The Express.
London, England, 1849-12-25 00:00:00

THE EXPRESS, TUESDAY EVENING, DECEMBER 25, 1849.

outing the payment of 2211. for fees, endieg Michaelmas,
1848, with the mould of them es due to Sir Henry Campb•
Bloasm, attorney for the plaintiff, produced the deed
of revocation. Saw it • xer uteri by the plaintiff. Called
to
defendant with it on 21st November, 1848. He delivered
it to the &bodes% and showed him the appointment of Mr.
Belem as deputy prothonotary, who was present, and do-
mended to set. Defendant said ha should consult his
Bell attn.
nay. He afterwards attended the court, with Mr. amy,
oa the 24th November. Defendaat was then. Mr. Brent,
the steward of the court, prodded. was Bel applied to
act and was refused, and defendant bee continued to act.
Croasiesamined—Tbe plaintiff was a general officer, of
eondderable qn. Us was appointed in 179/. He had never
attended is the court. Us was tancernod in different sons
of setionsmilitary salons. He did not know Mr. Bellamy,
Hs requested witness to select a deputy. He(witases)selethell
a gentleman who had bean an amorists of the Oxford
Circuit. He rather selected him because he wss
unacquainted with the practice of the Palace Court.
He coasidend he would One tadarelstance of the
woul clerk',
who had been there many yens, he considered he d
be a suificleat deputy. With. ea was proposed as deputy
conjointly with Mr Bellamy: the object was not to get tbe
compensation or the tholition of the court. He considered
there was no compensation payable to the deputy. There
was no talk, to his own knowledge, es to what Hewlett
should giveif he maenad. Mr. Brent said before admitting
him be should judge of his proficiency ; asked bins ques-
111ocs ; if be was acqthinted with the practice of the
seam Bellamy said he was not. Bellamy said
be had been recommended by his medical man to
give up his business as an attorney. Mr. Brent said es he
was unacquainted with the practice of the court, be would
not appoint bias, mad shoold do as was dcus in 1812, and
appoint Hewlett. The defendant informed witness he held
the appointment of deputy prothonotary from Sir Henry
Campbell.
Richard Hawkins, law clerk of the Comrshioners of the
Treathry—liad received an account of fees irons Mr.

Eats) futtritgente.
COURT OF QUERN'S BENCH.—TltnntindT.
Immo AT NM Pmts.—Berens Mi. JUNI= ESL{.
AVIAN v. DnaW.—FALSZ
84 F. Thesiger sad ldr. Lush appeared for the plaintiff
and the Atterney-Gesersl, Mr. Crowder, and Mr. Montague
eolith for the defendant.
This was an action brought by Mr. Allen, an agricultural
and menufactaries chemist. living at Bow.common,
MT Drew, of the firm of Drew end Hayward of Bush.
lane, City., wholesale druggists, kr false impriieeniont, In
Mein given biro in *harp te • paleness, contned him
in the station house, aad taken him before the
Lord Mayor on • demo if having received a
cask of saturate of soda loom*, it to be stoles;
and also for a trespass in entering the plaiatire gon=
house, sad taking away his bo-ani. The plaintiff laido
damage in the declaration is, Nag to kis business and his
health. The facts were detailed is the following 'Tideless.
Frederiek White Bseadess, sitereary to the City psis%
Frthe chart
_is-sheet.
William hisses Mitchell, inapsetsr of pollee, sew dame.
dant sign it at Bow-lane statism. Drew cams with Allem
and the policeman. (The charge was reasivieg a ca
Carteret, of soda, value 161., knowing it to be stolen.)
Josiah Harris, clerk to plaintiff, Was la his employment
be Sept.. 1848. Had been so seven months. Dnw aa Sego
ward Were customers of Allele wise was • u
chemist. They dealt largely with Allen. W maioas ia the
of calling for arden two or three these • week. Al.
ways rrceived the orders from Tenon the wareissum
sun. Remembered Allen ressivlag ea order foe • eash
of tartarats of soda from Bristol frees Mr. CM amass.
(The letters relating to the eider were read.) Made sm
eppliestioo to Ferrets by desire of Allis. Asked him II
Allen had asked the price of tertarate of soda. He said.
