The Express.
London, England, 1852-07-23 00:00:00

itatn inteUtantet.

EQUITY COUItTB.—YzeTnumT.
bums ran Loam haulm or Amax.
Ex PART COSTIRS IN 2 CtiIITRUI.—A BANKRUPT.
Mr. Bwewele• tad Mr. itelbw.o emend is support of
• pithiest et mesa frees the Cwswiet 'a decision,
whereby ha bed Wised tbconot= Ide lertiliette alto-
gether, awl bed grimed bin _ WOW= ban arrest
for den,
w. The is ertin Oenennaser
of keg were die bankrupt, • desenemeggs:i
adenren, Wenaikerier_ , had, la
W beaket44l7, nada Inaddest
at wade; esendly, OM be MI hawdelewily nawend dab
by to
ki
tin ng vele
Ono awl
be Vein. ratela payment, tend be
knew at man ineseared ; sod, thirdly, that
Woes the eill•Meellwe. le bei iertan of his books
from the mere. _ _

Mr. Malbeiril .t 6. try r
ÜbeOa mes frac ims, are Mr. Ber;frriaiMalliseeke
Usmads

That Loahip hid the petition with err. MI eip-
served drit ezpinnaties Wired try the baniu was un-
worthy et the slimbeeet credit. Under dat eisemstmeses,
they mid set, by greeting the ortillea, give idea the
mem& of the min again to enter the trading community,
me midi dry Mend their protection to Ids pence.

Dena roe Lam °LANDMAN.
Tali MATOI AND COMONATIoN Or ROCIIISTIR tr. Let.
TIML or boos.—COATlL—.ToDommr.
The maid in this am, frost a daeidon of the Via-
ChanodW Knight Braes, involved a question of costs in a
wait Main to equation of toil rieheedi the corporation
of 3i—be, Mae thegod • emsemery t to take toll on
all mob brought Me Om art. The t of the corpora-
tion bed boss • caseethe of matealbm As may yearn In
1734 Ike, loaskt ea man with am Dias, in which
they averred that won by them setthod to tthe es
ell oath brought Istethey doe part it NIA la 111111, moth
is Ithf, Medlar odium wars brought. le whisk the sem
Yee was thoged i tho debt mateidell As Wag Mired to
oath imported kr oath Mr. Lise, the Ethishmt, it • begs
hapreter of scab, bee me 414. Me; thou oat Miss meth-
airily wed la his wrisondositsco of Mac Is August, 1845,
the oorporation Nod Oho t bill whist Mr. Lim, who
that she abeeld ham gat established
Law. In reb:nsa fuer&lB47, the,
Arabi Mess to try the wales of Ilea It
wee Mel be . the Lord Mel low of the
Ithehmew and smial jury, mei dm mad me
Larbie j=e:
ilhigef=thimilthb
Ides,, seimedi the meets& Time ma ao ged Om that
I= regag in SR kr.
a.wamt tt ark.'" theblL The

pleintifil appealed sgainst this order oa farther directions ;
the order as to the trial of the issue Wag antouebed. Lord
Cottenham was of opinion that it was not satisfactory to
conclude the question, without giving the plaiatiffe another
opportunity to try the right, sad ordered the matter to
stand over to allow them to bring an action at law—and
the question of was was reserved. An action wan brought
sad tried before the Lord Chief Jostles of the Commix
Pleas, and them was a verdict tat the plaiatiffa ; but the
court rooted a new trial, en the ground of misdirection.
The new trial was before Lord Campbell, and the jury
found for the plaintifh. Is July, 1851, the case
came to be disposed of as regarded the matter of
coats, when kis Hoaonr, the Vice-Cheat:eller, refused to
make any order. The order far the issue was sot appealed
from, sad the verdict there was in favour of the defendant.
in the scaliesqamat preceallage the deelsioa wan the coa-
trare map I bat, as his Simone remarked, there was the
qualms af the Chief Julies against the Chief Baron, one
special Nei 111.111110 i another, oche verdict against another
verdict ast, or der them circumstances, he suggested that
the heel erne would be to direct the trial of another issue.
The dellindant, laieuver, was unwilling to incur the ex-
pense If tide preselbeg, and his Honourrefused to nuke
ceder fee pi/mate sesta by the defendant—the judg.
meat now so
_dem
The Lord Mmisthir said, se a general rule, costs must
go according to the mak of the suit. But this was a case
with peculiar eircumalenele, ter it wan cleor that the cor-
poration, in previously asserting theirelaim of right to tolls,
had laid their right is a different way—one calculated to
mislead. On the other band, however, as he understood
the facts, the defendant had for a time paid the dues
claimed, and then resided, so that in that respect he had
himself to blame if the result of the litigation proved ad-
verse. He (the Lord Chancellor) thought that the plaintiff
should in the first place have no costa of the issue directed
by the Vice-Chancellor, found in favour of the defendant,
and never disturbed ; secondly, no costs on the order on the
motion for further directions ; and thirdly, no costa for the
misdirection of the learned judge. Subject to these excep-
tions the plaintiffs to have costs, and the order to be varied
accordingly.

