The Express.
London, England, 1860-12-07 00:00:00

latv Inttiltietut.

COURT Olr QIIREIVB BENCH. —Do:. O.

&Wags at Nii Priv; ether Tora--(Before the Lord Chief
Justin mud Spada mod Comma Juneß)
ICA AID AND AllOl7ll MOO AND ANOTHER.

n 132 warn as attics by the MOM% Howard, the well•
Meow LI agricultural implement makers at Bedford, against
the defeuiLinta, who are irosmosgers at East Belford, WI
well as owners of a foundry there. The defesdants were
charged with frauduleatly melbas pleelde esaliatitrrlretsed
with the owns and trade mark of MIPISM. Ho s firm,
without the same halving been manufactured there.
Mr. ilanisty, tte., and Mr. H. Mills appeared for the
phiutiffs ; Mr. Hairline, and Mr. Mitered for the
defendants.
It would s r that formerly the plaintiffs carried on an
ateaaive trade with East Belford and the surround*
seighbourhood, the demand ter their unpleiests
teeing very coomilerable is the locality. A pewee
of
the same of Curtis ailed as their swat
at East netford, sod wlreserwer as order come to
thou, from thence their mete= weer anise they led a per-
wad acqmiztaners with the semise. to Mae the Watts to
Curtis. However, at last their halms at Nast Bedard
falling off very much, they wee had late ieveritiabig the
muse, mid were induced to the ewashusits that their eest-
iags were being fraudulently aradietered rd sperietwly
tstreduceil into the market. With • view to discovering
the truth their traveller, in the sell of Jane last, elated
the defendant's foundry, and sawd ter a wheel, a breast,
and a slips of a ploo4l woad* is the pie/IMM sake.
These was all auppleed to blamed to at the some time sew
arigther slip* of a plough with the plaintiffs name and
mark upon it_, and not only were the outisp which the
traveller purchased all impound with the name soil
mark of the plaintiff., but Sameel Ledger, the other de-
fondant's son, told him that they were Bedford metal. The
plaintiffs did not press for damages ; all that they wanted
wee to vindicate their rights which had been outrageously
abused.

The defeoce we, that althoegb loose few cutups of the
plaiotiffs had been mannfactured. yet that bad been done
without any fraudulent intent. Tureen who had been
supplied with the plaintiffs' ploughs eaM tothe defendants,
or were sent to them by Curtis, vise was the agent of the
plaintiffs, and required to have itaanfactured for them
fresh castings to make up for parts width had been broken,
or which were wore out. The broken parts were always
heeded to them, and they mewl Ma pert' to repair the
injury or deficiency. In that way the same and trade mark
of the plaintiffs' firm cam lobs imprinted on the defead-
ants manufacturing ; and as they mere always in the habit
of cc casting each part in duplicate, teat one might not fit or
be injured, it happened that they were able to supply the
defendants' firm with the parte he regaired on the coossion
al hia visit. In this manner they bad re-cart a splide foe a
man named Emadale, and they had made some bromine fee
Curtis. But then Curtis was the agent of the plaintiffs,
ad if any one should hare been proceeded against it was
°arta.

6171Lortl Chief Justice Wing summed up the evident*,
The jury found for the plaintiffs on all points=
that the defendant.had frandulentlyintitated the
outions, and that they had manufactured for Curtis, knowing
that the latter intended to introduce such castinp into the
ambit as Howard's. Damages 40•.
Hu Lonlibtp certified fora special jury.
(Before a Commas Jam)

