The Express.
London, England, 1864-06-01 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEA& —MAY 31.
Nib. la
ul limaa.
ies' -azWast2lbisl
sad Wes Julia°,)
Ids ma
J.
imam (Arrzi.Lan, v. Isia. Ousgrosourr).—camas

oattiooratts rin Mariana.
This w.... appeal hem • dmilen al the
ke,
*Wm at Ms
pow at Long thalss, Lissaira whit bal asseished
the appellant of Maw Waist* mad, use a • eirlaleate,
ia mom to chain • bier Meow ; so far as that eartiliatto
stated that les wan • perms d glad thasseter, ho well
know's& seas slatmassit to be fame
The Ram 0. Dinars, gx., impaired for As appellant ;
aad Mr.ponden O'Malley, Q.O. (with him Mu Naylor), fat wres t.
TIMMS mart up slated that Ma appellsat kept • Mir-
boom at Newton, star Canehridgs, sad that it wee peeved
on the part of Oho informant that the appeihra mats us
of Ms abeesamatiansel ortilsat• by pessmtieg it se WI
9th of Odsiar a wawa amok; and that he bad bra
Ms omnsear Mat bei hid ressived •
laterstie that the arbilialls was lasnamet rd was oin
g. sad that nstwitheinadig snehmuites he applied
for tilo Is,
beer thew. It woo farther Meted that the
last had ie. 1861 been bring is open sonenbazikatt:
widow woman named Om, and Ma Ohre
ehildre• hag with him ; and tbs. between WM sad MO
he was frequently &oak ; that leo bed been fregneatly
wanted by Me two camas. a the sari& that ha was dolag
woes, ma desired to reform himself sad many Ms
woman ; that ass of Me aerates raised to as.
save at the hands at the apt Ma illegitimate
children into the Omsk er a them, in masa-
verde of the appellant raring to many the widow. TM
serlifiesio was aped by is householders. I. accardemos
with the act ; sad the Irt two it the six Mead that they
signed it without braying is soMmts, mil that if they had
mad it they would ham rielessel to alga it. It was
contended by the appribat's Worm that Oho mare
prod of immorally did she esuslitat• the appahat • man
sot of good character, but that Is establish this it mast ha
shows that ha bad been esswisted of some oliesis. The
magistrates determuesd that lies sppollsat wee set a pence
al good obsesiaer, and they osnvistal him of Masi as-
lawfully used the carlilleste that he was of good ehainotsr,
henwe Mewls; it to be false, sal they Owed him 40a. and
costa. and forfeited thecaha shish he had so obbised.
If the omit were of opinion MIA the &Mica et lies
magistrates was right, theta it was to be Mimed, bat if
sot it was to ha qmidati.
Mr. Damon mid that lb. point that the justices sought
to Wm eta, whether a man who was llving with • women
without bins married to her, and who had &Wm by her,
was oar artily • per sot of good character, in mai •
soar that it was ' far lhine to ma • oniflorile wt
he was of good character withoot viciledisg the law. It
seemed to him that Ms inagistmles bad proceeded on at
erroomeas °instruction of the act, whit& did area mean that
• ma who had committed an dams spark inoralay
without say wisacial taw ssighbourbora should not be
It to Mop • beer-hew It amid sot ha ociateedod, Ns •
matter of law, that • man wee bound to tam away w inn
gitimatu children who were hetet with him, ace Maths was
boiled to many the womaa ; sad therefor* be had sot dose
SO, VMS; mosen that al astatine the moral lbw- Tor a
Mb he neght be • very proper pima to hasp a beenhoess.
It was ma that far • period of Iles yews
.the appellant was
frequently drunk; sad it was masistoot with this, that Mae
1839 he had booms am of all most sober parsons in CM
musty.
Mr. Justice Bile—lt did sot say that he was openly
drunk.