Bayou Vics-Ciuscuaaa @la Jams ?Jaw.
ALcocic e.ALcoci. _ .

In this cause, whack accepted the court fora lowa timer*
Monday the testimony whisk had been given in the cause
by Um tintiff, a married win by her neat (mad
husband, was to horsed as evidence by
Yd Xs. Gk.
__ _ _

Haase, Iliismissoim, Kr. Smythe, and Mr. Collins
°billeted to lie ohnimibility *fee eh testimony, and the court
reserved fm an tie pout.
The eases ems en
The V new said that the irsesdett was whe-
ther the ylelatilf, • essevied worm meg by her next
friend. maid give evidence in =last her own *lairs in
a mew of mount Name bee whe was • defen-
dant. I. the elso tie nenemest deposition cd the
wife had beenobjected to. and the ease mad* by the plain-
tiff was thee her hushes& was liable to account fee geoyeety
which belayed to her under her settlement. Bases the
recent ens (Lad Dooms and Lord Campbell's) those would
have been two objectioos to the admissibility of hu sublime,
one that she wee a party to the suit, and the other thatahe, as
a femme coven, could not tender her own evidence against
her husband. The act of the 6& 7 Vic., c. 67 (Lard Den.
man's Act), provided that she should no lenger be excluded
by reason of any incapacity arising from interest ; but
that statute contained a provision that the act should not
render competent any party named upon the record, nor
should it render the husband or wife of any each party
competent. Therefore, after Lord Denman's Act, these two
objections to the wife's evidence remained as before. Then
came the rot of the 14 & 15 Vic., c. 99 (Lord Campbell's
Aet), the second section of which repealed so much of the
& 7 Vie., c. 87, as declared that that statute should not
render competent persons who were parties to suite, but
saying nothing about the evidence of a husband or wile.
The next clause provided in substance that, upon the trial
of any issue, the parties thereto, or the persona in whose
behalf any action or proceeding might be brought, should
be accepted u competent to give evidence viva nice
or by deposition, on behalf of either of the:
parties to such action or proceeding. Now,the
question hese was, whether this act, making arties
competent as witnesses, included or excluded the husband
and wife 7 It had been decided by very high authority at
common law that the incapacity arising from the circum-
stance that the witness was the husband or wife of the
party for or against wham the witness was tendered re-
mained, notwithstanding the act. It did not appear to his
Honour that there was any case which decided exactly the
point where the witness war herself a party, and was ex-
amined in that character. The ease which had been re-
ferred to was where the witness was sot a party, but was
examined on behalf of a party. His Honour, therefore,
was of opinion that the plaintiff, M's. Alcock, was not com-
petent so far as she sought to be examined as a witness
against her husband. Ho thought that the construction to
be put on the late act of parliament was that it only re-
moved the objection to the 'mistake arising from the wit-
ness being a party, but loft every other objection which
might have existed to the witness independently of that. It
was material to oessider one or two cases in which the
question might odes. There was that of a solicitor who,
being intemeted he his client, had a privilege. The client
had a right to soy that his solicitor should not be
exemined es wile= against him in respect of matters
whisk yen to be aeelremd as confidential communications.
It bowstheft the solicitor was suing his client, and
might tender bimodfas a witness, but he (the Via-Chan-
celler) aypreiheolied that the acts of parliament, although
they remonsd the objection to his competency, did not say
that the objection to his evidence on the ground that he
was the solicitor of the party war one that could no longer
be taken by the client. Again, the act of parliament said
that the parties should be compellable to give evidence.
Suppose a party were proposed to be examined upon a mat-
ter which might expose him to penalties or lead him to cri-
minate himself ? He thought that the objection would be
still open to the witness, notwithstanding the set. But
that was not the objection now taken, but he thought the
same principle must apply to the case of the evidence of the
wife when tendered. The particular section in the act
was not referred to in the argument. The 4th section
provided that nothing in the set should apply to evi-
dence tendered in any action, bill, or proceeding in
any court in consequence of adultery or breach of promise
of marriage. It might be said that thi section contem-
plated a particular class of matrimonial suits, and that ex-
cluding the husband or wife in such cases might afford
ground for arguing that the wife's privilege was not in-
tended to be extended otherwise than was provided by the
dame. But that clause was not confined solely to matri-
monial disputes. Cases of breach of promise of marriage
nod criminal conversation seemed to refer more to the sub-
ject matter of dispute and to consideration' of public
policy, which made it unfit that in such cases the parties
themselves should be examined. That section was open to
the mow isburrution which we. made in reference to the
third eseYes, which provided that the husband and wife
ebenbil not M sempolleble to give evidence against each
ether k llmissl promedings. The Court of Queen's
Dena oppsend to he,. thought that that section was un-
seemly, mal rut It bed bow introduced by the legisla-
ture hem over *bemire audio, and must be considered as
sokdoell to** mane ebeermitions which had been made with
geopset Mdr 4lh seadoss. Upon the whole his Honour was
of Mahn that there was nothing In these statutes to take
away*, hompecity of the wife as a witnen against her
baseman, sod therefore in the present case the evidence of
Ile iathilir sea b• rejected.
The moo thou promeded, and occupied the court during
inelealmlee of ibe day, nothing of any further public im-
wimp csocarring.

