The Express.
London, England, 1852-11-24 00:00:00

Act:

la this case a rule nisi was obtained by Mr. Streams (as
reported is the Express of the 16th inst.), to show crews
why an order of Mr. italic* Crompton, setting aside the
proceedings in this action, should not be overruled. The
facts of the case having been idready stated, we have
to add that, after hearing the arguments of the
gentlemen on both sides, the court discharged the rale.
IN TRZ MATTI& or ERARVEL BAIT/BLUM AND
PHILIPPI Etronya DI4IL AT BORAX.
—APPLICATIOS 101 ]humus COILPLIS.

Huddiestase applied fora writ of habeas aerie, to
bring M.M. Bartheleall sad Mersey before the court, to
the latest that biY sight be received to compel their
apparent* t• abet/Ws trial. The learned pastimes ad
',raid tithe eppieseeks mule by Mr. Chambers ea behalf
of Mr. Barresotend Mr. Albin, and called the attention of
the court to the list doe the refusal to grant that applies.
tioa waa chiefly beeded on the feet of • waterloo having
beta wade by the genies. ilia cleats, however, had not
toads soy adtriadeas.
Mr. J wiles Odeddge.—have you adidavite by the pri-
seam of isaivellee _
_

—Mr:/fuildlestone did not think he was bound to give
proof ef innocence. The evidence against them wee—
firstly, that of Mr. Hayward, the surgen, who said he
thought the prisoners were two of the persons he met
coming down the road from the spot where the duel took
Once. In the nett place, the deposition stated that these
gentlemen Were pasesagers in the train to London, sad
that on their moral is town two swords were
found on M. Mersey. Anther willies* swore
ohs saw six foreigners sear Me place where tho duel
occurred, two of Idea wife 69 leaned gentleman's
clients; bet this whams meld eser epee oresimsamlaatioe,
speak positively to their Wad* Alm 1111111111.111eS thou
cited a case in 1 Belotrode, 11, awl mimed se the loon of
Colonel Fawcett and Lord Cordless ; sad urged that this
application &Bared materially Ibma *at of Mr. Clmeaben.
Lord Campbell eseidseed tLmt the Isestiow Masa spew
the seldom, sod OM the SeatMOS le sea a espy of tbo
doposisism.—ak. Medilksbrae kaki wp a oepp of Om
ispealliseep ttmilM Oserfissk tile le essider.

BAIL COURT.—YINTEEDAY.
*mum IN Bs* e.—moose Ma. Jammu Cimarron.
TAB QUZBN O. JACKSON, RRRRR TB ROMR.--CRIKINAL
INFORMATION. '
In this ease, Mr. Crowder moved yesterday for a rale nisi for
a criminal information against Mr. Charles iliCkllol2, a drug-
gist, of Plymouth, for an all, ged libel on Dr. Rowe, of that
llan, in a pamphlet published by Mr. Jackson. The
earned Judge then took time to consider whether be ought
to grant the application or not. His lordship now said
that it appeared to hint that the libel was of a most gross
nature, bat Dr. Rowe might well be left to the online,'
remedy by indictment, if be chose to take that Course. His
chief objeetio• to granting the rule was, that Dr. Rove, in
the pameblet published by him, purporting to be a report
of the trial, bad Introduced matter which did not occur at
the trial. After he had himself bad remnants to the press
for the vindication of his character, there was no occasion
fur him to take the extraordinary remedy of a criminal in-
formation.—Rule refused.

COURT OF COMMON PLEAS.-YESTERDAY.
arrrow it Berm.—Buss Comm Juan% Jenks
MAN" MIL JIMICII WILLIAM, sro MIL ANTICS TALIWII/J.

