The Express.
London, England, 1851-05-13 00:00:00

THE EXPRESS, TUESDAY EVENING, MAY 13, 1851.

lain intelligence.

I Lancelot Rowlandson, the other bankrupt, was euinined,
and substantially confirmed the above statement.
Mr. honey, the accountant, of Ironmonger-lane, detailed
the several interviews with the bankrupts, and stated that
he hail cautioned them from the first against Reed.
The Commissioner said he had acted with very great
propriety.
Some other evidence was given, and the ease was again
adjourned till Friday.

EQUITY COURTS.—YESTERDAY.
fbraa vim NM= or tea MU,.
TRISTON C. HAYDZY.—TITLE TO POLTCT Or INXURANCT,
The Master of the Rolls delivered judgment in this ease.
He said the plai..titf claimed an interest su a stun of money
remaining in court which was the produce of a policy of
inanrassee, effected on the life of Sebastian Hartley, the late
partner of the plaintiff, and the brother of the defendant
James Hardey. The sum in question was the residue of the
I produce of the policy after paying the defendant Evans a
debt due to him. The plaintiff claimed the money en two
grounds. First, that the policy, when effected, was the
property of Sebastian Hardey, his late partner, and that, if
the partnership account between the plaintiff and Sebastian
Harley were taken, it would appear that the latter was in-
debted to the plaintiff in a large amount, and he claimed to
have the sum in question applied in paying the balance
alleged to be due to him. If he failed to establish that
Sebastian Hartley was the owner of the policy, then the
plaintiff contended that the fact. stated in the hill and the
evidence constituted him a co-surety for the debt due to the
defendant Evans, and that the policy having got into the
possession of the creditor through the instrumentality
of one of the sureties, and the plaintiff having
paid off the debt, he was entitled to be recompensed out of the
proceeds of the policy. If the co-suretyship were esta-
blished, various questions of law would anse. But the
first question was, whether the facts proved established such
a relation between the mrties. If the policy was the pro-
perty of Sebastian Hardey, the other question was immate-
rial ; but if it was not the property of Sebastian, then the
other question became a material cue in reference to the
relief sought by the bill. His Honour went in considera-
ble detail- through the evidence as to whether the policy
was that of Sebastian Hartley, and he was of opinion that the
plaintiff had failed to make that out. The presumption
was, that the defendant, James Hartley, was the owner of
the policy when it was effected. It was effected on his
brother's life by him ; and although it appeared that Se-
bastian paid three or four of the first premiums, still the
documentary evidence taken altogether showed that James
and not Sebastian was the owner of the policy. He was
also of opinion that the plaintiff had failed to show that he
was a surety only for the debt due to Evans. On the con-
trary, it appeared from a letter written in October, 1842, by
the plaintiff and Sebastian Ilardey to James Hartley, that
the latter was surety for the plaintiff and Sebastian Hartley.
The plaintiff said that he was led to sign that letter by sur-
prise. But no sufficient explanation of the circumstance
had been given. And the plaintiff having, in his opinion,
failed to make out the several ground. on which he rested
his claim, he must dismiss the bill with costs.

