The Express.
London, England, 1848-11-07 00:00:00

THE EXPRESS, TUESDAY EVENING, NOVEMBER 7, 1848.

ship tassialtPussyy aseistMgri sok ether is (Mantes a
iled ewe, I
what the Wag diset e pereiskes sa he
the Pee kip& es shoats ali supply, dad treat
ibises is gams Oak skew she NIS writhed ia
eadsavoesing Means the berbeer. The illeihndast Osaka
that as Alp led hoes eingleped es eery eseasiess, mad I
damn wpm the theme speolAed mhos the laseranse
fee Ile views was aseted by whisk the risk bad &ea
kiensessi, sad the len, is lattieheasit boss eastsiaod. Tbr
issimi rake I epos this pea wee d ice the ikkadsne, sad
Kr. &dew sbee acne awed fee a rale to show ewe why
the nails should we be set sad*, as the posed thee it
was against the .visa((, sadescephalateel die feels withal
were peodsold os the trial. The coon were of opiates that
the lazy weld sot bast arrsTed at say ether cottelasion epos
the evidence that to tad a verdict for the aasadest, and
the isle was aeseedisity renised.

BAIL COURT—Yasmtansx.
*bap la esalo.—iseetre Mr. furies rattans.
SCRITIN a. Damao*. Paolliattloll TO TX{
COMITY COU/ST.—Mr. Lush moved for a rule to show rause
why a writ of prohibition should not issue. directed to the
judge of the County Court of Otley, in Yorkshire, to re-
strain *meadow being issued ia this case. The summons
was issued from the Coaaty Court na the 15th of June, for
W purism to spear out the 29th. Particulars Wen delirlred
WWI 611 aammeaa, I. whisk the plaiatiff *Amid of the be-
(radial the sem of 201., bong tie value of a hone. Oa the
24th the clerk of the eourt, on behalf of the plaintiff, served
a sodas ea the defendant, stating that the ease would be
tried by • jury. Oa tke 29th, awn the ems being
about to he tried, It was agreed that it shoe*
be refund to arbitration, bet the lubricator teased
to inure agate the sinter. On tho .at mart day, the 31st
of July, rite ems was tried by the judge rime without a
jury, and jadgmerat given for the plaintiff la the absence of
tbe defendant. An application was afterwards made to the
court that the an should he tried by a jury oa the ground
that the judge had no jurisdiction to deed; the question at
issue between the parries, and that the defendant had never
bad nodes that the arbitrator bad refused to am. The
learned masa now contended, Met, that as akin, had been
summoned the jade had no authority to give jedgment in
W ease ; and, secondly, that the nee wee out el mart. Bythe
the 9 10 Vim., sap. 95, see. 69, it was provided that
judge of the meaty court should deneradao all questions of
Mse et well as law, %MINS a jury should be summoned, in
which at the jariadimion of the judge was excluded.
Cider these circumstances, the learned counsel submitted
that hat esti** to a rule.—The mart granted the

appinoom.
Tan QUIBIN v. SI:MAIM—A SOLICITOR CHARGED
WITH STEALING A Reva-noon.—Mr. H. Hill moved, o '
Maid of Mr. Addams, • solicitor at Totals, for a on-
n
tiorarl to briny/ up into this court an indictment preferred
against hiss for stealing a poor-rate bask. The chows
stances of the ease were shortly then. Mr. Addams had a
client who was anzious te appeal against a peer-rate ; sad,
for the per
hat of prepariag the neiceseary doeumeats, it was
requisite that he should see the overseer's ratnbook.
Accordingly Mr. Addams called upon the overseer ;
that functionary, however. was not at home, hav-
ing gone to Torquay, but his wife informed Mr.
Addams that her husband had the rate book with his. She
thou gave bias an old rate book, which Mr. Addams took
away with him. Upon Mr. Addams calling again the over-
seer charged his with stealing the rata book. Mr. Addams
by his afidavit swore that he had never ens the rate
b book,
at
Proceeds's were instituted before the =mist/nes,but
the last quarter sesame they had not come to my dechiou.
An indictment had been preferred, and Mr. Addasna was
desirous of having the aristanos of vainest tonnes' at the
arises. The allidavit also stated that the matter had been
ouch caavessed in the newspepsn, and that a stroas_preja-
dice existed against hin.—Mr. Jollies Tattoos Take a
rule alai.

