The Express.
London, England, 1849-02-03 00:00:00

lE,aiu intentgalce.

COMM OF 111CMIQUIEL—Ymnsay.
Ku Puts.—Befor•ffir A. M.*, C.a., and a Migketz spatial 10E7.
TUB ATTOILSZY- GlaaaAL V. RVOIII.L.—FS.[TIAOHDINAKT

Scarce.
The wen as iefisation, at the instates ot. the =dente
department, to rowan penalties how the defevdant, who,
as, sassier of a fisting smack called the Howard, neglected
to repeat to the custom-house officers within 24 hews her
arrival is belled from a foreign sort. This was a regulation
pursuant to 8& 9 Vie. e. &I The vessel in question be-
loused to a Mr. HowerJ, who was very extensively ergag:td
In the lobster fishing trade. Last October the smack re-
turned Arra Sweden with a cargo of lobsters. The defen-
dant having been informed that the market was overstocked
with lobsters proceeded to Ostend, where he had his
cargo discharged. A few days afterwards he returned
late in the evening to Harwich, where the customs
ofnotrs boarded the smack. The defendant, however,
weighed welt r, and, without making any report to the cus-
tem house, proceeded to a place on the Stour, whers. Mr.
Howard's vessels lay up. It was not alleged that the
Howard had anything whatever contraband on bard. to
the part of the defendant it was submitted that a fl Mice
omit returning from a fishing voyage, was not bound to re-
port h r arrival at the custom-house, whether she returned
with fish or ballast. It also appeared that the custom-t ous-
officer who boarded the smack was asked by the defendant
at Harwich whether anything father was to be dote, where-
upon the officer said, "No ; only weigh anchor and proceed
up the river."—Mr. Howard, the owner of the smack,
depo-el that he was also proprietor of fourteen other smacks,
all of which were principally employed in the lobster-fishing
trade, In which he had been engaged foe nearly 20 years.
Sir F. Thiele's, Q.C., who, with Mr. Wilde, appeared for
the crown, (ejected to there matters being ft:gutted into,
as they led to inquiries quite foreign to the question at issue.
The Lord Chief Baron thought the questions were open
to that objection at the first view, but he did not see how
they could be prevented. It was taken foe granted tbat cone eel,
in patties such emotions, always had some object in view.
Mr. Martin, Q.O. (who, with Mr. Lush, appeared for the
defendant) resumed the examination of Mr. Howard, as to
the capacity sad construction of smacks.
Sir F. Theater frequently called upon the Lord Chief
Baron to stop the examination, on the ground that item
irrelevant sad perfectly useless, while it only wasted the
pubec time.
The Lard Chief Baran said the objection to the ex-
amination, on the ground of irrelevancy, was one whish
cast a great difficulty upon the court. However, some dis-
cretion should be reposed in Mr. Martin.
Sir F. Thesieer —lf your lordship can find any pleasure in
listening to each an examination, I have no more to soy on
the subject. I merely wish to call your lordship's atten-
tion to the distiection between a cross-examination and an
examination in eh:et.
The Lord Chief Baron—l must only trust to the judg-
ment of counsel, and hope that thi y will not unacceeierily
occupy public time.
Mr. Marin summed the examination, and asked the wit-
ness whether be had not had • depot for his smacks at one
time at tee Non, and afterwards exchanged it to the Stour?
Sir F. Tbeeiger—l most decidedly object to this question.
What can it have to do with the inquiry under considera-
tion ? I must again appeal to your lordship, and Ido hope
you will not sane ion this line of examination.
The Lord Cole( Baron said he could only repeat what he
had already said. Counsel must be confided in, and en-
trusted with • certain amount of discretion in conoucting
their cams. That discretion should be allowed toe geed( -
man called to the bar only yesterday, as well as to • Queen's
counsel.
Sir F. Thesiger (with much energy)—My lord, I mast
say I cannot bat feel that my learned friend is allowed a dis-
cretion in the peasant ease, and in this court, which would
not be allowed to me, or to others, in any smut.
The Lord Chief Baron—l think that is a very improper
observation, Sir Frederick Tbesiger.
Sir F. Thesiger—l am very sorry your lordship should
say so, but I assure your lordship I only said what I feel.
The Lord Chief Baron (leaving his etair)—This cause
must be adjourned. 1 cannot sit hers to be insulted publicly.
It mot stand over to a future day._
A juror mentioned that it would be most inconvenient to
them to attend again.
Mr. Martin did not suppose he would ever again hold •
brim in that court. Most possibly he should not; however,
he hoped that the potent case would be proceeded with and
concluded.
The Lord Chief Baron—Under the es circumstances there
is no other coarse open to me then to adjourn the ease.
One of the jury was understood to say that Mr. Martin
had sot in their opinion put any irrelevant or improper
question to the witness. They were sure Sir Frederick
Thesiger did not intend to insult his lordship.
Mr. Martin.—Gentlemen of the jury, this is a matter
which you do not understand. There is more here than
lo4understand. I wish to say a few words in defence of
myself.
A juror, hoped the learned judge would consent to try

