The Express.
London, England, 1863-01-16 00:00:00

THE EXPRESS, FRIDAY EVENING, JANUARY 16, 1863.

NAVAL AND MILITARY.

ADMIRALTY, JAN. 15.—Arrournurcr4.—Lieu-
tomato E. F. Kerby, to oosainand the Triton, commissioned;
and E. H. Wilkinson, to command the Caradoe, com-
missioned.

Master's Assistant E. H. Hodges, to the Triton.
Second Mester A. F. Gibboes. to the Triton.
Assistant Suigeons Dr. P. Mansfield to the Carsdoe ; and
Dr. M. Rodgers, to Plymouth Hospital.
Assistant Paymaster in dune J. L Page, to the Candoc.

CHATHAM, Jaw. 15.
A royal warrant has been promulgated at this
garrison, announcing that it is the intention of her Majesty
to grant a certain number of silver medals, with annuities,
yearly to non-commissioned officers of the army, " for meri-
torious service." Is certain cases medals and gratuities
will also be awarded "for distinguished conduct to the
field," in any pan of the world ; and medals, without
gratuity or annuity, for meritorious service.

SPORTING INTELLIGENCE.

TATTERSALLS—TztrasDAT.

There was but a mere aprinkling of members in the sub-
acriptioa mom this afternoon, and the few bete laid were of
an unimportant mature. Au offer was made very early to
back Lord Chides for 150( at 6to 1, but three odds could
not be obtained, 11 to 2 being the very highest offer against
the favourite. 12 to 1 was taken to 100/. about Hoepodar,
and 2,100 to 100 about CaraivaL 40 to 1 was booked to a
" pony " about Michael Scott (who in the City during the
morning had been backed at 100 to 6 for the Two Thousand
Guineas). 2,500 to 100 was taken about Blue Mantle.
Closing prices :

DERBY.
11 to 2 apt Lord St. Tumult's Lord Clifden (t 6 to 1
freely)
12 to 1 Oount F. De Legraoge's Ilosptdar (t)
21 to 1 Mr. Nsylor's Cara val (t)
25 to 1 Captain Lane's Blue Mantle (t)
40 to 1 Lord Durham's Michael Scott (►)

lab) Intelligence.

EQUITY COURTS.—JAN. 16.
(Wore Vioe•Chenoellor Woad.)

THI IARL OF ROMONT r. AZT. SIR C. DARELL, BART.
After disposing of • few motions of no public interest
I this cue was proceeded with. The entire day was taken
up with reading affidavits and the depositions of witnesses in
support of the statement made on behalf of the plaintiff,
and reported in our yesterday's impreesion. Nothing
beyond that stale, meet, twisted and turned in every possible
way, told from the commencement, recited from the middle
I —with an after-glance at the begioning—recapitulated
backward., could be made out of the confused and intricate
jumble which has been dispensed in court to-day. In fact
the only noteworthy feature of the sitting has been the
aspect of the strangers in the court. Rumour has gone
abroad that • great case is occupying Vice-Chancellor
Wood, having about it some little romance, and not
• little scandal. The idle world of the town having,
from the perusal of sensation novels, acquired •teate for the
romantic, not to say the scandalous, hhashastened down to
col ,-101), where, first discovering with much trouble
and many inquiries, the precise locality, it has in the early
morning seated itself, fresh, clean, sod expectant, in the
back rows of Vice-Chancellor Wood's court. At first it is
all attention— perhaps a little discouraged at the subdued
murmurings of one learned leader and the plethoric utter-
ances at another—but, by degrees, es the gentle current of
on. affidavit follows that of another, it teems some of its
interest, gapes about the court, and wooden what is the
prevailing colourof the barristers' heads of hair when their
wigs are off. After • while, even this and like kindred and
elevating studies fail to amuse, end by the time that the
cue is well under way, it is in a sweet slumber, which is '
only broken by the occasional sparrings of counsel on
abstruse points of evidence, or the loud calls which the
ushers make for silence whenever the judge is speak,ng,
with the view, as it would appear, of totally preventing his '
observations being heard. At the end of the day, if be is
a persevering man, earlier if he is not, the spectator plods
wearily away, drowsy with frequent naps, limp with the
heat, grubby with the dirt of the court, and, worst of all,
without having been able to hear much or to understand
anythiag of the case which has given him so much trouble.

COURT OF QUERN'S BENCH.-JAN.IS.

Sittings in Buico.—(Before Juatioss Wightmiui, Cromp-
ton, and Mellor.)

