The Express.
London, England, 1851-06-21 00:00:00

110
MARTUbOII,

...
Mr. A. Batton, run out --.
4 ........
b Blare
Mr. Belem, Ib w, b Buchanan ... 0 c Vernon, b Weirton 2
Mr. A. lieygarth, b Blom
Mr. Grundy • Vernon, b 8ia5...... 0 e Watoti, b Blurs 3
Dram b Whim 22 o Weston, b Beehaaan... 1
Mr. J. Mum b Weston I b Wefts. 22
Mr. P. Wan, s White, b Weston 0 not out 9
Polle.t, not out
Mr. 0. Porehre„ ran out 0 run out 2
Mr. T. Wickham, b Buebanan . .... 10 h Ponta= ......
Mr. O. Kettle, b Buchanan 0 b Blore 7
B,1; 1b,I; w, 7

And so the University won by twenty runs. Supposing
there had been better " longstopping' on the part of the
M. C. C., this match would have borne a far more satis-
factory appearance.

EMIGRATION PROM IRELAND.—A correepodent ot
the Limerick Reporter, writing from Clonmel, thus refers
t, the preparations for emigration which are being
made iu his neighbourhood : " The mighty tide
is only rising, and when the next harvest shall
ripen whole multitudes will fly from this unhappy
land. Vast preparations, lam positively enured, are
already being made by some of the parties for that end.
Within a few weeks some wealthy men have left our
borders for the New World, and some highly respectable
personsi aret namedras
opierribiiagg: follow.ta;Lmozesretthaneste,
one of the esteemed adociety of ilrienige,c who, to my cer-
tain knowledge, a few years since, paid in wages alone
between thirty and forty pounds a week. This
amiable gentleman, unable to turn his capital to account,
has resolved, I hear, to leave very shortly for Ame-
rica. May he, and all worthy men like him, meet in the
land of has adoption what it is needles to expect now at
home—the reward which industry alight to insure, and the
freedom which Irishmen should have to worship their
Creator after the manner best approved of by their ma-
atiencee—a right whieb, it is useless cow to boast, as the
recreant Lord John Itumell, with the aid of a fanatical
msjority,e is allowed to re-enact onus more the abominable
peaal cod.

Rah) Intelligence.

COURT OF QUEEN'S BENCH.-YEgTERDAY.

..,_
DIPOUR Into CAMI.II.IJ.,•ND A SPIICIAL JUST.
INOLI4 v. EAST INDIA COMPANY.
This was enaction brought by the plaintiff against the
ICompany for 29 months' salary, at 404 per month. The
defendants pleaded as toll months' payment, and as to
I the remaining seven months—let, that the plaintiff did not
serve ; and secondly, that an arrangement was made by
which the plaintiff was to have leave of absence and re-
ceive a decreased salary ; and there was another set of pleas
which raised a question whether the plaintiff was a her-
vantwithin the meaning of the acts of parliament, which
prohibit the payment of salaries to officers or servants of
the Company during their absence from the presidency to
which they belonged.
It appeared from the statement of the case that the
plaintiff was appointed by deed to act as engineer, and to
proceed to Bombay to superintend the building of steam-
failed; he had becq
.11BieginntesOtnilleerae; 7 and '' Ilisthheealreathl)l;C:l4tion between the parties
was whether the plaintiff was entitled to be paid the full
salary of4ol. per month, and was entitled to a year's notice
of dismissal under the terms of the contract.
Lord Campbell intimated that the plaintiff could not be.,
considered as coming within the terms of the act of parlia-
ment referred to.
It was then arranged that the case should be turned into
a special case, for the purpose of taking the opinion of the
court upon the construction of the contract. .
WILLIS v. SYTTIL—ASSAULT AT THE HOUNSLOW
HAM/ACES.