Reuss O. RONALDII--0•1111LING tN THZ AHMT.
The defendant in this case was an officer in the 77th
regiment of Foot, and ho was sued as acceptor of • bin of
exchange for 2451. The defence was that the bill in ques-
tion was given for part of • sum of 6001. lost by gaming,
and the case was tried before Mr. Justice Cresswell, on
Saturdilv last, in London, when the verdict was for the
pleintiff.
Mr. M. Chamlien, Q.C. (with whom was Mr. Collier),
now moved for a new trial, upon the ground that the judge
improperly cautioned and informed • witness that he
need not answer • question put to him, upon
the ground that it might tend to criminate him-
self. Whilst the defendant'. regiment was at Plymouth,
• number of persons calling themselves the " Bath and
Bristol Club," appeared in the town and set up • roulette
table, but they did not keep the table for two surceseive
nights in the same room. On the third night the defendant
played, the table being then in the room of • livery stable
keeper, named John Ilex, and this person was called as a
witness upon the trial. Among other questions he was
asked whether there was • roulette table in the room, and
this question he, with the sanction of the judge, refused to
11 answer._

The Court was of opinion that the judge was right In
allowing the witness to decline to answer the question, and,
therefore, that there should be no rule.—Rule refused.

COURT OF EXCHEQUER.-YESTEBDAY.

811T1110111 110 BANCO.- BOFORS TIM Ingo CPUs H.tox. MIL BAUM
PAW. Ms. H. 41.014 ALDZIOON. AIM Ms. DIMON CLILIT.
NUTHALL V. NEVILL.7JUDOXENT.-ACCEPTANCES IN

BLANK.
The details of this case were reported in our columns of
yesterday. Today the Lord Chief Baron intimated that
the court were of opinion that there ought to be a aew trial.
Buie absolute.

COURT OF BANKRUPTCY.—YESTERDAY.
B,n.a■ NB. Oorrrwioru 110LAOTD.
Second-clue certificates were granted in the eases of C.
Davey, hoendraper, Brixton; and IL J. Dangerlield,
printer, of Doodads.

CENTRAL CRIMINAL COURT.

OLD COURT.—YESTEIDAT.
heroes Tux Iticesinia.
TRIAL Or A CIIILD FOR MANSLAUGHTER.
Wm. 11,4 m, 11, was indicted for the manslaughter of
Charlie Baker, his brother.
The particulars of this charge are fresh in the public
mind. A passionate erred at the dinner-table, a thought.
tem blow with a knife, and the fatal act WU complete. The
prisoner expressed his sorrow the moment it was too late,
and has ever since evinced the greatest distress of mind at
the lees of his brother.

At the trial, the facts having been proved, a witness was
called to speak of the boy's disposition, and she deposed
that he was always considered a good-hearted boy, but pas-
sionate.—The jury, after a short deliberation, returned a
verdict of No! Guilty.
The Recorder, addressing the prisoner, who stood at the
bar weeping bitterly during the whole of the trial, said that
the jury had taken a most merciful view of his case, and he
was very glad they had done so. There was no doubt, how-
ever, that his brother had received hie death from his hand,
►nd he hoped that these proceedings would be a solemn
warning to him for the rest of his life.
The prisoner was then ordered to be at once discharged,
and he was handed over to the care of his father.
In the course of the slay Henry Heileman, a grocer's
shopmati, pleaded guilty to a charge of embezzling the pro-
pe, ty of his muter, Mr. Capps, and was sentenced to be
smprisoned sod kept to hard labour fur a year.

THE POLICE COURTS.
OcIpDHALL._

Thomas Sparrow, ealS:driest,2l36, wu summoned for
refusing • faze on the day of the Duke of Wellington's
funeral.

Mr. Charles Steer, of the Royal Exchange, proved that
be found the defendant on the rank, and that on being
celled on to drive from Islington, he refused as soon as be
learnt that his proper fare was all that would be paid.
Mr. Steer maid that that morning be hod been asked three
times by as many cabmen, 10s. for the drive from the Angel,
Islington. to the City.
Sir Peter Laurie said he could excuse the cabmen for
charging a little more on such a day, when the omnibuses
were charging four times their usual fare., and as a nominal
penalty was considered sufficient by complainant, be would
fine defendant be and costs

The defendant declared the conviction unjust, and that
rather than pay one farthing he would go to prison, no
matter how long the term.
The defendant was then, in default, committed to the
Hones of Correction for 14 dip.

BOW-STREET.
Police Constable kirks, A 8, appeared by the direction
of the Police Commissioners to answer the charge of having
exceeded hie duty by using insulting language and assault-
ing Geo. Durwood, landlord of the Anchor and Crown,
pa'xliohouse, King-street, Westminster.
Mr. Jardine was of *Dion that the charge of using
insulting language, in telling a respectable publican that
he was drunk, had been proved, but there was as evidence
of the assault.
_ _