The Express.
London, England, 1849-02-23 00:00:00

Lab) *Met 1 Bence.

HOUSE OF LORDS.—YISTIIIIDAT.
The house gave tudgment is the following eases :
CILLIOASD CO. V. DuFFaite AND CO --11111171C111117 STEAM

EXOINII.-DLYAOIIII.-JODWIAL AttEITSATION,

Thi;;ppe;lfroza7n tes inert; 7f the Coors offielsion
ia Beetlaad we. argued on the 12th and 13th of this month,
sad the fasts and question raised on them mere Mated in our
Wron those occasions. They mill flush's. appear in the
ing judgm-nt. The appellants are the director, of the
Toith, London, Edinburgh, and Glasgow Steam Compaey.
The respondents are manufeeturen of steam-engines In
Aberdeen. _

The Lai Chancellor said this wu a cue of extreme difli-
mat, spes_the facts in evidence, tkoteh no difficulty what-
ever etue in it in point of law. Thew wee a contract for
the manufacture of a steam enebse which visa to be in per
teat condition at the end of ex months' workinx. The
matelot between the parties wee whether the steam enigine
which wee nnqqestionably inefacient at the end at six
L°lltwas inefficient when it wee supplied. That p...-
itepally depended upon whether certain cracks in
the .under were there et the tints of the ionization of the
or not. This eras • matter for immediate investigation,
and that investigation by a jury. In this countryit would have
been of in a very few weeks, and it might have been
of in • useddat• term in Scotland, but the Court of
Sedan had, with an uniortunate kindness to the parties,
commend to look into the matter themeely,s, and so it ap•
pass that a Ltigation bad arises, whisk, began is the par

'1835, is ad till now brought to this louse to be &aided.
Under the circumstances of this are, the Court at Session
.bacessei a awe arbitrator, cad es no imputation was spade
against Vie arbitra•ses, the decision was not sallied to be
smisminsd. Bet, besides thisoke sppeisl was positively for
• by the t nes of teo sets of parliament the 65 Ge o.
111., e. 42, and the et Geo. 111., e. 36, which deelsred that
it should net be easepsteet to say party to brie. as ter re-
view any lateriender or decides cone to by e& trial by jury.
As the emit has had, merely at the request et. the parties,
aseessed the ditties of a Jury, the spirit of these statutes ap-
plied to the &idea, and the appeal was therefore incompe-
tent.
Lead Campbell sad Lord Brougham severally expressed
their fell amoureuse is the Lied Chaacelloe's view, sad
the judgment of the Court of Sew Joe was than ankased,
with cuts of the appeal.
Bent o. BLACK AND Otiliia.
This was also an appeal from the Caret et flession, aad was
argued hoe an the 16th sad 19th inst., and the chninetestoes
et the ease were then skied in our report. It will be
neil-
leeted that the question antes between the seibedibers ist •
feed for beading additional churches is Ghsegew, Wedded
to he iambi& aerobes bat the divisions I. dearik smatters
he Scotland, sad the doodles of the seeds there since, de-
, tested the eeisdaal 'aunties, aid the question wan whether
the cherubs, that were balk should net be meld, and the pro-
ceeds divided among the Gabes:Mem or whether they may
not he end as &spas of ease.
The Lord-Clumealler, moving the judgment of the house,
said that the ere wadi be sae of very great insurtanu, in-
volving, as it did, questions of very great difficulty of *elu-
des, if the decision deism questions was necessary in the
circumstances leader which the ems was sow presented to
the honer. Bat the decision of those quinine was by no
mesas necessary. It appeared that before the year 1834 era-
tale subscriptions mere entered We in Scotland for certain
purposes. The pursuers (plaintiffs) alleged that these pur-
poses had entirely failed, and they therefore claimed to have
their subcriptions returned to them. The return of the sab
seriptioas could only be effected by the sale of certain churches
which had been erected. The sum appointed to the build-
ing of these flambee, however, had- lot only been made
up by the pursuers' subscriptions, but partly by grant by
the government, and partly by the contributions of corpo-
rate bodies, and partly alto by the 'hunk catahlishment
itself. It, therefor*, became impossible to know all the per-
sons to whom, and in what proportions, these subscriptions
mud be returned ; and how to make that return, if making
the return was absolutely necessary, would be a matter of
extreme difficulty. But sack was not the ease. It was clear
that before asv put of the salwariptiose weld be required to
be mused, these who demeaded each ?stern meet show
that the pupae for which they had made their rabscrip-
lions was of a outdo character, and that the purpose to
which they bed since born applied was not ealy incapable of
being identified with that which they ad in view, bet that
it was different frank that purpose. In his opinion the oar.
seen had entirely failed to show that that was the ease. They
said that the object was to establish twenty churches and
new parochial districts in Glempre,sed that as it now appear-
ed that the chinch courts had MOW to create these new
paseshial districts with all the peyote sad attributes of dis-
tristbs:stgitee. the object of the saliseripliens had failed, and
lei swiewipdses mitt to be Massed. Bet, upon
the asset mule weed of the papas, la the awe he
wee elepials* that the paean apron both points.' The
boding of if the subscriptions was that of giving reli-
giose butrodieit to the people of Glasgow, and the is of
asking parochial districts was only one of the MOW by
which it was supposed that that instructica mold be most
effectively administered. This amend to be=4:1:::
es the peopessls for the oribstriptioss sad
mew which they were made. It did ma Wow that the
=triibilsd merely biomes ere of the mil= erase*. it'
et le made mashie. But, bibs Mb. bed net
appear see meat midi sever be 11110.74 Abash
at pretest Shop add aid le bmeght weeds.. There
is a some psmemei the pewee to make those pars
dial divides* shield Me ebersamancee of the ease wear to
juadly the rands* et sash • power ; so that, even seserane
that the divhisa was to be se end sad net a mesas of giving
effect to the purpose of the subscribers, it only appeared that
that end wee peammed, sad not entirely abandoned. Under
them etremsstemes his lordship was of opinion that the suit I
had bees *bay dhosheed is the court below, and that the
interlocutor mem be affirmed.

