The Express.
London, England, 1853-11-26 00:00:00

ILaV3 *ntellteence.

EQUITY COURTS.—YESTERDAY.
TIM LORDS JVITICaI OF arrest..
ALLSOPP AND OTHERS a. COOSIDES AND a. H. FRASER.
Mr. Itolt and Mr. Fisher appeared to support, and the
Solicitor-General, Mr. Roundel' Palmer, and Mr. Oiffard
to oppose, a motion to discharge an order of the Master of
the Rolls, whereby he had refused to dissolve as exports
injunction granted in July last by himself, restraining the
defendants from selling, er authorising or enabling the sale
of a spurious article as and for Alisopp's pale ale ; and from
using, or authorising the use of, any labels of the plaintitfa',
or the name Allsopp," or
or imitations thereof, or any labels contvining the words,
calculated to pass off or
off or representing,
an:epAyrleselsownpotp,r'das
areadolre
fAronlaemm,'.'
passing
as Allsopp's pale ale, ale or beer which was not of the
plaintiffs genuine manufacture. The present motion also
sought to have the injunction dissolved,. The cue made
by the plaintiffs, the well-known brewers of Borten-upon-
Trent, was that Ifni dozen of an inferior article, being, in
fact, Preston-Pans beer, and damaged of its kind, bad
been sold by Coombes, as agent of Fraser, a wholesale wine
and beer dealer, at the offices of the latter under the Corn
Exchange in the city, tonne King, who was employed by
the plaintiffs to detect the sellers of spurious liquor, as the
beer manufactured by the plaintiffs. And in support of this
they produced evidence, showing that the beer sold was
nut the same as that sold by the plaintiffs; that it was sold
at the low price of 3s. per dozen quart bottles, !Ming at the
time of the sale bottled and labelled by Coombe' with labels
engraved in imitation of those used by the plaintiffs. It
was also shown that the price was paid by cheque made
payable to Fraser. For the defendants it was urged that
the whole transaction was the result of a conspiracy between
Coombes and King to entrap the defendant Fraser, who
had not employed Coomhes as his agent, but, having sold
the beer in question to Coombes, had, upon a resale by the
latter to King at a profit, allowed him to bottle, label, and
deliver it at his cellars in tho City. In evi-
dence of this, affidavits were read, showing that
the beer was bottled and labelled in u cellar
not often visited by the defendant Fraser, and
in his absence ; and that the false labels had been pro-
cured and used by Coombe' and King without the know-
ledge of Fraser. The fact et the price being paid by
cheque payable to Fraser was explained, as having been
done by arrangement upon the resale by Coombes, in order
that Fraser might be immediately paid the amount for
which the beer had been sold by him to Coombes. The
M isles of the Rolls, it appeared, had granted tae injunc-
tion principally on the ground that the beer was of • bad
quality and such as ought not upon any terms to he sold
for consumption to the public. It was urged on behalf of
the defendant Fraser that this resulted from a misappre-
hension of the learned judge, who had understood the
word " damaged" as meaning " spoiled" or unfit to
drink," whereas it was used technically in the trade in
the sense of hard" or of • second rate quality.
The argument was sot concluded at the rising of the
Court.

TRIMMER C. DANBT.-MR. TURNER'S GALLERY OF
PICTURES.