COURT OF COMMONp
PLRA.uS.—TISTWIDLI.
*Shi nm
COST IL NOSIPSX RaiLway C lirruax rr
Devout Os RAILWAY SHAMS —This settee, tried before
Chief BOOS Pollock, lag Surrey "sines, was in assumpsit
for mosey had and received brought against the Nor-
folk Railway Company, to MOM back deposit meney paid
by plaintiff to the company on shares, which shares were to
have borne a guaranteed interest of 61. per cut. out of the
unplowed. noon compeny ; and the plaintiff rested his
right to recover on the ground that no such shares were ob•
talsedby him. It appeared that in the session of the year
1646, the Norfolk Railway Company and the Waysney Val-
ley sad (heat Yarmouth Railway Company (the latter
company not yet having obtained an act), went to parliament
for a line from Great Yarmouth to Dies, but that neither of
the competing applicants succeeded. It was afterwards
agreed between them to amalgamate, and sojointly to promote
aline from Reedham to Dili, sad an order to raise the funds
Co the new line it was fumed that the Norfolk Railway
Cowpony shoold create new Awes in their undertaking to
bear • guaranteed interest of 61. per
thest without any
forth.' Interest in the general mown, seripholders in
the Waveney Valley Company to be entitled to take the
guaranteed shares in fazeltange for their scrip upon their
signing the parliamentary contract for the substituted
eme ; and credit was to be allowed for depent money
already paid. Ths plaintiff, a seripholder in Waveney
Company, signified MI readiness to take shams in the Nor-
folk extension line fa ezelangs for his scrip, and sword-
ingly paid 30e. deposit upon 646 shares, and 'Pan the
parliamentary contract. By that contract the
Rai-
way Company engaged to apply for the new set, and to in-
traduce therein a clause incorporating the subscribers of this
undertakiag as participators in the Norfolk Railway, subject
to a
et
pr at • fixed rate of 61. per Ont. interest out of
the net proceeds of the company, and " subject also to such
regulations and restrictions as parliament might think pro
per to impose with referents to such clause." The Norfolk
Railway Company obtained an set (10 & 11 Vie., c. 64) for
the new line. By that set, the shame in the extension com-
pany were made subject to ell the provisions relating to the
general capital. and so were put upon an exact equality as to
division of profits ; and by the fifth section it was directed
that the new shares should be appropriated to such sub-
ocribers as had executed the parliamentary contract, the
residue to he disposed of by a vote of the general
meeting. These funs being proved at the trial,
the plaintiff maintained that the absence of all guar-
antee amounted to a total failure of cosaideratioo,
and therefore claimed to have his deposit money re-
turned to him. The learned judge ruled that the
plaintiff being entitled, under the sth section of the set, to
hi, shame, had got something, and therefore could not re.
cover as upon a total failure of consideration ; and, secondly,
that the fast of the shares of the extension line not being
made preference or guaranteed shares, was within the scope
of the clause above cited in the parliamentary slowed, by
which parliament was to impose its own restriction.. The
plaintiff was in consequence consulted. Mr. Sergeant Shea
now moved to set aside the nonsalt, and fur a new trial, on
the ground that the maws of the learned baron was on both
points incorrect—Rule Mai granted.
Ponca O. WHITS.—COUSIT COURTS ACT.—Mr. Sera
jeant Wilkins applied on behalf of detwdant for leave to
enter a suggestion to deprive the plaintiff of his costs in this
cue, under the 129th section of the County Courts Act It
was an action on a promissory note, tried at the Warwick
Aesizes, in which the plaintiff had recovered a verdict under
201. The affidavits showed it was a use which ought to
have been tried in the county court of Stafford, where the
" cause of action arose." The simple question was whether
bills of exchange and prosaiseortnotee were within the juris-
diction of the County Court. Upon this point a doubt had
been suggested by this court, bemuse of the old doctrine,
that bil of exchange were aniline loci. But the Court of Ex-
chequer, in " Butler it. Coral" (17 Jurist). seemed to think
there could be no doubt upon the subject—Rule nisi
granted.

