The Express.
London, England, 1851-01-21 00:00:00

THE EXPRESS, TUESDAY EVENING, JANUARY 21, 1851.

feisty been required to be adopted in affidavits apes which
iuggestione were granted to deprive plaintiffs of cede, in
which it was held to be necessary to negative the feet of
el, UCH of the parties holing an officer of the tout. " Meets° v.
Nicholls" (17 Law Jour. Com. p. 212). and numerous other
cam. He then einteaded that there wee no evidence before
the court that the defeadant was bich bailiff, or that the set
was done under colour of that office, and that the proper
eosin would have been foe the def.= .01 te have moved to
take a toggled= (this action having been eemeniteed before
the lest art, by which suggestions were rendered =men-
ear7), and the plaintiff would then have had the means of
bringing theme facts before ajary if necemary.
Mr. Justice Brie—The substantial point here Is whether
the Master was right in the construed= he put upon the
act when he refossii to allow the plaintiff his oasts; it is set
disputed by plaintiff that he is within the 139.1 t section, but
be claims his; =eta eider the 128th. I think the Master
was right, and I do not ne any inconsistency In
the two sections. It the defendant is an officer of
the court, then the act gives a encurrent jurisdiction
except there be a claim for goods taken in execution. It
canaet be contended that this was not an action for glade,
This is an spinal from the view of the law taken by the
Mester, and I thick he was right, and therefore the rule
mast be discharged. But then it is said that the proper
course for the defendant to have taken would have been to
I have applied to enter a suggestion on the rolls, and as at
present advised, that seems to on to be a good point. That
question, however, does not appear to have been raned before
t the Muter, and if Mr. Pears= thinks his client would gain
anythiog by availing hinted( of the want of a sus patios, he
. must take some other means tobeing that question forward.
I —Buie discharged without costs.

