The Express.
London, England, 1850-12-16 00:00:00

Me. Mambos thou said that hie learned Mend (the
8 'Honor °mesa) hod moved that If the media 'head be
found for the plantar, an arbitrator should be sprinted to
put a v.lue spot wrist had been, se he ocieuraded, lost
through the segffeence ef the anspeey.
The Solicitos•Generil they rose sad stated, as behalf of
thecompany,that the directors of that body considered, in
composes of the suspicloes eirewastemees which surrounde
this ease. it wee desirable that the whole matter should be
entonittod to the inveatigalm of a jury. He did sot nod.
len to have set with acme which involved to much mystery
and snapiam. There wae so doubt es to the faa cf the
loss of then packages, bat the cireamitaDoes connected with
the tracsarrion were such, as to render the most searching
inquiry into m neseseary. Them peckages had been re.
sewed by the company at Liverpool; they had also arrived
at the Camel, n-ton station, and it was also that they
hod been delivered by the company in Cestliestrest, in muse
pliant. with a written order, slued "Alfred Elam"
That order the plaintiff alleged to have been a forgery ; bat
be ha 1 a letter admitted to be in the handwriting of
the
plaintiff, the peculiarities of which corresponded with theta
of the order; to this t• would now call the attention of the
jury. It was generally the custom to dot "i's" with a
round dot, hut the plaintiff dotted his with a comma; the
order and the letter would be submitted to their inspection,
and they would doubtless perceive the remarkable similarity
in the handwriting. The plaintiff, it appeared, returned to
ElCand on the 27th of Jaly, and on the 20th of August
following the in question were delivered by the com-
pany through Ceskagemea Cnaplain and Horne, in pursuance of en
order rinsed "Alfred Slam ;" the weigh-bill inseam signed
"A. Elam," aid that was the recognition tha tithe peckagee
had been delivered to the pros to whom thee addressed
according to his written order. The leased counsel then
said he should call evidence to skew that the plaintiff and
his family were in great poverty, and that it was bo
aard
to imagine that a ciao, if. he were possessed of the pro-
perty, which it was allored the plaintiff bad in them
packages, would have remained in prime from the begin-
ning of Amnia the the 6th of November. Ile should
prove that the plaintiff had incurred considerable debts at
Huddersfield, in wtich place De had raised money at
various times from Lan banks. Subsequently he had
come to London, where he had become stillfarther involved,
which It .d led to legal proceedings. It be found
that the plaintiff had not paid rent or taxes ; en several
occasions he had been distrained upon for each, and yet
he paid 401. doers to gat released from the Queen's Beach,
and ale, agreed to pay certain monthly instalments. The
I d Sulkier General then took a general review of the
circuntstancee connected with the cue, and eon'e*ded theta
he proved what he had bees instructed, he should be entitled
to a verdict for the defendants.
Several witneves were then called, who deposed to the
receipt of the order directing that the packages in question
Woad be delivered at 75, Castbratreet ; that they had been
delivered there, and that the weigh bill was signed Alfred
Slam; that the person who received the packages acted at
the said Alfred Elam; also that the plaiatiff, as well as has
featly, had bee.. long in dialculties, and that he had been
some time in prison for debt.
Mr. Pollard was then called. He said he was employed
by the company. In December last be went to make
inquiries at 75, Codlortest, and then at 386, Oxfootstreet
Ht there saw the plaintiff's sister, who had been examined
Miley. He also saw the father, and asked for his son
Alfred, who cams to his in cosoquence. He asked him if
he had any goods at the Camden Towe station. He replied
that he had, and had written for them, as he was
in want of them, and be had expected them before
them. Witness then asked the plaintiff if he could tell what
day they lees Liverpool ; he replied, " Why, my letter will
show yen that." Ho then asked if he had lived at 75.
Cantle-street Rut He started, and isquired why he was
asked that questioa. Witness replied, "itis a very simple
question, surely you can answer it." thee mid, " No,
I never did." and added, " you don't mean to say that you
have delivered my goods at 75, Castle-street." Witness re-
plied that they bad dam so. The plaintiff then s id, "It
was nothing bet a rebbery,and that he would go with witness
to 74, Casileotreet, and see about them." They, sword-
Oily, went there together. After witness and the plaintiff
had mesa Mrs. Stan, wither "eked him if he had any euspi•
dim. He replied. •' No, unites it were of a late servant of
his owe, amend Wilkins, who had robbed his of hundreds
while he was in Austrian, whom he had left in
charge of his Oen' sad who, from base is the greatest
poverty, was now inaSeent circumstances.' Witerie asked
where Wilkins lived, and the plaintiff told his in liming's-
row ; and that he was only welting an opportunity to each
him. Wafter asked him " how it wee he had not applied
for his goods before ?" He replied " that he had only been
at home tw, or three woke, as he had been travelling in
the north of Sauteed." Witness thee inquired "it there
was any one in Livrp iol who was likely to know that the
plaintiff's goods had beet there 1" He mid "No • oily a
yourg man of the nom of linowdeo, who had crossed the
Atlantic with him, and who wee now a greengrocer at Little
libilty•ltteet. He also said he bad seen him
several times since their return, and had had a sack of pots
ton from him, and had sent him tome money." The plain-
tiff then said that " he had gone to America to complete a
contact, sod that he bad travelled over the a iuntry." The
witness, accompanied by the plaintiff. west to Mrs. Stan's,
end Mr. S an went with them to find oat Heather. who kept
a marine store shop in Cirencester place. Elam pointed out
the eh p. They did aot go in, as witness had no Wen to
do ro. Before they patted, witness again abed the plaintiff
if he had any eueptctoes, sad he said "No."
