The Express.
London, England, 1847-04-29 00:00:00

COURT OF QUEEN'S BENCH.

Tun QUMEN O. SAUNDEUS.—CILIMINAL INFORYATION
A,OAINST A MAGISTRATE.—In this case the court had
directed the suspension of a rule nisi for a criminal informa-
tion against a magistrate for refusing to take bail for an
offence against the game-laws, until it should have received
a test, at.d had time to we:gh the effect of certain decisions,
which, it was contended, showed that the rule might issue,
although a term and an swine had elapsed since the act com-
plained of. At the sitting of the court Mr. Poshley, who
had applied for the rule, handed in a list of reported cases.
—Lord Denman, later in the day, said that the rule might
issue. . . .

During the remainder of the sitting the court was cr.-
gaged with eases from the Crown Paper, of no public
interest.

BAIL COURT.

Das7e o. PRICIWARD.—This ease, which has been part
beard, was resumed, and the jury found a verdict for the
plaintiff for the full amount claimed.

COIRT OF COMMON PLEAS.
&tunny in Boles
CAPEL AND 07111113 V. Joxes.—Axtroxis Li 11 EL.—This
case came before the court upon demurrer to the plaintiff's
declaration. It wee an action for libel brought by the
plaintiffs, sharebrokers in the City, against the defendant,
who had employed them to purchase for him certain railway '
shares, or scrip certificates. The declaration stated that, on
the 22nd October, 1846, the defendant falsely, wickedly, and
maliciously composed and published, in the !laity News, the
following libel of and concerning the plaintiffs in relation to
their business sad profession, etc. :
Wording.—Jean Opel, Nonbury, Trades., ad Uy tharebrokers,
are informed that the 200 blinithether and Illinebinepten Railway
shares. bona by J. C. wader a bin reprankalsa et the market at
M. pm awe, sr 1,1111., ••••thaull by Ordes hoes (and mid
for at Os are et yordrio), dot be tirlbylib Nods them to the
Ilanabsibtr ad •••••ittee, wldilmstrections to return
tptmlwalt balines Wen Cep and Co. claim it or el et to
• and mime Oggiel eingl O► within the yeenent year mango to
retnenthe 1,6221. to Wm, and ohs the 71. expenses incurred for Moe, -
tiering and solicitor to mum prod of having paid Cape! and Co.
1,6001. and 221. oommkelsa, C. J. will adopt legal measure,. 11
amount will be taken by irleMir esdaibeing deposited with '
an y bankers but those abs.osommoinll mid Oa.
Mr. T. Jones, on behalf ads, t, appeared in sup-
port of the demurrer, and contended that the declaration
disclosed no libel. The statement comspisined of conveyed
no imputation upon the plaintiffs. It merely alleged that
the plaintiffs bad bought shares under a false represr ntation
of their value, and sanctioned by the defendant. There was
no insinuation in the alleged libel that the misrepresentation
spokes of was one which the plaintiffs had committed. If
there was any libel at all, it should be explained by
innuendo.

