The Express.
London, England, 1852-01-23 00:00:00

THE EXPRESS, FRIDAY EVENING, JANUARY 23, 1852.

ham or Stour WM, Railway, or from using the line of
the Shropshire Union Ramp:4a
it
.2=l or Shaba m
compete for any trees lim Illuerre•
bury and Uiroungheet terartny, or sorry.
inn any pamsegers, &e. to or from Shrewsbury er Welling-
ton, or any Oat between theta, to or tram soy railway
+RAM. ems Rugby, or my pine as the Laden wed
North Walvis Railway es the ens* err Loins ebbs of
flashy hem which the pisbillb' newsy Arm the direst
ef sommieetioa.
Mr. bolt bad partially opined the ease for the plaiMilli
whoa the edart roes.

COURT OF QUEEN'S BENCH.—TISTIMDAY.
ammo. ss Bases —NOON, WILD CANTWELL, NLJusises Parrisos,
Ma Josrica Onannon, Aro Ma. Renee Weennase.
Tun CDVI/CHWARDIDIS 01 DAILINGITON eh MIDDLETON
AND OTIIIeNL—CKUSCII Ems.
Mr. Atherton, WI to show OHM ophot a as ob-
tained by Mr. Pashley, Gallia( as M. °dim and Mr.
Hammond, two Potion el the pea he he county of
Durham; and Mr. Kalil* esd Mt. Middleton to show
tape why • auandeases dwell Pt be directed to the
said justices cammandilholissa ileac their warrant of
distress Sor 4s. 7 4.lfrasizerasi:xii sf church rate owing by
Mr. Mi6dlstem IS , mad Mr. Bulkton, church-
semitone of the pitied Deilbegees. and the further sum
adjedped he PP. It spewed that Mr. Middleton had
beat Nemansed Wore the jeetiost for non-payment of a
dumb rate, when ha disputed the validity of the rate and
gave notice to Stephenson to palace the books, alleging
that the rate was retrospective, and Wended to cover the
following, amongst other charges ;—Expenses to Durham,
2!. 10s. ; clerk and sexton, 361. ; bell.ringers and ropes
211. 4s. ; Harrison, fur attending clock and chimes, 71. Ss.:
tuning and repairing the organ, 41 10s.; organist's salary,
201.; charge (or collecting the church rate, 101.; copying
same 1/. It.. 6d.

Lord Campbell-11e should have attended the vestry, and
objected to those items.
Mr. Atherton said the first notice his client had of any
rate having been made was the summons. Upon the hear-
ing of the summons, the justices postponed the matter for a
month to test the bona fides of Mr. Habitat's objection,
supposing that he could meanwhile bring the question be-
fore the Conaistory Court of Durham. After the lapse of
that period Mr. Middleton and his attorney, Mr. Allison,
attended again before the justices on 6th October, and stated
that they could not compel the churchwardens to institute
proceedings whereby the validity of the rate might be tried,
and they refused to do it on their own motion, or to pro-
duce the books for inspection, in order that the items to be
covered by the church rate might be seen. The magistrates,
however, made an order for the payment of the rate, which
Middleton refund to obey ; and upon a subsequent applies-
tion to them for a warrant of distress, they doubted their
and objected to issue the document. Mr. Mid-
dleton challenged the churchwardens to take the matter
into an ecclesiastical court, but they refused, and preferred
a bill of indictment against him at the Quarter Sessions,
which was, however, ignored. The learned counsel pro-
ceeded to contend that by the 53 Oeo. 111., which pro-
vided that magistrates might take cognisance of claims for
church rate under 101., their jurisdiction ceased when the
validity of the rate was disputed, as it had been in the pre-
sent instance, and that wee the only question for the deci-
sion of the court. _ _ _

Mr. Poshley, Q.C., in support of the rule, contended that
the order of the magistrates might have been questioned by
appeal to the Quarter Sessions or by eertionsri; and that lite
greaser in which Mr. Middleton and his solicitor objected
to the validity of the rate was not sufficient to constitute
the questioning of the rate referred to in the proviso in the
bird Geo. 111., upon which his learned friend relied.
Lord Campbell was of opinion that the rule ought to be
discharged. If a party brought before the justices under)
the 53d Oros GI., upon a complaint of the non-payment of I
church rates, made the objection that the rate was invalid,
sad did so bona fide, however erroneous his objection might
be, sad he did not say in this case that it was valid, there
yea la power given to the magistrates to consider the validity
et the objection, and they could not proceed auy further,
the churchwardens being then left to their proper legal
remedy.
The other learned judges having concurred,
The rule was accordingly discharged.
COURT OF EXCHEQUER.—YESTERDAY.
DRIVIINI AT Kr Paws ar Illarranansa.—Barosa Me. BAUM
MARTIN.
WHITIKIAD r. LOW) (ADMINISTRATOIL).—ACTIOX Oa

