The Express.
London, England, 1859-02-02 00:00:00

STAFF.

• •
Itneet Lieutenant-Colossi E. O. Halm% upon tialf-pay
Unattached, to be Deputf•Quartarwastst•Geuenl to the
Forms earring ts limits, mos l'ockluinton, mho restos
that ►ppointtsent.

• -
THE MILITIA.
Carolinian *net by the QUM
Forfar sad K iceardis• Regiment el Militia Artillery—Jaen
Barclay, Ea. , to be Nyman* from 2lst December, 1848.

A I,ole U.TY, FEB. I.—..APS'olv776Ern. Lien-
Yaws H. J. Hodgson (1856), Is tM Chmast, 11, sere,
Wart sloop, at Devonport i end P. H. S. Flood (1856), ad-
ditional lieutenant to the einsvinek br peddle-vbsel der
demWant COMM of Africa Maass.
E. F. Citatill (1841),M be spat for malls.
Surgeon Dr. H. lidaionde, M.D. (MP. to the St. his
or Acts, 101, scree mama Ain, es Denton ,rt.
Perlman 0 . Ossoliible (1885), to be secretary to 88,
Oomie &mew ; sod J. W. M. Ashby (1b.:2), to be mere-
Uri' to Rear-Admiral Haps.
Arestest-derdeed E. H. Evans (1853), lo the St. Jun

The government, we have good oathority for
*wag, intends to propose a loan of ten Wiliam be tar
rtrpose of increased Grimmest& The isees. VS le
ato.ost entirely on the navy, although the return al re
meats from Indian service will add considerably both to ate
a•aileble stt.ogth and the actin l 'zymase of the army.—
dm: men.

A number of the Turkish medals for distribution
to the British army haring been ras rived, his Royal High-
are the General Commaadiar-in-Chisf, at She
the Secretary of Maui for War, has kernel • nosier ad-
deemed to the came commeeding depots, /drib( them with
as .:rite delay as pmaible to transmit to the War-effilie
nominal rolls of all oaken sad soldier. who weed In the
Crimea before the 9th of 8 wombs*, 1856, or who were en-
gaged subersowat to that date in any epereden: grebe. the
enemy, as specified be the general artist dated .BelanNeyel,
nal Muth, 18567 t ,The roll mast Moak ell who wee NM
*led to the Crisman medal grassed by the Qum,
meladiag, of worm desertees, end mum wba, hy steer
anscoadact, hare forfeited that deeteelism The nu
is t, be divided into two &slime pens—firtfllist
all Gilkey' end men who were ridded to the
medal now belonging to the regiments whose &yen are en-
der the commend of the ortiow to wham the drawler is ad-
dressed, stating whether they be settles Intl the regiment
or:dep..t, and is the ems of these tremaered hem ether
corps, the regiment to while they senned teat dlslleslla
liecondly —Of all the Milowe end ma madded to ME
but who hare died, or embed trews the minion hem
on half-pay, or be.. discharged, "eddying Mee the
regimental of auch ea may have teen transferred hem semi
otmr corps in which the medal wee earned. Each depot id
re,:ested to furnish distinct rolls, whi...11 are to stars the
regimental number.

CHATHAM, Fun. I.
The following medical officers of the General
Hospital, Fart Pitt, Chatham, hare received orders topiarist
by the overland route to Calcutta, on the 4th 'Matt, pm the
tMeam•pookrt Indus, from Southampton —G. Park, MD.
R. M. Wenner, M.D., J. S. Duster', M.D., and
agYY: .. . _

41a.Adatirolty order Imo bum receive ot this dockyard by
Copula O. Goldsmith, C. 13 , directing tom to be Imbed at
tit., port tor, the 81. Jean WA era, 101, screw steamer.

