The Express.
London, England, 1847-03-27 00:00:00

I ab) Entelitenitt.

EQUITY COURTS.
Before the Lord Chancellor.
CHAPPELL 0. PVHDAT. BILL DISMISSED WITHOUT
COSTS.—APPEAL POE COSTS ONLY.—The questions in this
appeal, which are of gnat importance, were argued at much
length last Saturday, and the report appeared in last
Monday's Express. Mr. Anderdon now replied. The
Lord Chancellor said he would give his judgment next
Wednesday.

Before the Vice4-lamellar of England.
SOAPING O. CHIIRTHRX.—CONSTRUCTION OP run WORD
“INSUL" IN I WILL.—A question arose in this case, under
the codicil to the will of Matthew Dyer, who thereby re •
voked the residuary bequest contained in his will, and, from
and after the death of the survivor of his daughter, Sarah
Dowell, and his son, Robert Dyer, in case his said daughter
should have lawful issue at the time of her decease, the
testator gave, devised, and bequeathed, one eq:.al eighth
part or share of the residue of Lis estate and effects, not
otherwise disposed of by his will, unto his nephews, Matthew
Dyer and Thomas Dyer, their heirs, ; and, in case his
said daughter should die without having such lawful issue,
then upon the decease of the survivor of his son and daugh-
ter, the testator gave and bequeathed, instead of the eighth
part, one quarter of the residue of his estate and effects
unto his said two nephews, as tenants in common. The
question was, whether the word issue was to be held to
mean children or

The Vice-Chancellor said it appeared to him there was
nothing on the face of the codicil to cut down the ordinary
meaning of the word issue. If the testator had meant
children, it was very easy for him to have used the word
children. He could see no reason why the word issue should
not have its usual meaning, and consequently the represen-
tatives of the two nephews would take a fourth of tke rest-
duary estate.
Ex PARTE TOO IPSWICH AND BURY RAILWAY.—DERE-
HAM BRANCH AND WkINHAM BLANCH.—HALLWAY DB-
POSITS PAID OUT OF COURT.—A petition WAS presented by
Mr. Bourdillon, on behalf of the Denham branch of the
above undertaking, for the payment out of court of the sum
of 37,6001., upon the withdrawal of the bill; and on behalf
of the Walaham branch, of the sum of 75,0001., thisbill being
also withdrawn.
TUNWELL S. TOM NMWMARIET AND CHEATERPORD
RAILWAY COMPANY.—ThiII was an application for an in-
junction to restrain the defendants from proceeding to take
possession of certain lands belonging to the plaintiff, on the
ground that, by the notice which had been served upon the
plaintiff, a severance of one portion of his land was intendcdto
be made by the company, and that a piece lees than half an
acre was excluded, which it was contended the company by
their act, were olitigpil to take. Mr. Bethell and Mr. Blunt
appeared for the pliintiff, and Mr. Walpole, for the defend-
ants. The ease had been mentioned on a previous day, but
stood over for the parties to see whether they could come to
any arrangement between themselves. This, however, not 1
having been effected, the order for an Injunction was made.

INSOLVENT DEBTORS COURT.
. Bean Mr. Cosuabal2eer Law. .

SIX TINES IMBoLvartr.:—Joha MerryTreather was unop-
posed, but in answer to the court, it appeared that this was
the insolvent's sixth application under the act. His first
appearance, he stated, was at Westminster, on which the
commissioner remarked that he (the insolvent) had com-
menced studying the insolvent law before this court was in
existence. Merryweather.was a booth-keeper at fairs, and
his business being chiefly in t'e summer, he lived on the
generosity of his friends daring the winter months.—The
learned commissioner observed that those friends were the
creditors in the schedule, and it was very good of them to
support him.—He was discharged.