THE POLICE COURTS.
MANSION-HOUSE.
Moses Jefineyda Gerrit, ran du Lower, Janice The
Vlejenen, and Moses Andrieq, were brought up in custody
of Henry Isaacs, the constable to the C ammittee of Bankers,
for re-examination, before the Lord Mayor, upon the
charge of having had in their possession a number of Dutch
bonds, amounting in value to 2,6001., which had been stolen
at Amsterdam, from the house of Francis &baker and Ce.,
of that city, merchants.
The solicitor for the prosecution produced a Dutch officer
of police, who proved that a robbery of bonds had taken
place at Amsterdam, and that the list produced by the
police agreed with that of the stolen property. Upon this
evidence he asked for a remand.
The Lord Mayor was of opinion that as the robbery had
been committed abroad, and there was no proof that the
rightful owner of the property had ever held possession of
it in this country, he had no jurisdiction in the case, and
discharged the accused.
The property remains in the hands of the police' the Lord
Mayor refusing to make any order concerning its disposal.
MARLBOROUGH-STREET.
Captain Paula Henry Sonterset,of the Coldstream Guards,
was brought before Mr. Hardwick, charged with (having
horsewhipped Police-constable Griffin, one of the constables
stationed at the Great Exhibition.
Police-constable Griffin, I) 69, said he was stationed with
other constables in the carriage-road leading to the Exhibi-
tion, orders having been issued by the commissioners, in
writing, to allow no carriages in that road, but to oblige all
vehicles to go up Rotten-Row. About three o'clock that
afternoon he saw the defendant driving a plorton and a pair
of horses up the road at a rapid pace. He was then 30 or 40
yards from the carriage, and he immediately signalled to
the defendant to go hack, by holding up his hands. The
defendant took no notice of the signal, and he called out to
him there was no thoroughfare for carriages up that road,
and that defendant must go up Rotten-row. The defendant
whipped his horses, upon which witness caught hold of the
reins, and then received a dozen blows from the whip in de-
fendant's hand over his head and shoulders. De fendant called
out to him to let go the horses, to which he replied, "No,you
cannot go up the road." Witness, however, did let go the''
reins, as he feared the carriage would upset, us it was almost
on the bank, and then the defendant whipped his horses
into a full gallop, and tried to get away. fhe defendant,
however, was stopped by the horse patrol. The defendant,
in his flight, dropped a horsecluth from the phaeton. The
blow, with the whip were given over the face and shoulders.
About four lashes fell on his face, drawing blood slightly.
Defindant—Did I nut say to you I was nut going to the
E oh i bition ?
Constable—l did not hear you say a word.
Mr. Hardwick asked the constable if his orders applied to
all carriages, whether going or not to the Exhibition.
The Constable said the orders were applicable to all
carriages. Not one was to be permitted to pass up the road.
Police-constable Hornsby. D 63, was on duty in the same
road. Saw the constable hold up his hands to the defen-
dant, at the same time calling out that no carriages were
allowed in that road. The defendant paid no heed to the
warning, and when the horses in the phaeton were laid
hold of, he began lashing the constable with his whip over
the head and face. The defendant then gallopped:liis
horses as hard as he could up the road.
The constable stationed at Kensingtou-gate said the de-
fendant drove into the park too suddenly for him to do
more than call out to him he could not go that road.
As there were atones on the part of the road, it was pos-
sible the defendant did not hear what was said. Finding
the defendant was proceeding up the road ut a gallopping
pace, witness aignalled to the police constable further on
to atop him and turn him back.
The defendant said he did not know the nature of the
orders issued to the police. Ile had driven along the same
read the former day without interruption, and he was
not aware he could not do so that day. He denied his
horses were going faster than at a trot. The constable
seized the reins, and nearly threw one of the horses (a
young horse) on its haunches. Fearing the horse would
kick, he desired the constable to let go. The constable
would not, and he but his temper and struck him. He
considered he hail nut met with that courtesy from the
police which a gentleman is entitled to expect.
Robert Madder, defendant's groom, was called for the
defence. His muster's horses were trotting, not galloping,
when the policeman laid hold of the reins. Before that
his muster had culled out he was not going to the Exhi-
bition.
Mr. Hardwick (to the defendant)—lt matters very little
whether the warning given by the police constable at Ken-
sington-gate was heard or not. Two other constables Rig-
nailed you, and then, whether gentleman or coachman, it
was your duty to pull up at the instant. Instead of doing
this, you drove ou furiously, and paid no atteutiun to the
constable.

COURT OF QUEEN'S BENCH—YzsTrattuy.
SITIONOS IN BANoo.—liiruas to= CANIIIILL AND Mo.. A:ems

P.IIWON.