that I asked for the encore, and then I will go to Mart-
toreesh-amert Police Court and obtain • mutinous." Com-
rwitat out and called in • gentleman who was wait-
zirtaide. The defendsnt, whose behaviour had slways
hem very rude tiewsrds her, put his hand to her face. She
said, " Keep your hand from my face " The defendant
ilea streak or peeled her oe the face, and scratched her
Ihes. The* dallamieet dem mg the errand boy far •
ierestesisalsume.whe• the emetahle earns she was=
MON rad ellerwards brought to the
pike wefts bet dithespil, as se IMO wee present to make
• essaybitt.
To weds= bum Mr. Bleu, complainant replied
that she hod est heat requestM Os leave the shop before
she mos shirk; that she had not laid bands on the defend-
set Ware Os was assaulted ; and that abs had not endea-
voured t• Pece her way into the house against the defend-
ant's will.

—Mr. John
Charles Wood, of Clifton Lodge, Abbey-road,
said he accompanied the complainant to Mr. Bennett 's shop.
Ile was called in by the complainant. The defendant amid
he would turn both of them out of the house, and he ad-
vanced his hand towards the complainant's face near
enough to strike, but witness could not say if he did strike.
The complainant pushed the defendant's hand away, and
said, "Take your hand from my face." The defendant
then struck her, and gave her into custody.
Mr. Bingham said the evidence of the witness altogether
disagreed with the statement of the complainant. He had
put the question most distinctly to the complainant, " Did
you put your hand on any part of the defendant's person
before you were struck J" and the answer was, " I did not."
Complainant—No more I did.
Mr. Bingham was at a loss to understand how the com-
plainant could have pushed the defendant's hand away u
described by the witness, who was standing by and In a
position to see everything that passed accurately, without
touching his person. lie considered that the complaint
ought not to have been brought to that court. In the diet
place, it was a meet inconvenient hour to call at a person's
house, eight o'clock.
Complainant—l had barn there before that day.
Mr. Bingham—lt would have been much better to hays
sent. _ _

Complainant—l have repeatedly sent, but without effect.
Mr. Bingham repeated it was an inconvenient course for
an injured person to take to go and make a demand for
payment, u in such cue the party applying was very likely
not to keep her temper. He would put her in a proper
track for getting the money without any difficulty. The
complainant might pay fur a summons, or have ono for
nothing if she was poor. The officer of the court would
serve it, and the money would be piotured for her. As fur
the aseault, the defendant was the agent of his muter, and
when addressed in the way stated he had • right to put the
complainant out, especially when the first blow wan struck
by the complainant pushing away his hand. The blow was
nut serious, and not beyond what the occasion required, so
the charge must be dismissed.
BINEVOLINCE.—From " It. T.," the half of a 61. note
for the poor-boa.
LAMBETH.

Alfred Glover, 19 years7faip,iressed in the " gentish"
style, and who is an omnibus driver to his father, appeared
to answer the following chew.
Mrs. Catherine Urine, of the Ship tap, Charing-cross, de-
paced that on Monday, the 12th instant, she lett her home
between two and three o'clock and took a place in one of
' the Peckham omnibuses to proceed to Rye-lane. The con-
' decor of the omnibus told her at the time that his vehicle
did not go further than the Kentish Drover+, but on reach-
ing there he should forward her the remainder of her jour-
ney by one of the same company's vehicles. On reaching
the Kentish Drovers, she was put into an omnibus of which
the defendant was the conductor, and on putting her down
at the end of her jour. cy that person demanded sixpence
for herself and a young woman who accompanied her She
told him if he must he paid he must go back to the con-
ductor out of whose vehicle they had got at the Kentish
Drovers, and u she (witneau knew that man, he might
nettle with her again. The defendant cursed and swore,
and would hear nothing of the kind. Witness then offered
to give him her address, when he swore again and WIZ.
ing her silk umbrella, said " This will pay me."
Witness feeling annoyed at such gross treatment told the
defendant he should not escape from the punishment he so
richly deserved with impunity, upon which he in a haughty
and impudent tone exclaimed, swearing again, " I don't
care for that, I hare got more money than you have," and
kept the umbrella. She, however, took his number, but
on applying at Scotland-yard on the following day to get
his name so that she might be able to takeout a aummuna
against him, she was told that the number, 1723, whichalic
had given in had been lost, and she was therefore coin-
pelted to take a second journey to Peckham to identify the
defendant. She did identify him, and found his number
the name, but instead of a conductor's it was a driver's
badge, and he was licensed as a driver only.
Mr. Elliott—Did the defendant return your umbrella ?
Witness—lie did, Sir, but not for two or three days,
and until he found I had been to Peckham a second time
and made a stir about it, and the consequence of its loss to
me was that I had • new bonnet completely destroyed by
the rain.

