The Express.
London, England, 1848-03-28 00:00:00

THE EXPRESS, TUESDAY EVENING, MARCH 28, 1848.

We should imagine that the lessee might, in the existing
state of theatrical matters at Paris, secure, at a moderate
outlay, such talent ea will fill the St. James's Tht etre night
after night for • long lesion. One swallow, it is said, does
not make • summer ; and one star histrionic will not, for
any continuance, fill a theatre soy more than One star astro.
nautical will light up the heavens.

CLERICAL.
ORDIP.aetON.—By the Bishop of Duham, at Auckland
Cstle.—Dascoss: H. B. Hat. Calv., Durham; J. W. LL Hoy, Al
SOMA, 0000.
VACANCIRS.—Sub Deanery of Ripon ; also Finchley R.,
!diddle/el. db. Load.; 4171., with rel. ; pat., Bishop of [Andre: and
St. Olave Itarli, 101. •, pat., F.arl de Orey : all vacant by death
of Rev. 14. Woreley.—Leettneshlp St. Thome, Sallatotry, dio.
vacant by demise of Rev. G. o.llodpoo.

NAVAL.
ADMIRALTY, MARCH 27.—APPOMMVATIL—Lieut.
B.
K.*.w Royal limmj..—sulgeon : J. V. Bel:1.M, 110 be ellefe. and
agent of Galway.— AMilt.,Bll.fgeoll2 : P. Tortor, to Thum ; J. LlUott,
tottlbton ; J G. Campbell, ooaliroled to Dragon.--Acting Boatswain :
D. GA to Mattrlous.

SPORTING.
TATTERSALL'S—Moaner.
—NOKTKLIIIPTONaiII lin STA/84.-6 to 1 Wit BMlivered (t),
rto 1 apt Walangate-bar. (t). 6 to 1 apt Enchanter, 7 tO I
at Joe Love% 10 to 1 Lady Wildair. 12 to I apt Thietiettosn,
lb to I apt Vampyre (t), 30
to I opt Proapeet.—Enchanter'a position
the betting lathe coasequeoce of oome heavy investments at the
evertining bowies, very little money having been laid out at the
a Corner." Walrogate.barmithout and Warded were tucked at 6
to I each, and bad a slight call of Enchanter. Joe Lovell mai, in
great favour, spriaging, before the room closed, to 7 to I. Thistle-
down was only nominally in the market, and Joe o' Sot was not
named at a pried.
METROPOLITAN HANDICAP.-7 to 1 mist Jericho, 9to
I spat Rat-trap (t), 9to I apt Tuftbunter (t), In to I apt Marquis
towynghain, 12 to 1 apt tiles &Wel (t), 14 to 1 apt Snuffbox (t),
II to I agst Tampere, 25 to 1 apt litemembraneer (t), 30 to I apt
Executor (t).—Searoely any change amongst the tmcbmg favourites,
and very little doing. Snuffbox and Remembrance? are quoted from
tranwacdons out of the room
both have been backed heavily.
CHESTER CUP.—I 000 to 30 apt Patriot (t), 35 to 1 agat
Enehanterg); 50 to 1 atsgstatutorat (t), 14010eto 11
Iron Malt
anua p(l2, 1,000
t(t).l3 1C odds quotec deMnat Patriot, Eneltinteer, and Mall wee:
taken rather freely. Nothing done on the favourite:.
DEUBT.-10 to 1 apt Surplice (t), 10 to 1 apt Springy
Jack (t), II to I nest Glendower, 25 to 1 apt Fern, 40 to 1 apt ati.
catcher (taken and afterward, oft.), 1,000 to 20 apt Whibitone (tarn
and afterward, off.), 1,000 to 20 &gat The Sheriff (token and after-
wards of.), 1,000 to 20 apt The Yowler (taken and afterwards off.),
1,000 to 20 eget Kenton (t), 2,000 to 35 apt Deerstalker (taken anti
afterwards ott). The odds returned against the two favourites were
taken to • considerable sum and bets to the amount of 2,0001. laid
' between them at evens; 12 to I would have been taken about
Glendower; 1,500 even, ery d laititetween The Sheriff and Keraun. The
general betting was ,
Mr. Gregory's nee hones were put up for sale yesterday
r by Mews. Tattersall, but only one told, vie., Guerida, 2 yea, for 200
Some horse* sent over from Paris were also pu up, and
Cerfasifour sold at fair prices.
WINDSOR STEEPLE CHASES.—TZPTLIPAT.
BWESPS of 5 son. each, and 25 added ; the second to save
his stake, and the winner to be sold fur 1501. 12st each. 4 miles
(S sub..)
Mr. Hewitt's Red Stripes (Mason) 1
The following alai started, but, owing to the heavy stele of the
to • end, could not live the puce, and woe all distunoed : Abrtrupus,
Brunette, Khondoes, Golden Pippin.
Switers 01 5 son. each, p. p. • the second to save his
stake, and the winner to be sold for 64. Cobbe weights. About 4
miles. (10subs.)
Mr. J. Elmore's Illphrbe (Beckley) 1
Mr. 0: Brettle's Shamrock 9
Clpt. Baillie's Scotsman
The following slat,started, but were not plated: Kr. T. Ilussey's
Gridiron; Mr. E. Dyaon's Daringtos ; Mr. May's Commodore; blr.
Phllpoti's Crab.
MATCH, 100 rota. 3 miles.
Mr. Garnbier's The Weasel.(W. Archer) I
Mr. It. Trelawoy's Cliee,e
NORTHAMPTON SPRING MEETING.
NORTHAMPTON ALON DAY AFTERNOON, S o'cLocit.—
Arrivals : Vampyre, 'Sagacity, Syrup, Mantilla, Joe o' Sot, Trainees,
Miss Burns, Lady Day, Fergus, Atrelope, Cacti% Thistledown, Mother
Carey's Chicken, icicle, 1,
Lady Watchdog, 'Atoka, Terror, Cant-nri,
Britannia, The Hackney, Lady Wilthdr, Mater to Arkwright, Monet,
Marietta, Rantkos, Ribaldry, The Cur, Re. Several others expected
tminght.
The following have been entered here for the Queen's
Piste.—Marietta, Wain:taste-bar-without, Sagacity, Legislator, Bal-
linafad, War Eagle, Ellen Loraine. The mune in in beautiful ceder.

