The Express.
London, England, 1852-01-30 00:00:00

(fitgecd) A. FOOLD,
Fans, Jr. 20. Misieter of k imam*.

;Lab) iintelitgence.

EQUITY COURTS.-YESTIIRDAY.
Irrnso• I. I. wooties-iim—lttreas tin Inn Lluaw

THS—ITTOItWiT.UUSIIIIA L---;71118" E0hir;;;;;;Ig Or
EISTRIL—III SUB Tan HOSPITAL Or ST. JOHN.
The hospital of Si, John, in tbe City of Exeter, was
erected and founded by virtue of letters patent, dated June
2, 1637, granted to the mayor and commonalty. The hos-
pital wan erected, amongst other puma's..., for the dwelling,
relief, and education In learning, aM other lawful arts and
trades, et poor children of the City, and for the relief and
maintenance of rmed or impotent poor people inhabiting the
said City, and fur the dwelling of one or more 'ghoul-
masters to instruct the children. The letters patent likewise
granted tlw.t the mayor, recorder, aldermen, and comment
council far the time being might be the governess of the
hospital., with power to place therein such master or bead
of the hospital, and numbers of poor people and children,
and such other members and ufficets as to them, or the
Mater part of them for the time being, should seem con-
rmient. They were further empowered to erect and este-
'olish in the hospital a free grammar wheel, and a free
Emtlisb school, for the instruction, teaching, maintenance,
and education of poor children or scholars born or inhabi-
ting in the said city, and to place therein such number of
poor children or scholars as to the governors for the time
being, or tho greater part of them, should seem conve-
nient; and likewise "one or more learned, able, and
suffix ant person or persons to be aehoolmaster or school-
masters of the same school or schools, and one or more other
able and sufficient person or persons to be usher or ushers
thereof to teach sad instruct the said children." 101836 a
petition devise been press sited to the Court of Chancery,
the late Lori Cottenhim made an order for the appoint-
ment of trustees of the charity estates and property, until
then vested in the corporation of Eacter, which were
affected lby the statute 5 & 6 Wm. IV., c. 76, section 71,
including the Hospital of St. John. The governors now
petitioned the court, stating that the trustees were about
to appoint a head master as a successor to the present
master, who was about to retire and they alleged that the
property of the Hospital of St. lohn did not come within
the meaning of the section of the act cited, insomuch as the
administration and disposal of the charity were vested in
them as a distinct and independent corporate body by
virtue of the letters potent of 1637 ; the petitioners, there-
fore, prayed the court to discharge so much of the order of
1136 as referred to the property of the hospital, and to de-
clare that they were still the governors thereof.
Th. petition was presented to the Lords Justices, alter
Michaelmas term, but their lordships considering that it
might be necessary to alter the order made by Lord Cot-
tenhillen, thought that it was better that the question should
be argued before the Lord Chancellor.
Mr. Holt and Mr. Fooks appeared in support of the
petition.
Mr. Dowling was fur tho corporation of Exeter.
Mr. Follett (with his Mr. James) was proceeding to
address the court for the treaters under the appointment of
18,16, when the Lord Chancellor rose at two o'clock to
attend the Cabinet Conseil.

COURT OF QUEF.WB BENCH.—YurrammT.
&mums es lliinco.—dernae Lou Cayes:Lt, Me.lierme
Ma. Ji ems tlnaamea. aim Ma. Jounce W 10111111,11.111.
KIN° r. LIQUORISH.—JUDOMINT.
This case had come before the court on demurrer, when
the only question was whether the Act 2 (leo. 11. cap. 30,
entitled the rector of the parish of Wapping, in Stepney, to
the surplus burial fees, which were claimed by the church-
wardens, who alleged that the rector was only entitled to
1011. out of the fees.

Lord Campbell said that, haring carefully considered the
entire statute, the court had concluded that the rector
could only claim 1001. out of the burial fees, the legislature
intending the surplus beyond that amount to be applied by
the churchwardens to gent nil parochial purposes.
Judgment for defend.int.