PORTS HOUTH, Yea. 1.
The It ri tennia, 120, Captain totoert Honig, win
14 ',fought out of the ettip tans to• aIOIITOW. The newel
cadets returned to bee [roes leave last evening.
The Termagant, 26, merw Meant, Goads Robert Hall,
op toeitenitat men twin, sad aroma teett
ewer yer la We andeninell rased to Übe Woe
Coast use Alike. whys 111.4 Ina

Raii;i:ldn...,al Sir Baldwin W. Walker. Bart., K.C.8.,
=wcd the !Awry, 'Wised the dockyard to-day.; ad
i.r.ir 10 BMW, company with Recr-adatial
thir Haw U. Orey.
The Corona, SI, anew f4akr Captala Thomas 11.
MAMA, bust sada minim ea will rooted to Bpithead
ta Tioindry. Sin will 1M Isla Is powder mai sad
proemial to Mennen' Is sales! Ina 1 Lyons sad inn tot
ceenpaca le Nardi Amens.

PLYMOUTH, TC MAT Mawr.
Her Heitsty'a Aim Pique and Nankin, from
Met eel the •of OW kits, arrived today. Ile
ll_ is man( bo halm&

UNITEESITT INTELLIGENCE.

Tilt Burr it late Mr. Richard Bee-
ass, NI Mises sip tit hilleetis
a &Awryi es esensel palm. ese lOU. he the
b litaellrh essay "es eine seed a valfsel.
ea the Salome. Now% sod Alleilieees d 0!/, we ea the
truth sad trekkers the Clbrislis Itellehe • aid is.
busies herb( Wm mImI Ni. eitt by hI • Air sal ear
semi; Wee Jess Curdle* Bumph he Viee-Cheatelier
gives wed^ Ilse the Naha tee the poem jeer I. "The
hasesilii:p... es as meter se typal,
ibeir sod Watt 7." Amy mina d the Usher-
eity e he the Woe. abs is ha et awe this
three yetp. AMIN ben eins is his hut eine irbes
the asensis seat h ; chi the ausy s see le be me le le the
VierChweeelka ea sr Whoa the 1 et Neumiler,
with the arm el the ieupeelive althorns meted up. The
imam el the eery her serried Y N Y es W ss ea-
pm% sod So Intim, es erre le be • et It le
the C shaft Seem laswet • te
Ile Velhedly likeeles Oohed. Delis. sedi
awl se web sif the et the pish vehrig
✓e-Clieseeller, thud Clubt's Wits% led he
Urrrisirs Preheat el Dish*.
Toe Su usi oust Paisa—me sand Se pose he
he resew year is, " The DIN*, et Imosies." Path
esailikle he the pries le seleleal Weed Its pies plum*
N the V ire.Cluorsike al sir lin he Mb et Sqhmare
sest, with Nine Lens mos apes : sea et the sem Noe
N she ssepta railed opt **Us sews whim ellith
Ihe met inita as. ea eb eullelis. The mum
the hums ahe eameessial elagidetie lie=
ISTLetxttios roe lsoraaeaua 0112TTIPICallill
au tuur.—Thera trill lea eateelemiles be the Meer
oratisesil euleers se Tittehr. WA et
s'elesh eas Os the timehrhasse. Al peptise
N peeing ellemeilus he ernheish ea Feb.
mart red their seta N Ur. Klearley. a Niey Cel-
thie. wet Lae Ikea nth*, Tammy U.