tab) intelligent,.

EQUITY COURTS.
Before the Lord Chancellor.
CLIFFORD V. TURRELL. COMPROMISE OF SUIT DT
THE SOLICITOR.—LACRES OF THE CLIENT.—The plaintiff's
father filed a bill against the defendant, his brother-in. law,
for spec fie performance of on egret meat to grout him, for
com-iderations in the bill "Mud, an annuity of 401. and 101
a year toward' rent of it house during his life, and a decree
for these two annuity payment', with interea on the arrears
then due, was made by Vice• Chancellor Knight Bruce in
Dec.,1841. (Seel Younge and Collyer,l3B.) That decree was
affirmed on appeal by Lord Chancellor Lyndhurst in Jan. 1845.
The plaintiff, upon his father's death, took out administra.
tion to bins, revived the suit, discharged his father's solici-
tor, and employed Mr. Frederick Boron, who without the
plaintiff's consent or knowledge, as he alleged, compromised
the suit with the defendant for 5401., which the defendant
paid to him (Boson). This was in July, 1845. An arrange-
ment was made to stay all proceedings in the suit. Mr.
Boson applied the money to his own purposes except some
part which he paid to a creditor of the plaintiff. The plain-
tiff in December, 1846, finding Boson to be insolvent, de-
mended the debt from the defendant, repudiating the acts of I
Boson, and denying that he ever sanctioned or was informed
of the compromise.—VicseChencellor Knight Bruce,
upon application to him to confirm the arrangement made
between the solicitors of the parties in July, 1846, refund
it and declared the same void. This was a motto* to &-
charge his Honour's order.—Mr. J. Russell and Mr. Chand-
ler were heard on Wedneeday and Friday last in support of
the appeal.—Mr. Cooper and kfr. R. Palmer supported the
Vioe-Chancellor's order.—The Lord Chancellor on Satur-
day morning, without hearing the reply of Mr. Russell, pro-
ceeded to give his judgment. Having read correspondence
and affidavits in the cause, his lordship said it seemed
to him that the compromise was fair enough. The '
question was, however, whether the plaintiff or the
defendant was to he at the loss of the money which
Boron received and misapplied. Although it was clear that
a 'elicitor or agent was not justified in going beyond the
authority given to him by his principal, still, if the principal
became acquainted with the agent's arrangement, and did
not come in reasonable time to complain, his silence was to
be taken as an acquiescence. Here it appeared that the
plaintiff became acquainted with the act of Boson in Dec.,
1846, and he slid not complain of it until after he found that
Boson was insolvent, and then, in 1847, he demanded the
payment of the money. The principle :aid down by Lord
Lyndhurst in the case of " Fernier v. Boyle" (4 Russell,
1848), was applicable to this case. The Vice-Chancellor's
order was at variance with that principle. His lordship re-
peated that it was solely on the ground of the plaintiff's
resting content so long after being aware of the compromise
and of the payment of the money to Boson that he founded
his opinion of the case that the Vice-Chancellor's order was
erroneous, and ought to be discharged with the costs in the
court below.
SWALLOW V. WALLINGFORD.—SOLICITORB.—RESTRAINT
AGAINST PRACTISING.—This was an appeal motion to dis-
charge an order of Vice-Chancellor Knight Bruce. The
plaintiff and Mr. Day were solicitors in partnership at St.
Ives, and the defendant had been their articled clerk ; and