010 MR. JUSTICE PASTIME/T.

Lord Campbell, in giving notice that the court would sit
on Tuesday, the 10th of February, to hear the arguments
in the case of " Blake r. the Midland Railway Company,"
said—On that day my brother Pennon will be present, and
1 I am grieved to say that that will be the last day on which
the public will have the benefit of his services in this court,
The announcement was received with evident sensation.
TAI QUIFN r. ATI:MT.—CRIMINAL INFORMATION.
In this case a rule had been obtained calling on William
Avery, an alderman of the borough of Barnstaple, tad
Lionel Thos. liencroft to show cause why a criminal infer-
mation should not be filed against them for certain alleged
misdemeanors. The application arose out of the election
of town councillors far the north ward of the borough of
Barnstaple on Saturday, the Ist of November last. The
rule had been obtained upon several affidavits, charging the
defendants with tampering with and corruptly suppressing
seven voting papers with the view of securing the election
of one of the liberal candidates, a Mr. Wm. Avery, a
printer (not the defendant), whereas • Mr. King, of Brad-
ford, the conservative candidate, ought to have been de-
clared duly elected. There were three candidates in the
liberal and three in the conservative interest; the defendant
Avery was the presiding alderman, and Mr. Bencroft (the
town clerk) acted as pull clerk. The voting papers were
entered in a poll hook and then placed on • file; they were
subsequently taken off and placed upon another file,
and at the close of the election they were given
by Mr. Benorott to his clerk and taken to his
office, the door of whirls was locked, both Mr.
Bencroft and his clerk having • key. In the even-
ing of the Saturday after the election Mr. Bencroft
gave the number of vides for each candidate to • printer,
who published the same, upon which Mr. Bremridge, a
solicitor (and one of the present members for Barnstaple),
douhtng the accuracy of the numbers, gave Mr. Bencroft
notice that a scrutiny would take place and the pull hook
would be required to he produced in the Court of Queen's
Bench. On the following Monday Mr. Beneroft's clerk
opened his office at S o'clock in the morning and remained
there until half-put 8, when he left a man there cleaning
the rooms, the file cf voting papers being accessible to any
persons who might happen to come in. At 9 o'clock Mr.
Avery, Mr. Benerott, and the two 'memo's assembled and
proceeded to examine the voting paper, when it was found
that the poling book was in a state of great confusion, and
coutained several mistakes ; upon which it was agreed that
anew book should he obtained; and as the voting papers
were taken utf the tile they were entered is this book. the
result of the election was then declared, by which it
appeared that Wm. Avery, the printer, had ZB3, and King,
of Bradford (a conservative candidate) IQ votes. A
scrutiny having been demanded on behalf of the latter, it
was found that seven voting papers which had been given
in his favour, and which had been entered in the original
polling-book, had been abstracted, and bad not been taken
Into the calculation when the result of the election was
stated. It also appeared that some votes given for Mr.
Avery were invalid, and that, in the true state of things,
Mr. King should have been declared elected instead of Mr.
Avery. There were other minor charges against the de-
fendants.

Mr. Crowder now showed cause, and produced affidavits
from the defendants, denying all knowledge of the abstrac-
tion of the seven voting papers, and explaining the other
charges alleged against them, d, flying also that they had
been actuated by any corrupt or improper motives. Mr.
Avery hen twice tilled the office of macor of Barnstaple,
and Mr. Bencrott had been seven years town clerk of that
borough ; and with the knowledge of the fact that a hot of
the votes given had been taken at Le time of polling on
behalf of the conservative candidates, and the hostile
notice of Mr. Breinridge' it could out be supposed for a too.
meat that they had taken the seven voting papers them-
selves, or that it had been done with their knowledge. The
only way in which they could meet the charge was by
,olemnly denying, upon their oaths, that they knew any-
thing of the missing papers. Thin they had dune, and they
were borne out as far as they could be by the affidavits of
other persons.
Mr. Collier followed on the same side.
Sir E. Tnesiger (with whom was Mr. Smith) was about to
address the court in support of the rule, but was inter-
rupted by
Lord Campbell, who said that the court were of opinion
that Lis was • fit ease to be submitted to • ply ; they cau-
tiously abstained, however, from eapresung any opinion
upon it.
Male absolute.

