The Express.
London, England, 1851-05-22 00:00:00

THE EXPRESS, THURSDAY EVENING, MAY 22, 1851.

RAW intelligence.

HOUSE OF LORDS-MAY 20.
Till Hill.lllll rptILLOI. _

The ANS
theervirs.

attended lee

—iii:llles Wortley and Mr. Flesaing attended as counsel
for the slid , W=sra Candobls Maxwell.
Mr. MINI stimisi kit Witham Maxwell, of Cerra-
chair, who mow the aid Cleassat, but doss not, at pre-
sent, Alin fill Mislay he limit
&Wass nes takes is nowt of Ike claim of Mr. Con-
stable Manna to this en the Bth and 18th of May,
7th of Joss, and 19th of J y, 1849, and it may be remem-
bered teem the reports in this journal, on those occasions,
that the esidsuiee was to this effect : that, although no
patent or other instrument of creation of the dignity could
be found, other documents were produced to show that the
dignity must have been created by James VI., of Scotland,
between the years 1486 and 1491, to Herbert Herries, of
Te rreeks and that it was limited to him and the heirs
of his (including females as well u males). That on
his death eldest son, Andrew Hermes, succeeded, who
was snessalssl by his eldest eon William, who left daughters
only, the ellen of whom Agnes, was styled Lady Hernia
in some charters and other documents, whence the claimant
inferred that the limitations were as before stated, to the
heirs general of the body of the first grantee. This Agnes,
Lady }ferries, was married to Sir John Maxwell, second
son of Lord Maxwell, ancestor of the Earl of Nithsdale.
Sir J. Maxwell sat in parliament some years after his mar-
riage as Lord Herries, which title he took, as the claimant
alleged, in *flit of his said wife. The title then descended
lineally to their son, grandson, and great grandson, John
Maxwell Lord Herries, on whom also devolved the Earl-1
dom of Nithsdale, on the extinction of the elder branch of
his paternal ancestor's issue. lie, John Earl of Nithsdale
and Lord Herries, was succeeded in both dignities by his
eldest eon Hobert, who died in 1696, and was succeeded by
his son William of Nithsdale and Lord Herries, who
having joined the exiled Stuarts in their attempt in Scot-
land in 1715, was in the next year, with many other noble
Scotchmcn, attainted of high treason. His only son had
two daughters only, one of whom died unmarried, and the
second, Winifred Maxwell, married Mr. Haggcrtoo, con-
stable of the county of York, and the claimant is their
grandson and heir. The claimant obtained an act of parlia-
ment in 1848 to reverse the attainder of his ancestor in
171.5, and to restore him in blood. . . .. . .

Mr. W. Maxwell, of Carruchen, who, by petition to the
house, obtained leave to oppose the claim, is also descended
from the said Sir J. Maxwell and Agnes Berries, and
admits the existence of the peerage as stated by the claim-
ant, but contends that it was limited to the heirs male
of the body of the first grantee, that therefore it became
extinct on failure of his issue male, and that Sir J. Max-
well not taking it in right of his wife Agnes Berries was
himself created Lord Berries to him and his heirs ;nate,
and therefore the claimant who claimed through his Fraud-
mother Winfred Maxwell, had no right to the dignity,
but William Maxwell, who tracedhis descent through males
from Sir John Maxwell, was entitled.
The greater part of the proceedings yesterday consisted of
the cross-examination of the claimant's witnesse, by Mr.
Bethell, with a view to show that the claimant had in his
possession documents which would go to show that Agnes
'ferries—in whose succession to the dignity on her father's
death his case chiefly depended—was never recognised
to be a 'seeress in her own right, though she might be in
courtesy so styled in private documents.
Mr. Fleming, for the claimant, said that every document
relating to the matter in the claimant's possession or power
would be produced on a future day. He also asked and ob-
tained leave to put in a supplemental printed case, not by
way of addition or variation, but rather as an index of the
evidence to facilitate the perusal of it for their lordships,
when he came to sum it up to them.
The case was then adjourned to a day not named.

EXCHEQUER
TUILIaII O. TIII TROSTIIIII Or SKI LIVIUWOOL Di)CZ.

a 20.

- -------
COMPANY.--JI:DOSIENT.

