The Express.
London, England, 1863-02-09 00:00:00

APPEAL YROM Till DrCUSION OF THE !SUPREME COURT OF

Till COLONY OF THE CAPE.
This ill ma appeal which is regarded by the church gene-
rally as we of great importance, as affecting the itoolealas-
uoil status of Dr. Robert Gray, Bishop of Cape Town and
Betropolttas of South Africa, comprising many aPietal
use, and as affecting the Lishop's right to deal with Dr.

sir Hugh Bairn', Q.C., Mr. Lewis, Q.C., and Mr.
White appeared for the •ppellant, instructed by Messrs.
White and Bennett, of Whitehall-place • the Scitor-Ge-
nail (Sir R. Palmer), the Queen's Advocate (Sir R. Phil.
limore), and Mr. H. Buller appeared for the respondent,
the Bishop of Cape Towo.
The CYO of the appellant is thatbe was suspended and de-
prived of his benefice by the Bishop of Cape Town, he not
having lawful authority under his letters patent to
adopt that course, and that such punishment could only
be indicted by the crown. He appealedagainst the act of the
bishop to the Supreme Court of the colony, who affirmed
his decision, and hence the present appeal to the Judicial
Committee of Privy CounciL The respondent alleges that
os the 25th of September, 1847, her Majesty the Queen
constituted the colony of the Cape of Good Hope, with its
dependencies, and the Island of St. Below into an
epuicoval see, to be called the bishopric of Cape Town, and
duly appointed the respondent to be the bishop of the
same. He war consecrated, and on the 20th of February
the respondent arrived there, and took up his position as
Bishop of Cape Town. His letters patent gave him the usual
powers, and they were published in the government
Gazette of the colony of Cape Town on the 24th of Feb., 1848.
While the respondent was residing in the colony as bishop, the
appellant, who stated that he had been ordained a deacon
by the Bishop of London, and that he was officiating under
the Bishop of London's hi:use, applied to be admitted into
priest's orders. He was ordained and took the usual oaths
of obedience, nod a cure of souls was granted to him at
Graaf Remit. In 1853, by reason of the great increase
of the diocese, other sees ware formed out of it, and the
authority of the respondent was continued over the see of
Cape Towo. The appellant was licensed to the incumbency
of a new church at Mowbray. The bishop called a synod,
which the appellant refused to attend, and accused the
respondent with an act of schism. Some time batterwards
the bishop opened a sommisaiou against him, sad his as-
sessors having condemned him of contumacy to officiate
after • sentence of three months' suspension bad been
pulped upon him, he was sentenced to deprivation, which
the Supreme Court confirmed. The case is likely to last
some days.

It is -generally uoderstood that the bishops of the church
of EngLod will reserve any official notice of Bishop 13olenso's
book until the Judicial Committee decide the present
IPPeaL

COURT OF QUEEN'S BENCH.

---•—
After Term Sittiop at Nisi Prim, at Westminster—(3o
fore Lord Chief Justice Cockburn and a Special Jury.)
...--..

AMILIITING JURYIUN.

Several special jurymes.—were- wined 1.01. each for non-
attendance ut ammo. Only seven special jurymen an-
swered to their acmes.

JONES V. TRI LAW Lilt

COMPANY.

This ira;;;I•ciio; o; • poiMyOirrTenTairoeainin;lore.
The defendants pleaded • number of pleas, emengat
others, that the particulars of demand were hies sod
fraudulent.

Mr. Serpent Shea, Mr. Collier, Q.C., and Mr. Needham
were counsel for the plaintiff ; Mr. Hawkins, Q.C., Mr.
Coleridge, Q.C., and Mr. Shaw were counsel for the dr
fendanta.

