The Express.
London, England, 1850-04-04 00:00:00

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WESTERN CIRCUIT.—TAUNTON, APRIL 2.
Dismission or A DianaArn GANG or 111011W•TYIN.
Jos•A Brittain. Walton &wing, &MIMI Bryant,
Jailn Rapt,. and Sanwa Ropers, ware arraigned in term
chairs of robbing persons upon the highway.
rtraotlh only as. of the eases was gone into, ample evi-
dence was produced to show that they formed a gang of
desperate robbers, who for some months prior to their appro•
hennas had spread terror through a portion of the counties
ct Onnoestar and Somerset. The chugs upon which the pri.
sonars were tried was for assaultiog Joseph Wyatt on the
Queen's highway, putting him in fear, sod stooling from
hint a pocket-book, a silver watch, a neaerchiel, and other
articles. . . .

The praecn•or had attended Bath market, sod woo on hie
road hos. to Wick, in Citonoo,orsitlr?, when, upon Lane-

downy, he was Moult sin villa's, —who— stopped
his hone, and attempted to drag idea se Finding
this a lies easy than it sprinted, one of
them cat the stinup•lenther, and 'Wyatt Ming his
balsam, fell on the ground. The robbers then knelt
on him, and rifled his person, Samuel Rogers begging
him to be quiet, and he should not be ill-treated. After
they bad torn open his Goat, waistcoat, and trowstn, and
taken the handkerchief from his neck, Brittain bid them
give the— a smack on the bead, and let him gs. Pro.
secutor was enabled to speak positively to the identity of
Brittain and Samuel Rosen,
.and the remaining evidence
satinet the party was supported by Wm. Powell, an worn
plice, who stated that he and the five prisoners went out on
the night in question, armed with sticks, which were
notched, in ceder to give them a good purehue, and that
they assaulted and robbed the prosecutor. The next day he
received 2s. Bd. as his share of the
.plunder.
The Jury Milli the primers Guilty, and previous convic-
tions having been proved against Gunning and Bryant,
they were ordered to be transported for life—Brittain sod
Rogers for 20 years, and Samuel Rogers 16 years.
lellion l'inninyton, a lad, pleaded Guises( to the charge
of tittering a forged cheque with intent to defraud Stuckey's
Banking Company. A cheque for 361 had been left about
by his mistress, and the prisoner took an opportunity of
putting en oto the amount. He was sentenced to be Uno-
pened for ten years.
On the nisi prius side, Mr. Justice Talfourd has been
engaged all day in the trial of a special jury case, in which
Mr. Stoat*, a barrister, at Bath, was the plaintiff, and the
Earl of Carlisle and the other enclosure commieeicoer were

defendant.. Mr. Stoat* conducted his own can, in a style
which convulsed the court with laughter, and the constant
peals of merriment which ran through the building gave it
the character of a theatre rather than that of a law court.
Mr. Stoats claimed certain rights of common, and a right to
the mines and minerals in an extensive common at Exmoor.
but the witnesaes for toe defendants proved that his tenant
bad been as often mo►ested in the exercise of these presumed
rights as he had exercised them unmolested, and the jury
found a verdict for the defendaats.

NORTHERN CIRCUIT.-rLrvaarooL, Aram 3.

Nisi PIOUS. Bsross Ma. BAII.OO Amis.

S'IURGIS V. ANOTHER.—ENTNNTION Or
INSURANCE MONNE NT Swamis. _ _

Mr. Samuel Sturgis, the assignee of the estate and effects
of Mr. M'Leod, and Mr. M'Eachen, were the plaintiffs in
this ease ; the defendants were Mears. Irlam, and Wanos-
trocht and Co. ; and the action was brought to recover
several sums of money, amounting to 6,6001, received by the
defendants, as brokers, upon the policies of iasaranco on the
ship Integrity, which they have withheld to cover a private
debt owing to them by one of the owners. The skip In-
tensity was purchased in 1844 by Mr. M'Leod, Mr.
M'Eschen, and Mr. M'lttly, and sent upon a voyage far
guano to Ichaboe. Oa its ratans Mr. M.Kay wished to
dispose of his ahare, and hie interest was bought out
by Mr. Dl'Lecd and Mr. M'Eaohen, who then each held
a moiety-32-64ths. In 1816 they resolved to rend the
Integrity on a voyage to Patagonia in search of guano, and
Mr. M'Eachen, who was the managing owner, fitted her out,
and paid himself for the bulk if not the entire of the stores.
The ship being ready for sea, Mr. M'Leod wished Mr.
M'Escben to accept the defendants as brokers to effect the
necessary insurance Ile agreed, and the defendants, through
a London agent, insured the vessel fur 3,0001. Subsequently,
when the vessel would have reached Patagonia, the owners
themselves effected a further assurance for 25001. On the
3rd of Jan., 1846, the Integrity was totally lost. The defen•
dents were empowered to get the ship's papers and make the
necessary claim upon the underwriters, and by July they
got payment of the whole 6,6001. The defendants were
asked by the owners to account for the proceeds, but they
refused to do so, as Mr. l'il•Leod owed them a greater
amount, and they alleged that he was the only party whom
they had known in the affair, and that they had never had
any transaction with Mr. M'Eachen. It appeared that
Irlam, Wanostrocht and Co., the defendants, had had very
large transactions with Mr. M'Leod, of a private nature,
for many months—Mr. M'Eschen being ignorant of their
proesedulgs ; and it was through those that the debt had
accrued.

The principal question was as to whether the defendants
knew that Mr. til'Eashen, in the matter of the insurance,
was a partner with Mr. Dl'Leod. It was stated, on behalf
of the ilefendante, that their entire dealings were with Mr.
Ill'ldsod, and that he had given them an authority to retain
the money, and place it to his credit.
The leased judge having summed up, asked the jury to
give an opinion, separately, on two points—first, whether
the insurance had been effected for the joint benefit of both
Mr. M'Leod and Mr. Wltachen ; and, 'mealy, whether
the defendants were aware that Mr. Whiacken was • joint
owner at the time of the transaction.
_ _