Denman—No . The justices seemed to think that
I the reemeat the appellant refused to obey the aerates Yd
marry the widow he became • bad character. Ave of them
gentlemen thumps' refused to receive the chubs. into
the church ea the lands of the appellant; but this fast was
net at all to the discredit of the appellant, though it might
require scene apology or saplasalien from the gee-
thetas who Wenn to baptist the &Urea. Be
(Mr. Deems) did not new ermined that to
prove the appellant of bad character it wee
eseemary to show that he bad been coavkled of some
1111609 ; but be considered that the statute was sot to be
mostreed so rigidly that • ass who had bees guilty of any
moral delisqueocy was not et goad chatimiter enough to
have a bow-house. If the appelt had bees rightly owl-
oiotta, Moo mown who *sod the osatiikoba if they lacy
that he was living is consubinage, went also liable to con-
viction. It would be uscharitable to suppose that such
was the intestine of the lagiskMire. It was condsteat
with the facts proved that the beerbenes had bees well
conducted for yeam—for this wee • emittattardoe lisseee—
and that there was not the slightest indication, so far as
derameour was itoominsed, that the parties ware not rasa
and wits. What wan the meaning of the term "pima of
good character ?" There had been so judicial easetractioe
arrived at, bat he appreheaded that the words were
not to be construed as measles • perms maim* edam
Dodder; to the world could be said, but that the magletraime
were to ooasider all the qualities of the man, and say
whether, under all the ciroometanoss, he was It to ben-
trusted with a Haase. If this were not so, it would have
bees better for the legislature to have said that any man
who wee liviag with • woman without born soarried to her,
or who at any time had beta so living, altenbi not be en-
titled to • bow-boom license.
_ .

Mr. Jodie@ 13 lee—Did II appear that the mix persona who
*geed the art knew of the terms aFou which the
Forties were living.
Lerman--Holl at all.

Yr. Justice Byles—Scour if they did the appellant
would take his snits of what was a good character from
what they arid.
Mr. Duman—ll was said that two of the win, would
sot here rived if they had knows the circumstance ; bat
there were roast extraordinary circumstance cooseeted with
that part of the an which he regretted that he was not at
liberty to etas.
Mr. Junin Willee—Was there say isquiry as t ►ow
many other persons in the pariah wen is the same eon-
ditiou ; because that might affect the appellant's belief so
to what hie character wee.

—Mr. lhooman mid ti&ioatorktortoly the justices had by
so MOW est out all the feats which appeared before them ;
but he might say that he naderstood this there wee toothily
externally which would had anybody to believe that the
appellant wee otherwise thee respectable. It would be
=if that which would sot prevent a ass from bun
I rot good theracter, es en M.P. re am • tombs al
his own poofeemae, or eves from filling the highoet poets in
that profession, should greyest a maw from betas of good
character sufficient to GNAW* him to keep a beer hoses.
Mr. Justice Williams—What was the objets of the legis-
lature in requiring that wear Hamad should be of good
chareater _ _

Mr. Denman—Braaas grriotry it wr found that pr
tor who bad bean convicted d Manage got lioanisa and
Gamed other bad obantotses to aaassibla ia than bowman

Mr. submitted that the questiZlns not whe-
ther in point of discrstioe Ilse magistrates bad acted
rightly, but whether in point ei law than was any widows
npou whiob they could found their donsioa. U there was
mob evidence then the court could cot Wider* with the
exercise of the discretios.

The Iced Clod Joann aid be was of °Make that taw
cosivictioa was woe& The appellant had bra ennviciled
of egg a certificate el sherecter Mavis( it to be false, mid
what we put before the mart wee whether the evilness
that tMappetaat wee living in concubbiege and bed three
children by the woman sompotled the Inegistrates to tad
that he knew that the certifteate of good abassette was
false. It was very dear that the megistrakes had a wide
discretion, bat the question kw the mart was see of law.
He could God Dothan in the ore bat cohabitation with a
woman without the celebration of manisp ; there was me
risigliolatioo of deceney, and the very faM that It being
that it wee karma that the appelket had been fre-
quently (Look betweee 1864 and 1859 showed that them
bad bees as inquisitioe of a very stria asters. and the
stetemest indicated that there had bees eethiag like a
omit of sobriety since 1859. He did sot thick that the
facts made it oompubory on the part at the justices to con-
vict the appellant of having kaowingly uttered a false ear-
tilkate. The words perms of geed chanoter" were inteaded
to precast the 1104(1111111 at rearahty, law, mad religion bolding
Lewes end sinumbibig Mailer persons round them. It was
possible that wheat this eohabitation began Um woman might
have believed her farmer husband to be dead, sad be after-
wards earned out to be alive, or there might be other paill-
ttylecirmus asretetres. He
hipda truld no
the.. t bat bat say that
ildrw was, totit: :dome!
an iedicatioe of west of amebae charity, for he wilfully
inflicted apes the children the calamity of going unhapttmd,
became the fathom and mother had not accede:l to lit re-
quest, and thee these gentlemen thought it as aggravation
of the appellant's officio, that he felt himself alienated beet
them.