—LordiGesbamand Lord Campbell severally 'imaged
their csmearream, tad the interlocutor was 'armed with
mats el the appeal.

COURT OF COMMON PLRAR—YstrmAT.
xm Parvs.—Defers Chief autism Wilde sad a !hada Jury.
KINCAID AND 0711115 V. WILLIS.

This was an actioa on the is.. to recover damages for in-
juries sustained by the plaintiffs, in eenecquenas of a ship
WWI the babes, which leioeged to thee. and was bound
far er‘awl, bevies gone aground at Limbos's es the 14th
of May, Int through the raiscludact of the and
crow of a stesin-tag, called the Newcastle, es the
Shipowners' Towing Conically, of whisk the ishodeat is the
seeretery. The is.. lasted tie whole d bed set pert
until when the court rose. We. Mirthr defies., report
until to-morrow.

COURT pF EXCHIQUBI!.—IIasynaDATt

xs ICani.:itairi; Mr. Barra Platt and a larks 'pedal Jury.
GLOMS O. BUNNIIT.—LIIIIII.—Txs LONDON POIT•
OVVICN DULICTOZT.

This was as miles bressit to recover compensation in
damages fee cereals articles which appeared in the John Bosh
a the 10th and 27th of luly, 1847. Its wers&
tti:le= on
ff who bad famerly bees ented in the Cm
q
tow, was a letter carrier about the peepelletei the publics-
dome in uestion, whia &gad oilh Weft been
&mined from hie sitnalien in the Pietas* is, having
hawed with whose's@ to pomade them oat to trim their
mideses spinet me Ahearn Thacker, a mese is the Pat-
ella, who Mil enbsegundy hue mevieted ad arempieted
upon a eizzof
vlesasZ nabented meleeslath
tees. The sot guilty, sea a spe-
cial plea of ballades alleging the truth of the
libels, and nit rries to one Robert Watte sad ors Beery
Thomas; as the eitheme with whom the phial', had
tampered. It wearied hem cowers statement that the
plaintiff, in 184*, had owed an investigation to be made
by the Pommeter General respectiag the oonduct of
Mesas. Kelly end Holmium, two superior °Moan of the
General Pam-ode, with mom to their having employed
the lettw-canieve in obtaining informatics and subscribers
for " Rare Poet-ethos Directory." That investigation
was not proceeded with in consequence of the diensiesal
of another letter carrier named Whits% immediately
after be had given his evidence; and in censimemce the
other letter-carriers were apprehend,* ef coming forward
as Mitchell had, lest they should be treated as he lad been.
That the plaintiff, thereupon, became a marked man, and
his dismissal wee procured upon as unfounded chugs of
having tampered with the lettermnier Watts, who, it was
supposed, meld give importaist evidence to sustain thee:harp
of embunimmt against Thacker. Oa the 3rd of July,
1847, the dimaimal of the plaintiff took place, and soon
afterwards Mr. T. S. Deumembe, the member for Finsbury,
brought the matter, together with the charges i
Meows. Kell and Bokenham, under the ernsesderarslt
if
I the Home of Ores TM articles whisk were the sub-
ject of this mike oreameneed messy en Mr. Dineembes
bevies bewsht the mettle helm aid foe hav-
ing emesistM Idmiselheitkenapeeeme esTheekeroke. 1 hue
being the posed bete of the emegle
te was read, and
after rosionts apOleatiem Ile die aur
Mr. Martin, ea iselod of the ashodani, contended that
then eras no ground he suppeeing he kad been Miaowed
by sa2mAalies to the plahtiff. The fact stated it the wicks
of was strictly and literally true, for the plaintiff had =—dismiewd foe the eaves alleged. If any oats had
mina to maple* it was Mr. Thos. Duneembe. Bat the
publication mold not have caused the plaintiff the heat pos-
sible amount of Wary, foe no one belonging to the dem in
which he Med was ever likely to read the lab lad. It
would oppose that is the mesh( oldie list Friday in June,
1847 the pieletiff met Robert Watts, the letimearrier, at
the bleed.= thistle public house, mar the Bull and
Mouth in egahmtreet. The plaudit laid le his with
napes. to nether, who bad jest then Mm apprehended
upon the imp of suallamineeM, "Ti. mm'S see Mew
toe meek ahem Thether." Therespee Waft
" answered,
Tatty will net he able to get meth net of ma wu
N
my sithathea or—et rigid as" That solver-
adios was thee ther le the pethethes athheeities.
When Path wee at 'About be OM denied it, hat after-
wards be admitted it was all loth As was Maw
diately Mediated by the Posamemo-Gemed in -poem The
plaintiff end Wets, end a leder seethe named Theme, who
was present at and heard the sommanden, were 1111111Mdatd.
TM meek me the Month of Cloodearde was satisiled the
*Meth was guilty of having tampered with the wimmes,
aid
mhe es@seey dientheed him as ones, stating that as
tke em