MIDDLESEX SESSIONS.
Before Mr. Redeem Adams.
The court eat this morning at the Guildhall, Westmin-
ster, by adjournment from Clerkenwell. One case only was
entered on the calendar for trial, but the court was occupied
the greater portion of the day in disposing of the arrears of
business caused at the Clerkenwell court by the fast day.
TILT BETWEEN THE BENCH •ND THE Bat.--Matilda
Smith, was indicted for stealing a leg of pork, the property of a
Mr. Marks, a pork butcher.—The prosecutor saw the prisoner
take up the article from his stall and conceal it under her
shawl, and gave her into custody.—Mr. Payne, for the de-
fence, produced evidence to show that the article was bought
at another shop.—The jury found the prisoner Guilty, and
the learned judge, after remarking that he believed the
prieoner's witnesses had committed gross perjury, sentenced
her to six months' hard labour.—Mr. Payne oonaidered this
to be a harsh and unjust sentence, and he would fearlessly
say so.—The assistant-judge said such observations were
quite immaterial. In the administration of the law, aggra-
vating as well as mitigating facts ought to be taken into con-
sideration. The prisoner had produced witnesses who had ,
Perjured themselves, and the court would use its discretion
in consequence. The learned counsel might hold
what opinions he might deem proper, but the bench
would act in independence of them.—Mr. Payne said that it
was not the system in this country to punish prisoner for
the defence, but for the offence, and such dealing was not I
considered justice in this country or in any other.—The
assistant-judge hoped Mr. Payne would discontinue these
remarks, and directed another case to be called on.—Mr.
Payne advised the prisoner's friends to communicate to Sir 0.
Grey, the Secretary of State, the nature of the case, and ask
for a mitigation of so severe a sentence. He would sign the
petition.—At a subsequent period of the day, the jury remon-
strated with the learned judge, and hoped he would reduce
the sentence two-thirds. The bar urged the 'erne point —The
learned judge promised to inquire into the facts, and, if he
saw any necessity, he would adviac the Secretary of State to
reduce the period of the punishment.

ASSIZE INTELLIGENCE.
HOKE CIRCUIT.—LE WEB, MARCM M.
Cuomo Coven, Ware the Lord Chief !wake.
UTTRIuNO A FOILORD BILL or EXcllANoll.—EdseMs
Rickman, •a farmer new HaUshun, was indicted for
feloniotudy uttering a bill of exchange for 2001. with intent
to defraud the London sad County Bank. The prisoner wu
very respectably connected in the county, and carried on the
business of • farmer to • large extent at Hnibdiam. He
kept an account with the London end County branch bank at
Lewes, and the bank had discounted bills to a considerable
amount for him. In the month of November last year,
a bill for 3001., drawn by the prisoner, and which
=coned to beer the acceptance of • Mr. Thomas
, the brother-in-law of the prisoner, and • man of

considerable property, living at Borehill, became duo, and
the prisoner wished to have it renewed, but the manager of
the bank declined to renew the bill to the full amr.unt, but
offered to take a fresh bill for 2001.. accepted by Mr. Barron,
if the balance we. paid in cash. The prisoner consented to
this arrangement, and a bill for 2SOI. was drawn, which the
prisoner took away for the purpose of getting the acceptance
of his brother-in-law, as he represented, and a few days
afterwards he sent the bill back to ths bank, apparently ac-
cepted by Mr. Barton, with cheques and other securities to the
amount of 5001. When the bill became due it was dishonoured,
and the acceptance, upon inquiry being made, turned out
to be a forgery. The prisoner appeared to hare borne a eery
high character for integrity up to this transaction, and it
would seem that he had involved himself io difficulties b
experiments in farming, and had also recently suffered much
mental distress, by the loss of his wife. The jury returned a
verdict of Guilty. Sentence was deferred.
OXFORD CIRCUIT.--SHREWSBURY, Mance 2.5.
_ _ _ .

e.
CWIL SUM—Bebre Hr. Seraent °melee.
MORRIS e. BANKART AND ANOTIIIILL—T EN ANTS' Rl6 NTS
UNDER A YEARLY TENANCY.—ThiI was an action of tres-
pass brought against the defendants, one of whom is a
solicitor in London, for entering land; in the occupation of
the plaintiff, sinking shafts therein, breaking up the
ground, and doing such injuries to the soil and the surface
of the land, se mining operations and mining generally do.
In the year 1828 the plaintiff became tenant from year to
year of a farm at Eardiston, under the Hon. Thomu
'any on. Ilpon the terms of the tenancy, no stipulation or
reservation concerning minerals was made. After the
ViitsiLs entry a mining company obtained leave of the
to seek for copper ore. In consequence, pits were
I OMNI and worked for a short time in the year 1836.
Tie plaintiff did not complain of any injury done
thee, for this was compounded and paid for.
This company, however, soon tired and suspended their
about's" After a time, iu 1842, another mining com-
pany, of which the defendants were trustees, and a
party since dead, took the business, and commenced
*periling in a large arable field, called Hine-pit and
profaned to work under a lease from the landlord. An en-
gine-house was set up, fresh shafts were sunk, drains were
made, and various other inconveniences produced to the
detriment of the farmer's "peaceable and quiet enjoy-
ment." He required compensation front 1842 to 1814. His
claims were, as it was said, " bandied about from one to
another," until the present action, no redress being afforded.
The defendants pleaded a great many pleas, the chief of
which was " leave and license ;" and it was urged that
whatever was done, was so done with the full knowledge and
acquiescence of the plaintiff, the tenant, and farm bailiff of
the landlord, Mr. Kenyon. The jury, however, by their
verdict, negatived this new, and found for the plaintiff—
Damages, Mi.
Cnowie Come—Wore Hr. Justice Hanle.

