The Express.
London, England, 1859-02-01 00:00:00

(Stamped Id. Additiocel.) [T WOPENCE.

NAVAL AND MILITARY.

ADMIRALTY, JAW. 31. APPOINTMENTIL—Com-
mender W. N. W. Hewett (V.C.), to tha Viper, 4, mew
steam-vessel, et Davenport, Mee Untamed A. B. Hodgkin.
nos, suped on Ide own resew.
Lieutenants G. A. Demise (1856), to be flag lieutenant to
Rear-Admiral Hops; C. In Mesorter (1866), and A. Butler
(1864), to the Hogue, 80, mew steamship, for coaat-guard
service at Greenock ; C. O. H. P. St. John (1846), C. J.
Wrry_(lB6o), C. J. Howley (1862), N. C. Singleton (1868),
and W. Johnston (1866), to the St. Joon d'Acee, 101, screw
steamship, at Davenport.
Heaters C. R. P. Forbes (1848) to the St. Jean d'Ame ;
T. R. Coillugerood (1862), and Ciahea(le37), edditimet
tauten to the Exmouth, 90, mew deem gaudehip of
ordinary, at Devouport.
Second Master F. J. Ray (1864), to the Vowel's, 8,
paddle-wheel deem West Coast of Africa Mattes.
Paymaster G. W. Dlektkorn (1846), to the St. Jean
d'Acre.
Clerks H. W. hadreme, sad A. P. Con, to the St. Jean
d'Acre.
Asaistant Clerk T. W. Cleave. to the St. Jam d'Acrs.
JAN. 29.-Btugow J. C. Webb (1848), to the Terms-
pat, 23, wow Wont Mote, at Portsmouth; end W.
Humphrey, to the Gannet, 11, screw steam sloop, at Dome-
Port
Acting Imisteal-Itursome T. S. Burnett, to the Gomel ;
end T. E. Georges, to the Termagant.

LWH, Jast:l.
The tompbt, elsearmasel, WOO IC
llsetir-Oseintell
der
Holliston, le ordered to be completed and got ready for im-
mediate service, and 60 'Additional shipwrights were em-
ployed on board this day for that yarpcsm

-CIiATHAIE, JAW:

This morning the followingtroCisiioOeMieiito
Gravesend and embarked from Cutom-honesequay on board
the Ardbeg, Captain R. Nicol, for Calcutta, for the purpose
of reinformng the respeotive regiments serving in the
Preeldermy, Buffs, 27 non-commissionerV
cars sad men; bth Fusiliers, 20 men; 19th Regi-
ment, 2 men; 20th Regiment, 26 men; 29th Regi-
ment, 63 non-commimiceed officers and men ; 32nd
Light Intsatry, 1 ; 36th Regiment, 1 men;
42nd Royal Highlanders, 29 men ; 60th Ribs,
20 men; 64th Regiment, 1 men; 67th Regiment, 63 non-
commissioned officers and men ; 75th Regiment, 22 non-
commissioned officers and men; 77th Regiment, 1 man ;
78th Highlanders, 1 man; 84th Regiment, 1 man; 93rd
Highlanders. 21 men; and Roysl Artillery, 46 non-com-
missioned officers and men. The odious who embarked in
command of the troops were Major C. J. 0. Bwsffield, 31st
Regiment; Captain F. C. Griffin, Royal Artillery i
L. J. Bluer 6th Foot; Ensign W. Bo tett, 29th Regiment;
Ensign G. T. C. Moore, 42nd H ; Resign 0.8.0
Butler, 60th Riga ; and Ensign J. W. Chaplin, 67th Regi-
ment. Staff Assistant-Surgeon G. Moorhead embarked in
medical charge of the reinforcements.

THE LASE.—Corporal punishment was yesterday
inflicted at the Royal Artillery Barracks, Woolwich. The
prisoner, &driver belonging to the H Battery, Royal Artillery,
named Henry Smith, quartered at the encampment on Wool-
wich-common, had been convicted by a board of officers of
gross and insubordinate conduct, tending to subvert the dis-
cipline of the service, and was condemned to receive fifty
Mabee, and to be imprisoned in Fort Clarence for the term of
eighty-four days. It I. stated that he is one of those obsti-
nate ohs:octant on whom all other punishment short of the
extreme severity resorted to yeetetday has failed to produce
a profitable result. On a recent occasion he perversely TO-
fumed to perform his stable duties, and when brought before
the officer commanding the battery he defied his authority,
and swore that no amount of threat or puniihment should
subdue him to submission. After receiving the fifty Whom
the prisoner was taken to the infirmary, and on his recovery
be will be removed to Fort Clarence to undergo the re-
mainder of hi. punishment.