Mr. Justice Patteson delivered judgment in this ease,
which was a bill of exceptions to the ruling of the learned
judge before whom the case was tried. The plaintiff, as
assignee of Messrs. Martin, Iligginson, and Co., merchants,
in Liverpool, bankrupts, brought the action to try the
question of right to a quantity of cotton and other goods,
the cargo of two ships, called the " Charlotte" and Hig-
ginson ; ' but, as the facts were similar, it was only neces-
sary to advert to those connected with the case of the
" Charlotte." The action was brought against the trustees
of the Liverpool Dock Company ; but Messrs. Mendlove
and Co. of Charleston, were the real defendants. In
August, 1847, Higginson and Co. sent orders to Mendlove
and Co. to ship cotton on board the Charlotte,
which arrived at Charleston on the 19th of
September. In the meantime Mendlove and Co. had made
considerable purchases of cotton. On the 12th of October
Mendlove and Co. signed a bill of lading to themselves or
their assigns, and sent invoices to Higginson and Co., on
whom they drew bills. Before the delivery of the goods,
Mendlove and Co. directed that the cargo should not be
delivered unless the bills were duly honoured. Higginson
and Cu. became bankrupts, and the goods were detained.
It was contended for the plaintiff that the delivery of the
cargo on board the plaintiff's vessels was a delivery to
them ; on the other hand, it was argued that Mendlove
and Co. never parted with possession, but retained it until
they obtained the money due to them. The court were of
opinion that on the facts of the case the learned j
deudge was
right in directing the jury to find a verdict for the fend-
ants It wasthe opinion of the court, from the terms of
the bill of lading, that Mendlove and Co. intended to pre-
serve their right as unpaid vendors. They did not divest
themselves of the property in the goods, except in so far
as they delivered them to the captain to be delivered to
order. The judgment of the court must, therefore, be for
, the defendants in error.

LORD MAYOR'S COURT.—YorraraDAT.
Bayou ni. llLoccaisa.
HVLICUOTT V. CLELAND MIDDAY, DEFENDANTS ; SCOTT

OMIXISZSZ. Arri
This was a customary attachment in an action of debt for
TOOL The garnishee pleaded that he had neither moneys
nor goods of the defendant's in his possession.
Mr. Ryland and Mr. Randall appeared for the plaintiff.
Mr. Locke appeared for the garnishee.
The plaintiff was a merchant at Amsterdam ; the de-
fendants were merchants at Boston, United States; and the
garnishee was Mr. James Scott, merchant, of Nicholas-
lane. In April or May last year, Mr. F. Saville Lee, who
was the authorised London agent of the firm of Cleland
and Co., of Boston, purchased on their behalf 11 casks of
nutmegs of the value of 7001., of Mr. Adrian Meyer, the
representative in London of the plaintiff's house but am
of the warrants was returned to Mr. Meyer, he. having
sold one of the casks, and the ten others were given by
Mr. Lee to Mr. Scott, the present garnishee, who, it op-
peered, was a creditor of Cleland and Day's to soma
sememt. linDetember, the house of Cleland and Day hikt
the plaintiff availed himself of the l'elli=itayor's Court to recover tram Mr. =lithe
gauge which were still in his pooeseisa—he bob), the
Wirt of the warrants—hence the premed Mane. It
that the 10 casks of autamp were lying at
Quay Wharf, and that if delivered for home wa-
n, about 2001. would have to be paid as duty, but V
were exported, of course no duty would be
fir. Locke submitted that the plaintiff's case could not be
welshed, as the attachment was 'salon ten casks of out-
grip which had never been in his possession, he being
namely the holder of the warrants. The latter, and not the
pea, should have beam attached.
The Bomorder held that the nutmegs were in Mr. Soott's
rreally, though not actually, in the same manner
ylislimea who had rwmayat a banker's wee la pomemion
of that avisay.
/Ir. Lithe that albums& the jam and that nn-
Ism they awe thwevehly sodded from the elMenee that
lie
odd ad led =rap wale
hr Ihe manall
Day la hr. &oft paimarslon, they
The Mama mom' thee gat in as evideaw a deed of
ezeseled by CI and Day, al Barma. on
=limiallkestre' ha Danaher, W thew that, visa he Newh-
am* was Mad la Fekeesary, as
led lama ler-
=en! mad oth;Neredilles, foirlaer
Ira. Twilit Owed arliAeirnYwerp. , Eh. DeoPofste,
Toeklit Owed Owed et Druesboggaired
law deed. It memniclewswee, thea he deal CANA
be easeeted airM she he Ilene oldie athirst.
• diemaila haddiedie bark took plata ea te whe-
ther dale lemelawel is queen se the
flit
glasdeedeally kohl% es it woe ast Tweed la
flit delteleste labia he athelmeat Maid.
la M
The Ressedir
et die esermi
elmoleglierasek • view hoeugaile
a
The 'rgumentFry withead lashadea heal lirlite
bell la ha pond= tea was et
the
le the
illehriente, which was•• verdict he lie
Chinas e. Carat. Dernitzumw.-00s can QUIIIIIWOOD
GAZNISKIIM

