The Press.
London, England, 1857-04-11 00:00:00

artlalo.

A VERY IMPORTANT DECISION was given on Monday
by the Court of Exchequer Chamber on the trial of
" Errington v. Rorke," an Encumbered Estates Court
case. The plaintiff had purchased from the En-
cumbered Estates Commissioners the conveyance of
a certain property. A portion of this was held
under a prior lease by Mr. ltorke. The question,
consequently, was whether the parliamentary con-
veyance gave an indefeasible title, when the com-
missioners professed to convey the land of one
person, which, in reality, was the property of
another. The case came before the Exchequer
Chamber judges on Monday, by writ of error from
the Court of Queen's Bench, where two judges held
the title not indefeasible, and one, Mr. Justice
Crampton, decided that the conveyance was irre•
vocable, eve►t where a mistake as to ownership had
been made. The question was reargued at great
length. The judges pronounced their opinions
separately. By a large majority the court concluded
that the judgment of the Queen's Bench should be
overruled, and that a title granted by the Commis.
sioners of the Encumbered Estates Cour', was in
every circumstance indefeasible. Baron Greene
said that it was the object of the Legislature to
e.tablish a tribunal whose acts should be inde-
feasible,even at the risk of working possible injustice
in one case; and that it would defeat the policy of
the act to impeach the title of a purchaser to whom
the commissioners had by mistake co iveved another
man's property. Judge Jackson concurred with
Baron Greene. Judge Ball was of opinion thief,
the policy of the act should be held pre-eminent, and
that it the interests—( which means the property)—of a
lessee should, as in the present instatioe, be found irrecon•
citable with the right of a purchaser, the latter should have
the preference, and the property be conveyed to him in its
integrity.
Baron Richarls, who had himself been Chief Com-
missioner, said that
the commissioners, with all their caution, might err,
and whenever there was au error one innocent party should
suffer.

THE TRIAL Or ALUM, the llong Kong baker, for
poisoning his bread with arsenic, is one of some
little interest. It will be remembered that Alum was
reported to have poisoned his bread on the morning
of the 15th of January, and to have fled with all his
property to Macao, where he was overtaken and
captured, before he bad time to land, by the Hong
Kong police, who bad followed in a swift steamer.
The two points to be satisfactorily proved were-Ist,
was any arsenic mixed in the bread ; and, 2nd, if so,
was Alum guilty either as principal or accessory?
Assuming the fact that the bread was really poisoned
—for the evidence on this point was by no means
satisfactory—the main question remained, was Alum
the poisoner? From the voluminous evidence ad-
duced on the occasion, it appears that upon the very
day before the poisoning he bad accepted large con-
tracts from the British and American commissariats,
that he bad made extensive purchases in flour, that
large sums of money were owing to him, and, finally,
that, so far from flying to Macao, it was clearly proved
that he had determined upon not even landing at
Macao, that the vessel in which he had taken his
passage lay there fur some hours, that he made
no attempt to go on shore, and for this conclusive
reason, that, having taken some of his own latest
baked bread on board with him, he and his wife
and children suffered such severe sickness that
he determined at once to return to Hong Kong to
investigate the cause. He even offered 100 dollars
to the captain of the Shamrock to return that afternoon.
So clear was the evidence in Alum's favour, that the
jury, by a majority of five to one, after a brief
absence, returned a verdict of "Not Guilty." On
leaving court, Alum and his men were immediately
arrested, by order of Sir John Bowring, and Impri-
soned, for what reason has not appeared. The
justices and residents had petitioned against this re•
imprisonment after acquittal, and suggested their de-
portation if suspected,

THE PRESS.

gjilitarg nttiligtnce.

LIEUTENANT. GENERAL THE HON. T. AsnnunNitim,
C. 8., appointed to the command of the military force
about to be despatched to the seat of war in China,
left town, accompanied by several military otlicers,
on Saturday evaning for Alexandria, via Paris and
Marseilles, on his way to Hong Kong, to assume the
command-in-chief of the land operations.
COLONEL SYMMONB, C. 8., British Commissioner for
the settlement of the Turco Russian frontiers in
Asia, left Paris on Saturday for Marseilles, on his
way to Constantinople and Erzeroum.
THE APPOINTMENT of Major of the Tower of Lon-
don, vacant by the demise of Major Elrington, has
been conferred by Viscount Combermere on Colonel
Whimper, a meritorious soldier, who, in consequence
of severe wounds received at the battle of the Alma,
has been rendered unequal to active service.

IT IS HER MAJESTY'S INTENTION, we have reason to
believe, to distribute the Victoria Cross in person to
those appointed to receive the decoration, of which
due notice will be given by the authorities at the
War Department and Admiralty. _ .

SoME EXPERIMENTS on an extensive and interest-
ing scale were performed on Saturday at Woolwich-
marsh, with the scantling of a 30-gun frigate, erected
for the purpose of testing Martin's shells (contain-
ing a charge of 281bs. of molten iron) in the destruc-
tion of ships of war. The point of attack showed a
perfect broadside, resembling a ship at sea, into
which a number of shells and red-hot shot were alter-
nately projected, over various ranges varying from
1,200 to 400 yards, giving ample time between each
discharge to observe the effect. It was remarked
that the ignition produced by the liquid iron was
considerably more speedy and effectual than by the
agency of the red-hot shot. The time reouired to
dissolve the metal, and the means now employed to
effect the purpose, are more available than those
necessary for heating shot, and the advantage was,
therefore, pronounced t,) be in favour of Martin's
shells.