"Tee." Witness said he wanted a cask. Ferran said be
weild write by that night's post and have it forwards&
He said, "Do you know the pries I" Witness said I be
Hive yea said We. net. lie replied, "That is the pries"
Witness ordered the cask. He wrote to Clements en the
'ablest. A letter was sent to him by Ferran asking Br
payment 0161. The amount paid by Clements was Me
The price in the market avenged 60e. Hs paid Formes
61. Hs told him to send the cows to him, and he would
tell him when to go. He seat the carman the day after the
61. was paid. He did sot brit., it then. He wee seat •
day or two afterwards agate. Wi•nees bad seen lavers ia
the interim. Tao airman was sent a third time sad then
brought the cask. It was sent to Bristol. He paid Perron
OA the 16th of October 61. more, and on the 21st of October
61.95. Hs asks d Ferrero for an invoice. Never got one.
Yemen said U he knew where it was he should
lose his commission should say purchase be made on a
fatale occasion. Remembered Allen being apprehended on
Ist March, 1849. After that Drew tame to the factory with a
policeman. Drew said he had taken Allen into custody for
receiving a ask of tartarata of soda, knowing it te be stolen.
Witness said,' I'm surprised at that, as sure Mr. Allen
would have given every explanation in his power." He them
gave an account of the matter. They searched the fernery,
and took away the books. Witness sew Allen in a cell at
Bow-lane station. lie was very agitated. Allen had nettle(
to do with the transaction. Witmer attended at the Man-
sion-house. This was after the officer had been at the fac.
tory. He attended on the second occasion. There was no
examiaation of Allen's witnesses. Witness procured bail for
him on the first occasion. Allen suffered much in body and
salad. He was taken ill in the justice.room after his dis-
charge. He was ill and kept his bed for some time,
attended by a medical mar.. Messrs. Pries and Clifford were
brokers. Ou Aden's being apprehended, they pressed for
payment of their debt. Allen had contracted to supply a
company with manure.
Criss examined—Albin told witness he had spoken to Fer-
rero about the soda. It was the day he received the order.
Sometimes it was the course of business to receive a weight-
rota. Allen kept books of goods he purchased and sold.
Witness entered the payments. He had ne invoice, and
could not enter the transaction in the books. The weight
was about four or five owe No entry was made of the
weight. Two owl. was seat to Olemsate. Did net know
whets the residue went. Ferrero was is the service of
Drew sod Co. Witness was not at hie trial at the Old
Bailey. Did not hear of his conviction from Allen, or any.
thing about it. Did not toll him " Ferrero had stolen this
cask." Did not ass the cask. Should not know the differ-
*nee between a town and country cask. Had nothing to do
with the factory. It was not usual to pay by small instal-
ments ; but when the weight was not complete, part would
be paid. If the party wished for part on account, it would
be paid. Did not know where the cart was to go to for the
cask. He told the carman to go to Drew's. Did not ask
him. Did not learn from him that be POW from Drew's.
The policemen did not tell him that Allen and Drew, in his
presence, had investigated the circumstances. Got the books
beck some days after. Went to the police officio. Was not
certain if he told the magistrate he could explain the matter.
Re II Imined—Allen's business coffered from want of the
books. A person called to pity an account, and it could shot
be paid for want of the books.
William Tutus:, the carmen, remembered is September,'
1848, receiving directions to go to Drew's for a e.ask. Saw
Ferrer,. Asked him for an order for the cask. He said it
had not arrived. Went a second time, and third time, when
he said " the cask was ready." It was brought out and
loaded. It was In the middle of the day. Drew's servants

Sir F. Thaler objected to this, a public document, being
received in a private suit.
The Avorney-General mid—Here it is : the other is a
question between Hawkins end the Lords of the Treasury.
It was pot 'n and read, nod stated the fees received as
deputy prothonotary, secondary clerk of the rules, &c., as
stated above.
A letter from defendant to the commissionen, of Bth Au-
gust, 1849, making claim for compensation, was put in.
A return of January, 1848, was put in, which showed the
of then in existence and the distribution of the fees.
Joshua Element, clerk in the Pelage Court fourteen
years. When he was first clerk he w.s cot aware of such
an dace as Noonday clerk of the rules, taxing rt9cer, clerk
of the court, or clerk of the summonses. The prothonotary
was the officer who did all the business dons under these
names. In the end of 1848 a great deal of !miners was
done. The defendant reeeivedlees. He never received any
fees for Hewlett The attornies paid their fees weekly.