in the articles he bound himself not to practise within
thirteen miles of St. Ives after hie apprenticeship
was completed. The partnership between the plaintiff and
Day was dissolved afterwards, and they practised separately
in St. Ives. The defendant served out has articles with Mr.
Day, and on the completion of them in 1847 commenced
practice in the same town. The plaintiff filed the bill for an
injunction to restrain him, and the defendant by his answer
alleged that he had the sanction of Mr. Day, to whom alone
he was bound by the articles. The Vice-Chancellor refused
the injunction. Mr. Malibu and Mr. Roe& were in support
of the appeal motion, and distinguished this case from that of
" Capes v. Hutton" (2 Russell, 357), on which the Vice-
Chancellor appeared to have relied in refusing the injunc-
tion, and they contended that the case of " Nichols v. Stret-
ton " (not reported) was applicable. The defendant's cove-
nant was made to both Day and the plaintiff,and one of them
could not:release the defendant without the consent of the
other. They cited a great number ol cases in eupportof this view.
—Mr. Swaneton and Mr. Hardy opposed the motion, on the
ground chiefly that restraints on professional practice or on
trade, were against general policy and justice, and that it
was on that ground chiefly that Lord Elden refused an in-
junction in " Capes v. Hutton."—The Lord Chancellor
said the court was always reluctant to interfere for a party
before he established his legal right. No great injury could
result in this case from refusing the injunction: and he
would therefore allow the plaintiff to bring his action on the
covenant, and retain the bill until verdict, tha defendant
to keep an account of the profits of his prudes fa the
meantime.

Before the Muter of the Rolla.
PAGE r. BILOOM.—MOILTGAGE SECURITIEC—This was
the petition of Mr. Samuel Page, the plaintiff in this suit.
In 1806, Mr. Thomas Willows was seised of the house tailed
Saville House in Leicester-square, in which Miss Linwood's
exhibition was for so many years, subject to a mortgage for
6001. to Miss Linwood ; and the premises being in a dilapi-
dated state the plaintiff undertook to do the necessary
repairs under an agreement with the parties interested, by
which he was to have a security on the premises for his
outlay, by way of a lease for 49 years at a nominal
rent. Other awangements were subsequently entered into
between the parties of a very complicated character,
and the original bill in this suit was ultimately filed in 1818;
to carry out the agreement between the parties and to obtain
for Mr. Page the lease which be was to have. There had
been a reference to the master to take certain accounts re-
lating to Miss Linwood's mortgage, and he made his report
in July, 1847, by which he found that Miss Linwood's debt
wu paid, and that there was a balance due from ber of
3581. to Mr. Page. This report was disapproved of by Mr.
Page, who contended that Miss Linwood was fully paid off
in 1832, as between him and bar, and that there was a much
larger balance due to him. Another object of the present
petition was to have leave to carry in fresh objections and
exceptions to the master's report in reference to the allow-
ance of Interest to Miss Linwood after the period when it
was alleged her mortgage debt was paid, and for
special directions to the master respecting the matters in
question.—The Master of the Molls took time to consider the
questions.

