The Express.
London, England, 1864-04-22 00:00:00

LAW INTELLIGENCE

(THIS DAY.)

COURT OF COMMON PLEAS.
SiWay id Boaeo.—mare Lord Chief Joatice Ede, ►nd
Justices Williams, Willer, add Keatiog.
TODIZ T. TRH QIIIIX.7IJSZTZUCTION QE ♦ SUPPOSED

star=
This wee • proceeding by petition of right, the sup-
plest claiming to recover against the crown the loss
which he had sustaieed in consequence of the de.
@traction of • ship of his upon the coast of Afric.,
by Captain Sholto Douglas, of her Majesty's ship Espuir.
m• vessel had been destroyed in the belief that
she wee engaged in the slave trade, but the suppliant'. case
was that this was a mistake, and that the vessel had been
employed only in legitimate traffic. The case was argued
in Hilary Term upon demurrer, the question raised being
whether there was any ground for sustaining a prooeediog by
petition of right, or whether the only liability, if auy,
rested upon Captain Douglas. The zourt now gave judgment.
The Lord Chief Justice said that the statement in the
petition of right showed a wrong for which an action would
lie against Captain Douglas, but it did not show a con.-
, plaint for which • petition of right could be had agamst
the Quell, and for supporting this decision the court relied
upon threw grounds—best, that Captain Dougles was sect,
in seizing the vessel, acting in obedience to the COTllloackl
her Majesty, but in supposed obedience to a duty itune*.l
upon him by an act of parliament, seeing that if it were
assumed that he was acting under the Queen when engaged
in seizing slave traders; yet that he was not acting upou bas
supposed authority when seizing • vessel which was not in
fact engaged in the slave trade, and third, that a poi it me of
right could not be maintained to recover unliquidated di.
magas for a trespass. As to the first ground, if the r,-;e;
had been lawfully seized, Capt. Douglas would have per•
formed a duty rest upon him by as Act of C.,.irge I V.,
which 'loads that vessels engaged in the slaye trade
should he seized by commanders of the ships of has Majesty,
and though it might be taken for granted that the captain
was appointed to his ship by the crown, and was eioelo'
by the crown, still the court thought that his duty in s'ela•
tion to the slave trade was not created by command of
the Queen. Slave ships were not seized to make them the
property of the crown, but the captor, wets
bound to seU them if they should be coodemoid,
and it was not until after this that the interest
of the crown in the produce of the sale would commemo
according to the statute. Upon the second point. Capt,ie
Douglas in seizing a wrong vessel, would not be acting
within the scope of his authority so as to make his principd
liable for the wrong. When the Secretary of State hetet!
his warrant to apprehend the author of the N.,rr4 I c'.,,,,
and • wrong person was apprehended, it was held 'hat the
officer was liable. because in what he had done he had
not acted in obedience to the warrant. His lordship, after
reviewing • number of cases in reference to master and
servant, said upon this review the come were of opinion
that the supposed analogy between the relations of the
Queen end a captain in the navy, and those of master and
servant felled. The Queen did not appoint a captain he
her own mere will, as • master did his servant, the will ”1
the Queen did not control him in his movements, but a
seem of professional duty ; and in this case the act was tot
done by order of the Queen, but in a mistake of • sun.
posed duty. As to the third point, the complaint woe i
reference to • wrong done in destroying a ship; and damages
were claimed the same as if an action had been brought
against • trespasser. Now, the sovereign could not commit
any wrong, and therefore could not be called upon to pay
damages for a wrong of which she could not he guilty. The
maxim that the king could do no wrong was true in this
sense—that be could not be sued civilly or criminally
for • supposed wrong; that which he did personally
the law supposed not to be wrong, and that which
was done by his servants unlawfully was held
to be done without command, and therefore the
servants were responsible. lo support of this view his
lordship quoted pewees from Lord Hale, Coke, and Brae.
ton, and proceeded to refer to numerous authorities in re-
ference to petitions of right, pioneers's' de droll, and tra-
verses of office found. It seemed that there were annoy
instances of petitioes of right in respect of property wrong.
folly taken, or withheld from • subject by the crown ' • but
there was no instance of • proceeding for • supposed
wrong done by the crown ; and this negative evidence
was very strong, because there must have been many in.
stances where wrong was believed to have been sufferedat
the seizure of the estates of outlaws and property of per.
sons dying without heir. If proceedings could be coin-
in thoed by • subject for • supposed wroog, civil or military,
suffered in any reign, the COollenplinidle would be extremely
pernicious. For these reasons the judgment would be for
the Crown on all the three grounds.
Judgment for the Crown.