COURT OF EXCElRQUEll.—.—YarrunthY.
Sittings In Atom
GOTMOVIL O. BUNIIILL.—" A GOOD VERDICT DT MIS-
TAILI."—FALIN INPALSONNINT.—Mr. O'Malley moved for
a rule calling on the plaintiff to show cause why the verdict
in this caw should not be set @aide, and a new trial bad, upon
the ground that there had been • ati,carriage of justice
rent fr, rum
in.
annul as the verdict recorded was totally diffe
that to which the jury had assented. At the trial before
Mr. Justice Mauls, at the last arises of Ipswich, it appeared
that the plaintiff had held the situation of bailiff to the
defendant, who was elastics of the peace. The plaintiff was
dismissed, but afterwards frequented the defendant's pre-
mised until reprueaudena bad been made by one of the
defendant's servants that eertabs articles were missing, and
that the plaintiff was easpeetei of having removed them.
The plaintiff was thereupon given into the custody
of a policeman by the defendant, but the charge
was subsequently withdrawn For that imprisonment
the present action was brotvbt. The defendant pleaded the
f, alissue "by statute; and it was contended on his be-
the via!, that he was entitled to the protection of the
statutes regulating the proceedings against magistrates acting
beak fide as such. These statutes provided that notice of
proosedUgs should be given to such justices, and no notice
had been given in this case. For the plaintiff it was argued
that there was no pretence for asserung that the defendant
had acted bona fide upon the belief that be was discharging
his magisterial duty, when he gave the plaintiff into custody.
The learned judge, however, left it to the jury to say whether
they thought the defendant had acted under the bonawhen fide
belief that he was merely discharging his official duty
he gave the plaintiff in charge, and observed that if they be.
lieved the defendant was so acting they ought to return a
verdict for him. His lordship then smoked the jury to
assess the amount of damsges ; andi;they found generally
for the plaintiff, with 2Df dasuges.—Aftesr the lapse
of a few minutes the jury again coma into court,
and Wormed the usociate that there had been •
mistake in their verdict as recorded. They said
they expected to have been asked whether they found that
the defendant had acted under the bona fide belief that he
wee discharging We duty whets he cowed the
plains& to la' and it we their intention to
=ewer that In the affirmative. The learned judge
wee int of the frith but he took no notice of the matter,
and the =fire was mewed generally for the plaintiff, as
mislay start Nine wet of the twelve jurymen who tried
11b11 OM Mena; thems=ead it was therekwe contended
that the el liaise be defraud If sue° a vadict
I INS permitted to stead. It err quite opposed to the wishes
of Intentions of the jury.—Mr. Baron Parke: It strikes me
dram your own statement that there CIA be no pretence
be saying the defendant believed be was acting in
the discharge of his official duty when be gave
ve
the plaintiff into eutody.—Mr. Baron Aida:sou
fact seems to be that the jury have given • right verdict bi
inistak.._ (A larch.)—The lend Chief Baron intimated that
he would communicate with Mr. Justice Mauls before the
court would pressmes. any opinion upon the motion.
Tun ATIVENST OaNiza, arm, Dtrfr ON
Binoes.—The Attorney-Generel moved for a new trial in
this case upon the ground of misdirection. It wee an itfor-
nation filed at the instances of the =else authorities. to
re-
amer pawl** he using " duty tree," or stamped brick',

fer different purposes 'rola those 'entitled by vasions eta-
totes neulatind the mitts?. The case was tried below, the
Lord Chief Baron. at the sedan after last Tenn.,
Term, wises a verdict was nunned for the defendant
The present application was (said the Attorney-Ger
oral) made, sot let the rattan of pressing upon the
densflast, bat is older that a proper ocranneffiees
should be put spoil the standee securiag the menu
accrelog to the grows from the manufacture of bricks. That
snide was generally alike* to a duty of 81. U. per 1,000,
sad an additioaal duty ed 6 per Best. an the van. It was
bresever, for the peewee of eacesreglag thanks; and the
mend improvement cd laad, provided by 2 It 2 Viet., a 24.
hat « hay free brick. " might be used solely " for the
rests of draining wet sod marshy bade ;" sod It was
ea* prohibited that they should be used for any other
pmepese whatsoever. By 8 alt 7 Viet., e. 78 (a rand set),
feessmalffimite were empowered to make preliminary
fee training certain ha lands in Linsolashire,
leilliri fee
ellemleat meted under those anuaissiosen. It sp.
reasil• Win was built for the purpose of carrying out
the &sleep perhetly, and parapets were erected foe the
safety sad eminelenes of the public. Those parapets were
haul with " duty free " brisk., end one of the question at
lease was, whether the defeadant was jastilled in
'wing them. No less than 30,000 of those brine were
used fa building the parapet' of one bridge.—Tbe
Lend Chief Baron having smelted the convenience at
male/ the metier into a 'modal ease, the Attorney-
' dieserat ask', that course had h le; or iginfilly kneaded, but
=y, seder his lordship's direction, having retuned •
far the illederidant, there might be some difficulty now.
Me SIMm .-.M-
air monad, that although the parapets on
I the Wage 84314 be very desirable and coevenlent for the
ever It, they bed nothing whatever to do with
Baron Rolfe : But if the bridge is necessary
he &asap, the question is whether the parapets are not
ewer
it.—
saissary for the safety of her Majesty's subjects who pass
Tite Attorne-enerthen enmerated the vous
Oil Parliament (eleyvGen in number) relating to the duty
lea bright and tiles, beginning with the 24 Gen 11., chap. 24.
I—A Ws Wei was granted.
Men Taxes, at Memmtemer.—Befere Mr. Baron Hatt and a 'Mac-
on eammos jury.
Funs e. Asonts.-1 Azar/Alt—This case, sot action
he trespass at the instants of Mr. Flies, • tailor, in Frith-
Nese, against Mr. Angell, the sent of the landlord, for
hong adored the plaintiff's manse in Frith street, Soho,
I sod butt hin *ea the possession of the same, wee partly
bend en Ilatnedlay, and reported an our riper of yesterday.
Mr. Martin sow pnoeti with widen* fuo
of the dames that: the plaintiff had abandoned the pie-
mists. Several witnesses wen called, and spoke to the
state of the premises; one of whom, a clerk to the defendant,
stated that six months after the abeadoement by the plain-
tiff the house was let to anther tenant, who agreed to keep
the premise in aouad and sufficient repair. Mrs. Simpkin,
the wife of a policeman, deposed that she was put in posses-
sion of the house on the 15th of December net, and she re-
mained for nearly sin months until a new tenant came in.
There were no articles of any value in the bore. During
the time she r. maimed there no one came on behalf of the
plaintiff to demand pneserion of the premises. Several let•
ten from the plaintiff to the defendant, asking time for pay
ment of rent, were put in • also one dated 10th December, in
wch the plaintiff stated ;hat the bran was in such • bad
slots that his lodgers had removed. He further represented
that be had expended a great deal ci money on repairs ~
sides the purchase of fixtures, and that he could lay out no
1110711 unl. s the defendant would allow him six months' rent
with a reduction in the annual rent —The learned Baron
having summed up, the jury returned a
verdict for the de-
fendant.