PROFOoLO LONDON-sums AND CRANING-CROW
s: t. al.—Anima tae sway scheme fR mlievias tv
„or-sowed drums sal bridges of the notropnas 1. eme be
• o.atiamotioa of the railways aew teratiaatter et LaDI•••
bridge award. to &junction with the Boat It Weston Ban-
maoZ* atrto, Bunks, the hringiag ito
acl Nook Weston' railways to a terminal stalks
stW-dio.rfor 14relge. The Has •111 theta comma ewe of
Itaril/41 ,learsaahians i.Lesioa—Chariag• areas mod
brt codylote a coat meow railway esmon-
Sloane& akot li.. .00th anti of the Tamers. Take impart-1
1. of lb. yinatlo• Uts• eft:old may be esti-
mated Imo the toot last lot Chant;-crow tad of the hoe
ga rise Lamm of tk• Wese-ated West tr.fik, whtir the Lemke-
bear sodomy be leorded ea the p-ott to whitit &layette'
rof the City sad beiwegh Wag.: tend.. The Jones, is
plet to which moot of tha Wert-dd c rowboat* rust, as
sooty oa the Puddings sod flaspatredorud ont•• while the
Baserford•per is ea. e 1 the petarit.,lladtag pewee for tae
atedorwatta tiyimg op sad dowa the Flamm Tae prewar'
el trait! ot tan- City and of the propseei railway is oleos a by
the tolkoral biome la 1867 the Busher of pemalears who
rrWesel as Ladd-bridge standas w apwarda of
O,UOO, of three who paired through the irradiant'.
dred mahout 11..410,000. It has, moreover, beea ;woodchat
• eosaiderable proportion of the oder. trtvelbcg by td
Lembo-by:op fallow to or fed doltrlci• to the
1011•1 of Temple Bar. Ors gaol slam Is soaking to allow tbe
ammaity for soma epaeasr mama et memo, Ti.,z that um
draw loamy ro atisa-bridas ben Oidad-strmt or lismatt-
einer, by or 0111•1101111. sow 00C11110•• • loapr MPS thaa is
required to cram, the pammits, by railway, from Leadem
Maid r lifiPtc.,
OXFORD. iIfORCESTF.R. AND WOLTRIMANPTON
tILWAT.—TM fetal nal* of this company far the
/Wryer aided the 31st Ere. sammatsd be 121,013/. ageism
112,, A.'. is the avnopoodioi Ulf of HAL The eat re-
taloa for as Mot hail-year ware 09,6081. aratast 69,8141.
the correacoadise tallier ad 1867, eletewlai a Menem of
1061. TM entaditare fur 161 peal bad-mer we 4267
c
east. rf Om receipt., egaLaat 43.30 per end. in MT.
greying the eltireland ma tits littaelaml and Medan I.larisl sad
dot Ctsiopear-N‘ston berth, 66,4441. vemellied appileable
he di rHeart. The directors sropoea to ray the Isms is
illitaatlrse. • Lilo divided 6 per awl. per mama es the
first n matted stock, awl 3 ter 'sot. as the masa/ prow
lind stock, Bering • balsam of 2364