Cron ex mined by Mr. Chambers—Witmer had not been
keeping out of the way to prevent his being ashpcenaed by
the plaintiff Witness wrote dowa what had occurred be
tween himself and the plaintiff about two weeks after he
had sots him. Witness did not propose that the plaintiff
should accompany him to the station until alter they had
been to Mee. Sears's Whoa they operated at Mother's
door witness told the plaintiff the he should call on him
the next day, but he did not do or. Oa the following mom-
ino redness mode a report to the chief clerk of what had
occurred is the course of his inquiry. Witness was the pay
clerk in the goods department. Toe railway company had
patios of their own, and net the metropolitan police. Wit-
am never put any police to wa'ch Heather's house.
Re.examanad—Winer never ever said that he woad
do so.
A number of triteness were than examined to prove the
detreirod eireamstances of the plaintiff, and the different
friTikillttl which had bon made from time to time by
him for the purpose of compromising or stopping legal pro.
medinge which had been taken molest him.
Mr. Chambers then repli.d upon the whole case, and
Lord Campbell, nation sworn, d up,
Toe jury retired at a quarter past six; and, after an
absence of threaqoarten ef an hour, returned with a verdict
for the plaintiff, gnus foiling that the company had wrongly
delivered the goods.

COURT OF COMMON PLEAS.--SATUIDAT.
&roma La Belem ay Weerntssraa.
Mr. Justice Mauls and Mr. Justice Williams eat for the
purpose of delivering judgments in cases which stood over
for the consideration 01 the court.
Toe court mid that in the case of the" Electric Telegraph
Company " some difficulties had arisen, in consequence of
the change which had taken place in the chief justiceship
since tte este came on for argument, and therefore the
judgment must be tardier postponed.
RAIMILZIOM 0. TIM SOUTH RAIITIIIX RAILWAY COMPANY.
Mr. Justice Maule—This Ia an action of covenant on in-
denture ot the 2nd of March, 1841, between the plaintiff and
the defendants. The declaration recites the deed of convey-
ance of the tame date, whereby the two pieces of land were
conveyed to the defendants, subject to the performance by
toe defendants of tercels agreements therein recited, and
which ere to the effect of the covenant contained in the in-
denture afterwards let out in iglu by the defendants. In
that deed of cos mystic* this piece of land principally in
gamins le described as a slip of land, being intesded to be
formed into a new course for the river !belt. The declare.
lion then makes protect of toe d. ed and covenant declared
co, ant sets out that the defendants thereby covenanted
with the plaintiff that they (the defendants) should and
would within a reasonable time, and at their own casts
and expense, make and cue the said intended new
coarse for the said river Shalt, and also should, within
such like reasonable time as aforesaid, divert the
streams of the odd river Bhult into the said intended
new coarse for the same The declared goes on
to state a covenant to make a bridge over the intended
new cut for the um of the plaintiff within three calendar
months alter the perm tads ot the said intended rail-
way should be laid down, and also a covenant to make
good the basks of Ms new cut; and after the same should
have been so made good, the railway eoespany colonist-
log to motive, to the plaintiff, George Ruttleinh, the slip
of land stitch now firm the new warm of the river !Melt.
and also ad up the level of the misting course of the river
!Ault, io far as the same should be diverted. The declare.
lion sets oat breathes of covenant in not making the new
cut, In not dies ring the stream of the river Emelt, in not
mastmetinef a bridge over Use new est, and in not perfecting
the bank• of the new cut, and in not reemerging to the
plaintiff, George Rashleigh, the said slip of land, with the
said water and diver, and in not filling up the canting cAirse
of the river Bbalt, as far as the stream thereof' should
and ought to have been diverted, a. afore-aid. The
defendants, after crashes of the plaintiff the covenant
fryer, and Set out in bit verbs, demurred generally to the
declaration. The deed set out is oyer does not in express
teems contain any covenant, noes not make any express
covenant to make and out the new merge, but it does con
tabs emirs* covenant. to the effect of all this other covenants
stated in the declaration. Tee question raised by demurrer,
and discussed in the argument, is whether the declaration
showed any breach of covenants which are con'ained in the
deed eel out in over : the matters stated in the declaration,
by stay 0! breech, are, first, the omission to make the new
rent and divert the *tree T., which the plaintff contends is a
breach as implied in the covenant; secondly. the omission to
make a bridge over the n w ent, and to do other things which
it le said are breaches of the *sprees covenant; but if
the second class of breaches consist entirely of 0111445i011/
to do things incidental to, and dependent on, making a new
cut and the dlvenien of the stream, there is no breach of the
covenant in its not being made, unless the new cut has been
made and the stream diverted, or anima the &fondues had
covenanted to make a cut and divert the stream and bed
failed to do so. The declaration deed not show that the cut
has been made and the stream diverted, and, they. fore, the
question on these •reaches, au well as on that first men, ioned,
and that alone tree discussed in the argument, is, whether
the deed set oat by the defendants does contain a covenant
to make a new eat and divert the stream. No such covenant
is iseataised in the impress terra of the deed, and the ques-
tion, therefore, b, whether It can be Implied. It was
rightly ormeded in the argument, and Ia undoubted
Lew, that no particular words, or form of words,
esa nennery to create a covenant, but that any words
an sadness for that which show an Lama-
den le be hound by a to do or enaft that widish is
Os NINO 4pl the lovarist, my so* wore in 1,110.01