The Express.
London, England, 1850-08-12 00:00:00

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ASSIZE INTELLIGENCE.

HOME CIRCUIT.—OutineoRD, AUCCIIT 10.
Bauer. rue Low Cater Baum
DAT IND •11011111 e. 111AZILLISI00.—PROVISIONLL Co.
Beek -ant Secs and Mr. Hoseyman were for the plaintiff.
The doiene,ant was net represented by counsel.
The actirin war brought by Cie plaintiffs, who are extensive
lithogreptic pintoes, tom:over 4001. far preparing plans,
Re., for the Boston, Grantham, Lincoln, and Midland
Counties ',mono Railway. The defer dant wee teed as •
member r.f the acting rrovisiocal committee, end no defence
beteg oCered, the jug retuned • verdict ler the amount
claimed.
MARRIXIS e. NORSK WALLS RAlle
WAY.
This was an anion brought to recover • rum of 7001. for
Wary due to the plaintiff, and ei.a damages for his bawler
remained in &Wend at the retread of the defendant.
Mr. Bovill and Mr. Barnard were counsel for the plaintiff ;
Q.C., and Mr. Lush for the Cefendant.
The intendant in this sodas wee 'be eiefreeas of the
North Wain Railway. Ceninaa, y. The pltictld bad Ares
its secretary, sod, es b well kaown to the public, the afleins
of that coupes, became the 'abject tel investigation by •
committee of the Knee of Lords in the result of which bah
the t Iviatiff and defendant were committed t' the custody of
the 1.1.h.r of the Bltek Rod for contempt of the house in not
gratitude; before the camel:tee the leeks and precesdings of
the rampant, ohm'. had been required by the be use. The
pluidiff seeped that te had ben detained in England to
assist the ciremors in the inquiry before the House of Lorda,
sad that a contract was rude bv the defendant that be
should bo paid a year's salary, 3001, and another year's
salary u a bonus, tied a feather sum tor the period he should
be e-tair.rd, if he p rimmed the services they required of
Main winding up tte affairs of the company.
In order is establish the claim various minutes and pro.
Medlars of the company were read, end alto resolutions that
were posed when elegeodect wee chairman, and from which
it war cactendtd tha: the castract had been established.
Mr. Ease, one of the directors of the alapsey, was coaled
to prove that the dereadatt had signed the agreement that
was relied upon. Be likewise state.. thatch' defendant had
kat large sums of the tau& of the company to various per.
slaw. 45,0041. to the Poetle Weetteth R.derey Con4mo7,
and other large sons to :fiends of his own. The plaintiff,
he will, he mein& red did perform the services that were
required of hioi in cosine xitn with the winding-up et tee
Company, sod he believed at the present time be was
" designated " as the secretary to some breign miring con-
p.m'. The witness likewise s.id that he raw a cheque fee
0001. in the possession of the defendant, which he utdeer.ocd
was intended to settle the thins of the plaintiff.
In crow.ezamination by Mr. James, the witness said that
lie:erse a diesel:sect the company fur four years. He had not
torrowed say moor; Irwin the funds of the company himself.
bat his brother-le-law had and the loan was upon hie twit.
tress's)ctincen I datitr. t was 3,00(1, sod to woad! not
most tbat be did not butiell receive the itlactical cheques.
He had the money, sad cud it. certainly, and Lis brother-ic-
law had none of it. He did not me it in tie busiriees, acd
he declined to say 'o what purposes he applied it. Ihe loan
had 'lto n reraid with interest, as had also the money
borrowed by the South Western Medway. lie would rot
sweat that the icon to hi, brother....-law was paid before
the inquiry into the ifs ru of the rainpacy commenced ia It..
Hone Lord,.
Bone other .litif bee was adduced from which it appeared
that there had been other money transactions between the
plaintiff and the defendant, sad that the t muse had received
• sum el 1701, which it was contended was to he considered
a part psyment of his claim upon Mr. Chadwick.
Mr. James took several 'objections to the form of toe eon-
Matt, and it war sneered, titer a good deal of diroussion,
that anal.. points s'owd be received for the considtration
of the court.
Tee learned counsel then addressed the jury. He said
that altly,ugh he could not attempt to justify all the conduct
of the defendant in destine es he had with the funds of the
company, yet he did thick (hot t..lcitig into consideration the
contidential position of the pl data, he war the last person
who ought to have instructed hie cour.sel to rake tap all these
painful proceedings against the defendant, particularly when
they had nothing to des with the ease.
Mr. Borill said the matters in question were already public
enough, and all the facts had bean printed in the minutes of
peneurliulta of the Route of Lords.
Mr. James said he was aware of that, but ot ',body did
not have access to those minutes, and he set eated tbat it was
an ungeneroos proceeding on fie part of the plaintiff to have
given such instructrms to his counsel, and he could not help
observing at the emu time, that considering the conduct of
Mr. Balm as connected with this company, it was not a very
kind act on his part to come forward and give such evidence
against his co- detector as be tad on the present occasion.
The loused e..unsel then made come pointed cbeervations
upon the position of sentlenun who, like the defendant sad a
still greater railway rooster b, be said, whet they were deposed
or had abdicated, calumniated and httatked by the se
who when they were it power treated them as idols and lithe
deities in tie accost 5. spilt of Mammon.
The Chief Harem briefly summed up, and the jury after a
shut delibualson returned • Tarok% for the plaictiff—da-
sieges 4301.

