The Express.
London, England, 1851-06-12 00:00:00

applied for.

COURT OF QUE&N'S BERM—YESTERDAY.
&mon Illanl.-AIIZI.III Lou CAMPIIIILL, M. JOWICII Pins.

soli: Illa:Jorniiiiirsanek aa;111a. lcerica Los.
HOLLOWAY Y. Till QUOIN. _

This was a writ of error upon an indictment tried at the
Warwickshire sessions, which charged the plaintiff in error,
who was one of the turnkeys of Coventry gaol, with having
aided and abetted one Robin Thomson in escaping from
that gaol. The offence was charged under the 4 (leo. IV.,
c. St, by which any person assisting • prisoner in escaping,
or attempting to escape, from prison, whether an escape be
actually effected or not, is made guilty of felony. The pre-
sent indictment charged that Thomson meditated as
escape
and enlargement from the said prima, otherwise thsi
due course of law, and in order thereto had procured a key
to be made, and hail caused overtures to be made to the
plaintiff in error to assist him in escaping, and so was en-
deavouring to escape; and that the plaintiff in error not re-
garding his duty, feloniously and designedly did procure
and receive the said key, &c. The jury found Holloway
guilty, and the Court of Quarter Sessions sentenced him to
14 years' transportation.
Mr. Flood, on behalf of the plaintiff in error, now con-
tended that the indictment was bad upon several grounds,
but relied principally upon the insufficient manner to which
the means of effecting the escape were let out in the in-
dictment, and contended that all the counts were bad; but
that even if any were good, the judgment was not war-
ranted by those counts.
Mr. Mellor, who appeared on behalf of the crown, was
not called on.

Lord Campbell said that if there was one good count, the
indictment could be maintained ; and under the 11 and 12
Vie., c. 78, sec. b, if the court should reverse the judg-
ment, they might pronounce the proper judgment, or re-
mit the me to the court below to do what was right. In
Its case of "The Queen v. Bourne," this court had refused
to deliver the proper judgment, or to remit the case to the
court below for judgment, though there war but one judg-
ment which could legally be given. That case was taken
to the House of Lords, but the proceedings failed from the
court below having discharged the prisoner. The art of
parliament which he had referred to obviated the difileulty
which existed then, and gave • discretion to this court, who
would, it necessary, order judgmentto be arrested on the
bad counts, and pronounce • proper judgment on thel
good saw No such necessity, wever, arose here, for '
the palatiff in error had NUid to make out that
any of the waste were bad. He (Lord Campbell) did not
isSillet it aoleinry to set wit in the indictment the
MORO used te alit a primer Ewe fully than wee here
Las. The nee was esseadelly diarist from eases of
obtaining peas war flues pegerew sad the allegation
was precisely in &overawe wla the 111111111 of the Notate.
It stated that when Hallewer aided the wiener as lat-
ter was meditating andwegeellag his mem end It
that what Holloway di t was vie dm lONA is
him (the prisoner) to imp ; sad away It Wad MS
be argued that all that was dew hew hew done
innocently. The truth of these bog bees
affirmed by the verdict, and he saw se mesa la doubt
the sufficiency of the conviction.
The rest of the court couenrred.
Judgment for the crown.

BAIL COURT.—YINITERDAL
grrmose Ir B/111C0.—baross Ms. issnrs Wairrista.
Taz QUINN V. TUB INHABITANTS AND OTBSSISILS ON
BT. FAITN. HANTS.—MANDAMUS.

Mr. Watson, Q.C., applied for a mandamus to be betted
to the inhabitants and overseers of St. Faith, in Hampshre,
directing them to call a meeting in order to elect church-
wardens of St. Faith. It appeared that there bad been no
churchwardens of St. Faith sine* the year 1813, and that
the with of St. Faith was a rectory for the cure of souls,
lasi Ste rune party who held the office of Master of the
Morfilal of St. Cross, near Winchester, had always been fur
a beet thee past rector of St. Faith. Lord Uuildford was
Ms lot 'master of St. Cross, and was also rector of St. Faith.
go sow stated that the rectory of St. Faith had been
heneeft an appropriation given by Cardinal Beaufort " for
iosse of noble poverty," and that the hospital
gift Omen wee headed for the supprort of the master and
ils 411111.11111 BINIISOM . Subsequently the rectory of St.
rah was Meeppsupeiated, and had been ever since an
eedeehedeel beef oe. There had been no church fur
um, years, but there was • chapel of St. Cross, which hail
bees owed for baptisms, marriages. and burials. In the
year 1813, however, the Bishop of Winchester decided that
it was not a chapel in which manages ought to be eele-
bested, and since that time they had not been solemnised
there. The burial ground had, as we understood, of late
years been used for agricultural purposes. The party on
whose behalf the present application was made stated that
he was a rated inhabitant of the parish of St. Faith, and
that it was necessary for the appropriation of the 'Parish
property that churchwardens should be elected. He bad
applied to the overseers, who declined to act in the matter.
The hospital of St. Cross had been founded by Henry de
Blois in the year 1131.
The court granted a rule Wei.

COURT OF BANKRUPTCY.—TESTEIWAT.
Berme llla. OJNIUMMOXiII rOMILUMeIe
IN ax Cox.
This was an adjourned last examination meeting in the
case of William Cox, stock and share broker, of Throgenor-
ton-street. The balenee-sheet, prepared by Messrs. Hutton,
of Bucklersbury, extends from the 16th of April, 1849, to
the 4th of April last, and contains some considerable items.
To unsecured creditors, 6,7491; to thoec holding security,
11,8161. ; luhilitiee, 5,3901. ; profits, 1,7611. ; surplus at the
siewmasseensent of the account, 3,3371.; received in respeet
ef the late Irta, W. sad H. P. Cox, 7,8901. al=
&bun, 2/.10..3d.; property, 1001. ; ditto, held by
6,4001. ; liabilities, 6,3901. ; trade expenses, 1,4711.; has..
and personal ditto, 1,4751.; other expenses, 6591.; lowa.
1,2881. ; paid in respect of the late firm, 20,1.571.
Mr. Graham, the official assignee, reported that the bank-
rupt had been in partnership with his am up to 1849. The
bankrupt's account with the firm w as giereay
liA drawn about 2.0001.; but he kept up Olden es Ms
to the amount of 19,0001., whiela with odor
replay be poteneed, would have hdt his Wets
elesiderebly more the, Went bad be Med, 5.4 do
rah of ha balsam &larded his a aellideet selmeamee
middle rived. His, ma, to wham the mem Mho past
the lemisees had his. tedt, rad wires ememe via Oho
Atm had aways pmeimelly bed etveral Ilmmede eseet
atheism& lba, as the fled of Mink Its, the/ le led
lime the Meet el UNA. by ersaidelime ea Ide laiE
Tibia eta Nit, eel yeti la bras with hub sad mend
ties bawled le the ipnawdlifp, lea-1, bytes%