The Express.
London, England, 1852-01-21 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JANUARY 21, 1852.

costs. Ido not say that in no ease should a stranger apply
to the court with reference to the proceedings of a charity ;
but it is always a suestion to be considered in dealing with
the petition what s the relation to the Warily io which:a
petitioner stands.
Petition dismissed with costs as to all pasties who bad
been served with it.

COURT OF QUEEN'S BENCH.—YGNTERDAY.
Smlmos ry DANCO.-11twas Lono Nirrszu,, m jirr.
uo Ys. ursTica C.T.pospur.

The wort proceeded to-day with the special paper, but
the only eon of say public interest was that of the Marquis
of Salisbury e. the Great Northern Railway Company,
which was a special can from Chancery, raising the ques-
tion whether a railway company could take possession of
land after the expiration of the pried for which their com-
pulsory powers were fixed by their act, they having given
the landowner notice, but taken no other step.
Mr. Bramwell addressed the court on behalf of the
plsintiff; but the arguments were nut concluded when the
court ruse.

BAIL COURT.—YesTERnAy.
Sirmus iM DANDA—Muroas Jowl!. nut.
RISOISIA V. JORDAN AND OTHURS.—CERTIORAIII.

Mr. Atkinson moved for a writ of certiorari to remove
the trial of the defendants in this ease from the Central Cri-
minal Court into this court. rb. indictment was for con-
spiracy and perjury. The defendants were three—Horn-
age, an attorney ; Kerswell, his clerk ; and Jordan, acting
for Homage. lioniage had brought an action against one
Hawkins, to recover the balance due on an attorney's
bill, to which Hawkins pleaded "never indebted, pay-
ment, and non.delivery of hill." The ease was triei, in
November last, before Mr. Baron Martin, and a
verdict found for the plaintiff upon which the
learned Judge ordered the defendant to be indicted for
perjury, which had been done. The grand jury, however,
ignored the bill, and Hawkins filed • craw indictment
against the present three defendants for conspiracy and
perjury. The admissibility of evidence on two grounds hail
been doubted. Jordan had assisted Homage at Hawkins's
request, but had afterwards been repudiated by Homage,
and subsequently had written letters, some of which were,
and others of which were not, within his province, and it
was contended that letters written by Jordan, an unautho-
fixed person and not an attorney, were nut evidence against
Homage: Again, on inquiry tieing made as to the solvency
of Hawkins, that person swore that he held a bond for
6,0001. front a gentleman, a member of the bar, who was
present and who could have contradicted the statement
and on this arose the second question of admissibility of
evidence.

iustico Erlo—You may take a rule. Each defen-
dant to find security, Matadi' in 1001., and two securities in
601. each.

Application granted.

COURT OFEXCHEQUER.-YESTERDAY.

15MTIMM IM BAMOO.—DIMMMS TIM lon CHIYI IMIWP' Ma Warn
Nix; UN. HAWN Ammon., Aso MR. BALM run.
MILLXR P. SALOROXS.

At the sitting of the court this morning Sir I. Kelly ap.
plied to hare the bearing of the arguments in this case
postponed until the end of nest week.
The Court said it would be inconvenient to postpone the
case for so loug a time, and it was ultimately agreed that it
should be taken on Monday nest.
The case of 4' Wallington v. Dale," which was an action
for the alleged infringement of a patent of gelatine and
isinglass, occupied the court during the entire day, but the
arguments were of interest only to the parties concerned.

OS the prosecutor, who was an acquaintance, and told him
he bad obtained the patronage of a gentleman who had
lately aouse in to between 3.0001. and 4,0001., and who
wished to take some lessons in the art of self-defence. As
the gentleman would pay liberally for accommodation and
order a bottle of wine at each lesson, it might be worth the
gommutor's while to Had them a room. Prosecutor sgreed
W do so, and the prisoner and the gentleman came
and had • sparring bout. At the second or third
visit the seeds:nee brought two friends, and
while the sparring lemon went on • challenge
was given to one of the friends to tight, with the gloves,
the prisoner, for 10/. to 301. The friend asked prosecutor to
put down the money fur him. The prosecutor did so, and
the match was made. All parties adjourned to a public-
house in Cumberland-market, where there was a tarp