COURT OF
Hr.Cosembe BANKRUPCY —Ye.earzanst.
before Tioner Pan
Re Iluonssoon AND Mactua.—An audit meeting was
appointed in the matter of Rugheadon and Mackay, mer-
chants, Calcutta.—Mr. Lawrence applied for an allowance
to the bankrupt, Mackay. He believed the official assignee
had a considerable sum is hand.—The official assignee stated
that about 5,1001. bad been recovered ; debts to the amount
of 10,0001, had been proved, but there was no doubt credi •
tore would prove tor a much larger sum. The amaignees
to
not objecting to a reasonable allowance, 61. a week was
allowed from the data of the bankrupt's surrender to the
neat meeting.
Before Hr. Comeledeser Shepherd.
Re SAUNDERS AND TINHILL.—These bankrupt., who
were the publishers of the Peop s's Journal, obtained their
certificates without opposition or suspension. The details of
their failure have already appeared In this journal.

INSOLVENT DEBTORS' COURT.—TISTMIDAT.
Maws Ms. Comm Wooer low.
ER GIORGI EDWARD CHURCIIILL.— CHANGE OF ,
Nara.—lt appeared from evidence that the insolvent had ,
entered into business in the name of Guru Edward
Churchill—bad accepted bills as George Churchill, and hid
petitioned and had signed his schedule as Edward Churchill.
The court said it was usual for honest men to let themselves
be known through life and under any circumstances by one
uniform name. The insolvent evidently had some improper
motive for appearing at different times under different titles,
his petition would therefore be diunissed.—Petition dig
missed.
Rs W. WOODOATI, AN ItesoLvmer.—Sir,—On the 3rd
instant you gave the ex parte report of certain proceedings
is the Insolvent Court in the matter of Sir. William "a-sued--
gate, an insolvent debtor, in which my character is unjustill.
ably wailed ; therefore, as a tradesman, whose credit is
dear to him, and whose name for probity and fair dealing
has for many yearn ranked high in NM estimation of the
first merchants of the city, I must request the favour, as you
have given publicityathe charges made against me, of your
promulgating through the medium of your columns, that
ill health alone was the cause of my non-attendance at the
hearing, but that no illness, however severe, shall prevent
my coming forward an the 6th Dec, or any earlier period,
, to clear my name from the obloquy attempted to be mot
upon it. I have the honour te roman, andomno Nnwron,
14, South-sq., Gray'risa, Nos. 6.