Sir Fredeick Thesiger moved fora rule calling upon the
Lancashire and Yorkshire Railway Company to show cause
why a writ of mandamus should not be issued, commanding
them to make such openings in the ledges of the railway as
might be necessary and convenient to effect communica-
tions between the railway and the collateral branch or
branches which might be made upon the lands of Mr. Ste-
venson. The application was made in consequence of a
provision in the special act (1 & 2 Wm. IV. e. 60, t. 185),
winch provided that it should be lawful for any landowner
to lay down a branch on his own land, and that the com-
pany should be bound to make openings necessary to con-
nect such branch with the main line. Applications were
accordingly made to the company to make openings, but
they said that they could not do it without danger to the
traffic, and that the landowner should not have any branches.
The court would see that Mr. Stevenson could not make
the branches without first ascertaining where the company
would make the openings, without running the risk that
all the expense of making the brunch might be thrown
away. On the other hand, the company might come here
and say the mandamus could not go to make the opening
until the branch was made; but the court would probably
think that the statement of the company, that the land-
owner should have no opening at all, would amount to a
waive of the necessity of making the branch first.
Lord Campbell said the court could not provide against
that objection being raised, but that the rule should be
granted, and he hoped that justice would be done.
Mr. Justice Puttmon said that, after all, the question
must be ultimately settled by the Railway Commissioners,
who would have to say whether the openings were dan-
gerous to the traffic or not.

COURT OF EXCHEQUER.-YESTERDAY.
SIIT 111.41 IM HAMM

THE VAVILHALL-DIIIDGIL COMPANY O. SAWYER.-. 117150-

MENT.
The Lord Chief Baron deli eyed judgment in this ease.
The question at issue was, whether the tolls of the Vaux-
hall-bridge were liable to the payment of the land-tax.
Having entered at length into the facto of the cane, the
Lord Chief Baron said that the defendant was entitled to
judgment, as the tolls of the bridge were, in the opinion of
the court, liable to land tax.

Judgm'ent accordingly.
BL.AND F. CROWLEY ANT OTHIRA--irDONENT.

This wean action brought to recover 3,0001. on a covenant
in a deed entered into by the defendants, u Provisional
Directors of the Portsmouth and London Atmospheric
Railway, with the plaintiff, a landowner at Lcatherhead, in
the county of Surrey, through whose pork the company
proposed to run thi;ir railway. By the deed in question
the defendants agreed to pay the plaintiff 1201. an acre
for his land, and as an inducement to his con-
senting to the bill, they also undertook to pay him
3,0001. for the interruption to his privacy and seclusion,
and the rent of a temporary resident*" in the event of the
bill passing." The plaintiff assented to the bill, which duly
passed into law. The defendants had not however carried
out the railway, but the plaintiff, thinking himself entitled
to the payment of the 3,0001. fur his assent to the bill after
it had passed, brought this action to recover that sum. The
defendants pleaded that they had not taken the land. To
which plea the plaintiff demurred. On the conclusion of
the argument, which we noticed at the time, the court
took time to consider.

Detendant—l should have stopped if treated with proper
civility.
Mr. liardwick—lf officers exceed their duty there is an
easy remedy by complaint to the commissioners ur to a ma-
gistrate. I am surprised that an officer in her Nlajesty's
service should not have set a better example of obedient• to
those in authority. Constables must be protected in their
duty, and examples must be made of all persons who ob-
struct ur injure them when on duty. You will go to the
Mouse of Correction fur 10 days.
Defendant—House of Correction ! Pray allow me to pay
a fine. I trust you will consider our decision over again.
Such a sentence will probably oblige me to leave my regi-
ment. I will pay any flue you may inflict.
Mr. liardivick—No, I decline to make any alteration in
the sentence. 'the law knows no distinction of persons,
and there arc no circumstances of mitigation in your ease,
a‘ you, from your position, ought to have set an example of
' obedience to those in authority.
Captain Somerset was then removed to the lock-up cells,
evidently Ma state of must uncomfortable bewilderment.

Mr. Baron Parke and Mr. Baron Platt were now of
opinion that the consideration for the covenant of the
defendants being the assent of the plaintiff to the bill, and
the only event specified as the contingency for the payment
of the money being the passing of the bill, that event
having taken place, the defendants were bound to pay the
money, although they haul not actually taken possilision of
the land. The plaintiff was, therefore, entitled to judg-
ment.