He had seen fees paid to Hewlett.
This was the plaintiff's case.
Sir F. Thetiger submitted there was no case for the
plaintiff. The particulars of demand only stated
that the action was brought for fees from No-
vember 1848, the amounts of which were not
in the knowledge of the plaintiff the fees being
due to him as prothonotary, and received by the de-
fendant as deputy prothonotary, after revocation of his
office. The claim was that of the prothonotary to the fees
of the deputy prothonotary, which were proved to be die
tient ; and there was no proof that the defendant had
received feet for the prothonotary, and therefore there was
no evidence to sustain an action for money bad and

received.
Mr. Justice Erle—ln some appointments of this kind the
deputy is a distinct officer, created by the charter ; here
that is not so.
Sir F. Thee: gee—lt was the duty of the plaintiff to show
that the fees were legal fees, that he was °add( dto them,
and thirdly that the defendant had received them, none
which had been proved and therefore there must be a
seunit.
The Attorney General contended that the defendant
mild be misled by the particulars. In point of law no such
thing as a feet* a deputy, unless created by charter, and
the fees were only distributed by agreement and when that
war revoked they became the fees of the principal. The
defendant, who had given an account of the fete, could not
now say they were illegal. The receipt of the fees bad
bun returned to the treasury by the defendant.
Mr. Justice Erie was of opinion that it must be shown
that the defendant ractical all the fees.
Mt... Willoughby, one of the attorneys of the Palace Court,
proved that the fees were paid at the prothonotaries' office
weekly. No ether fees wese paid but those receivable at
that offsets. Re knew nothing of the sub-division of the
fees ; ss. 4d. was paid for a judgment, and 2s. for leafing a
writ. He paid his fees in November and December, 1848,
and January, 1849, in the same manner as he always did.
He paid about 151. or 201. a Ilea for tees.
f. Justice Bele was now of opinion that there wee aid.
deuce that the defendant had received money for the pro-
thonotary. The same evidence would go to show that the
defendant had also received the fees of the deputy protho-
notary.
Mr. Willoughby recalled—Had been 35 years an attorney
in the Palace Court. The deputy prothonotary in 1812 was
the defendant's father. Mr. Cruchley was the one before
him. Was not present in court when Mr. Crucbley wu re-
moved. The court was like whist the Common Flees when
there was a prothonotary and second& r i ~, who were subor-
dinate, but bad a separate office ; but in the Niece Court
the deputy prothonotary did everything in his office.
It war arranged that a verdict should be entered for the
plaintiff—damages one shilling—with leave to the defendant
to move that the bill of particulars did not permit the plain-
tiff to recover money for fees due to the prothonotary. On
the second part of the eau vetdiet for the plaintiff—damages
one shilling —with leave to the defendant to enter the ver-
dict fee him on the ground that to is entitled to receive the
fees due to the deputy prothonotary.

bpd
des-kimexamined —Took it from the warehouse. Did not
know the difference between a town and a country cask
Helped to weigh what went to Clements. The rest remained
at the factory.
Daniel Morgen—Clerk te Mr. Humpbrey's, the soiledo
who was employed to defend Aller at °oddball. Propand
a b:iet for Mr. Clarkson, who attended twice. The bill was
121. 18s. Bd.
Peter Adzill—Was one of Allen's bail. Waited on Drew
end Hayward to ask if they would oppose bail, who said
they would to the utmost. In consequence he retained Mr.
Clarkson, end paid 31. 6.. 6d. Applied for and could not
get back v e books. Had been applied to by Allen to lend
him 2001. for a contract. Refesed to do so while tee charge
of felony was hanging over him. Had been in the habit of
advancing him moat y.
Mr. Bailey, surgeon, attended Allen alter ha was appre-
hended. He was much depressed in spirits, and Lis health
had suffered very considerably from this matter. His bill
wee 41. 18e. 3d.
