The Express.
London, England, 1853-11-25 00:00:00

BAIL COITIIT.-YEATEADAT.
SITTI.I.I AT XI4

trit■na wart r. HILL T/IVVIACTIOX.
Mr. Judie., Crmpton nrw summed ■pp in this ease,
which hoe occ■pied 1 days. He thought that the jury
would agree with the learn-el counsel and himself, that o■
one aide or the other most deliberate in rjury must hare
been committed. The only question for them to decide was
M which side they pre credence.
The,jory retired for three hours, end cn returning found
a veriset for the plaintiff for 12W. 7s, Id.

Mr. Ju‘tiee Crompton then again eat in bane,.
' . • 0.61124 AND OTHER.4.—CKIMINAL
INPUIIMATIOX.
Mr. Sirjoint Shoo, at Use instance of Dr. O'Connor, ap-
plied he • rule stalling spas Michael Keating O'Shea,
1 how CI iyien the elder, and Thomas Clayton the 'onager,
cashew came why • criminal information shoul.l not be
Sled against them for a libel which appeared in a newspaper
published is Dahlia called the Weekly Telegraph. The
libel impaled penally that Dr. O'Connor was an impostor,
and that he bad no right to put M.D. at the end of his
sane. Dr. °Teener denied this by andarits, sad also
denied that he was a saunterer about the House of Com-
mons as alleged in the Libel, although he did go there occa-
sionally to see members.
Mr. Jostle) Crompton said he thought the article was
libsllnus. The object of the applicant might, perhaps, be
attained by publicity.
Rule granted.

COURT OF COMMON PLRAS.-TIESTERDAT.
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••ALtil P. r►saracLY.—AOTIUK TOR TIM POWS or

AAAAA LATIMO • FILINCK WO I.

The partieulan of this ease an already before the public ;
the facts being shortly these: la the nouns of the present
terse the saes was tried o Leedom, as an undefended cause,
there twin, by mistake, nobody in attendance on the part
of the dekellaat. The emit granted a new trial, sad the
caw was tried a seimad time Um day before yesterday, pad
a verdict was kind for the plidatiff fee full amount
claimed-71k _ _

Mr. Strisant Byles sow wed, is the part of the drier
dent, for • male for • mew trial, urea the grime that Mr.
Justice Cnessrell, who widths ease, had saindkuonall Ms
jury. The learned 01111111111111 elated that _ Ila _ plebe
tar le a barrister. vie Yr devoted MEW( Me
assay years to literary pumatte, and who has
Imo mach escaped in mebbg translations team Fres&
fats Beelioh. The delegate* It a printer sad publisher.
and he employed th. rfaintletto trairlate ter Ms a life et
Louis XVII. As to the NMI de
ale illinpuntat, the
*Maw was sontradictery, *erring,' anal that It map
elreed that he should be paid a the Base tribe es he
loom paid by Mr. Bogue and by Mean. Ingrate Mid
Cooke, which mould ler a work of this kind be at tale aatla
of three guineas • Omit ; and the defendant's militate
Wog the so price was EliftiOlitd, and that two
and • half was the tonal price. The defeats wan tan
work was not proopey done, although it Ma
admitted that the plaistiff was • goatleama
very highly qualified to maks the tramigian
Mosself, but it was objected that in aaneagemsa
of his having born unsold by his son and his seuris, •
lady. a great number of farm Dail got into the treadatisa.
Malty of than Mad be.. manstad by tlto nadir, but,
nommlmiameiS mamswaglimagfiza• gentleman samod
Mg• mug
the wadi Wag 271.,
mid IN. or let essence havissitt astresndrit settiag.up
beyond the ordinary amount, in amonytonco of the
Wooden in the translation. Evidasse of this kind was
aims to reduce the amount of the piriatife 'kiln, but his
Lordship said that there was no winanty of any kind in
Um tut, end that if Mr. Hamlin had his
mind to the work, and had dome applied his
the matfett price, it the jury were of °plain that
there was one, must be paid. This it was submitted was
wrong, and it was contended that his lordship should have
said that the plaintiff undertook to produce • translation of
a reasonable degree of literary merit. The question me,
whether then was reasonable literary merit in this one.
Mr. tomtit' Maule—The late Mr. Mathews bad ones im-
redeatly agreed to act for am pen= only for three years ;
sow dispute atom, and an action was commenced, and
Lord Tenterden held that Mr. Mathews me bound to be
seasonably wry. (A laugh.)
Mr. sent
13yles—What would their lordships have
said it then hod been notorious violations of English
grammar le the translation
Mr. Jostle, •

so Mr. Cebbett found in the

Xing.. speech. (A laugh )
Mr. Serjeant Bytes did not wish to refer to royal blunden
at all; bat he submitted that the bused judge was wrong
to the direction which he had given to theory.
Rule granted.
Mr. Watson, Q.C.. for the plaintiff, said it was important
that the matter should bs disposed of this term; and it was
aimed that cause should be shown against the rule to-
morrow.

