The Express.
London, England, 1857-07-11 00:00:00

COURT OF COMMON PLEAS.-JILT 10.

(Sittings at Nisi Prins in London.—Befare Mr. Justice
Creswell and a Common Jury.)
MENZIES E. 001:LBOURNE.-TIIE At THOR AND THE
PRINTER.
- . _

... ..
in the veer 1852 the plaintiff had written apmmphlet about
the Royal British Bank, and employed the defendant to print
1,000 copies. After there conies had remained with the de-
fendant for some Tetra he mold nearly the whole of them to
Mr. Mitchell ma waste," (or 20/., being leas than Ida theme
for printing them. The plaintiff's rase was that when the
bank had broken the pairiphlete, in renroquence of the exeite-
merit upon the subject, would have been very saleable. Soon
after the failure of the bank the pamphlets were demanded,
but were not forthcoming. The defendant's ease was tbat
he had kept the paniphleta for a reasonable time. and had
afterwarde sold them fur what he thought woo a very good
prim.
The Hon. George Dennien and Mr. Franks appeared for
the plaintiff ; and Mr. llovill and Mr. Needham fur the de-
fendant.
The jury, in answer to his lordship, found that the value of
the pamphlets when wild to Mr. Mitchell was 51., but that
when they were demanded the value was 1001.
A verdict was entered for the plaintiff for 5/., but some
questions of law were reserved for the court.

(Before ok Common Jury.)
OMOILOV. V. M NI D.-A LEV.OIO MEOLTOENCE.

The plaintiff formerly kept the Beaufort If otel, at Boulogne
and in .*lay of lest year the defendant was ataying at Bou-
logne ripen 'melding trip. The defendant hired a ctietannt
blood mare of the plaintiff, and the action wan to recover
damages, upon the ground that the more had been killed
through the negligence of the defendant.
Mr. Joyce and Mr. Munster appeared for the plaintiff, and
Mr. Borill and Mr. Iteltou for the defendant.

The plicintifrs case was, that the defendant had ridden
the mere upon the sande, and in the sea, at a thingerens
place where there were a number of holes and pieces of cork.
From R distance he wee observed to be off the mare, and soon
afterwards she wan led home lame. Ten days afterwards she
died. and it was then discovered that the thigh wee broken,
and that that had caused death. The mare was worth about
40/. and about 71. or 81. bad been spent in attempts to cure
her.

The defendant himself was called. lie said that when the
mare was brought to his door by the plaintiff he mounted,
and the mare at once dropped with him. Ile mentioned the
matter to the plaintiff, who mid that she would be better
when she got wane. The defendant started, but the mare
soon dropped again, and when ho got down upon the nand.
she went dead lame. He had not ridden in a dangerous
place nor in the BM but, on the contrary. he had ridden only
in a place where people usually rode. Two days afterwards
the plaintiff called upon the defendant, and waft paid 10f.
for the Lire of the home, and then made no other claim upon
the defendant. The defendant remainod in Boulogne foe a
week, but no oomplalnt was made during that time, nor did
the defendant bear anything inure of the matter until October,
when the plaintiff applied for compensation. From that
communication it appeared that the plaintiff was in straight-
ened circumstances at that time.

Mr. Mayor, the veterinary surgeon, oleo gave midenee.
He said it was quite possible that a horse might have a bone
cracked and yet work. The had separation of the bone
might after-tennis take place without violence, and from the
formation of matter in the creek.
Verdict for the defendant.
This was the last case tried, and at its conclusion the
court rose for the long vacation.
SECOND COURT.
MOOR C. RORERTA AND ANOTORD.—OVARANTER.

This was an action for a sum of money claimed to be due
from Messrs. Roberta and Roby upon a guarantee.
Mr. Collier and Mr. Brandt appeared for the plaintiff, and
Mr. R. Clarke and Mr. Skinner for the defendant.

In 1841 the plaintiff and another person, who were trustees
under • will for a Mrs. Freeman, advanced 1,2001.
upon mortgage of some leasehold houses in Rumen-
terrace, Holland-road, Brixton, and on that ocemion
the defendants signed • guarantee that in the event
of the popery not proving of sufficient value to
pay the mortgage money, with interest and expenses, they
would mare good the cletichaey. Oa the 20th Jamey,

1837, the plaintiff put the property up to auction, bnt there
was only on eitt.r by a woman of NU, but et did not
appear to have been a bon.l tide bid, and RAp not carried
out. On the 23rd February it was put up axsin, and *old foe
fr 3 it. A routract of porch-lee and pale bad been signed, but the
patehtia• had not been complreed, in crintequenee of the pur-
thneer's attorney oltietting that some receipts for ground
rent bail ant Inn produeed. reeler these circumstance* the
plaint it( vlainied from the &fen lanes the difference between
!Ilie pa rehme money and the amount due upon the mortgage
Td

was given on the pat of the plaintiff, and
vat ioom Telefon."( law were cued for the defendant.. After
wane thAeusaion a verdirt was entered for the plaintiff, sub.
joa to ill° opinion of the full ,curt.

.ASSIZE INTELLIGENCIL

HOME
.CIRCUIT.-11ERTFORD, JULY 10.

Mr. Juetiee was engaged the whOletitTliei, in
trying the came of 'lumen v. Goodwin," which was an
%tenon *tonne the local beard of health of the town of
ilitelsin, 6.r having in the course of their proceedings to
drain the town palliated • stream calltd the Ill; and thereby
retsed a nuisance to the inhinitanta, end aloe aith Laving
injured the pluintiff, who is a mill-owner, by diverting a por-
tion ..f the stream from his mill. The evidence was very
lengthy, but ;renewed merely a local interest.
The Lonl Chief Baron wee expected to have come down
to liertlbrd thin morning to sweet in disposing of the bud..
110., and the opeciail juror. were aunmemed, acid all the wit-
necoes and pude" in the different cau.o, were in attendance ;
but bet brolabip did not arrive. Mr. I'. Lougniore, the
ruder aherit6 went with the abertif'• cerriago to meet every
train during the early put of the day, expecting the Lord
C its f Baron to be there ; but each time he wan diaappointe4
utel no nieltnage or communication of any kind was received
to explain the rumen of hie nodality a sheens. It wua
nlPo fully announced that the civil btennesa would be taken
before the Lord Chief Boron on Thursday morning, and all
the special wet emnitiou jurers were required to be in attend-
ance on that day ; end it is needless to Fay that they com-
plained very much of being compelled to wait about the
town for two day, when there wan no chance of their ser-
vices being requited, owing to the absence of the Judge.

()X FOlt1) CIRCUIT.—ABINGDON. JULY 10.
Tilt tICUIICN AT WOK INGII
A true Lill hiving been found against John Blackwell for
the murder of Thomas ltanoe, nt Wokinghaiu, on the 14th
of May list, Mr. Carrington, who had been retained for the
proseeution, applied to Mr. Baron Broinwell to know what
course should be pursued in the ease, as mince the committal
of Blackwell hi, insanity had been proved, and, upon an
order front the Secretary of Shit°, he hoe been removed to
the lunatic asylum at Littlemoro, near Oxford. The witnesses
were bound over to appear agoiust the prisoner at these
assizes, and it woe a question whether their rocognisances
should be extended or discharged.
I'roof basing been given that Blal•.kwell had been removed

to an uayitito by an or 1, from the Skvretary of State,
Mr. Baron Bramw‘ll directed that the reeogniaaneee of of
tlio ailments for the prosecution should be extended sine di.