ST. ALBANS BRIBERY CoMMIMiION.—The bill for
appointing commissioners to inquire into the existence of
bribery in the borough of St. Albans, prepared and brought
in by Mr. Ellice and Mr. 11. Stuart, recites that it is expe-
dient to appoint such commissioners, with a secretary and
clerks, as there is reason to believe that the practice of
bribery at elections of members to serve in parliament has
long prevailed iu St. Albans, and that bribery to a great
extent was systematically committed there at the lust
election; that great difficulty has been hitherto experienced
in obtaining complete proof of this system of bribery by
rea.son of the contnvances of certain parties more or less
implicated in the same ; that it would tend to insure a full
discovery of it if an inquiry were made on the spot by
authorised commissioners. The commissioners are to report
from time to time to parliament, and are to have power to
send for persons and papers. Persons implicated in bribery
who may be examined, and who make a faithful discovery,
are to be indemnified from criminal proaecutions. It is
proposed that each commissioner shall receive five guineas
a day over and above travelling and other expenses. The
latest account concerning the whereabouts of the "ab-
ducted " witnesses, Hayward, Waggett, Birchmore, and
Skeggs, is to the effect that they were at Houloisne.
VISITATION OF TIIE ARCHDEACON OF MIDDLESEX.
—Yesterday Archdeacon Sinclair held his visitation in the
parish church of St. I'aul, Covent-garden, when a very
large number of clergymen were present. After the ser-
mon had been delivered by the Rev. W. Curetou, M.A.,
canon of Westminster, the archdeacon proceeded to deliver
his charge. He took a review of the ongin and progress of
the tractarian movement, and pointed out its constant ten-
dency towards Home. He afterwards adverted to the case
of Mr. Gorham, which be considered to have been much
overrated. There were points which anise in Mr. Gor-
ham's examination of much importance, but these wore
omitted in the synopsis which was drawn up for the decision
of the Privy Council. The opinions of Mr. Gorham were
singular in many respects, and such as would never become
prevalent. Whatever might be their opinion of the decision of
the Prisy Council they were extremely dissatisfied with the
composition of that body as a court of appeal, and wished
to have a court composed of membersof the church to decide
church questions. With respect to papal aggression he con-
ratulated them upon the movement which was made by
both clergy and laity ; hut the measures proposed by the
legislature lamentably fell short of the wants of the country.
It was not, however, by acts of parliament or by carnal
weapons that they must rebut the aggressions of popery,
but by directing the attention of their tacks to the all
sufficiency of Christ and the simplicity of Christian
truth, and by calling attention to the testimony
which the early reformers bore to the truth.
Church extension and parochial organisation must be
carried out, and more labourers sent into the field to pre-
occupy the vacant ground which the church of Home was
so zealously endeavouring to obtain. In conclusion, he
urged upon his auditors the responsibility of their position,
and the importance of their duties, and that they should be
careful to give offence to none, while they took care not to
be misunderstood.

The Lord Chief Baron thought that the parties to the
covenant must have contemplated the taking of the land
ea a condition precedent to the defendants' liability, unless
the laud was taken no damage or annoyance could accrue
to the plaintiff in the occupation of his house or park. The
sum to be paid was by seay of compensation, previously
:lamed upon OA that which ought to be paid if the land was
taken. With that view he was of opinion that the plea was
an answer to the declaration. The majority of the court
was, however, of a different opinion, and iu effect therefore
the judgment would be for the plaintiff.
Judgment for the plaintiff accordingly.

COURT OF BANKRUPTCY.—YESTERDAY.
Bevan Na. Cosommovra Goruirais.
IN RIB ItOWLANDIION AND ROIVIANDSON.
The hearing of this ease was resumed, by adjournment,
from Friday. The bankrupts, who were drapers and
upholsterers, in Whiuchapet-road, applied fur their certifi-
cates.

