The Express.
London, England, 1849-01-23 00:00:00

THE. EXPRESS, TUESDAY EVENING, JANUARY 23, 1849. :-

et that paper, for anmotally db.
▪ iii kola their engloyant The dehadents
the general hew, • deiiaf of the wsturgfol diemisad,
analeettly,a genet plea etnedlination. Thisplea la @abeam
lailegod. that the plane as M. inatlenele peon of the
nuns dWe n& ea emble Iws wenn to the
Inge olend nefangeper at Bristol, monk, a rermaitot
Went up of nenedimes ghost to take, gnu ;no
alnka=oolo Iblime 00 the kethcati nualaatlea of
Wary Smith, a bankrupt, nimbi on nu
Co thin len a private washy saistien banns Wearing
ea
Smith; that a fall report was Deal tel ag *gams, on
oho gin of Aline. 1846, and ea the wenn' at the swat
Zetlis seektail- alarm from dank dinned to the pn-
et tho Dale News, NON Weeeinn honied he
weal seals no anon of his velvets Wein end wining
Gm net to Am weir paper Is henna the widen of the
Onto aninedg of Wearing towude him ; which letter the
Iglannik ~
nerd dale.
eyeseat.eohate dc,rekept
pees,roel47freas tits rotar bitrit
teed prepare the latter for insertion in the Dafel
Nerte.leeeire be gratify the vindictive feelings of Wooing;
and eta_plee coadaded ley averring that the plaintiff, to
gratify Wee ~a hello. of eiy, suffered lint to N-
eon in the Doily New et the ant day a report, ea that
the report was garbled; der "Me ndesemint et the plain
tiff the defendants won amend in the Ina& of sonnet
complained of. At the trial &dog the 6oildhall sittings
after Ttiaity Tens, 1847, the egomania* of i • pontiff
in Denman r, 1846, in the eaparAtit et sub editor ker • period
of two at a salary of ltd. par wok, and his dihnissal by
the tleiMsute he the August et the following year. were
In abeam dean Kin Mitre
ked all the panniers
CeL dsteited la the plea, with the exception of the
N wen endel in ',Admire en the poet of the
There woe wain to show the report was
i=edbreadptahlaln thethellaaleranny report at Bristol
did wit mean from boa fide =Tout ewes promeoted
and astigated by Wearing, • penenal enemy. In it ap-
peared in the Bristol report ; bet no alludes to Wearing's
same was suffered to remain in thee abridged non rt.
At legally wee afterwards instituted into the whole matter,
watch resulted in the plaintiff being forthwith naiad
On behalf of plaintiff, a number of editors and sub-editon
proved it sett by no means frequent, and often inniconba,
tram the late hour letters arrived at the office, to goinniuni-
cats their contents to the proprietcen. All but ore of
theca (who said it was • matter of taste) stated
had they been in Powell's position, they would have acted
as he had dune, for in their opinion the report as inserted
was a fair abridgment, and contained matter of pablio in-
tenet calling for its ineertion, and that the intrinsic' nature of
the report itself was the test they would have gone by.
Moreover, certain pencil marks of Powell, found in the re-
port, incicated it had undergone his mina. For the
defendants it was shown, that the course of writing into the
country tor a report was unprecedented, and that in this in-
stance the plaintiff lied actually written a second time re.
stadia( the Bristol reporter.—The manager stated, that
the report on its appearance in the paper struck him es very
sod Mitten inquiry instituted by lum,Powell admitted he
had watt= upon the request of Wearing, and knew through-
out of Wearag's personal hostility towards Smith. Up to
the time of the inquiry Smith's letter bad never
come into the heads of the proprietors. but
was found to have been taken home to his chambers by
Wearing. The jury accompanied their verdict by specially
finding the report as published was not a garbled report"
Mr. &risen Wilkins, with whom were Mr. Hugh Hill
and Kr. Redolence', showed cause against the rule, and
contended the verdict ought not to be disturbed on either
ground. It was not pretended that Powell wrote fur an us-
air report, nor wan then any reason for 'eying the letter
from Smith aught to have been communicated to the pro-
prietors. The . gist of the plea was that the report was
garbled. The pry, after comparing the report from Bristol
With the abridged report, had distinctly negatived that tact.
No matter however keen the feud henna Wearing and
Smith, or that Powell knew of it, for if the report was of
public interest, and a fair report, it was Powell's duty to
have it inserted. It was obviously of public interest, having
reference to the question whether the earedop and losses of
gaming transactions ought to be entered on the balance.
sheet of a bankrupt; nor was its insertion quarrelled with
en this ground.
The Attorney General (with him Mr. Wells) were heard
is support of the rule, and urged the report, as inserted, was
garbled. It might sot interest the public to know that
Smith was opposed in the bankrupt court, from motives of
private enmity ; but it was doe to Smith not to ben wholly
omitted that circumstance, which he there stated in his
defence. But independently of the "garbling,' the
other fasts stated la the plea, and proved at the
trial, afforded good can for dismasaL Granting
the report was a hie and true one, Powell was
guilty of a clear breach of duty in going cut of the usual
course to procure, and then to suffer to be published, any
account, however tree, or however interesting to the public,
in order to gratify the prints and malignant pique of a per-
son connected with the piper. It was submitted the facts
save rise to the inference that such was the motive which
influenced him.
Chief Justice Wilde.—l thought at the trial the plea was
proved aad the gablise was proved.
Atthenados de armenens, and after some minutes'
conenftstlen Mr. Junes Mane and : With regal d to the
vadat Wag against widens there is a difference of opinion
in the 'sun lth the sodden bat as the learned judge who
tried the 'SIM h dintisled with the verdict, we an of
opinion that ON Ms should De anoluta tor a new trial on
tweal teems of payment of costs by the defendants.
Chief Junks Wilde added : I think it inexpedient to
make any observations upon the evidence now, as the cause
will have to be grain tried. Rule absolute accordingly.

