The Sun.
London, England, 1839-08-24 00:00:00

ASSIZE INTELLIGENCE.

WESTERN CII?CUIT.—BRIsroL, Ana. 01.
(Before Mr. Justice COLERIDGE.)
At the sitting of the Court this morning a horse
cause, Fisher v. Joyce, was proceeded with. It ap-
peared from the evidence that plaintiff and defendant
are both horsedealers, in extensive way of business,
the former being the proprietor of the Bristol Horse
Repository, and the latter residing at Warminster. In
February last. the defendant sold a chesnut gelding to
the plaintiff, which he warranted sound. The price paid
for it was forty pounds. The plaintiff afterwards sold
it to a veterinary surgeon, named Kent, for sixty
guineas, and the horse had not been in Mr. Kent's
possession many days before it died of a chronic disease
of the lungs. Mr. Kent immediately applied to Mr.
Fisher for a return of the money, which having been
repaid, the plaintiff brought the present action to re-
cover the sum which he had paid for the horse to de-
fendant. The form of the pleadings requiring of the
defendant that he should make out his case first, a
number of witnesses were called in his behalf, who de-
posed to having known the horse at different period;
within the last two years, and that, down to the thee it
was sold to the plaintiff, it was a perfectly sciund and
healthy horse. On the part of the plainiiff the death
was proved, and Messrs. Kent, N. Leigh, N. P. Leigh.
and Northcote, veterinary surgeons, who made the post
mortem examination, deposed that the lungs were very
extensively diseased, both lobes being indurated and
tuberculated, and that the horse could not have been
sound on the 26th of February when the sale took
place, and the warranty was made.

1111. Crowder, with whom was Mr. Stone, addressed
the Jury for the plaintiff; and Mr. Sergeant Bompas,
with whom was Mr. Erle, for the defendant.
His LORDSHIP very ably summed up the evidence,
and the Jury, after two hours' deliberation, returned a
verdict for the plaintiff—Damages, 42/. 10s.

NORTHERN CIRCUIT.—LrvERrooL, Aucusr 21

CIVIL SIDE.

BLAIR AND ANOTHER V. DANIEL AND ANOTHER.
The plaintiffs are wholesale tea-dealers in Liverpool.
The defendants are merchants in London, having an
agent at Bombay, and also engaged as agents in the
China trade. The present action arose out of a spe-
culation in tea made at the period when the China trade
was opened. The plaintiffs employed the defendants to
remit to China for them a very considerable sum of
money to be laid out in the purchase of teas of the fol-
lowing description, namely, Congou, very best small
black leaf, strong full Pekoe flavour, and free from ad-
mixture of brown and faded leaf; Twankay, fine small
curled leaf on the bloom, or Hyson skin flavour ; Hyson
very fine bright wiry bluish leaf. The plaintiffs wetn
particular in requiring that the teas should be of the
specified quality, to be sent home by Captain Rickets,
in a new ship then about to be launched, crliled tha
Ingleborough ; and if teas of the specified qualities
could not be obtained, the defendants were at liberty
to return the money in silk, at not more than 15s.
to the pound, or in good bills payable in England. In
1837 the Ingleborough arrived, and the teas were deli-
vered to the warehouses of Hornby and Co., of London,
when the plaintiffs procured them to be inspected_ by
Mr. Brodribb, a tea-broker, who reported ths,..l they
were not of the qualities specified in the order•. They
were then submitted to the inspection of several other
London tea-brokers, who separately examined them and
made reports in writing, all of which agreed in the in-
adequate quality of the goods. The deficiency in value
was estimated at 6,9501., and the plaintiffs proposed to
refer the question to any three London merchants, and
to abide by their award. This was refused by the de-
fendants, and the plaintiffs thereupon put up the teas by
auction. The present action was brought to recover
the difference between the price which the plaintiffs had
paid for them and what they brought at the sale. On
the part of the plaintiffs the order was given in evidence,
together with the reports of the tea-brokers, who were
put into the witness-box.

On the part of the defendants, Mr. Alexander con
tended that the order must not be taken according to
the literal meaning of the words, but must be qualified
according to circumstances ; and if the defendants pro-
cured the best teas that could be had it should be
deemed a sufficient fulfilment,

The Learned Counsel then called a witness, who bad
been for many years agent of the East India Company
at Canton for the inspection and purchase of teas.
This witness 'deposed that in order to secure a cargo of
teas for the spring it was necessary to apply to a Hong
merchant in the previous autumn, and to send through
him the requisite sum of money into the country for the
purchase of teas of the description required, the
quality of which, in a considerable degree, de.
pended upon the season. When the teas were delivered
in Canton it was usual for the inspector to select and
examine five chests out of every hundred, and if he was
satisfied of their being of the average quality required
they were passed by him. The witness was at Cart..
ton at the time these teas were brought there, and ex.
amined and passed them. lie admitted that some of
them did not come up to the required quality, but that
they were the best which could be procured.
The examinations of some witnesses in China to the
same effect were also put in.

