The Express.
London, England, 1864-11-23 00:00:00

COURT OF QUEEN'S BENCH.

Satins in Baueo.—(Before Lord Chid Justice Cockburn
sod Josticeo Crotoptoo, Mellor, sod Shce.)
THE QUIIN r. JOOEB ADD ITIOHATT.

This was the great Confederate enlistment case tried at
Liverpool before the Lord Chief Justice, when the defeo-
dards Jones and If ighatt were found guilty, but judgment
was reserved in order to take the opinions of the court on
the following points of law which the learned Lord Chief
Justice reserved :—" 1. That the parts of the statute 59
Geo. 111., c. 69, on which the indictment is framed, relate
to offences committed within some part of the United
Kingdom, and the offence are so charged in such indict-
meat 2. That the evidence wan that such men as enlisted
in the Coafederate service in France or off the coast of France
did so freely, and when they left this country had no in-
tontine of being enlisted. 3rd. That is order to coostitute
an offence within the estate, the men must have had them-
'elves an intention of being so enlisted when they left this
country. 4th. That the attempts mentioned in the indict-
ment are attempts to do that which, if done, would be an
offence completed within the United Kingdom, of
which there was no evidence. sth. That inasmuch
as the intent found by the jury to exist in the minds
of the defendants did not exist in the minds lof the men
who embarked whilst they were in any part of the
United Kingdom, the verdict ought to have been entered
for the defendants, and further on the part of Highatt that
he is entitled to have the verdict entered for him in the
counts which charge him with having in this country pro-
cured one Matthews to go sad embark from Liverpool, as it
was proved that Matthews was then already hired and en-
gaged to serve and was then in the service of the Confede-
rate government,and that themocey was given only to enable
him to get'beck for the purpose of resuming his
employment." It was also to be considered on behalf of the
several defendants "that they are entitled to have the
judgment arrested on the grounds that the counts disclosed
no indictable offence within the Foreign Enlistment Act,
59 Geo. 111., cap. 69, as the counts which charge the hiring,
he., of persons to enlist or enter, or engage to enlist or to
serve or to be employed as sailors in sea service, do
not state it to be in or on board of any ship
or vessel of war, or verde and or fitted out or
equipped, or intended to be used for any warlike pur-
pose, and so the manta which charge the hiring, he., per-
sons to serve and be employed to go, or to agree so go and
embark from any part of her Majesty's dominions for the
purpose of, or to be employed in warlike operations by nor,
with intent to be so enlisted, entered, engaged, or
employed, do not state it to be as a miler or in
any such ship or vessel, and as the counts
which charge the attempt and endeavour, the hire, he., of
Matthews to go and embark in order, and with intent to
serve and be employed in warlike operations by sea, do not
state it to be as a sailor, or in any such ship or vessel."
The second section of the Foreign Enlistment Art states
that "if any natural born subject of her Majesty shall, with-
out the leave and license as aforesaid, accept, or agree to
take( or (accept, any commiasion, warrant, or appointment
as an officer, or shall enlist or enter himself, or shall',
agree to enlist or enter himself to serve as a sailor or marine
or to be employed or engaged, or shall serve in and on
board any ship or vessel of war or in and on board any
ship or vessel used or stted out, or equipped or Intended
to be used for soy warlike purpose in the service of
or for, or under, or in aid of say foreign power, prince,
state, potentate, colony, province, or part of any
province or people, or of any person or persons
exercising or assuming to exercise said powers of
government in or over any foreign country, colony, ha. ;
or if any natural born subject of her Majesty shall, without
such leave or license as aforesaid, engage, contract, or
agree to go, or shall go, to any foreign state,
ho., or to any place beyond the seas, with an
latent or in order to enlist or enter himself to serve,
or with intent to serve in any warlike or military
operation whatever, whether by land or by us, in the ser-
vice of, or for, under, or iu aid of any foreign Dower, he.,
either as en officer or a soldier, or in any other military
capacity. on as an officer, or sailor, or marine in soy
such ship, as aforesaid, although no enlisting money, or
pay, or reward shall have been, or shall be in any or either
of the cases aforesaid actually paid to or received by him,
• ;or if any person, a subject of the Queen, shall hire, re-
tain, engage, or procure, or shall attempt or endeavour to
hire, retain, engage, or procure any person or persons
whatever to'enlist, or to enter or engage to enlist or to
serve, or to be employed in any such service or employment
aforesaid,as he.. he. , every person so offending shall be
deemed guilty of a misdemeanour, and upon being convicted
thereof shall he punishable by fine and imprisonment, or
either of them, at the discretion of the court before which
the offender shall be convicted."

