Captain Robots should pay
him 1001. for his arrive. Captain ell saw the Cornwall at
Portsmouth, and he, as well as everybody alas approved of
her. Atter the contract was signed, Captain Roberts made
• declaration of the amount which be was to receive, in
order that Mr. Brett might obtain the mosey from the
Preach government. Captain Roberts agreed to purchase
the Cornwall on the 20th May for 8, end two days
afterwsrds a bill of sale was executed. 0001 Captain Roberts
had not the 8,0004, but from his position and reputation be
would have been able to complete the purchase. Subs.-
quietly to the agreement it wee arranged that the fiat
wrt of 1, should be paid to Captain Roberts
bill instead of ht rah' but it having been
found that the bill was not thaws is a negociabis form, Cap-
tain Brett gave it beck to Mr. Wham, who said he would
procure him one for 2,0001. This had however not been dem,
sad one of the claims now made wee that either the 1,0001.
or the 2.0001. till should be handed to Capitals Roberta. A
correspondence took pisoe, and Mr. Brett declined to put the
cable on hosed the Cornwall. Afterwards Mr. Brett bought
the Result of Mr. Green for 8,0001., and the cable was sent
oat in that vessel, notwithitending Captain Roberta had in
the meantime, on the 7th July, sent another ship, the Del
Reads to Mordaa's-wharf, and tendered her to take the cable.
In consequence of the contract not being carried out, Cap-
lan Roberta had been involved in various pecuniary our
and had in fact been driven into jhe Court of Bank-
ruptcy. He had been obliged to give up an appoint.
meat to go out to the Black Sea in charge of some
gunboats, and had lost his appointment of surveyor
to the Admiralty. The profit which Captain Roberts
believed that he would have derived hour the oontract, if the
cable had gone in the Cornwall, would have been as much se
7,7001., and if to the Del Reads, then the profit would have
been 6,0001., but it was still more important to him than the
part of the case that ha character should be set
right the Admiralty and the public.
Captain Roberta was called as a witness to prove them
bats, aid several ether gentlemen were examined to show
, ode Cornwall was • mini qualified to any out the

On the other head Kr. A••et .4ar called. He stated that
personally he had no interest in not carrying ont the orstraot
with Captain Roberts, end that he had acted honsedy in the
bilki that the Carswell wu not goaded to carry oat the
obis. Further, that the decreer= metle by Cults&
Roberts wu net made in order to obtain the mew from the
French gormand. Upon the question of the capability of
the Cornwall, Mares was Watt given to show that she wee
sot lilted fur the wires.
Thejsry gave • aortic* for Captain Roberts, with 2,3001.
damages, and In area Lee v. Brett his lordship ordered the
roast to be aimed hr the defendant, and gave leave to
move in bother= on serrel points of law.

EXCHEQUER CHAMBER
(Sittings in Error.)

ruLy 5.

Several of Ashamed judges stranded to-day for the pur-
pose of dellverlagjadepointe to omega previously argued.

In this cue their lordahim with the exception of Mr.
Justice Crompton, amid the jediesat of the court below.

NIXON IP. 0111N.-IAILWAT SHARES.
In Ibis case the defendant bad paid the deposit on certain
&amain a proposed railway, and binned the euhecriber.' con-
nect, In which there wee a condition that the directors
might • ply to parHsznent for powers to make part of the
line or alter the name and the amount of the ca-
The &erten did so, sad the dataadant thereupon
chisel to be vaned from his liability on the bound that
It was not the scheme to which be had stabecribed. The
court below held that the scheme was the same, and the
plaintiff obtained judgment.
The court sow 'fanned the judgment of the court below.

XIION V. BIOWNLOW.
In this case the &dowers the sum, ead were followed by a
eiatilar remelt.

DALI V. 11111111111.11T.-LIABTLITY OF 1110XIMA.
In this case, which was an snarl from the Court of
Queen's Beach, thews hod been a contrast entered into for the
wchass of di between two brokers, the principals not being
disclosed; and the question wee, whether under such cit-
cunestanees the brokers were penceally liable.
The majority of the judges wore of opinion that the judg-
ment ahould M armed.
Affirmed acoordiagly.

Phuboo, sad it appeared that, on the 9th of March, the
female prisoner went to his shop, and banded to his shop-
mu, a person named Hall, what appeared to be • golden
locket, and asked for an advance of 4s. upon it. Hall In-
quired if the article was gold, and she replied that it wee the
best of geld, end that it bad been given to her by her sweet-
heart ban she was married. The shopman, withost lest-
Zee arab, gave credit to the statement of the prisoner,
domed bee the sum she required. On the 22nd of
Name the imeele pelsom-r went to the shoo again, and
heeded to Nall a locket of precisely the same de-
smigiha as the former sae, end upon the
foga* whether it was the ammo locket that she
'dowdy pledged she replied that it was, and repeated the
story aka W told before, that it wee of line FA and that
It was gibs to her by has eweetheert ; and Hall, believing
bar armadvaneed has RI. Rite went again on the 9th of
Apd, Old told the NOM story, end she was again successful
to awake en. *pees upon the article. Ths
wont • hunk tine• le tie shop on the 23rd or 1;7
mg sus
pectiosil a Rebel to pledge comet la the
smaiiiss oppeared intormation bad to the
Itimededwe d an premsomr, width induced the Bhopal/a to
pot ewes teeetteme to the priseasr, who refused to stets
wires she ins, or to give say information respecting her-
mi4 end • search being made, three lockets., mil of the
lr price, wars axial to have bees received in pledge.
• Ohm= wee thus sedfirr, awl whoa the prisoner found
AM woe to be detailed she rushed et HA, the
ad crested his fin mot etwesely. After the peeress- bad
bees rodered to the poiloootettos the sale west
then sad add; that she was hie sad that
he Itod seat her to pledge the tracks, sad that
the failyasler was exoseftg his duty in detaining her,
as whet she had dose did not constitute an
ebbe epleet the law; and ha added that Lord Chief Justice
hi es decided in a acs of a precisely similar
dwasber.
_llpea the articles being subsequently tasted, it
ems assarlibal that at that part of the lecketa to which the
masks* was usually applied for the purpose of testing a
very mei gawatity of inferior gold had been introduced, but
the artistes themselves were in reality of very small value,
not IMO then Is. ed. at the outside, each. The only evidence
against the male prisoner was the statements he had made
to Mr. Cumming, the police inspector, and at the close of
the are for the prosecution the Recorder expressed his
opinion to be that the charge against him had not been made
out, and be was accordingly sotted.
The jury found the woman Oisilty, but recommended her
strongly to mercy, on the ground that there bad been a want
of cannon evinced on the part of the pawnbroker, and that
if be had properly tested the article in the int instance
the fraud would have been prevented.
The Recorder sintesord her to be imprisoned in Newgate
for one month.

his wife, whom he left for a minute. Oa rejoining her he
found her scuffling with the defendant, who had hie arm
round her waist. On his interfering the defendant struck
him a blow in the face and walked oii. Complainant follow,d
slid gave him into custody, on which defendant kicked Litn
wend times.

—llrt7.6llteold and policemen confirmed this statement, and
Mr. Arnold eentenoed the deMndent to my a Ane of 51., or
be imprisoned for two months, for each sessult.
The looney wee paid.