ASSIZE INTELLIGBNCE.
HOME CIRCUIT.—LzwEs, Jut 22.
The ecuumWsion for the county of Sumac was opened on
Wednesday, and this morning both the courts proceeded to
business, Chief Justice Jervis presiding on the crown side,
sad Mr. Justice *wile at nisi prim.
The gaol ealeatiar matains the names of 32 prisoners,
but the mesa wllk sae or two exceptions, arc of the ordi-
nary assedpita. Oa the civil aids 14 causes are entered,
13 eammaa sad sae special jury case.
The beam itspssed of to-day was not of a character to
justify a west, Ng. Justice Ilan* after getting through
mead mashatled ems, bag eampied in trying an
modem al elestmeat reminer floe awes et land at Bexhill
the grenSeryart of the day, and the mem ea the crown side
being nalsely destitute of public inmost.

MIDLAND ClRCUlT.—LttCutvaa, JULY 21.
Dam Alderson and Mr. Judas Coleridge arrived from
lamb, per railway, at balteset twelve o'clock to-day, sad
—at nese lo dm Oases. mime the commission for
amiss o.—eeaty wee wood. sad diem to the Tows-hall. to
wes Iff the borsest. This having boess
e
dee% disk toys
Wended divine service at et. Wade's
Owe* sad at three Vier* preemied to the Castle, end
=with the trial of bone* *sowers. The dales-
mod but leer OWN, thews if wide+ were of petty
Weeny. The oder ease, Wed beers Mr. Jose. Mb-
rid" was ems Ks most amsystell elmeseter, esearted
the smut =di lets fa Sho orating. The following me •
few of the portieslare :
Jain Mew sad Stephen _ ,Thinf two young men, 19 sad
wanes Emmet As Carta.
20 yews et yo„ were imikend tee a rape upon aping
Oa the owaskee of Monday, the 12th inst.,
went senspany with a young man named Jets=
Between toast. &trove is a village about a Was Matra
frees Issiewera, sad &best eleven Weis& the mai winds
sad lent set eut ter Leicester by the Isetwey. Ia Ohs
modem between Deism* one Lehemeet they wove
amulet by two gooey .s, who attempted t *vamp
them. Ater sew streistlei do other young urn, who
sageseedi Se be wrested Nth the two, ease sw. They
dressed law dung the gnu bye leg and au one lbw wee
mad than they reseeded to violate her. two of
Aim bet slows. Marsha had been thus brutally
traded they went away, sad she ewe weerreeftra rows.*
bum viaaltsat, whew we Wank hawed sad lsesaaded
some soma trees her. I roped that she rely hod siz-
ing seem et then had taken it sod of her pocket.
He Mra theestened to seam Ms swath unless she pee
hint mese now A. she bed no usury, however, he amp
pelted hie to shales hook sad odd ' Geed night." The