BAIL CO URT —YESTUDAY.
Ammo. re haoork—lfoooso N. honer. Nom
Tin Quay:. r. BLANC—Quo W . .
Sir P. Kelly applied for a rule to show cause why a
writ of goo verrucae should not i‘see, calling upon Mr. R.
W. Blake to show by what authority he held the Mlles of
town-councillor in the city of Norwich. The affidavits
stated that Mr. Blake was aln.ady an alderman of the city,
sod by the Nth section of B d 7 Win. IV., cap. 4, it was pro
sided that an alili•riniin could not accept the lower office of
tows-councillor unless he paid the sum of SM. and retired
from the office of alderman, which made him eligible for
election to a lower office. This Mr. Blake had tot done.
Bale nisi granted.

COURT OF EXCIIEQUER.-YENTERDAT.
SMTha. to boocto— Sento. no I 010 Coos Boom. M. 14410,1
P...., AIL 1141.1. Ata.as, /./.1.0 MIL UMW MMITLX.

BPRIMRII4 or me COURT.
Master ronoek 'vast the following notice :—" It Is
ordered that there shall be two special paper days only in
each week, six., Monday and Wednesday, excluding, as
heretofore, the tint !our and the last four days of term ;
and that the demurrers, special CAPON and special verdicts
shall be set down in the same paper, and that this rule
shall begin to be in force neat Lister term.

(I.) account of 11111111 due by railway eompaniee to the
state :—l'arie to Lyon.. H 4.000.0006% ; Northern,
27,000.000 fr,• Rouen. I 1.:108,631re ; Du Gard, 3.782,000 fr.;
Verndll• • (We•trnt (...mPanY), 7.211,319 tr. ; Sinashurrt to
Role, 11,:hal,0110fr. ; Andresieus to Baena., 5,281,111 ff. ;
Rosen to Havre, ; Montereau to Troyes,
3,800,000.—T0ta1, 197,11,1,9:11(r.

The Lord Cole( Bse.rt *,id that this blterntion was only
• return to the ancient custom of the court, which had betn
disturbed in consequence of the owners of business.

(2) Thr follmring I. a lid of the floating debt at different
periods. TM floating debt now. including the total amount
of the deposit. of the enema. h Mi., it is neer...eery. for the
sake of settee., to add to the amounts of the floating debt,
for the pen pervious to 11414, the amount of the sums eon.
soltdat..l in 4 per cent trete. for the account of throw hanks.
The titles were inacribed in the name of the Cossets des
Leer," e' 'oelerweeed”., and renmu he negotiated without
coiroderatile imoneeniener. ; the .1. 'melts, on the contrary,
being subject to immediate tall, hom in reality a part of
the &sting debt :—(ht the la of January, 1843,
841,896,7n0fr. ; '1844, 708,1(16,7081r ; 1646, 789,170,300(r.;
1846 688,066,400 fr. ; 1847, 823,814,100 fr.; 1848,
878,268,10430.; 1862, 693,226,900 fr.

&MING/ AT NMI rail:. AT Manmixersa.—lasouus Ma. Itsams
CIA RIR a. Nrsin.-Btsout.ait Case.
Mr. Chambers, Q.C., and Mr. hush, appeared for the
plaintiff; and Mr. Kiwis James, Q C., with whom was
Mr. Horne, for the defendant.
This was an action to recover the sum of 31/. 24. rxl. for
woods sold and delivered. Defendant pleaded never in
debted and piiyme sit.
Mr. Chanths r. having stated the ease, milled the plaintiff.
John Clarke, who mid—l am u botcher, in Illungerford
Market. I hays known the iblendant Mr. Nunn men),
years. He was • eimehmaker. I knew also Mr. and Mrs.
Keg .n. In March, 1819, Mr. Nunn made an application
to me for • cheque. Mr. and Mr.. Regan were then living
apart. Thu defendant said that Mr. Megan had got •
eulfee•shop at Knightsbridge, and he (defendant) wished to
purchase at of him. lie said hs should hays to give him

THE EXPRESS, FRIDAY EVENING, JANUARY 30, 1852.