the else.- -
The Lord Chief Baron—Gentlemen, I cannot consent
o pr.eved with the cause unless there be some concision,
and I have se yet head nothing of that sort.
Sir F. Thesiger said that what he meant to ray was that
Mr. Martin was allowed a latitude which was not oatended

to others.
Tas Lord Chief Bum —That is exactly, Sit Frederick
Thesiger, what I undentcod you to say.
Mr. Martin—l understood it so too. But I don't think
Tour lordship will be spin subjected to such observations as
have been made to-dav, for it may be that I shall never
conduct a cause again in this court. I wish to my in my
own defence that I don't feel that I am at all guilty of
having wasted the public time. I solemnly declare that I
nut no question whatever to the witness I did not believe to
be necessary to raise the questions it is my duty to raise fcr '
my client. Your lordship imputed to me that I bad wa,ted
the time of the public.
The Lord Ct ief Baron—No, Mr. Martin.
MT. Martin—l nr.dento d your lordship to have asH so.
Sir F. Thearr—l also understood your lordship as my
learned Mend has. I thought your lordship sail it was year
opinion he was askirg irrelevant question', but that you
hail no means of stopping him.
The Lord Chict Baron—Yon have then both misunder-
stood me. This case must be adjourned until Monday next,
when I hope we may be in better temper to proceed with it,
and that the judge who presides will thou be treated with
the respect to which he is entitled.
Theepecial jury then withdrew, and a common jury cause,
the data of which were of no public interest, was proceeded
with.

EXCHEQUER CRABBER.—YMITMIDAT.'
Becee the iodise of the Common Pim sad Bann of Exchequer he
mon team the Court of Mens's toted
Tan Banos DI Bona v. Via QIIIIII.—PETITION OP
BIGHT.
Although the name of this long-pending canes has been
familiar to the public, tke facts are probably forgotten in
the maze of lehrsl technicalities in which the later stages
have been involved. The Baron de Bode, the father of the
present plaintiff in error, was a British sukieet, born in the
county of Stafford. In 1793 he was p messed of large
landed property near Alsace, in the territory of Francs,
width was confiscated by the revolutionary government.
After the oceepatiot of Francs be the allied forces in
1814 certain treaties and conventions were made be.
twee* the belligerent parties, by which France under-
took to inclemently the subjects of the sovereign, parties to
tho3l troatirs and oweventions foe the losses they tad sus.
Mined by the conaseations declared In the revolution. A
large men was accordingly paid by Frances to the British
grimmest foe the purpose of settling with our subjects.
The Berea de Bede, after gamy fasffeshial efforts to 'We&
eempeasstien from this fend. at flag* preferred his daises
in • wart 'flaw, and, la Trinity Term. 11144, the owe was
tried at lag in the Court of Queen's Basch, when a verdict
was given in his foam for the ma of 364,3661., with inte-
rest from the let of January, 1819 ; but esetein issues
raised ea the ground that the claim was minded by the
statute of limitatiow, wire found tw the wows. TM
ewe was entescrtently bret :afawm the Cowl of Queen's
Ben* wheajo est was in ner of** sewn. The
ease was th.n bro ht Charlet Emilawase Chamber
on a rit tf error; bet, gimEcif din iIIOWINOM
Berm ee B. de died, and hle emester (dsi gresenthsres)
Wing proceeded with the writ, a motion was wade ea the