TILE NETEOPOLITAN lOW OF NOW O. GLOSSOP AND

Mr. Raymond moved for a rule calling upon Mr. H. IL
Glossop and Mr. J. R. Hogarth, two of the justices for
Middlemex to show cause why • mandamus should sot
commanding them to issue their warrant to enforce a
rate made by the Metropolitan Board of Works. The
qncstion turned on the 180 and 181 sea of the 18 aid 19
Vic., chap 120, the first Metropolis Local Managemsat
Act (1856). When the act passed the liabilities and the
powers for making rates possessed by the old Commissioners
of Sewers were transferred to the Metropolitan Board of
Works. The districts of the two boards were, however,
different, and it was in regard to the outlying district
of taxing that he DOW moved ; and the question was, whether
under the act, the overseers having refused to make and
collect a rate under • precept directed to them by the
Metropolitan Board of Works, the board could appoint • Far-
son to wake and collect the rate. The person so appointed
by them bad regularly made and published the rate, and on
his going before the magistrate fora warrant to enforce the
rate, he was met with the objection that the board bad no
power to levy the rate on account of its illegality.
Mr. Justice Wighturan said it was a point well worth eon-
sidenition.
Rule granted.
- - -

Mr. Brett, Q.C., with whom was Mr. QUaill, said this was
an action tried at Liverpool, before Mr. Justice Blackburn,
when the jury returned a verdict for the plaintiff, damages
M. He moved for a rule for • new trial, on the ground of
misdirection and that the verdict was sgainst evidesee.
The defendant pleaded not guilty and • justification, and
the juti6cation, the learned counsel contended, was proved.
' The plaintiff is the son of a deceased Liverpool merchant,
and possessed of considerable property. The *iota! was
very food of mono, and played the cornet, and be joined the
band of the Sid Denbigh Volunteers. He was ac-
cordingly sworn in, and the oely difference made
between him and the other member was that he was
allowed to play • silver cornet Mated of • brass one, and
to have an additional
quantity of lace on hie uniform.
(Laughter.) The plaintiff was in the habit of taking the
band out of town in uniform, giving them champagne and
other liquor, which naturally resulted in intoxication. It
was the usual practice for the band to head the corps, and
play through the streets of Denbigh, on the way to parade.
be one occasion be had given the bandmaster so much
to drink that he was unable to take his place at the head of
the band, and "strike up" when the band was to play.
(Laughter.) The plaintiff, however, took his place at the
heed of the band, but declined to "strike up," and when
remonstrated with by the officer he still refused, and the
consequence was the corps marched Burro& the town in
silence, instead of to the strains of martial music. The con-
duct of the plaintiff was so bad that it was brought to the
notice of the commanding officer, and by him reported to
higher quarters, and the result was that he was dismissed
the meta. The libel complained of gave an account of
these proceedings, and also a report of Captain Edwardes
speech on parade when the plaintiff was dismissed, the
most exceptional part of which was that the plain-
tiff " possessed more :Gooey than brains, and
lass principles than either " that be was a
"coward," and " the very converse of a gentle.
maa." Captain Edwards also mid that he wished to expel
him is the most ignominious manner possible. The teamed
counsel contended that the want of principles had referees
to the peculiar circumstances of the plaintiff'. conduct, and
hie (awarders, he., to his want of courage and honesty in
=the band out of the difficulty Onto which be had
them. The members of the band, however, had of
their own accord apologised for their ooeduct, arising from
the plaintiff's instigation. The turned counsel also re-
ferred to the plaintiff's iosubordioatioo when in a Liverpool
corps of volunteers, when he struck his officer on parade,
fell out of the ranks, and afterwards sent in his reeig-
I patios.

Mr. Justice Crompton said the defendant, to prove his
justification. ought to bare shown that Captain Edwards's
statement, that the plaintiff had "more money than brains,
and less principle than either," was true.
Mr. Brett contended that having reference to the peculiar
conduct of the plaintiff and the circumstances of the cars,
it had been proved.
Mr. Justice Wightman considered the words rationed to
were very strong. A man might act very foolishly, but not
unprinciply.
Mr. Brett reminded their lordships that the volunteers
were an institution of the country, acid that it was a duty of
an editor to comment on any impropriety of conduct. It was
essential, forth* good of the country, that it should be done.
Mr. Justice Crompton said Captain Edwards bad gone a
little too tar. He thought the damages wader the circa,-
stances were rather too high.
Mr. Justice Wightman said they would consult the learned
judge who tried the case before giving judgment.
Judgment deferred.

BAIL COURT.-JAN. 15.