Lab; Erittlligenct.
COURT OF WRENS BENCRow.FIII. 1.
&rap at NM Fries ern Term.—(rderte Lard Campbell
end a ereal Jury.)
trateitra Of A wire.
The riser la thin sera Is to. progriabse of • ladle.'
at 37, Worretreet, Cevendiah-
erare,""Warrat mersiigtmerimeress un the title -of Mayo
as
Co. The deleadert le • of very large fortune,
err laird by the 's eaten to bra an income of
70,000Lhouse a year, the swam of Gering Park, seat Worthing,
of a la Leaden, NM Moo of ea witablahmeat
in Scored. The erre pee broaght to reamer the
tom of 3621, the rim of metre weariag sprint
' @applied to the defort's wile, who is the daughter
' of lady Charlotte Bury. There wee ono direr r
' to the ordering and delivery of the goods ehmied
for, and the ports to be determined were—lst, we. • amok
deed of es ka between the diadem sad hi. MIA la
OCAebilr, 1 reread le an the part of the wife
dries ; the deed to leave been
lessalid, did =germ lei wife an adequaa-
Ineemos daring the period of their irepeaudon ; sad ;idly. had
be, present le • deems of the Divorce and Itatrisecnial
• Carr Cowl, dated the 19th of May, 18.58. restored his
wile to sae j.pl Agra &eh being the MUM of the ore,
re is as Wert Wonky be expected, led to very
pastel dieekwaree.
It maid WM& that I MO S. deleadant we. married le
Yea Ives Milts BdIW Intkeseyetrosence. Mrs. Lyon had
an ketwee, bat byre mierkgreedereat she we. entitled to
ere at 3001. spier pis reasy," sr to a sum of 40,0001. be
ere se =arrived be hair& Aker the marriage the par-
ties came to Beglind, eel resided partly at South-err,
Perk-lees, and pertly at (Wag-park. They lived mat
happily together me all the year 1801, when a source of dif-
ference between them. That nuns of difference, as
rated by the wee the recedes nee of opiates and
etrulants on the part ef Mee. Lyon, as well as
her extravagant_Tree differences cams to •
dime is Room in Irs mega of Dec., 1861, sad accordingly
the parties let for Emboli steetraded by Dr.
Th
Mae was to attendance ea Mrs. Lyon, oa scoonatii
ctM
bs•kb. Mr.
_Lyon, as remblag took lei to
Terardiandelsk lir them her imam Ma; sad
she Mewls. la tbe Mop el Dr. .Ms re-
ward Mews Aar mealis mimeo mat rig kir
retertiLehroa tier* et Ileplembar,a Mew wsi
at Mr, Midrib wee asked kilo. ThM pow weellgra
of sereers betweia beserM and Mr. Lyon, end aireardlag
le the *Wire esse the body we. tadatel to alga
it by persuades sad by lbseels. It woe through the Mara-
smatellty of a Jamie, • giallentea
raiding at Sidateath, sand& Mend of her lueskerre,
that the emendloa teak gime. By the deed, wad& wee wit-
ness. by WA Lyea's anther_ , Lady C. Bury, It we. asetled
OM she wee le reeds, he Minim to her pia mossy," as
by Ihr erdera, • farther aliewswee
rs z:yer-41.2111:11,600Lperardwia—whkii
wee le be paid la kw mamas tamp Mr.
Lysa's Maim% Moms. orris' sad Co. The very day ef
the irg of the deed Mrs. Lyon left Torrey, helei re-
liertfreni the aerrillease of Dr. Disking, and took aphrm
relasse at NA Swab Andlerekest, Ci roomier-9/mA ta
with bar morse. Ms Mel there for a year, sad thus
cl= for Bar atealbs. nod Om la Andlerequem sad
ren Lescrek Ildrh. 1886, what, sco:aspealed
byrec bee win its ebe weal le we M Botch lacrey-
Mar la the =err AprO 1867, Mts. Lyon was latro-
boa le lb pleintitra seniblialimeat by rot MI- ea re, Mrs.
Wan se the wife of Mr. Lyme, • rentlemen of
flew II reaßmaieff I between thie time sad the Ila of lane,
1881, the supplied all the per Merged Is the m-
amas. goods cherged for despair anhouurd to 4021,
bat Mrs. Lyon had paid 604 oa aseaant in the math of
March. Tim whole of the goods wen delivered at 81, Boar
Andley-street, end the *lad, bad not the slightest
idea that the defendant we. separated from like ads
until he saw a paragraph he the papers brio, referees to
the proomdinge la the Divorce Court. Oa the 19th cd May
1868 • decree by consent we. taken for the emeleadea et
corijisgal rights. 1t wee admitted that as the !Orel April,
1858, the allowance made under the deed of esporadem
regularly paid, whilst lagoads supplied to Mee. Lytle up to