case is that of the Bishop of Manchester V. Outteridge for
libel, which, it is expected, will be taken on Wednesday.
The Wonder contains the names of 114 prisoners. Thera
an throe sues of murder, and eight of matudaughter.

POLICE.—YESTERDAY.
MANSION-HOUSE.--A WATCH.—J. Ryan was charged
with having robbedTizaothy Shea of a silver watch at Havre,
and pawned it in the city of London. By the account of the
prosecutor, the prisoner, who had been his comrade on the
Havre railroad until they were abruptly turned off, got up
earon Saturday morning from the bed in which they bad
both reposed, cooly put the watch in his pocket, and walked
off with it end two Bye-(franc pieces.—The Lord' Mayor:
How do you know he took it ?—Prosecutor: Know' Why,
did'nt I see him take it 7—The Lord Mayor: And why did
you not prevent him 7—Prosecutor: Why I called after him,
but the devil a bit of him minded anything I said. I sup-
pose he thought himself the strongest man of the two, so
away he went sure enough, and I never set eyes on
him till he went before the consul for his tieket.—
The Lord Mayor.—You accused him then, I suppos ?
Posecutor—No. I axed him for my watch. • Your
watch ?" says be, " Why I gees it to ',ether Hughes, the
clergy, to take care aft it for you. (Laughter). So I got on
board the steamer to come away altogether." The Lord
Mayor.--And what did you say to hint on board I—Prose-
cutor : The Lord knows what I told him ; but I knew he
pawned my watch in London. As soon as we landed, he
sneaked of and I didn't see him till this morning, when he
wee walking near this place,
amend It
I thought I'd just
try to get my property again, and I told the ofhcer to take
him, and sure enough he had the ticket in his
pocket. The prisoner told a very different tale. He said that
Jim Higgins, who worked on the Havre railroad, along with
both of them, was the real owner of the watch, that Timothy
Shea was the real thief, and that he was himself the honest
friend of the plundered •man, engaged in recovering the
stolen property. " I'll tell your honour the whole truth,"
said Ryan. " Jimmy Higgins and this Tim were work-
ing together, when we got, orders to quit, and then
Tim got hold of poor Jim, who has a wife and two childher,
without a farthing among 'int, and made him drunk, and
then robbed him of this watch and all the money be had.
So when Jim got sober, he told me of the robbery, and off I
ran r
to get back the goods, if I could, when I saw the
poo man's watch before my eyes, in the morn-
mg, up I got and took it with me, sure enough."
—The Lord Mayor : Then you took the watch to Higgins
—The Prisoner No, your honour. It wee too far to go to
so I what to look for Father Hughes, but I could not
find hilm, so as I knew I'd see Jim in London, I thought the
Not thing I could do was to come over at once, and take care
tithe poor fellow's property. (A lauth.)—The prosecutor :
grab, they, don't be talking such nonsense.—The prisoner :
Why, in.ou my sowl that smock-frock he has on he pulled
off poor Jim, and there he left the poor fellow and his
family withi'dit either watch or money or smock-frock.
(Loud laughter.) A pawnbroker proved that the watch
had been pledged that morning for 10s. by the prisoner,
who, upon being searched, was found to hay_ in his posses-
sion within twopence of that amount, and the duplicate.—
The Lord Mayor: Well, prisoner, you took good care of
your friend's property, certainly.—The prisoner: Jim
Higgins knew well enough that wherever I was I'd take
care of anything of his. All he was bothered about was
that this Tim should rob him and his wife and two childher,
and lave him naked on the wide world.—The Lord Mayor:
But it looks very like an intention on your part to commit a
robbery to T p
o.—heri•oner : Oh, Lord bless your honour, not
I. I pawned the watch for a few hogs, because I had not
a halfpenny, and I knew Jim would not like to see me in
want of anything and property of his in my pocket (Laugh-
ter.) —1 he prosecutor : Ab, then, you are a vagabond fellow.—
The Lord Mayor (to the prosecutor) Why did you not
charge him with the robbery in Calais ? —The prisoner
Aye, why did net he do PO, sure enough, your honour, when
he knew I was walking ab‘ut with the watch and the
money in my
