The Express.
London, England, 1851-01-16 00:00:00

PENAL where he seteally wee at the time the
cede were applied for and delivered at 75, Castle street
The day before the letter dated the nte of August
was written an elderly gentleman ;silted at the house of
Mss. Seam, who lived at 75, Castle-street Eat, and in-
formed that lady that he wished to take lodgings for a young
man, who was his nephew, and who he expec'ed to arrive
tem Liverpool. The elderly sesames sated
bathestht his
nephew had • gouty, of luggage,
1a which be wished
his • ts. KM Scares requested a reference, aro
which the elderly gentleman named a Mr. Heather as his
reference, who was the proprietor of • shop in the neighbour-
hood, and who, on being refetred to, stated that the elderly
gentleman was a rupee able man. The lodgings were eon.
*squatty let to him for Ire nephew, whose name, he
laid, was Alfred Elam. The goods which bad been
left at the Calories-town goods station were for.
wuded by Menu. Chaplin and Horne to 75, Castle-
street Bast, where they were received by a young man,
who represented himself to be Alfred Elam, and who signed
the delivery book in a handwriting extremely like the
rename signature. After the goods bad been delivered, •
mitt was brought to Mrs. Seare's house, into which the goods I
were put, and the young man calling himself Alfred Eisen
left the house and never returned to it. During this time
the pleb tiff, the real Alfred Elam, was a prisoner in the
Queen's Prison, living through the charity of his friends,
who lust him such small sums as half-a-crown at • time.
He also received the prison allowance, which was made
to people who were ant worth 101 in the world. The plaintiff
whilst in prison had never made any application for his
packages, althouth by the *vide nee which he offered at the
trisl he had from 401 to 601. in notes alone in his chest. In
November, 1849, be agreed to pay the sum of 301., and to
give • warrant of attorney for the remainder of the money
which he owed his landlord, and he was then released from
prisms. He (the Solicitor-General) would ark where did
the plaintiff get the 301, from ? Here was the case of a man
without the means of existence, whose father and whose
family were in most indigent circumstances, suddenly
finding himself in a position to pay 304., and
getting out of prison, and retormog to his shop,
when he had again set himself up in business.
He did net when be was released from confinement apply
for his goods, but waited meta the 6th of December, when
he went to the goods adios of the railway and requested
to hove his goods seat him. The clerk to whom he made
his application, not koowiog that the goods had already been
rent away, stated tort they should be delivered upon •
written application being made for them. The plaintiff
directly wrote a letter demanding the goods, but on meted.
!ration it appeased that they haul been already celivered to •
prom collie, himself Alfred Elam A second demacd was
aide for the goods, and the action was then brought against
the defendants. There was this important fact in the case
that Snowden who went with the plaintiff to America and
came back with kens, stated at the trial that no one except'
himself and the plaintiff was aware of the quantity of pro
piety that had been brought from America, or even knew
where it bad been deposited. Snowden swore that he
knew nothing about the goods being taken to Castle-street
East. Whoever bad obtained the goods must have been
aware of their having been brought op from Liverpool, and
of the number of the packages lie must also have been so
well acquainted with the handwriting oldie plaintiff, that he
could imitate it ; and • aumhor of witnesses called by the
defendants at the trial stated that they believed the hand-
writing to be that of the real Alfred Elam. There was also
the peculiar circumstances in this ease that the plaintiff had
left England in a state of poverty. hat returned and been
thrown into prison, had stayed there for some time, and had
not got out t xeept by settling with his creditor', and when
he was released be did not apply for his goods
omit six weeks afterwards. He (ice Solicitor. Genera!)
bad suggested that, supposing there were any property
in the packages, the plaintiff had himself twisted in
getting possession of them. Since the trial the defendants
had received some fresh information which he (the Solici-
tor General) sus of opinion was of great importance. At
the trial the sister of the plaintiff had deposed to the con-
tents of the packages, as she bed help, d to peck them
when her brother lett &inland for America. Since the
teal • mown named Wilkins had been Sound, who had
been foreman to the plaintiff before he went to America,
and be stated that the plaintiff never at any time bad any
property on his premises of the value of 801., and that he
left England an so mach fear of arrest, that the property
which he took with him was put into potato sacks,
and deposited in • place of safety. The custom house
officers at Liverpool had made affidavits contradicting the
',ideate of Snowden. The entry made in the cue= house
at Liverpool, opposite the names of the plaintiff and
Snowden, was merely " westing apparel." There were
letters written by the plaintiff to Wilkins when he left
England. These letters showed that at that time the
plaintiff was in • state of poverty. There was another bet
which he (the Solicitor-General) would state to the court.
A person named Day, • commission agent for sonic coal.
merchants in London, happened on the 21st of August,'
1849, the day upon which the goods were sent to Caatle-
strut Bast, to be at the corner of Castle street East, on his
road to • house In that street to 'elicit orders. Be there
met three persons, two of whom he identified to be Alfred
Elam's father end a person named Stewart. Old Mr.
Elam asked Mr. Day which was the way to Castle-street,
who allowed it him. Mr. Day then went to • public
house where he had business, sod which was neat
door to Mn. Searte's house. Whilst drinking • glue
of ale In the public house, Mr. Elam, Mr. Stewart, and
soother person came into the house, and nnt • letter to
Wilkins. Mr. Day was • friend of Whim's, and be staved
la the public house until the inseeenger returned from Wil-
kins's with some papers. Stewart then said, " This will mot
do ; we must go to tiVilkine's ourselves." Mr. Day afterwards
went to Wilkins's, where he saw the lather of the plaintiff.
Mr. Day afterwards called on Stewart on business, and then
recognised him as having seen him at this plan of badinage.
The plaintiff hid two brothers, who could not be found.
There were • number of affidavioi which spoke to frauds
which had been committed by the plaintiff and his family, and
in which his sister was commuted.
Lord Campbell—Take • rule.
The Solicitor General then desired to know whether the
arbitration regarding the items contained in the packages
should be proceeded with.
Mr. M. Chambers, QC , said, that on the part of the
plaintiff he was instructed to ask that it might be permitted
tolEodoroneasspbell thought that the arbitration ought to go
on, until the role was determined.
Bale nisi granted.
DANIEL O. CrALLIS AND ANOTHER.—ILLSOAL DISTRESS.
This action was tried before Lord Campbell, at the sittings
at Tao prius, at Guildhall, after last Michaelis/a term, when
the verdict was found for the plaintiff, with 5,0001. damages.
The action was brooch% against the defendants, who had
been sheriffs of Middlesex, for having illegally seized the
goods of the plaintiff. The property taken had formerly
belonged to • Mr. Jets. Doke, • bookseller and publisher.
The complaint of the plaintiff was, that the goods were sold
for a much less sum than they were worth.
Mr. Berjesnt Sipe now moved for • rule to have the
verdict set aside and • new trial hod, on the ground that the
damages were excessive, and ought motto have been mere than
1,001. or 900/. Several respectable booksellers had been
called at the trial, who contradicted the plaintiff's witnesses
as to the great vain* of the books seised and sold.
Lord Campbell said there was no duabt that the books
wen ealeed in • most diegiareful manner. The quake
of amount was altogether one for the jury ; and be (Lord
Campbell) was not dissatisfied with the verdict.
Bale refixed.