I pose silt was et that time se ill tam the Oskar end Wu-
of her reelkate that it was with gnat dillenity she
PI •
The widows spied the two prisoners was very wash.
dye, sad they Wife easvicted and sentenced to biespirts.
tics tor WC

OXFORD CIRCUIT.--STArroaD, Jinx 22.
The simmissisa a miss tar this mat, usis ssisosi so
welossier reaske by Ms. Justin Willow On Thew
depossolog Ow mos Ismedjudg• aftsiell Orbs sw-

THE EXPRESS FRIDAY EVENING, JULY 23, 1852.

elm at St. Mary's church, when the sermon was preachadi
by the sheriff's chaplain, the Rev. E. W. Colinen, M.A.
Mr. Justice Croswell did not arrive from Worcester until
nearly 12 o'clock on Thursday morning, shortly after which
his lordship took his seat in the Nisi l'ritis Court, where 14
causes were entered for trial. Mr. Justice Williams pre-
aided in the Crown Court. The calendar containing the
names ON prisoners, wea comparatively Ikht, both in the
number of prisoners and the nature of • offences with
which they were charged, which called forth trout the
learned judge in his chugs to die grand jury, his congra-
tulations on the decrease of crime in the county.
DISTILS/SING
_ .

Emanuel Dnois, an old grey-headed, palsied man, wan
Indicted for feloniously assaulting Elisabeth Davis, at the
parish of Titteahall, with sa iron poker, with intent to
maim or do her some grievous bodily harm. The prosecu-
tion was conducted by Mr. Hill, who called the proescuttii,
apparently 'oetween 60 and 70 years of age, and who stated
that she was the wife of the prisoner. On the 18th of June
last the prisoner and herself had • trifling quarrel about
some domestic matter., when she told him that if he used
such naughty words to her she would get his pay
stopped by the overseer. Irritated at this threat
be seized the kitchen -poker, • large heavy instrument,
and dealt her a severe blow on the back of the head, a re-
petition of which violence laid her senseless on the floor.
The shrieks of the unfortunate woman alarmed the next
door neighbour, who found her on the floor, her head and
left hand covered with blood. Severs' severe wounds
were subsequently discovered on the back part of her head,
and the middle finger of the left hand was broken. Medical
aid was immediately procured ; and, although for several
days her life was despaired of, she ultimately recovered.
The jury returned a verdict of Guilty. Sentence de-
ferred.

SOUTH WALES ClRCUlT.—Ctinure, JULY 21.

