The Express.
London, England, 1848-06-19 00:00:00

EXCHEQUER CHAMBER.

Slltlnae In Error before lord Cillef Justice Wilde, Mr. Ban-,n Parke, I
Mr. Baran Alderson, Mr. Justice Coltman. Mr. Justice Motile, Mr.
Boron Bette, Mr. Justice Crewmen, and Mr. Baron Platt.
The court, composed of the above learned judges, com- ;
menced its sittings on Raturday, to hear cases in error from ,
the Court of Queen's Bench.
Tim BARON DS (louse. TUC QUSEN.—APVLICATION TO
HAYS INS CAUSII AISSTORED TO ITS ORIGINAL PLACE
This was an application by Mr. M. D. Hill on behalf of the i
Baron de Bode, to have the case restored to its original place
on the paper, from whence it had been removed in curiae-
quence of the proceedings taken on the part of the crown,
decided in favour of the IS iron de Bode at the last sitting ut
the court, as reported in the Express of June 7. The
learned counsel urged that joinder in error had not taken
place ice consequence of these proceedings on the part of the
crown, but in con toluene° of their lordships decision this
formality bad been Guly observed ; and he therefore craved
the court to restore the cause to its original place—The
court refused the applic tion. It wus absolutely heceatary
that joinder in error should take place before the cause could
be entered, and it must, therefore, take the chance of other
cause..
BARHAM/ GREGORY V. TiS QUIRK.—h AN I since-
SENT FOR LIRSI, BAD SHOULD ONS ON swam la TS.
COUNTS US FOUND INKCVFICIENT I—This is the question
involved in this case, although the details elicited in the
course of the argument were principally of a technical cha-
racter. Barnard Gregory, the plaintiff in error, was In-
dicted at the Central Criminal Court for a libel on the Duke
of Brunswick published in the Scairial newspaper. He
originally pleaded not guilty. The ease was removed by
certheati to the Queen's Bench, and Gregory withdrew his
plea of not guilty, whereupon the sentence of that court was
passed that he should be imprisoned for six months in the
Queen's prison in division I of eta s 4, which, under the
prison's regulations, entitled him to certain indulgences.
Mr. Gregory, having brought the ease on a writ of error to
this come was bailed out, and Mr. Peacock now appeared to
support the error. A great many smote in the indictment
' were alleged in the original writ, but an emendmeet had
greatly reduced them. The learned counsel urged
that, according to the decision in the celebrated
cam of Mr. O'Connell, if he could show the insufficiency
of any one count the indictment could not be sustained. He
; contended that to speak of a person as the hero of Bruns-
wick, and that "ev, ry Englishmen was a match for half •
,
oosen apish poltroons of Germany," was not libellous;
neither was the allegation of the eighth count, where the
' libel complained of said that a certain lady there named,
who had entertained the Duke of Brunswick. " did what
very few wool„ do, but that she was at perfect liberty to in-
" rite all the expatriated foreigners, who crowded our streets,
to her table if she thought fit." The learned counsel next
adverted to the point with respect to the entry of the plea,
contending that the mere statement on the record that it had
been withdrawn we. insuflicient, and that it should have
stated that the party had pleaded guilty or not guilty, 11e,
lastly, urged that the portion of the sentence of the Court of
I Queen's Bench which ordained that Mr. Greeory should
be imprisoned in a particular part of the I risen
was an act in excess of the authority of the court,
inasmuch u it could only be done by thge before whom
the party was tried, and here he bad note tried at all.—
Mr. Wordsworth, for the crown, chiefly addressed himself to
the point raised in the eighth count and to that of the tea
tent,. He contended that according to the common-scow
inurpretation of the word " expatriate " the libel coat-
i
plained of meant that the Duke of Brunswick was an im-
proper proper person to be teetio d into soci. ty. The withdrawal
of the plea meant • confession of guilt; and, lastly, he con
tended that the Court of Queen's 1h nett had not exceed, 11
its power in passing the sentence.—The Chief Justice in
timattel that the court would take time to conaiekr the case.

INSOLVENT DEBTORS' COURT.
ISefore Mt l'oromispeourr

THEATRICAL. NI`1:l•1 ATION. —R. Weiner, an se.nr,
was opp 'sea by three creditors, and was supported
by Mr. Sargood. Ths dehts set forth amounted to
1,6961., of which 1,0231. had been incurred in conse-
quence of his becoming manager of the City of London
Theatres—The several complaints of the opposing parties,
who were servants to the in-olvent during his reign in the
City, were that they had been kept out of their salary by Mr.
Tidd, the tremor. r, who, instead of weekly payments, made
them periodical promises only.—Mr. Sargood made ti very
earnest !appeal to the learned commissioner on behalf of has
client, who, he said, had been an unfortunate and not n
dis-
honest man.—The Commeisioner said he considered the
creditors were pert ctlj justified in their complaint against
the petitioner, who should have abandons I his speculation
en soon a. he fund it to be an unsuccessful one. lie (Mr.
Phillip.) refused to name a day fur the final order, but at the
solicitation of Mr. Sargood consented, at length, to grant
protection for a week, in order that Mr. Tidd might be pro-
duced.

CENTRAL CRIMINAL COURT.

OLD C( WILT:7 ii474,,re. Mr. !ogle •Patte.ots..

Fonoenv.—E. 11. l'idkr, 29, who had pleaded guilty on
Thursday to two charges of forgery and embr ztlement, was
brought up for judgment, and sentenced to be transported
for ten years.
A POLICEMAN Kit, P.O WITH MIA OWN SEAM—P.
Coakley, 25, and J. Coralry, 24, brothers, were indicted
for the manslaughti r of Genie' Harker Monk, a police-
constable. On the 30th o' April the deceased was on duty
in George street, St. (bleep, when he bad occasion to appre-
hend a street beggar, and was taking him to the police-
station when the prisoner J. Tome interfered ; a struggle
ensued, during which both Coakley and the officer fell, and
while they were in that position the other prisoner
took the constable's staff from him and struck him
a violent blow on the head. Although the in-
ju7 was severe it appeared that at that time no
serious consequences were expected, sad Jerome was
committed summarily for a month, and Patrick
was sent for trial fur the asaault. But soon after.
wards the deceased became much worse, and died on the
2Sth of May, the coroner's jury returning a verdict of man-
slaughter against both bro. here—Mr. Justice Patteson hay-
ing expensed an opinion that the charge could not he sup.
ported against Jerome, as he did not appear to have had '
anything to do with or to he even aware of tl.e blow with
the staff being struck by big brother until after the affray, I
the jury acquitted h m, and returned a verdict of Guilty
against Patrick.—His lordship sentenced him to be traria-
ported fur even years.