Ikepoc prose cutor : Where was the use
in charging him lie would do nothing but deny it, and
it would be taking trouble for nothing.—The Lord Mayor:
Indeed, I believe that you have neither of you benefited
in honesty by your visit to France. I am very much
mistaken if I shall not, in a day or two, find a lawful
owner fur this watch. Let the pawnbroker have the money
which was found upon the prisoner. Let the prisoner be
discharged, for what he has done is not made penal in our
statute-book; and if the watch be not claimed within a few
days the prosecutor shell have it. In the meantime 1 shall
take care of it —The prosecutor : Faith. then, I'll be far
enough off in a day or two. To the devil I'll pitch the watch
if I don't get it now. (Laughter.)
WORS I P-STRBET .—M isetneoter ir A Foment ex
—Hobert Headley was charged with disorderly conduct, and
resii.ting the police in the exi eution rf their dute.—Consta-
ble Swan stated, that u bile p..ssing through Commercial-
street, Whitechupel, on Saturday night, his attention was
[ attracted to the pri•oocr, who was calling out " Murder."
On requesting him to desist, the prisoner immediately alleged
that either he or some other pohcenaan had beaten him with
his truncheon, and at the same time made a blow at him and
knocked his hat off. The prisoner then attempted to escape,
but was overtaken by the witness, who, however, gave him
the option of going quietly home, which he refused to do,
and,-he was therefore compelled to take him into custody.—
In answer to the charge, the prisoner declared that he had
been wantonly assailed in the hest instance by the policeman,
who had afterwards beaten him in au unmerciful manner
about the head and body with his truncheon, and knocked
him down several times. He pretested that he had given
no provocation whatever to justify such ill usage, aad a gen-
tleman was then in attendance, who had voluntarily Game
forward to corn borate his statement.—Mr.S. L. Matthews, of
Old Broad-street, stated that he was passing the end of Com-
mercial-street at the time in question, and raw the police-
man cross over to the prisoner, who was standing quietly at
the corner of the street, and order him in an angry tone to go
home. The prisoner answered that he was then doing so, upon
which the constable seized him by the collar, and after
shaking him, violently kicked him, and he fell heavily on
the pavement. The officer then lifted him off the ground by
main force, and dashed him repeatedly against the wall,
after which he took him a short distance up Commercial-
street, where he saw the prisoner fall three times in rapid
succession to the ground, but witness was at too great a
distance to distinguish the caul, of it. Several of the by-
standers, who had been attracted by the man's cries, re-
quested the witness to interpose in his behalf, and finding,
upon reaching the spot, that the policeman had released the '
prisoner from custody, he told the former that he had grossly
exceeded his duty, and advised the man to proceed to his
home and apply in the morning for a summons against his '
assailant, which he himself would attend to substantiate.
Several other persons having also expressed their strong 41
indignation at the conduct of the officer, he instantly ran
towards the prisoner, and, seizing him by the collar, declared
with an oath that he would again take him into custody.
Witness expressed his intention to accompany him, and re.
port his conduct to his superiors at the station-house, upon Ti
reaching which the constable told him that he would not It
allow him to enter, and closed the door in his face ; but, !,(,
after a few minutes, he was admitted by another officer, p,
and communicated what had occurred to the acting inspector, A
who directed him to attend at this court.—Mr. liammill said 1!
that the public were much indebted to the lest witness for 3
coming forward in the matter, and that it required no fur-
ther evidence to convince hint that the policeman had acted
with a degree of wanton and unnecessary violence, and had r
exceeded his duty to an unwarrantable extent. He should 2
therefore order the prisoner to be at once discharged, and I
direct a full report of the proceedings to be laid before the
. . 2

