The Express.
London, England, 1847-11-12 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 12, 1847.

was that the privilege existid Ass 20 days alter and before the
meeting of parliament.
Mr. Willes said that if the court adhered to that opinion
—namely, that the privilege lasted fur 40 days, it would be
establishing it even beyond the time that esuld be claimed
by the house on principle.
Mr. Baroa Alderson : But, even supposing the duration of
the privilege we confined to 20 days before the meeting of
parliament, the defendant was privileged on the day he was
discharged.
Mr. Willa The time should be " reasonable." Who,
under the existing state of things, could contend that twenty
days were necessary to enable a gentleman to travel from any
extremity of the kingdom to the other? This was not a caw
occurring during prorogation from time to time ; but it Ira
a transaction which occurred between the dissolution of one
parliament and the meeting of another. All the dicta in the
books related to time intervening between prorogation; the
present was a totally different case. The privilege of a mem-
ber of parliament was similar to that of a witness, a counsel,
or (if he might presume to say so) the judges of the land.
To entitle any of these persons to privilege, it should be
shown that he was, at the time of the arrest, actually en-
gaged, either in going to the court, or doing soma other pub-
lic duty which would have been impeded by his arrest. It
is not pretended in the present case that Mr. Bun-
combe was on his way to parliament when he
was arrested. If the order in question had not
been made, the defendant might have applied for redress
either to the court to which the privilege belonged, or to
that in which the proceedings had been instituted. If he
had appealed to the House of Commons, according to the
authority of Martyr's case, that tribunal would have decided
that the privilege should be confined to a " reasonable orcon-
venient time" for coming to parliament, and, certainly, they
would not consider at the present day that a member should
be allowed from the 3rd of September to the 21st of that
month for coming up from Yorkshire to London.
The court, after conferring together for a few minutes,
intimated that the ease should stand over for a few days to
consider whether a rule shoool he rimmed.

grievances in his own way, and for the future have breakfast
got ready for him at six o'clock in the morning. He would,
however, not go beyond the law, sod should have a solicitor
to reside with him. In one of the letters he stated his in-
tention of having a musical party the next night, and en-
closed the programme of the "grand concert" to the plain-
tiff. In it a " solo on the trombone," and a duet called
" The Victim," between plaintiff and defendant, were an-
nounced :*" The Victim" by " Mr. Parrett," and " The Cruel
Landlord" by " Mr. Friend ;" the doors " being stated to
be " opened at twelve o'clock at night." The concert did
not take place on the Want is question, it would seem, for
in another letter the defendant made an apology in these
terms "In consequence of the severe indisposition of
the performer on the trombone, who get vary drink yes-
terday, the grand concert announced for thin seasiag ma-
not take place : it will take place to-morrow, when be
performed the serious drama of " Israel in igypt," the part
of " Israel" by Mr. Parrott, and "Pharaoh, who would not
let him go," Mr. Friend.—The, learned judge said he re-
gretted that harmony was not restored after the concert
without resorting to litigation.—The plaintiff and his wife
were examined at great length, and swore distinctly that the
servant girl was nut impudent to Mrs. Parrott, who took
offence at Mrs. Friend sending the girl up stain to know
who had broken a window in the drawing-room. They also
proved that Mr. Parrott horsewhipped the page ; that the
concert took place, the instruments being a flute and a key-
bugle, and that after it the performers sat out in the balcony
in front of the house smoking and drinking until oue
o'clock iu the morning, to the annoyance of the neighbours.
He admitted removing a bill which the defendant had put
up to let the apartments, as he had ne right to do so.—Mr.
Dangerfield, for the defendant, contended that that circum-
stance alone was sufficient to annul the contract. He had a
right to attempt to let the apartments which he could not
occupy himself on account of the annoyance to which he
had been subjected.—The learned judge decided that no one
had a right to let the apartments without he first of all
obtained permi,sion so to do from the plaintiff. The whole
case rested upon the conduct of the servant girl. If she bad
been guilty of such misconduct as would have justified the
plaintiff in discharging her without the usual notice,
although the misconduct had not been towards him, but to
the defendant, and he had not done so, then the defendant
would have been justified in breaking the contract, but he
thought the proper way for him to have proceeded, would
have been, to have brought an action in assumpsit against
the present plaintiff fcr breach of contract, in not giving
him proper attendance under the agreement—After the
case had lasted between two and three hours, and long
before the plaintiff's case was finished, the defendant con-
sented to a verdict being taken against him for 151. (without
costs), the plaintiff to cancel the agreement.