room. The fight commenced, and before it was concluded
prosecutor was induced to put down 24/. 104. more, mak-
ing in all 311. Mi., for the friend who was glove-fighting
with the prisoner. The money was taken up by the other
friend. The prosecutor seeing that the combatant. were
only shamming and fouling, demanded the return of his
money, on the plea that the whole affair was a robbery. '
Ile was threatened with chastisement by some of the party,
but he would not give up his demand, and after following
the party into a public-house in Lamb's Conduit-street, and
seeing 111(111 leave him one after the other, he prevented the
prisoner from following the same road, by giving him into'
custody.
The defence set up was, that the prosecutor betted on
his own account, and that he lost the money fairly.
Remanded till Saturday.
John Biwa, Michael Foy, and Joseph Massey were
brought up fur hull reanimation, charged with having,
committed a burglary in Man.liall-street and stolen a quan-
tity of watches, two M. bank-note., and other property.
John Metcalfe, the prosecutor, a watchmaker, No. 29,
Marshall-street, Guldenotquare, proved that his house WOO
robbed on Sunday torthight of eight watches, one gold case,
two gold lockets, and other jewellery, two 51. notes, and
fit lOs. in gold. Entrance bad been effected by cutting
through a panel in the shop door. The property was safe
at ta dye the precious night. After the apprehen.ion of
the prisonen prosecutor went to the flown of Detention
and saw Biggs (his brother-in-law). Biggs admitted the
rubbery, and said the property had been sold to a person in
l'arker-street for 201.

John Munro stated that otter the robbery Foy told him
he had been to a watchmaker's shop the night before; that
Massey opened the street door and they went in and con-
cealed themselves in a coal-cellar, and waited for about
three hours until the people were in bed Biggs then went
up stain to the shop door but found it fastened. Massey
forced the panel out with a chisel. 'fhe bolt inside was then
withdrawn, and admittance gained into the shop. Biggs
went behind the counter, and handed the things out.
Afterwards they went to their lodgings in Carrier-street,
and employed a man to try to sell the property. The man
could not effect a sale, but ultimately all the property, ex-
cept two watches, which were given to Foy's mother to
take care of, was sold.
Hugh Moon said Foy sent for him to the House of De-
tention, and asked him to take a message to his mother, in
Ham-yard, to put the two watches out of the way. Foy
said nothing but money was found upon him, so they
could not do anything except perhaps give him six months
on suspicion. 'Witness afterw.ads saw Massey, and Mangy
told him to tell Mrs. Foy to sell the watches, in order to
obtain funds with which to fee counsel.

l'olice-constable Swanson, C 62, apprehended Foy, who
denied all knowledge of the robbery. Upwards of 5/. were
found upon him. On the same night apprehended Massey,
who had a new suit on him. Witness hail previously seen
all the prisoners together in Wardour-street, dressed very
shabbily.
Police-ronstable R 311, said lie apprehended the pri-
soner Biggs at Grienwich. Biggs denied the robbery,
and said he had been at Maidstone fourteen weeks, and
had only arrived the night before. Biggs said his name
was Watkins.

Biggs declined to make any defence.
Massey suid Munro came to him, and uked him to say
he gate Mrs. Foy the gold watch.
Foy said the elder Munro cam to him, and told him if
he would tell about the watch and things he would do
what ho could fur him. Idunro promised to got him a
counsel.

The prilioners were fully committed.
A ladylcut 21. per blown. Drummond' and Cu. for the
poor-boa. .

LAM BETH.

George Renemitsgton,Te;;;;;leof the l' or Walworth
division of police, attended before the lion. G. C. Norton,
by order of the Commissioners, to answer to the charge of
opening a safe in the area of Mr. Thomas John Sealmieke,
of No. 7. Lacy-terrace, Penton-place, Walworth, on the
night of Sunday, the 4th inst., and then and there stealing
and eating part of a cold rabbit pie.
The particulars of this charge were recounted in the
Express of this day week, upon the first application of
the complainant. The defendant now arraigned was the
constable on duty in Lacy-terrace on the night in question,
and prosecutor said he had no moral doubt that he was the
guilty party. Still he could not swear to that fact, and his
suspicions had, moreover, indicated a different party at an
earlier stage of the investigation. Under these circum-
stances the good character to which the defendant was able
to appeal was allowed to weigh, and he was discharged.
A neighbour of complainant depute! to having seen from
her window the invasion of the area by a man in police
uniform.

Mr. Norton remarked that one thing was quit( clear,
and that was that it was a police-constable who had been
guilty of this mean and contemptible conduct, but At the
same time he thought it would be very wrong to attach the
guilt to the defendant or the other man. lie regretted
very much that the guilt had not been brought home to
the proper party, that they might be properly' punished,
and the innocent not be compelled to suffer the odium of
the offence.