BAIL COURT.—YserrERDAY.
81111., eSNCO.
Tl 3 03C1331 V. MATuft AND CORPORATION OP
BRAoroRD.

In this cam a rule for 4S;;cfauns absolute in the first
instance bad been granted on the first day of this term,
commanding the mayor and town courted of Bradford to
meet cad elect fovea aldermen in the room of *even who
°light to hate gam out of office on the 9th of November,
1850. An application was subsequently made to the court
to reopen rho rule upon the ground that instructions had
been given to show cause in the first 'intone*, and that it
was 'noise to a mistake that that had not been done. That
applicition was granted, and
Mr. Hall now showed cause against the rule, and stated
that the object of all panies was to have the matter put upon
such a footing that no future litigation could arise, bat he
contended 'bat the mandamus in the pees .t form could not
be granted, becalm, in tact, there had been an election,
valid, at all events, up to a certain point, and that seven
aldermen had, in fain, been duly elected, and that If any
mandamus at all were granted it should be to take up the
proceedings where they lett off, and to command the mayor
to declare the seven aldermen for whom votes had been ten-
dered duly elected. The facto, which were not disputed on
either side, were, that a charter was granted to the town of
Bradford in June, 1647, by which the corporation was to
count of a mayor, fourteen aldermen and common roust.
dams, who were to be el. cted in the manner provided by
the Municipal Corporations Act, the first elections to take
place in Atiewt, 1847. By the Municipal Corporations Act
halt the aldermen are to go out of office on the 9th of
November, 1838, and every third suceeetiing year. Halt the
aliermen in every municipal coilriration in Emend ought,
therefore, to have mind in November, 1817. But in
Bradford, the first election having taken place in August,
1647, the corporation had been advised that the lire retire-
ment of aldermen should be in November, 1849, and
accordingly seven had then retired and their pacts
bad been filled up. Bat on the 9th of November,
1860 immediately after the election of the new mayor—
that itelottea• of the days of quarterly meetings hoed by
it 6 6 W IV., e. 76, s. 69, at which it i. not necessary to
give mitios of the busiseas to be transacted, it was mooted
that this was the prom day for the 11,1/1111tIli of seven
aldermen, and a Mr. Pickup handed to the mayor a toting
paper in accordance with the requirements of 7 Will. IV.
and I Vie., a 78, s. 14, by which the election of aldermen is
to be couductid, purporting to vote for seven new aldermen.
The mayor took the paper, read it, and handed it to the
town eleok. fi.o other persons then pat in voting papers,
voting for the same 7 pen .ns, which the mayor did not read
out, according to the requirements of the statute, bat
handed' them over to the town clerk, who read them
out. The town clerk then recommended the mayor not
to preened with the election. But twenty-four other us mbers
handed in voting papers, voting f r the seven existing alder
men, rating that they did in as a pre-astionary measure, is
ease it should be decided that this was the proper day for an
Andre. Thew Tang patine were banded not to the mayor
but to the tows clerk. Under then eircurestaeees, it was
new intended that the seven persons for whom Mr. Pickup
and his friends voted were in fact duly elected: that the
7 Will. IV. and 1 Vic. e 78 en 14, mot be strictly con-
strued: and that the 24 members who tendered voting
papers did not comply with it as they gave them, not to the
mayor but to the town clerk, and three tone were therefore
thrown away : that, by the statute, the election was to be
held, not by the mayor, but by the town council ; and that
body had la foot proosodod to en election.