The Express.
London, England, 1865-11-17 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.—Nov. 16.
Sittings In Banc--(Bef La ece Justices Mellor, Shoe, and
th.)
The Lord Chief Justice was absent from indisposition.
THE OASZ Or muttons HIEDDOE.
At the Atari of the court this miming
Mr. Hanna said—l believe the ODDS of 'Charlotte Wilia-
m, convicted at the last arises for Devonshire, sod left
for execution, but respited until the opinion of this court
can be had on the point raised for the convict, was men-
Mud to the 00011 yesterday by her counsel, Mr.
Polkaed, and that the court intimated their wish that it
should be again mentioned this morning.
Mr. Justice Mellor— We understood yesterday that the
crown bad given notice of its intention to apply for some
amendments in the record. Mr. Folkard applied yesterday
to make oaten ameadmesta is the noon which has bees
returned into this mart. Soon of them we thought von
immaterial, bat still, if the record required mendineat so
as to pat it in a complete form, we thought it would be
better that we should know what amendments wen re-
gaited to be made on both sides.
Mr. Harmers—May I state the amendment required by'
the crown ?
Mr. Justice Mellor—l understand it is a very pressing
motion.
Mr. Hannan—lt is Important that it should be settled as
soon as possible, or I would not interpose and ask the court
and the bar to allow me to make my motion at once.
Mr. Justice Mellor—Have you considered Mr. Folkard's
Persanteadments
/lannen—l think in making my motion it will be
prudent for me to refer to them.
Mr. Folkard—l bog to remind the court that I did rot
conclude my application pettedly.
Mr. JusticeMellor—So I understand. But if you and the
crown ma agree to the amendments, we shall probably give
effect to them.
Mr. Hannan—l think it fa impossible for um to do so. It
Is • matter of great and pressing importance, and if your
lordship will allow me now to make my application we
shall probably nave a day.
The court mated.
Beassa—My applioation is far • rule to show are
•
why certain amendment should not be made in the reared
which has been retuned to this court in obedience to •
writ of error issued to the judges of arise of the county of
Dever and general gaol delivery before whom the prisoner
was triad. I move on the affidavit of the officer of the
court by whose hand the retina wee deem up, the rotors,
however, being the return of the judge of assize, and from
that affidavit it appears a samisation has been made on
behalf of the crown, that certain amendments should be
made In the return; and I should add, that the amendments
have been submitted to the leaned judge whose return it
is, and they have Mr. Baron Cell approval. The return
ve
on the record stands, "that of divers other good crams
moving the court hero in this_ behalf, the court cloth bare
altogether discharge the jury," leaving It to some degree of
uncertainty as to what the cause maybe. It speared to the
law-offiosrs of the crown that there should be an express
statement of what the grenadiers:sand what the adjudicatioa
was, and therefor* the crown proposes to strike out the
word. I have rood, and to insert, because it manifestly
appears to the said justices that for the reasons
sad and cam
that
s
aforesaid it in necessary to discharge the jury,
we darn it is nursery, and on such necessity discharge
*ham" That amendment bee been submitted to Mr. Baron
Manual, before whom the convict was first tried, and he
has no objection to the proposed amendment by the rows.
The record when DO awarded will be correct, and his lord-
ship states that it was his intention on the record as it at
presort stands that it should express the am manirie.
I therefore move to mad it in conformity with the words
I Dave read.
Mr. Justice Shee—Doce necessity show anything other
but convenience ?
Mr. Hansen—lt is an averment of tho decision, and the
reasons oa which it was come to.
Mr. Justine Shoo—But does not the record shady show
1%?
Mr. Justice Mellor—lt is manifestly convenient not to
lean it in a wide and ascertain form on the record.
Mr. Justice Shea —lt may be contended on the other
side that there wee no nimerty for discharging the jury,
and that the jury ought not to have been discharged.
Mr. Hansen—We do not wish to exclude them from ay
such contention. It would he still open to them to argue
that Do lamprey existed. I make 1M application in con-
formity with precedent, and I may take this opportunity of
stating, sithouili I am not threw:dad to show cause against
Mr. Folkerd's application, that the Crown takes no obla-
tion to the form in which it has been made. The motion
for • catiorati to bring up the record for the
purp of having certain amendments made in
it. Now the record his Ma returned to the
cart, and is now in court, and if the certiorari was the
issue, the answer would be that the writ has already beau
Mimed to this court. The proposed amendments op the
°thee side were all in the nature of statements of facts said
to be necessary for the purpose of raising the question. Now
of course there would not be the slightest difficulty on the
part of the roves in meeting to them, but it is to he re-
membered that the record is the return of the learned judge,
and because of that fast it appears to the crown that what-
ever alterations are made in the statement of fasts,
they should be made with the consent of the learned judge.