Ma was a sailer stimulant Tito prallg asesentaat
a Ida Omit of Beakzefigh Need le mace Ina die
the wall kern slay mar. Or gm of
riga asy beld. behosag as &Weak
M. Dead Capek hardy afar of die ISO Pasant.
• auk has Mena Ow ish Oreaswears plead that
rhea dr ariameas was oral dry ha la ask here
ma draw ware Ora Oa drama by Ihe phattiff.
At Oa ales Um smear Malmo am laved, but
Mara. On art Co. were ia_yaredoa darn Sea rfa-
era a mot both dam Tie =WM Ilea the proards of
dr ale at Captain Capers Nibs.
Tahoe ha the plartilf.

COURT OF BANICRUPTCT.--iky 20.
Dm= /IL (Zemmol= lemeasam.
Ix as Haaz.i axe BUD=
The baskrapla won arnisata is Lfrarmanst This was
▪ aillemised _ss Issas lima saanlasaka. Mr. Joan,
et els4ine, yavemasi Se aadiawa ; . Lawrence ap-
= kr the Walleye Heels; and Mr. Liaises: kr
The idea belme•shese, pu by Mr. cc-
leads& ewe mesa
Yew: —Te ;niter de Jetrany lava The isms
wife alsealiteek 10,8031. • •
heidiag seseidity MIL
By pal Is , lam pesperty e ia th
dawn, 13.111K__ aradsob 4•11014 drew eue by Reg:,
2,143 J • be Ebb" VW. Imes, 4001.
Ms: 0ra1..,, the said a stelremait
et the Makeup Ude pe theurialt=likagese. MS,
be seepisped Ur. Ikeda to arks ay new @comb he
Mod win-86W thee • *sweet of books dumb& be
The eselume of the di mem espied We tis sew=
whist tie bombs.. led ire lisyt lip le the hie at the
This yr bi Yr. MAK las stelsd
merely espied the two basin wheat pseesielai
tile Imo% we Tay ammeols, of Imo. to lave

orison boa pare incapacity in the clerk who kept the
bolo i Ng trWther that was the cause of all could not
mei be smeetaked. There was a deficiency at the *lose of
the sads-Ilase Cl 2771., but this ran over the whole period
of emir leediag.
Xs impeition was offered to the bankrupts' passing.
Ms NOBINIF observed that amongst other questions which
we win sit the certificate meeting was that of the large
mend Arum eat b_y the partners, as compared with the
saseast of. profits. The fact that a new an of books had
boar emptied, under the direction of the bankrupt Keelo,
mid also be matter for consideration at the certificate
IL Lamson sliced the court to allow 1001. as the ex-
penses of prepering the accounts.
Mr. MIMS mewl the application.
His Roar mill there was great clamour against court
hes ma wing professional charges, but these were mere
flea-bhes impend with accountant's charges. The system
of char*, for accounts so much per hour was a premium
on dukes, sloth and incapacity ; why should not account-
ants be paid on the qu3atum meruit.
Mr. Lawrence said that accountants could only charge
according to the time they were employed. In this case
Mr. Martin had been engaged in making up the bankrupt's
books before the bankruptcy, which was necessary in c, n-
sequence of the remissness and blunders of the bankrupt's
clerks._ .

His Honour said he could not now accede to the applica-
tion, but it might be renewed at the certificate meeting.
Meantime, he wished it to be thoroughly understood by ac-
countants that be should watch with a jealous eye both the
amount of their charges and those cases in which they with-
held the balance-sheet or the books of the estate.

Mr. Jones said that at the issue of the petition the ac-
countant had claimed a lien on the books of the firm, and
the assignees had been obliged to pay him 201.