The Vice-Chancellor said it would be recollected that
this cause stood over, at the request of counsel on all side,
in order that Mr. Hardwick, Sir Charles Eastlake, and Mr.
Clarkson Stanfield should inspect the pictures left by the late
Mr. Turner to farm the " Turner Gallery," and report as
to the course which they thought would be most expedient
to be (Mowed, with a view to the protection of the pictures.
" According to this arrangement these gentlemen had exa-
mined the pictures and premises very carefully, and shortly
after the commencement of the long vacation they made
their report. In this report they stated that they found
many of the pictures had suffered from long neglect; but at
the same time their examination, as compared with pre-
vious observation, had not led them to conclude that such
effects bad increased to any manifest extent since Mr. Tur-
ner's decease. They recommended that can should be taken
to keep the pictures free from damp, and so to place them
that they might duly receive light and air. As regarded the
state and condition of the house, they reported that,
although in a somewhat dilapidated condition, the gallery
in which the pictures were placed was now rendered water-
proaf by precautions taken since Mr. Turner's death. They
further stated that the premises were in charge of Mrs.
Danby, a very aged person, and one female servant. The
report was concluded in these weeds: " Looking to these
various circumstances and the consequent danger from fire
and depredation, we arc decidedly of opinion that, unless
some means are adopted more effectually to secure the safety
of the pictures where they are now plated, they should be
removed elsewhere, until the cause is disposed of." The
effect of this seemed to be that, unless they were taken care
of where they were, the pictures should be removed else-
where, a conclusion which might have been predicated
before the reference to these gentlemen was made. His
Honour therefore wrote to Mr. Hardwick requesting the
referees to state their opinion upon the specific question as
to whether or not the pictures should remain in
the gallery in Queen Anne-street. In consequence of
Sir C. Eastlake's absence from town the answer to this
questi.di had only just been communicated to the court.
Mr. Hardwiak's reply, after stating that the referees had
again met and fully considered the matter, went on to say
that, taking into account the difficulty of finding a tit place
of deposit, they were of opinion that the pictures should
remain in Queen Anne-street. Inasmuch, however, as Mrs.
Denby was seriously ill and confined to her bed, they
therefore recommended that a respectable man and his wife
should be placed in the house charged with the custody and
care of the pictures. Such being the opinion of these three
gentlemen, all of them eminently qualified to decide in such
a matter, the court would hand the reports to the counsel in
the cause, who would agree as to the best means of carrying
out their recommendation. Whether these recommenda-
tions would be followed to the letter or slightly modified
might be matter for the consideration of the parties. His
Honour concluded by stating that he had himself seen the
1 pictures, and was sorry to say that many of them, through
the experiments made by (Mr. Turner in varnishing and
cleaning them, were in such • state that no design at all
could be traced on the canvas.
Mr. Swanston, Mr. Chaedless, Mr. Follett, Mr. Norris,
Mr. Wickens, and Mr. W. H. Terrell appeared for the par-
ties, and acquiesced in the Vice-Chancellor's desire that
they should meet and endeavour to arrange the course to be
follewed with respect to the future custody of the pictures.

Colla OF QUEEN'S BENCH.-YESTERDAY.
ums..• INI CUIPIth.LI, JIITIV/11

.21.e.R11K. 111011I11•11. &Sy c.Purrojt:

- -
Tilt 441:Etx (US THIS PKOSICCTION /'HAMI9) r.
W 01/.l‘ AND ILIIIMLNAL
bLANURA t.,!. A MALCAILD LADY.

Mr. Airdaad said that, in the. eat, • rule had been ob-
tained by Sir F. Thesiger calling upon Edward Wilmer and
David Smith to show Cause why a criminal information
should not be exhibited against them for a libel which had
been published in their paper, the Liverpool t Armtek. Ile
did nut appear to justify that libel, but to repress the very
great Is drat of the defeudants that it should have appeared
in their journal. Tney stated in their affidavits that they
took no part in editing the newspaper, and had nothing to
do with the insertion of the paragraph. The editor also
joined in the affidavit., and expressed great regret that the
paragraph should have appeared. He withdrew, on the
part of the defendants, all imputation of every kind on the
honour of the lady in question, and begged to apologise to
her and her family fur the annoyance this paragraph had
owasioned them.
Lord Campbell said it was in the discretion of the
learned counsel for the protecution to say what coarse he
would take.
Sir F. Thesiger— I cannot allow this matter to pass with-
out a single ofwervatiod with regard to the aerieus eonte-
stances which r. suit from the persons who conduct public
journals incautiously and carelessly allowing private slan-
der to find its way tido their colonies. It is imp/foible to
describe the annoyance which has been occasioned in •
family in which, a. I understand, there hu always been
the most perfect attachment and mutual confidence, from
the vile slander which hes been cast on the character of
Mrs. Frank., and from which she, being now near her con-
tioement, is suffering very severely. lam afraid that the
apology which is now made cannot remedy the mischief
which hat been occasioned by this paragraph. it certainly
cannot wheal the past. It cannot prevent thou hours and
days of sultappinese which have been occasioned in this fa.
sally inn the publication has taken place ; and with re-
gard to the future we know perfectly well how prone many
persons are to believe that an accusation is never made with-
out Wait found-Won, so that when anything of the kind is
published, the inewhief seems almost irreparable Every
person must. how's er, feel that each sufferer in turn is an-
willing to ~ppelif vindictive, and especially in a case of this
kind your lordship. must feel that the parties must desire
to dischsrce their minds as quickly as possible of the pain-
ful subject, and, th. relore, would not desire to keep alive
the memory of what has s
been published against Mrs.
Franke by coutinuing proceedings against the defendants
atter the .pology which has been made. I feel that the
iasertion of yriva.• slander in the pages of • journal ought
to call for severe censure, but I also feel that I ought to
yield to the desire of the parties in this case, and there-
fore I amid the apology which has been offered by m
learned !mud, sad on payment of the costs, upon which I
must insist, although I have no iastruetions to that
effect, for the purpose of marking the sense which the
court eatertailli of the libel, I consent that the rule should
be ditcher-red.