—the Numb et Chntissrde deposed that ma the itd July,
180, be imitMod an fragelry into the charges against the
plaintiff and Wells. They were toth monied, and elm a
man nammil Therm. They were sustained separately Ant,
and altetwerle in the presence of each other. When the
three were MeMbar, the statements of Watts and Thomas
were read to tiiee }lista Watts had stated that the plain-
tiff mid to hiss at the Nottingham Cast/a, with reference to
the charge against Thacker, " You mom not know Vo mash
about it." Vol. Mabarly and Mr. Peacock, the solicitor of
the PoWolies, we. ipremsh. The plaintiff denied that he
had mei the weeds in the swig in which Watts and Thomas
mid *my wediesited them. Tim noble lord said be ham.-
Middy dimairsed the plaintiff km having endeavoured to
tu with Watts.
rreatudy *Miter to the Post•offlee, stated that he bad
talon an aides part in the investigation reapeeting the
charges spinet iffesens. Kelly and Bokenham in 1846, and
also la diet anainst the plaintiff Was present when the
Marquis of Claariearde examined the plaintiff, Watts and
Tbemem lie entirely amearred in the impiety of the
nits m_emimis'a oa the occasion.
Cal. Ashmiy, /keret try to the Post-Dam was she pre-
sent at the *stinky, and fully contorted with the Marquis of
Clanriearde in the view he had tam of the Meta and the de-
tamminidies be united at.
_ _

—ileileriiifitts7l4sti-ead That he woe a letter-easier in June,
1847. Thacker was a meter. Remembered a panel of
&Mira lanes having been placed near Thacker. It was
witness's duty is take them away and have them re-sorted.
Thacker would not allow him to toneh them. He was
watched. Witness went out on his delivery, and upon
returniag found Thacker, Warm, and elitet is custody
for outhunting these letup. Whams told Hr. Clare of
what had owned with reforms is the NUM, and that
Tischer would edam them $9 be remitted, but that he
passed them ever to litieffmem. Met Grapes, the plaintiff,
the same evening, at the Nottingham Cued% whim be said,
yen will be tailed up to-maw wasiag about Thaekees
badness, but you must net knew tee mei sheet the matter.
Henn Themes, letter earner, who sell he heard the words
used, matidteranal this wimms, se sloe W Hr. Howard, a
Women et letters, who stated that the_tiff. after hie
damaged mid be had made Watts a esiet ; that Wane

told the wholo affair to cues Smith, who told it to the Post-
ale. authorities.

fiesitn, also a letter carrier, proved that Una
co the day he wee distilled, art him near tits Post.
adios and shock his had very sigaifiaantly at him. Witmer I
then asked bin what he want, wilentapal the plaintiff said
with as oath "Yea are a pntty fellow, for splitting
open us. I'll hart sa eye amazes." There vas, abates
I ma. as feandatlea hr tie pkiatlff's theme.
kr lisissaltem was itamiaita to prove that the owl"
scab* &epee had pee through his ofil.e to the Mamas of
Clearkerde.