THE POLICE COURTS.
MANSION HOUSE.
Parnemuse Yoroosts —Herman Droker, a wretched
looking Oeneso, and John Clarkson, as wretched looking
an Englishmen, were brought before the Lord Mayor,
°barged with having defrauded Captain &mock
Lon, of the
War twitch steam yodel, trading between Hull and don,
of the passage money.
Tee captain said he had arrived from Hull yesterday
swift at 8 o'cleek, with a number of passengers, amongst
whim were the prisoners. 1.7;i0n the arrival of the vessel at
Lemke-bridge they proved to be defaulter,. The Englieb-
man said be expected his brother from Woolwich would
meet him at the lending plane provided with the notary
rands; and the German seemed to mist to his ignorance of
the English language as a security from any charge. The
witness wu, however, responsible for the ameuat of five
shillings for every head, native and foreign, and accordingly
transferred the penniless traveller to the station house.
The Lord Mayor—How could you allow two such persons
to enter your vessel without paying the amount of the faro
at the moment?
Witness—When we left Hull it was dark, and there is
always confusion on board at the time of the departure of a
nun arising from the sudden separation of frieads and
acquaintances. The two prisoners were not observed until
we were on our way on that account; but as for the ahabbi-
nese of their spp , al persons who are much more
shabby pay the it fare and land in London in a comparatively
tattered condition.
The Lord Mayor—The captains of steamers ought to be
particularly cautious as to the customers they bring to us.
At all events they should take care that their passengers
should be able to pay their passage, otherwise we shall be
OT•liirbelluted with people of thisdenription, who will either
crowd our poor houses or Increase the number of depredators.
The witness said the difficulty of ascertaining who were or
who were not passengers at the moment before starting was
verillgdate.r and
.el,le cifweas.very .
on
slious to know what he was
to du
The Lord Mayer—l would advise yea to take back every
person who is unable or unwilling to pay. When that rule
is known, you will have no adventurer of this kind.
The Witness—l wish I were permitted to take these two
porno back, bull fear as I placed them in the hands of the
police I cannot do any thing of the kind.
The Lord Mayor —I shall relieve you from that embarrass-
ment by striding them to prison for 21 days in default of
their payment of the fare, but you must look to all your
future pacsengen. We shall require all the co-operation
you can render us henceforward, as the visits to Landon
from all parte will soon be almost innumerable.
The prisoners ware then committed for 21 stays.
IMFANT PICKPOCLISTB.—DanieI Smith, John Walton,
and Bedard Haines, two of whom were under 9 and one
wider 11 years of age, were brought up charged with having
attempted to pick pockets.
The three wretched children had been followed by a lad,
who, to his surprise, saw one of them introduce a piece of
stick into the pocket of a gentlemen, open the pocket, and
upon looking in and ascertaining that it coatained no-
thing, push the stick into the pocket of another castomer,
while the two others followed closely in readiness to receive
whatever lackahould turn up.
The smallest of the boys said, "Don't you believe a word
be says, my lord. lI'S all nothing but out and out Bea"
The Lord Mayor—What did you carry that stick for?
Boy—What for? Why, to keep away say boys that might
want to wink me, to be sure ?
The other prism:era said their accuser wee a regular liar,
and no mistake, and he would nap it some day for what he
sail against lumina% people.
The polio said the children were so din' inutive that
nobody bat an experienced person would suppose they wire
thieves. The borough, however, where the children hoed,
was crowded with little creatures who were regularly brought
up to the business of alternately begging and robbing.
The eldest of the boys said he had neither father nor
mother, but he lived with a woman in Mint.street, to whom
he paid a penny a night for his bed, and he grubbed about
for his victuals in the day.
The Lord Mayor—l shall cause inquiries to be made about'
you, and send you to the Heine of Occupation.
134—llocit do that. If you let me go you shan't have
me any more I'll promise you.
The Lord Mayor—No. You shall have some protection.
As for the other two, they shall be whipped in the presence
of their parents, who are here, and discharged.
BOWBTREET.
GROSS OCITISAOR AND ATTSSISTED ROBBSRY.—Patrick
Bryon, Anne Sullivan, and Anne Wild, were cosseted with
committing a violent Ketonic on O. Hardy, waiter at the
White Horse, Long-sere.
Prosecutor stated that on Sunday night, just as the house
was closing, the prisoners, with teals-a-dozen others, came
in and called for a pot of porter. It was served to them, the
landlord requesting them to leave as soon as convenient, on
account of the lateness of the Lour. The party asked to be
obliged with more, promising not to remain two minutes.
Whilst the party were candies the landlord missed a pot,
which deponent saw the male prisoner attempt to secrete.
rceiving that he was watched, Bryan went into the
parlour and got rid of the snide by placing it under the
table. He then commenced abusing the waiter, and, *tieing
him by the hair of his head, dragged him out into the
street, while his companions beat him. Sull.van and Wild
kicked prosecutor, whits he was held on the gre.uud by the
male prisoner, and in the fray prosecutor's new hat was
stolen.
A 610 corroborated the latter part of prosecutor's state-
ment; when be came up prosecutor was being kicked and
beaten in the gutter by Inc prisoner.
Mr. 11 ill fined Bryan V. end the female primers 30s.
each. Bryan's fine was immediately paid; the two girls
were committed to onion.
DOBBISKY FROM A SOLICITOR'S STRONG ROOK —Mary
Ants. Llutelaings was charged with being concerned in a
rdobery of plate from toe of of Messrs. Campbell and
Witty, 21, lisod-street, Strand.
Mr. H. Campbell stated that some time ego the plate in
question was placed in Lis care be a Mr. Lovell, its owner,
and witness for security r, questod of hie brother that it
might be deposited in the grog room of Campbell and
Witty. It had so remained since March, 1850. A policeman
galled upon him a few days ago with information which
induced him to go clown to Essex street and inspect the
plate. He found the box in which the artistes had been
left; a tape and seal originally placed on the lot bad been
removed, and the lock itself had been strained. He missed
from the box 2 tea spoons, 1 pair of sugar tongs' II dessert
forks, 9 dessert spoons, all of silver, 1 diamond pin, and
another of opal. He had retained exclusive possession of
the key.
Mr. T. C. Campbell, brother of last witness, confirmed the
preceding evidence.
Brown, a detective officer, said he apprehended the pri-
soner on Saturday night, informing her of the charge as
above stated. She then volunteered to tell him all she
knew about the missies articles, awl inked him to come to
her lodgings. She said she had pledged the plate with
various pawnbrokers for a mow named Hargreaves, who had
been a clink to Messrs. Campbell and Witty, and was; then
In Whitecross-street prison for debt. Witness searched the
rooms and found among other duplicates one for a diamond
pin pledged in the name of Hargreaves for 3/. The prisoner
told him that one of the pawnbrokers had cautioned her to
take care, for the officers had been inquiring for her.
Mr. Hall asked what was the name of the pawnbroker
who had given tt.is caution, and on being informed repre-
hended the act in strong terms.
' Prisoner stated in defence that she had readily and
without suspicion pledged the goods at Harg ' request,
' that person having told her that they were the prop sty of
one of his friends, who had immediate and urgent need of
their value in money.
Mr. Hall remanded the ease for a week.
WORSHIP-STREET.
DASTARDLY ASSAVLT.—DanieI Burke was charged with
assaulting Caroline Williams, a single woman.
' Ptomain: stated that she was a servant out of place, and
lodging with prisoner's sister, in George street, Spitalfields.
On Sunday night, while having tea with that person,
prisoner entered the room, and, without provocation struck
her on the head and body, swearing that he would have her
life. His slater ran from the house and sent the police, or,
she was assured, he would have accomplished his threat.
Samuel Greer, a police constable' deposed to being called
off his beat by a female, who told him a woman was long
murdered in George street. On repairing there he saw the
prosecutrix, who appeared to have been such ill used, blood
flowing from tier bead and mouth. Prisoner was present
and denied the charge.
Prosecntrix—lie has sworn to have his sister's life as well
as mine. She promised to attend, but 1 thiak she is
frigh'ened.
Mr. Arnold said a most cruel assault bad been committed
on the young woman ; and ordered th prettier, who Hotly
denied the assault, to pay a floe of 41. or six weeks' isnori-
segment.