The importance of the argument in this case was looked
forward to with considerable interest, enhanced of late by
the recent proceedings adopted by the Northern states in
engaging men for certain trades and employments, but, sit
is supposed, for the Federal army. It, however, soon
became evident this morning that a compromise had been
effected, and that the points would not be discussed. When
the learned counsel came into court it was apparent to every
one such was the case, and that the proceedings would be
merely a form. The frost bar was nearly full of leading
counsel engaged in the case, each Lame gentle.
man having a bundle of papers before him, but which be
never attempted to untie. Certain communications passed
between them, and when the learned judges took their seats
on the bench, there was no disposition on the part of either
learned counsel to open his brief, each sitting with hie
bundle of papers before him as if he and it had nothing to
do with the case which had caused them to aseemble.

--The Atiorne;y•Oeneral, tieio ircitTir7Gene;l, Mr. Ed.
ward James. Q.O. (Attorney-General for the county
palatine), and Mr. Hannaa, appeared for the mown ; Mr.
Temple, Q.C., Mr. Mellish, Q.C., Mr. Brett, Q.C., and
Mr. Baylis, appeared foe the defends-IU. who were iu newt,
and had surrendered to their bail, to come up and mein
judgment.
The Lord Chief Justice having inquired of the Attorney.
General if he wished to move,
... . . _

The Atiorney•General said Mr. Temple had • COMMUII \CM
to to make to the court.

the case of " The Queen c. Jones and
Highett," the came in which notice was given to the do-
fondants to appear here the day of judgment, and which
haslX4o several times mentioned to your lordsh lye d aring this
term, we propose to adopt a certain course, with the approba-
tion of tbecourt. We understand that, under the •cum-
stancesof the case, the Attorney-General on the part of the
crown will not prase for a higher sentence against the de-
fendants than that they shall each pay a due of M. That
being so, and if the court sees no ob)ection to it, the
defendants are willing to submit to that Judgment without
any further discussion.
The Lord Chief Justice—What do you say to it, Mr.
Attorney-General!

The ittoreey-Gitemsl—li em Wished with it, if your
lordships will permit It to be done.

The Lord Chief Justice—Provided it is perfectly tela.
stood that the law is vindicated to the case, ktd t.f.t
any future occasion, should the law be violated,
court would not think it an adequate penalty. it te.t
thoroughly understood, and the crown, after haying
all the eircumstanoss into oonsideratioo, is istisoul .
oontritton and regret of the defendants at havieg
the law, the court feels quite safe in the hands ci
torney-General, and if he thinks this a staciezt
be item

The Attorney• General—we have considered ail
atimskumes peculiar to this case, and the crown Ca, i •
fit not to be severe in dealing with those who, for
time, have broken the law, and at a time when th. ;
is new, and has not undergone a full discussion. It.
liberty, looking at the peculiar circumstances of
'the questions of law involved, to be satisfied with
propoe The Lord Chief Justice—lf that be so let tie
be limited to • fine of 501. I hope, however, it will
deratood that it is not because the fine inflicted
tively moderate that we entertain any doubt of tto
anon of the statute that has been violated, and Li.e ,
of our upholding and enforcing the law u snot.,.
character and honour of this counter. This moo: •
taken as a guide what the court will du on any
, don should the law be again violated.
I The defendants were then fined 501. each.

