The Express.
London, England, 1861-01-24 00:00:00

COURT OF COMMON PLEAS.-JAN. 23.

Sittinp in lianco.--(3otoro Lord Chief Justice Erie and
Justicur Williuua, wilh., and Kootiug.)
I NANDI AND WHIR r. LINDSAY AND OTNERN.-BLACK

MCA SHIP CHASTSIts.
The plaintiffs in this case were ship-brokers in London.
and at Taganrog, iu the Sea of Azof, and the defendants
were the well-known shipowners and brokers in London.
It was stated that at the time of year when cargoes of
wheat are expected from the Black Sea sat in the custom to
charter ships awl send them out to the Black Sea, specu-
Laing upon a higher rate of freight being obtained out there
than had been paid for the ships in London. Acting on
this course of business the defendants chartered the
William and Mary at fithi. a ton, and employed the plaintiffs
to get a freight for her at Taganrog, saying in their letter,
" We hope you will be able to place her to advantage, but
if, unfortunately, there should be a loss, your draft on us
for the difference will meet with duo honour." The rate
c freight at Taganrog happened to be only 40s. a ton, and
the plaintiffs loaded the vessels themselves at that rate,
and drew on the defendants for the difference between
that sum and fks. a too. The question was
whether under the circumstances of the plaintiffs having
themselves loaded the vessel the defendants were bound to
pay them the difference between the 40s. and fiDa. freight.
At the trial the verdict was entered for the plaintiffs, and
the question now was whether a rule to enter a verdict for
the defendants should be made absolute.

The Court wu of opinion that it made no difference
whether the low was sustained upon a cargo shipped by the
plaintiffs themselves or by some third person ; in their
opinion the defendants were liable, and the plaintiffs were
entitled to retain their verdict.

----
Rule discharged.
HARTWELL r. VLNLY AND WIFT.-KIRRING A RAID.

The plaintiff, an old man, GS or jean old, bad been in
the army ; had subsequently been employed by the Duke of
Bedford about the school-room, church, and almshouses at
Woburn, receiving a salary of 12s. 10d. a week. One after.
Docents. limey, who had taken an active partin the'manage.
meat of the schools, went to see Mrs. Stevens, the mistress of
the infant school, and in passing along a passage she saw the
plaintiff scuffling with a young girl named Brewer, and she
afterwards reported to Mr. Cumberledge, the clergyman,
that ehe had seen the plaintiff "kissing and embracing" the
girl. Mr. Cumberledge, in his evidence, said that he had
had complaints of a somewhat analogous kind against the
plaintiff previously, and consequently Mn. Vesey 's state-
ment was communicated to the duke's steward, and the
plaintiff was dismissed from his situation. He afterwards
brought this action to recover damages for slander, and in
his evidence he explained that, whilst he was walking along
a ;swage, the girl Brewer pushed a broom against his back,
and shoved him on for three or four yards. He turned
round, saying, " I will be shot if I do not take the
broom from you," and In had his arms round her, and was
endeavouring to take the broom away when Mrs. Vesey
came within sight. He, however, bad not kissed the
girl, nor had anything improper pained; and, indeed,
the girl's mother was close by at the time. There
was also no foundation for saying that he had
behaved with any improper levity on other (=anions. The
case came on for trial before the 'Lord Chief Justice at the
last assizes, when the jury found a verdict for the plaintiff
for 501. Subsequently a rule was obtained for a new trial,
and this rule to-day came on for argument.
Mr. O'Malley and Mr. Couch appeared to show cause, and
Mr. 1). Keane to support the rule.
The Lord Chief Justice said the question which he left to
the jury was whether Mn. Vesev believed that she bad seen
any impropriety of conduct on the part of the plaintiff to
a aerial degree. There was no doubt that Mn. Vesey
acted on motives that entitled her to credit and respect, and
there was no doubt also that she believed she saw what she
and she saw, though subsequent explanatioes put another
interpretation upon the images presented to her eyes. The
rule would be absolute for a new trial, but as the case was
one for the jury, it must be upon payment of costs.
Rule absolute.

Sittings at Niai Prins in Middlesez.—(Be(ore Kr. Juatice
Byles and a Commas Jury.)
.... . . .

The whole day was occupied with the trial of a cause
which was not completed whoa the wart roes.

COURT OF EXCHEQUER.-TAN, 23.

The court eat in bane*, and hoard arguments in cases
in the special paper
Sittings at Nisi Prius.—(lidors Mr. Baron Bramwell and
Common Juries.)
WINK WORTH r. ADAIINON AND ANOTHIM—ACCIDENT.
Mr. Mellor and Mr. J. W. Mellor appaare 1 for the plain-
tiff ; Mr. tierjeant Sallantine and Mr. D. Keane represented
the defendants.

