The Express.
London, England, 1847-06-15 00:00:00

COURT OF EXCHEQUER.

Nom Panora.—Before sir P.Pollors, Cif., and •Couinion Jury.
The business of the court for the present afteraittings is
rather heavy. The printed list contains the names of 132
mar" of which eight are revenue causes, three at the in•
Maas of the customs department, and five at that of the ex-
cise. There were 64 special jury causes entered. but ten
were struck out as settled, so that there remain 122 paw
for trial. The following was the only one which posseased
any degree of general interest.
WALToN O. WINIES.—CAUTION TO THR KREPRR3 OF
Vicious Dooa—This was an action to recover compensa-
tion for injuries enshained by the plaintiff, who was bitten by
the defendant's dog on the 28th of November last. It ap-
peared that the plaintiff, who is a working shoemaker, went
to the shop of the defendant, who is • baker, early in the
morning of that day for the ....urpose of purchasing a loaf
of bread ; while standing in the shop, the dog, who had
' previously bitten other persons, attacked the plaintiff, and
bit him severely in the right leg. So serious were the effect..
of the wound, that he was obliged to obtain surgicsl advice
at St. George's Hospital, where he continued an out-patient
from the nth of December until the Ist of February last. Lie
waa capable of earning between fire and six shillings a day,
but was incapacitated from doing any work for the entire of
that time. The defendant, having been informed of the
plaintiff's sufferings, first offered half a crown, and after-
wares a sovereign, by way of amends, stating at the same
time his regret fur what had occurred, but both those offers
were declined ; and on the 20th of January the plaintiff's
solicitor wrote to the defendant, demanding 201. es the lowest
I amount of oompensWion that would be received. Ao offer
of 21. having been made and declined, the present action was
then commenced, to enforce the plaintiff's demand. Those
facts having been proved,
The Lord Chief Baron told the jurythe first guesti^n they
should consider was, whether the defendant knew that his
dog was fi rocious and dangerous. If they thought he had no
reason to believe that the animal was en, and that the plain-
tiff was bitten by it, the defendant could not be held respon-
sible; fur it should he considered as an unfortunate accident,
the result of circumstances over which he culd have no con-
trol. If, however, they believed that the defendant had
reason to know the character and propensities of his dog
(and they had been described by two witnesses who had also
been bitten by it), be should have taken means to prevent
the injury inflicted upon the plaintiff, and, as he had neg-
lected to do so, he should be made responsible for that neg-
lect. —The jury returned a verdict for the plaintiff, with
101. damages.
Customs and common jury eases will be proceeded with to-
day and to-morrow at the sitting of the court.

JUDGES' CHAMBERS.
Before Mr. Junior Coleridge.
BUNN O. LIND.— COMMISSION TO ETAMINEI WIT-
NESSES ABROAD.—In this cause, brought by Mr. Bunn, of
Drury-lane Theatre, against Mdlle. Jenny Lmd, to recover
compensation in damages for an alleged breach of contract,
a summons was obtained at the instance of the defendant
calling on the plaintiff to show cause why a commission
should not issue to examine witnesses at Ilerlin, and why,
in the mean time, all proceedings should not be stayed. The
summons was granted on Saturday, and Mr. Lewis now
attended for the plaintiff, to apply for an adjournment of the
summons fora period of three months.—Mr. Justice Cole-
ridge : The parties whom it was wished to examine might
die in the meantime.—Mr. Lewis said the action had been
set down for the adjourned sittings after the term just ended,
but there was no probability of it being tried until the sit-
tings alter next term, and therefore there could be no imme-
diate necessity for a commission. The plaintiff, as his lord-
ship was aware, would have to join in the expense of the
commission, or he could apply for a sepera'e commission ;
but it was thought advisable, seeing that the cause could not
I be tried for some months, to apply for an adjournment of the
application for three months; and for this additional reason,
that the celebrated composer Meyerbeer, whom it was pro-
pmed to examine by the commission, wee confidently ex-
pected to arrive in London in time to be examined on the I
trial of the action.—Mr. Jennings, for defendant, complained
of the delay mentioned by the parties on the other side.
He (Mr. Jennings) had applied for the commission as moon
as he possibly could. It was requisite for the defendant's
case that the Earl of Westmorland, her Majesty's envoy to
the King of Prussia, and the composer Meyerbeer should
be examined ; and, as his lordship had observed, if the pre-
sent application were delayed for three months, the defend-
ant might be deprived of their evidence—His lordship
' intimated that the parties might be examined, although the
I cause might not be tried for some months.—Mr. Lewis
reminded his lordship that therm was no doubt that one of
the witnesses, Meyerbeer, would be in London before the
trial ; and as the time occupied in travelling from Berlin is
' now so short, the Earl of Westmorland might arrive, and
save the expense of the commission.—Mr. Justice Coleridge
requested the portion of the affidavit showing the necessity
of the commission to be read.—Mr. Jennings read the pas-
sage, which stated that the Earl of Westmorland and
Meyerbeer were resident at Berlin, and had nn intention, as
he believes], of visiting this country ; they were, Mr. Jennings
added, the mrtids to the agreement.—His lordship thought
that no:Ulan-lent ground had been shown for an adjournment
of three months, and, on an 'pollution for time to answer the
affidavit, said he would adjourn the summons for a few
days ; and an adjournment was accordingly ordered.—The
damages in the declaration are laid at 10,0001.