the period and charged the resent smear amemated
238 L So kr therefore the nerrative endroes the nee bet
polar In the Inquiry, namely, es to the validity of the deed
of esperation, sod as to all adegemy of Mn. Lyea's
allowance. Oa the 18th of May the decree for the
restitution of marred rights wee ronotunied, and
soeordingly on the 25th of Ma Ys. Lyon preceded by
appointment to met herb at the bean 48, Glower
ler-place, Posimea-squats,. She erred there about 2 o'clock
In the afemeoce, and Mr. Lyme opened the door to mein
her. Armaird4 to the lady's arterial her horrid reader
her mere• he kicked ha dog off the steps el the der;
be leaked 'chained the door behind her, and then sum-
sewed ell the servant. In the house into the drewbgran
es eller the wasting between them. When all had
emumbled be lold thew that Mrs. Lyon was his wife ; the.
they mast trail Mr with kindness sad respect, bat that they
meet, obey her spiking; that she was to to &banal Oren
allsealegrommt weekly from her mother ; retrieving.*
le be roodeal to the Man ordered by Mrs. Lyon, and that
Malty ohs we. not to be allowed to LISWII the tome mast
athe company of sae or other of roes present. la far the
sontentins as report of the plaintiff was, that Mr. Lyos
bed not compost with the decree of the court, thee he bad
net meshed ai ours et hie elm lisese,but that be bad Meted
her la charge of rapers, sad had treated her as fuses. Oa
the other haul, r amid eggear hem the cromsaimiaetke
of Mrs. Lies, Medefiedkat miler. that the house 46,
Oleassettr pima was his bane, for that be was $l,-
tag op Ms beam in Bontbstreet ; that there were live
or la awned, In the einbilsiment, and that whet
he bed dens at the interview of the 25th to the
berme seem yea to wad at to the seestabled
awmem bele • written paper were rides with redraft to
die erre tot of Mee. Lyon, directed to mists bee
kam the remegammas of her torarageuce and her rpm-
are r prekriag articles prejudicial to her health. Kn.
Lyea ressied at 41, Gloucester-place, until the let of
Jam, when she returned to 81, Bouth Andley-stresit ; but
dame it Mr. Lyon rkpt at the hoar once es tare Airbag
er hay to Olmootat-plac• she had nem sees him. He
teedge elet at eta o'clock in the asorelag, and refired to
eee kr erupt a tbe preemie of one of the aerveate. no-
maw to bee belief neither re hour 18, Gkerestar-place,
air thus et 17, Oloweiteer-place, Mid to have been saber
=rhea tee her reereedstion, nor that to Ma-
alleged le be her beebeadfs present Lends establiM
mat, were re rem of Mr. Lyon.
In her 'lkea emeskteden by Mr. Chambers, Mee. Lye.
▪ eisiLusdhinfag Ansa Imo delicate heath, Js bed been
the see of stimulants sad opiates, bat to eon-
seenenea of re brag earrudned by her husband on the
eargest she bad rednised from their sae siave July, 1861,
between then sad October Me roma le be-
re 1.4
they wire adwinilared ter erg
etorgkdoesly by
Ma dorm. At ell mate de bad owtalaly reaseased Mem
esker October. Me might, perbige, have rid opiates wed
etbsalmts stmewbet mime. Me never meetly Mew
Mist Mr. Lycra's ream was; they lived at the ere of
7,0001. or 8,10001. x• hen 'Aar We modiste dela be
tell bee he maw ta that event far as lamer of roma of
Inan A6OOl. to 7, • year. Prayer to bee ?Midas the
hear 48, Oterawalw-glees. forweiniod to Kr. L.yea
merdiesme Ikea re are Clerk sad Dr. Died es le her
Mee of id, mad me ee leer habit.. lbe bad waived an
ellettenernellazyre, 1668.
Mr. Lada—She bad likewise deelbsgs
with • press mil Smith, fur wearing apparel, be. then
that we. kr Nikko of • it tf-rent cheerer from tree here
Merged M. its eyed 2761. for wearing apparel parubeard
lap aMr wad of February, 18 i, whilst liviag with Mr.
Lva Mr had pledged Jewdierry sad Mete le the silent
W1t7141. She bed sot Foamed the whole of that. Ms
W Meads leavened a sow of 1,6001. from • try. Ter
we. le pay dente partly lammed on errant of relies, at
Oerie- and the Maw in Loudon. Bat die War
kw Wu In that icipiut to Mr. Lyon, and he
bee andel.