Ganz ---"A-I,iWAT. giTiigiS7ll7L EE CONSTRUED
STRICTLY.—Thomas Jones, John Ellis, and Thomas Jones,
were indicted for a misdemeanour under the 9th Geo. 4,
e. 69, s. 9, for entering armed, in the night time, certain
enclosed lands belonging to William 'Ormsby Gore, Esq.,
for the purpose of taking game. On the night in question,
reports of guns were heard in Mount Coppice; a breaking as
of sticks was heard ia the wood ; the witnesses proceeded
in the direction of the same, and saw two of the prisoners
come out of the cover; the third was not seen there, but
was taken in the next field to the coppice ; all were armed
with guns, and two of the prisoners had pheasants in their
pockets.—Mr. Justice Maule directed the jury that they
must be satisfied that the three prisoners were together,
acting in one common purpose, upon the lands in question.
Though all three were out with the same intent, yet
unless they were confederates together, they could not be
convicted under the statute, which was of a penal character,
and should be construed strictly.—Thejury acquitted the
prisoners.

NORFOLK.—BURY ST. EDMUNDS, MARCH 25.
Clown Corar.—Betere the lord Chief Baron.
BUROLAHT.—Edward Clots, aged 14, and Henry Coots,
aged 11, were charged with burglary. On the night of the
MI of February, the prosecutor's house was broken into by
the removal of • pane from a beck window, by which access
was given to an opening six inches in width between some
iron bars. The house was searched, and a liquor chest,
which was afterwards discovered in the yard, broken up,
and also some other articles, were missed. Outside the
house there was found the print of a foot in the mould, cor-
responding with the footmark of one of the prisoners. In
the evening, a lady who lived about half a mile from the
prosecutor, game to his house and begged him to search her
premises, aa she had heard strange footsteps about them. '
Her request was complied with. The search was for some
time ineffectual : at length, in going into the gighouse, a
noise of snoring was heard to proceed from a large old oak
corn chest, covered with a tarpaulin. On lifting up the tar-
paulin, the two prisoners, who are brothers, were found
huddled up in a corner, locked in each other's arms. When
roused, the prisoners said that they had got into the chest in
the afternoon out of the cold to sleep. Outside the chest,
two stone bottles with liquor, a glass, and two glass stoppers,
covered under some loose rubbish, were found, and in the
loft an umbrella, all of which articles were identified as por-
tions of the property missed by the prosecutor. The prisoners
did net exhibit any symptoms of drunkenness. The Chief
Baron, at the close of the case, told the jury that the evidence
of the guilt of the prisoners rested on the presumption
arising from recent possession of the property stolen ; but,
in his opinion, there was net in this case that possession
which would justify them in convicting. There were only
grounds for grave saspicion.—The jury intimated that such
was their own opinion, and returned a verdict of Not Guilty.

SOUTH WALES cARCIIIT.—CAMEARTHEN,

Mwaca 24.

Before
A DIPSINTIENT Juana.—Wm. Powell, aged 22, atter-
ney's clerk, was indicted for stealing three half-crowns, the
property of his employer, Mr. F. L. Brown, a solicitor re-
siding at Llanelly, in this county. The facts of this case are
not in themselves of such interest as the strange conduct of
one of the jurymen at the conclusion of the trod. The pri-
soner having been found guilty, and strongly recommended
to mercy, was sentenced to six months' imprisonment, part
of the tame in solitude, instead of hard labour. Th. court
was about rising, and the majority of the jury had left the
hall, when one of them, named Charles Abbott, came up to
the boa, and, addressing the learned judge, said that he did
not agree in the verdict, and that the foreman had returned
it without consulting the other jurors. His lordship said
that he had never known such an instance of neglect and
misconduct on the part of a juryman. Why h.ad he not
spoken sooner, after bearing the foreman pronounce the
verdict, recommend the prisoner to mercy, and the
court sentence him ?—Mr. Holt, the barrister, said
that, at the quarter 'sessions, a juryman had in
a similar manner said that he did not concur
in the verdict. The result war, that the Home
Secretary commuted the sentence. He believed that
the same hick was attempted at the arises. Prisoner was
Wright up neat morning, and the judge told him there was
not the slightest ground for recalling the verdict or sentence.
AN Osentraeit JORTMAN.—The fury in the ease of the
two soldiers, J. C. Whitsett and J. Riley, whose trial was
reported in yesterday's paper, after being locked up all
night, returned into court with a verdict of Not Guilty,
eleven jurymen having surrendered their opinions to one,
who declared he "would stick out for three weeks."