The Express.
London, England, 1848-01-13 00:00:00

EXPRESS THURSDAY EVENING, JANUARY 13; 1848,

COURT OF EXCHEQUER.
SOW", in Banco.
lie 11 WIF. COBAIITT.—REOULXTIONS OF TEI QOIE/el
13INCE Plllllol.—Mr. toeCobtt, upon • former day, obtained
a writ of habeas corpus enable him to appear before the
leveed barons of this court, with a view to obtain an order
for his discharge, en the ground that Mr. nucleon, the
keeper of the Queen's Bench prison, had subjected him to
l restraint, by placing him in class No. 1, instead of No.
3, wil,eghere more liberty and advantages are allowed
ofteoners.r. Cobbett appeared yesterday in support his
application, sad contended that the keeper of the Queen's
prison had no right to remove him to a part of the
prison where he was exposed to privations end rest
fraintmal
,
unless he had been authorised to do so by • or
committal from some comp etent tribunal. No such com-
mttal or authority hod been obtained by Mr. Hudson, and,
as he had acted so, it was submitted that the
printableunwarrantale
nonoval of the applicant from one part of e
another, set apart exclusively for the occupation of a dif-
ferent clans of prisoners from that to which Mr. Cobbett be-
longed, amounted to an escape, and the court ought therefore
to order him to be discharged. There was no evidence that the
Insolvent Debtors' Act had been violated so as to justify the
detention of Mr. Cobbett in that part of the prison where
the discipline was severer, it being exclusively for the use of
fraudulent perions.—Mr. Unthank appeared for Mr. Ruct-
ion, who, he said, had acted in coaformity with
the ro
ves made by the Secretary of State, who
was invested by act of parliament with the control
of the prison. The keeper was disposed to act to-
wards Cobbett in the most merciful manner, but
he felt he had no alternative bet to obey the rules of the
Secretary of State as they had been laid down. Several
hours having been occupied with the arguments, the Lord
Chief Baron said the court were of opinion there had been
no escape, and therefore Mr. Cobbett was not entitled to be
discharged. He was not satisfied that the tour t we-• authorised
to interfere in the internal regulations of the prison. Mr.
Cobbett should, however, be taken back, and dealt with by
the keeper of the prison upon his own responsibility.
—Mr. Baron Parke thought the Secretary of
the
State
was warranted to make rules for the regulation of
prison, and that Mr. Cobbett was properly detained
class No. 1. Sufficii nt appeared upon the face of the re-
, tarn to the writ to warrant Mr. Cobbett's detention, and
he should be, therefore, sent back to prison.—Mr. Baron
Alderson was of opinion that there was no escape.
of the
Mr.
Cobbett continued in custody. No matter what par
should
t
prison he was in, he was in proper custody, and he
remain there.— Mr. Baron Platt thought the applicant
should be remanded, but he was decidedly of opinion that
be ought not to be kept in that part of the prison called
Clue No. I.—lt was understood that their lordships reserved
for the present their opinions as to the rules laid down by
the Secretary of State, and that an intimation of them
should be made hereafter.

COURT OF BANKRUPTCY.
before Mr. Commissioner Soulbunt.
BILL TRANSAVIIONS.—IN RE LYON SAMUEL.—The
bankrupt in this ease carried on business as a silversmith, in
Bury-street, St. Mary-axe, and has been largely engaged in
bill transactions. Yesterday was appointed for his last exa.
mination. The failure amounts to about 80,0001. The
bankrupt applied for an adjournment for three months, on
the ground that his accounts were very complicated, and
that he should, therefore, require the assistance of an ac-
countant.—The learned Commissioner granted the applica-
tion.—The solicitor to the assignees then objected to the con-
tinuance of the bankrupt's allowance, being 41.;per week.—
The learned Commissioner observed that a man must have
something to live upon, and should the bankrupt be de-
prived of his allowance, he (the learned' commissioner)
would make an order at the audit meeting all his neces-
sary expenses be allowed. The court had no power of I
grant-
ing an allowance alter the choice of assignees The solicitor
for the assignees said that there were no assets—The soli-
citor for the bankrupt remarked that it was expect,tl that
some considerable amount of assets would be realised very
shortly.—After some further discussion the assignees agreed
to the continuance of the allowance.—Case adjourned

WESTMINSTER COUNTY COURT.
