The Express.
London, England, 1858-11-03 00:00:00

THE EXPRESS, WEDNESDAY EmENrom, NOVEMBER 3, 1858

Rabo Initilignut.

COURT OF QUEEN'S BENCH.—Nov. 2.
Sittisgs k Buiso.—BAre Lord Campbell (Chief Jona*
_4 Janda, Wiebbasa, Brl., sad Hui.)
Minor v. MOSTLY or Tall 111.1)101D CHAWIT.—

To fhb *elms. which was triad before Lord Campbell drurlug
the aittiop at Guildhall &fur last term, the jury found a
verdict fur the platu.
tif. _ _

Mr. Knowle; sow moved, in menthes of leave reserved
by the loathed judge, to set eel& the verdict, and to eater •
eneenit or a via, for the defendants. The salon was
brought by the "next Mead" of the plaintiff, a child six
yeas old, for Werke easteined through the defective gassing
is front of a hones in Bedford-street, Red Li9e-equare, of
which the defendants were the ground landlords. The
defendants plaided "not guilty," and 'soundly, "net
Kurd Campbell—The came turns entirely on the last plea.
There was olesrlyr andess, but the question is whether the
evidence Rue the dsfeadrb with liability to keep the grating
repair.
Mr. Knowles said, although the defendants wets the
wain et the house, they had let it to • pawn named Mar-
ton we • Imes for 30 yews, of wide "may year had to ran
at the time of the seektsen. Murtha was bound to keep the
premiss in 'spar, and he let the greater part of them to sub-
tenants. In July, 1856, he beanie insolvent, and on the
26th of that &math pm up the inset° the Insolvent Court.
The aotnieet lamed • few days efterwarcle, via., on the 4th
Angus". Tbe grovianal magmas declined to elect
whether he weld hie the lease, and the de-
&Moab Wake male en applutatioa for it, the
mart used ea *der giving the lases to them
The ground minelpally rehsd upon by the plaintiff woe, that
OW the insolvency, end before the 4th Kermit (Murtha
having then quitted the premises), the deiendants paw
notice to two of the Meant& to pay the rent to them, and had
actuallyT received the money. T'hirs, it was ocaterided, put
the deieedeate Y poemeakm, is es to melte them Babb. iihr.
Knowles now sainained that it made so difference is the
esse, the house at the time of the accident being still in the
pamemitin el Maine, or the previsional essigeme; and se-
mike, resent authorities the Forty really liable Wog
not the owner, but the party occupying.
Rule granted.
HALLIDAT C. NORGAN.—A HOHAZ CASS.

This was an anion for breach of a horse warranty, tried
befog. the Comma Oedemas la the Lord Mayor's,,Cotart, in
which a madras was returned by the jury for the plaintiff.
Mr. D. Kress now moved, with the permlaidon of the
learned judge, for a rule to 11/11/7 0118•1 why the verdict
should not be est asideand • verdict entered for the defendant,
an the potted of miedirectioa. It appeared that the plaintiff
parchesed the horse on a weernaty that the animal was
mud; but &ding afterwards that it woo in the habit of
" shying," he retread It to the defendant, end brought
sa melon to the recovery of the purchasetacesy. He called
at the trial a yeterinary eargeoa, who mid the hone had an
emninally COIITOX comer of the eye which caused it to to
beet-wighted, and that es it went through the streets It
Memo embarrassed and "shied."" Ia reply to • question
he mid then we. ao dimes ia the eye, sad that the
" sitylas " arose oatbely teem the peculiar formation of that
The Colognes Hinimed teld the jury that be point of fad
threy
_maid leave to comider whether the defect in the eye
amid be oared if the bons IMO to weer ppsscc sad add
the V they awesespial= that the " site
jlog"of the Mese
eras him dekonsmine of Mike sr • enteral nesnormedian
of the rye, there was aasemadiess. The plaintiff weld be
mania to a verdict. 'Re Lamed eissmal ass emoesdad
that this was • adediesliss ea dee pent of the Jades. He
Woes nes samme beesist, wed the peak* liar of the em,
whisk was marely a asassolled dellegt, Ad met meant to ap-
esembome.

Lod Oarbaß—Woold so argadtal diet amount to
ing
smordser, allbou
U ?
gb It illsablid du mini from perform-
all No Ittasties• of • na
lb. Lem somordedl that the intheabit congenital
in this thee 11l rot .driedtbe einselathe ot the
rthelitida that it mist b• purart it yr MI by dr poor-
thane at the tithe at eds.
_ _