This was an actual brought by the plaintiff (through his
next friend), the eon of a tailor at Chelsea, to recover from
the defendants., builders at Turnhiunlrreen, compensation
for injuries received through the negligence of the de-
fendant's aerrant. It appeared that the plaintiff, a little
boy, and his brother, wore standing neer a hoarding erected
by the defendants, who were engaged in adding a wing to
St. Luke's Workhouse, when the hoarling fell on the
plaintiff and crushed his thigh, causing such permanent
Injuries that his leg is shortened.
For the defame, it was alleged that the accident occurred
through plaintiff's own fault, inasmuch as while he and his
brother were playing round the hoarding they knocked it
down.

His lordship, in summing up, left it to the jury to say
whether the accident had been contributed to by the
plaintiff. If they thought not, then they would give such
&wages as would meet the justice of the case.
The jury retired and found a verdict for the plaintiff—
damages, IV.

COURT OF PROBATE AND DIVORCE.
JAN. 23.
(Before the Judge Ordinary.)
UYDZII r. RUM.

In this case the court fired the alimony to be received by
Mrs. Ryder, pendente lite, at 5501. per annum, to com-
tnence from the Ist inst.

RICHARDS r. RICHARDS AND JONES.

Mr. A. S. Hill applied on behalf of the petitioner, a lieu-
tenant in the 63rd Bengal Native Infantry, who would
shortly have to rejoin his regiment, for leave to have the
issues tried at Shrewsbury assizes.
Dr. Spinkss and Mr. Hawkins, Q.C., opposed the motion
on behalf of the respondents.
The Judge granted the application.

INSOLVENT DEBTORS COURT.—JAic. 23.
(Before Ns. Commisskoor Nichols.)
IN ItZ JULIUS W. GEM.

This insolvent, who applied for his final order, was op-
posed by a Mies Hannah -Pettit, and supported by Mr. Way.
The complainant had sued the insolvent for 13/.
and the insolvent pleaded a set-off of 13/. 14e. 6d. The
cause was tried in the ltrompton County Court, and Miss
Pettit's grievance was, that through the set-off pleaded she
had been put to upwards of V. law expenses.
Mr. Commissioner Nichols considered that Miss Pettit
had a good ground of complaint.
Mr. Way urged that the insolvent believed he had a set.
off, and therefore pleaded. The learned counsel put some
questions to Miss Pettit, who denied that the insolvent had
any claim against her.
His Honour said he would grant protection for a month,
and the insolvent had better arrange with Miss Pettit for
the law costs. She bad been put to law expenses, and had
aright to complain.
The case was accordingly adjourned, with protection.

THE RA oCHDALZ COUNTY COURT CASE.—The
Rochdale County Court was occupied during a great pert of
yesterday with the case Maden v. l'atnack, which recently
attracted a good deal of attention in consequence of the
judge (C. Temple, Esq., (j. C.) refusing to take the evidence
of the plaintiff's wife, after she had consented to take the
assuil oath, because she avowed herself a seadarist and said
she did not believe in aGod or in future rewards and punish-
ments, which his honour termed an outrage on public
opinion. Yeatenloy Mr. Craufurd, M.P., • ter, ap.
peered for Mr. Madeo, and asked for • new trial. The
learned counsel spoke about two hours, quoting the opinions
of some of the most eminent EmMels, Scotch, and
American jurists on the question. His honour refused the
application, observing that he was boned to interpret the
law as laid down in the statutes, believing that parliament
having made exceptions in favour of the gushers and morn.
vises would also have made them in cases like the present if
it had intended the courts to act in that spirit. He com-
plained that on a former occasion he had hardly been fairly
reported.
DEATH OF A CRIMINAL LUNATIC IN BETHLEHEM
H4lAPlTAL—Yestenlay afternoon Mr. &leant Payne, co-
roner for London and Southwark, held an inquest in the
Board-room of Bethlehem Hospital, St. George's, South-
wark, on. the body of Anne Cuffarn, aged 38 years, who dial
in that institution. where she was confined during her
Majesty's pleasure, for the murder of her child. The de-
ceased woman was tried at Stafford, in 1847, for the wilful
murder oT her illegitimate child at Walsall, where she was
employed as domestic servant. She was acquitted on the
ground of insanity, and ordered to be conihied during her
Majesty's *mum. She was detained in the county gaol
at Stafford for three ran, when she was removed to Bath-
lehem Hospital, where she remained up to the period of her
death. Dr. Hood said the conduct of deceased was quiet,
excepting on occasions. A short time since she wee taken
unwell and died on Tuesday morning at five o'clock from
chronic bronchitis. After bearing evidence on these=
the jury returned a verdict in accordance with the
testimony.
THE SCOTT AND POWELL BANKRUPTCY.—Yester-
day (Tuesday) Mr. Commissioner Pam, of the Liverpool
Bankruptcy Court, appointed Mr. Mame, accountant, to
prepare thebsLoerWoet of the firm of Scott and Powell,
one member of which, P. Powell, is in Kirkdale gaol, con-
' victed of forgery, and Scott ie outlawed. The bankrupts'
deficiencies are 4,0001., and Caere are no traces of a cash
balance of 1,7001. against Powell.