liraTli was also teaderekke szemisation, bat go gam-
time was pet to him.
Mr. Heath, the landlord of the Nottingham Cud*, was
called up m the pialatirs behalf to prove that ha had gaga
the plaistiff and Watts *making upon Thacker'. ease oa the
etesseloa adverted to. The itsff did not use the words
stated by Watts sad Thomas. bat on the contrary, warned
Watts " sot to aey more than was necemary, but whatever
he said. let it be the truth and to stick to ft.'
Mr. Hama Platt summed up, leaving it to the jury to de-
termine, first, whether the phdatiff had been diunkeed from
the oast-efice ea the ground of haying tampered with the
witnesses OM about to be examined before the emutituted
authorities. And, secondly, whether the plaintiff did trades-
veer to tamper with the witless's., or either of them, to in-
duce them not to give their evidence at that inquiry.
TM jury, after deliberating about three quarters of an
hoar, foaod a verdist for the plaintiff—demages 101.

COURT OP llRClBll.—Ynarnantr.
Mare Hart Davis, req.; Thomas Denim, Esq.; and awoke
Pressley, Esq.
CONVICTION OF AN iLLICIT MALTITIR.
J. Shaman and W. Sherman, of Nos. 2 and 3, Warner-
Oaos, Ilsoksoy-road. were ahmod with making illicit malt.
The penalties were had at 1,0001. A model of the prosaisiv
wee produced, hoes which it !appeared that tb• pound
floor date premises presented merely the ordinary fittings
up of s Mon room for malt, bat an lifting up trap-doors at
either sad, a demist underground we anted by laden,
whore a malt-bonne, with all the seces,ary apparatus, uten-
sils, &e, was disomred.
Th. cent adjudged the defendants to pay a penalty of
1,0001., and declared the whole of the malt, malting appara-
tus and utensils to ha formice..l.

COURT OF BANKRUPTCY.—TairaZDAY.
Balers Yr. Ocenndotaine Pane.
FILAODULIDIT PRZFIZINCIL
10011114 de Wigs commission agent and share dealer, of
Threguseetem-airset, came up for his last examination on a
linieseariseet, showing 2,0011. of debt end liabilities, and 901.
of must.—Mr. Canaan, the official assignee, stated that the
assets would be nothisg, the debt being due from a pence
at Boulogne. He had been out of business for the lost 12
months, and had been part of the time in prison. The fist
was en his own petition, and the oaly creditor who had
proved, and been appointed assignee, was a Mr. Thompson,
a friend of the bankrupt.—ln examination the bankrupt
stated that he began basiness in June, 1848, having bee.
previously • clerk to Mr. Kell, of the Stock Exchange, and
who had hseuse insolvent. He carried on bonnets at the
sum place as Mr. Kt-11 had occupied. Had become security
for a debt of Kill's to Mr. Goodman, of Totten-
has, giving him a prosaism note for 8601.
des Kell's failure, for which no consideration
mei given. Goodman had previously advanced 8301.
es Kell, for the pupae of Rating him (the bankrupt) a
member of the Stock Exchange. The was about six menthe
balsre Ker.'s failure. He was to have gone into partnership
with Kell. Had given Goodman security for his advance by
seeking over to kis, in January or February 1848, a revs,
deem Wens& worth from Mt to 8001, to which he was
eatitleil ea the death of his mother. Could not state how
muck he awed whin he gave this security. The official as.
mime esid II was clear that he owed then as much as be
evail sew, with one trilling excerime.
The Commndeaer said unless the bankrupt meld gift a
_ .

more satiefeettu esnennt et his affairs, he mad adjourn the
cam eke die. Na bed trensksed the whole of his assets to
one puticalar eeeMer, braving the rest without scything.
He had only stlersed she geed debt, and .n that cese VIII
party was at Desiegae. No one had come fwward to act as
Vrebut a &bail the bankrupt. The official 11111411118
titt the 4001. or 6001. of the doubtful debts were
clearly bed, being in reaped of gambling stock ex-
haage traassdione. His Honour said, a person of
this description was entitled to no lemony from the court.
The baakrupt according to his own confession in his
lad carried en these gambling tr.usactilna for
abasirojer "
abtVellingbecough to such an extent that there was
a sum of SOK due to that Berson. Besides that, he had
voluntarily Warred a liability to Goodman, to whom he
had afterwemis made over the whole of his property.
Haring dunsied himself of all assets, and thereby pr.cdally
deterred say batik creditor from accepting the offing et m-
esses be ism to this court and presented accounts which
be expeted he pro w:thout examination The last *Lami-
nation msg, tbseelime, be adioarnei sine die, with liberty to
the bealvot le cone up at the end of two years from the
date of his protection is the meantime* to be refused.
He would set 111 any limit, as wee usual in these cues, to
the impriassment which the bankrupt should undergo is case
he were aniseed, bat would save tim to apply lot hie die
sharp, endbeing his case spin before the court