The Lord Chief Justice said he had considerable difficulty
in discovering what was the libellous matter alluded to.
Perhaps the learned counsel for the plaintiff might succeed
in removing that difficulty.
Mr. Serpent Chiumell, in support of the declaration, sub-
mitted that it disclosed a libel upon the plaintiff.. They
were alleged to have purchased shares for the defendant under
circumstances which proved a want of care and attention on
their part in the management of their business. It was not
ee for the plaintiffs to point out any particular pas-
nesgr:libellous. The question was whether the advertise-
ment complained of conveyed any imputation upon the plain-
tiffs,aed he (Mr. Serjeent Channell) urged, that if the matter
be 'Mellow in itself, there was no necessity for an inuendo,
as contended for by the counsel for the defendant. He sub-
mitted that the general tendency of the statement was to
convey an imputation of negligence or fraud upon the plain-
tiffs, or to ex them to ridicule.
The Chief Justice said it appeared to him that the adver-
tisement had been written by a person who felt out of
humour at losing his money, and wished to do something to
annoy the plaintiffs; but in his (the learned j udge's) opinion,
he had said nothing under the influence of his bad temper
that was calculated to injure the plaintiff.. He had not
charged them with the non-possession of any one quality that
was essential to the maintenance of their character as share-
brokers. He considered himself aggrieved, and what he had
written wee something like" I do not like thee, Dr. Fell," &c.
—Mr. Serieant Channel! persisted in his argument that
the advertisement contained a libel, and one of the most
dangerous description, inasmuch as it gave the defen-
dant an opportunity of justifying particular passages,
though, in point of fact, the general tenor of the
statement was to convey an imputation upon the plaintiffs.
The court, in giving judgment, said they were bound to
deal with this demurrer as if it were a motion for an arrest of
judgment. In reading the alleged libel, the court were of
opinion that it disclosed no offensive expressions suck as
would warrant a jury in finding a verdict fcr the plaintiffs.
The only part which had produced any doubt in the mind
of the court was the insinuation that the plaintiffs were un-
able to pay the 1,625/., except by instalments and on security.
It was not to be inferred from thin that the defendant meant
to say the plaintiff's were insolvent, or incompetent to pay
all their just debts. Then, as to the statement that the de-
fendant would not adopt any security deposited with the
bankers, " who recommended Capel and C 0.," this was
rather an impertinence to the bankers, who were not plain-
tiffs, than an imputation on the character of the plaintiffs.
To send the case down for trial would be to let the parties
incur the costa of an action which must end in an applies.
tion for arrest ofjudgmant.—Judgment for defendant.

POLICE.-YESTERDAY.

BOW-STREET. —THE F;alioreartLE Swirsounta.—
Richard Marlin, alias Aabaey, alias Connyngham, slim
Beaufort Cooper, and -- Brett, of the firm of Friullon
and Brett, of Barge-yard, Bucklersbury, were finally
examined, charged with having obtained goods from vari-
ous tradesmen on false pretences, and with having ne-
gotiated a bill of exchange purporting to be accepted by
J. M. Corusyngham, ensign of 71st Highlanders, which was
a forgery. An objection was taken to the instrument, on
the ground that it was not a bill of exchange or a promissory
note. Mr. Henry overruled the objection, and both pn-
loners were committed for trial.

--------
POST-OFFICE ROBBERT.--Jan Denby, a letter-carrier,
who wee remanded on • charge of having stolen a letter
containing cheques, bank post bill, and notes to the amount
of 1101. 191. 24., the property of the PostroasterOeneral,
was brought up for final examination. A clerk from
Mears. Welch and Co., bankers, of Christchurch, Hants,
proved the sending of a letter on April 2nd, containing
bank-notes, dte., to Messrs. Rogers and Co., bankers, of
London. He also identified the notes produced, which had
been traced to the prisoner, who bad parted with them
to different tradesmen. The prisoner was committed for trial.
MARLBOROUGH - STREET. THE COONTBSS or
MOILIIINOTON a PAUPER. A lady, accompanied by a
gentleman, understood to be her legal adviser, entered the
court to make an application to Mr. Bingham.—The gen-
tleman said—'. Sir, I have to solicit your advice in a case of •
very painful nature. It is a ease in which I do not know
whether it is in the province of this court to give assistance;
snd this increases, if possible, the painfulness of this public
application. This lady is the Countess of Morning:on she
has beim separated from her husband, the present Earl of
Morningion, for about 14 years. At the time of the separa-
tion the Earl of Moruiagton settled on this lady 1,0001., per
ann. to be paid out of his estates. The arrears, which have
accumulated for 13 or 14 years, amount to 14000 ; or, if
Lady Mornington is entitled to charge interest, to
17,50 W. About six or seven months ago Lady Morn-
ington ems to England to see about her Chancery suit.
She resided at Hatehett's Hotel. The proprietor, seeing
no prospect of payment, gave her ladyship notice to
leave the hotel on Saturday. Lady Mornington, there-
fore, at this moment, is rally in a state of complete destitu-
tion—ehe has not a birthing in the world. Lord Morning-
tam's family have been appealed to, but they all refuse to
interfere in any matter in which Lord Morntnatoa is con-
sumed ; and state, that in everything connected-
with Lord
Momingtou the law must take its course. My application
to ri, air, ia, to know if yon, by some summary proem, can
a Lord Idernington, who is now at Mivart's Hotel.
before yea, to show cause why he does not properly
maintain his wife 1 I hope your worship will:give this lady