police commissi. men.
hiAltYLEBONE.—Cganoe OP ROBBERY AGAINST A
I
CORPORAL OP LIFE 131:•108.—Shortly before the dos-
ing of the court, IV. Jones, a corporal in the Ist Life
Guards, was charged with having stolen from the Regent's
park Barracks HI. in silver, together with six sovereigns
and four half sovereigns. The erteence, which was gone into 1
at considerable lesgth, and the getting together of which has
been attended with much trouble, may be thus briefly given :
Henry Jones, troop-corporal-major in the regiment alluded
to, and whose duty it is to pay the men composing his troop,
on Wednesday night, found that a box in his room at the
barracks had been forced open as if with a chisel, and the
money named abstracted therefrom. Some bank notes were
let untouched. The loos being made known to Colonel
Hall, the commanding officer, he repaired to the
police commissioners, by whom the affair was put
into the hands of Inspector Haynes. It turned
out upon inquiry that the prisoner had on Thursday,
the day after the abstraction of the cash, gone to Windsor,
upon leave granted to him for one day, and had paid several
bills to tradesmen, and, amongst them, was one to Mr.
Peach for 91. 7s. 5d., and 6/. of which was given to him in
silver; he had also on the day he was absent settled a bill
with Mr. Cobbett, a baker, who hesitated for some time be-
fore he thought itt to admit that such was the case. The
inspector showed that the prisoner had on the day prior to
his absence from town purchased a blank key at a shop,
and that, in the absence of the workmen employed thereat,
he went into a back shop and made use of a tile,
The prisoner's answer to the charge was, th t the money
paid by him to the tradesmen at Windsor was Cis own, and
that being a carpenter by trad, he had done a great deal of
work for officers and others at the barracks. The blank key
spoken of had been purchased by him for a lock to an officer's
room, and it was his intenti-n to have fisted it himself. In
accounting for the quantity of silver pail by him to Mr.
Peach of
stn
of he alleged that it Wad his own money,
and said that not many months since he received upwards of
51. in silver front the landlord of the barracks canteen.—Kr.
Haynes said he had but little doubt that if time were allowed
him he should be in a position to bring forward witnesses
whose testimony would be of a very material nature as &abet-
ting the guilt of the prisoner—He was remanded.
MARLBOROUGH-STREET.— Imrostrlon ON THE
DUKE OF CAMBRIDGE AND TliE DI:CHESS OP KENT.—'
Thomas Bevy and Thomas Smith, two men well known to
the Mendicity Society as persona obtaining a livelihood by
means of petitions containing fictitious accounts of calamities,
were charged with having fraudulently attempted to obtain
51. from the Duke of Cambridge, and also 5/. from the
Duchess of Kent.—Horsford, the Mendicity Society's officer,
took Smith in charge on Sunday at the Golden Cross, ha
(Smith) n denying his share of the transaction. He them
t. ok Bew into custody, and he said he knew he was guilty.—
John Connolly said he was in a public-house in Fetter-laae
some days ago, when he saw the prisoners come into the
house together. The prisoners applied to him to get an answer
to a letter, which they said they had left at a gentleman's
house the previous day. Witness consented, and went with
the prisoners to the park. The prisoners pointed out the re-
sidence of the Duke of Cambridge; and witness, at the re-
quest of the prisoner',lpplied for en answer to the letter
previously left there. Witness received an answer, and gave
it to the prisoners.—Baron Knesebeck, equerry, proved
that an attempt had been made to defraud the Duke
of Cambridge of 51., by means of a begging petition, pur-
porting to be on behalf of Jehn Willman, master of the
Elisabeth, which was alleged to have been ran down by
anotner vessel.—The prisoner, were committed for three
months each en this charge.