The plaintiff in this case was a sheriff's officer, and the
defendant the lieutenant-colonel of the 16th Lancers. The
action was brought to recover compensation in damages for
an alleged assault by the defendant in striking the plaintiff,
and turning him out of the barrack-yard at Hounslow.
The filets of the ease appear fully from the evidence.—
Strong was called on behalf of the plaintiff, and swore
that he was assistant to Mr. Willis, the sheriff's *film. On
the 22nd of April last he went down with the plaintiff and
Harrington, an attorney's clerk, to arrest a Mr. Smith, who
was a cornet in the 16th Lancers, for a debt of 70!.
due to a boobnaker. lie went into the barracks first,
and found Cornet Smith in his room, which was on the
second fluor. Plaintiff and the attorney's clerk came iu
about ten minutes after. Cornet Smith asked them to re-
tire while he dressed. They did so. Witness remained
outside the door, and heard a scuffle going on below. Ile
heard somebody say, " There is another up stairs." Then
five or six officers came up. He did not know the first
that addressed him, but it was the orderly by his belt. lie ,
told them his business, and showed the warrant. The
orderly said if he did not go away he would fetch a carbine
and put a bullet through hint. Another (alien. (he believed
Captain Dashwood) said, " Don't do that ; put him out of
window." Cornet Smith then came out and said, " For
God's sake, gentlemen, what is all this about ? 1 will go
and speak to the colonel." He immediately ran down
stairs, and witness followed him. Did not hear what he said
to the colonel, but the colonel answered, " I)—n their eyes,
they shall not do as they like in my barracks." He could
then see the plaintiff being marched out by two soldiers.
They were then nearly across the yard. Harrington, the
attorney's clerk, was with Wills. The &foldout did not
speak to him (the witness) ; he stood on the
step of the door. Cornet Smith went up stairs again,
and he (witness) followed him and remained there
I two hours in his room. Other officers joined him;:
they had wine and cigars, and witness sat down and had a
couple of glasses. He then took Smith away in a brougham, .
which Smith had sent for. Witness promised to take him
to his attorney, and take his undertaking, and not to loek '
him up, and then he agreed to go. When they got outside t.
the barrack-yard they found plaintiff and Harrington. -
There were sentries at the gate.
On cross-examination he said the attorney gave a cheque
for the debt, and the cornet was discharged.
Harrington was the next witness called. lie said he was '
20 years old, and an attorney's clerk, and aceontpanied the
sheriff's officer to identify Smith ; that when he got into the
barracks ho went up-stairs with plaintiff, and Strong saidit
was all right ; he then turned to go down stairs, when he
was seized by an officer who asked him what he want•xl.
Ile answered that he was on her Majesty's service. The
officer said, " that will not do ; whom du you want ?" lie
(witness) did not tell him, not wishing to expose Smith..
The officer then dragged him down stairs, and said with an
oath, "We will soon see." lie dragged him to the colonel,
and said, " This youngster will not tell his business." .
Witness then told the colonel he had told the officer he was
on her Majesty's service, and he afterwards told him that
he wanted Cornet Smith. But he did not do that until
the colonel had held up his whip, and called him a G— •
d—d imp of a bitch. The plaintiff then came down stairs
and witness spoke to him. the colonel then said, " Here
comes another 0— d—d hop of a hitch—out with them
Loth." Plaintiff then said he had better mind what he was
about, as he (plaintiff) was an officer, us well as himself; upon
which the colonel said he did not care a d— who he was.
They were making use of the barracks us if they were their
own, and he then took plaintiff by the collar, and gave him
a tremendous posh, and sent hint off the steps into the bar-
rack yard. He then called a corporal who was on
the other side, and said to him, " Turn these two fellows
out, and don't let them pick their way." The corporal .
obe3red, and pushed them out of the yard, and they waited
in the rain about two hours till the cornet was brought out.
Oa cross-examination he said he had not been three
'dilutes in the barracks before the colonel spoke to him.
The colonel did not ask hint what he meant by being in the
Queen's service'; he (witness) did nut say to the colonel,
"You think yourself a very fine fellow, I dare say;' nor .
scything to that effect. One man walked them out, and
not two, as was stated by the other witness.
i A letter was then put n from the plaintiff to the colonel,
demanding an apology ; and no answer, denying having ever
assaulted the plaintiff, but admitting that he had turned
an insolent lad out of the barracks when there was another
person with him, and refusing any apology.
Mr. James addressed the jury for the defendant, and said
he should call all the officers who were present to show the
real nature of the transaction, which was, that the attorney's
clerk was very insolent and was turned out, and the plain-
tiff was never interfered with in any way.
Patrick l)ynon called, who said he was the adjutant to
the regiment, and on the 22nd April was conversing with
the colonel outside the officers' barracks. Remembered
two persons coming in. They came across to where they
were standing. The colonel asked hint who those fellows
were, and what was their business: he said he supposed
they were some people going to the messman. They passed
on without taking any notice of them, and went into the
barrack. The colonel said, "Go after them, and see what
they want." Witness then followed them upstairs, and
when he got to the top saw one of them, the clerk. Ito '
spoke to him, and asked him who he was, and what his
business was. He said be should not tell him • he had no
right to inquire. Witness said he had the right to
inquire, for he was adjutant of the regiment, and it was
his duty to know the business of every person who came to
the barracks. Harrington then said be was on the Queen's
service, and refused to tell him more. He then said,
" Very well, come this way and we will see," and pointed
to the direction of the passage by which he had come up.
Harrington went on before till they came to where tho
colonel was, and witness then said to the colonel" This is one
of the parties who said he is on the Queen's service, and
refuses to say more." The colonel Own said to Ilarrington,
" What do you mean by the Queen's service ?" He replied,
he should not tell him, it was no business of his. The
colonel then said, "Go out of the yard, you brat, or I will
have you kicked out." Itarrington said, " You cannot and
dare not do it." An orderly came up at the moment, and
the colonel said, " Turn that brat out of the barracks, and
see him out." The lad then went away with the orderly,
and kept turning round and using taunting expressions to-
wards the colonel. When lie got about 20 yards off, he
said, "You think yourself a very fine fellow, but I will
make you pay for this." The orderly was still follow-
ing him. The colonel never touched him, or offered
to do so. Ile had raised up his hand, pointing
the way he was to go. When the lad and
orderly were got about 30 yards towards the gate, the
plaintiff came out of the main entrance, at rather a quick
pace, and joined the lad and orderly voluntarily, and went
out of the barrack yard. lie did not speak to the colonel
nor the colonel to him, nor did the colonel touch him.
On cross-examination), he denied that the colonel swore
in the manner imputed to hint; he did swear sometimes. lie
must have seen it if the colonel had struck plaintiff.
In corroboration of this testimony, the orderly was called,
as were also Captain Heaviside and Captain Burton, who
saw the whole of the proceedings, and Cornet Smith, who
spoke only to what took place up stairs.
These witnesses all denied, positively, the story of the

