The Express.
London, England, 1855-05-08 00:00:00

THE EXPRESS, TUESDAY EVENING, MAY 8, 1855.

lab 3 3interitcsence,

COURT OF QUERWR BENCH.-MAT 7.
SITTUI A IN IANCO.--1111011.11 '.AID eAmpall,t, AND JOTTIVIII
HAS. rAH, A/O ownarros.
THE HUMS V. THE 7Gr,TICED OF AAAAA XICII

!OUST 01 LAM.
In this am ana • had bees obtained to quash the Wavle-
den of Mn. Mary Wood under the following circumstances.
She had been o",nvietad of having neglected to remove the
snow from h• fore her door before the bout of nine o'clock
in the Ineraing, under a byelaw made by the local Board
"l ra•93'..a of the town in which she resided. The applies-
ti " t.;.. set aside the conviction was based on tho nirvana.
%%nee that" snow " was not one ot the substauces enamfor
e-
lrated in the bye law in queslion, which gave powers
compelling the removal of rubbish, filth, and soil.
Mr. lli,Mahon now showed cause against the role, which
was supported by Mr. Phipson.
Lord Campbell said the Board of Health were not war-
ranted in making the bke law under which this proceeding
was taken, and the magistrates had no power to enforce the
penalty. It might have been expedient that the legislature
should have given power to the Local Lard of Health to
include snow in their bye-law, but the court had no power.
to deal with the expediency of the question, but to put the
proper construction on the statute. They were clearly of
opinion that the bye-law was bad, and therefore the magi-
strates had no power to intct the penalty. The rule must
berefore be made absolute.
The other learned judges encored.
Rule abeolute accordingly.

BAIL COURT.—MAT 7.
Imams 111 iLuco.—zstroas I. JUSTICE COLERIDGE.

-
PAM TM LIONIL BULL'S
Is this este, a charge bad been made by the provost and
fellows of King's College, Camoridge, against the R•v.
Lionel Buller, of having committed perjury and fraud in a
Chancery suit in which that gentlemen had been concerned
'in 1848, and he received • summons to appear litters the
provost and fellows of the college. In accordance with this
summons, Mr. Buller appeared, and demanded an sojourn.
cunt of the case to the 18th of December, 1848. The col-
lege having assented to this, Mr. Buller demanded a further
adjournment to produce witnesses, bat, this bring refused,
he was convicted per evidentiam facti. Before he had an
opportunity of hearing the particulars of the charge, he,
according to his affidavit, was turned oat of the room, sad,
perjury recalled, he was told he had been found guilty of
and fraud, and that he was expelled the college.
Mr. M. Chambers now moved for • rule calling upon the
provost and fellows to show cause why a mandamus shodell
not issue directing them to restore Mr. Buller to his Whew
ship, on the grounds--first, that the inquiry hag bees I
curried on in • manner contrary to the ordinary rube ell
common law, it being carried on in the absence of the patty
L; and, secondly, that he had been convicted upcm •
comparison of statements, said to have been made in two et,
his letters, with statements he had made in his depositions.
Hi■ affidavits further stated that he had not been allowed
to have copies of, or even to see, the letters which had been
read. This case had bees brought before Mr. Jastice
Wightmen, who suggested that Mr. Buller should apply to
the Bishop of Ely, as visitor, but the bishop had confirmed
the decision of the college. A mandamus would not lie to
the visitor, and therefore it was submitted that a mandamus
might issue to the provost and fellows.
Mr. Justice Coleridge said that the visitor baying me-
tired his authority upon matters within his jurisdiction, this
c•'urt had no power to compel him to review his sentence,
however erroneous that sentence might be. 'the court
could only compel the visitor to exercise his authority, but
that having once been exercised, however erroneous that
decision, the court could not interfere. If • party became
a member of a college, he came within the jurisdiction of
the statutes, and put himself voluntarily within • particular
system of law, and he must submit to stand or fall upon the
judgment of the authority within that particular system of
law. It appeared to him the rule could not be granted.
Rule refused.

