The Express.
London, England, 1852-03-06 00:00:00

tam internam.

HOUSE OF LORDS.—YESTILZDAY.
APPIAI/ MAI 11. (-Luis, or Woos u VCOll.4lBla. -Harms TUB
Lou CIIATC&I.Lnis, LOUD SWAIM/al. Lap Low. Tat so.
H UTCH I KWH e. lesiurn.
. -

Tha fasts and arguments in this tans, apix.al from the fine
division of the Court of Session. were reported yesterday.
The airmails on behalf of the respeadesti having been
sere reminded, Mr. Fervytbin the einem of Mr. Roundel'
Palmer, replied, and their lordships snipped judgment.
TM he... than adjesened till Monday.

EQUITY COURTS.—YErraaDAY.
Moms ma Nunn or Tee kinUN
IN as PENNI**. CRARITT.
This was a petition for a reference to the Muter, to
settle a scheme fur establishing the charity.
Mr. Riede Palmer, in support of the petition, stated that
Mr. Deakin, of Sheffield, by his will elated in May, 1814,
bequeathed 3.0001., on condition that, within two year of
his death, a like sum should be raised by voluntary °marl-
listless from others, for the support of single women who
bed been married, and who were members of the church of
Ragland or protestant dissenters, but not Arians or So-
Means.
Mr. James, who appcarril for the Attorney-General, con-
sented ; and
Honour made the order accordingly.

Swung TOCIFCBANIIbI.I.OII
IN AB THE Fit/RUES AND STALLINOSIte or Sr:maw
Lane AND THU 111,0101. or DelltlAn.—TlTLl TO Sew-
DeleLeteD Tows Moos.
The Vice Chancellor &livered judgment in this ease,
which was argued a short time e.g... The case cams on upon
two petitions making the court to determine whet taws
entitled to a sum of 3,1101., which hail been paid into wart
by the York, Newcastle, and Remick Railway C
anon the VUTCII.4.` of six acres of land, firming part
Sunderbuitt 'fown Moor. The claimants were the from=
and stallingers of Sunderland and the Bishop of Darheell
the former claiming the land hy a titic of immemorial WM
potion, and the Letter claiming as lord of the manor
of Houghton-le Spring, in which the moor was situate.
When the proem:dugs were first commenced, an issue
was directed to the court of law to ascertain the title
to the land, and an order was accoriliagly made for
that purpose on the 2: 4th of March last year. thy the terms
of the issue it was arranged that the freemen and stallingen
should attirm, sad the 'Thelon.. of Durham deny that the
sod and freehold of the Ii acres... by the railway cons-1
pany belonu. it to Coe freers. n nod atallingers, or that the
lii hop of Durborn had any title thereto. The trial came
on last July before B a.m. Williams. The OM set up b 7
the corporation was that they had been owners of the mid
and freehold of the Sunderland Town Moor. including the
aim acres, fur a time long before the memory of man, and
therefore claimed a title by prescription. The bishop
alleged that he woe lord of the manor of Houghton-le-
Spnair, and though he admitted that the right of
herbage and pasturage was vested in the corpo-
ration, he denied that they had any title to
the soil and Ina hold when the trial came on.
A great quantity of evidence was produced, and the judge
in summing up, after minutely detailing the evidence, con
eluded in three words: '• Now, gentlemen, this is the evi-
dence on one side and the ether, and you will have to decide
whether the bishop's evidence is so powerful, notwith-
standing the notorious &tt4 of ownership exercised by the
freemen and et:Angers of Sunderland, that you think the
title is in him. and that those acts of ownership were merely
sets of usurpers; if so, you will find for the defendant. If
not, for the plaintiffs. But if your minds are squally
balanced, and you =snot come to a conclusion, then, low
winch as the burd.as of proof lies on the plaudit's, yea
most find for the defendant." The jury retuned aMs
diet in the following terms: "We find for the '
in accordance with Lis lordship's direction, neither piety
baring made out a title to the land to our satisfactleaL" A
petition was then presented to this court by both paths,
each claiming a right under the above verdict.
his honour,_ after stating the above facts, said it had
been contended by the freemen and stallingen in the
first place, that the fact of the verdict being for the bishop
was immaterial, and must be disregarded by this court,
and that the evidence went to prove the contrary—that the
bishop was not entitled; eceondly, that the evidence, if it
did nut prove the title of the freemen and Mellinger' to
the land, in question, at any rate proved that they were in
Mion, which tact, under the 79th section of the Lands
urs"ce Act, was mane cut to entitle them to the =envy ;
and thirdly. that there aught to he a new trial, on the
ground of caul' en the part of the judge, the ver-
die t being intaiust the evidence. For the bishop it
was contended that the acts of ownership proved
by the corporation had reference only to the herb-
age and ',storage of the moor, and did not disprove
his title as Lord of the Manor to the soil and freehold ; that
those act. were acts of usurpation, and that the bishop's
title had been proved. His honour said that upon one
point he had no doubt, and that was that the verdict,
though in favour of the bishop in form, could not be re-
garded as ezpressinir the opinion of the jury, since they
had declared that neither party had made out their title,
but they found for the defendant in accordance with the
direction of the judge. The verdict, therefore, left the ques-
tions entirely uudecieled, and it was not fur the court to de-
aide the question itself. The court had merely to direct the
ism as the machinery for ewertaining the opinion of the
jury and not to elicit evideuce for the purpose of
proomming a decision. No doubt, upon an appli-
(mon for a new trial, the court might look to
We evidence to sce whether such a miscarriage
bad takes place as to induce the mart to grant
mew trial, but not to decide the question whether the cor-
poration were in possession when the land was taken by
the railway company. Fur the freemen and otellingers ft
had been contended that there was a adaiireetion to the
jury on two points. First, that if the blEep was at any
time owner ef the soil Mace the diesblies *guts of Henry
the nth, be waa entitled without ireforrems W the statute of
limitations ; sad secondly, that the j emitted to tell
the jury that under the 7.9 th we. of the Leeds Chews Act
the corporation ought to be deemed 01,11•11 WIN tier
were satisfied that the bishop's title waselemi
As to the point raised upon the statute of Libidos if
any of the Bishops of Durham bad bets is
and had been elispowineed and sime the disposer Wl=
of 60 years, comprising two inourabweass, sad sax men of
a third incumbency had pared, the right of the bishop
would be extinguished ; but that west was not set up by
the counsel upon the trial, sad an midway was gime to
support it. As to the judge net bowies rellneit le the Mb
sect. of the Lands Clauses Am, be *seed there wee an
'indirection in that respect; that snothes was may a Seer
tion to this court how to act ups way sew Ike peyeret of
money out of court. As to thew aist befog stpiest the
evidence, he could not decide that sub wee Use else, be-
cause the jury had declared that there was a* eellishat
evidence to enable them to come tit seR esnole be ltisfien. Never-
Miele's, he considered that there • mew trial,
bemuse the List had wet been • with sack a result as
this court could set upon. The Wm, however, must be
framed in a Miriam* maser, se lie tie court skit hese
• conclusive finding by the jury et is the title alldiaa pew
leSsion. Coda One eleellllollBllal be should we
asiF
opinion upon the eddies% eilbsegb be had es.
anined it All, became may elyeeldes of minim MI JOS
alight possibly ordeals tbe mitre whew It was spit idol
at law.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.--CuEuvroito, MARCH 5.