Mr. Justice Williams laid be had some doubt whether
the magistrates intended to submit the yarrow Tarim
which bad been decided, bat if so, be agreed with the opinion
of the Lord Chief Joins. If the qinelime were the wider
one, thou he thought that time was unison/Meet swamies
upon which the magistrates might, if they thought fit, fled
that the appellant was not of good character.
Mr. Justice Myles thought that I. the make the word
character meant reputation ; mad hie tipirion wee that the
fact of this man tivum nereerried with► a mums was se set.
deuce that be ad not believe what hi. Mr neighbours said
of him. The olorgyeme, so doubt, did hi duty la trying
to iodine the Fargo to many ; hut an to Ids Weak' bap-
tism, be (Mr. Justice Byles) entirely agreed with what had
fallen from hie lordship.
DOCiR-011 reversed.
Mr. Naylor arplained that the thermals did not reilue
to baptise the children, all that he did we. to !Mum Miaow
the father and mother to be sponsors. The children wen
The Lord Chief Jeanie mid that M that wen so of course
be mew mice regretted that he had mode may othematios
upon the matter, bet be could rely deal with the feats m
stated. As the fade stood it artaiay appeared to him
that he midst with propriety wiggle' to Use elergymea
thatldrm. they should change their coarse towards the pow
chi

Mi. Demean maid it might be ealialaahxy to !new flat
the words of the leagietrated ledgekeet were—" The dam-
dant wore have known ia past of law that ha was a had
character." The decielea, therefore. west epos that grows/

Mom ?lux imis Aim sums ?lux rnra.—Thie
VP** is OS lomat nit bed 'book et Igen sad war
war *typal& arras
weri44wied
al AIM Well* NAV IV ertglikeres soh womb.
41.61.10, 70. Onsbilma. lisarispaires. 114•101•4 IYL

MARKETS.

TALLOW.—TOINDAT MINIZIPS.-11• maim lam
404 to-day. Spot, 40a. 9d. • Jana, Ca.; ./aly to ay.
Isoallat, 41a. dd. Si.okolor to 438. */ to toa.
Dootabor, 44a. Willow to loaf ovados, 7Y tutu ;
into&

OOTTON.—limirom, MAT 31.—W• Imo had lintiud
to-day, sad a quid 'whet without damp.
Was fat*, 4.000 bass, issladiag 1,000 spleaktios sad
a 74.30) Amorins, 96#1. 2811 g. ;30 Puma, 1...
300 lelnAlsa.:33o. 36d. ; SOTO Bent, 12d. t.
aid. ;mi., ilia.

° GOODFL—•nommergs, Mau 31.—Than is
bmit= II
about She market, either in yam or cloths.
Boyers me y Indlopmeed es opines either for boms
11•11=0011111 or far shipment until we here further rates
from Assriss. The peat streak is Virginia is still the
eases of mash szeilemeset hen, mad we are waiting with is.
Sews interest the mews espered by the reamer dos is.
narrow, sad whisk may arrive this .rain . For shin*,
yens IdW bosiser has her does, sag to
soaks mks would hays to take lower pees;
though spas whole prior remain pretty firm owiagto
the majority el mpiaasis berg wall supplied with cestmer
Homers& yews are fully ma quiet am Yon for uport.
Prior am seminally oashmeged, but berm bar displayed
very little dimpasinos to prelims for madam/sr* psi.
Is cloth the market has shafted miry litide rims
peer. Is
It la gaits es list. Thrufacturen are sally
the Isms prises, awl are tolerably deem, Wiry ruiner ia
some err r lower rots though it is pretty certain this
is mob err when buyers have operated it ham bees rely
whore arise terms have bre eneeded than would hen
her a/espied lest week. Per India so bedser at mg
appears to be offering, though the sews la sot so 'dans p
And telegrams pre tie imperious at MI market closes
fiat both for yarn and sleek. The failure of a oraos spumy
aad ramitestmer at Paiihma bus been spokes 01 0/
'Change. The list/Mr an ilia•d at 40,0004