Bison. S. James Caoarrow.
DAVI= O. RELL-1/ItIACB or PROMIIIII or MARRIAOI.
This was a breach of promise ease, and was the last trial
here. Mr. Grove and Mr. Gifford were for the plaintiff ;
and Mr. A. Jenkin for the defendant. _ _ _

The plaintiff is n years ~ age, and the daughter of Mr.
J. Davies, formerly of the Great Rouse, Bidwell. lie was
till recently a farmer, moving in a respectable sphere of
life, but was ruined by the failure of the Monmouth and
' Glamorgan Bank, of which he was a shareholder. The
defendant is • substantial farms' and freeholder of Mon-
niouthshire, resident at Tyrenel, near Caerphilly. lle is
40 years of age. lie was introduced to the plaintiff
lin 1850, and by May, 1851, according to the lady's
witnesses, the acquaintance had ripened into atke-
tiosi. They went together on pleasure excursions,
and behaved towards each other "as lovers." The young
lady, who it appears possessed some personal attractions,
however, soon began to give symptoms that the intimacy
had been too close, and it appears that she bad yielded her
virtue to the solicitations of her admirer, and, according to
her statement, under a pledge of marriage. After her con-
finement her brother-in-law, Mr. Roberts, reproved the de-
fendant for his conduct, and he then promised to many her
el=l , but never redeemed his promise. No letters had
p between the parties who, it appears, lived near to
mei ether.

Mir Catherine Llewellyn' a friend of the lady's, proved
that she accompanied her and the defendant to Newbridge
on an excursion. That the gentleman paid the fares, and
that the defendant behaved to Mims Davies as • lover. A
Mr. Jackson, who accompanied them, acting in alike
capacity towards her (the witness). The witness spoke to
several occasions when the defendant and the plaintiff had
been seen " courting " together. In February last, when
Mir Davies was in the family way, witness met the de-
fendant at Caerphilly. He asked her how Ann (the
plaintiff) was, end witness asked him why he did not marry
her at once. He relied, " I thought to marry her, and
you and Thomas Jackson to be at the wedding." He
named a day after an expected sale as the day for the
wedding.
Cross-examined—Never saw the plaintiff dressed in men's
clothes.

Henry Davies, the plaintiff's brother, deposed that the
defendant kept company with his sister for a considerable
time, and that in December last he was going to a malt-
house for some hay, when he saw his sister and defendant
go into the malthouse. Witness went into an adjoining
room, took off hi shoes, and listened ut a door of the room
in which they were. Defendant asked his Lister if she was
sure she was in the family-way. She cried bitterly, and
said, Yoa need not ask ; you know it too well • ' and
added she should be left in shame and disgrace. The de-
fendant said he would surely marry her ; on which she
asked him when, tediug him that he had made a fool of
her already. He said he would marry her soon ; that he
could get a license from Chancellor William ; and that they
should be married after Newport Cattle Show.
Cross-examined.—Never knew a farm servant named
Gibbon, or any other man, romp with his sister.
Another of the plaintiff's brothan deposed to the inti-
macy between his sister and the defendant; sad to the lat-
ter telling him upon one occasion that he would soon be his
brother-in-law.

Mr. Roberts, farmer of Great Mellon, also deposed to
conversations with the defendant, in which he had expressed
his intention of marrying the plaintiff.
Fur the defence, Mr. Pulling addressed the jury, con-
tending that the action was the result of conspiracy got up
to ruin the defendant ; that there was no substantial court.
ship; and that defendant was only one of the numerous
follower, of the plaintiff, who, after many changes, had at
last fixed upon a man from whom she expected to get some-
thing.
The learned Judge thought there was no ground for these
imputations.
Verdict for the plaintiff—damagee, 4001.

THE POLICE COURTS.
MARLBOROUGH-STREET.
_ _•

Philip Glover Nam/than, of Cork, was charged with •
violent assault on Thomas Lyons Clumsy. Mr.Clarkson at-
tended for the defendant.