H.M.S. Transit, of naval review notoriety, left
Spithead on the afternoon of the 7th with eight
hundred troops on board fi.r Hong Kong. A heavy
fog came on soon after, and the commander, doubtful
of his course through the Needles, anchored in five
fathoms otf Hurst Castle. In the night, with change
of tide, the ship was allowed to swing over her
anchor, drove a hole in her bow, and by the morning
had five; feet water in the hold. The commander,
finding the leak gain on the pumps, steered at once
for Portsmouth, and ran into harbour in a sinking
state. The uoops were at once disembarked, the
ship taken into dock, and an official inquiry ordered
to be held upon the cause of the accident.
THE GUNBOAT FLOTiLLA at Portsmouth is being
hastened forward with all speed for servioe in the
China seas.

AT CHATHAM a great deal of activity prevails in
consequence of an under which has been given by
the Admiralty to complete those steam screw cor-
vettes and vessels now constructing with all despatch.
The vessels now in progress at this dockyard give an
aggregate of •O,IXIO tons.

SATURDAY,

The trial was long, lasting two days, and involved a
huge amount of " treacherous memory " on one side
or the other. The jury returned a verdict for the
Abbe, with 5001. damages :

Mr. KE trrtio said that as it was proved that the docu-
ment was last seen in the hands of Mr. Wyse in Decem-
ber, 18-17, he hoped his lordship would stay execution, in
order that the defendant might communicate with Mr.
Wyse to see if the paper could be procured.
Mr. HUDDLESTON said the action was commenced in
December last. and there had been plenty of time to coin-
municate with Mr. Wyse at Athens.
Mr. Justice CROWDER thought the application an un-
usual one, but his lordship ultimately stayed execution
till atter the fourth day of Easter Term (this day week).
THOMAS NATION, charged with the barbarous
murder and robbery of one Aplin, at Wiveiiscombe,
particulars of which have already appeared in
THE PRESS, was tried at Taunton last Friday
before Chief Justice Cockburn, found guilty, and
sentenced to death. The evidence of Mr. Herepath
was curious as exhibiting the application of the
powers of science to the detection of crime. Mr.
Herepath stated that on the 31st of December he
received a knife, smaliclothes, black coat, shirt,
waistcoat, and. one legging, smeared with blood !

Minute portions of blood were taken from the knife for
purposes of examination. The blade had been immersed
in living blood up to the hilt. The blood had not
coagulated until it was on the knife. Blood from a human
body would coagulate in about twelve minutes. Could
not say positively from what animal the blood had come.
The globules were the size of those of his own blood and
of other men. Ilad compared them with the blood of the
ox, the sheep, and the pig, and these globules were larger
than those of either of the three animals. The difference
in size was considerable. The inference was that it was
not the blood of either of those three animals. They
approximated nearly to the human blood. There was on
the knife certain scales such as are found in the mucous
membrane of the throat. They are a kind of empty cells.
They were much larger than the globules of the blood,
and were perfectly distinguishable. They were totally
different to those of an animal. From the appearances,
the knife had passed through the mucous membrane
which forms the lining of the throat. There were a few
fibres in the nail notch of the knife. They were fibres of
cotton, and were as if the knife had passed through cotton
twice. They were plainly visible with the microscope.
This witness was cross-examined at great length, but
nothing was elicited to upset or qualify the evidence
he had given.

A DISPUTED CHURCH-RATE CASE was last week
tried at Bishop Auckland Police•court, Durham.
The summons was against Mr. Pease, a Quaker,
and brother to the present member for South
Durham. The defendant's attorney applied to have
the summons dismissed, according to 53 Geo. 111.,
cap. 57, on the ground that the rate was not valid,
the churchwardens having neglected to make an
assessment alter the vestry bad decided to make the
rate. The rate was granted by the vestry on 25th
March, 1h56, and the churchwardens took no steps
in the matter till sth March, 1857, which neglect
defendant maintained constituted a valid objection
to the rate. The bench dismissed the summons.

Mn. J. STAPLETON, M.P., was examined on Wed-
nesday at the usual weekly hearing of the Royal
British Bank case. Mr. Stapleton gave his evidence
frankly. He had been a director since July, 1855,
and had held on to the hank in the hope that it
would recover itself. Upon becoming a director Mr.
Cameron had persuaded him that the batik paid six
per cent. dividend. Though he did not approve
many of the measures adopted by the direction, he
had "held his peace " ; but he refused to sign the
report of the last balance-sheet. He also supported
the appointment of a special committee to investigate
the accounts. Mr. J. Crawford, who prepared this
last balance sheet, frankly admitted that the general
plan of the audit was ", to mislead." Mr. J. Simons
said it wit.s greatly to be regretted that Mr. Cameron
could not appear for examination, owing to ill health,
which had kept him out of the country. He had
been made a scapegoat for the sins of others ; and
he desired to be examined as soon as he should be
able to appear, feeling that he could vindicate him-
self, and throw great light on the transactions of the
bank :

He (Mr. Simons) hoped that his honour would be able
to intimate that Mr. Cameron might give evidence before
him free from the consequences which were likely to
attend his appearance in court, and be in a position to
speak out. Of the ultimate result, Mr. Cameron had no
fear whatever. Possibly the assignees might give some
undertaking in the way of protecting him.
Mr. 'ANIMATER said the assignees were only the ser-
vants of the court, and could not hold themselves respon-
Bible for ulterior steps, whatever these might be.
Mr. J. &moms declared that he did not seek to suggest
a guarantee against criminal proceedings, of which Mr.
Cameron had no fear.

The CommisstosEn said he could give Mr. Citincron nu
further protection than the law gave him.
Mr..l. &mows thought a certain number of days inigitt
be allowed him to instruct his solicitor.

The COMXISSIONER said he could gno directions on
the subject.