The Express.
London, England, 1860-11-17 00:00:00

BAIL COURT.—Noy. 1&

Pitiinip at Nisi Pries.—(Before Mr. Justice Crompton
and Common Julies.)
BINISHINOL O. GALLAOINAL-171 TALIINO 718 H.
This wee en action brought by the plaintiff to recoverlll.
for services rendered to the ddendant, who pleaded never
indebted.

Mr. Pearce was counsel for the plaintiff, and Mr. Digby
Seymour for the defendant.
Mr. Pearce, in stating the case for the plaintiff, said that
he was a native of Gibraltar, and had come over to this
country in company with an animal which had acquired a
considerable amount of distinction, " the talking fish," un-
happily now deceased. The fish had been brought over
by a Ir. Caved, who exhibited it at Liverpool, and
while there It was purchased by the defendant,
Mrs. Gallagher, for 300 i. It was arranged that the plaintiff
should enter into the service of the defendant in attead-
awe on the fish, to which he wee much attached and to
whew wants he had been in the habit of administering. So
aiglaintiffwas envied " to go circuit" with the fah—
ter)—at a salary of 1L per week, with board and
and such perquisites as be might obtain from the
spectators. The fish died ; and in consequence of some
depute the plaintiff left the defendant's service. The
plaintiff now claimed his wages of lt. • week for 61 weeks,
seder the arrangement he had made with the defendant,
who had promised to pay him as soon as she sold some waz
figures which she bad ether exhibition.
The plaintiff waii then nailed. He said—l am a native of
Gibraltar, and was in the eniploy of Mr. Omni, who in-
truded to my care "the biking fish." I wee at Liverpool
le December, 185 S whoa the fah was exhibited in Lime-
street. A Mr. Pollard, • friend of the defendant's, came
and asked me if Mr. Cavani would sell the fish. The de-
fendant bought the IA far 3001. I asked her to let me go
into her service, 'elves very serious to be in the society of
the fish. (laughter.) We entered into en syusmcut
for my services. I Ives to have my beard
two suits of clothes, IL a week, sad mailbag I 'eat?.
the visitors. I continued with the fish in all tin
until it died, and for some time afterwards I remised with
Mra Gallagher, doin what I was told.
Orces-examined—The flab died two or three weeks before
Christmas. There was • person named Ills. Franca as
housekeeper to the defendant, at her private hotel, which
she keep at LiverpooL Mrs. Gallagher did not say when
she took me into her service that she would only board and
lodge me, and let me have pocket money when I wanted it,
to pay for my washing and such matters. She used some-
times to give me a •
shilltmgto go out with on • Sunday. The
visitors used to giveme money. One lady gave me sa. ;
another, h. 6d.
Mr. Seymour—Then your perquisites depended on the
number of the visitors?
. .

lir. Justice `roropton —No ; on their liberality.
flaudittor.)
Crum-examined—l did not say to Mrs. Francis I got
money from the visitors, bat when I do not get enough my
mistress is to give me something. I did not my to her that
I had my board and lodging and two suits of clothee in the
year, and that therefore I had e good place. I dined with
the defendant two or three times.