The compl trout said he was secretary to a fire Jammu*
office in the City. On the afternoon of the 9th of July he'
was walking with his wife in Kensington Gardens, when be
saw the defendant, who told him he did not wish com-
plainant to say he bad seen him in the gardens, as he was
in difficulties, and had been so for some time. The de-
fendant, after some further conversation, recalled to his re-
collection that he had bought of him some years back a set
of diamond shirt studs. The defendant alleged that the
studs had not been sold outright, but that the mm of 6f.,
which he had received, was only a loan upon them. Com-
plainant mentioned that the gardens were not a suitable
place for those matters, and after some Portlier conversation
to • friendly way he left the defendant and rejoined his wife.
A few minutes after this the defendant came up to wit-
ness again, and entered into conversation. The defendant
after some time recurred to the shirt studs, and said be
must have them again. Complainant, being piqued at the
tone assumed by the defendant, said he would not give
them up, and walked sway. He had not proceeded many
yards before he received a violent blow on the hat and an-
other blow on the shoulder. He turned round, and found
the defendant was his assailant. He lifted up his um-
broils by way of protection when he received • blow on
the head, which caused a torrent of blood to flow. He tried
to cripple with the defendant, but was prevented by another
blow on the eye, the effects of which he was fearful would
be of lasting injury to the eight. As soon as complainant
recovered hie senses he heard people calling out, " the man
is running away." Complainant soon afterwards saw the
defendant with a crowd about him on the bridge.
On cross-examination, the complainant said the studs
were diamond studs ; they were forced upon him. After the
smelt the defendant had written to express contrition.
Mr. Clarkson hoped the magistrate would deal summa-
rily with the case.
Mr. Hardwick said no middle course was open in such a
serious case. It would be perfect mockery to deal with
it se a case for flue, and he should therefore send it before
a jury.
CLERKENWELL,
A person dressed in a suit of black, who, when in the
station-house described himself u being the Rev. J. H.
Bastard, of No. 17, Wynyett-street, Clerkenwell, but who,
it was said, is a residentof Woolwich, was placed at the
bar before Mr. Corrie, charged by John Pony, a barman
out of a situation, residing at No. 11, Fountain-court,
Strand, with having been concerned In stealing three half
crowns, under the following extraordinary circumstances :
The prosecutor, on Tuesday night last, went to the gallery
of the Olympic Theatre, where he accidentally met the pn-
enter, with whom he entered into oonvenation. At the con.
elusion of the performances the prisoner invited
him to have something to drink, and led him
into a public house, where he plied him with
quantities of ale, beer, brandy, ram, and gin until he be-
came intoxicated. The prisoner then put him into a
cabriolet sad desired the cabman to drive to 17, Wynyatt-
street, Clerkenwell. He introduced the prosecutor to a
well furnished apartment; where there was a bed and a
young man, whom he represented as being his nephew, and
be told prosecutor to undress and ge to bed. He preferred
resting on the sofa. In the mune of the night the nephew
prevailed en Mae to undress and get to bed, and he
fell asleep, col shortly after he awoke and found
the Wawa •ad his nephew acting toward/ him
la a at tamps' manner. Ho jumped out of bed
Ind woo about to dress himself, when the prisoner and the
! other man commenced hugging and kissing him, and would
not let hint leave the room, until he seized a poker and
threatened to dash their bralas out if they impeded his
garage. The person who was said to he the nephew took
up his clothes and ran Out of the house, and he has not
one been seen or heard of. On prosecutor searching his
pockets he missed three half-crowns. He immediately pro-
seeded to the streetdoor, and remained there until he saw •
policeman, to whom be stated what had happened, and he
pre the prisoner into custody on the charge of robbery,
and he was looked up is the station-house.
The prosecutor said be did not wish to press the charge
against the prisoner.
Mr. Come remarked that it was nest extraordinary
conduct for • clergyman to pursue. According to prose-
cutor's own account he was drunk at the time, and he (Mr.
Corrie) could sot plus such reliance upon his statement.
lie should therefor discharge the prisoner.

DEATII Or THE CITY SECONDARY.—.We have to
record the death of Mr. John James, for twenty-one yean
Bcoondary of the City of Loudon. Mr. James was well
known by his able discharge of the duties of his office, and
deservedly esteemed and respected amongst a wide as-
quaintance. Mr. James was a solicitor for weeny yam in
the City, and relinquished one of the largest sad ISM lu-
crative practices to take the office of Secondary. He mar-
Hod early in life Miss Combo, the daughter of Alderman
Combs, then M.P. for the City of Lendaa—the friend of
spire e his 'M
Pox end Sherieet dan. Mr.
Edwin James, the Queen's Coo.
ma.