The Express.
London, England, 1865-01-12 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.—JAL. 11.
&Map in Banco.--(Befere Lord Chief Justice Cockburn,
saddest's= Crompton sad Mellor.)
TRII QUERY T. lUJRZT.—TROMMIONAL RTIQUITTL
Mr. Garth (with whom was Mr. Oppeitheim) said this wee
an adictmeet tried at the Survey
Fria for the Aetna
tie. of • high
in the perish of dley, by the building
of • wail.
Tbe deleadent wee found guilty, and the learned waned
sow prayed for *desest
Mr. Beraant Perry applied to the wart to read certain
affidavits to arrest of Judgment.
Makieleo (master of the Crown-offiee) then proceeded
with the lading of amorous voluminous affidavits, and in
the course of the remarks made by the learned judges to the
learned sedan& the defendant several times interfered, and
oohed to be allowed to explain the fats of the ease to the
court, but he was told that could not be donii, as he bad
engaged counsel. At last
Mr. fierJeant Parry old that his idlest, who was a man of
education and thoroughly understood the question, dared
to revoke the authority he had given to bite, and plead his
own MUM
The Lord Chief Judas said that if Goosed had ones
onimeneed addressing the wart or • Jury the client could
not withdraw his authority ; but in this owe the leaned
counsel had not begun hie statement, bat had merely coiled
for the reading of cereals affidavit&
The learned eerjeant then withdrew from the conduct of
the mos.
Affidavits having been reed on both sides,
Mr. Garth was heard in support of his motion, and prated
for Judgment.
The defoodast than proceeded to address the court, and
in cannonade his °bamboos he said he was not prepared
to do so, and complained that he bad been deserted by ha
learned ;outwit.
The Lord Chief Justice said the learned serjeant had not
deserted his ma. He had takes it out of the learned set.
Jeepassnt's hand; and he could not 'lbw a remark of that kind
to
unnoticed.
The defendant said there bad been two indictments
against him : one at the soodeas, when he was timid 501,
and the mooed, the ma is question, at the maim. He
contended that be had abated the oakum, ands ht act
to be further unshed. The objet the prosecubad in
pressing for Judgment was the paymeet of costs only,
avid he pray the court not to inflict so heavy a punishment
on him. He was medical officer for Frimley pariah, and it
be had to pay these costs they would entirely overwhelm
kin.
Is answer to a leaned Judge.
The &feedlot said he moved the locoed indlctmeat tram
the smears to the seams.
Mr. Justice Crompton said that wee a voluntary soli on
his park for whit* he had to give severity for emits. It was
sot for him now to complain of having to pay them.
The court ultimately Geed the &leaden' In the mum of
1001, to be reduced to one shilling if he pulled down the
wall, or so far abated the eacreacement to the satbfactioa of
the authorities wields four stoats.
AM= IP. MUSTARD. - - -

• Harsco Lloyd said this wee u action tried before the
Lard Chief Justus, at the last Westiniaster sittings, when
the plastid we Dowaulted, but with Leave reamed to the
pthisliff to move the eoart to eater the verdict for him. The
action was oa s oltequeFable to bearer, dated the sled
Jaly. The bearer (the ataff) took the cheque out that day
sad pm mine for it. H. tad it tbrommgh his bsskena
bat it we. &slummed. and bo brought blt• ••410•10
the amount sad Sourest. Oa the tee the deadest came
forward mad moved that thee:mine was • post-data cheque,
sad wee delivered to the anginal payee one swath but.,
shoegh itdid ace pass late the plaintiff's heads before the day
it ma dated. Tb question was, whether the o was
$ good one, viz., that the ehmee was not y bpd
as aa inland bill of message. The comae sow
moved to ester the midis* for the plaintiff, orgiag that it
said tPelide.objeotios os the trial was
that •
the oblique could sot be gives is 'edam% bemuse it
was sot stamped.
Kr. H. Lloyd maid there wee s further poist in the case,
via., whether it was competent for any peso. other than
the elm of the mart to call minutiae to se undamped
document
The court granted the rule as the drat peat, but Mood
it on the aecoad.
Rule (rested accerdiegiy.
Min r. TEZ PEZZE.