THE EDUCATED mg'AT THE AMERICAN

-c-Az,e-8:

The following OM was tried before 'jury at the
Birmingham County Court on Saturday :
The plaintiff wan Mr. Richard Moffatt, equestrian. end the ddendent the
Popular clown and proprietor of the American
equestrian company Performing up to Saturday evening last
in the Circus, mom-street it wee brought to recover
damages for breach of con trod, 281. being the amount
claimed. Mr.Rawkes was retained for the plaintiff ; end Mr.
Eters, barrister, of the Midland Circuit instructed by Mr.
Harding, appeared for the defendant,
From the opening of the former teamed gmtlernin, t who
would
addremed the jury In a somewhat tumorous vi '
seem that abortly before Christman last the ain
the proprietor of the well-known " who is
eccentine,
who had elm two eons and a den " and
daughter in the
some profeadon se himself, hearing that the defend
ant, who chose to style himself Jim Myees, -
Momus of the World "—(a laugh)— was shoat to open
with his American equestrian troupe in the Moor-sleet
Circus on boxing -night, wrote to the defendant from Belfast
offering hie emee, and those of hie family, his mule, and
• ring horse, if there wee a vacancy for them. In that
letter he stated that the performances of himself and family
consisted of "pantomime sole," "trick Rd'," double tight.
rope demotes, and hats with the horizontal pole. The de-
eply, to which the plaintiff, in
,Ister= eurp to emstes naturc
law tome, i. Herthen
that
les whoa we were map were Pulsate on
o=ese have net telsed; sods Modem you •bM
slionges, which yea are at liberty accept. Had you
offered 71. a week, and • benefit on moderate terms, or 8/.
without • benefit, I would have accepted the terms, pur-
posely to show our utility. Do not suppose my family are
children: one of my boys le over seventeen, the girl is
seventeen, and the other boy nine, and it costs me a con-
siderable sum to beep. them in clothing and dresses to make
a proper app is appearance in and out of the ring." The tetitiff
elm added, ' What the use of talent, horses, good
woodcuts, and lithographs, if you cannot get paid fa;
them P " One of the " challenges" referred to wee that the
1 mule, which was also included in the offer of engagement,
could be backed for 601. to throw any one who attempted to
get cable back. The defendant at length wrote, and agreed
to give the plaintiff 71. a week, for himself, family, home, and
mule 'abject to a fortnight's notice, which terms were ac-
cepted, Moffatt being duly announced to appear as "Don
Juan," " The Fat Clown" and as the Meaner of the
"eccentric mule." The bill stated that the proprietor had
secured, "at an Immense expeme, what the Thus had de-
scribed se' the animal of wisdom—the educated mule, which
no person had ever been able to ride." (Laughter.) So Mr.
Moffatt and his troupe came over from Belfaat at an expense
of 171., and joined the corps of the " Star Morons." He made
Ms first appearance on the Monday ; the house was crowded
with an enthusiastic audience, and " Don Juan " and the
trained mule went through their performance to the delight
of all. Several persons tried to ride the animal, but one
after the other was pitched off hie back amidst the greatest
merriment. The sense satisfactory result attended the day
performance next day; but in the evening Jim Myers, who
it must be admitted WIN perhaps, the most inimitable
clown of the day, after several persona had been thrown by
the mule, offered to give • sovereign to anyone who could
ride him. The challenge was accepted by a butcher in the
gallery., who entered the ring, and after three vain efforts
succeeded, by dint of almost strangling the animal in holding
him so tightly round the neck, in keeping on him during
three rounds In the circle, and Myers had to forfeit a sore.
reign. After this Mr. Myers did not appear to see much
clevemess in the performance of Moffatt's troupe, and on the
Saturday, when be paid the plaintiff, he deducted the sove-
reign he had forfeited, and gave him a formal intimation that
his peewits' would no longer be required, stating that he had
bean deceived by his representations se to what he could
perform. Under these eirmumtanoes Mr. Hawke' sub-
mitted that the plaintiff was entitled to • verdict, unless it
could be shown that his repreeentstions to the defendant
were false or in the main untrue. After mentioning that
Moffett held • high reputation in his profession, that he bad
been engaged at Astley's, Madame Newsome's and other
first-clam establishmenta, end poeseseed testimonials se to
hie accomplishment., Mr.Hawkes proceeded to call evidence.
The plaintiff, who wee first examined, substantiated the
main facts stated by his advocate, and in crone-examination
said ha did not hem any hissing during his performances, or
theme die family, or his mule. He was only blued once,
and that wasbecame be had to follows performerwho played
a sailor, which was the character into which he changed from
Don lean, and the audience did not care for the repetition.
He made an engagement with Mr. Holder, of the Concert
Hall, on the following Monday, not feeling disposed to remain
idle and starve. Mr. Holder, he admitted, complained of the
repo dendng of his son and daughter, but this arose par-
tially from tea slackness of the rope.
Mr. Filet, an equestrian agent, Mr. Caahmore, formerly a
musician at Newsome's, and Mr. Hermstone, manager at
Newsome's, having been called to prove that the performances
of the plaintiff and his family end the mule had always gone
off anocessfully, and always "drew" well,

Mr. Eters addressed the jury for the defendant, arguing
as his chief ground that the defendant was justified in break-
ing the contract which was entered into upon a tissue of lois-
repreeentatices on the part of the plaintiff in his communion-
trona with the defendant. The specific misrepresentations
upon which the learned counsel said he abould rely wore as
to the " trick acts," the challenge referred to in the bill for-
warded to the defendant, and the allegation by inference that
the plaintiff and hie family were provided with proper
dresses. The defendant, In tact, was deprived by the misre-
presentations of the plaintiff, who was so inadequate to hie
work that he was hired by the audience on more than one
orceaton. Moreover as he was instructed, the plaintiff was
discharged b
y Mr.
y Mr. Holder for similar reasons to those which
actua the ant.