The pUintiff in this action, Elizabeth Greenwood, resid-
ing in Minleyeireek Plinliouwhobelosup to that class whose
position is described as etpuvocid, sued Joseph Creech, a
licensed victualler, and landlord of the Blue Craw public-
louse, Wardourstreek Soho, for an assault, and for injuries
done to the plaintiffs clothes.
Mr. lluilirton, Q.C., and Mr. Griffis appeared for
the plaintiff ; Mr. rearm for the defendant.
It would seem that on the night of the 10th of Sep-
tember, wirucwhere between 10 and 11 o'clock, the plain-
tiff, accompanied by • female acquaintance of the same
class as 'uereelf, entered Biota's public-house to Jermyn.
street, for the purpose of meeting there a man named
Pacey, with whom she was on intimate terms, and from
whoni,Tacconling to her statement, she had received •
letter from Portsmouth, telling her so to meet him. On
enterinas g, the plaintiff inquired at the bar for racey„ and she
p* w tobl Le was there. Whilst wan for him she called
for a glue of porter, and being over it the dates-
slant, who bad been upetairs ' over an benscraie
meeting, and was somewhat the worse or drink, descended
to the bar, and Immediately accosting the plaintiff asked
her whet she was prepared to *tend. The plaintiff declined
to stand anythin, saying she knew not who the defendaat
was. The defendant, however, reiterated his deemed, and
the plaintiff still refusing all compliant*, Creech Snit
seized the plaintiff's companion and forcibly ousted her
from tae premien, and then • the plaintiff be-
teeth the breast he caused all porter is the
glass to spill over the plaintiff's velvet matte
sad silk dress, and then, with great Aimee,
elected her into the street. The mantle, which bed sod
the plaintiff 5 guineas, was completely spoiled, and bad
been since nut up. for trimmings; the dress, which Irma*.
wise irreparably injured, had been given away. After the
occurrence the plaintiff went in search of a policetena, bet
when she returned with one to Bignelle the defendant bad
departed. A written demand for compensation was thee
addressed to the defendant, but he turned a deaf ear to the
claim

Oae of the barmaids at Divas haring been called, tee.
tified that the defendant had first accosted the plaintiff and
iu the way described, and she likewise saw him OM her
from the howls

The neat witness, William, the potman, proved that the
ddendant had taken a pod deal, yet he was quite sober
enough to go through all the details of his bill, which
amounted to between 3s. and 4e. He distinctly saw the de.
fetidant ejecting the other female from the bar, and be
beard the pLainuff screech when she was seized bessailt the
Mast. He also sew her pot into the street. All the
porter in the ALUM had been emptied out on the plaimUffe
ohdbes, and undoubtedly they ware greatly damaged. He
found her outside the door cry*, and he hat her his
pocket handkerchief to wipe her clothes.
The defence was that Creech had been spending the day
at the mist rad of the town on haelsam, and that intim even.
iez on his way home be had repaired drat tea public house
in the Haymarket, and thee to Barbell's with a friend, a
tesisslar h. Wardourotrest There was no doubt he
bad been docking a great deal. When leaving Bissell's be
ma accosted at the bat by the plaintiff, who asked tire was
be mot going to stead a gime of port wine, which be refused
each. the then attempted to handle him in not a very
&Beate manner, and in wording off her approaches his hand
eine* her breast. The plaintiff then screamed out. The
allfesdaut, however, euuiely denied having ejected either
al the women from the house, and as to the spilling of the
peter no the plaintiff's clothes that occurred in the
attempt of the defentlaut to avoid the advances of the
plaintiff. At any rate, the isjariee both to the plaintiff in
her person sad her clothes hail been greatly exaggerated,
otherwise why bad not the clothes been produced in court!
The impeobandity of a man 10 the position of thedefeedant,
and who bad been already imeschug several shillings io
drink in the comer of the evening, dermading of the plaintiff
to ststil smoothie V., strongly urged upon the jury. His
friend the tea.&:ler was out forthcoming, but that was
because so nee could smarten' where he was. He had
Dm:owe baakrupt, sail was mapposed to he out of London.
Defoodant had only seen him nom since the might in quid.
lion, and that was a couple of days afterwards, and then be
sea sot sober.

The te.uto,t counsel on both Bides haying commented on
the s,.Jera e,
. _ _

Hw lordah;p ch.uxed the ,ary, who found for the plain.,

Oa the ►ip&aueo of Mr. fiteklleston, his lordship oer-
ti6•el that it was a prover war to be tried is the superior
refirts.

BAIL COURT.—Der. 6.

stiLp at Ni■i Prins at Itraitaxinster. —(Aeter, Sir.
Judie* 'rem ptaa and Cammea Jane& )

T. CIPIIII.

This was an action to recover compensation an da-ns,-es
far injuries sustained thrmuth the alleged negligence of the
alidendwt. The defendant pleaded not guilty
Mr eienealy and Mr Rigor were counsel for the plaintiff;
Ms. Hawkins, i, ]Sr. Field, and Mr. Murphy, were
mewl for the deft relaat.

It appeared Loa the plairddre caw that be wee • poatil.
lion &mug a earring., from the hod Epson' race., and that
the defendant, who we driving a carnageand.rair, drove
lteitat him, and broLe his kg, The evidence via of
the &nal reatictieg ammeter ia ;beet came. sod occupied
the esitit the whole of yesterday and a poetics of the pre.
1r1.01.11 oily.
trltirnatelv the jury returned • verdict for the plaintiff—
des,:ages,