POLlCE.—Yieritiftra.
WORSHIP-STREET.Atvaerren Sutural IN TIM
CILLII.—AII attempt at self-destruction war made iu the
eels by • led named George Jervis, 17 years of age, whom
the magietrate had rentanoted to afford time for inquiries to
be made respecting the ownership of a quantity. of
Ile horse-
hair which had been diecoverei in his pueeion. had
only, however, been locked up a few minutes in one of the
cella,when the gaoler opened the door for the admission cf
another prisoner, and found him suspended in the 'genies
ei strangulation by his handkerchief, one end of which he
had twisted tightly round his neck, and secured the other to
a portion el the ironwork in the upper part of the cell. He
was instantly cut down by the gaoler, and a surgeon was
promptly sent for, who succeeded after the hue of some
time in partially restoring him to consciousness, and having
directed his immediate removal to an hespital, he was con-
veyed to the House of Detention.
MAIRLISL:ROUGIi 8 IREBT.—Assar Menkin
was charged with having assaulted Mr. William But-
ler.—The complainant stated that on Saturday evening
he went, in company with a Mr. Brient,
fatalefdant's
workshop, in William and Mary yard, L Palliser.
street, to apprehend defendant's son on a charge of felony.
The defendant no sooner caught sight of him than he de-
manded to know what brought him there. Witness told
him that he wanted to arrest his son for felony. Defendant
then said if he (witness)
did not leave the place he would
" break his neck." Defendant followed up the threat by
striking witness on the nee, and as a finisher kicked him on
the side, and broke • bottle containing • sample of liquor,
which he had in ltispocket Witneathencelledonthe aton-
eable who had accompanied him and gave defendant in charge.
Policeman Webb said the lest witness requested him to go
with him to Mr. Meakin's and take his son into custody for
felony. Wiutems accompanied complainant to William and
Mary-yard, and on making the purport of his visit known to
defendant the latter pushed him out of the place and shut
the door in his face. He subsequently saw defendant meta
Mr. Bader in the manner described, and took him into cue
toder.—Mr. Bingham deferred ris decision, and ordered de-
fenibutt to be detained until he produced his eon.
MARYLBBON.—Benevoterien.—Mr. Broughton re•
quested our reporter to acknowledge the receipt of 21. from
" Major P.," ter the poor
-box of the court.
BOUTHWARK.—Consentact TO DEENA IJD.—A. Moor,
T. Bench, C. Downing, A. Jambe, T. Bates, and H. Hodge"
alias Cep& Hedgeon, of the East India Compton; 'iservies,
wew
re-examined, charged with conspiring to defiaud a greed
number of tradesmen of their goods. In addition to the
charges already preferred against the accused parties, who
appear. to have been 1111 acting in concert for the purpose af
obtaining various descriptions of goods of tradesmen in the
metropolis, and which have obtained publicitp,
ed. a Mr.
Moon, a watchmaker, of Holborn, wee examin He
stated that Moor called upon him, and repeesenting his name
to be Matthews, obtained 6 valuable watches of hint, after
having gives a reference as to his respectability to a Mr.
James Barclay, of No. 60, St. Alban's-terrace, Kennington.
The latter tenon did give a most favourable character of the
prisoner, who, it was since proved, sold the watches
immediately he got them for less than their value;
and both he and his referee absconded, and were not head
of again until Moor was recently taken into custody.—
Mr. Cottinghoun sail that it was his intestine to commit en
the primate /Or trial, and that two of thediestalleffebleMeog
assumed the nature of feloey,while that arthritis sompeedons,
at present, was for conspiring together to defraud tradesmen of
their goods. The magistrate added that, since the last exa-
mination, a communication had been received from Mews.
Walker and Co., cabinet makers, in Hulhorn, describing that
Hodgman gave an order on the firm for 1501. worth of furni-
ture, part of which was delivered at a house in the
Southwark-bridge-road. The remainder would have been
delivered the following day, had not a letter been received
by the firm from a female whom he had victimised,
which had the effect of preventing them from completing
the order.—A Mr. Jenkins stepped formed, and stated that
he had been induced to take Hodgson's aceeptacce to a bill,
which remained dillionour.ff to that day. lie had since
ascertained that Hodgson was connected with • gang of
'windier', and that they took houses, to which they Ind the
property sent, and were in the hatait of referring to their
we:tastes in order to obtain the gooda.—M.. Cottingh m
said that he had letters and papers placed in his hands with
reference to the prisoner Hodgson, onnof which related to
his having made a promise of marriage to a Mrs. Fitsjames,
a widow, and umiak% to settle 6001. a year upon her.
Sergeant Berry stated that he had t een the female alluded to
in the letters to question. When first she met with him he
introduced himself es Copt. Hodgson, of the Bast India COM-
pany's Service, at which period she was in the posses
many
rif
considerable property. ILA induced her to part with
things under the that he would marry her, and he a
father to hor elt a; and when he educed her to a state
of beggary he then abandosed her, r
and left her and hit
children in a state of deetitution. The sergeant added that
he had discovered that the "captain,' at toe very time he