your advice."—Mr. Bingham : loee no difficulty in the cue
hatever ; the course to take appears to me perfectly plain.
This lady complains that her husband does not al. -w her
support. I understand she lives at Hatchett's hotel, which
I. in the parish of Sr. George, Hanover-square. She is at
prevent without the means of support, and she therefore
comes within the description of a casual pauper. The lawful
course is for her to apply to the pari-h authorities to be re-
lieved. The husband is bound to supply means of subsist-
ence to his wife, and a parish has power to compel him to
support her.—The epplicaht, on behalf of Lady fdorningtoo,
thanked the magistrate for hie advice, and withdrew.
SOUTHWARK.—CHAHOE or Ronnie° A GREEN-
HORN."—On Tuesday, John Jessner, the landlord of the
Yorkshire Stingo, Blackfriars-roLl, was charged with
being concerned with others, not in custody, iu stealing
1971. 10e.' the property of Mr. Edward Rattly, of the Star
Inn, Baerdaley, near Woodbridge, Suffolk. The complainant
stated that he came up from Suffolk on Monday, to receive
some money far Mr. Fisher, who was landlord of the shove
inn. After he bad reteioed • portion of the money ho walked
down the Blackfriars-read, and aO.f.t; into the. Yorkshire
Stings, and commenced loosing with three men no
and in the course of the genre lost about 21. At that time
the prisoner was also present, and he (complainant) informed
him that all his ready cash was exhausted, and that he had
only a cheque for 1971. 10a., payable at Messrs. Prescott's, in
Threadneedle-street, in his possession, besides his watch. He
offered the latter article to the prisoner as security if he
would pay what he lost on the game, but he refused it,
saying that he had nu objection to take the cheque. Com-
plainant still continued playing until he lost about 101., and
then handed over the cheque to the prisoner, and it was
arranged that they should meet the next morning. (Tuesday)
at Messrs. PrescottsO at half-past nine o'clock, in order to
have it casheel, Complainant was in Threadneedle-street at
the appointed time, but the prisoner failing in his appoint-
ment, he went into the banking-house, and was informed
that a man had been there after banking hours the previous
afternoon, and producing a cheque fur 1971. 10s., offered
to give the clerk in attendance a sovereign if he would
change it for him, but ho refused. Complainant on hearing
this iefornistion immediately proceeded to the " Yorkshire
Stingo," and saw the prisoner, who said that his cash box in
which was deposited the cheque, had been stolen. The pri-
soner then proposed that they should at once proceed to the
banking house and stop payment of the cheque, which they
did, bit upon their arrival there were informed that the
cheque had been presented before nine o'clock the same
morning and paid. The complainant aided that as he sus-
pected the prisoner was concerned in plundering him be
gave him in charge—Berry, • policeman of the M. division,
stated that on receiving information of the robbery he pro-
ceeded to the " Yorkshire Stingo" and examined the house,
but could not find the cash-box. He saw the prisoner's
wife, and on asking her what the cash-box cootaiucd when
it was taken, she replied that it contained the complainant's
cheque fur 197/. 10s., besides about a dozen or fifteen shil-
lings belonging to her husband. She added at the same
time that it was fortunate no more money wee in the box,
as it contained upwards of 20/. or 301. which her husband
paid away to their brewer only the day before ; but the
prisoner himself had previ holy told him (the police-
man) that the cash-box contained three 51. B oak of England
notes and five sovereigns at the time of being stolen.—
The prisoner was remanded without bail until the following
day.—Yesterday, when the night charges were disposed of,
the prisoner was again placed at the bar, and Berry, the
policeman, stated that the complainant was not present, and
that he had reoson to believe he was kept out of the way by
the parties by whom he had been robbed. The rut of the
witnesses, however, were in attendance.—Mr. Cottinoham
said he should take care justice should not be defeated.—Mr.
Barnet Barton was then called, and he stated that he was
cashier at Messrs. Prescott's and Co.; that on Monday after-
noon, between five and six o'clock, the prisoner knocked at
the private door of the bank, and being informed that bank-
ing hours were over, he offered witness a sovereign if he
would cash a cheque for 1971.10 c, which he produced at the
time. Witness informed lira that he could not comply
with his wishes,, and the prisoner, who seemed to be very
anxious about it, then went away. The next morning, a little
before nineo'clock, the same cheque was presented by another