Before P. C. Moylan,
MASON V. JULLIEN.—JULLIKN'M MAIniVERADR.—This
was an action brought by the plaintiff against Mons. Jullien,
the lessee of Drury-lane Theatre, to recover the sum of is.
The plaintiff stated that on the 22nd of Nm
oveber, a
" Bat Masque" took place at Drury-lane Theatre, the admi
the
s-
sion to lee which was 35. the upper boxes, and 2s.
gallery. He paid for five tickets for the boxes. On going
up stain, the box-keeper said there was no room, but that,
if they liked to go up into the gallery, they would find room
there. lie did so, and now demanded the return of 55., the
difference of price between the boxes and the gallery.—On
cross-examination by Mr. Lewis. for the defendant, plaintiff
said he well knew the "slips" from the gallery, and swore
distinctly to its being the gallery into
for which be
e
went. Ile was positive that he asked seats i
the boxes.—Charles Bearick, a lad, who was with
plaintiff at the theatre, confirmed his statement.—
Mr. Lewis said it was not for the sake of the money that M.
Jullien defended the action, but solely on principle ; for if he
returned the money in this one case he might be called upon
in fifty others. Ile was in a condition to show that there was
plenty of room in the upper berm and also that there was
no communication at all between the upper boxes and the
gallery on the night in questi
o
n
—Mlii, beekeeper
for forty years at the theatre, said there was room for above
80 persons in the back upper braes on the night of the
masquerade ; but that plaintiff wanted a front seat, which I
he could not have, as they were all taken in the morning.—
The learned Judge said the plaintiff, by stopping in the I
theatre at all, bad involved himself in his present position.
The proper course for him to have pursued wee, when he
was refused admission into the boxes, to have gone back to
the monertaker and demanded the return of the money.l I
If that had been refused, then he would have been in a posi-
tion to have proceeded against the proprietor for its re-
covery.—The plaintiff said he did demand the return of the
money, but it was refused.—The Judge : Then your prtper
COurse would have been to have left the theatre and come
here. The case must be dismimed.
PAOR V. KExN.—A DELICATE PLEA. IMPORTANT
CASE.—This was an action brought by the plaintiff to re-
cover of the defendant Amelia Keen, a well-dressed woman,
two weeks rent for apartments in a house occupied by the
plaintiff, in Macclesfield•etreet, Soho.—Mr. Roberts, who
appeared for the defendant, in answer to the judge, said, the
answer to the action was, that the defendant was an unfortu-
nate woman, and that the apartments were let to enable her
to carry on an immoral mode of life, with the knowledge of
the defendant.—The plaintiff stated that the defendantho vas
recommended to him by a person named Evans, wsaid
that she always paid well, and ke let her the apartments on
the 22nd of May. She paid him all rent up to the last two
weeks, and her only reason for refusing to pay those was be-
cause he would not give a reference that she was
a married woman. On cross-examination he said
that a " gent." called the next day after tb
ht, e
but
de-
fendant took the lodgings, and stopped all nig
he did not give her notice to quit the next morning. Ile did
not know that she was in the habit of receiving vi
sits from
gentlemen. His charge for rent was 10s. per week for two
rooms on the third floor, the defendant having her own fur-
niture. There were no men living in the house. She did
not tell him her position in life when she took the apart-
ment. His house was indicted. He pleaded guilty for keep
ing a disorderly house, but there were no " disorderlies "
is
it. lie was now under hail for it —Mr. Roberts submittal
that he had from the cross.examination of the plaintiff males
out a sufficient answer to the case.—The judge said not
quite. lie must bring home to the knowledge of the plain.
tiff that the defendant took the apartment for immoral pm,
paes.—Amelia Keen was then sworn, and said she
was introduced to the plaintiff by one of his
lodgers, who carried on the same mode of life as herself, and
she distinctly told him before; she took the apartments that
she was in the habit of receiving the visits of gentlemen.
There were between Ili and 19 ladies of the same character
in the house, and her reason for leaving was because of the
indictment. —The plaintiff, in answer to the learned judge,
admitted that the apartments were teken by the defendant
as a single woman, but he never saw but one gentleman visit
her. lie would admit that tnat gentleman was not
married to her.—The learned Judge said the rule was that a
person could not recover for rent if he became acquainted
with the fact that the apartments were let for an immoral
mode of life. He was of opinion that quite enough had been
stated to substantiate the purpose for which the apartments
had been taken, and looking upon it as a good answer to the
action he must dismiss the case.