TMs TOLLISHIMY Mciwzk.

The trial of We; 15111;;;;;;O$ fur the murder of Elisa-
beth Cobb was recommenced this atoning, at nine o'clock,
before Mr IMrun Parke. _

James Pillory, a labourer, deposed that about a fort- '
night before the murder be saw the prisoner at Colchester,
and they waked home together. As they were going along
the prisoner asked him if he had got any money and he
told him be bad nut ; and the prisoner replied No more
have 1 ;" and, he added, " I want some, and I must have
it." Witness asked him where he meant to ge• it, and whe-
ther be intended to steal it ; and he said " No; but I
know where there is some, and I don't sleep far from it
when lam at home, and I mean to have it."
By Mr. P any —IV Anon knew of the inquest being held,
but he did not offer to give this testimony before the
coroner. He heard that Harrington was suspected a few
days after the murder was committed. He had his evi-
dence taken down last Tuesday, but he had not received
an money. Ile expected to be paid for his loss of time.
John W ash, the husband of the prisoner's sister, was
then called, and the razor that was (sand in the " we:oleo"
was shown to him, and he was asked if it was not the ass
that belonged to hint, sad which had been lost from his
cottage. Ile looked at it for SOWN time, and then, in
answer to a question put by Mr. Bodkin, he said he did not
think it was his rotor, and he added, that he thought that
his razor was straighter in the back than the one now pro-
dosed.
By Mr. Parry-lle purchased his razor in America
several years ago. Upon the blade of it there were origi.
sally the words, " Whoever buss me will not repent."
These words were worked into the blade by mesas of some
arida.
__ _

By Mr. Bodkin—Hs had sever seen his own razor since
it was first salved from his cottage.
By Mr. Baron Parks—l cannot say whether the rumor is
mine or not. The handle and the case are like mime, but I
do not think the blade is the same.
Baron Parke—What is your belief upon the subject?
You are upon your oath, you know.
Witness (heat cannot say. My razor was an
eitzeordinory large resin.
Baron Parke—Then, do you believe this is not yours ?
Witnem—l cannot say. I thought the blade of my
razorre larger. I told Mr. Cobh so, and that is the
reason I could not swear to it before the coroner.
Berm Parke—How by is it since you have seen the in-
scription you have 'mentioned upon the razor ?
Witoms—Eight or aims years.
lames Dishy said, that about • twelvemonth ago he
lodged at Cobb's mileage, Gad seed to be shaved by Cobb.
He was in she habit of sting sorb a riser a. the one now
related ; but be was unable to farm an opinion whether
it was the mass razor or not. .

tares Ceres, ewe of termer wieners% wbo lodged in
Write here, said he had often used his razor, and he
stated that the ono produced was his razor. Re particu-
larly noticed a /eat la the ore, and he was sure it was the
suns that and to be in Wash's attar.
Janes Cobb was recalled—Me said he had been in the
habit of ring Wash's sneer and setting it for two peen,
sad to the beet of his belief the razor and can now pro-
ds's!' were the setae be had been in the habit at ;Litz,
By Mr. Baron Parke—Hs never observed any
sr& tither wpm the ram sr the ere.