man, and when he was asked what he would have, he said gold.
The witness gave • deteription of the man, and it
answered with that of the one with whom the cam
plainant was " gaffing" the night before, and with whom
the prisoner was acquainted. Barry, the policeman, here
stated that when he was pacing the cell in which the pri-
soner was locked up that mcrning, the latter milled him and
said that he was imprisoned before he left the county gaol
to be brought to this court ; that the complainant was sent
into the country, and tkat he would not be present at the
examinationo-Another witness was called on behalf of the
prisoner, to prove that he called upon him at half-past nine
o'clock the rooming in question, and that they went to the
Excise office together, on business. This evidence was to
show the accused could not hare been cognizant of the fact
of the cheque being cashed.— Mr. Cottingbana said he should
again remand the prisoner, and if the complainant did not
attend the next examination, he should lime a warrant to
compel him. The prisoner was then sort to the county gaol.
LAMBETH.—Coaaoa MANbLAI:OHTEII. Henry
Mil!a, an omnibus conduotor, was charged with having
caused the death of Mr. Samuel Jones, an omnibus pro-
prietor. On Friday last the deceased and a man named
Dew had some words in front of the bar of the Mother Ili-d-
-eep public-house, Camberwell-green, and were proceeding
to fight, when the prisoner caught hold of the deceased from
behind, and all three got into a passage, where prisoner
threw deceased down, and his head came with considerable
violence on the edge of • partition. On being assisted up,
the deceased appeared in a great passion, and challenged to
fight both Dew and the prisoner; but he was immediately
observed to turn very pale. He, however, got behind his
omnibus, and acted as conductor en the journey to town.
Soon after he complained of considerable giddiness in his
head, was brought home, and died ou the same eight, to all
appearance from a concussioa of the brain. The prisoner
was remanded to Saturday.
T HAM ES. —ALLEOED CRUELTY ON THE lIIGH SEAS.
Pursuant to the decision of the magistrate on the previous
day Mr. Pelham attended to offer bail for the appearance. of
Captain Essenhigli, muter of the Enchantress, at the en-
suing sessions. It will be remembered that Capt. Essenhigh
was brought up in the custody of Inspector Evans of the
Thames police, charged with having committed an assault
on the high seas on his cabin boy, Henry Hansford.—Mr.
Pelham said he was anxious to make a few obiervations un
the subject, as the circumstances having appeared in most of
the morning journals might tend to create an undue preju-
dice against his client, and he trusted to the known impar-
thrifty of the pries for his remarks obtaining the same
publicity. The captain had • perfect answer to any
charge. that might be preferred against him, and was most
desirous th it the matter should bo thoroughly investi-
gated in order that the calumnious accusations which had
been brought against hire, and which might aeriousl affect
his position in life, should be entirely rebutted. Captain
Esaenhigh had beau for • number of years entrusted with
the command of • vessel, and during the whole of that
period had borne the highest character for humanity and
uniform kindness towards his crew, and when the proper
time came it would be clearly shown that the lad in question
had died from the effects of Java fever. He (Mr. Pelham)
was therefore, sure that the court would feel he was per-
fectly justified in making these observations, an the state-
ment in the papers might prejudice him with his owners.
With regard to the grave part of the charge, hie conduct
generally totally discredited it. He had, at the imminent
rink of his own life, rescued forty souls belonging to the
Dutch ship Heroine, in the Torres Straits, and brought
them home in his osn ship; and, in short, bore
the highest character for integrity and humanity.
The affair had appeared in the Auilrolian Journal of the
26th of March, 1846, and had been utterly denied by the
chief mate of the Enchantress. Mr. Pelham trusted that,
under these circumstances, the magistrate would be satisfied
with the single recognizance of the captain'e father, a
gentleman of independent property residing at Dartford.
Mr. Yardley was satisfied no jury would entertain the charge
of manslaughter ; but it was desirable the assault should be
thoroughly investigated. Mr. Pelham concurred in this,
which, he said, was the express wish of the captain, who was
anxious, on his own account, that the matter should be
cleared np. Mr. Yardley having agreed to accept the bail,
Captain Essenhigh was bound over in 2001., and his father in
1001., for the appearance of the former to answer any charge
that might be preferred against him at the sessions.

