The Express.
London, England, 1862-02-08 00:00:00

EXCHEQUER CHAMBER.—Fsa. 7.

Bitting, in Error.-7—(Before Lord Chief Jaetice Cockburn,
Lord Chia( Baron Pollock, Justices Wightraan and Cromp-
ton, and Barons Mansell and Wilda.)
OXIADI V. MC NOM' 'ASTIR' RAILWAY COMPANT.—TEX

RAILWAYS AND TIM COAL TRADYL
The plaintiff was a coal-merchant, and claimed the right
of having his coals amnia by the defendants from Bidetlids
station to York ; and in an settee which he brought against
the defendants they pleaded that thew were not common
carriers of coal between the above stations. On the trial
the jury found a verdict for the plaintiff, but a point was
raised for the Court of Common Pleas, which was decided
against the plaintiff, and the court entered the verdict for
the defendants. The question for this court upon a case
settled between the parties was, whether the defendants
were common carriers of coal between these two stations.
The Court dir. cted a new trial.
Mr. gibbons, for the plaintiff, asked that the venue might
he changed to London.
Mr. Mellish observed, that if be might advise the plaintiff
he would not have the ease tried before the Load Cbief
Justice of the Common Pleas.
Mn Oxlade replied, that he thought the Lord Chief
Justice of the Court of Common Pleas was as likely to do
justice as Mr. Melhsh was to give sound advise.

OILADI P. TIM NOME] BANTIMM RAILWAY COMPANY.
This was an appeal from the deciakio of the Court of
Common Eeas. This wag an action also for refusing to
carry the plaintiffs coals, to which the defendants pleaded
that they were not common carriers for hire. The court
had granted an injunction restraining the defendants from
charging the plaintiff more than they charged other pampa
for carrying ouals. Tho defendants alleged that they were
not common carriers for hire, but that they only carried
coals for the owners of collieries, and not fur coal merchants.
Yr. Gibbons appeared for the plaintiff.
Judgment atilt med.
The court will proceed this day (Saturday) with errors
from the Court of Queens Berth.

' COURT OF PROBATE AND DIVORCE.
Frs. 7.
(Before the Judge Ordinary.)
T9WATTZB V. TIMM&

(Continued from yesterday's Mrprem)
Mrs. Wright, the wife of • clerk in the Bristol Branch ,
Bank of England, and an intimate friend of the petitioner,
said that the conduct of Mr. Thwaitea was frequently. eery ,
irritating, while that of Mrs. Thwaites was perfectly amiable. I
Once remonstrated with Mr. Timeltem on his behaviour
to her. Had not visited the house since 1858, when the !
other friends of Mrs. Thweites were forbidden it. Had
ordered warm clothing for her in that year, hut observed
that in 1860 her wardrobe was quite worn out, shabby, and
dirty.
On crose•examination, the witness said in 1860 she ordered
121. worth of necessaries for the petitioner on credit, and
amongst the rest a steel petticoat which oast se. 9d.
(Great laughter.) Should say that the then required a com-
plete set of outer clothing.
Elizabeth Vevey. • laundress, was at the house one Mon-
day, when a little boy had beau in mischief. Hie mamma
bad corretted Lim, but tie respondent said she was mad,
and that he had had grief and trouble enough with her for
the lest year. Witness told him that Mrs. Thwaites said it
was all owing to the servant, Hannah Dade, and asked him
if it would not be better for Hannah Dads to leave. Be
flew in a violent passion, and asked witness bow she should
like to be discharged without any fault of hem lied heard
Hannah Dade tell/be. Thwaites that she was not fit to he
mistress to her. Had heard Mr. Thwaites tell the children
that their mother did not love them, and that she bad run
away from them. Always thought him a good deal mere
mad than his wife wee. (Laughter.)
The further hearing of the came was thee adjotliDed.
MIDDEN AND RIIRDDRIC V. fill ATTORNEY-ORD/ARAL
kpATIOCK AND PATRICIL, CITRD TO Sill PIROCIRDINOW.
his was • suit fur a declaration of legitimacy. It wan
heard before the full court, and decided adversely to the
petitioners, who had thereupon moved for • reheating, and
had had their application rejected.
Mr. Collier, Q.C. said that since theirappeal to the Home
et Lords was lodged Mr. Wes. Patrick bad died, sad he
prayed, therefore, that the suit tn. ht be revived by elfin
the representatives of the so that, is reetedasee
with the rules of the House of Lords, the appeal Ed& p
um. He was informed that the suit had abutted below
/Ir. Robert Petrick was not the heir or representative at
the other party cited. The learned esueed seed a Hasher,
et
entracte from the jeans& of Use Dame e 1 Lents, show- I
that the course which he resseeled sight now be
had toss pursued in seven& (*bow eases.
Ceesswell Damien) &soda the old paw