It is unnecessary to discuss whether the jury was discharged
fin minutes or twenty minutes afore midnight. I therefore
think the proper course for my leareed friend to pursue is to
submit his suggestions to Mr. Baron Channell, and obtain
his earnest to them.
Mr. Justice Shee—Surely this le • matter we cannot in-
terfere in without the swot of Mr. Baron Chminall,whose
return it ie. Ws mat give him credit for having returned
the facia exactly as they occurred. We shall be extremely
willing, if our consent is oricessary for the amendment to
be made oa the record, to do so with the assent of the
learned jags who tried the prisoner. We must give abso-
lute credence to the record as returned, unless the learned
judge desires to correct some statement that appears upon
it. Your beat plan would be to apply to Mr. Baron
Channell, and if you can iodise hiro to hear
what are the proposed amendments, and alsoapprove of them, we shill be extremely willing
to adopt them, if they appear at all necessary
for Mang the real question on the record. We have no
wish to shut Mr. Folkard out of anythiog he can seriously
argue on the writ of error. Some of the points mentioned
yesterday by Mr. Folkard we did not consider very mate-
rial, such as the particular time the jury were discharged
and proclamation duly made. All that we think must be
taken for granted, and Mr. Polkaed must have every
benefit from the presumption that all the proceadinp were
regular on the fi trial down to the time of the discharge
of the jury. I have no doubt that Mr. Bros Channel,
from the pressing nature of the MAD, will give you an im-
modiste appointment, and that any matter of fact which he
thinks will make the record more coma, be will sem to
it and give effect to it.
The Solicitor-General, on the part of the crown—l
should not think of making any amendment. in the record
unless they were suggested by the learned baron, or that
they were such. if made on the other aide. as received his
approval. If Mr. Folkard will submit his suggestions to
Mr. Baron Chappell, and if the learned baron approves of
them, I shall have no objection to agree to them. With
respect to the amendment proposed by the crown, it appeared
to me, on looking at the record, although I could not doubt
for a moment that the jury would not be discharged with-
oat the learned judge had well considered the matter, and
had come to some conclusion on it, that the record did not
state so clearly as it should, that the learned judge adjudi.
cated on the circumstances the court will have to consider. I
undentalid that if the alteration suggested by the crown
be madathe record will be correct, sad bo what the learned
judge intended it should be. I shall be sorry to have any
controversy on this point, because all must dean to have
the record correct, and I hope Mr. Folkard will be satisfied
if the matter is referred to the learned judge, and such
amendments made vs be might approve of.
Mr. Folkard—l have no objection to go before Mr.
Baron Chanuell, but the motion or behalf of the crown is
such a serious one, sod altogether so unusual a one to be
made by the crown, that I am not prepared at this moment
to assent to it.
Mr. Justice Mellor—Dal misunderstand the court. We
do not pay we shall give effect to it beam Mr. Baron
Channell aver to it, but we shall consider whether the
proposed smendmate are such se we think should be made.
As to any uncertainty on the record you may take the Wren-
tage of the trial being properlyouducted op to a certain point,
but we ought to see that no legal objection can result
from the roods of sating what occurred with regard to the
discharge of the jury. The approval of Mr. idenoen's
amendment by the learned baron is merely for the purpose
of curing any uncertainty as to the effect of the statement
we should allow.
Mr. Folkard—There is no precedent for allowing a re.
cod on the application of the crows that has been returned
to this court. They have been amended a the applica-
tion of primers. but sot on behalf of the crown.
Mr. Justice Mellor—Surely you do not mean to ay that
the mows is precluded from ma, log an amendment and
that • prisoner is at.
Mr. Folkard—Then is no precedent for it. and I also
think the record cannot be altered from the judge's real-
lonia, but only from his notes.
Mr. Jostles Mellor—A judge's notes are only something
with which to refresh his memory. It is for the lamed
blue to detrain how far he is satisfied that what did
occur on the record. We cannot give soy more credit to the
jage's notes other than a means of refreshing his memory.
SW. Folkard-1 am most willing to go before the learned
edge with my amendments.
Mr. Justice Mellor—l have no debt the learned baron
will give you the earliest possible appointment.