OXFORD CIRCUIT.— GLoucurraa, AUG. 10.
Non 1..a0 Cans ferric" CA.1011,111.4.
KULL FITZHAILDIXOI V. LOMU.
Tits was a special jury cause. Mr. Keating, QC., and
Mr. Gray for the plaintiff, and Mr. Whiteley, Q C., fur the
defendant.
It was an action by a landlord against a tenant to re•
tower half-a year'. rent. Tao defendant resisted the action
Os some grounds of his own, which did not transpire, bat
whir& were patently untenable, judging from the remarks
of Ids soused, who wave up the sue ou Earl Fiishardiage
tessimatirg to gm. tlis talent twelve months' time to pay.
Thu pleas on the record were, besides the general has, that
the defendant had received notice to quit before the rent
was due, aid that he had also been evicted from the farm
before the rest was due.

Don ban. Bennis v. HALE.
This sem, it will be remembered, was tried at the last
spring mime, whet Ile. Newton took a brief firma the de•
fondant hi ell without the laterventioa of en attorney,
and the !canted jalge (Pat•eso before whom the ease was
tried, refused to bear hies for the defendant. The itediet
then being fcr the lessor of the Mr. Newton saber
quint ly applied to the coast a..ove fora new trial, on the ground
that the court hers was b. and to hear Lim, ("Ai are trial
was grant. 41, Lad now came on for heating. The action now
was undefended, eke defendant bavirg, as we understood,
again eschewed the int, derelict of en attorney, sad aff.tui
a brief—drawn up by himself we ; resume—to Mr. Skinner,
who declined it. A verdict was aceareingly given a second
time for the leesor of the plaictilf.
Loan Parnuuic V. MORRILL.
This was an action brought by the Wood, and Forests
Conatiniosses to recover 1,23 W. Is. 2d., for dead rent,
*listed to be due in respect of certain coal mines in
Dena Pores', awarded to defendant and hie late brother
by the ecnnaiseiosers, Moms. S.ipworth, Feeble, and
Diddle. The question of fast in dispute was, whether the
Mm of 61. bad lean paid as " dad rent " in respect of two
of the 'epistles. The main question to be tried aubstaatisUp
was, whether is fast the soussiasioners had got exceeded
their issuers seder the set of parliament is tixisi a " dead
nut' and whither their powers were not confined merely
to the lain of tonnage duties on the coal assay
raised, and soul& sake any award with referees to
pie rems fattepeaileatly et Ike 'wide' et seal,