part of the crown is quash the writ of error on two grenade
—Ant, that a writ clearer could not he on e judgment in a
petition of right by an estates; and secondly, that a writ of
error would not lie to this court in a ease in width the crown
was a real party, bemuse it was said the statute by which it
was oonstituted did not bind the erown. The omit, ia last
Trinity Term, gave judgment 'phut the Grown on
both points, and diteharged the rule which had
been obtained by the Attorney GeneraL The ease was now
sct down for bruin, on the merits as embodied is the judg-
ment of the Court of Queen's Brash. Yeetsmda7 mornirg
Mr. Bajoant Meaning and Mr. Mellor appea is support
of the writ of error. The learned serjeant addressed the
mutt at groat length in support of the position, that the pe-
tition of right adopted by the claimant, the lather of the
plaintiff in error, was the proper course of procedure. The
argument, although a very learned one, was of so technical a
character and elaborate, that it could not be oompremed into
en intelligible form. The further bearing of the cam was
adjourned till this day, when the learned serjeaat will pro-
ceed with the other points of the case.

COURT OF BANKRUPTCY.—Turrhatimr.
Pelee Mr. MawLebow Paw.
QtrISTIOS Al TO THE CONSTRUCT/ON OP THE Nair ACT.
Mr. Lawmen applied. under the Ist section of the new
act, 11 & 12 Victoria, et. 86, for the discharge from custody
of a bankrupt named R. C. Chappell, wine-merchant, of
Trinity chambers, who had been arrested at the suit of
Mears. Allan and Poynter, for a debt of 621. due on a bill of
enflame.
Mr. Locke, for the detaining creditors, said he should
oppose the application purely on a point arising out of the
construction of the first section of the act. The bankrupt
was in partnership wi'h a person named Thompson, and the
debt on which he had been arrested was a joint debt. Being
thrown into gaol, he sow sought to take advantage of the
Bankruptcy Act; and though Mews. Allan and Poynter
might prove under the separate fiat which had been taken
out against him, they could only do so for certain purlieus,
ts.a choice of assignees and opposition to the certificate.
Hawn, whatever might be the advantage to the bankrupt of
this course, it would be none to the curators of the firm.
His Honour thought the objection was not one which
might to bar the opera= of the act, unless some circum-
stances could be shown to induce the court, in the exercise of
its dieeretion, to refuse the application.
The bankrupt was examined. and stated that the debts of
the firm were about LOl. or 6001. ; to some creditors he ma
represented that he was about to rewire 1,0001 • in one caw
hie father, who was darn/nada a bankrupt, had buena
security for him. He had property, perhaps 3001 wordy%
Rive up to his credit:4s. Did not know what had become of
his partner. Had told him that he (Chappell) should seise;l
in 1.0001. or 1.6001. into the concern. He entered the fism
In Aped last, bat he brought in ao runt tl. Thompson bad
than no stock. The only credit they obtained was from
AJlnutt's, on a guarantee of his father. Previous to his
arrest, their stock had been seized by the landlord. His wile
had property settled on her to the amount of 8001. or 900!.
Hat been induced t join Thompson from the favourable
representations which he made of the business. The goods
of Allan and Poynter, the detaining creditors, bad been sup.
plied four or five months before he joined Thom; son.
Mr. Cooke urgcd that the bankrupt ought to have sought
relief in the Ins,tivent Court. —Mr. Lawrence submitted that
AO man was clearly entitled to his discharge, as big general
conduct was not now in question.
His Honour said the clear object of the act was to vest a
discretion in the commissioner in these cases. In the exer-
cise of this &aeration, he did not think he ought to interfere
unless the case was reuonably clear in favour of the debtor.
Hire the man bad incurred the debt very wantonly, by
giving an acceptance for as old debt of Thompson's, and
without say reasorable expectation of any sort ; he had done
thin to lull the vigilance of the creditor, whoa* right in such
a ease ought not to be interfered with. The application
mast therefore be refused.
Before Mr. Commissioner lichoyd.
ig RN STACET.—Thia WIN the day appointed, by adjourn-
anent, for the last examination of F. B. Stacey, stationer,
Al Sionislace, Blackfriars-road. The particulars of the eau
have already been before the public; the adjournment Dad
taken place owing to the unsatisfactory nature of the ac-
counta.—Mr. Duncan and Mr. Reed, on behalf of creditors,
still opposed the bankrupt's pasting, and required a more de-
tailed account of his emanations with the Patent Ramoneur
Company.—After a short examination of the bankrupt, his
Honour thought it necessary that this should be furnished,
and ultimately the examination wu adjourned sine die.