1001., and 101. a year as long u the lease lasted to keep
away from Mn. Regan. He said he should take Mn. Re- '
gen to manage it fur him, and have her there. He asked
mo if I would give him my cheque for his. 1 did so.
He said he did not wish to be seen in the affair. On the
Ist of October I began to supply the coffee-shop with meat.
I had seen Mr. Nunn several times in this interim. Ile
asked me whether 1 would supply at that distance. I did
not consent at first, hut I ultimately agreed to do so. I
continued to supply the house up to the 17th of December.
We used to lend for orders at night, and to send the meat
the fint thing on the following morning. I have been at
the ooffee-shop twice. On can occasion I was invited to
dinner there, but I arrived too late. Ido not recollect see-
ing Mr. Nunn there. Mrs. Regan passed by tho name of
Mn. Nunn. I used to send weekly accounts to the coffee-
shop. [These hills were pmt in ; there were two in the
name of Mn. Naas, and eight in the name of Mrs. Regan.]
The alteration was made at Mr. Nann's request,• he said
that he did not want to appear in the matter. The busi-
ness was afterwards removed from Knightsbridge to the
Westminster-bridge-road, opposite /Utley's. Thu premises
had been occupied by Mr. Nunn, who had carried on his
business of a coach-builder there. Mr. and Mrs. Wean
had subsequently occupied them ss wino and supper rooms.
I think the premises were closed after that. Mr. Nunn in-
formed me of the change in the business. Ile told mu he '
wished me to supply him with meat still. He called on me
at the beginning of January, 18A. He was then living
with has wile, at Eagle Cottage, in the Kent-
road ; and he used to come by my shop, and
then take the omnibus to Knightsbridge. At the
time of the removal, there were three of the weekly bills
unpaid ; and after then the accounts were placed in a book,
these three hills being entered at the commencement. This
was done at Mr. Nunn's desire. I continued to supply the
coffee-shop in Westminster-bridge-road up to the 14th of
June, Itklo. During that period I went there several times,
and saw Mr. Nunn there acting as the muter of the house.
I don't think there was any name over the doer except the
Victoria Coffee-house. Mr. Nunn called at my place of
bossiness at the beginning of 18.10 and asked me how his
account was getting on. I showed him my books. I asked
him the reason why he had requested me to put the name
of Mrs. Regan in them. He said that having lived there
with his wife and family he did not wish to be seen in the
affair. I called about a month or six weeks afterwards, and
he said, " Never mind the account being made out in Mrs.
• Re 's name, I will pay you all the same." When he
called in January end looked at my books a friend of mine,
named Norton, was present. V. hen he called a second
time I applied to him for some money. Ile said he had laid
out so much in fitting up the place and furnishing it that
he could give me nothing. He called on me in April, and
I told him that the account had got very high. He said he
should be obliged to get some money from a friend, and, he
added, "We won't let the account get any larger; I
will pay weekly." I agreed to that, and then he
said, " Now you can make out the bills in my
, own name, as I have been there four months and everything
is quiet" After that, I continued to supply him fur eight
, or nine weeks—the last item in my account being on the
14th of June. The bills for that time, amounting to
71. Bs. 3d., were paid, and I propose to give credit for that
sum. In 1818 Mrs. Megan's daughter used to visit Mr.
Nunn. She applied to him for a loan of 61. Ho said that
' she should have it ; that he had not got the money, but that
if she would go to Mr. Clarke and get him to lend his
name, he would get the money of his tailor. Miss Regan
was going to a situation asgoverneu, and wanted the money
for her outfit. 1 afterwards saw the defendant, and he told
me that he was obliged to me, and that I should hear no
more of the bill. I never heard any more of it till this
affair.