Lord Cshipbell—The prosecutor behaves most liberally
and mercifully. It was a vile and culpable publication,
and no editor of any journal in the empire would be justi-
fied is inwrting suds a libel in his columns. ibe public
have nothing to do with private slander, and I may my, for
the high character of the press of this country, that such
paragraph, hardly ever du appear. The sanctity of private
respected. Although I think the prosecutor would
have been in pursuieg a more severe course, I ass
happy to find that the matter may be accommodated with
the apology which has been made, after which this lady's
she/eater mast remain as pure and unspotted as I bellows
it has ever been.

Ka; disclaszied, se payinent of costs by Um defendants.

LCMLBT V. 011.—THE CA*l 01 IIDLLR. WAO/11114.
The Attorsey•General moved for a role to show cause why
a commission should not issue, addressed to the Royal City
Court of Berlin, or any of the justges thereof, or some person
appointed by them, for the examination of witaesses out of
Obi jarnalietion of this court, sad is the aseaatime to post-
=he trial of the muse. A communion had already
Irma this court for the examination of certain wit-
mum at Berlin, ua the part of the clefeadaat, addressed is
the ordlauy manner to a member of the English bar. The
issomaimies was wued is Jam, but it was impossible to
VAMP. it until the present moath,ia imam of
Wagner sad her father being ahead from Berlin, and de-
dining to be examined except in their own country, and an-
der the proteetioa of their own laws. The examination of
these witnesses was of the meet meential importance. The
action was brunght by Mr. Lumley against the defendant,
for baying int:seed Millie. Wagger—
Lord Campbell—We are perfectly aware of the eireuni-
Stamm of the cam^.

The Messeertleseral—lt had been speed by both par-
We that the examination of the witnesses sheskt be ,iva
Ines mei Q.C., to wham thiteamissioe was
taddresesd, proceeded to Berlin for the puree of @emoting
it, secompsnied by a solicitor upon either side, and by Mr.
Haddiestoo on the part of the plaintiff, sod Mr. Creasy for
the defendants. Mr. and MO*. Weems leek the advice of
a l'ruuisu advoctte as to the meet Miff Nett to punter,
and it appeared that by the Promise lay it was illegal to
take en oath, except A was admiehamedly 11 judge or a
magistrate of dist country. They, therefore, declined to
answer any oemions upon oath—that teeth having bee. ad•
ministered by Mr. Hayward. As Iffillniloll was made by
Mr. Heyward to the Royal City Court (Stadgerieht) to
have a judo appointed to administer the oath. The court
did appoint one of its judges for that purpose, mid he at-
tended when Mr. Hayward opened the commission, end ad-
ministered the oath areordisi to the Prussian law.
Lord Campbell—Whatever oath was binding on their con-
sciences was the proper one.
The