Mr. Justice 6roriipt;TnltitTught you dined with her
every day
Mr. Pearce—No, my lord ; the defendant's residence and
the exhibition were at different places.
Mr. Justice Crompton—Oh, then, you dined with the fish
(Laughter.)
Wittier—Yee, my lord. (Great laughter.)
Mr. Justice Crompton—Had you your made with it?
Witness—ln the same room.
Mr. Seymour—Did not Mrs. Gallagher give you a watch
Witness—Yea, and hare it is ; sat is worth 30a. (Laughter.)
Mr. Seymour—Did she not say it east her 51. ?
Witnen—l believe she did. I don't recollect. I did not
ay that while I was in her employ I saved 101., which I
bed seat to a relative. I could not are If. (Laughter.)
I sever applied to the defendant for navy. She said to
me after the fish died that she would give me some money
whim she sold her wax figures.
Mr. Seymour, in addressing the jury for the defendant,
said that although this was an action about a talking fish,
there would be no occasion for much talk on either side.
This wonderful animal, which was nothing more nor less than
a seal, had been unfortunately caught off the coast of Africa
one line sunny da, while he was enjoying his usual
recreations. (Laughter.) It was said he could imi-
tate the human voice, but all his colloquial capabi.
litiss were limited to his calling out " Ma," like a burly
child with a big roll in his mouth. (Laughter) That was
the entire extent of his education. The plaintiff had filled
a very menial aloe in the defendant's employ. It was his
duty to give the talking fish his bath and to wrap him in
fleangs afterwards, In fact, he was a poor foreigner, whohad
come over in the same ship with the fish, and at that time
knew but little more of the English language than his com-
panion. The learnedcounnselcontendedthere bad been no
sgrtement to pay the plaintiff the 11. a week.
The defendant was then called and denied in the moat
positive terms that she had engaged the plaintiff at IL a
week, the agreement being that he should be boarded and
lodged, have twosuits of clothes in the year, and the monies
given by visitors. She added that the plaintiff had made
more money than she had by the exhibition of the talking
fish, by which she had lost I,ooof.
Cron-examined—l do not know where Pollard is now.
I decline to say whether Pollard and I cohabited as man and
wife.

Mr. Pearee—You decline to Ammer that?
Wilmem—l de and it is very impertinent of you to ask
the quads. g;aughter.)
Yr. Pewee—Where do yea live at Liverpool
Witness—l keep a private hotel called " Detmore's
eethe4seeee.*

Yr. Neree—le Han improper house, frequented by loam
cesisalin ?

iniass;l4 dee% know. You may bare been there for
all I know. (Laughter.)
Yr. Pearce—How came you tnt to see the fish
Witness—Paid " tuppence." (laughter.)
Yr. Pearee—lt was the diet "taking tsh" that cver
mane to this country ?
Witome—Oh, no, there was ooe in Elliototreet, Liver-
pool, four years before this one. The plaintiff never asked
las for moos,' whoa he was leaving.
Reozanilsed—Thim tense was set down for trial in the
summer, sad Pollard was them here to atteed as a witimea.
Yr. Seymour—There wad so pest sit in feedlot this
Yr.
?

Is..—Oh, so, sir.
Mr. ifiressaar—Ho did not hake hi. food out of a baby's
bettia, I eapposs, though he did lay "Ma." (Laughter.)
What did lo eat

w-P .

-I"sh that did not " talk." (Great laughter.)
Yrs Yewi, who sow keeps a confectioner's shop et
Edge-hill, Liverpool, and who wm formerly housekeeper to
the defendant. gin, amidst much Laughter, the following
aoceunt of a conversation she had with the plaintiff shortly
after be had sawed the defendent's service I remarked,
"John bow main you leek." Es answered, "1 wee •
poor man the ellinr agy ; I sat a gentleman uow." I said,
Jan do you get any wave 2" mid, " No, I've got
peed elothen pied" el mat. and a_good bed to he my end
I eat what the give was that is not suffi-
cient my mistime v ies my wants." I said, "John you
are better off than I am, for I have to find my own
clothes."
. _ _

Cross-examined—l got roomy from persona who need the
hotel. I had no wages. 01 manycomae gentlemen
brought their wives there. I did not aak for their marriage
certtficatea, but many of them showed them to we unasked.
(Loud laughter.)
This closed the case for the defence, when Mr. Seymour
summed up. after which Mr. Pearce replied.
The learned Judge having brad', summed up,
The jury found a verdict for the plaintiff-damages, 45/.
COURT OF 001IXON PLEAS.—Noy. 16.

Sittinp in !terra —(Befon Lori Chief Justice Erie and
Jiistiese Dyke and Keating.)

FABIUS r. LI T.-UZ XL.

This was an action against the proprietor of the Daily
referreh to rorover damages for two alleged libels pub-
lished in that paper under the following eircunuitances. The
plaintiff wee a marine store dealer tarrying on laminar in