YPOLICE -- _MTZRDAT.
MANSION•HOUSE.—CHARGE or TT
PIING
TO
EXTORT TWOFER CE.—Mr. Wallis. a person of very respect-
able appearance, was chug' d with ing
to
extort twopence from Mr. Trollope, tea dealer and grocer, of
Eastcheap.—Mr. Trollope paid the prisoner entered his shop
to buy two pennyworth of liquorice, in payment tor which
he put down a fourpenny piece, and took the change,
pence, from witness. lie then left the shop, but shortly re-
turned and said he had received the wrong change, as he I
had put down sixpence. Witness opened the drawer
which he had put the fourpenny piece, emptied it, and
showed it to him, and it happened that there was no tie-
pence at all amongst the silver in it. He, however, per- I
meted in his statement, and witness referred to the boy in I
the shop, to whom the pri•oaer said,deg, you will
swear to anything your master will say." Witness gave I
him into custodr. Wallis said the statement of Mr.
Trollope was remarkable for the number of falsehoods it
contained in a small compass. He said he emptied the till.
lie did nothing of the kind, and it must be very singular I
indeed if a man who did so much business as he, had not 1
sixpence in the till. Witness certainly gave him sixpence,
and did not quit the shop at all, but after he had received
the change remembered that be had given sixpence, turned
round, and mentioned the fact —The Lord Mayor 1 This may
he a mistake. There are, at any rate, two to one in favour
of Mr. Trollope's version ; and it appears that Mr. Wallis
was going away under the impression that be had got his 1
right change. I dismiss the charge, but lam of opinion I
that the complainant is right.—Mr. Trollope wall satisfied.—
Isle. Wallis : At all events you had the sixpence, and I
shall summon you for the twopence.—The complainant and 1
defendant then departed. I
GUILDHALL.—ASSALZ.TINO AN ALDERMAN.—EIiza. I
beth White, who was only discharged from prison on Mon-
day, was charged with assaulting Alderman Sidney.—Ttie
worthy alderman stated that while proceeding up Ludgate-
hill the previous morning he felt a rather rude tap on his
hat, and on turning round the prisoner gave him a slight
slap in the face, at the same time saying that she wished to
go back to pris.n, and preferred committing a gentle assault
instead of destroying property to gain her object. He re-
cognised the prisoner as an is dividual who had been brought
before him in his magisterisl capacity, and whom he had

------------ _
committed to prison. She at the time of the smelt said
that she had no wish to be rude to him, but only to so far
commit herself as to justify the sideman in giving her into
custody. He accordingly did. so.—The prisoner mild that
what the alderman had stated was perfectly correct
SidneyAlder-
mdosnwnto
hearddoe:
nth
parish° he
haa4t Exeter, ttpasbye hbeadr expenses
down to her own pansh ot Exeter, but she bad docllned
going there.—Sir Jo ?iris remanded the prisoner until
Saturday.
WOBBHIP-STREET.—CitaittrY.--A gentleman from
the firm of ni—ars. Truman, Hanbury, and Co., the brewers,
missmted to Mr. Ilarnmill a donation of 306. for the poo or-
1, the the amount of a reward granted by the po-
rities of Mile•end New Town to the firemen attached to the
above establishment, for their services in extinguiehing a
wad-
fire
which occurred upon the ptemises of Mr. Springer, •
dim g manufacturer in Spiceratreet, Spitalfields, on the
10th instant.
LAMBETH.—SANtraIer MOVEMENT IN NitWiNOTON
PARIBII.—Two gentlemen, whose names did not transpire,
applied to Mr. Norton for his advthat ice.
for From the statement
of the applicants it appeared some time
nuisance of the most dangerous description had been created
as
in Thom-street, Lock's-fields, by the accumulation and
miring up of night soil, dung, and tan, and allowing this
matter to remain in large open pits for a length of time.
