The Express.
London, England, 1863-11-23 00:00:00

Till lIIMZURI 01 TIM Al

The counsel fee the crown were lbw Attorney.Genewal,
the Boliciter.llenenel, the Queen's Advocate, Mr. Loch,
Q.C.. and Mr. T. Jones; and for the defendants, Biz U.
Cairo., Q.C., Mr. Kerslake, Q.C., Mr. Mellish, Q.C., end
Mr. Hemplay.
The argurneuts upon the rule for a new trial were re-
sumed this morning by
The Queen's Advocate, who spoke with great hoarseness,
and said be must clam the indulgence of their lordships,
as his voice bad nearly departed from him since
Saturday. The discussion of the question bad occu-
pied many days, but he thought that no moon
competent to form a judgment upon the gravity of the
matter submitted to their lordships' decision, and upon the
momentous result of that decision, would be of elision
that the length of time was disproportionate to the import.
anus of the ease. It was true that the case depended on
the construction of an Engliah statute which had for the
first time been submitted to the decitioe of a court of No-
tice, but that circumstance made it incumbent on the
judge to
me especially miss and distinct is the di-'
rection gave to the jury ; aid would also,
at the same time, he thought, fumble as excuse, which
every candid mind might admit, for say possible misdirec-
tion or misconception of the statute by the most competeet
jades= the bench. The !carped gentiseess thee reformed
to the tole as to the construction of Bailie statutes, and
said that nowhere had he foetid that rode laid down with
peeler preolion oe accuracy than in the judgment
of Chief Jostles Tindal cm the Royal Nitrites Act.
That eminent judge said, "The rule fee the muskmelon
of sets of parliament was that they should he unstilted
according to the latent of parliament which paned the act.
If the words is the statute are in themselves peewit* and
unambiguous then no more is neon sy thee to expound
those words he their natural and ordinary NNW The
words themselves do Blocs in such a else beet dentate
the intention of the lawgiver, but if any doubt arises from
the Immo employed by the legislature it has &brays been
held a cafe mesa of collecting the intention, to call in aid
the grimed and move for making the statute, and to have
mown to the preamble which shows the minds of the
makers, and the mischief they intended to redress."
Mr. Bares Bramwell—Mr. Justice Crampton has said
that he nem knew a golden rule which was worth any-
thing at all.
The Queen's Advocate wee sorry to heir that, because
without such rules there would be no science of law at all.
Mr. Baron Bramwell—l really think it is impoemlde to
do more than say you most bring an honest mind to the in-
terpretation of the statute.
The Queen's Advocate said that, nevertheless, there were
certain rules which were sated upon in construing statutes in
these cam.

arrnmante were proceeding when out report left.]
COURT OF BANKRUPTCY.
(Beton Mr. Commissioner °milky's.)
IN 11 COLOXE. WA13011.-