Matthew Rowland.on, one of the bankrupt., was further
examined. lie said he held four shares in the Latches
Mining Company in December last, which had been pur-
chabed with money produced by his wife's property. They
were in his name in the company's books; but it Wag under-
stood the money should nut go Into the business. lie had
paid, altogether, 440/. on the shares. He transferred them,
about the middle of but December, to Mr. Hodgson, but
received no consideration. Finding they could nut be
legally retained, he had given them up immediately. Mr.
Honey, the accountant, had cautioned him against leaving
himself in Reed's hands, but it was then too late. Had the
caution been given sooner, what afterwards happened would
not have happened. Mr. Honey cautioned him two or three
times,and said Reed was the &sine person L 6 had been con-
cerned in Swan's cue. The firstoceasion was before he gave
the account to the creditors of the 6th Jan.; but the mis-
chief was then done—the goods had been removed.
His Honour here observed that he had a great aversion
against making a mac against a man out of his own mouth.
It was true be was bound to answer, as Lord Eldon said,
though he did it with a rope round his neck ; and that at a
time when he would really have had a rope round his neck
fur such an offence.

Mr. Lawraoce said that, at nisi print, it did • witness
quite as much harm with the jury to refuse to answer a
question as to answer it t. my ; and he presumed the case
would be the same here.

Hie Honour thought that, under the circumstances, the
examination must be continued.

Bankrupt further deposed that oa the 6th of January lie
offered a composition of 9.. or 10a. in the pound, in which
his brother concurred ; at least, such were the instructions
he gave to Mr. Homy. Had previously executed an u-
signment to Mr. Tapliu and Mr. Hitchcock, the principal
creditors. At the meeting of creditors it was announced
that they had been made bankrupt, and the messenger
came in to terse them with notice to surrender. They
came to the court, and then, in assurer to Mr. Turner and
other gentlemen, disclosed all about the goods that had been
removed. Witness said there were some at Hertford, some
at Jones and Son's, and others at Arundel's, in Whiteeha
road. It was also named that them were some at .s
who was about to lead money on them. Did not mention
the mining shares, as he believed them to be his wife's pro-
perty. The lease of their premises, at first represented to
be held u a collateral security by Mary Rosrlandson, of
' Shadwell, was not so held, but only promised to her, and
was given up to the official magas* soon after the fiat. It '
had been sold for MU
By Mr. Lawranc•—Fist Decants acquainted with Reed
in June last
His Honour expressed surprise that Reed had been al-
lowed to practise after his connexion with Swan's cue.
Mr. Lawrence said that it was very difficult to punish an
army he Use had advice. If that were done he might
lo Itir giving unsound advice, and then he
fi=sisse ma would be very much thinned. (Laughter.)
asaffianted—Reed had bought furniture of
them ea hie mandeme. and_gave as reference Mr. Mesiteige.
ow bh he was a very respecta-
ble mam, oroold bow platy of money in November.
norm= the wide wort scot, and two bills were drawn
fee rbio amount. The first bill wu not paid at matt
but a few days after; *brother was still unpaid.
whom applied to r onsopkiaost pm:wird to pt Mom an
alma of /OK NO • awl , ware Won soled so their
selielfae. No soloomogoil tins to Kr. Eoas7.

ACCELERATION OP IRISH MAILL--DEPTITATION
TO TOT POSTMASTIReGENTILA.L.— Yesterday • num-
ber of Irish noblemen end members of parliament and
others waited upon the Marquis of Clanricarde to represent
the inconvenience of the present postal arrangements be.
tween England and Ireland. It was represented that the
train which receives the mail from the steamer starts from
' Holyhead at 2 a.m., and reaches Chester at 40 minutes
past 4. The mails and geometric wait there till half-past
6 are then taken on by a slow train, which stops at 16 na-
tions, and reaches London at 1 p.m. Mr. Roney entered
into an explanation of the facilities which already exist for
• better arrangement, and showed that • train might
be started from Chester at a quarter to 6, and
arrive in London at half-put 10, and that the letters could
be delivered from the General Post-offiee at 20 minutes
mist IL This would make practically the difference of •
day, as letters so delivered could be answered by the even-
ing mail. The Marquis of Charism& thanked the deputa-
tion for the manner they had brought the subject before
him. He assured them that it would have the fullest con-
sideration at his hands. He felt the importance lithe ap-
peal that had been made to him, but he need scarcely in-
the deputation that he was not then prepared to name
any definite arrangement. He would, however, state that
negotiations were pending, which be wee In hope would
result in the aceeteretion of both the Irhit and Scotch mails
to the atetrepolie, lad ems* the some early deliver,' of
letteas.