The Express.
London, England, 1853-09-28 00:00:00

DUBLIN POLICE.

The cam of MrsiDeaseleTlewiesi against Mrs. Kelly
was on yesterday in two different forms before the magis-
trates at the Capel-street police office. The defendant was
charged in the first instance with having committed wilful
and corrupt perjury in an affidavit sworn in the Court of
Chancery. The case stood adjourned from last Monday
week, in order to give counsel for the prosecution an op-
portunity of applying to the Lord Chancellor in the mean-
time for permission to take the original affidavit off the file,
Dr. Kelly having refused to let the case proceed without Its
prodectilnin court.

Mr.. Kelly occupied a seat at the table u on the former
occasions, and the court was crowded to excess with per-
sons anxious to hear the proceedings.
Mr. Fitzgerald, for the complainant, stated that an appli-
cation was made to the Lord Chancellor in chamber, on
Friday, for permission to produce the affidavit in that office,
but his lordship having, in his discretion, dismissed the
application, they were prepared to give the next best evi-
dence, which was an attested copy of the document, and
prove that it had been sworn by Mrs. Kelly. Counsel coax-
' mented at length on the Chancellor's judgment, and sub-
mitted that it contained nothing which should influence his
worship's mind on the legal question.
Mr. Armstrong objected to this evidence. Ile thought
it rather strange that that should be made a court of ap-
peal from the decision of the Lord Chancellor, and that
counsel who made the application for the affidavit to his
lordship should comment upon his judgment. They stood
in precisely the same position as they were when the case
was first before his worship, when he, with both good sense
and undoubted law, refused to take a description of evi-
dence there which would not be received in a higher court
of criminal jurisdiction. He called upon the bench to dismiss
the case.

llr. Kelly, the magistrate, accordingly dismbacd the case,
the evidence not being legally sufficient to justify him in
sending it to another tribunal.
The next charge was that of conspiring to destroy docu-
ments.

ELIZABETH ERASE O. SARAH KELLY, CHRISTOPHER W.

CAMPION, AND JOHN ROBERT MALONE.
The defendants in this case were charged with having
conspired to procure the destruction of certain letters in
issue, in the celebrated will cause of " Thewles v. Kelly."
Mrs. Kelly and Mr. C. W. Campion answered when the
cue was called on, but Mr. Malone was net present. It was
allowed to stand our for the examination of Mr. Campion,
who had not been served in the first instance with a copy of
the summons.

Mr. Blake, on behalf of Mr. Campion, applied for a
further adjournment. He said that, at the time the pro-
ceedings commenced, Mr. Campion was in London, and
knew nothing of the matter until he read in the Times that
it was attempted to implicate him in the transaction, and he
at once came over; but being obliged to procure copies of
the evidence given, he had not had sufficient time to instruct
his counsel.

Dr. Kelly thought the application of Mr. Blake extremely
reasonable; and counsel for the defendants not baying
made any objection to it, the case was adjourned to Monday
neat at one o'clock.

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The parties then left the office.