MIDDLESEX SESSIONS.
• Before Me. derjeant Adams.
Toe DENNY AND FLANAGAN APPAIR.—In the course of
the morning, Mr. Horry, the barrister, whose name has
been before the public in connexion with a charge against a
man named Flannatran, of having obtained 10s. under the
false pretence that he was Mr. Harry's clerk, made a state-
ment in explanation of the matter as far as he (Mr. Homy)
was concerned.—ln the outset, the learned serjeant said that
this court had no power to interfere in the matter, but he
thought it due to the gentlemen of the bar that the court
should hear any observations Mr. Morey might wish to make
regarding it.
Mr. lorry then said that he had carefully refrained
from making any communication to any other quarter upon
the matter—not even to the press—because he thought the
place where the accusation was first made was the best
and most fitting place for it to be answered. On the
Thursday of the last session he was met by Fianna-
gen and another person, by whom the ease was at first
mentioned to him. On his arrival, Mrs. Denny was in-
troduced to him, and on his inquiry for the &positions, she
showed him a copy of the warrant of committal instead, and
when told that that was of no use whatever as instructions
for the defence, she loudly complained that she had paid
16d. for it for nothing. He (Mr. Horry) then promised
to wait for proper instructions ; but not finding the name of
the pelsoner inserted in the printed list of canes for trial, he
made inquiries in the clerk of the peace's office, when he
was informed by the chief clerk there, that the case of John
Denny had been tried the day before, an it was a custody
case. He then returned to the Central Criminal Court,
when Flannigan came to him and offered him a brief
and fa to return to Clerkenwell and defend the
prisoner Denny, when he (Mr. Harry) said that
the ease had been tried the day before. Flana-
gan replied that the lad was at that moment in the
dock, awaiting his trial, but from what he had been told in
the office by Mr. Drew, the clerk, he supposed that the lad
I was merely brought up for judgment ; and he declined to
accept the brief. He heard nothing more of the matter until
he saw the report of Mrs. Denny's application, and his lord-
ship's observations thereon, in the public newspapers; and
as his lordship had recommended Mrs. Denny to communi
cater with him, he sent for her on Saturday, when the whole
affair was fully explained, and the report stating that Flan-
agan had said, when he received the money from Mrs.
Denny, tnat he was his clerk, was read to her, and he (Mr.
Horry) asked her whether that was true or not. She made
no reply ; but her friend, who was with her when Flana-
gan had the money, took up the discourse, and said, ••
to' do justice to all parties, Flanagan did not say he was
your clerk; Mrs. Denny is mistaken there." Mrs. Denny
continued silent, and only further said, that she had come
in the hope of having her money returned. That was all
the connexion he had had with the matter.

Mr. Serjeant Adams said this statement was not exactly
to the point, and it would be much more satisfactory if the
learned gentleman would answer a few short questions ;
Mr. Hurry's answers to these were that Flanagan was not
his clerk. He did not know whether Flanagan received
10s. from Mrs. Denny. Not a fraction of the 10s. found its
way to his pocket. He did not take the brief with a 10s.
fee.—Mr. Serjeant Adams : Thee the whole affair, as far as
you personally are concerned comes to this : You were asked
to defend a person, and the reason you did not was that you
were informed that the caw had been tried before 3—Mr.
Horry: Exactly 80, your lordship.—Mr. Serjeant Adams:
Then there let the matter drop ; but I think it right to say,
as fares the bar is concerned, that Mr. Horry has satisfactorily
explained the matter, and as to Mrs. Denny, she has been im-
posed upon by false pretences, and had her remedy, by either
indicting Flanagan or suing him in a county court. The
dignity of this court could not suffer it to b• made the
medium for the adjustment of such dimputes u this.—Oregg,
the usher of the court, here said that Flanagan had always
sepresented himself, and was understood by every person
at all connected with the court, to be Mr. Harry's clerk.
He was in the habit of conveying the learned counsels' wig
and gown to and from court, and always attended upon him
as a subordinate.—Serjeant Adams said he could hear no
more.—The matter then dropped.