and the butquage isnini-ed to thwecolonel.
• Wilkins addressed the -v in rr

Mr. f3;njeant 41 jury in reply.
' Lord Campbell summed up the evidence wry minutely.
The jury retired, and, after an absence of about an hour,
returned into court, and gave a verdict for defendant.

EXCHEQUER CHAMBER.-tiE,TERDAY.
CIIOWP CAW RNAILIMID.—Biroat Is LOW, CHIEI DAMN, Eti
BAROI, PAWL; Yt. JLITIOZ PATTIOON. MS. Je,,11/4
An, Mn. BAUM, MAIMS, on CROW/I CAMP RAAAII,6II,
THE QUEEN t. MAHE HOOAN.-STATUTE 5 GEO. IV.,
c. 83, Dots NOT EXTEND TO CASES OP ABANDONMENT OP
ILLEGITIMATE CHILDREN.

Tho point in this case was reserved by Mr. Justice
Wightman. The defendant was indicted for abandoning
her child, with intent to defraud the parish, and there was
another count, charging her with an attempt to defraud the
overseers of the poor. The prisoner was found guilty, but the
learned Judge having held that the statute 5 Geo.- IV., c. 83,
sec. 4, kad reference only to legitimate children, the case
was reserved for the opinion of this court.
Mr. Phinn, on behalf of the prosecution, now asked the
opinion of the court, as the object of the present indictment
was not the punishment of the defendant, who had been
I liberated on her own recognisances, but to obtain a decision
which might procure an alteration of the law. The ques-
tion submitted for the decision of the court was, whether, if
a mother abandoned her illegitimate child, with intent to
cause other persons to maintain that child, it was an indict-
able offence at common law?
The Lord Chief Baron said the court were unanimously
of opinion that the indictment could not be maintained. It
was, no doubt, an offence in the parent to neglect n
but it was not alleged here that the child hai sustained any
injury through the set of the mother, nor did it appear
that the mother had any means of providing for it.
' With reference to the supposed injury to the
• parish, he did not find any authority for saying
that any rson who was the occasion of a possible loss to
the Parish by leaving it to maintain the casual poor, was
t indictable. It might be quite consistent with all the alle-
gations of the indictment, that the woman being enable to