WESTMINSTER, COUNTY COURT—Ynerannae.
Deka D. C. lloytmi, Esq. Judge.
SWINT' e. LIITY.--COMUMI. OP • BzUttlell Onicuz
wow Iwourwono seen Joao&
This (en mdmpermat ace) wan ma emits to rmover
41. yk., mid
the Wedseeday was decided in favour of the
OaratiC dehadeat heat the well.lmowashesiff's other.
The instant judgment wee ',Meowed Mr. Levy exclaimed,
at " As I eet the :milk gmmeolm,ll never expected that
awould do otherwise Neu decide melted me." The
imesatle adored him Me the onsiedy el the high
be del till the r~ttesttetg of the mutt. When
the baits et the day was esaThed. Mr. Levy was in-
trodusid, and oohed by the Judge • bother be bed say ob-
serve.. be make, in the way of justification we apology.
" Sir, I welt pear piewasre," was the reply.
nes (mid the him), although I cannot say it is my
pleasure, I fie[ that his my duty. to commit you to prison
for a roes Walt offered to this court. You call yourself,
Mr. Lawrence Levy, an officer of the law. I should have
thought it your meet especial duty to uphold its adminittra.
floa ; en the contrary, you hare publicly charged the court
with allowing its judgment to be warped by a religious
prejudice egainet a large and respected dais of our fellow.
citizens. Your words, in addressing me, were these, "As
lam of the Jewish persuasion I never expected that you
would do otherwise than de:ride against me"--eonnying
very distinctly an imputation that, if not wholly antra*,
would raider me most unfit for the respecaible office I hold.
I cannot imagine a more serious charge, if well founded, or
a grosser Insult, it untrue, as I well know it to be. I
should, therefor*, fail in my public duty if I did not, in a
marked manser, signify my genes of your misconduct.
Even now, efts; three hours' time for reflection, you offer
no expremion of regret; nor will you do so, I dare say,
until you barn that, under the power vested in me by the
113th nectista of the 9th and 10th Viet, e. 95, I order you
to *Mg sommitted to the Tothill. fields Haase of Correction
for the lens .1 seven days.
Bebe, Lwrys removal to prison Mrs. Levy and her sous
waited up* the judge at his private residence, but he re-
fused to alts his decision.

Yeets aylts. Hughes, the barrister, accompanied by a
number of Ur. Levy's friends, applied to the judge for his
diedlarge, et the mane time handier up to his honour s
written soritegg *ma Ifr. Levy. Mr. Hughes bogged of the
emort, K& did aet think proper to di ,charge his cheat ien-
isslialgy. it would omelet to shorten the duration of his
I=ll—if you can give me any mason, Mr. Hughes,
he Waking the eider I made yesterday in this matter ea
=joie ee even a hank one, I should at once be too happy to
canal it. At sat I have heard nothing beyond proof of
this—that Mr. now sincerely laments the consequences
of his miamaduet. wish I could think he regretted his owe
act of simeadest as mush as he does those eoesequenees.
Teatime will be the aommeseereent of the Jewish Sab-
bath. mid I think that the respect due to this court may be
tedielestly vindicated without keeping the prisoner from the
azarehe of his religious duties upon that day. I shall to.
morrow (this day) make an order ha his dawdlers*.
Mr. Lewiston attorney, mede ma spOsmtion fit the re-
lease of Mr. Levy, on the ground a writ of espies at
lagahma had bees directed M the sheriff for =maim that
day, and the warrant dinned that Lawrence Levy ehould
serve it. Now, if this wee net dose, the sheriff would be
held respenlisle he the lea ef the debt.
The ledge—There are pleat, of ether allows to serve it.
Mr. Lewis—The warmth fteenA to Levy, sad he alone

Tire Tao end it nu his opinion that if any arisn was
brought against tin *Mr kr negligence, Mr. Lory's in
saturation at ties dna wenbleirripawood and anilkient answer
to it. He had Ms intention of releasing
Mr. Levy on Trialtr;,dt at be entainly should not do so
before.