The Attorney General addressed the jury for the
defendant, in mitigation of damages, end admitted that the
plaintiff was entitled to the money he had expended in de-
lendem hirneell from these charges, being 21.25. for the bail,
the attorney's end doctor's charges; but these were all,
B was admitted :he defendant had only acted hastily end 'a-
ndel/keenly. It was ;not proved, as alleged, that be was
semeted and taken through the streets by a polio man ; but
the policeman was not called because le knew ell the facts
Ferrer, had been convicted frr this very transaction, and it
was clear that Allen had at least dealt irregularly with him
when he was only Drew's servant • and there was no entry
of the transaction in his books, which were circumetences of MARYLEBONE.
suspicion, and would fairly have been the sueject of it quirt'
zbOHRERY AND ANAGLT.—UanieI Griffin we. placed at
before a magistrate ; and the only complaint against brew
the bar charged with the full riving outreoe end robbery :
was that he had has given the plainiff in charge to a
On Saturday night, as Mr. Thomas Brown, residing in
pelicemar, and as te the expenses incurred is this proceeding Ferdinand-plan, Hampstead-road, was proceeding towards
the plaintiff was entitled to be reimbursed ;but be could nut
hone, having with him half • pint of gin in a bottle, he was
claim any further damages for that which had been
accosted by the prisoner, who swore he would have a drop of
attempted to be proved, as special damage would equally
the spirits, end endeavoured to seise hold of the bottle. He
hare arrisen had an inquiry been held more regularly before
at length took it sway by force, atter knocking complainant
a magistrate. down end threatening to kneel his eyes me. He
Mr. Justice Erle, in summing up, told the jury that If
(complainant) then went to the lodging of the prisoner, who
there were circumetances of sus- icion against • person, sue
is a near neighbour, and on requesting that he would return
• men obtained • warrant from • magistrate to erred, him,
the property, prisoner again felled him to the ground and
he wee not liable to an action ; but it was otherwise if he
kicked him severely ; his wrist was sprained by the fall,
gave him at nice into custody. It was therefore for them to
jandur, ieleddition to his head being cut, his back was much
consider what damages the plaintiff was entitled to under
I the circumstances of this ease. The magistrate fined the prisons?, who at the period of
Verdict tor the plaintiff—damages, 1001. the outrage was drunk, in the full penalty of 61. ; in default
C AAAAA LL o. BZWLITT.—THE PALACE COURT. of payment, to two months in the House of Correction.
The Att. rney-Genera!, Mr. Cowling, Me. Pentock, and MARLISOROUGH-STREET.
116. C Cheek appeared for the plaintiff; and Sir F. Tnesiger, Tux CHAU°, or FORGINO • 1,0001. BILL or Ex-
ile. Conic, and Mr. Chapman for the defendant. CHANOR —Louis Joel, jeweller and bill-discounter, No. 3
This was an action for money bad end received, Little Argyll-sweet, who stands charged with having forged
beeseht by Lieutenant-General Sir Henry Frederiek a 1,0001. bill of exchange, the hill falsely purporting to have
Csaibell, in his character as prothonotary of toe Palace been drawn by John Marcus Clemente, E.g., formerly of the
Court, against John Croueher Hewlett, the deputp•protbo- 13th Dragoons, was brought up pro frma, for the purpose
'wary, to recover the amount of certain fees. It appeared of being further remanded till Thursday next.
by the case fur the plaintiff that Mr. Hewlett, who assumeo Mr. Jones, soliciter, of No. 9, Quality-court, the legal
te be the deputy-prothonotary of the court, had made • large adviser of the prisoner, begged to be allowed to make • short
claim to the lords of the Treasury for oompenseti n on the statement with respect to the delay in secs dog bail for his
ebotition of this office, together with those f seenndert clerk client. Oa the loiter eceation Mr. Maybe= declined to
of the Rules Tashi. Office, clerk of the court, and clerk of take bail on the ground that the amount advanced on the
the summonses, the fees of ell which offices were reptile to instrument elltged to be forged was no considerable, he
the prothonotary, and for which the deputy-prothonotary shou d not like to incur the responsibility of admitting the
woo ecconntebet to him. The court was estehlishen prisoner to bail, but should prefer that the application be made
by charter of Charles 11., by which the fol. to one of the judges. The eugnstion had been acted upon,
lowing officers, to whom fees should be payable, and an application bed recordingly been made to a judge to
were appointed : the judge, prothenoney, f cone- amit the prisoner to ball. His lordship ruled t!•at he had
eel, sit ettennies, ane teepee of the prison, Gee turn- no power to admit to bail until after committal. He, there.
key, and one crier of the court. Sir Henry Campbell fore, would not press the question of ball further now.
wee appointed to the office of prothonotary many yeah ego, The prisoner was then ordered to stand further re-
sad the duties were executed by deeuty. The pr. sent de. till Thursday next.