COURT OF EXCHEQUER.
Sittings in Banco.--(Befor• Lord Chiet Baron Pollock, and
Barons Bramwell and Pigott.)
- . lilliZAT O. THOMPISON.

This was an action teed at Liverpool,before Mr. Justice
Willis, in which the verdict pawed for the defendant. The
plaintiff had purchased from the defendant &small picture,
represented to be a genuine Turner, and the only
question was whether the defendant gave a wamntr,
the painting having eubeequently turned out not to be the
production of that artist.
The Lord Chief Baron said this morning that the court,
having consulted Mr. Justice Willes were of opinion that
there should he no rule for • new trial.
Rule refused.
COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
WILLIAMS r. HZ:MIT.

In this will caw which occupied the court the whole of
yesterday, his lordship, after hearing Mr. Dowdeasrell on
the part of the defendants, said he would consult the teamed
judge who tried the issues, Mr. Baron Pigott, with regard
to postbag a rule nisi for a new trial, and would postpoas
his dociaion on the question of costa.

COURT OF BANKRUPTCY.
(More Mr. Cosunitriaeor Goa Mara.)
ng Si ruccza.—CHASOZ 01 MISDENRADIOCII.

The brokTuptiothia nee, Francis Tucker, was a
bill-broker, of Old Brced•street. He passed hie e.uminatiou
on amounts, showing liabilities of 4,2464., with sada of 2001,
property held as security, 24211. Oa his application for
order of discharge, it was intimated, ca behalf of Messrs.
Shoolbred, that they meant to charge the bankrupt, under
the 159th section, with "acts amounting to • misde-
meanour." The order of discharge was accordingly ad-
journed, and to-day was appointed for the trial of the
bankrupt.
The proceeding is under the 159th section of the new act,
the terms of which are as follows :—" If, on the hearing
of any application for en order of discharge, the assignees
of any creditor shall allege, and if, with or without such
allegation the court shall be of opinion that there is
monad for charging the bankrupt with actions or
conduct amounting to a misdemeanour under this
act, the court shall, if the bankrupt commit thereto,
direct a dear statement in writing of the charge to
be delivered to the baskrupt, and shall appoint a day for
trying the bankrupt an such charge, and if the bankrupt re-
quire it, shell summon a jury for such purpose, and may
direct the creditors' aasignee, or the official assignee, or any
of the creditors of the bankrupt, to act m promoter oa
such trial. . , If, on such trial by a jury or by the commis-
sioner alms, the Makrupt shall be convicted of any offence
by this act made a miodemeaeour, the commissioner shall,
in addition to the punishment awarded for the off epee, have
power to direct that the order of discharge be either wholly
refused or suspended during such time and upon such coo-
dittoes es be shall think fit." _ _ _