This was in the midst of a denselypopulated neighbou
was, rh
that
ood
of the most indigent classes ; and the consequence
fever and disease are raging to a most frightful extent in the
immediate vicinity, and the removal of the nuisance was
most urgent. Au application had been made to the board
of guardians of the parish of St. Mary, Newington, who
were the only parties, under the act of parliament, that
could do so, to take the necessary. means to put down
the is
but the answer received was, that they,
the guardians, did not feel justified in going to the
expense of medical certificates, which was necessary
as a preparatory proceeding, and which expense could not
be recovered from the offenders. That the medical certifi-
cates should not be an object ors obstacle they (the appli-
cants) not only offered to pay expense, but sent to the
clerk of the board the cetuticates of two properly qualified
surgeoes, and hoped that this would have the effect of
moving them in the matter. On next applying they were
banded • resolution passed at a meeting of tbe board of guar-
dians—" That,. taking into consideration the difficulty attend-
ing the carrying out of the act 9 & 10 Vic., c. 96, for the
more speedy removal of nuisances, and the fact that its ope-
ration ceases at the expiration of the present mission of parlia-
ment, this meeting is of opinion that the board would not be
justified in taking proceedings in the matter."--Mr. Niflrton,
on referring to the act commonly known as the Nuisance
Act, obeerved that the board of guardians of tbe parish of
Newington were certainly the pima to carry
.out the law in
the matter, and he could. not account for their refusal to do
so in a case like the present, where disease was engendered
and human life endangered by the nuisance; and more par-
ticularly when the expenses attendant on
nts. atheir
H proceediaws
were offered to be defrayed by the applice had no
doubt whatever that by mandamus they would be compelled
to do so. lie would send an officer with the applicants to the
clerk of the guardians to state that it was his (Mr. Norton's)
opinion that the case was one in wt ich the board of guar-
dians should interfere, to put down the nuisanoe.—The ap-
plicaats, one of whom said he was thed ownthat at er of come houses
t
in the vicinity of the nuisance, an t mom
fever was raging amongst his tenants, expressed their thane'
to the magistrate for his kindness and attention, and left the
court.
THAMES.—Swoooeftro.—J. Clarke, steward of the
barque David Luckie, from Honduras, was charged
with
smuggling eleven gallons of brandy. It appeared four
kegs of brandy were found slung up in the lung boat. The
case was adjourned from the preceding day.—J. Drew, a
tide surveyor, said he rummaged the ship on her arrival,
and the muter reported fifteen gallons of brandy, which
was now on board with other stores. lie afterwards ques.
tioned the steward, who said he brought the kegs of brandy
on deck by the muter's orders, and then stowed them in
the long boat, which was hoisted up and remained there till
the ensues took place. The ship was going into dry dock.
The prisoner, in reply to the charge, said he had been taken
by surprise, and that he was not informed by the officer,
Crow, until that morning, when he was within a stone's
throw of the police-court, that he intended to charge him
with smuggling, although the seizure was made on the ith
instant. The kegs of brandy were in the cabin, and the
master directed him to take them on deck and put them in
the long•boat which was done, and the boat slung. He was
not aware be was doing wrong when be obeyed the master's
order.—Mr. Yardley said if what the primmer asserted were
true it would not legally justify him, because every man be-
longing to the crew of a ship where contraband goods
h•d bwereen
e
found was liable to the penalty ; but if the prisoner
tinkceen 11,11:al:Liao
it did
Siudahntor seemha" at
tmiell tegprregartlheistilea-t
he was a mere instrument in the hands of others.—
The
case was therefore postponed, and summonses were
issued at the defendant's request fur the attendance of the
chief mate, and a Mr. Barber, who came forward yesterday
and said he superintended the delivery of the mime ; he I
knew nothing of the transaction, and never saw the kegs I.
hoisted on deck and put into the boat while the master and
mate were present.—The chief mate was called, and it was
stated that he hal not teen seen or heard of since Saturday.