Mr. Justice Shoe—Yon bad better do it. I deal see how
we ens maks a return foe the herbed judge.
Mr. Folkard—The omelet is only vomited until the 2' 7th
of this month, and every moment is of importance. If
your lordships will kindly send a note to Mr. Baron Chap-
pell, I shall be happy to go before him at owe.
Mr. Jenne Moe them communicated with Mr. Baron
Channel), and on his return the learned judge informed the
cart that Mr. Baron Charnel, although be did sot him-
self see the merit, for the surendmat proposed by the
rows, was ready to ace the lamed mull era both sides,
and hear what they had to sayer soaking oaths mead which
apparently me Dot oonsiarsat with the fella Be had not
directed, rod desired to direct, any sierodniestootherstans,
though le had no objection to the as proposed by the
wows, sail be sir dieolised to teks any part an hob& al
the wawa or the prime; whirr it was not seamy his
day to do. If however the Chart of Quan's Bsesh I

made.
No day wu named for taking the arguments, bat it most
be do
ne w. tee course of next week, es term sods on Sa-
turday Meek, and the conviet's respite expires on the 27th
inst.

COURT OF PROBATE AND DIVORCE.
Nov. 16.
(Before the Judge Ordinsry.)
MARCH O. MARCH AMU PALUMBO.
Mr. Hawkins, Q. 0., and Mr. Haulm for the petitioner ;
the Queen's Advocate and Dr. Spinks for the respondent.
The petitioner, Mr. George Edward Marsh, of the
Foreign.offioe, married the respondent is 1868. They lived
in Mayfair, and they had one child. In 1862 Mr. March
took his wife to Floresce sad afterwards to Naples, where
they made the soluaintathe of Signor Vineensio
Palumbo, a gentleman of that city. The petitiooer's leave
of absence having expired he returned to England, but his
wife did not follow him till the next simmer. In
the December of 1863 the stele of her health ren-
dered it accessary that she should go back to Italy. She
did so, and at Christmas she joined her husband for a few
days at Rome. She had scarcely left him to return to
Naples when • letter, addressed to her by Palumbo, fell
into the petitioner's hands and aroused suspicion, which lad
him to institute inquiries, and ultimately these proceedings.
The evidence of the servants showed that the reepondents
were constantly in each other's company ; that Palumbo
was admitted into Mrs. March's bedroom, and that on her
return to Naples from bee visit to her hulas& at RCM%
the co
met her at tha railway nation,and after
words spot the night with ha.
Decree nisi with 0011 M.

COURT OF BANKRUPTCY.—Nov. 16.
(Before Mr. Oomodedoeer
IN an THOMAS BAUNDINS CAVIL
The bankrupt was described as a gentleman, of &gyn.
square, St. Pancras, and other places, having also a resi-
dua near Cork. The aggregate liabilities are 72,014 L,
against which there is property held as security. consisting
of estates in Ireland and elsewhere, valued at 67,0001. The
payout expenditure was stated it 2,3001. a year. The
cue has been before the court nearly two years, thou
having been frequent mdjoarnmente with a view to super-
seding.
Mr. Lawrence, for the bankrupt, stated that he was un-
able at present to carry out the contemplated assuagement,
but he hoped eventually to do so. Most voluminous ac-
counts bad been reedered, to which no objection whatever
bad been made ; and the bankrupt now sought to pass and
receive his order of dischurgs.
Mr. Harrison, for the assignees offered no opposition.
No advantage would arias from further protractiog thecue.
Mr. Sargood, Mr. It. Griffiths, and Mr. Brough, each
representing creditors, offered no opposition to the appli-
cation.
Mr. Bagley, for creditors, opposed, and wished for fur.
thee information. The bankrapt had certainly been a long
time before the court, but the delay had been entirely at
his own request. The creditors bad been led to expect an
offer of composition, but the bankrupt now admitted that
he was not is a position to make one. He wished for time
to examine the accounts and liberty to make requisitions, if
so advised.
Hie Honour held that the opposing creditors sure
entitled to time for investigation, and directed an adjourn-
ment for six weeks.

IN RI P. N. erwanns.
The briar/rapt was • merchant, of Meorptwetreet. The
liabilities are stated at 10,7191. ; smote dependent on the
result of coesirnmente to Bombay.
Mr. Davis (from the *Mos of Menem. Ashurst) asked for
an adjournmest to allow of amounts being reoeived from
Bombay.
Mr. Sargood or three
for the bankrupt.
An adjournmepnt for three months wee ordered.