COURT OF EXCHEQUER.—YESTKADAL
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/WIMP. ISS. UA•OU PLITT, AMP MM. NU NN MINIM
SALL O. 01111311.-" Evian's."

This era a;aceio•, ;wider the 275. e. 311, 11. 2, to
recover • penalty of 1001. hew the dshodaste the proprietor
of " Brame's," Piths% Otheat-gardenj be keriOng • rooms
for sinerig and mule whitest thin I. s 4 fie that par-
Po;o• TM plaintiff; who wee said be be as Money, ea-
played two en these peens es the 11th of August late to
fp to gram% fkippee-seena. Thiry sethed at the trial that
at the upper end of the teeth a wee pissed, as
which • prehadenel penes nesenynekianes to
SING, heath he., anti ether seethe of the an-
Meal pethaeshn end that en kinethp die then the *Meese
ma* emly 'hoped for the robethemmie e( width they bed
partaken.
For the defendant it was contended that the roes was
kept fee the ordinary purposes of a tavern or hotel, and
that the Inge sad sloping were only subsidiaries, sad did
sot brine the ease within the meaning of the statute. The
ja-y loved fee the defendant.
kir. Chashen now moved for a rule insi for a new trial,
on the `rased of misdirection ; the learned judge before
wl•oem the case woe tried (Mr. Barth Platt) harms misled
the jury, by putting it to them whether the magi' was sub-
sidiary only to the defendant's business in the room in ques-
tion, whereas he should h tee asked them simply whether
sawn lad not been performed in the debindaet's house in
coat-wrestles of the act.

Mr. Baron Platt—l asked thin to say whither it wee
kept for both purses, or if it wr kept for as hotel•
keeper's betelarese, sad not for music ; sad they said it was
for an hotel-keeper's business.
Mr. Chambers—l did not hem that.
Mr Baron Platt—l am sun if yea had a short-hand
writer's note you would Audit.
Mr. Bares Alderson—lf it had boon shows that the rooms
was kept fee both purporos, it would be clearly against the
act of parliament
Mr. Bares Parke—The keeper of the hoses would be
liable le a penalty, sad every press there alight be taken
up.
Idr. Bunn Aldersea—lt might be attended with awk-
ward eeasegeenese. 11 you sat down to hate your supper,
sad a min ems* in with a trumpet, you suit walk of as
het as you eta. (A laugh.)
Mr. Chambers said it was announced that entertainments

Barth Martin—lt is isepossilils to say that it is aot a
question for &jury.
Mr. Chamben—Yes. hot they were misguided. This ob-
ject of. *out w..s to prevent the improper us of
public-
bouws for dancing awe mask. No puma, Immo, re
special''', could open a room for such a purpose witbeut a
license. Lord Elleobotongh, in a similar cam, had said
that if the members of both Houses of Parliament, with
their wives sad daughters, were found is such places, still
they would be disorderly houses," within the moaning of
the statute. It was no answer, therefore, to my that the
elapse, was respectable. Wherever they found gentle-
men, sopetriatl:••• is early life, disposed to go to
singing sad they wauld find well-dressed pa-
wn, elude Idler Mil look like gentleness, there else.
The real vise alba samming up was, that it misled the
jury into the belief that they were to look to the sisgiag as
subsidiary.
Mr. Berea Parke—The verdict stems to have been
giggliest the @video's, bat that is no Around, la a pouf
little'. tor • sew trial. If the jury had been instructed to
say whether or net the piaci* object was entertalanuat,
sod music wee esly aoseasary, I think that would sot
have been a right diractioa ; but my brother Platt reports
that at the eallaileSloll of the call, he put it to the jury
whether it was for hoth purposes, and they found it was
not, but wee forth, purpose of entertainment only ; I think,
therefore. thcr: should be no rule in this Cate.
The other learned j edges havicg concurred, the rule wu
niuted.