The Express.
London, England, 1851-05-14 00:00:00

THE EXPRESS, WEDNESDAY EVENING, MAY 14, 185'

tho court it Onsidd be useless to apply after that time. It
was provided by the special act that the company should
as soon as the railway was opened between Grantham and
Ambergate ponies, the Nottingham and Grantham Canal.
The railway had not been opened from Grantham to Am-
ber, but it had been opened from Grantham to Not-
tinghaamo, which was the entire length of the canal, which
know deprived of all traffic; but when the company was
applied to to purchase the canal, they refined, on the
ground that they had not made their line to Ambergate.
Rule granted.

BAIL COURT.—YErmwAy.
amigos is Rave. - lionie• Lam
Thu CIDVAN V. DAVID SCOTT.—LaszL.
Sir F. Thesiger stated, that in this case a rule for a cri-
minal information had been obtained by Mr. Serjeant fibre,
for a libel on the inmates of • convent at Clapham, pub-
lished in the Morning Advertiser, the libel being an impu-
tation that a child bad been born in the convent in a mys-
terious manner. On behalf of the proprietors of the
Morning Advertiser, a newspaper which now, fur the first
time in fifty years, had been brought before a court to
answer for anything inserted in its columns, he had to state
that they had felt it to be their duty to refer to the aMdavits
filed in this matter, and they felt that such affidavits gave a
clear and distinct answer to the charge. It was • charge
which had arisen from rumours in the neighbourhood of
Clapham, and until they had attained a defined and intelli-
gible shape, by insertion in • newspaper, it was impossible
that the truth of them could be challenged by the parties
assailed. They had now done so, and the matter having
been brought before the court, the defendant Ind himself
were satisfied that there was no foundation for the state-
ments which had been made. He was therefore happy to
say, that he was instructed to declare his conviction, that
that there was no truth in the imputations which thi de-
fendant had unguardedly made, and to express his regret
they should have been made. lie begged to withdraw
them, and he hoped this explanation would be satisfactory
to his learned friend.

Mr. Serjrant Shee said that the ladies on behalf of whom
the application was made, all stated in their affidavits that
they were not influenced by any vindictive motive in
making the application to the court, their only object
being to vindicate their character from the calumny which
had been east on it; he thought, therefore, he could not
do better than accept the reparation which had been made
in the fulled and mod ample manner by his learned friend.
lie accordingly consented, on the part of thole who in-
structed him to obtain the rule, that it should be discharged
with costa.—ltule discharged.
THE QUEEN T. THE PUBLISHED. OP THE MORNING
HERALD.

Sir F. Thesiger said that a similar rule had been obtained
against the printer and publisher of the .Horning Herold for
a libel on the same parties, and of a like nature. There was
some slight difference in this case, inasmuch u the editor of
the Morning herald had copied an article from the Weekly
Dispatch which purported to be a vindication of a statement
they had before made on the subject, and had made some strong
observations upon it. In this case the defendant also wished
him to say that he was satisfied there was no foundation for
the imputation ; and he was content to adopt the same
course.—Mr. Serjeant Shee assented.
Rule discharged.

COURT OF COMMON PLEAS.-YESTERDAY,
tlermos IN BANCO.—MILTURN LOADCNIAIILPIKI JNATIN, MIL IVO-
rice Casswau, Yr. JUSTICZ WILLIAMS, AND ME. JCINTICit
Taxman.

Di'.VKLET F. HARRIVI.—Foaorso THE SILL OF A WRIT.
In this case Mr. Barker, on behalf of the defendant, had
obtained a rule nisi calling upon the plaintiff to show cause
why the service of the writ, and all subsequent proceed-
ings, should not be set aside. The ground upou which
the rule had been granted was that the writ, which was
issued out of the office of the Court of Common Pleas,
had a forged seal upon it, and not the genuine @cal of the
court.

Mr. Serjeant Blies now showed cause against the rule.
The learned sericant stated that his clients, Messrs.
Lewis, of Es•ex-street, in the Strand, were most anxious to
have the whole matter fully inquired into. The action was
brought by a Miss Dunkley against the defendant for
false imprisonment. The plaintiff had gone to the office
of Messrs. Lewis, and had desired to have a writ
issued against the defendant, upon which a Mr.
Down, one of their clerks, went to the office of the
Common Pleas and had the writ, u he supposed, duly
scaled, for which he paid five shillings. He then returned
to the office of Messrs. Lewis, and gave • copy of the writ
to the plaintiff to serve it upon the defendant, at the same
time explaining to her that the original writ was the one
which was sealed. The learned serjeant said that he had
the affidavits of the plaintiff herself, of Mr. Down and
Mr. Dell, clerks to Messrs. Lewis, verifying the statement
which he had made. The clerk at the writoffice, how-
ever, denied that he had ever issued the writ in question
at all.

le court said that as this wu a most serious matter,
some one having been guilty of a criminal act, it was de-
sirable that it should be referred to the Master to inquire
into the whole case, and to report thereon. In the mean
time the present rule must he enlarged and all proceedings
in the action stayed.
IN TNT MATTEIS Ur - liISMIWAT.—APPLICATION AGAINST

ATTORNEY.
Mr. O'Malley, Q.C., moved for a rule to show cause why
an attorney, whine name we undemood to be II embury,should
not be called upon to answer certain matters in the affidavit.
The affidavit charged hint with using a falai: affidavit made
by a person named Hetherington, who represented himself
to be the clerk of Mr. Ilembury. We forbear, however,
from going into the facts of the case at present, as the court
thought that there was nothing to fix Mr. lientbury as hay-
ing authorised Mr. Hetherington to act u his clerk. Mr.
O'Malley said he would renew his application next term.

big in saltiest numbers in uniform to. act as • *tuition
to the persons frequenting the place.
The jury almost immediately returned a verdict of Not
Guilty, and they added, that they could not place any re-
, 'lance upon the testimony of the witness Dunn, and cowl-
' dared him an improper person to be retained in his present
capacity.
A second indictmen't charging Mr. Tattersall with com-
mitting a similar offence upon a child named Ellen Bald-
win, was disposed of in the same manner.