The Express.
London, England, 1847-02-09 00:00:00

Kw Pant-Ik4ore Mr. Justice Me.

BELL AND WIPE D. BNOWN.—ACTION ENDER THE INTER-
PLEADER ACT TO THY THE EIGHT 10 GOODE NEITED IN
ex ECIITION.—This was an action limueht by the pleintiffs to
try the right to goods seized by the defendant in execution
dewed against a Mrs. Woolmer, the motlur-iu•law o the
plaintiff, and whi. b goods it was alleged had been ses'gned
to the plaintiffs by deed. In the course of the plaintiffs
case it wag elicited that at the time of the levy there were
goods of greater value by the sum of 32!. than had been as-
signed in the deed. Ur on this the teamed judge directed a
verdict for the defendant, it having been decided in several
cues that a levy in such circumstances was legal and
proper.
WILXINSON O. BEADON.—DEBT TOE WORE AND L.ROVEI
IN PREVAILING A PATENT MACIIINE.—MT. Strjeant Bhee
and Mr. Conic appeared for the plaintiffs; and Mr. W.
H. Watson and Mr. Adamson for the defendant. The
action was brought by the plaintiff., who are emi-
nent manufacturing engine erg in Bt. George'e-road,
Southwark, to recover 211. 9s. 6d., the sum charged
for making a patent machine for raining and shutting
'h. heads of carriages (rem the inside. The defendant is a
Ceptnin in the Nary, and is the patentee of a machine for
raising and lowering the masts of ships. The defendant
had pleaded a tender of 151. For the plaintiff, evidence was
given of the charge being peeper, and of the length of time,
and number of workmen employed on the construction of
the machine. For the defendant it wits shewn that two
other machine of exactly the same kind, had been made be
two other manufacturers, for one of which 92 was charged, and
tor the ether, 111., and witnesses were called, who valued
such a work at sums varyir.g from 91. to 121. Verdict for
plaintiff, damages, 19!.

COURT OF COMMON PLEAS.
Nw Pares.—!More Er. Junlecc Co/tesaa, and a special Jury.
MORGAN AND ANOTHER v. EARL OP ARRILOAVINs y.—
This was an isrue to try whether the deer in Erdridge-park,
Susses, are wild or tame, fur a report of 'illicit we hate not
space to-day.

COURT OF EXCHEQUER.
Sitting in Demo.
Doe DIM WELSH O. LANOFIELD.—JDDOMENTS, AD-
MISSION BY COPYHOLD TENANT.—III this case which was
argued and reported by us on Saturday last, when time was
taken to consider, Mr. Baron Parke. at the sitting of the
court to-clay, delivered its judgment, discharging the rule for
• new trial, which had been obtained by the plaintiff on the
ground that Mr. Baron Platt was mistaken in saying that
there was no evidence to go to the jury. The evidence relied
on was the statement by a deceased copyhold-tenant, under a
manor that he held by "life interest," and it was urged that
that being consistent with the case of the plaintiff, was evi-
dence to go to the jury in support of the plaintiff's
claim to the property then held by the deceased
whose widow was the present tenant, and who claimed to
be entitled to it for her life on the ground that the tenure
of her husband was not confined merely Wan interest for
his own life. The court was of opinion that the rule ought
to be discharged, for so equivocal • statement as that relied
on being equally consistent with the ca-e of the plaintiff and
of the defendant, was no more prima facie evidence for the
one than for the other. Such evidence was therefore rightly
rejected by the judge as being of no weight whatever ; but
if it had been submitted to the jury, and they had seed on
it, the verdict would h►ve been set aside without hesitation.
The rule must therefore be discharged.—Judgment accord-
ingly.

POLICE. V
- - ERTERDAY.