tice on which the learned counsel grounded his 'notion had
been abandoned, and that it was no longer necessary to re-
vive the suit in the oourt below ; but attar some discussion
The question was adjourned for the production of further
UffitiLVILII relating to the practice of their lordships' Lease Liu
appeals.

THE POLICE COURTS.

BOW-STREET.

John Pullrrfl, a check:taier at Drury-lane Theatre. was
brought before Mr. Henry, is custody of Inspector Eccles,
charged with "stealing, and appropriating to his own use
checks, the property of Mr. E. T. Smith, his master, and
thereby defrauding him."
From the evidence it appeared that the prisoner had ab-
stracted the checks and sold them, appropriating the pro-
seeds.
The prisoner was remanded, as all the checks which he
had taken had not been traced.
MARLBOROUGH-STREET.
Wei. Uniein, of 27, Rathboae-place, was charged before
Mr. Yardley on suspicion of breaking and entering the house,
11, Percy -street, Tottenham-court-road, and stealing 41. in
silver, 4(b io postage stamps, ire., the property of Mr.
Frederick Wlll, Rowney.
Michael Frady, timekeeper to Mr. Rowney, artiste' colour-
man, said that on Wednesday night last he left the pre-
pays at half-past 7, and was the last person there, and
everything was then safely fastened, including the trap-door
on the roof of 11, Percy-street. On Thurwlay morning, about
half-past 8, he found the drawers in the counting-house all
pulled out of the table, and a desk open, and some of the
cupboards had the locks broken off, having been locked over-
night. Hs then found at No. 10 the trap-door open, and
he saw the door broken off its hinges, evidently done with a
"jemmy " or crowbar.
Mrs. Landlord, 27, Ratlibone-place, said the prisoner
came to her] house last Monday to look at a bed-room at
the top of the house. He said he was about a situation,
and that if he got it the room would suit him very well. He
then left, but came back and took the room shortly after.
He wee let in on Wednesday night by her husband. He
could see the next house from the parapet.
In answer to Mr. Yardley the witness said there were 13
hones between her's end Mr. Rowney' s.
The husband of the last witness said on Wednesday night
prisoner wished him "good night," and he left him in his
roam. He bad other lodgers, and each bad a room.
lambert, 68 E, proved finding three desks in the counting-
bonne forced open, also two cupboards, at the bailee No. IL
He found the trap-door and the loft-door wrenched off. lie
also found footmarks on the leads leading to Hathbone-place,
and also kneernarka It was very easy to get from Percy-
street to Itathbone-place, over the rook There were also
hose marks corresponding with the pattern of the prisoner's
trousers. At the station he told the prisoner the charge,
and be said he knew nothing about it. He also said he was
' not la • situation, and bad not been ailerons, and on asking
' why be had told his landlady that be had, he denied doing
so. Prisoner's sister refused to give any account of him.
In answer to Mr. Yardley, the officer said the narks
appeared fresh ones.
Mr. James Aylmer Kelly, clerk to Mr. Rowney, proved
that when he left the premises the sum of 41. Os. 7d. was is
a till in the desk, and he missed it. About 130 poem
were employed on the premises.
Mr. Yardley said there was sufficient evidence for a re-
mand, and the prisoner was remanded for a week.