MONEY MARKET.

WEDNESDAY EVENING.

The comparative steadiness of the stock market to-
day restored something of the appearance of ordinary times.
Some rather extensive purchases of consols were however
made for the account by brokers usually acting for lending
parties out of doors, which crested an imprcs,ion that an
improvement upon present prices was calculated upon. A
sort of rumour was in currency that by a certain financial
combination, to the details of which no clue was afforded,
some assistance in aid of present monetary difficulties might
probably be obtained from Russia. Supposing such a com-
bination to be projected, or in progress, the object must evi-
dently resolve itat-lf finally into a supply of gold, directly or
in directly.
The more satisfactory feature of the day in stock business
was however the number of small investments still going on
in the funds, which mainly contributed to the quietness and
equality of prices. Consols ranged front 861 to 861 money,
and from 861 tot for account. They left off at the regular
hour 861 to 1 money, and 861 tot for account. After
the close of business it is said they were not quite so good.
Reduced Threes, 851 to 4. Three-and-a-Quarter per Cents.,
871 to 1. Exchequer Bills, 7s. to 3s. discount. Bank Stock
191 to 3. India Stock, 244 to 6. Long Annuities, 8 16.-16
to 9.
The attentive

of Senor Salamanca to the
Spanish bondholders through Senor Borrajo, the financial
agent here, to the effect that he was about to appoint a NM-
mission to take the foreign debt of Spain into consideratiem,
with a view to measures for placing it in some interest-
paying position if possible, or a part of it, and request-
mg that an agent should be named by the bondholders
to take part in the deliberations of that commie-
lion, which it might be thought should have improved
the prices of the bonds, appeared to have a reverse effect.
The Fives declined to 236 to 4, the Threes were 346 to 6.
The decline can only be somata for on the ground that
at *WOW wan IleMely to menaln In one.. It may be
pile Matadiesic this emenumbeillem of Senor Sala
ibst• begins to be maelaseetl among the
builbeiden VMS duty of the ammdetee (a seliconsti-
teed body by Os may), fairly uniantood, should be to
conessit a patio mid*, of all
,the
we iars interested with-
out delay, and lake the general to the best course
to be pursued, aft to the of as agent com
mending confidence on all sides, bet of She mode in which
the various classes of Spanish rock, *grim of interests,
should be dealt with, es ea to be aerie' en equal and
equitable terms. It is well known that opinions are as
various, and differ as widely about the =km in which