COURT OF EXCHEQUER.-MAT 7.
troll CUIII SAWN rot.Locic, AND RA/0111 MIN PLAIT,
MAIM/I.

VIAL V. LORD THOMAS CLINTON.
This was an action tried before Mr. Baron Alderson at
the sittings at Westminster, during the present term, in
which a verdict was found for the plaintiff, damages 18
guineas. Mr. Bramwell now mused for a rule nisi for a
new trial, on leave reserved.
The defendant was a shareholder in a mine worked upon
the cost book principle, and was sought to be made liable
in the present action, under the following circumstances:—
The plaintiff had been employed on the mine, and three
month.' salary was due. He was hired by one Curtis, the
secretary to the mine, but who had no authority to hire.
According to the rules with reference to the cost-book prin-
ciple, no business could he dcne, beyond mere routine
business, that had not been authorised by the directors. In
the present case, the mine seemed to have been worked by
one Sedgwicke, and Curtis had on one occasion the autho-
rity of two director. to" go down and look about him." On
that occasion he hired the plaintiff. At the trial the learned
judge expressed an opinion shot the authority of tw• direc-
tors was not sufficient, but suggested that probably it was
ratified subsequently by a third party. A Mr. Yell was then
put into the box, who stated that he bad, upon the matter
being explained to him, given a verbal ratification. The
verdict having gone for the plaintiff, a rale nisi was now
granted, to show cause for setting it aside.

hole Into the peeked ise • Ilsenehe mice was passing along, and
take out some halfpence, whils fell to the ground. The
female said she had lost the wing. bat refused to attend to
prosecute, or to appear to ellffighiel. sal the prisoner made
a desperate resistance, and ide the Wiser in the arm.
The Prisoner-4 am Warmest, end I did not like to be
taken to prisua for nothing, and I therefore used ray teeth
to get away.
Committed hit throe months.
CLBRILICNWELL.
William Martin, refiner, and Thomas Close, refiner,
of 46, St. John-street, Clerkenwell, TATO charged laden
Mr. Corrie, for conspiring, with others neat in custody, in
ab.oihing 621. 6s. under the folloreiog eircumitances :
/dr. 11. B. Wskeling, elan conducted the prosecution,
ata'ed that, from the facts that would be explained ty the
evidence, &most extensive system of fraud had been for
some time practice:, if not by the prisoners, by other par-
ties, on the gold and silver refiners, not alone of Clarkin-
well, but of every part of the metropolis.
Mr. William Frederick Aland said-1 am a partner in the
firm of Abed and Co., of No. 1, St. James's-street, Clerken-
well, gold and silver refiners. On Saturday afternoon,
' between four and five ,a'cloele, a person called and oflered
the bar of gold and silver produced for sale; he et the same
ffinte handed me the following assay note :
Mr. Anderson. May 6, 1855.
Parting Assay.
Oz. d. g.
F.G. 2 6 6
F.S. 7 312
and palladium, in pound troy.
(The only certificate of the assay having been made was
an oval stamp, in blue isk, having Johnson and /Jamey in
centre, and around," Assay•cafice, Hatton-garden.")
Mr.,Abassay, and od continuweighed it, and ged—l reckoned up
ave him a its value accordin
chequg
to the e
on the London and Westminster Bank, at Lothbury, for
421. 6.., and 20 sovereigns, in all 821. 6s. When my
brother came in at 6 o'clock 1 showed him the bar, and
from what be thought of the matter I went to 29, Skinner-
street, Clerkenwell, the address the party gave me. When'
I inquired there Mr. Anderson was nut known. This morn-
ing (Monday), when my brother came to town at 8 o'eloek,
I mentioned the circumstance to him, and then we had the
bar cut across the lentre, and found that the centre
was composed of copper, having a casing averaging a quarter
of an inch in thickness. The assay bad evidently been made,
for a piece was chipped off from one of the corners. The
mess weighed hlbs.
Mr. Conic, alter inspecting. the bar, said—lt is really a
clever way of doing business; in future, I presume, it would
be as well to assay hom the centre. (Laughter.)
Mr. Abud—We shall leek to that in future. When we I
found we had been cheated, we at once sent to the back, to
atop the payment of the cheque. That led to the arrest of
the prisoner Martin.
John Spittle, City detective, said—From information I re-
ceived, accompanied by a brother officer, I went to the Loll-
don and Westminster Bank in Lothbury. After waiting in a
private room I was told that a party had presented the
stopped cheque. I went to the taunter, and 1. asked the pri-
soner Martin where he got the cheque be had presented, and
which had been handed to me by one of the clerks. lie
admitted that he had presented it, and he said, " I got it
from my muter," at the same time hsndieg me a card
bearing the name, "T. Grove, gold and silver refiner and
sweep washer, 46, St. Jehn-street, Clerkenwell. Melting
for the trade." I asked him when he received it from his
w.asier, and he said .. Last Saturday night ;" but, commis's
himself, " Tbe last time this morning. 1 then told him
that the cheque had been obtained by fraud, and that he
taut go with me to Messrs. Abud's. When we gut into
the street another man was waiting for prisoner, and we all
got into a cab. On our way, I told the prisoner that a
false bar of Paver and gold had been sold to
Messrs. Aland on the Saturday evening, when he at
eace said, .. I have a bar now in my pocket,
that I tri, d to sell to the Messrs. Collins, of Jewin.street,
this morning ; they, however, refused to parches.) it units.;
' they were allowed to way it themselves, but as I had re-
ceived instructions from my ma ter not to leave it without
receiving the money, I brought it away again." I left the
prisoner et Messrs. Abud's, and rroereded to Grove's resi-
dence. lie was within, and I asked him if he had sent any
person to change a cheque that morning? He replied,
"Yee, and I took it in fieriness." I took him to Messrs.
Abud'e, and he denied all knowledge of the bar sold to