Cross-esamined—Had known the Regans for years. Mr.
Began had kept the Cider Cellars and the Shades. I had
occasionally supplied him with meat at the Cider Cellars
and the Shades—perhaps a year and a half altogether. I
only know Mrs. Regan as Mrs. Regan. (A laugh.) I
have urn her. Her daughter never stopped at my house.
She used to come sometimes to my house to take her meals
with us when her mother had nothing to give her. She
used to teach my youngest son the pianoforte. My son is
" rather " a butcher, and rather musical. (Laughter.)
She did not come to teach him so long as three months.
My son was not perfect on the piano then. (Laughter.) I
did not take the least interest in her when I signed the
promissory note. Mrs. Begun was then living somewhere
near the Elephant and Castle. Mr. Regan dealt with me
last in Oafonl-street. Ile owed me 40/. The cheque 1
gave the defendant for his was dishonoured. I did not
like the transaction, and so I told my bankers not to pay
it ; but when I found that the defendant's 1001. was paid,
I sent hint • note to that amount. The coffee-house at
Knightsbridge wag culled the Hope. I was never asked
for payment of the fa. note. He asked me to pay half of
it, because Miss Itegan had not paid him.
John Clarke' jun., son of the defendant, used to go to
Knightsbridge for orders. Used to see Mr. Nunn there on
Sundays, when witness went for orders for Mondays. He
need to sit behind the bar. They sold all kinds of cooked
meats, " saveloys," and the like. Mr. Nunn and Mrs. Ra-
gan need to consult together before they gave orders. Had
seen Mr. Nunn twice at Westminster-bridge-road. He
was in the parlour. He lived there. Witnesse thought so,
because Mr. Nunn had had his bath erected there. Had
seen him in his bath. (Laughter.) When witness
went fur orders, he was told that Mr. Nunn was in his
bath, and that they would go and see if he had any.
Cross-examined—Cannot define • " saveloy." It is com-
posed of all sorts of things. (Laughter.) The Hope seemed
to be frequented by cabman. Supposed that they were
great consumers of saveloys." (Laughter.)
John Henry Webb, the plaintiff's boy, gave corrobora-
tive evidence as to the practice of the defendant in giving
orders.

Alfred Norton, a coach proprietor at Shoreditch, was in
the habit of going to II ungerford Market at least four daps
out of the seven. Was an intimate friend of the plaintiff,
and was in his company when Mr. Nunn called. Nunn
asked to look at his account, and plaintiff handed his
book to him. Remembered noticing that the account was
commenced by the name of Mr. Nunn and continued by
that of Mrs. Reran. Mr. Clarke asked the defendant if
that was the way in which he wished it to be done. Mr.
Nunn said it was, because he did not wish to appear. Mr.
Clarke said he del not like to do business in that way, en-
tering one person's account to that of another. Mr. Nunn
said it was all right, and that he was the " ostensible "
Mr. James, Q.C., addressed the jury at great length in
defence, and called the attention of the jury to the circum-
stance that Mr. Nunn** name appeared to be interpolated
in the account in the plaintiff's ledger. He indignantly
repudiated any insinuation of an improper col:me:mu be-
tween his client and Mrs. Regan; and intimated that the
question the jury would have to try would be the credit of
the parties in the suit. He called
Elizabeth Regan—My husband formerly kept the Cider
Cellars and the Shades. I have known Mr. Clarke 15 or
16 years. He has "applied me with meat for a puniest of
that time. In March, 1819, 1 went into possession of a
eoffee-house at Knightsbridge. My husband had pre-
viously kept it for a short time. I took it of Mr. Nunn, at
a rent of two guineas a week, which I regularly paid
him. Miss Ward was living with me at the time. She
sometimes paid Mr. Nunn fur me. I first dealt at Knightie
bridge with • pei eon of the name of Betts for meat. After
I had dealt with him some little time, Mr. Clarke came
over to me. lie looked at my books and asked me if I
would deal with him, adding that he would supply me at
the same price. I told him that I would. Nothing
was said about the distance being too far. This
was about September or October, 1849 ; and I dealt
with him after that. The two first bills were made out to
Mrs. Nunn. Mr. Nunn was there at the time, and was very
angry. I believe it was mentioned to some of the lads who
brought the meat, and the bilk were aftewards made out in
my own name. Mr. Nunn never interfetcd in the business.
I paid the rates and tales In December, 1849, I gave up
the business at Kuight.bridge. Mr. Nunn fitted up the
house in the Westminster-rood as a coffee-house and dining-
rooms, and let it to me at U. a week. Mr. Nunn paid the
rates and tales, but I paid the gas, coals, servants, &c.
Miss Ward generally paid the tradesmen for me. When I
gave up business in April all were paid accept the plain-
tiff. In 1815 I gave Mr. Clarke some muney to
take are of. I think it was 241. My husband
was then in difficulties. Ile was then in prison. I sent him
also the duplicate of a watch. I asked him to pay the inte•
rest, and he took it out of pawn. I have received about
101. of the 251. in small sumo. I have not applied for the
balance. I have never had the watch. I have naked him
for the watch, unit he said he had given it to some one to
repair who had run away with it. It was a gold watch and
was worth 81. or 91. Previous to April 1800 1 found the
business did not answer and I gave it up.
- - -