COPIRT OF EXCHEQUER.--YESTBRDAY.
lefts la Banco.

TABLES (CLERK) V. BULLWAN.—EPTINCTS OF.:THE
Trraz COMICTATIOX ACT. 4., 7: 1
This was an action of covenant brought by the plaintiff,
who woo vicar of floham, in Cambridgeshire, to recover 1741.
The question at issue came Debra the court upon a demurrer,
which was argued upon a former day. It appeared the
plaintiff executed a lease of all the tithes of his rectory for
1,6001 for one year, commencing the Ilth of October, 1844,
to the defendant and others. That sum was to be paid by
instalments, at fixed dates ; but before the entire was dis-
charged the Tithe Commutation Act substituted a rent.
charge for the tithes, and the defendant refused to pay any
more of the instalments. It was argued on his behalf
that as the plaintiff's right to tithes was extinguished
by the provisions of the act, by which a rent charge was sub-
stituted, it operated as an eviction. And, upon the same
principle, that a lessee was exempted from the payment of
runt after being evicted, the defendant was discharged from
the instalment now sought to be recovered--The court gave
Judgment yesterday, and were of opinion that that argument
was not tenable. It was quite true the plaintiff's right to
tithe. was extinguished ; but the legislature substituted for
them a rent-charge, which rendered this a totally different
case from that where an eviction took place. There was no
analogy whatever between the two cases, and the same rule
of law did sot apply to them. It did not appear that the
plaintiff had done anything W deprive him of his right to re-
cover under the covenant ; and he was therefore entitled to
have the instalment he claimed.—lcedgment for the plai..tiff.
There were several demurrers struck out of the paper, in
consequence of the absence of counsel.
Ni. Pairs at Waisaiasier.--lasfoes Mr. Hams Mak and a Middlesex

Cana= Jul,
HALT IL LIVISAY,..-ALLSOZD YALSI
Oka..

This won an adios to mover eoespensation in damages
for en aUtged imprisonment of the plaintiff, a plunger in
the ship China," from Sydney to Begiand, by the de-
fendant, the oommaader of that vessel, while ca the voyage.
The plaintiff's awe was stated to the jury
.by Yr. M. cham-
bers, and ea* vitae,. was galled and paraelly examined be-
fore the rising of the smut on Friday. Oa the name of the
jury being salted OM yesterday monde', it was btated that
an arrangement had been made between the parties to the
effect that ajnryman should be withdrawn. This was Sc.
oordingly date, and so the ere terminated.

Boooi IP. RAWLI.--13LANDIZ OF Tina.
This was an action to recover eximpematioa is damages for
a dander d title on the part of the defendant, whereby, as
the plaintiff alleged, he had nstaised damage in the sale of
some lsembeldvay.—Mr, Cockburn sad Mr. Cowling
Mserkw sod Mr. M.Ckembers sad Mr.Haw-
f:a the From the statmeeM el the plain-
tiff's ease, it appeared that the dehaileat is the owner of
two housis, His. 27 and 28, Traidger-street, Walworth-
read, whisk were leased for a term of years to a person
aimed Backland, who afterwards mebraell the lease to the
it:Lls 1847, the plaintiff became Waived is dial:sl-
ad maiden was honed ageism. him to an action at
the WI ef a Mr. Hugh Hill. The shed, imam that execu-
tion made the usual formal intimation, that the plaintiff's
property in the lease would be adi, mad ea auction was
assordingly held ea the 10th of November last. Mr. Bawls,
the defendant, attended on the essaism, and he stated
to the persons peanut that Brook hod heleited his lease, that
all the animate were brakes, emit that he (Rawls) had
served a noticed eiretuatal, whisk he was determined to
sorry into effect. The hoes was pat ap sad knocked down,
as the plaintiff emleaded only for half its value, uhe was
to move that several paeans were presoak who,
it born for the statumeat made by Rawls, were pre.
pared to bid to disable the amount, and am of whom had
=bred a sum el mosey as a &pail. The plaintiff
thee no Wise el ejectment had been served on
him; thee* sells he had received boot the defendant
was see to repair the within three months, which
period had are them i
Several wllessem wen called, who gaming corroborated
the his above Metsh—Gleerge Doge] an aestioseer and
setae swat, mid heelleedri the soli with instructions to
bid Me the leen to the West of frees 801. to 861. Before
the sale Mr. Bawls mid thee the covenants of the lease had
his. WWI brass, that it would met something consider-
able to pet Me Maim WO repair, sad he said that a notice
eheelmeet had hoes sieved oe Mr. Brook. In comm-
rna that demist witatos refrained from bidding.—
libameads, • earmyto, said he alas refrained from
=2l oamotoooso of the statemeot med. by
The Mem sold for 36L, whisk he (*n-
ibbled was wily ewethird of its valm.—Mr. Wet-
bias, a thnbmilaeler. west to the ale prepared to
go the length of from 70i. to 801. for the Was ; but, after
what the afloat hadised staled, he did net bid.—Wm.
Backlaad, Se Weed km" mid he led hid out from M.
le 1001. ea the maim Me told the hose to Brook, the
ter Ithl. •At the sale he hest Sara mg that all
timerivemele of the here had berm Weis% sad that he had
served Min el destmeat Aber the soh wee over, and
whim, pieta sod Bawls were guanthleg deur the atter,
the lathme mid Mt had served " satire a/ **dation " oa
du. mies L
h the e dehadant, eseleeded that his
dint litavieCtli= • sodas in the dellsohmta segoiring
him to the prmaisses or he •Moisi emir the tins et