The Express.
London, England, 1853-12-26 00:00:00

DOWLING V. LAWLER.

This remarkable case was resumed yesterday morning
(the fifth do)) at the sitting of the court, and after a few
witnesses, +moos evidence .as nut m.terial, had been
examined, Mr. J. 1). Feagerald, Q C., claimed to be heard
on tl.e part of the defendant upuu the evidence, a portion
of which, he argued, had the character of a rebutting case
ins the part of the plaintiff.
Cutwel for the plaintiff resisted the application as an
unprecedented une ; hut the court ruled that the present
was a case
.in which
,the defendant's cuutsel might be
heard.

Mr. Fitzgerald then proceeded to speak to evict. nce on
the part at the defendant.
Mr. WI/enough then addressed the jury for the plaintiff
until the court adjourned.
. .

At the sitting Of the court this morning Mr. 111•Denough,
Q.C., rtsumed his speech to evidence on the part of the
plaintiff, commenting at great length upon the evidence,
and wound up with un t &mire appeal to the jury.
. . . . .

The Chief Baron theu proceeded, at halfillsCl o'clock,
to charge the jury, when one of the jurors interrupted him
by stating that they wished to spare his lordship the trouble
of addressing them.
The Ctiiet Baron inqu:red whether counsel for the parties
wished that he should proceed with his charge ?
Mr. Fitzgerald, for the defendant, said be wished his
lordship should do so; and Mr. M'Donough, for the plain-
tiff, said they did nut ask his lordship to address the jury.
The Chief Baron then went on with his charge, stating
the issues which the jury bad to try, and the points in the
case which chiefly required consideration. The issues sent
up to the jury were as tollowa:—First, Whether there was
agreement between Daniel Crotty and John Sadleir, or
any person on behalf of John Sadleir, that Daniel Crotty
should i e released Gum all liability on two bills of ex-
change fur the rispective sums of 1501. and 201, men-
tioned in certain affidavits in this matter; secondly, if so,
whether the Carlow branch of the Tipperary Joint Stock
Bask, or any person on their behalf, in pursuance of such
agreement, discounted u certain bill of exchange, drawn by
one Edward Lawler, on and uccepted by one Wm. Ling;
'firmly, did the bank discount the last.meutioned bill of
exchange with the bona tide intention tit holding Edward
Lawler liable thereon; fourthly., whether or nut Daniel
Crotty was a bona tide trustee for Edward Lawler or for
the Tipperary Bank in issuing the execution under which
the plaintiff was arrested.
The jury retired at a few minutes past four, and in about
ten minutes returned to their box with a verdict fur the
plaintiff on all the four issues.
The result of this trial will, it is supposed, be actions
taken by the pla;citiff, Dowling, for false imprisonment, and
also fur conspiracy to prevent ham from exercising the elec-
tive franchise. it also follows that lie leaves prison with-
out paying the amount of the bills, which there is no ques-
tion were originally due to Crotty.

NAVAL.

,

PORTSMOUTH, DEC. 23.—The Navarin, Russian
corvette, Captain Istomin, went out of harbour yesterday,
and anchored at Spithead, where she tuck in her powder,
shell, &1., and this morning she sailed tor her destination
—the Pacific. She is still very leaky. After getting under
weigh, she saluted the national flag and that 01 the corns
mauder.iu-chief, which were duly returned.—The Sidon,
22, paddle-wheel steam frigate, Captain George Goldsmith,
hu orders to proceed to the Mediterranean. She is at
anchor at Spitbead.—The Fairy, screw tender to the
Royal Yacht, went out of harbour yesterday morning to
the measured mile at Stokes's Bay, to try a new screw
propeller, cast in this dockyard. It was of the pitch
and other dimensions of Ordlith's patent screw, but had
not the ball in the centre, which is peculiar to the latter.
Four runs were made et the mile, the ge of which
gave a speed of 121 knots per hour, a quarter of a knot
less than Griffith.* screw had ebteined in similar trials in
the same vessel. The engines yesterday, however, worked
at one stroke per minute less than on the occasion of Wits
titit's screw being tried.—The Sprightly., steam-vessel,
Muter Commanding G. Allen, sailed last night for Sheer-
ness with supernumeraries ter the Roscommon, and marine
artillery for the Cressy —The Tyne, store ship, sailed on
Friday night for Ascension with stores for the Airican
squadron.