INSOLVENT DEBTORS' COURT.--Pan. I.
Irs na WILLIAM SAUNDERS --JMTORTANT QUESTION.
A full court, consisting of the Chief Commissioner and
Mr. Commissioner Emil, and Mr. Commissioner Lsw, was
formed to consider an importaet point under the Protection
Act, namely, whether a *mond petition could be filed with-
out the leave of the Court. The ins Trent had two petitions
dismissed, and had flied a third on which the que-tion was
raised. It was stated to be a question of cmsiderAble im-
portance to the public —Mr. Sargood appeared for the inwl-
vent, and Mr. Cooke to the credit ws.—The Chief Commis-
sioner and Mr. Commissioner Harris were of opinion that
the petition should he dismined, and Mr. Commissioner Law
contra. In consequence of the judgment, the petition in
this ease will be dismiastd.

CENTRAL CRIMINAL CO URT.
OLD COURT—Frn. 1.
Before Mr. instioe Coleridge and Mr. Justice CronwelL
UTTERING A FORGED NOTE —W. H. Jones, 21, was in-
dicted for feloniously uttering a forged 51. note, purporting
to be of the Bank of England, with intent to
defraud the Governor and Company of that corporation. On
the 14th Dee. the prisoner went to the house of Mr. Ridler,
the landlord of the. Duke of York, in Vincent-square,
Westminster, tendering in payment for some liquor a nee,
apparently of the bank of England, for 51., and Mr. Ridler,
knowing that the prisoner lived in the neighbourhood,
asked him to put his name upon it, and then gave him the
change. This note was afterwards discovered to be a for-
gery, and on the prisoner being questioned by Mr. Ridler, he
at ant said he Oinked it from a man with whom he had
worked at Cheater, and afterwards that he got the note
from a person whom he named, and offered to go and find
that person, promising to return at 5 o'clock in the evening
The prisoner was *Mowed to go, but did not return ; and it
would appear that he left the neighbourhood where he had
been residing, and was not taken into custody until some
time afterwards, end on his being told by the constable that
he was chanced with passing a forged note, he said that he
had received the note from a person at Chester, and afros.-
wards thatsome one inWevm niter had given it to him. The
principal evidence to show the prisoner's guilty knowledge
upon the occasion when be uttered the note, consisted of
sang expressions made use of by him before and after his
apprehension. It appeared that very soon after the note bad
been given to Mr. Miller, the prisoner was heard to say to
one of his companion in a public-house, that he had " copt"
a " Aver," which was interpreted to mean that he had get
rid of a forged 54 note. It likewise appeared that on the
day of the last examination of the prisoner at the police-court
he was overheard to make use of similar slang expressions
to another primmer, and thathe also raid he expected he should
be " turned up" (discharged) or else " fully'd erected
for
trial.) Evidence wag also adduced to show that on the 9th
Dec., !Ave days before the other transaction, the printner
went to the shop of Mr. Pointer, a meat salesmen in Aid-
gate, and purchased three legs of pork, paying for them
with a 101. note, for which he received change, and which
note also turned out to be a forgery.
Mr. Ballantine addressed the jury for the prisoner, and
called witnesses with a view to show that on the day when
the 101. note was alleged to have been uttered, the prisoner
was on his way from Chester, and that he did not arrive in
London until the evening of that day. The evidence, how-
. ever, was very far from beag satisfactory upon the point.
i The jury returned a verdict of Guilty. Sentence was
deferred.