them.
Prisoner Grove—l am a refiner myself, and have been
tricked in the same way.
Mr. Conic—But bow do you acoount for the possession of
the cheque?
Grove—On Saturday evening, at six o'clock, a man came
to my shop and bought Sox 2dwts. of fine gold, and gave me
the cheque in payment.
Spittle—At Messrs. Abud's I showed the second bat, that
Martin had handed me, to Grove, and asked him if it belonged
to him? lie said, "Yes."
Grove—That is true ; the same man called after be
bought the fine gold, and sold me the silver bar. I bought
it at 4s. 10/. per ounce, and it weighed 63 ins. 2 dwts.
James Brett, City detective, said—l was present during the
whole of the conversation between the prisoner Martin aid
Spittle, and saw him produce the second bar from his left-
band trousers pocket. At the station-house I searched him,
and found on him an assay note in the same handwriting
as the first, having on it the name " Mr. Anderson ; silver
assay; weight silbs.," with the sump of the lame assay
office, and also toe same date, May 6. He at the same time
geld that be saw bis master leave the shop on Saturday
afternoon with a bar.
Grove—That is false.
Prisoner Martin—l know nothing of the matter. Mr.
Grove is my master, and be sent me this morning to sell
the bar of silver to Messrs. Collins' and to get the cheque
changed. I acted as servant in the affair.
Mr. Corrie—But how do you czplzin having the cheque
on Sstnrday night?
Martin—On Saturday evening a person named Ashley
called at the shop, and m master gave me the cheque, and
told me to go with Ashley to Debenhem and Stores, in
Ming-street, Covent-garden, to pay for some watches and
*baba whica bad been bought there. I gave the cheque,
bet they refused to take it, and I gave it again to my
Maar. lie handed it to me again this morning, to take it
to the bank.
Mr. Corris—Well, that explains the =pansy of your
counter statement at first. Mr. Wakeling, whist do you