Bittinp at Nisi Prins. —(Bet ore Mr. Justice Blackburn and a
Common Jury.)

WILLIAMS V. PHILLIPS- TRESPASS.

This wee apart-heard cees, is which the plaintiff claimed
damages against the defendant for breaking and entering hie
house and 'Oaring hia funiture.
Mr. Littler and Mr. lnderwick were counsel for the plain.
feudan
tiff ; Mr. Iluddleatca, Q.C., and Mr. Mathews for the de-

It appeared from the evidence of the plaintiff that he had
been permitted by " Ham Collins." the comic singer, to live
in a house in Albany•treet, which Collins rented of the de-
fendant. On the Ent day that he entered the house the
defendant came in and ordered him to leave the premises.
The plaintiff remonstrated, and the defendant thereupon
seized him, dragged him out of the room, and in doing so
the plaintiff alleged he broke some of the furniture.
The defence was that the plaintiff was put into the house
• day before Collins's rent became due, On the following
day he west to the house, when he found the plaintiff
sit tiog in aa arm-chair smoking his pipe. He asked him
what he did there, but the plaintiff refused to tell him. A
etruggle subsequently ensued, and the defendant alleged
i that so njury was done to the furniture whatever. Os the
following day the plaintiff's attorney paid the defendant
101. in satisfaction of all claim the defendant had awn him,
sod shortly after he received • writ for injury done to the
furniture.

The jury returner' a verdict for the plaintiff—damages one
farthing, and the learned judge certified to deprive him of
costa.

COURT OF COMMON PLIA&-JAN. 15.

- - ---
Edina in Ilanee.—(Before Lord Chief Jollies Edo, aid
Julian WiMoos, Wilton, and Keating.)
HOMER T. THE WANDSWORTH BOARD OF WOUR.—FOLLING
DOWN ♦ NAN'S HOUSL

The plaintiff in this case wee building • bowie within the
district of the Wandsworth Board of Works, sled that body,
upon the grouud that the plaintiff had not complied with
the direction in the Local Management Act, that notice of
say building about to be erected should be given to the
board, sent mew at night to pull down the house. The plain-
tiff claimed damages for the loss which be had sustained by
the destruction of his building, and at the trial before Mr.
hullos Wiles the jury found for the plaintiff.
Mr. Bo,ill DOW moved, pursuant to leave reserved, to
eater a verdict for the defeudant, or No sunsuit. oontendieg
that the board was justified in what they had done by the
76th section of she act of parliament.
Mr. Justice Willed said there was no doubt there must be
▪ role le this caw.

&do granted.
=LLANO 1. GMAT WWl= RAILWAY 0010WITIENOULAI

VERDICT.

The plaintiff hi this nue was an attnrnsy's els*, and on
ptting into a carriage at night at the Glonoestaratation be
wrbetween the train and the platform,fell,sod dislocated
od uldow.The plaiatire doctor's bill slow amounted
to 25 guineas; but at the trial at Guildhall, the jury, after
inuonsiderstion, found for the plaintiff—damages, one
farblz.ariawkine now gloved for a role for • now trial, and

stated that the negligence complained of was that there wee
• greater distance than usual between the train and the
platfornt at this particular station, and farther that t►e
station was badly lighted. It was submitted that the
' verdict was a very unsatisfactory one. Another point Wss
that the learned jodge had refused to receie evidence that
other accidents had happened at the urns %lotion.
Yr. Jostles WING said that the evidence that he rejected
at the trial was tendered to show that the distance between
the train and the platform was nut so much at other stations.
Such evidence was clearly not admissible. Beyond this, in
his opinion, the verdict should have been for the defendants.
Rule refused.

COURT OF PROBATE AND DIVORCE.
JAN. 15.
(Wore the Judge Ordinary.)

AND WWI O. WHDITATZB.

Cr. Deane, QC., and Mr. It. E. Turner for the plaintiff ;
the Queen's Advocate and Mr. D. Brown for the defendant.
The testatrix seas Miss Letitia Whinyates,late of Walton-
eoper-Mare. She died on the 11th of January last. leaning
several brothers and Asters, namely, Lieutenant-General
Sir Edward Charles Whinnies, Mass Amy Whinyates,
Miss Isabella Whioyatea, Major-Caporal Frederick William
Whinnies (the detendent), Major General Francis Franklin
Whinnites, and Oates* Mrs. Christmas (the plaintiff). She
had lived at North-place, Cheltenham, with her unmarried
sis.er ; but in October, 1961, she went to Weston-soper-
Mare. After her death a number of papers were found, in-
cluding a will prepared in 1856 and executed in June,
18.58. This was in two sheets, and on the locoed was
written an undated codicil which laid been duly executed,
and which remained uocaneelled. The name of the
testatrix was, however, cut out of the will, and the paper
was endorsed with a memorandum stating that it had been
done by her own hand. The property was worth about
6,000/., a life interest in which was distributed amongst
her relations, but the'papers did not dispose of the reversion
at all. The suit was a friendly one, and it raised a number
of nice legal questions as to the legal effect of the excision.
but they were of no interest to the general public, if indeed
they could be made intelligible to the non-professional mind.
The court reserved its judgment.