101 izinas 1101

His Rem= mid be en-aCOWto give the opinion of the
mod re this appliestios. The application wee mid. under
the 112th motion of the liaalteopiey Oossolidatise Act
of 1819. Colossi Waugh wit is custody by the
add of a judge, under a epschl power gives
by ad of parliament ; and it bed skeet him very
f se doubtful whether he wad Waders to wider
the refinee. as that would alter or vary tbe ceder of a judge
of a impostor omt, and thus raise • eostiot ef
Re bad ecesulted Mr. Commissioner and they
were both sledded that they ought ad to ere is moth
mase, until the party In custody had done what wee pointed
out by the set (1 and 2 Viet., sap. 110) se the proper
mane to be plumed to get rid of this process, if be had
reams (a• Colossi Waugh had abundant nun) to tom-
phis ot lite bob( arty isrued. The end of I and 2
Vie., cap. 110, was for abolishing imprisoemeet oa
moms proem. It by stating that the preset power
al and es omen process was onnemearily
preens sad 'even, se it undoubtedly wee, and
might to be retuned. It the onsesded to inset
that arrest upon mein mom in eery idyll mein
should be abolished deep in melds aims ; sad the third
szeoptioa applied to this eare—the plantar bung pee
before the judge es affidavit, sad obtained as order to arrest
the defeedmit This power was capable of being seed for
purposes gnet oppression sad injustice ; bet the dilt
medics ofdthe ad provided a remedy. It mid—" Aad belt
emeted, that it shall be lawful for say perms arrested epos
ny
sash writ of espies to apply at any time after
sub arrest to a judge clay of the superior courted West-
minster, or to the court in which the actin shall ban bees
coeriessord, for aa order or rule on the plaintiff in mob
sodas to show an.. why the perms arrested should 1144 be
discharged out of cedody ; sod that it shall be lawful for
sash judge or court to make absolute orcizmationuelt
or eider rule. and to direct the outs of the •
to be paid by either party, or to mg
ether order theme so to snob judge or court
obeli mem
ma fit ; p berovided that any snob order made
by • judge y ruled by the court, es
application made thereto byischa here perry dimatided with
meek order." The proper mum, therefore, in this can was
to amply to the mart out of which the proem honied, or to
COO 0( the superior courts, and to repressed to it ell the
akeitinstairies of the use, which would not he dope on
the ex paste application for thpemlise—aincsed
others the foot that, though he bad to the writ t,
she was bland to do, the plaintiff takes so step
endwise, from that time to the present, to follow up his
writ If the bankrupt should fail in that application, it
would then be time enough to come to this court. There
was also anther ground on which Colossi Waugh might
iaply. Tbe sub., being by the ofikial mangers of a
ndiug-up cowpony, had been brought under the
11th
and 12th Viet., cap. 45, and was brought seder the control
and order of the Court of Chutney ; and by the 130th section
of that act DO such action was to be proceeded with if the
muter (now the chief clerk) should direct it to be stayed or
discontinued ; and Mr. Oomrnisaioner Ilokoyd woe of
opinion that if ell the circumstance of this cane were
brought before the chief clerk or the Vice-Chancellor,
be would._ probably order • stay of the pro-
medium. This was a second remedy open to
the coked. If both should fail this court would
be disposed (union told by the Court of Queen's Bench that
it had no jurisdiction) to consider all the circumstapose of
the ease, and to set upon them on its own discretion.
Meantime he would suggest to the stripeee whether they
were acting quite as they should do, in boding theineelno
to keeping this man in custody, they themselves
admitting that the demand of the petitioning creditor
was not one that could be surrined. They
were is the bands of those who would give
them the best possible advise ; bat be would ask them, as
raproientag all the creditors and treaters for the whole,
whether it wee quite right and fair eci to eat, and whether it
wu for the interest of the creditors that the bankrupt
should be kept in coefinement.
Mr. Warder mid that the assigns* had all along acted
wider be 'dyke. however imperfect.
The Oesinsholoser—Tbey mould not act under better.
Mr. UAW«, mid he should certainly a +rim them to bow
to the suggestion of the court, and consent to the bank-
rupt's discharge. He, therefore, stated in the most unqua-
lified meow that the assignees did not object They felt
it their duty to submit to the view which the court had just
intimated. If the court mid it was their duty, represeetiag
the intestine of the auditoria not to lend themeless to
keeping Colonel Weight longer in custody, be did not feel
justified in asking that he should be incarcerated soother
hour.
Mr. fiargood mid they were now quite in a new position.
Hitherto they had two oppositions to contend with ; new
they had only one. The objection in bankruptcy was sow
altogether removed.
The Commishoner —lf the assignees said that bit Nkomo
Todd be fir the advantage of the creditors it would be
much dragger, but they do not gn that length.
Mr. tiergood said it wee open to him to contend that they
would not sagest to the dircharge sakes they Shaven
that his MOMS would be or benefit to the creditors.
The one 'evolved the other. Now they ha cely to contend
With the opposition of the detaining creditor. All the 0004
bed le ensider was whether the release would be of begat to
the creditors generally, and not to look at the case of the
khakis' creditor, whose claim had hew already reheated
by this court. The assignees having enesentad to the
release, it wad hard to throw the beetroot on hie remedy
by applying to another court. If they failed there he hoped
that
tithe spplicatios ins
be mowed lamre without say
naon as to the *idiotic..
Hie Honour—No ,s
not. Is fad, Mr. Holond
tells um, notwithati:oding what was asserted by some gen-
tlemen at the bar, that be Inver has exercised this jurisdic-
tion in came where it would hare the effect of varying or
resciadisg the order of a judge of another courts
After a oouvereatios,
Mr. Sargon suggested that the power of the court to dis-
charge might Is decided by the Court d Appeal If the
court merely ad reed the application, reserving the
doubt es to it. erbdtcttoo, the bankrupt might, after
applyng to the two other courts, be driven to the Oran of
Appeal. If this mart would now rend the application cis
the peed of want of juriadictioe, they might go to the
Cent of Appeal at nee
The Commissioner—lf the order of release were made, the
Malang creditor might appeal.
Mr.l3ergood wouldle glad to take such as order. tbe
opportunity of
team set to be made absolute until after there had bees as
We BOOM =7l would reserve the consideration of
that pad.

Hr. Bagley said the detaining creditor had good reasons
for wishing to detain as bankrupt in custody. The lest
euggeatioo of his counsel was that the court should make an
order in direct opposition to its own impression. If the court
thought proper to dismiss the application on the ground of
juridictioo, the detaining creditor could have no objection,
or to either of the courses suggested by the court.
His Honour said be would consider the case under its
altered circumstances. He was sore that the assignees
would not regret the consent they hid given. Under thi se
circumstance, his impression would have been to release
the bankrupt, but he feared his learned brother would not
concur in the propriety of this course. He would, how-
ever, consult him, and give his decision on Wednesday.