—Mr. Myers was then called, and stated that he saw the
plaintiff on the Sunday after ChristmesAsy, when he asked
what he should do on the Monday, to which he (defendant)
replied that he should like him to do as much as be could.
Moffatt said his eons would perform on the pole, that one of
them would ride a trick act, and he himself would " go in"
as clown, with his mule, which three things would make a
" hit." On the first night he had to complain of the dresses
that Moffatt and his eons wore, and told them he must have
them altered, as none of the members of his establishment

were in the habit of wearing ouch drestea ;--.----. bat they were
not changed on the following evening. The eon who wee
to ride trick acts never turned a summersault on the home,
as he (the defendant) understood he woe to do, and which
' was one of the principal things he engaged hint for. Moffatt
told him that hie mule could not be ridden by anybody, and re-
peatedly persisted in the assertion. The first eight Moffett
appeared he was hisaed, and he (Mr. Myer.) was so dia.
guaiod that he went out to the front of the circus and would
ass so more. If he hod not bad the bills out for the week he
should not have allowed a repetition of his performances nor
those of his family. None of them in his opinion possessed
" a spark of talent." As regarded the mule, he (defendant)
suggested to the plaintiff that he ought to offer a prize to any
one wbo could ride him, and the plaintiff replied, "Yon can
offer what you like, for I are sure nobodycan ride him." On
the night when the butcher came forward there was genera
hissing, because he and Moffatt interfered, and the butcher
having been thrown three times, caught firmly hold of the
reins, end held on three times round the ring. He (Mr.
Myers) observed Moffett push the butcher off once, by a pro-
fessional trick, end then left the ring. He was obliged to
continuo the mule nightly, because he was advertised, or else
he should have had a disturbance in the circus.

In croes-ersminstiou, Mr. Myers mid that in the bills for
the following week the lines respecting Moffatt and his 0104
and family, were withdrawn; but by some oversight on the
part of the newspapers they were adrertised during the next
week, though he had the error corrected as soon as he disco-
vered It.
Mr. Anzio], a circus clown, afterwards deposed to the mule
having been ridden two or three times to his knowledge, and
0110411 by himself ; and subarquently
Mr. Holder was called. He said he had occasion
to complain of the tight rope dancing of the plaintiff's
son and daughter; and that the pole performance did not
give him satisfaction. The performances of the plaintiff and
hie mule, however, were well received, and they were both
called before the curtain each night. (Laughter.) Ile only
engaged the troupe for a week.
Mi. Hawkey having ably replied,
His Honour laid the law and facts of the case 'acidly More
the jury.
After a short consultation
The Jury found a verdict for the plaintiff, damages lit.
Comte wire allowed, and payment was ordered in seven days.

BILLS FOR RAILWAYS MID PUBLIC IMPROVE-
SZ/Clll.—Yeaterday the examiners, Kasen. Smith and Frets,
declared that the standing orders of both Bosses of Parlia-
ment had been complied with in respect to ,ha following
bills:—(Before Mr. Smith)—Central Wales Railway, Dagen-
'delays end Wexford Railway, Norwich (city) Waterworks.
Metropolitan Railway (Deviations), Standard Life Assurance
Company, Chichester Hartcur Embankment, 1100106 and
Reston Railway, Wirral Waterworks. With
two to tha
West-End of Loudon and Crystal Palace Railway bills).
the standing orders were not complied with. (Before r. Frees)
—Queen Charlotte's Lylnrin Hospital, Charleston Railway
and Herboar, Midmost Fire and Life Insurance Cons. piny of
Wells and Fskenharn Railway. Maybols and
Olivia Rallra Brecomditre Railway and Canal, North
sad South Loadon Junction Railway, Glasgow Corporanort
Waterworks.

ilitlvertiaementl HOLLOWAY'S OIN TMEN T.
Wens. swan w AM 'Writ.. enlargement of tbo
f sod WI the winksot nodulous and wrorbutle eruptions. etre
Wine& and in • very shun time thoroughly enrol by tab
swims sad powered eintreed. It impereertlhly enter. the .).4tra
the pone of sheiks... mit totem ant impregnate. the inns,
most 111 i. of mellowed MOIL Ts faellitate the ready arenrption of
the unmet, the wads eiseuld he preslowly spell fomented Intl, luke-
warm .at. winds minxes Ma meth sad more fully tviapta them for
Irene -mittlen the pmparetim thtoroes*ls the IOW:10114SL Olen It iontee
the wide et the disown upl ex It entirely from the emneltutlon.
This 'Worth Muth be Month Tubbed Leto tbep arts aroma