MIDDLESEX SESSIONS.-YESTERDAY.
Bums Ila.Bcur•str Alma% Assown JUDOS.
A THIEF, WELL CAEOHT.
_ _

John Jones, ayoungmanolr;sieciabieappearance, was
indicted far attempting to steal a gold watch, value 61. 10s.,
the property of Mark \cling.
The prosecutor deposed that he kept a watchmaker's
shop in Goswell-street. About nine o'clock on the night
of the 10th instant the prisoner came into his shop, and
inquired the price of a watch in the window. He told
him 61. 10s., and the prisoner requested to be shown it.
Prosecutor handed the watch to him, but having some SUS-
, picions of the prisoner, he drew a string which acted upon
a secret bolt at the top of the door. This fastened the
door without any noise. The prisoner seemed to like the
watch, and banded it back to the prosecutor to wind it
up. The prosecutor wound the watch up, and placed it
again in his hand. Ho had no sooner received the watch
the second time, than he turned sharply round, seised the
handle of the door, and made 'violent efforts to get out.
The secret Dolt, however, effectively resisted his efforts,
and the prosecutor got over the counter and col-
lared him. He then threw the watch on the
counter, and in assuming a highly indignant toast,
threatened to put the law in motion against him (prose-
cutor) for tearing the buttons off his coat. A policeman,
however, was sent for, and the prisoner was given in charge.
The prisoner, when called upon for his defence, said that
he had no intention of stealing the watch; that he merely
went into the shop to ask the price, but made no attempt
to et away.
' The jury found the prisoner Guilty, and
The learned Judge sentenced him to six months' hard
labour.

THE POLICE COURTS.
MANSION-HOUSE.

Mr. Bell and Mr. Corbett, the proprietors of the Grace-
church-street premises which fell on Satunlay last, waited
upon the Lord Mayesr yesterday on the subject of the disas-
trous occurrence. After thanking the Lord Mayor for his
promptitude in instituting and heading a subscription for
the sufferers in the late catastrophe, and stating that he and
his partner were doing and intending to do all in their
power to assuage the afflictions of the sufferers, and to secure
the comfort of the families which had been deprived of
their natural support, Mr. Bell handed in a cheque for 251.
in aid of the subscription.
The Lord Mayor expressed his satisfaction at seeing gen-
tlemen who had already suffered so much by the accident,
active in caring for the helpless. The following subscrip-
tions were then announced:—Mrs. Jane Ogden, ol.; A Fa-
mily's Subscription, ss. ; James Thompson, n., 11. Is. ;
A kriend 10s. ; John Wagg, Esq., 21.
GUILDHALL.
Yesterday Mr. Jessop, the Blackwell omnibus proprietor,
was summoned for exacting more than the legal fare from a
gentleman named Walmsley.
Kr. Lewis objected that the magistrate had no jurisdic-
tion, inasmuch as, if demanding tiff. were en offence, it oc-
curred beyond the bounds of the City. There was also
another error in the summons.

Mr. Walmsley said he got into the omnibus at St. Paul's-
churchyard. Ile saw " Blackwell" on the side, and "4d.
all the way " on a large printed board ; but on alighting in
the Commercial-road 6d. was demanded, and he was shown
the words " to and from Sloane-street and the Bank."
These boards were now disused.

Mr. Lewis said if the words at the bottom of the boards
were not so large as the rest, they were still legible enough.
The fare 6d. was duly painted on the table of Cane as apply-
ing to all places beyond the Bank and Sloane-street.
Mr. Alderman Wilson thought it was so painted as to
mislead the public. If boards were placed outside they
should state all the fares. Putting up 4.1. only would ne-
cessarily mislead the public. However Mr. IValmsley had
cured the evil and the summons must be dismissed. When
the inside of the omnibuses had been put in order, he
should we whether the outside accommodation could nut
be amended.