THE POLICE COURTS.
(THIS DAY.)

CLERHENWELL.
DAXAOI TO TOM SAMS'S CARDIN.
Mary Awn Donovan, who has figured at this court ea
previous coca loos, and who described herself as a married
woman, residing at 32, Pratt-street, Camdeadown, was
charged with wilfully damaging a quality of ishryeanthe-
mums sad other plants (value 24, the property of
Thomas Sayer., es-champion of the pugilistic art in Eng.
land, cell, BellevneCottages, Camden-streel.Camden-town.
Theprienner wasfruthar charged with beim drankat the time.
Police-coastal:4e Brown, 2103osid that shortly after 12 he
was on duty in Camden-street, and saw the prancer loiter-
ing about in the front of Mr. Sayer.' garden, and knowing
that she had bees previously charged with wilfully destroy-
iag a number of Mr. Sayers 's plena', he asked her what she
wanted, and she said that she was waiting to see her hus-
band. A short time after that be perceived that a number
of plaits had been polled up in the prosecutor'. garden.
He saw her again and watched her, and saw her go into the
prosecutor's garden, and when he west there he saw the
prisoner with a pleat and pot in her hand, which she threw
on the ground. She had taken (cur pots out of an orna-
mental vase and had thrown them on the paths and broken
them.

The magistrate—When did the defendant mule out of
prison ?
The cossrlable replied on Monday last.
The defendant—The constable never maw roe Is the gar-
den. When he saw me I was some yards from the com-
plainant's louse, and in another street.
Tin oomplaiaant said the defendant bad ken his garden
all to pieces. She bad tern all the plants from the ground,
and had doe damage to the extent of about 21.
The magistrate—Oen sou account far the defendant ant-
'Mg in each a manner! nap is the aimed time. Do you
know her' _ -

11r.S:yers—Not more than &child. I rennet account
far bar conduct in any way.
T t. magistrate (to the defendant)—How do you pt your
living
The delmidant—l am married, but I decline to wow
the qoantiou. It is • very rude one I think.
The magistrate (to the 000stable)—W as the defendant so
drunk that she did sot know what she was about ?

li;coesiniile stated tiiii abs kTiew what she Was about,
and made um of dreadful laag=o_caa
you
pay
for
the
The magistrate (to the def
&row
The. defendant—l did no damage, and shall thanfore pay
for hoop. _ _ _

Tiee--6.6strate said that there could be so doubt but that
the t woe a very miachievous person, sad he should
now send her to the House of Correction for three mouths,
with bard labour. He could tall her that she was liable to
mix mouths' hard labour. If she agile went to the coen-
plainsatk sad acted as she had dose he should send her for
trial, and if she was found guilty she would be liable to be
kept in penal servitude for four years. People wore not to
have the& property destroyed without rhyme or reason by
mischievous people like the defendant. and she bad better
be careful how she acted for the future.

NARLI3OIIOI7OII4STREET.
__lmmo • woman, lEL

Elizabeth Gaeta yr charged before Mr. Yardley with
rioleatly_ masulWer mid breaking me of the ribs of a woman
named Hannah O'Brien, residing in Old Brookrourt, mar
Fitsroy-market.
Ismer°, Hubbard said that the injured woman was
unable to appear.
It appease that about two this morning the police were
called by Hannah O'Brisa to the court, when she said thst
the prisoner Elizabeth Gilboa bad struck her on the head
with • brass csodleetiek. The pare, seeing the woman's
bead bleeding, went to take Gahm into custody, when
she refused to go, and than wee • some of the
most Moral disturbance, • man mired longdon inter-
fere( to purest the police tiiiing the prisoner (Gilliam)intoanafody, and the police being ourrouoded by • number
of roughs, who struck them. While the constable who bad
Gilhaaa I. custody left her for a moment to meat his bra-
t/ma amistable, Garai again rushed at O'Brien and kicked
her is the ribs, cad of Mr being taksa to the hospital it was
hand that or the ribs had been brakes.

Mr. YwdlisireeMaTed therpriseMVa Gilhrun for • week.
The vas Lowden was that charged with assaultiog the
penes, his sonduat being so violent that one of them win
esen=to nee his staff.
who hid received a very severe blow on his
head. °emplaned et the mutable striking him.
Mr. Yardley said that any injury he (Landon) bad re-
mised wait the result a hie own mtscoeduct. He (Mt.
Yardley) wits glad to see that the staff was not often used,
bntit was given to the covetable for their protection when
seereended by an unruly mob.
Lauda' said he Insomnia to the hospital, end wee half
an hour iamesible. He wished to all a winsome to speak to
the treatment be received.
Mr. Yardley remanded his. for • west.