Mr. Menlt. the ems agile late Dile of Woresubw, who lad
doers Kra. Lyen alone a WM, proved that op to tho Uwe
glade wag &Mead Mr. and Mrs. Lyon hod Eyed mot
horpoily torpattew; shot May, 188 E, there we so praisers
Eidariarig bar to he Wrath awl that be mat bar ohne WI
sod elan swath, lb pet hod of bre reeidenot in Glatharitsr-
piss., talking one day In Portman-square, In charge of as
itteadial, eho s knowkdsed Item It tu be a keerrappointed
to wail es lire. Lye..
This elated the plaintiff 's cars.
Mr. Look then arid, to coesequenes of the plalatire ob-
jectless to Ile vatidity of the decd ot reparation of Beptainbar,
1833, be was taken completely by surpriae. He had UMW
fore to spply to hie lordship, under the powers of the rowel act,
to adjourn the lAA in order that the defendant_ might obtain
the anundancie of Mr. Philip Jetties sod Dr. Noting, who
melds at Torqu.y, and whom presence would be neceseary
to deer up all doubts as to the perfect validity of the in-
strewing.

—fliel7;clehip &aired the request to be a reasonable one,
and adjourned the farther proves& of the the! until Sa•

COURT OF COMMON PLEAS.—FEB. I.
Sittiags at Nisi Prins, in .Middiftez.—(l3efure Mr. iodic).
Myles sod s Common Jury.)

ROW L OIANT.-SZ1110•:i CHAhOE OT ASSAVLT AT ARA.

TM. wits an action to recover damages for .event smeautts
committed at eta, and also for withholding proper provisioes.
' In addition there was • anent for ware, end in answer the
defends et pleaded • number of pleas.
Mr. Brett appeared for the &Miff; sad Mr. Edward lame
and Mr. ere. foe the defes&eit.
TN plaintiff, Ankoio Mori, was • native of Italy, sad
leY M 1657 be slipped as se able demean on board • barque
caul awl Biles Orant, of which the defendant was lbs car-
tels sad owner. MA was bound for the coast of Atrial for
palm oil, aad on the 3rd of November she sailed from Liver-
peol. She encountered exceedingly rourh weather, sad ea
the 16th of December she was still in the Irish Channel.
Oa that night the weedier was so bed that It
wee deemed prudent, instead of tackier, to wear
the ship, and all hands were called up fur that
=Thv plat:stars account of what followed was
it carpenter took verticals notice of his coming
up Met arse on the poop. As lettuces went to lay hold of •
rare is haul, the carpenter said, " You are last on the poop
agike." Mimes* was on the starboard aide pulling, what
lbe certain walked from the port side, and seized bin by
the seek, sad polled hint towards the roiling, asylum
" That he would make him jump overboard, and would throw
hint overboard." Ile 'booed dim overboard, but witness

• caught hold of the railing with one hand, and with the other
he had bold of the rope. If he had not caught hold, he
surely would have gone overboard. There was nothing
between him and the see. The captain called him • long
Osman son of a—, and things like that. For any fault
the captain used to stop their meat, sometimes for a
week, end sometimes furs few days. On the 18th February
they were off the coast of Africa, and It wee very hot.
Witness was sewing mate on deck when some of the mew
asked him to go sad get some wear from the cask. He went,
and the septum asked what he was doing. Witness said he
was gettingadriolt of wale, bat the ospadureplied thathetwas
only scheming, and he ordered him to • particular part of the
deck to serape sticks to make stowing to protect them from
the weather. A man named Orsaitt was doing the tame
kind of work. The captain cease up with a etrraght riding.
whip In his hand. He struck OreWtt, who, as soon as he
kit the whip on his back, rushed to the ether Meal the deck.
Witness stood still, and the captaia swift the non get out of
his reach, began to dog witness. He struck him a blow
across the back, a blow across his Wm, sad another blow
across his neck and cheek. The Rd How took a piece of
leek out ender kis right eye. The blows were as had as
he could gfve. Witness had only thin clothes on. Wanda
in • hot climate were very difficult to heal. Whilst at the
River Bonny, in Africa, they were very hardly worked. Oa
the Ist of July thethip was at anchor In the Hirer Bonny, sad
a a soh place of anchorage. Witmer had been working
from four in the morning until nine or tan at night. At tee
he went to bed, and at twelve he was obliged to get up for
two hours' watch on deck. Hering the swab he fell
!asleep on the deck. He was exhausted with the work
he had done. Its wee wakened by Captain Grant dogging
him with the whip. He struck him Ma or seven times as
hard as he could after he wee awake. A piece of dash wee
cut out from hie right thigh. During the voyage be
was without mat for altogether about sixty days.
John notate.= said he was boatswain of the Ellen
Grant. Durteg the voyage, Bath, the may, was die-
rated, and wither was appointed second in com-
mand. He witnessed the drat assault. Captain Grant
ran quiekly across the deck and seized him by the throat ;
sad he raw Roast go well over the rail, but he had hold of the
main brace with one hand. The captain let him go ebestly
afterwards. Captain Grant had frequently ordered all Wads
of the crew to have their meat stopped • all heads with one
sr two aseeptions. Oa the 18th of February winnow was on
diet sewing mats. He sew Captain Great go into the cable
end return with the whip. He put the whip behind him and
walked up to Orogen end welted " with it scrota
i• the beck, the nick, end everything." Omani made a
" bolt" arrow the sticks, and Captain Grant could not follow
him. The captain " dewed round," and maismaced dog-
ging the plaintiff. He struck him over the shoulders, nem,
Oaf fees. His face wee cut, and the wound was not heated
for tan or twelve days. Oa the night of the third assault,witherwas in bed, but the plaintiff came into the (omelette
sad showed his thigh. The dash was cut through the
trousers, sad was bleeding.
In oross-essanktation be stated that be bad kept a private
log, white he sdmiwd wee not a usual thing unless you
ere with a cis/ester such as we were with." Hs was with
the coopers. but the caps& had ordered him to live In
10106 R part of the vowel, whisk might hare been intended
sea osgrodetion. Every men on the Coast et Africa was
tented as • slave—. worked to death without sleep." If he
was leaking well now, there was no thanks to the Ellen
Gnat. Thom was a docker on board, but the men were not
permitted to have free erase to him.
Witeemse were celled for the defendant.
Captala Napier Gnat said that as to the alleged throwing
overboard la the Channel, he knew nothing of it.
He never did it. He never beard of it until eve
or:six weeks before ha arrived home, when Hutchinson told
him of it. He had had some dispute with Hutchinson. He
never struck the plaintiff in the Channel. As to the mead
emelt he had struck Oreggitt lightly. It was with a lady'.
riding whip. In the swing of his arm the point of the whip
touched Rood. Witness said baked not intended to strike Rossi,
who replied that he knew he had not. The mark made on
Roast's face was like the scratch of a can. On the occasion
of the third assault the plaintiff was lying asleep on his
watch with a coat over him. He struck him twice on the
mat, sad be did not move. Witness then hit him under the
coat, and that woke him. He only hit that once. The ship
was in danger in the Bonny river from persons wbo might
rob the ship, and even murder the crew. The crew always
lied full allowanoe but if a man mhbehaved he
turd to atop a half allowence of meat. if the
offence was a bad one be would stop the whole
allowance; but if they rime and asked him before
serving the meat out he would give it them. Whilst they
were le the Bonny river the consul came on board with a
meta(--cuss's °Seer to see if there were any complaint% end
none were node. There were two gorgeous, sad the crew
always keel sonss to them.