Lard Campbell gm of opinion that the Comte ilerjeasee
direction was wholly unexceptionable. It amid never be
tamed that the lea
Is red rned ju
meantdze
mwytesillelea bed been oiled
dinar
ibeabled a hone from doing what fillebdespected
Rem a mund home would sot be a bees& a trurreaty et
emminsee. If • horse bad bean nearly blind, et had hod •
annweeted toot from ita birth, surely that would be a breach
el warranty, although the defect might have existed before
the animal was foaled. As to the argument that the pur-
chaser was bound to take each. of the diet, than being ea
'sprees warranty he meld set be Wild qes to eased= the
eye narrowly sad see whether the wow was so fanned es to
produce short-idghtednem. lie thought there was abodast
etirlerece to support the verdict.
The otbmjidges concurring, the application wee shoed.
In the wares of the share et • ma, wiles MOS we hid
not learn, appeared au the dam et the wort, end said he bed
an epylicotioe to make to their lordship.
Lord Campbell—What la the nature of it P
The spot cent —I would prefer reading my affidavit.
Lord Cerupbe/I—Yon must state what rule you move hr.
'the applicant—l wish to move for a rule to prevent a pare
titular gentleman at the bar from practiMag at the bar moil
the we
made here, aad before your lorialdps' owe eyes,
eneaweired by him.
Lord Campbell—We have no aathoeity to make each
an order.
The applicant—lt is in respect of an it:AWN committed
before your lordahips' very eyes.
Lord cannot hear such a malice made.
You most aft down or leavethe

XL Justice Brk—Then is sootier tribunal to which yes
or apply. If you wish to prevent a barrister reactiatag st
tbs bar ter say safficiant reason you can apply to the
bewebore who .died Ur to the bar, and they am load es
bow sad 6sterraine the question.
The applicant—l thank you lordship for the ragpolks,
but I know sufficient not to wish to apply to a higher tri-
bunal than that.
The applicent thin returned his seat.

After all this, end after she had paid 2001. for writs of habeas
comes, her husband wee declared to be improperly in prison
ADA discharged by the Lord Chancellor.
The Lord Chief Justice said the 00Urt vas of opinion that
there wee no ground fur granting a rule. As to the question
of privilege that had been considered by the tdeeree Boo*
mod B bed been decided that there woe se Moths* trots
melt. He mainly essoarred in that visa. La to the
cable poiat Übe omit had previously decided the metier, sad
he bed so doubt about It.
Writ retaeed.

yards of silk, vela* 7k., the property of Charles Laing and
smother, kb manna
lir. fiedilt reemetel ; Mr. kleteelfsdelesded the prisoner.
The promise Yekandtspois. and silk mercers, carry
ing 011 MOM= Coemsercial-rosd
Baser *sew was la *fir mbpley es • porter. Ou
the dt pantie, was obeirred to take a silk dress,
wrap twit peer, sell Lyra o 'it. A hay matched him
and allenteade arm Idse ftesit the pared lathe dust-bin and
same the duet ever It. When tie Wears, west to break-
hist the boy watt to the dust-bin and took out the parrot,
mkt* was found to be a quantity of silk, of the value
shore stsW.

Mr. Metal* addressed the jury for the Flamer, and said
this was a very painful sew, inasmuch es the man at the bar
had hitherto borne a good oharaeurr I. this establishment,
whse his wile was employed as cook and his daughter as
servant ; hat endortanately, although the man had hitherto
borne a good character, he had lately taken to drinking, and
he wee away from his employment for • week in oonae-
q•ooe. Be had returned, and was In a drunken Sate when
this happened, and therefore he would leave the jury to say
whether ale was not the act of • man elms Intellect wee
bertad with drink rather than the deliberate act of a man
who intended to commit a felony.
Bernal witness were called, who gave the prisons •
♦ay excellent character for honesty for a number of yews.
Mr. Creasy rammed up the evidence, and
The jury toand the prisoner Guilty, and be was sentenced
to Ii naughd hard labour.
_ _

Jane Mosiststephen, 19, servant, was Malted foe Mean
Mae yards of menno, the property of Henry Bennett, her
maw,

Mr. Brooke prosecuted ; Mr. Metcalfe defended the pet-
al:oer.

The prosecutor in this ow was itheo a linendraper, car-
new on boidneas in Upper North-plan*, Oray'e-inn-road,
and on Sunday afternoon, the 24th ale., be was in his dining-
' roam, which is timids above the shop, end on looking
through the ventilator into the 'bop, he saw the primmer go
to the glove department and then to the part when the me-
rinos were kept, and take something. She shortly afterwards
left the home, he fetched • coastabie, and gave her Into ono-
Jody. Oa her way to the madam-house the prisoner mad* •
examanicatkat to the police-comitabis, and in consequence
he afterwards seat to the hones, and found a merino dress
in kldbohen, behind • dust-bin, which the prosecutor
identhled se ids property.
Yr. Metcalfe, for the prisoner, contended that the evidence
lees qtdie hmeafficient to convict the prisoner of stealing the
dress.

The jury hand the prisoner Guilty.
)&r. Cressy sentenced her to be imprisoned for six weeks,
and herd labour..