fondant was • Rule and spirit merchant, and the sor of the WESTMINSTER.
late deputy, who had been duly appointed, hut h d bland( ee.ATENIIIVZ MonIIERT ET • BOTLEIL—Edward Burgess,
never been leesly appointed, but even if he had his at point- E
late a butler in the establishment of Mrs. Lawrey, of 16,
ment had been avlemely revoked bya deed of 'evocation in ccal„.„ndare, B,mgruc, was charged wish rharandlig
from that lady's houee, and stealing a quantity of valuable
the year 1848. It had been pretended that the charter gave
the right of appointment of the deputy predicator; te the
judge, but even re so that we, he was still ectotntable to p
a•
ne prisoner admitted his guilt, end was remanded.
the prothonotary for the fees. On the 7th November,
1848, the defendant delivered an account to Sir SOUTHWARK.
Beery Campbell of fees due to him up to STEALING BREAM—Four powerful end healthy-looking
Michaelmas of that year, amounting to 2211. Mr. young fishwomen were charged with steeling two quartern
Bellamy was appointed deputy prothonotary by Sir Henry loaves from the shop of Mr. Golds, baker, King-street,
Campbell, but the judge had refused to admit him to the Sauthwark.
'ace, and no account had since been delivered. By • recent Protecutor stated that on Saturday night, • little after
set of parliament for the abolition of the court, one counsel seven o'clock, the prisoners suddenly entered his shop, and
and SUWON% hiving purchased their offices, were allowed two of them seized two quarlern loaves end divided them
wthirneanon for the lam of their legal fees, hut nor or ttese among the other, who commenced devouring the bread.
I fees enamel's% on the due form of business ein• gerat ten '1 h:y ell ran out of the ship, when he called a police con-
the establishment of the swell debt courts. Mr. Howlett stable and gave them into custody. Witness informed the
had made a claim for compecsatien on his fees eveljug in the magistrate that during the last month he had lost upwards of
year 1849, stating that he had received as depu y prothono a hundred loaves, end unless he was protected by the law he
ant 7811.85. 24. ;as secondary. 8901. ; es ere rk of the ruin, would be completely ruined.
8321 45.; as taxing officer, 731. 45.; as clerk of the c-urt, In defence, the prisoners slid they were starving, end
2161. 11s. • as clerk of the summoeses, 3141. 16. Si ; took the breed to appease their hunger. They had applied to
8.0801., thero bring in fact no such *Sta created the unions, but the authorities plus. dto theist them or give
by the master from the secondary downwards Sir them food.
Haney Campbell alleged that having rev kid the Mr. A'Beekstt said that they must not commit felonies ;
appointment of the defendant all these tees were and as they seemed to have stolen the bread to get to prison,
illegally received by bim, and what h" had ren ived he should commit them for 21 days each to the House of
had been in the character of deputy proth away, and for Correction.
them he must account to him. As it was only interded to PROVIDINO FOR CHRIATMAIL—James Young, • middle-
try the question of the right to the office, the plein iff wily aged Mon, was charged with stealing • goose from • shop in
claimed something fess than • quarter's fees re- the New-cut.
ceived by the defendant es deputy pewter otsry, reserving On Saturday night, a little after 10 o'clock, the prisoner
his right to have • full sec ant given to him elsewhere. was ten by a constable to approach the prosecutor's shop,
The charter was nut in. and while the young men was engaged with a customer, he
A letter from defindent, of 7th November, was put in, snatched up a goose and ran sway. Witness permed him

JUDGES CILAMBERS.—YESTERDAY.
BICTORI Me. JUPTICII WIGHTIIAN.
THI QVINN T. LAIDLINT, MATSU, AND OTNERS.—THE
ARGYLL Rooms.
This was a renewal of an application for a writ of proce-
dendo to remove back to the Central Criminal Court, from
tie Court of Queen's Bench, the indictment against Vie de.
fondants, for keeping a public place, called the Argyll
rooms, for musk and dancing, in Windmill-street, Hap
market, without being licensed to do so, under the atatut
2.5 Geo. II , e. 36.
The learned judge having gone through the affidavits, and
tke statute under which the proceedings were taken, said he
should decline to n eke any order in the matter ; but as
there were one er two points of difficulty involved, he should
refer the parties to the court.