INSOLVENT DEBTORS' COURT.
IN IA THOMAS BAoaoTT BAOHOTT. This insolvent
was in prison at the snit of the Duke of Wellington. He had
instituted a suit in Chancery against his grace and the other
executors of the will of Gem, 111., claiming, as the neat
friend of the self-styled Princess Olive of Cumberland, a
large sum of money, to which he alleged she was entitled
under a will made by her mother. Toe bill was dismissed
by the Master of the Rolls, in October last, and he had been
taken on an attachment for the non-payment of the costs
(641.), in March last, and was, therefore, committed to
Whitecross-street prison, from which priron he now applied
to be discharged from the detainer of the duke. There was
no opposition in the case. The insolvent had inserted the
duke as his creditor, and made a statement opposite his
debt of the nature stated. No inquiry was made. The in-
solvent, it appeared from his proceedings, had formerly been
in the army, and latterly sold coals on commission. He was
ordered to be discharged.

CENTRAL CRIMINAL COURT.
This awl sammeel its sittings yesterday, pursuant to ad-
journment. The sal der contains at present the names of
228 prissmos. Keay of the offences are of a serious de-
scription, them Wag no less than six charges of murder, sad
four of menahughter.
The Reemaist delivered a brief charge to the grand jury,
and the bedemei of the maim waseemmaused.
Juan* Doonivrin.--abhonat kneel, lows Memo,
and Blisabbli Moose, semeurelond to take their hid upon
an indignant had oeshot Sam for a misdemeanor he
tayvill:4lll, lenDaNimartssottribiesa upon the =er Mee',
to retain oemmodog before the grand jury used urea
the trial alio to acensed.—Mr. Laurie candolled the
prosecation hos instituted by the eeereallien of the
eity elf Lusatia. Yam Ballesethe, Payee, ma Meddle-
Mme appeared har appeared diet *el
who dorsibod Moosif es sermat est of *IC
Meinssrle z made amp opiost a person named Phillip Ifee&oo,
the brother .1 or two d*.te of that name, and who
was also related Is Israel, of robbing her in a public house in
Bheolasenad after thou:easels* been investigated at the Guild-
hall Elloe evert, the prisoner was committed for trial to this
ad ham Davis sod the other witnesses were booted
over the semi rosessimmoss to appear and prosecute him_
Davis Must p Mites the grand jury, but it seemed that,
notwithdanding her abeam, they returned a tree bill ; but,
upon the one easing on for trial, it was found impossible to
go on with this
utze in her absence, an.d the prisoner was con-
, and the ruogruzanoes of Davis were
attested. pea subsequent inquiry it turned out that
after the emended of the accused party application was made
to the proem* to keep out of the way ; and it was pprroored
that at the instigation of the defendants she proceeded to
Woolwich, where an apartment had been hired for her, and
Elizabeth Magnus remained with her, and paid all expenses,
until her brother was acquitted in consequenee of the abases
of the proeecutrix. The prosecntrix stated, in the course
of evidence, that when she was first requested to go out
of the way she refused to do so unit. the had the advice
of a solicitor, and upon this one of the defendants took
her to the osioe of a person who was represented to be
an attorney
.named Wooller, in Hatton-garden, and he told
that she might go away if she pleased, and no harm
would come of it, if the matter was left to him, and
she declared that she had acted entirely upon his advice.
The learned counsel addressed the jury for their respective
clients, and called a number of respectable witnesses to speak
to their good character. It appeared pretty clear that they
had not been actuated by my mercenary motive, but
solely by. a desire to get their relative out of the unfortunate
position in which heard involved himself. The Recorder,
in summing up, ode* to the statement of the proeeeutrix
with regard to the advise given her by the attorney,
or the person who regnothelad himself as such, and said that
if the statement was oirrast, that individual appeared to be
es much to blame in the tranuction as the other parties.
The jury kiwi& all tho dlohodants guilty.—The Recorder, in
passing senteees, mid they had been convicted of an offence
which was looked spew as a wiry serious one in the eye of
the law, and although** meet might make some enema°e
for the interest that would naturally be taken by a family
for one of its mumbeel who wu with an offence, yet
it was their dotg to lobe can theneed course of justice wu
not impeded, and that poems should understand that when
a witness wee Wool emir tee a mart of justice to give evi-
dence, they veld not normthou and prevent them from
doing so, without subjecting themselves to puniabmeat. He
then ordered the two male dehedeats to be imprisoned in
Newgate for two months, and sash to pay a fine of 261., and
the female was ordered to peg a In. of 101.; and all the de-
fendants were further ad** to be kept in custody until the
fine *should be paid.
In the muse of the day the Grand Dake Constantine
came into the court, attended by some of his suite, and took
his seat spa the bench. His Highness afterwards u went into
the New Cowl.