1
—Mr. Smith said the chief mate had no doubt good reasons ,
for being absent. The master, Mackenzie Luckie, was pre- I
sent, but he knew it would be useless to call him to give
evidence for the steward, and against himself. It was im-
passible to resist &conviction. The law did not require the de-
fendant should have a guilty knowledge of the brandy being I
on hosrel, and all be could do would be to petition the Board
of Customs. Mr. Yardley said he hsd no alternative but to i
convict, sentence the prisoner to pay a tine of 1001., and Ii
commit him to prison for six months in default. Il
WANDSWORTIL—A DRUNIEN ENGINE-DEIVER.— I
J. Francon*, an engine driver in the employ of th
ee South 1
Western RailwayCompany,wu charged before r oynter 1
, with being drunk, anti refusing to give up the charge of his 1
en. ice.—J. Tomlinson, the outdoor foreman of the loco- II
motive department, stated that on Teesday afternoon be 1
saw defendant at Nine Elms station driving an engine from gi
the main line on to a siding. lie was drunk, and decidedly X
unfit to do the duty, and witness required him to leave the
11
engine, which he refused to do until the arrival of a police- i
man, into whose custody he wa: given. Witness had never n
known the defendant to be in the slightest degree in liquor
previously, and he bore the character of being very attentive i
to his duties.—Pelice-constable May, 281 V, said that when I
he took the defendant into custody he was drunk, but very I
quiet, and walked very well to the station.—lnspector
Creed, who took the charge, observed that the defendant I
repeatedly expressed his sorrow for what had taken place.—
The def ndant, in answer to the charge, said that he had
been driving a ballast traia to and from the line during the '
day, and being too unwell to eat, and very cold, lie sent for a
half-pint of rum and a pint of beer, which he mixed togcthther,
and drank occasionally. lie had been several years in e
locomotive department, and two years a driver, and had
never been complained of previously.—Mr. Young said he
believed that this was the first complaint. —Mr. Paynter said.
that that being the rase he should sentence him to pay a fine
of 605., or be committed for a month, but in no other case
--0-cl he lessen the penalty.

MONEY MARKE.
WEDNISTDAT Byrum°.
We have some variations in Consols to•day, which,
although apparently unimportant, would rather seem
to indicate a pause, if not a retrogression, in the prices
of stocks, which of late have been so steadily and
strongly on the advance. The tendency of the fluctu-
ations to-day has been manifestly in a receding direc-
tion, nor should this be matter of surprise. The
larger masses of purchases and investments have been
made, and the disposable capital taken out of the
market ; so far so, that as usual after any special
excitement, there comes the reaction. CowlsO which
left off yesterday 871 to L, have been te,y as
861, recovering at the close of business however to
871 to 1„ both for money and the opening. The
market displayed decided:y lees animation, and parties
speculating for a continued rise up to 90 became evi-
dently less sanguine in their expectations. The
decline in the French Rentes, brought by the morning
mail from Paris, with the unfavourable tenor of the
intelligence from Madrid, (subsequently confirmed by
the report in the Express of the sudden and extraor-
dinary return of the Queen of Spain's illness, with
aggravated symptoms), might account to some extent
for the less favourable appearance of the fun ds to-day,
but the more rational and accountable cause would
rather be the cessation of large moneyre replaced purchases r
banking and other capitalists, which ai on
a minor degree only by purchases for account of the
recipients of dividends. Reduced Th
ts.rees were 871
to 1. Three-and-a-Quarter per Cen 881 to
Long Annuities, 81 to to 13-16. Exchequer Bills,
245. to 265. premium. India Bonds, 10s. to 155. pre-
mium. Bank Stock, 195 to 7.
The quotations for some of the foreign stocks
were higher, but without much active busi-
ness. Brazilian were called 80 to 2. Mexican
better at 181 to 19. New Granada also at 184
to 191. Venezuela at 36 to 8, were 2 per cent.
higher, on the report that funds had been remitted to
cover dividend, and replace the loss sustained
throughthe
the failure of Messrs. Reid, Irving, and Co.,
the late agents of the Venezuelan government, before
supplied with funds to that end. Portuguese
there
in advance at 261 to 71. Spanish F 191
the Threes, 291 to Dutch Two-and-a-Ralf per
Cents., 541 to 1; the Fours higher at 851 to 6.
The rise in Mexican Bonds was in apparent
contradiction to the tenor of the accounts in the papers
from the United States to-day, in reference to
Mexico. Private advices represent affairs, however,
in a different light. Notwithstanding the exaggerated
tone of President Polk's message to congress, it is
asserted that the American government is extremely
anxious and uneasy for the conclusion of peace, and
would gladly undertake to pay a very considerable
sum for possession of the territory desired on ratifica-
tion of a treaty which should convey the cession. The
withdrawal of Mr. Trist, the American commissioner,
from Mexico, because of the tardiness of the Mexican
government in coming to terms, is alleged to bee
merely a feint to excite alarm, and indu
more prompt compliance with the conditions imposed:
notwithstanding the demonstrations of Santa Anna it