.1 used to attend at the Cider Cellars
in Maioen-lane. 1 was not much at the Shade.. The
Cider Cellars was • late home. The guests need to come
at about It o'clock iu the evening, and remained till 2. I
used to go to bed early. I had apartments in the Strand
when my husband kept the Shades. Ile kept them both at
the same time. Ile had the Cider Cellar for about seven
years. Ile has lace kern in several businesses. I hail
been separated from my heehaw' about two years before I
went to Knightsbridge. My husband sad I had been in
the house in Weattnin-terroad previously. We rented it
of Mr. Nunn for wine and supper roms. Mr. Nunn gave
y heartland 3111. for the coffee shop cat Knightsbridge. Mr,
Regan had not the mean."( lifting it up, and so he parted
put everything ready for
with it to Mr. Nunn. Mr. Nll.lll
Wainer. I had no means except what I got from the begrime.
Mr. Nunn getter thy came ow, rto receive his rent. Some-
times hi• came oftener. Ile had the house repaired and he
came over to look after the workmen. I never saw him
there un a Sunday. The runt was paid on a Tuesday. Mr.
Nunn asked me if I should like to go bark to Westminater-
road. Ile thought it would be a better business for
The hone. at Knightsbridge had been a paying concern. I
used to show hire my accounts at the Vittoria. lie used to
board and lodge there mud give his attend ince, for I could
not manage the honwu by myself. It was not mentioned
what part of the live guineas a week should be
for his services. Ile dial not do much. Ile lead
to walk about. It was a very lute house, and I
used to sit Up. Mr. Nunn pima times •ftentled to the
night customers. I never sold at Knightsbridge seek
a thing as a aateloy.- (A laugh.) Card to serve joints,
and pies, and puddings. When I found that the Victoria
did not anew. r Mr. Nunn to oa it into his own bands. I was
mill there. Th.• hok. were balanced every week, and if
there was any pork 1 tied it fur my services. Then never
was any los• alter April, en. ept one or two weeks. Mr.
Nunn kept the house till June. Mr. Nunn never gave me
any pocket money. I never required any, foe I had saved
a little at Killehtsbri W... I am still living at the Victoria.
Mr. Nunn let it in June to a prom named Walker. I was
in psrinership with him. Mr. Nunn was still there, and used
to Woke' the hooks. We dissolved partnership iu June last.
I thea went into partnership with my Drubber. Mr. Nunn
still sleeps there. There was a bath tweeted whew the hews .