Ellen Williams, the young woman who accompanied
Mrs. Grise, confirmed her statement in every particular.
The defendant, when asked what he had to say to the
charge, replied that his father's omnibus had nothing what-
ever to do with the one that had taken the complainant
from town, and therefore he had a right to be paid his fare.
He denied using the improper language *mooted to him.
Ladies were in the habit of giving false addresacs, and the
umbrella had been forced upon him.
Mr. Elliott convicted him in a penalty of 205., and 101.
damage, or 12 days' imprisonment.
In a ;hart time after a showily-dressed young woman,
subs gave her name as Miss .Natalia Clark, and said she
Wed on her property, was placed at the her on a charge of
irking a most outrageous attack upon Mrs. Grim in the
outer office, and tearing her bonnet to pieces.
Mrs. Grim+ deposed to the gross assault upon her by the
prisoner, who she said she understood to be the wife of the
youth in the last case.
The primmer was convicted in the penalty of 21., or 20
days, for the assault, and 7s. fist., or 10 days, for the wilful
damage.
Both were committed to prison in default of payment.

lIAMMERSMITII.
Harriet Augusta Houton alias Mrs. /larger, of Norland
Nursery, Nutting-bin, Kensington, lodging house keeper,
was brought up for re-examination, charged with stealing
six 51. Dank of England notes, the property of Mr. John
Durant, a solicitor, of Poole, in Doreetshire, but lately re-
siding at 3, Clareudon-terrace, Kensington-park
Harriet Augusta Heaton, alias Harper, aged 17 yeses,
was also further examined on the charge of passing one of
the notes, at the time well knowing it to be stolen.
On the 3rd of December last the prosecutor engaged fur-
nished apartments at the house of the prisoner. lle, not
partaking of his meals at his lodgings, was absent during
the day. When ho returned home on Monday night, the
Bth of the same month, he noticed • key lying upon the
table, which he, at the time, thought belonged to his trunk.
He was rather surprised at the circumstance, as he believed
the key of his trunk was upon the ring of his bunch of
boys. While he was thinking about the matter the pvi-
sosier'• servant entered his room and asked him if all has
things were safe. He inquired of her the reason for sells
cog such a strange question, and she replied that she k
hand a kcy in his room ; the children had been in and ma
of the room during the day, and that she was going to risk
her situation on the morrow, and that she did not wish ti
leave with • stain upon her character. The prosecutor Nal
he did ma min any of his property, and upon taking eat
his keys he found them all perfect. lie unlpeked Me trunk
mac qua examining the pocket he instantly dissoaired that
as Of Hoak of England notes had beta stoles. The key
the prosecutor found lyieg upon the table also openedlth
trunk, and the wards were similar to his own. TIIII kfa
appeared to be a new one.
The prosecutor added that when he discovered the less
of his note, he called up Mn. Harper, and she stated that
she had been fearful that something of the kind had *s-
carred, as her son, who had previously robbed her of W._ ,
had been in the house. He had since gone away, lie tab
not know where. Witness was very much surprised at lase
allowing • thief to be in the house, when his property was
exposed, and said he should look to her for the mosey. He
gave information of his loss to the police, and told dm pet-
eoner that she ought to make an effort to find her sou. Ilbs
said she was a poor woman, and could not do so.
On the first examination Mr. W. Bkelton, a baker, of
Nutting-hill, deposed that he received one of the notes la
part payment of Mrs. Harper's account. The female who
gave him the note wore her veil over her face, and biresald
not tell who she was. She was about the age and figure of
the younger prisoner. In answer to other questions, the
witness said he did not know Mrs. Harper's daughter.
Mr. Drodribb, solicitor, who appeared for the pr sees
lion, prayed for another remand, as he had not bees stile to
trace all the missing notes.
Substantial bail in 4001. haying been put in, the prisons
were immediately liberated.

THE COMMISSION OF LUNACY ON MRS.
CUMMING.

Mr. Berjeant Wilkins resumed his address at the
sitting of the communion yesterday morning, and did not
conclude till.a quarter to five, when the court adjourned.
The learned gentleman's address occupied twelve hours is
tin delivery, and consisted of a minute and searching
analysis of the evidence, which we have already given at
on much length. Ito concluded with a touching appeal to
doejory to And a verdict in favour of his client. Sir F.
Missive is to sossioraos his reply this day.

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