This was an action to recover the sum of about 1,1001.
for goods, fixtures, destroyed by fire. The plaintiff
was • hosier and glover carrying on business at 17 11001-
dillv, and the case relied upon him was this :—The plaint,
it -appeared, wu the son of Mr. Jones, who carried
on the banner ci a hosier, he., at Swam*,
and has a perfumery business in Itegent-street.
Plaintiff married • lady of Swansea with a fortune of 2,2601.,
and having purchased the 140110, fixtures, &c., of the above
premises, he commented Winer there in April, 1861. He
gees 4004 for the lease, and was to pay • met of 2101. par
annum. He gave 2151. for the fixtures, and he laid out
about 2001. in decorations. He also purchased stock to
the extent of about 1,1001. On the morning of the 31st
of July last a fire broke out on the premises. His wife was
oat of town at the time, but himself, his brother, a shop.
lea, • friend, and the servant were sleeping on the pre.
maim and it was with difficulty they escaped with their
lives. They, however, got through • trapdoor on to
the roof, and from thence to the adjoining house.
The plaintiff was found insensible in the roof
gutter, with nothing on but his shirt. Hs
was removed to his father's house, but did not recover till
the following day. By • covenant in the lease he was
obliged to insure the premisesin the defendants' office, and
do consequence of what passed when he went on the first and
second times to pay the premium, he was induced, on the 17th
July, to effect • polity with them to the amount of 2,0001.
cia his goods, stock ia trade, butane, he. The day after
the fire noticce was given to the defeadante, and shortly after
a Mr. Jackson called with the cartel Mr. Eiloart,the defend.
ants' surveyor, and rearennseaded Mr. White, auctioneer
tad surveyor, as a competent parson to make out his claim.
Plaintiff was too much shocked to aimed to business,
and his father sanctioned Mr. White's employment.
Afterwards, when be recovered, he suited Mr.
White is making out the claim, which was sent in to the
compsay—ML, -9514 for the stock. 103/. Se. for the
fix-
tures and fittings, and 101. for the household furniture,
The plaintiff complained that the defendants bad taken
away about 4001. of Mock. After the claim was
sent in he saw Mr. Eiloart, who said the
claim was right up tea certain point, but that the rest " is '
all my eye," or something to that effect. He said plaintiff
had better settle it as soon sa pomible, and advised him to
go into a room with llr. White and re.coosider the matter,
because as soon as hie creditors knew there was •
dispute with the office, they would attach the mon
Plaintiff said his claim was right, and he would
not reduce it. Mr. &kart said, "Be careful what
you are doing" for he had had a convereatioe with
one of the plaintiff's servants that gave him ground for
acting upon. The plaintiff told him that he bad acted
shamefully, both to himself nod his father, upon which
Mr. &loan said if the plaintiff intended to criminate
him he had better leave the office. He further
said to the plaintiff "mind with a stroke of my
pen I can settle your claim. I have the chequebook
here ready." Plaintiff told him he would not reduce the
claim ; and in answer to questions from plaintiff, be said
be could not do anything with the house to allow him to go
on with his business until the matter about the stock was
settled. The company partially reinstated the fixtures
two mouths after the fire. The plaintiff complained of the
manner in which he had been treated by the defendants.
He had given them every (malty for amertainbti..the just-
ness of his claim by the production of
he. One book he kept back for • few pagan
ye,
became it contained entries relative to his wife's
property and other private matters, but cm that
circiunstanoe coming to the knowledge of the plaintiff's
attorney, he sent the book to the company, with • letter of
explanation, yet they wrote letters to his creditors impatiag,
as he contended, that there bad been some unfair dealing on
hie part ; hinting that the plaintiff bad only insured about a
week before the time of the fire, and that as he had made
a Skim deemed to be double the actual lose, and had
hitherto refused to show his bought ledger, they had
asked to be supplied with information as to the state of
hi account. The plaintiff, eassidering he had sot been
properly treated, had bees compelled to refuse all offers
of settlement in any way except by • jury.
On crarrexaminatioe, the plaintiff said he commenced
business in April, 1861, and insured in the defendants'
aloe early in July, 1862. I the spring of 1862 he found
be had overstocked himself. Between the spriog and the
time of the fire he purchased as much as he sold. In Feb-
ruary an account was taken of his stock at the desire of
three of his creditors, but 1104 an emirate and detailed
account ; three bones of gloves worth 181., veils, 2/. ; em-
broidered handkerchiefs, 111., were omitted. He kept a
bought ledger, which contained every item be bad pur-
Mimed since the commencement of his busioess. It was not
produced at the valuation made in February. It was not
asked for. The emh-book sod invoices were produced.
The servant was the last up the night of the fire.
]Tits use was proceeding when our report left.]

COURT OF EXCHEQUER
Sttiop at Nisi Prim at Wesimineter.—(Before the Lard
Chief Berea cad a Rposisl Jury.)
RUSSELL IL •DAHL.—iO.ACH OF MIMI OP SARRIAO6
This ewireerdiatery ere wee resented at the mitten of the
court to-day. The mart was crowded to exam.
Sevisant Stem and 3lr. Chas. Pollock were counsel for
the plaintiff • and Mr. Lash, QC., Mr. Hankies, Mr.
Se►jeaut Parry, sod Mr. 8. D. Waddy for the defendent
Mrs. Lama was recalled, and mid that Mrs. Russell re.
quested her to take oat the Whits and wilt. from the hill
sad put them ea a septette piece of paper, as she did not
wish her brother is liaised to know what they drank.
Cromexemined—lfr. Adams, the defendant, came twice
or thrice a week, and never stayed more than tent or fifteen
minutes. If h. had oome often she should have thought that
he was • pretty fair lover. (Laughter.) He tame generally
in his owe cab, but sometimes in hie carriage. She only
saw him some owe in the evening, bat she heard he to..
oa mother ocemicia in the evening. She always knew whet
he cares melte bad to provide for him • bottle of ahem,
biscuit, sad cream (Laughter.) She heard him slag. bet
only once, and that was in the eveuieg. No other perks
called upon them, except a poor woman to whom they owed
money. They need to_ give bar tea.
Mr. lierlema Sheo—Were they quiet people
Witsme—Pretty Ina when they were not pat out. I
pot theta out by asking them far mooey. They did net
like that. (Laughter.)
listisant Shae—Waslire. Roma ever totoxicared
The Lard Chief Barna amid he did mot Welt {Let was
lettertaL

Loah—l below add also woo istoxiasfod.
SSrjesst Shao—But you raid else drusk enough broody
aid lin to make a regiment drink. (Laughter.)
Swiasot Shag —How old ia Mr. Adams!