WOOLLEN. Lam, MAT IL T u atlas:kw
this smirsiag M the Oelabrabban has bass fully up to
the avenge, but the treaded al goods of all &seriatims
los base molt costing' sad has maltase bus
buss is slight sad a tow glob 4oths kayo also
aboard basis. TIN WbM..bsll bee bass son 'slimmed,
sad although the 246soidsace ha aot buss se large u s the
eoloured market, they have evidestly shows Wes of greeter
aperalatios.W bay* bees well ioqeired for ; Vitoerti
pdob, sad heavy goods is this wiriest haws also wet with a
pod demand, sad the moonlit of hosanna dome has be,.
quite up to tbu swinge. Rates cautious firm

NANLIFACIVIUML —llexamaanmz, MAT 31.—A fair
aftsedance of barns in the saerket to-dsy end they have
purchased ton tamable =teat in low fancy and anion
geode. • few Cheadieri hare rho been in the town dUring
all week, end mile up • her wroth in blacks end hoc,
treseeringa Manufeetarere bold ont for stiffer prime in
amerquia
than ine of the adveara fa woof, sod in my noble=
Atha .

WOOLL—lluDming" MAT 3L —The arrivals from
premat mks ar. hear das reader, aad prises arr visy
• bat tb• oaaditioa is pod, sad nassaWiarso, smog
as probability d lowa. rater ass baying more

0010T.-130u.. MAT 3L—li belay's market a modowle
supply of &Oak wheat, whisk sells readily at L. prqr.
over laM Theaday's eurreaoy, barn rase of red making ae,
to 30a., dabs. per beaked, to the power. romp mega
=On lewdly, but ae quotable nor/room:not to vales.
Beam move ear steadily. Peas a little sealer. Oats steady.
Foreign arrivals for aka week :—Bakty, CIO ; beau, 871;
peas, 1,639; larea, v 1 q_re.
Ipswica, MAT 3L—Phan WAS a fair supply of whist at
market today, which sold readily at tally la. par qr. ad.
moos ea Lea week's ourresey. Beam sad peas each rather
dearer. _ _ _

4=MAI 3L-The show of fine yellow wheat is
„sad holders of each an readily ob.
Is. per quarter over the tales of lad Tansy. WM.
is not so sawn inquired after, sad, anon &not
=reiteration
ma not darn Bien IA. per quarter higher ; so
in ether ankles.
Unwron, MAT 31.—With • fair stiendease of linen
at this day'. whet when hoe obtained an &drone of fully
Id. pm we nn on the geotatious of last Friday, awl WO
Dodos • Lou Dineral inquiry. Finn is bold with
and if anything is more ealsable. eon is=
sparingly, and most be gained 9d. pm quarter dearer. oats
and oatmeal ere am very difficult to won, the Ina
article esposially. Bons, pen and beds; steady at we.
vine miss. Ifie market deem a degree we eliserful thee
al lene.

—MN; KAY SL—At our Care Ziobeace this tlay ere
bed • limited supply el wheel, white ant • reedy Ws el
3.• pr qr. admen epee the retie of Let week. Brae sad
Matey brought Ist* quototious. Per quarter *oriel to
the grower : Wheat, whits, Dew, 631 he. to babe.,
45a. to 44a. ; ditto, red, 316. to 41a. lady, beet
Chevalier setae& babe. to babe., 364. to 37e. ; ditto,
rose Manlier ditto, 6315 e. to baba, SU to its. Oats,
allbs. to 4ate., 211 e. b Dora, old, 6,315..t0 Ma,
ST!. 10 348. ; ditto. sew, Xbs. to 441b5.. ass. to 36r.

MAT Al. —Mot weather MID motaams
sold but with a bright sua. At our market this mama(
we had a rely modentre show of wheat treat the VOWs sod
arrivals emetwies warn equally so. Foams, is emir
yam" at the opening al the 'market, demanded as ad-
vases of L. per quarter, but millers riniatiag so great aa
immoveseut, Win= bugged, and it ins with some
di/amity that a ries a/ 6d. par qe. meld be estakdidad,
the beet south reds making 42a. 6d. per 601lbe. Flour was
held far rather Olen mossy, sad although oat oomph,'
with there memo every risme far mtppeeing that oar
dealers will be lompted to give the mks sow maize&
In other article" we ham, no amesMen d istemed ha arra.