each sort of stock should be treated, as do the denomina- '
Lions of stocks from each other. The committee may them-
selves, as parties more particularly interested in one or two
diatinct divisions of the bonds, be inclined not unaccount-
ably to postpone the just claims of parties otherwise placed
to their own, and it in only proper therefore that such par-
ties should have an opportunity of pleading their own cause.
Portuguese remain 334 to 41; Mexican, 20 to 1 ; Dutch
Two-and-a-Half per Cents., 681 to I ; tho Fours, 881 to 9.
Russian done at 1091, were quoted 109 to 111.
This has been a day of severe money pressure, although
the Bank directors have, doubtless, been acting upon the
expressed determination of discounting, within limits, with
greater liberality. This pressure, notwithstanding, is the
natural consequence of the want ofconfidence increased, if not
produced, by exaggerated and discolcured statements in certain
journalist quarters. Reports were current, too, of the Cho: .
cellor of the Exchequer hating been seen in the City, of
course, as believed, to confer with the Bank directors. It
was said, moreover, that a deputation of mere/mots and
bankers was in town frim Manchester, charged with remon-
stances upon the fettf. inie.Zlicies of Peel's bill, with rt. to-
, quest for its suspension, if not its repeal. A similar depute-
von of London bankers to the west-end was also talked of;
but the fact could not be verified. These various reports, im-
mature as, more or Ins, they may chance to be, serve to show
the uneasy tendencies, the state of alarm even, of the public
mind, and they foreshadow also in all probability what may
be the course of action with the great interests of the country
whose safety has been, and is, eo cruelly compromised and
spurted with by the destructive action of a bill which pro-
fess s to work on the suicidal principle of annihilating credit
and depressing prices, pound by pound, for every sorercign
that shall leave the Bank. The circumstances are such that
it would seem no time should be lost by the banking and
commercial interests, both in town and country, iu 111 ing
their representations and remonstrances before the Tressury,
seeing that long-dated paper, ten months' bills from India,
drawn on and accepted by houses of the very highest stand-
ing, could be melted to-day only at a cost of 13 per cent. per
annum for the cash accommodation. Such are the facts

slated currently, with names as freely.
A belief is, however, prevalent in some quarters that in
the week to come a considerable alleviation of the actual
money pressure may be expected, and although the grounds
of this expectation are not set forth very clearly, it is not
improbable that the position of the Bank may be so improved
as in some degree to re-assure public confidence.
It is to be understood of the rule for discounts said to have
been adopted in the Bank parlour, ea referred to under this
head this morning, that it is to apply to bills falling duo
within the limits of date to which the different rates refs r.
It seems strange, however, that the Bank should financially
legislate for a date so far forward as the middle or end of
July. To-morrow's meeting in the Bank parlour may
perhaps throw some light on the subject.
It is stated as apparently from authority that it is not the
intention of the government to raise the 630,0001. proposed
to be advanced to certain Irish railways by the issue and sale
of exchequer bills, and no one in the city expected that such
would be the case. The money is to be taken as wanted
from the Consolidated Fund. Upon the groundless un-
warranted assumption the Times, however, committed the
waste of two articles in the " Leader" and "City " depart-
ments this morning. It might have been hoped that such a
sum as that *toted could have been spared out of the proceeds
of the eight millions loan, and such indeed may stile be the
case, as those proceed* are carried to public account.
The Bank of Ireland, it seems, has given notice of raising
its rates of discount to 7 per cent.

Hoak Stock, 143 1 3 —ioo•-•• Lg- ~-
Ans-•
. . es. Oet. 10, 1839, 011
3 perlC3. Red. A 11.11., $3ll lett, istect, 244 0
3 per CI. Coss. A 1..., 84 8 I Camels rot Agri- so, i i 1
New 34 por Cl. AM.. el * * i SP. DUP. 81.06 e, U., 4 7 3 Pis.
14 Aa5.,e4.134.3,1843,1113-18 9 Dino, IWO, 6 3 dio
Date, 30 year., 94 Ditto Swill 3 7 Cit.
....sm. 0.,4i... '

.....--.
6 per Ct. Tr.. Man Beale. -63--. 3 'era Spanish 844 ,61r. from Nov.
3 per et. Dr nosh 80... lea, sti I leo, nf
6 pet P. Melkap, 121 e, 20 3 per et. do.. :II
tar..C41.,,P,0rt. ;res. Benda, 34 I ptel pet. Ifttel Exelutose, It
OW., I* 4 4
6 per Ce. It wolAs 844.,1511.‘ SC IP/ 4 4 pr Caft. Dote It Cert., pet

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