CrOse-examheed—He Ives in the habit of taking the ledy's
whip with him to sea. He did not know where it wits now,
baths believed it had bassi stoles from his cab n. He had
ea we. occaloa struck the carpenter with him hand, and the
earpeater fell owe some planks. If any of the boys misbehaved
themselves ha would cat them on the hand with a whip
Ike a schoolmate,. A man'esseed Lawson died ea board et
Homy. He had Italy struck Lawson once, and that was
set Mee them three months before his death. The doolor
mow Livia awry day. Thome also died at Boeny. He
name dna& Timm with the whip. Wilton, a Crc Jean,
she died. bet he waa employed on shore. Wit ozse had
ewer Meath W. He had struck Manly over the hand as •
schoolmaster would do. Ile was in or 17. its might have
struck Woods, but he vas • very good boy, and wee going
out with him again. He believed he had tried the whip oi
Edwards, but not on Bath. He hod been In the African
trade twenty-sin years, and had never bed a cmiplahit
against him aunt now. He had never struck a men heavily
with a whip.
Thomas Lewis, James Groves. and Malian Courtesy,
who were coopers oa beard the Eike Grant, corroborated
the deds•deat's evidence oo all the main points, and • Meek
MM. named eackey, who was steward, said tha plaintiff had
admitted that the captain bed not tried to throw him over-
board, sad be gave similar cos:tarmacs, evidence, end sryr
ally maimed the plaintiff as to what took place in emkr
aloe to those areaulte.

Iltsatzy asked to Inspect the plaintiff's eye, and haring
dons se NM that there 'fru no scar.