NEW COURT.—Yzeraunhu.
Before the Recorder.
ROBBING lIPHOLSTEBERIL—R. S. Chereer, 24, porter ;
T. Armed, 67, labourir ; 7'. Armen; the younger, aged 23 ;
were indicted—Chester for stealing 54 yards of damask and
other property, valued at upwards of 501., the property of
Thomas Charles Drum and another, and the other prisoners
for receiving the same, knowing it to have been stolen. In
this ems, width will be fresh in the memory of the readers of
the yolk* report, the winner Chester, who pleaded guilty,
bad been s porter in the employ of the prosecutors, who are
upholsterers, of Regent-street ; and the property stolen by
him had been sold, through the agency of the other prisoners,
to Kr. Jackson, of Shoreditah, and Mr. Hewitson, of Tot-
teasheaacwort-reed, upholsterer, at lege than ea* third its
vele& The guilty knowledge being clearly brought home
to the two Armente, who us teth
er and son, the jury con-
victed them ; and all ths prison were sentenced to 10
years' transportation.

MIDDLESEX SESSlONS.—Yarransktr.
Defers Mr. Soling Adana.
Tao CASINO4.—The grand jury brought in tau* bills
against Marks Waif, Richard l'ridosore, Thomas Oltleo,
and George Beautify, for keeping as a disorderly hones the
Salle de Valentino ar Walhalla, in Leioester-s.quare, and
against &sae Laurent and James Ellis for a late offence
with regard to " Leurent's Csaino," in the Lowther Arcade.
Mr. Sleigh applied to the mat on behalf of the prosecu-
tor Stowell to grant warrants for the apprehension of the
parties against whom the bills bad been retarned.
Mr. Salient Adams said that before he allowed the
warrants to be issued, he shoull require the prosecutor to
eater into his own rectguisance in the sum of 1001. to pre-
treat" with effect, and as regarded the defendants be
should require them to enter into their recognisaeoss In 201.
each to appear for trial, without notice of bail. This he hoped
would have the offset of checking to some extent the prac-
tices laically punned towards deendants w hen notice of
bail was required. The applicatiofn for the warrants was
granted.
P OLICE.—YEsTzRDAT.

MANSION ROCS& C sultan or "'mom. R.
lbws was charged with haying for id a cheque for 501.
eoliths banking house of Barclay, Nrvan, fisher, mi Co.
Kr. H for the proomution slated that the primmer
W hie* two letters, in order to east the utterance of the
Owl Illbsoph and that his handwritAne in ell the do :s-
-al.. was hi be proved. The prisoner had been in the
habit ed edges letters he money he the person whose
sem temted on the mac, who, however, away* signed
emir Itheeelt —H. B. Mead Mated the* is October
lest he matey is the banking-houee abevenmeatioaed,
that he beau lathe habit of writing lenses te AM lan
snitmer le lin feces time to dew and that the
gehmesefriall mhos he was asquainted, bog wrigua pays
ea Si at his request, and that he hid himself
sigma Mere two letters and a cheque for 501, by

~~—T: is

amen*. of which the money was obteload. ware produc d
and examined by the witoess, and declared by him to be in
the prisoner's handwriting.) Witless, had never given him
authority to writs any one of thou.—The prisoner wss re-
manded fora week.
GUlLDHALL.—Bausvor.inecx—Mr. Aldermen Moon
acknowledged the receipt of 21.2 e. frau " B. M.," and 164.
from the jury of the Secondaries Court, in aid of the funds
of the poor box.
WORSHIP-STREET—BmenvoLvccE.—The masistrefe
announced Ms receipt of a letter incicsirg a donation of 451.
he the poor-box, from "H. W.," who requested an sc.
knowledEuEst is the Erprus.
liAbtxxußONß..-- AN OIMBOII CONDUCTOR.
Carroll, an omnibus conductor, was charged with having
eounterfeit coin in his • . That morning the prisoner
was found drank and neapable of taking care of himself, and
was conveyed to the station-hones. He was there searched,
and In his pmession were found a sovereign and • half and
wane silver, as also ten counterfeit sixpences. The prisoner,
is defame, slid he picked up the sixpences, which were
wrapped up in paper, near the Greenwich Railway station.
He was remanded till Thursday, when the Mint solicitor
will be present.