Mr. & Griffiths appeared for the prosecution; Mr. E.
Reed for the waives* ; and Mr. Serjeant Atkinson Lod Mr.
/trough for the bankropt.
N the interval winos the " elsar statement of the change
in writiog" had been delivered to the bankrupt, a role nisi
had been obtained by the prosecution, asking to be allowed
to awed thaw charges; and this rale first mono on for

argument.
Mr. Serjeant Atkinson submitted that the court had no
power, wider the 159th section, to allow the diary lobe
amended. It was in the nature Cl a criminal indictment in
which them was no power of amendment after it was found.
Knowing the importance of the inquiry he had gone care-
fully through the charges, and found them most confused
and entangled.
His amour observed that there were two questions,
whether the court had power to mead, and whether it was
expedient to do so.
Mr. Serjeant Atkinson further contended that as the pro-
secutor was bound to deliver to the bankrupt a clear state-
ment Cl the charge in writing, no amendment could be
allowed ; otherwise they might go on mood* from
day to day, and thus the bankrupt would beembarrassed in
his &limos.

illsilosour was isclined to the opioion that the court
had the power to amend, but the question remained whether
I it would be expedient or fair to the bankrupt to do so; ad
that would depend upon the affidavits.
Mr. Berjeasit Itkinam said they had had no notice or
copy of the affidavit's.
Mr. Griffiths said that they were glad with the proceed*
Ilia Honour said it was necemary that the affidavits
should be Bled tour clear days before the case *WO for argu-
ment, and notice given to the parties affected.
Mr. Griffiths said that they had been filed on Saturdaybat.

Hi Houma said there mast be as affidavit of the four
days' notice and service.
Mr. Griffiths said there was no ouch affidavit on the pro-
oundisp.
His Bomar said it would then be a question whether the
ride should be discharged, or ealarged. He would only
adapts it on payment of all the costa by the prcescotor.
It was lemarkable how frequeatly the rules of the beech
were violated or seglested in res to matters of *once sad
affidavits. The rule would he tirged on all the costa befog
paid after being taxed by the master.
Mr. Griffiths asked that the question of costs should be
reserved.

Hr Honour oould not aosenot to this. These repented
adjeuremeste siiiht work mat injury to the benkrupX
Mr. Griftiths rend noose, than be fixed with those costa
he would sheikdom the rule.

HI Honour maid in that caw he should diecharp the
rale with eats.

Mr. Griffiths would then prefer to take an enlargement
of the rule, on the terms first mantiosed by hie Honour.

Yr. Serjeant Atkinson—Asa trial ie &leo axed for to-day,
that will be adjouroed se a matter of course.
The Commissioner—Of coarse. The costa of and oeoneloned
yr the trial being postponed will bin the discretion of the
(Luc at s subsequent sitting.
(Before Mr. Commissioner Yes(.)

rt. RI T. COWHAND.
The bankrupt was a draper, of Regeetatreet. Fall
&wits of the ease were receatly published, on the oesesion
of the, ividend aittion. Thil wait the sitting for enanainatios
and d;schsrge ; bat the accounts not being filed an adjoara-
mot vu ordered.

THE POLICE COURTS.
(THIS DAY.)

ROW-STREET.
A DISCRIMINATIXO PICKPOCEST.