sad the tonnage payable on the teal so raised.
It 'pillaring, in reply to °brava:ions by Lvrd Campbell,
that the •ow was one of conei.teraht• imports. et in the
Forest of Dean, and that it would cootinually go to a supe-
rior tour. it wet &Triaged that the matter should nt ones Dr
referred to that court, aa • special case. 0.1 the question of
fact, slot hisrian evidence, his lordship decided that there
ores evidenc- of the appropriation of two thirds to the :sad
rent" of the two collieries; sad the jury, by direetion,
found f.,r the p 1 lull!, with a special we, eat jeer to special
wrdtet from the court ahoy*.
Counsel for the plaintiff, Mr. Ruling. QC. and Mr.
Gordon; counsel foe the defendant, Mr. Alexander, Q.C.,
sad Mr. Phipeon.
csows Cot si.—ltrvoii Ma. rt•intea WILLIAM'
The crown business is being rapidly dirposedof, Lord
Campbell having tried eve. rel case Oda evening alter
finishing hie cause list, and Mr. Weaves, Q.C., sitting in
third court up stain.
r011?-0791Ce RODBZEIY.
Wiffieins It pleaded guilty to the charge of steslieg
letters from the Stroud Post-offlee, and was 'tattooed to seven
'eerie transportation.
ROIRDIRT OT 1,7001.
Cornelius Reirdon was charged with steeling a 501. note
and other property from Captain Sheptan, R.N , at Tewket-
bury.
Captain Shepton left home on the 24t:i Jane fur Gloom-
ter, ar.d had in Lis pocket a pocket-book contenting notes and
bills to the above amount. He lost hie pocket-book, and a
501. rote was traced through Lloyd and Ca.'s beak in
London to the possearion of a man named Pelham, who said
he got it from Reirdon.
The jury, however, Ae2uitt JUN prisoner.

WESTERN CIRCUIT.—WELLS, AUGUST 9.
ARSON.
Richard Care,' man tyo years of age, who pleaded guilty
yesterday to a charge of arson, was cal:ed up for judgment,
Ilia lordship ordered him to bo traseporteid for 10 years, and
observed, in passing samtence, that this was the second
instance on this circuit in which primness had confessed
theme sea guilty of the crime of arson, and had stated that
they had hems led to its romminion is the hope of being
transported. It was not usual for ties judge to consult the
wishes of a criminal in parting sentence ; ard if in the pre-
sent instance the prisorm imagined ttat in being transported
he would become a new man, and live a comparatively easy
life M a foreign land, be could assure him he was much
mistaken.

ErPOLAST AND ARSAIILT.
Samuel TratA, 10, and Samuel Osborne, 17, were in.
dieted for feloniously . leering the dwelling house of Joseph
Edgar. and stealing therefrom a chisel acti a dung Ark.
Mr. CA:, who conducted the preeecution, stated that Mr.
Edger (who was sine. deed) resided at Creskerne, in this
cunt!. Abe at half-past five on the mak! of the 12th of
May Mr. Edgar was sitting with his wits in the kitchen of
his house, and hearing a noise in a room overhead, he went
toes bow it had been occasioned. Shortly alter hire. Ed-
gar heard a heavy fall, and, on going up stairs, she met the
prisoner Trash, who had a duog-fork in his hand, with
which he ks °eked her down, and made his escape. Mr.
E.:ger as Lund in the bedroom iling on the Son covered
with blood, and with a chisel lying by tibia °et.
The prosnatrix was called to depose to there facts, but it
appeared from her statement that no property was actually
taken from the
The lensed udriles:tereupon said he hardly thought the
charge laid in the indictment could be sustained, because it
was essential, to snake rut the crime of housebreaking end
stealing, that some property should tither As removed from
the premier, er to removed as to render it apparent that
there was an intention to commit a fel .ny. In the present
kronur it was most pmbible that the chisel had been used
kr the purpose of Decoking open b net and drawer., and
that finding himself disturbed Teeth used he dungfork fee
the pirpons of resiataan, end not with any inuntion of
stealing it. The jury adopted this view, and Acquitted the
prisoner.
Another indictment, charging them with assaulting Edger
with Inert to murder him, and tc do him e me pievous
bodily', bona, wee then mended with Trash was hand
Guilty, and a, atesoLd to be trasapoltd for 20 yeas. Oaborte
was Arynittoi.