Mr. Creswell, in reply, contended that, admitting
the teas to be the best that could be procured, it was no
answer to the action, for unless the very qualities speci-
fied could be obtained the defendants were not to send
tea at all, but silk or bills.
His LORDSHIP, in summing up, took the same view
of the nature of the order, and a verdict was returned.
for the plaintiffs—Damages, six thousand pounds.

CROWN SIDE.
(Before Mr. Justice COLTMAN.)
James Haywood was indicted for the wil.cul murder
of his wife, Mary Haywood, at Bury, 0n the 16th of
April last.

Mr. Brandt and Mr. Baines cond'aeted the proven-
tion, the prisoner was defended by Mr- Wilkins.
It appeared that the prisoner kept the public-house
called the White Bear, in Bury, and usually slept
with his wife in a room adjoining to one occupied by
his servant, Margaret Walker, and a young girl who
acted as nurse. Early on the morning of the 16th of
April, about half-past twelve o'clock, they retired to
bed, and the servant heard them wrangling about the
small amount of money which had been, taken during
the day, the prisoner several times calling his wife a
drunken --. She replied " I'm not drunk,' There
was then a sort of scuffle, and the deceased cried out,
" Oh, Jim, you'll break my arm ; don't punish me so."
Ile then again accused her of being drunk. She said
she had only had a gill of ale that day. The prisoner
then said, " What makes thee tell me such lies ?" To '
which his wife answered, " If I have told thee a lie I
beg pardon." The servant then heard her moaning for
about five minutes, and all was silent. A few minute'
after she heard her master say, " D- thee, if I
a stick I would make thee rise," and he stru:ek her
several times. He then seemed to lift her eA-
and let
her fill again, saying she might lie there and
rot. After the lapse of a few minutes, the servant
heard him rise from the bed, and sal;, " Mary, get up,
get up, the child wants thee ; get, up, or I'll call Mar-
garet." This he repeated sevr_ral times. He then did
call the servant, who came into the room and found her
mistress lying on her back on the floor quite dead.
There was a candle burning. She said her mistress
ee:l of the
medical n the
was dead, and the prisoner then sent her to alarm some
of the neighbours and call a surgeon. The prisoner
said he had accused her of being drunk, and that she
got up with her feet entangled in the bed clothes, %,fla
felll
Accordingdeceased
w as
found to the h e
quite viddne. Therewas a bruise upon her left wrist and one urJon the right
breast. Her eyes were wide open, but bloodless, and
oi
cal men
te
the lips were firmly compressed upon, the teeth so asto
leave marks there. On a post ?:ortent examination tho
lungs and veins of the head were found much e
congested.
They were of opinion she had been suffocated. For the
defence it was contended that the symptoms described
were consistent with death by si • mple apoplexy, and
medic 11 evidence to some extent was given to that effect.
The prisoner was finally acquitted.

Hull steamship
EXPORTING FRUIT T 0 THE NORTH.---The
Vivid left the St. Katharine Docks Wharf
0n
There are Thursdayaptetlhamresorning, having on board three hundred
bushels of
,preeosennsitgtnime d e
atonufrmubiteerreorfs in Yorkshire.
agents
in buying up fruit in the metropolis and its environeanfgoagi
e
purpose of exporting it to the north. The Hull steamers
during the last few weeks have conveyed immense quanti.
tics of apples, pears, and plums, to the Yorkshire port;._
WRECK OF TWO VESSELS.—In our paper of
the 10th, we gave a melancholy account of the loss of the
Emily, in Dundrum Bay, with her entire crew. Her
master was a person well acquainted with this coast, and
it is therefore natural to infer that on this fatal occasion
ho was entrapped in the bay from the abseneceroofekaspirmopmer
beacon on St. John's Point. We have now to announce
the total loss of a schooner belonging to Belfast, which
occurred quite close toh
itheigi
iel spotascnhd dry
wnrhyeerur epAotl hnb e e Emilytrht, of Wexford,
d,
lies, and
another on the following night, crew saved, as well as the
accident
wit
ay, having suffered muck
h a fortunate change of wind off shore, she
n
_
diately baesl%odhsviisechJoavabeerevefeici tle.bouse, at two o'clock on Sunday
last ; the weather, however, having been particularly AL
at . h
loff eiduring the same d
d a anitsage ttgoe.i—Downpatrick Recorder.n