n Edge and George Pinckney were brought up on
1,01,1.1 charged with @Waling a watch from a gentleman in
she ave..' assembled in the btraud to witness the progress
of general Ganbal4i to the City on Wednesday.
,erge.int Ackrill, of the F division, deposed that on
{T eloe.laT afternoon, shut half past 1 o'clock. he was on
,tt ID the Strand, when he saw the prisoners is the crowd.
Be. them—not from any previous knowledge of
their character, but from their couduct. He saw them
taking very curiously at the watch-guards of gentlemen in
the crowd. Ile followed them to Temple-bee, watching them
timely. As General Garibaldi was pacing through the
'welt'. the prisooers took up their position beside the
prosecutor, whose attention was quite taken up in observing
the general as the latter, at that moment, rose from his
eat and bowed to the people. Edge seized the prosecutor's
ouch and surto:bed it from the guard, Pinckney cover-
ing him. The bow of the watch being unusually strong,
04„ bad groat difficulty in breaking it,—to accomplish
lA,', he had to use both ham's. Witness seized upon
Edge, asst delved Lauren... 9, F 97, to take Pinckney io ens-
sody. Elsie, on boding himself in the hands of the police,
st once dropped the watch on the footway, but witness,
pclad it up. Pinckney wade desperateefforts to escape,
and struck Laurence several times. The crowd was so
dense. sod the pressure so much increased by companion. of
the pi,,oners surrounding them and hustling the police, that
it es found necessary to obtain the aid of the horse
patrol to clear • way for the officers to remove the pri-
soners.
Laurence confirmed the statement of Aclrrill. and stated
that he had been severely kiek,d and knocked about,
and bad lost his hat, Oa his 'meta the station-house Pinck-
ney threw away a watch, which was picked up by some per-
soa in the croad.
hit. yrau,;i, Vidori, of the Royal Italian Opera. Covent-
garden, identried the watch produced by Ack: ill as being his
property. woe not aware that he had been robbed till
the offic,r sio.ke to him.
The prisoners both expressed • wish that the magistrate
should deal with the case, but both declared that they were
pot guilty.
hit. Henry said if they were cot guilty they must he
glowed the opportunity of clearing themselves before • jury.
It vu only in the event of their pleading guilty that he hail
power to deal with the OW.
Pinckney said he would not mind pleading guilty if the
magistrate would dispose of it.
Mr. Henry could make no bargain about it. He must
Ent have inquiry made as to their character. If they were
known be should send them for trial. But if there was
'alls; against them he might perhaps accept their plea of
guilty, and deal with the case summarily.
Pinckney—OM that is no good. I don't want any in-
quiry. If you are going to do that I shall not plead guilty.
If I plead guilty here I shall get six months, and if I go for
trial, and have somebody to speak for me, perhaps I shall
get off altogether. So I shall take my chance.
The prisoners were committed for triaL
MARLBOROUGH-STREET.
a ROT CHARGED WITH CAUSING THE DEATH OF ANOTHER

BOY.
pion, a boy about 12 years of age. living at No.
Princes.street, Leicester-square. was charged before
Mr. Knox with causing the death of another boy, named
John Renry Carter.
Alfred (Wont a lad livin- at Inn. Rupert street, Hay-
market. said—On Tuesday, the 12th of this month, I wee
in the stable at the hack of Rupert-street, and the two
boys, Carter and Simpson, were there. They were larking
and calling each other names. Simpson called Cuter a name
be did not like, and then they quarrelled. They were quiet
for a little while, sod then began quarrelling stain.
Cuter had a pitchfork in his hand, going to put some mesh
straw in the stalls, and he threw the fork at Simpson,
the handle being towards Simpson. Simpson then took op
the fork and threw it at Carter, the handle towards Carter.
The fork fell abort, with the prongs upwards, and Carter,
who had ducked to avoid it, ruse up, and in doing so came
in contact with the fork, one of the prongs entering his
head behind the ear. Directly after Carter said. " Alf,
am blind." at the same time putting his band to his heed.
I then put my hand to Carter's head and found it was
covered with blood. I took Carter to Mr. Harris, a
surgeon. anal he dressed the wound. I then took Carter to
my father's in Rupert-street, and afterwards home to his
aunt's, 4, Dutour's.olace. Last Sunday I went to the Middle-
sex Hospital, and ea+ Carter again, and he shook hands
with me, and wished me "Good bye."
Mary Ann Hughes. of 4, Dufour's-place. aunt of the de-
ceued boy, said—On coming home on the night of the 12th
instant, my nephew said. "Aunt I'm blind —a boy has
struck me with a fork on the head." On asking whether
it war done spitefully, he said it was. The next day he was
dying, and was taken to the Middlesex Hospital, where be
died on Wednesday last. The prisoner went to the
hospital to an. my nephew, hut I was not present.
Sergeant Wm. Stephens. 11 C—l went, from information
I received, to the Middlesex Hospital, on Sunday night
last, tut the deceased was thee delirious. Last night, at
the request of the last witness, I took the prisoner pinto
custody. The prisoner said that be had called Carter •
nick Dame sod then Carter threw the fork at him and he
picked it up and threw it bank, that the hilt struck the
ground and the fork fell over, and on the deceased, who
bad stooped to avoid it, raising himself, the prow stock
in the beck of the heed.