GUILDHALL.—FOROIHY.—N. Kensp was charged with
being concerned with a person not in custody in obtaining a
banking-book, by means of a forged order, from Mews. Smith,
Payne, and Smith. There was also another charge of
forgery having been committed on the Messrs Fuller and
Co. on the 29th of December last.—John Forrester stated
that on Saturday, hearing that the prisoner was taken into
custody by a policeman, he and his brother proceeded to
where he was, and asked him to take whatever papers,
&c., he might have, out of his pocket for their inspection.
The policeman took out a pocket-book (now produced) in
which he (Forrester) found a cheque on the bank of Mews.
Smith, Payne, and Smith. He proceeded immediately to
that firm, an 4 ascertained that the book had been obtained
that morning by mean of an order which it was discovered
was a forgery. There was also found on the prison, r
4:11. 18e. 9d.—William Smiddeo, • clerk in the firm of
Smith, Payne, and Smith, deposed to giving up the
hank book to a person who presented the order
now produced. The prisoner, however, was not that
Person. The order ran. " Flew give the bearer my bank
tog book. Junta Beckenham."—Mr. James Beckenham,
of 64, York-road, Lambeth, stated that the order was not in
his handwriting, nor hid he ever authorised any person to
write such order.— The prisoner was then remanded till
Saturday.
H AND ALLEGED MURDER.— Albert, Ens Tommy
Burt was charged (in conjunction with an accomplice 'not in
custody) with attempting to rob &person named N ash .—Naah,
accompanied by a person named Bruff, left the Golden Ball
public-house, King-street, Snowhill, about half-past twelve
o'clock on Friday night for the purpose of spending the
night out, and about eight o'clock on Saturday morning re-
turned, followed by the prisoner and another man, who in-
listed and finally forced their way into the bar parlour after
them. They were requested to leave, but refused, until the
landlord came down and threatened to give them into
custody. They still, however, persisted in remaining in the
loose ; and, upon Bluff going to the door, for the
purpose of calling the police, ha was struck by the prisoner's
companion in the [Ace, and sent against the wainscotting. In
eight boars after he died, but whether from the effects of the
blow or from drinking, would be ascertained before the co-
roner. in the meantime the prisoner was observed putting
his hands into Nash's pockets, and also trying to get • ring
off his finger, but was prevented. Both men were then
turned out, but not Were the landlord had been assaulted
by the person who had escaped. They were allowed to
depart, but, on the death of Bruff, it was thought proper to
take the prisoner into custody.—Add. Wilson asked how it
was Nash had net corns forward to give evidence ; and was
informed that be could not be found, having scarcely been
home since Saturday. The fact was, he had oome in for
some property, and it seemed likely that he was seeing how
feat he could get rid of it—The prisoner, in defence, said he
was acquainted with Nash, and, happening to meet him
about tire o'clock on Saturday morning at the Falstaff public-
house, in Covent-garden, with some friends, he was asked to
have a glue of brandy and water. Re did so, and they pro-
ceeded to various public-houses, drinking brandy and water,
and rum and milk, until they were all tipsy. At last
Noah, Bruff, the prisoner, and his companion, parted
from the others, when the first-named indindual proposed
having some more drink, which Bruff said should not be, and
succeeded in securing Nash's money (tour sovereigns),
thereby preventing him carrying his object into effect. They
then proceeded to Mr. Phillips house (the Golden Ball),
and he (the prisoner), considering Mr. Nash as a friend, cer-
tainly did go into the bar parlour, hut never attempted
to rob either of the parties. He also admitted
that his companion struck the deemed Bruff; but he
could not tell his name or where he lived, being
only a casual acquaintance of not more than a
fortnight's standing.—One of the witnesses named George
Eveson here stepped forward, and said that the prisoner's
companion told him that they wanted Buff to give the four
sovereigns to Nub, and that the prisoner would soon rob
him of it. Also, that if witness would hold his tongue, and
call the next evening, they would give him a sovereign or
two fur so doing.—Add. Wilson decided upon remanding the
prisoner, to give the officers an opportunity of apprehending
his companion.
CLERICENWELL.—Asamme ois A CONSTABLE.—J.
Andrews was charged with having violently assaulted police
constable Taylor.—Taylor, whose shoulder was dislocated,
with his arm in a sling, deposed that yesterday morning,
about 1 o'clock, he saw the prisoner, a cabman, in Ray-
street, Clerkenwell, drunk, and cruelly beating his hone
with • stick, • hilst the animal was bleeding from its knees.
Witness interfered, and seized hold of the reins. The pri-
soner then began to strike him on the head, by which he was
knocked down, and his shoulder dielocated. 221 0 came to
his assistance, or the prisoner would have done him more
serious injury. He was taken to the station-house, and the
horse and cabriolet to the green-yard. Witness went to St.
Bartholomew's Hospital, where the house surgeon attended
upon him. He was perfectly disabled from performing his
duties aa an officer.—Polies constable 221 corroborated
this testimony.—The prisoner, in his defence, said that the
horse slipped, in consequenoe of the frosty weather, and cut