Iterr sdaeittd that the amount do. to the plaintiff for
wove we. 161. 10.. 4d.
In the cane et Kr. Brett's reply a number of persons
loudly applauded.
Hie lordship, on the Fret occasion, warned them that any
perooll so doing wee liable to be committed; and on the
*sound orcocon he directed that the ushers should keep
watch, and bring any pet eon so offending before hits.
Ia euntraing up he directed the jury that as far as the
161. 10e. 4d. there was no defence on the facto, and the only
question was one of law, whether the plaintiff wee entitled
to sr fur wages In the superior court. If !bey thought that
the Int assault had been committed, that was unjustifiable ;
end as to the e c led assault, be was of opiniba that teen
though the defendant had struck the plaintiff by mietaka it
was sa arm& in law, for it had been held that where two
molars were ezemisiog, and one struck the other through
negligees* violently with his musket, it was an einsault. As
to the thud annuli, he was of opinion that under the cir-
cumstances the captain had a right to take a stick or whip to
wake the plaiauff, and the only question was whether um-
' reuruneible violence beelines used.
. _

The jury per. verdict for ttto plaintiff tor 301., In sai-
d= to Ma warm

COURT OF EXCHEQUER.-Fn. 1.

Jliuiaga at NW Pelvic— ( Before iG Lord Chid Baron and
Special Juries.)

ThN was the first day of the eittiop after term. The fiat
costeine 43 caner, eight of whioh are resweeta.

rAixt..+t or ITECI/J. Jokoll2.

On te.0..:;/;iiiinii.:B;;;.;i4.utd on the
epeeist jury sionsooned answered to their names, and were
shoat to be sworn by Mr. Coleman, when
Mr. Edward Junes rcquested that the oath should not be
strniniatered, u the record had been withdrawn, end n stet
prneesens entered.
Tba Lord Chief Berea—What is to be how with the jury?
Mr. Jocose replied he did sot know.
The Lod ChMfßerea—lt I lied known that any ernutge-
meet W Men ceme to to deprive the jury of tltnt fees, I
wield have had them awns., end then the fms must hers
bson paid. Wher jury it It
Mr. Junes—The Meadow's.

Ties Lord ChielßTros—Aai you reprearst the defendant.
J&lDee—l very much regret 1 am not in a position tr
es enythier about the fees.
The Lord Chief Baron remarked to the jury that he much
~rutted they were deprived of their fees, bat be could not
The jury then retired trees the box.

lIITITON O. TIIE MIDLUID ILAILWAT,-LTABILITT OT

ItAILW/iT COXPLIIIBII.

Mr. Hawkins and Mr. =ward win counsel for tie
Mr. Mellor sod Mr. Thlpsou nursosated tie defeadants.
The plaintiff to this action, Mr. Coreeliita Mylton. is so
erupt residing at Birmingham, and on the 18th of eauguat
was a paw Eiger on the defendant: line from Newport. He
had with him as luggage a portmanteau sod carpirg bag, con-
taining some 'ketches which he had taken in Irelaud. Oa
the arrival of the train at Birmingham the port mate= wan
mining, and it was afterwards discovered in the hands tithe
police, haring been build in the street with a portion of tie
artielts abatraeted, Including the ketches in question. For
the entire los/. the plaintiff claimed 661.
. -

It appeared after the opening of the teamed counsel that
there wits no dispute as to the facts, but several points of law
were relied on by the defordante. They were that the
pictures being above the value of 101. the plaintor could not
recover under the Carriers Act, that the plaintio was not a
porringer on the defendant& line, and that the phrintiti had
takes the luggage, ea he waa entitled to do, am peraoaal
hippie at hut own risk.
Oa the waggeetion of the learned judge, the jut y returned
a v. rdict for the plaintiff for the mown chinned, ',object to a
spacial ore on the poista of law.

EXCHEQUER CHAMBER.-Fn. 1.
Skew in Error.—(Before the Lord Chief Justice of the
Common Pleas, Justices Williams, Crowder, and Wine*,
sod Biros. Mantis, Bramwell, Watson, sad ebonitelL)
I+ II V. ANTJX.— r ATINT
Mr. Bovill, Mr. Cleasby, and Mr. fliodemeralt were counsel
for the plaintiff; Mr. Manisty sad Mr. Webster represented
the deefeadaut.
This was en action to support the plaiatirs patent for
inhaling woollen cloths, or her, sad the &simian of the Court
of listen's Bench was infavntu of the derehthutt.
The court, without hearing defendants' conceal, affirmed
the judgment of the court below.