C LEEK EN W ELL.
Alfred Walker, 23, and Sarah Mortlake, 18, were charged
with manufacturing base coin.
Inspector Brennan said that having learned that parties
were constantly employed in the fabrication of base coin,
at the house, No. 69, Golden-lane, St. Luke's, he with other
officers made arrangements to pay a visit to the place. On
their arrival at about half-past four o'clock on Friday
afternoon, they proceeded to the first floor apartment, and
opening the door they saw the male prisoner at work at
a bench, making base cain. He had a file in his hand
finishing off some shillings. On seeing the officer he dropped
the file. The female prisoner sat quietly in the room, and
merely said to the male prisoner, " If you had not intro-
duced that party, this would not have happened." They
immediately secured the prisoners, and took them to the
station-house, and afterwards proceeded to search the
place. On the mantel-shelf they found 48 counterfeit
shillings ; in the cupboard, three moulds, two of which
were so made as to cast three and four shillings at a time ;
and, on a further search, upwards of NO pieces of counter-
feit coin were found—all of superior make and imitation.
Also, two galvanic batteries, with plates and jars containing
strong solution, ladles fur melting, queen's metal spoons,
plaster of Paris powder, and all the necessary means
and appliances of their art, the whole of which they
seized and conveyed to the station-house.
Mr. Tyrwhitt decided on eventually committing the pri-
soners to Newgate for trial.

hi ARYL E BON E.
Peter Asher, an omnibus driver, was fined 20s. for cruelty
to his horses. Lock, 606, who witnessed his conduct, said,
the omnibus broke down with • load of more than thirty
passengers, and that the defendant whipped his animals in-
cessantly for three or four minutes.

LAMBETII.
Patrick Cane, JoAn Hickey, James M'Elligatt, Dennis
Harrington, William Fahey, William Burke, Edward
SAana&n, Thomas Lynn, Thomas Burke, and Edmund
Slattery, who stood charged with the murder of Henry
James Chaplin, a constable belonging to the L division,
were again brought up for examination. There being no
new evidence, and that already received being held to affect
but Cane, Hickey, M'Elligatt, and Harrington, those pri-
sonerswere remanded, while the remainder were discharged.
SOUTHWARK.
Car, 14 years of age, was charged with breaking into
the house of Mr. Edmond Ralph, landlord of the Queen's
Head, Freesehool.street, Horselydown.
Policeman William Thruseell, 148 M, stated that at half-
pam 2 o'clock that morning, on passing the Queen's Head,
he observed that the glass fan light over the private en-
trance in Short-street was broken, and an aperture made
saMciently large to admit of a man's arm. Knowing up
te 12 o'clock the same night that the glass was perfect, he
asrred that the house had been entered, and ho knocked
door and listened, and distinctly heard footsteps
within, but received no answer, upon which Ye rang the I
boom bell, and aroused the landlord. They instituted an
examination of the parlour, taproom, bar, and other parts
at the lower pert et the hour, but failed in discovering any
=Magip~eaai, at Meg* they iwoceeded to the front of the
e, maw et whieli *sod on empty puncheon, under-
midi whisk the We next the floor being out, the mi.'
sew bad eennehl Waslf ; and when discovered he II-
Inlet he pt into the bowie before 12 o'clock the night be-
km.
haa mg bad bid himself in the puncheon where he was

nr-h prisoner had only just come out of the House of Cor-
elius. He was remanded.

7ARY

GITAT METROPOLIS WATER BILL. OMMNSAL
AMALGAMATION OF WATTS Coortom.—This big pe-
rms to provide a better supply of water to the nastreve Z
that and ter th to unite into one
peals the New River Company, the Ealr=atiter-
weeks Camoop, the Lambeth Viater.woelo Oeanjw%daies:
Chao Wahowerks, the Grand Junction W
the Ent Wathroirorks, and the Hampstead Waterlorks,
nada the lide w" The Metropolis Water Company. The
sevitel to emit. at one consolidated stock, the old maw
aim ea be &waived, with powers for the treasury to par-
Ohm a the poverty, works, and righta.
ROYAL AIM/MIT TO RAILWAY BILIA.—The royal meat
ire boo given to the Bangor and Cimarron Railway,
.4111.1wida's Dm& Railway, Stockton and Darlington,
Wear and Rano Railway, and Bristol and Exeter
Railway, Bills.
GALT NONTMNIN RAILWAY.—The committee on this
a bill for communication with the Manchester,
end Lincolnshire Railway, Grimsby Harbour
Lath sad station at Shefteld, have declared the preamble
pond.
WATERFORD AND RILILIDINT RAIILWAT.—Ta• preamble
et this bill for sal or amalgamation and other powers, is
proved.
CON/1 AND WATISPORD RAILWAY, AND KILLARNEY
Joon= RAILWAY.—The preambles of these bUb are do-
olredßat=lawit eall of 21 per *are to
fikallilaMllliee les bees belated payable by the drew
life mew.
"mi.=