COURT OF BANKRUPTCY
(Before Mr. Commismioner Goulburnj
ot an JOHN wOOO.—FAILLILE OP AN ATUJRNI).
This was a sitting for examination in the niattar
Wood, late of Faloonntreet, and of -
attorneyat-law. The bankrupt wee well
as a prominent member of the Cuttin.ot. ;
and frequently chairman of entertainment
tees. The petition was dated on the 2.th
and was presented by James Anderton,
Bridgentreet. The bankrupt had been ..rtesa,d
fined in WhitecrossUrest Prison, and an otdir ea,
for release on the gird of August. Theis
no less than five detainers 'gamut tb'
The total proofs at present made ',Unit the seat•
to between 3,0001. and 4,0001. The total .1."
stated by Mr. Seery, the accountant to the estate.
between 8,0001. and 10,000/. • saute, consistio; of f• ;
property in London and Win'chester, to between
3,000/.
Mr. Fisher, for the anigues, now propos.al t, t
adjournment for two months, as the bankrupt was t, •
pared with his accounts.
The Commissioner said that wee a long time.
Mr. Boyden appeared fur Mr. Unlike, a dttair....
creditor. . _ _

lii:facas., who suppmted, said that the bankrupt:.
old gentleman who bad been personally known t, •
many years, and who was known in the City for • 2
of a century. Redid not see what possible obje-t:,.1.
could be to the adjournment. There was some diq
the accounts with his partner.
. _

The Commissioner l'arid that there would be an tt.j
meet without day.
Mr. Leas said that the bankrupt was not exactly
in his mind. or the accontewould filed.have been filed.

The Commiasiooer said he should we v;;71;eror1,:,
ordered au adjourmeat eine die, with protavtion far th:t!
month&

GLLDSTONL-HEAVY FAILURE. A PCTI,AII:I r

WARILANT TO APPREHLND ♦ BANKRUPT.

The bankrupts, John and Thom.. Hall t.',adv
were merchants of White Lion.court, Corabil. -e?
were »Neatly made bankrupt upon a pet:,c•
presented by Messrs. Ashore, Son, and
of the Old Jewry, on behalf of the International
liabilities are about 200,0001.
Mr. DOWNS, from the office of Messrs. Anhcrat. aowt..t?
for the motion of the court for a reward to be ohm.;
the apprehension of Thom.. Gladstone, who had &him.,
to New York, Lakin: with him a box coutaiting
dollars.

-----
The Commienioner —I think you can offer r ft,,
without my interfering.
lir. Davies—But there area cumber of recaritier
have been circulated in America. and the matter may c •
be understood by the backwoodsmen iu Curt& ;Init.s -
have official sanction of the court.

The Commissioner desired the registrar to ttie t-•
opinion of Mr. Commissioner Hotroyd on the retta,
eventually made the order.

CENTRAL CRIMINAL COURT
(THIS DAY.)

(Before Mr. Baron Bracewell.)
Sophia Leander surrendered to receive the judgment cl
of the wart.

She was oonvieted • few sessions back of keeping a tent
for the reception of lunatics without being duly finalist.
but montane" was respited to give the defendant an q p...
tunlif4 of removing the patients from her establishment
nomcomplying with the law.
r. Giffard now informed the court that the ildetlat
still kept on the establishment, and appeared detern.:.el
to put herself in opposition to the law. She had tn.::
number of patients under her charge.
The defendant, who was not represented by CTAL.C.
inserted that she bad diemimed all there she thought re.re
of unsound mind, and mete within the act of par.itntent,
and those she still retained, although of weak Welkit
were not of unsound mind.
After some discussion, Baron Bramwell said the Zelen•
dant seemed to have an opinion that she was not infrirrn;
the law, and thought that judgment need not be passel.:.:
that having been admonished, she would be &Morel to
have her recogniunoes enlarged, to be brought up &gem
j ud gement.
Mr. Calera said it had became known to the cor.„-A.
eicmers that the defendant had again broken the h.
they had thought it their duty to bring her before LA
lordship.Theefeedant was then discharged.
Hcnry Wgtkins appeared upon his recognisance to anew
• similar charge, and was fined 501.