COURT OF BANKRUPTCY.—JAR. 15.
(Wore Mr. Oommirioner Fine.)
IN NI JANIS LAWRINCIL

The heakt apt lid traded ea a several inerebaot in Riches-
court, Lime-street, under the firm of Lawreoos and Co.
This was the sitting for discharge. Liabilities, 1,5741. ; no
assets.

M1:.111Sler. opposed for the assignee, Senor Calais, who
charged the bankrupt with contracting debts without
reasonable expectation of being able to pay them, and with
embarking in rash and hasaiJous speculations.
The bankrupt stated that he had opened an account with
the Unity Bank in January, 1862. with 3001., but it was not
his cash. It belonged to Mr. Lied°, and he got it back
again. He had accepted bills for upwards of 780 L for Lindo,
which were given to the 'soignee. Liodo was an uncertig-
cated bankrupt. He bad received oo consideration what-
ever for those bills. This was known to the assignee.
His Honour suspended the order of discharge for six
months, without protection.

IX Et LDWAILDB.-APPLICATION FOR BELEASSE.-MODLLE
CARL

Mr. Chidley applied for the release of the bankrupt (a
builder at Holloway) from custody. There was this pecu-
liarity about the case ,• the bankrupt was not in prison.
He had been arreated at his own house while very ill.
Being in an unfit state to be moved the sheriff's officer told
him to consider himself in custody, and he bad so remained,
the officer visiting the house every day or two. The bank-
rupt was so ill that the registrar bad had to attend at his
house to take his surrender. Notice had been given to the
detaining creditor, and there was no opposition. Under
these circumstances it was hoped the court would giant

the diaebarge.
His Honour made the requisite order.
be El THE SOUTHAMPTON, ISLE or WIGHT, AND PORTSMOUTH
IMPROVED STEAMBOAT COMPANY (LIMITED).

This was a sitting for settling the list of contribu-
tories. It appe►ring that sufficient notice had not been
given, an adjournment was necersary.
Mr. Bagley, Mr. West*ll, Mr. Linklater, Mr. Edwards,
and other professional gentlemen appeared in the case.
The proceedings, though nominally before Yr. Commis.
'loner Fans, were held in one of the unoccupied courts, and
so excited and angry were the discuasioss amongst the
slleged 000tnbutorias that two of them (whose names ware
eat d to be Lawrence and Alexander, of Southampton)
actually came to blows, ►nd administered some little punish.
ment to each other before they could be separated by the
officers of the court.
The sitting was adjourned for a fortnight.

.SOUTHWA4I.

Two impudent- ',meg gvla mimed Mary Marty
mid Margaret Kelly, who lurk about the Londoi•bridge
railway terminus under the pretence of pelliog oranges, were
charged with stealing the mum of 17a. from the permit of
George NewelL . _

The prosecutor, a jolly.looking man, said that oil the
previous night he moo up from Woolwich by railway, and
passing the end of the incline the prisoners came up to him
and asked him if he would purchase soma oranges. He re.
plied that be did not want any, but if they were hard up he
did not mind giving them a penny, as it was a cold otht.
Harty aid, " Oh, you are a gentleman ; treat us to a
drop ! He told them he did not mind, and was proceeding
towards Wallies Tavern when Harty pushed up against
him suddeuly, put ber hand in his trousers, and graLbed a
handful of silver, with which she ran off—Kelly placing
hereon before him to prevent him catching bold of her.
Witness pursued them both, and saw them captured in
Deanotreot, and of course all his motley (about 175.) had
vanished.

lf•Carthy, 134 Y, said he was on duty in Toolerstreet,
when he saw the prisoners running into Dean-strast, a dark
place under the arches, followed by the prosecutor, who
said they bud robbed him of a lot of silver. He 'soured
them, but no mosey was found on either.
The prisoners pleaded guilty, and were sentenced to six
months' hard labour each.