Hayward had raised so diffi-
certain -

tally upon that mom. After emu.. preliminary questions
had bees pet by the emussel for the defendant, Mr. Crecy
mien: the handset( Mdlle. Wagner a document signed by
to which he attached considerable importance. She
was thou ticked whether the signature to the document
was is her writing. Upon that the Premiss judge inter-
posed, and stated that he amid not allow the question to be I
put is that share, as the document must first be read, and
some preliminary questions asked. Mr. Hayward then said
that the judge was wily present to administer the oath, and
that the conduct of the proceedings was iti his (Mr. Hay-
ward's) hands. Some discaseion maned, the Prussian judge
issistiog upon having the satin mistral of the examinatson,
'ad ■ppooax determining whs• qsatioes might be put. Mr.
Haddlsetoa, for the plaintiC this protested against the
whole of the proceedings, denying the validity of the ex-
animation, if it were conducted aosordiag to the raise of
the Prussian tribuisle. Mr. Cressy also felt that this
would invalidate the proceedings, sad, after considerable
dietaries, it was agreed by all parties to suspend all further
proceedings until more mature consideration. Accordiag
to Ms. Hayward's statement It appeared that they had
afterwards taken the advice of Mr. Rapport, a leading pese-
titioaer Wars the Berlin courts, who was of opinion that,
the oath having been taken according to the Prussian law,
the examination might proceed without the prwience of the
Prussian judge, provided the witnesses appeared voluats-
ray and submitted t..) such examinatios, and it was agreed
that the eismination should be continued on the followism
imi . Ou thesame evening, however, Mr. Hayward
✓esst2 a note from Madlle. Wagner, stating that she must
abide by her first declaration, that she email only submit
to be examined by a Prussian judge, in the Impute of her
MR wanstry. Ibis put en end ell the whole of the pro-
esedisp. Every effort was made to lads,. Mullis. Wagner
Wing
,
and her father to give evidence, bat the whole w
met a stop to by the interference of the Prussia* ledge.
From the nature of the cam, the evidenoe of Mr. and adlle.
Wagner was essentially necessary. It was considered that
all difficulty would be done away with if their lotc4hips
would issue a commission, directe4 to the Royal Court of
Berlin, in order that these witnesses might be examined.
According to the Prussian law it was sot competent to the
advocates upon either side to examine or to cross-examine
wittiness.

Lord Campbell asked under what statute the learned
counsel made• th application ?
The Attorny- General said there wars pncedents for it.
Lord Campbell—There has bun an act expressly pused
with regard to courts in ludia. Yoe atay take a :We to show
me*.

Rale alai accordingly.
The Attutney-General also moved for a osennsissiois is this
ordinary form to examine two witnesses at Hamburg who
bad been present at the negotiations between Mr. Gye and
Mullis. Wagner.
The court granted a nil..
MI !AVAIL'S (ON TAG PM
SCOTT) C. W. NALAISO
AGAINST TAG " TIMIS."

MOTION OP SKI lON. P.
. - CRIMINAL lIIIORMATION

The Anoraey-Oaneral moved, on behalf of the H• IL
Teasels Scott and some other gentlemen, for a rule calling
upon Mr. William Harrison, the printer and publisher a
the Timm newspaper, to show cause why a criminal infer.
nation fora label should net be issued against him. This
appliestios arose out of an article which appeared in the
Tunes reflecting, as then gentlemen thought, sad
he must My with truth, very seventy upon their
characters. The applicants wen the chairman and
the directory of the soutlrWestern Railway Company,
and it was necessary for hint to make a short statement
of the facts to which the article referred. The South-
Western Company were the proprietors of a line of rail-
way running between Southampton sad Dorchester. In
the commencement of the., yam It was proposed by the

tiviat esteniTeuipas rWai %We-4i Dorset-
Airs from north to smith, while the lknith-Western Use
ran from met to west, to make ea application to parliament
for a bill to suable them to make a Mae between Dorchester
sad Ender.

Lord Campbell said an objection bad been suggested by
the oMcer of the court against moving fora criminal infor-
mation os the last day of term. As application for a num-
deism., or a pr.hibition might be made, but he believed it
•as the rule that tl's !termed cosasel amid may zneutioa
that he int( tided to apply form criminal laformatum.
The Attorney-General said the rule bad probably been
made when there was a pressure of badaess.
Lord Campbell caul it bad misted from the most remote
times. sties the Glimes's Bench did sot sit half the time It
might have dose.
Mr. Justice Coleridge—lt is probably on account of the
length of time beim cause an be shows.

Lord Campbell—There I auger reams. This is a very
solemn proseeding, awl it is "apposed there may be a great
deal of burry on the lest da Maio term, mad we ought to
bays abundant time to before we ozonise the
'armee power that is rooted la us.

The Attorney.°weal said the great ebjeet of hie sliesp
mai set tepees velessiallietively easiest the aewspeper, bet le
deer them.

—iir. Jaells;— resesabsrod several balsas.. la
•!Nt teemed hog amassed that they ialosial to