BioAwi Temp—
king, 20, carman, was indicted for stealing•
cheat of 111% value la, the property of the Great Western
Railway Company.
Mr. Rigby wee for the prosecution; Mr. Metcalfe defended
the wiermar.
From the evidence of a number of winters@ celled at the
part of the prosecution it appeared that the prisonar and
another carman named Harris were in the employment el
Mr. Harr* of the Aug.!, Farringdon-street, one of the
agents cif the Great Wester. Rahway. The prisoner re-
mind orders on the 9th of Ootober to proceed to the West
India Docks, but butted he accompanied Harris to Padding-
ton. While there he took a chest of tea which, with others,
W bees Owed in a truck for conventual to Taunton and
pa it on Mr. Hanie's van, but the foreman said it was not
Was, and removed it. The prisoner, however, said he
would chinos it," and placed it again on the van. The
ibrialla again removed it on to the platform, and afterwards
contemniested with the officials. The chest was seabed until
Mr. Harris's van left, but no one disturbed it ; and cubes-
gewatly Tompkins we.charged with having moved it from
the track with the felonious intention of stealing it.
Mr. Metealle mom-examined the witnesses at great length,
end in hie address to the jury urged that the evidence lad en-
tirely Isilla to make out the charge of felony.
Mr. Clem" having summed up, the jury found the pri-
mer Net °Katy.

contradict the nnico4 statements made by several labonren
and Mr. Myers on Monday last. It was stated that he
had received the money for the wages and had absconded.
Mr. King said that was net true and Hallowed to go forth
to the public unooutradicted would be very injurious to hie
character.

Mr.lllWcham having explained what had taken plus fa
court.

Mr. King rid—l never signed any oontraot with Mr.
Myers. On Friday evening last he returned from abroad,
and then be wanted me to eign one, but I refused, and told
him all I wanted wee enough money to pay the men. On
Saturday I called for that, when I was offered 111. le. 6d.,
which I raid was of no we, and told him I should send
the men. When I found Mr. Myers would not pay
them I west everywhere to obtain the money, but I
did not abscond. Mr. Myers knew that 111. would not
pay them, but I have slum paid them to my loss.
I have been under no agreement or contract. Mr. Myers
employed timekeepers to look after the men, and their time
was taken and work measured before any money was paid.
Mr. Myers undertook to pay the men. Of course when I
rtquired 401. for that purpose, and ho only alfind me
111. 1 ad., I sent the men to him.

Mr. Burchara—l suppose that what remains over aftar
you hays paid the men is yours?
Mr. King—Yes, sir; but I only attend here to vindicate
my character from the aspersion. mat upon it by the news-
papers, es one of them has not given the whole of what
transpired before you.
Mr. Burcham—l am very glad that you have attended to-
day, as it has taken an impression off my mind which seemed
rather unfavourable to you. It is now quits the reverse. I
am sure you had no intention to run away from these poor
people, but that you considered that Mr. Myers Hader the
circumstances, ought to have paid them. It hen i mimes fkom
• dispute between you and Mr. Myers.
Mr. King—l wish it to be understood that I did not
abeeend, as stated by the papery. Stich • term might injure
m character for life if lilt =contradicted.
Mr. Burcham—lt is quite clear in my opinion that you
did not abscond. Is fact, that was a term made um of by a
Due who perhaps did not understand its meaning.
Mr. King thanked his worship and withdrew.

SERIOUS LOU OP LIPS AND 1111IPPING
1411ING TEE LATE GALES.

SHIELDS, Tutenar Foaasoosr.
We have already reported that • vessel named
the Wingrave, belonging to this port, wee run down and
perished with all hands during the late gale. Theme is now
little doubt that another collier vessel, the Amaranth, of
[listen Shire, has also been lost, and that *very one on board
have suffered with her. She left Cuxhaven Ws weeks ago
In ballast for the Tyne, and hes never sines been heard of.
She had a crew of ten or eleven heads, and the muter's
wife was also on the voyage with him. So that twelve
persons at lout must have perished. Several ships that
have reached here from Hamburg report having
parsed the wreck of a lugs brig, apparently of
about three hundred tone, Boating about on the
edge of the Dogger Bank, and about Duty mike from the
English coast. She appeared to have been a foreign brig,
and it war thought had been timber laden. Every inquiry
has been made at the outports to ascertain if the crew of a
foreign vessel had been landed them, but no information an
be gathered with regard to them, and it is very such feared
that the crew of the unfortunate brig have all
The mew of the brig Dalston have arrived at their =in
Shields without an article of clothing except that whleh
they wore. She we. proceeding from the Tyne to the Me-
ditenanean with coals, when her decks were swept by a
heavy sea se she warn peening along the Suffolk coast. The
sea swept away the long-boat, and immediately after the
vowel began to sink. The master' Mr. Barker, however,
got the sieve boat out, end mowed all lila crew away in it.
They bad only been • quarter of an hoar from the vessel
when she went down. The mew of the vessel, Niter pulling
in their trail end overladen boat nice miles, fortunately
landed at Lowestoft. The natter, chief officers, steward,
and two seamen, lost in the Henry Tanner, of Shields, awn
Aden, as reported by telegraph, ware Tyne sea.