111for-d.(n4slled) yid— Whoa Carter first threw the
lark it did not strike the prisoner.
Mr. Koos —I shrill remand the boy for • week, but will
tete one bail in 50/. for his re-appearance.

METROPOLITAN BOARD OP WORKS.
(THIS DAY.)

The ordinary weekly meeting of the Metropolitan
Board at Works was held this day, at their officer in Spring-
melons ; Mr. Joint Thwarting in the chair.
The cash statement showed that the balances in the heeds
of the treasurer were—oe current accounts, 124,6821. 125.7 d.;
on deposit accounts, 68,3004 ; and on government Mend-
COS. ti1i,732/. Ms. 7d.

MAINTENANCE OP ROADS IN ISLINGTON AND sr. PANCIAI.

Mr. Savage creosoted a memorial from the pariah of
Islington, and introduced a deputation, the object of which
was to request that the satire control of the sewage,
drainage, paving. lighting, sad maiateaanee of the road
known as Meilen-lane should be gives to either the parish
of Islington or that of St. Parma% sad that the two
parishes should contribute equally towards the expense of
maintaining it.
The deputation having bees board flumes Yr. Leyte*.
the vestry clerk of Islington. the memorial was received.
Mr. Pollard. the clerk to the board. read a memorial from
St. Pancras, salting that the road should be divided into
two cam, each parish taking Gee. Tit* memorial was
received

Toe report of the alreeta committee wee then brought up
recommeediog the divisimi at the road as requested.
The report was ultimately adopted.

1..nel Clarence Paget will move the Navy Esti-
mate' in Committee of Supply on Monday sat

Mr. Ayrton will move, on the 13th of May,
"net the gnat to the King of Greece of an annuity of
4,000/. out of monies belonging to the Ooneolidated fund,
without the sanction of Perliemset, in a violation of the
prinlegee of the Bonin of Commons."
In committee on Customs and Inland Revenue
Bill, Mr. John B. Smith will move, "Tat the duties on
togar be continued in force for one year Nay."

Sir Frederick Heygate in Committee on Trespass
(Ireland) Bill, will move the following clangs, "That the
Period during which pheasants mid partridges cannot be
shot or sold in Ireland be the same as in England."
It is understood that the Postmaster• General
has extended the postal imetract of the Pacific Steam Navi-
gation Company, of Liverpool, for a period of seven years,
datio; from April, 1865. In addition to the payment from
the home government for the minveysesse of the British
mails, the company enjoys postal subsidies from the verities
loul governments along the whole line of coast from Panama
to Valparaiso and Chiloe, for the conveyance of the local

The Papal Government is said to have come to
Inecessful arrangement with a Belgium firm for • loan of
use millions of scudi, an accommodation which will set his
Holiness's finances at we for some little time without nine
*endears on so fluctuating a fund se the Catholic mini-
Litmus, under the &nomination of Peter's pence.
Utherdnetaeoes of religious intolerance have just
wurred in Italy. On the 15th inst. the body of • young
Roam who had died at Leghorn, in the Waldensian faith,
on followed to the grave by a body of the population
timing and booting. At Spoleto, about the same date, a
1'44=4 highly enema by his fellow-citizens, died
without receiving the Sacrament, which the prints refused
N give him bemuse be would sot talcs the oath of &Beeman
t, the Pope on his deathbed ; and at Ancona two canons
f the cathedral refused to hear the confeesioo of the chief
iodge of the city, it is said, for his adhesion to the Italian