COURT-MARTIAL ON COLONEL CRAWLEY.

(THIS DAY.)

This morning, Private Blake, of the Inniskilling
Dragoons, and Sergeant Edward Rill* were
examined. The latter said that Mrs. Lilimy
could not have been inconvenienced or annoyed
if the sentry had been placed according to the
orders, which were that the sentries were not to
enter Mrs. bedroom on any account.
The witness was giving evidence when our
report left.

FEAETHL SCENE OW THE Rrysit.—Between 11
and IS o'clock yesterday morning, dories the height of the
gale, two small boats, rowed respeetively by her end lye
persons. were proceeding down the river at • great speed,
when they cam* together in Wire°, and were both im-
mediately capsized. the crews of each boat heir precipi-
tated into the water. The accident was wifterised by ben.
drods of passengers on board the various stesamboate whir
navigate the river. Fortnearly flee of the rowers could
swim, and they battled bravely spirt wind atad wave.
Two steam-beets buried to the sesistroe of the poor fel-
lows, mid the captains sreeedri I getting them safely cm
board, all, however, I. a perfectly insatiable eooditioo, and
requiring restoratives to revive them. The last one to
whom the life-buoy bad been thrown out had just thrown
out his arms and re sinking rapidly, when he mieceeded is
estehlos bold of the buoy, and was wifely got as board.
Ogre% Barrett, the commander of re of the boats, reit.
dared the most praiseworthy aid. as also did another cep.
tan sad several other ?mows. Several of the poor fellows
were landed by Oeptruo Barrett at the Lambeth pier is •
mod trooditiou, and it is feared that two of them will
not mower. When the collision occurred both boats
turned completely over end drifted awsy.
Tits Prises's &rams as sin Nosra.—Down to
Saturday afternoon the Unto, pitmen, oat is strike at
Hamra Straker sad Love's collieries, in the Auckland dis-
trict, had not got settled with their employers. The mat-
ten first in dispute had been reduced to a question of wage'
and so further overtures had been made by either maiden or
ire. During the peat week, ample notice haying been
given, • number of the pitmen end their familiar was
ejected from their cotters, but accommodation was found
far them by the Union in the village of Williegto• ad the
neighbourhood. In the middle of the week the coeduat of
mine of the pitmen became very riotous, but the 1111016K01111i
calmed down without any very violent outbreak. Oa &tor
day, however, in consequence of the non-union men bevies
beenthreatened, extra policemen were placed at the Doi-
Herr. Their notice bevies expired, the men at the
South Nedomaley colliery, to the somber of slaty, are
now is etrike. They demand the erection of a weigh
beam at bank, end also se advance of wages. The
strike still matinees at fipsenymoor colliery, and
the owners have erpremsed their determination to close
the mine sooner then submit to the terms proposed
by the Union. Placards have been issued by the men et
Stanley, Tbarnley, and Hello" collieries, intimating that au
savers of wares bad bre demanded. A dispute between
the owners of Felling colliery end the men, which arose last
week root prime, is likely to be amicably settled. The
prides for • redaction in wages i. ow er two of the pits is
the Northumberland steam *Daniel expire to-day (Monday),
bat in this ere also there ie a ppernceeppeeeet of the masters and
men coating to an amicable oedersteedies.
SURFEISINO SHOOTINO.—In Atha forest, the
other day, Sir Alexander P. G. Ounsaieg. Bart., of Altyre,
killed twostep with* double-torrelled brimich.loading fowl-
ing
piece right sad left He loaded rail, and brought
down is a similar way two more. He spur loaded, and
killed a f lb.—Ammer Advertiser.

A liniaaarn Inisrrurriow:Libe New York and
Bootee Ewen Rail Lies Railroad. yid Hartford sad
Ilpriaglield, have plied apes their road a .at of cars for
soldiers' sea oily. Tao ea mobilo, tea eots, soapeoded
:abbey bands, for those having broken limbs, ha., also goal
mem for thirty, with liaadeornely coshioord seats. several
=hairs, a fall set of appluisces to praise% fractured or
limbs a onesplete chest of inedidoes, hasidagor,
Rat, he.. • splesdid mew urn sad apparatus for making
saes. a wash-room; water-closet, heaters. ho. ; I. tact,
averythisi aosded by a sick or smarted soldier is here
plastid at his disposal. A steward sad aurae aooorepany
soh oar, when duties are to nialater to the wants of every
wilier. Ow of these ran will leave New York and Reston
delly.—Bestew .
ALACL— L 7-• WS AY.
CIMPTAL Pr' HA -Cto D
SATVILDAT, Nov. 21.—Admissicas oe payment, 1,43; ditto
wawa Make* 3,034 ; total, 4,177.