The Express.
London, England, 1851-05-09 00:00:00

THE EXPRESS, FRIDAY EVENING, NAY 9,185 L

Lab) Intelligence.

HOUSE OF LORDS.—YENTERDAT.
Pamawrt Ten trio Caseemses, an emu Pees.
10111 EDWARD OZILS O. MIS. Funrn Gutu, tits
WIFIL—COMPZTINCT or APPIAL.
This was an appeal against interlocutors of the Court of
Semi= in liestlend, to the competency of which the re-
spondent, Mn. Gals, raised a preliminary objection. It
appeared that she obtained, in 1848, a sentence of separation
I musk et there against the appellant, for adultery, in the
Endedutiod Court, in Deeton'-commons. She afterwards
brought an action in the Scotch courts against him for an
absolute divorce, for the sense cause. He put in defences
to the action, alleging that Mrs. Geils was an English
woman, and was domiciled in London at the date of their
, which was solemnised in England according to
the Tulles of the Church of England, and therefore the
Court of fission had no jurisdiction to entertain the pre-
sent action. He, by way of further defence, alleged that
the acts of adultery which were charged in this suit,
were the same 'for which Mrs. Geils obtained the
sentence of separation in the English Ecclesiastical Court,
and that therefore she was barred from maintaining tho
present action. In other pleas, by way of defence, Mr.
(leas alleged vmueness and uncertainty in the acts of
adultery charged against him in the action, and delay,
Itches, and condonation by the wife; and on all these
grounds he claimed to be dismissed from the action. No
record was made up, all the defendant', pleas, except
the last, being considered of the nature of dilatory pleas.
They were overruled by the Lord Ordinary, whose decision
was confirmed by the lords of the first division on appeal,
and with costs. These interlocutors of the court below
being brought under appeal to this house by Mr. Geils, the
wife took, by petition to the house, this preliminary objec-
tion, which was now argued by Mr. Anderson for Mr.
(leas, and the Lord Advocate (Mr. Monerieff) for the wife.
The Lord Chancellor, after stating the nature of the ac-
tion and the pleas as abovo stated, said he was clearly of
opinion that the interlocutors became tho subject of appeal
to that house under the Scotch Judicature Acts, 46 Geo.
111., e. 151, and 6 Geo. IV., c. 120.
[As the facts will be stated when the appeal comes to be
beard, we have abstained from stating them at present. The
counsel would not enter into them further than was neces-
sary for the present purpose.]

EQUITY COURTS.—YESTERDAT.
Bascom Vics.ensistmtssa Lamm Hams.
IN as ERE OVNDLI UNION BREWERY C .as
PARTE CROITON.—WINDING-VP ACTS.
Mr. James Parker and Mr. Hislop Clarke stated that the
terms of the issue which had been directed in this case had
been settled between the parties; that the official manager
should be the defendant, and that Mr. Croxton should be
the plaintiff—claiming money paid to the company's use,
the trial to take place at the next assizes for Surrey.
Mr. Bacon and Mr. Roxburgh, for the official manager,
consented to the issue in these terms.

Small Loan Caunrown, Ticanoteriioa.
BLIND SCHOOL O. GOTZN.—PRACTICE.—MOTION TO OD.

TAIN MONET OCT OF COCRT RETCSTD:

In this ease a sum of 601. had been paid into court in
pursuance of the Master's report to the separate use of an
infant, who was entitled to the money upon attaining the
age of 21. The infant bad now attained 21, and
Mr. Reach applied upon motion that the 60'. might be
paid out of court to the person who was entitled.
Lord Cranworth said this order could only be made upon
petition, and not upon motion.
Mr. liasch submitted that the sum was so small that it
was very desirable to have the money paid out with the
least possible expense. To obtain the order upon motion
would cost 71 18s. 6d., and upon petition it would cost
131. 3s. This difference was of great consequence to the
parties, who were in humble life.
Lord Cranworth said he was aware that such orders had,
in two or three instances, been made upon motion, but the
judges who made them did so ad misericordiam, and knew
they were doing wrong. lie did not like to make a prece-
dent in such a case, though he was sorry that the parties
would have increased expenses to pay. The order mast be
made upon petition.

COURT OF QUEEN'S BENCH-YESTERDAY.

THB POLICE • COURTS.
MANSION HOUSE • - •

Edmund Wood, 18 years of age, was brought before Al-
derman Hunter charged with having stolen valuable books,
the property of Mr. Preston, a gentleman who keeps chant-
ben in Tokenhouse-yard.
Mr. John Preston said, I have been in the law, but have
retired from business, and I still have chambers at No. 12,
Tokenhouse-yard, on the second story and attics. I have
there amongst other things a library which contained the
Statutes at Large, bound in calf. I have missed five volumes
of the Statutes. They are not consecutive volumes, but I
consider them as of the value of about 101. They cost me
from 21. 10s. to 31. a volume. I have seen the prisoner be-
fore. He was a clerk in the office of Mr. Valiance who has
chambers in the same building.
James Brown, bookseller, of 3.5, High Holborn, said I
know the prisoner. I bought of him in the early part
of December last two parts of the Statutes at Large.
It was a little alter nine o'clock at night. He said he
had taken them to the Chancery-lane shops, but they
were shut up. He said ho wanted thirty shillings
for them. I said I thought that sum too much ; but as the
volumes happened to be of a late date (1849) I thought I
might buy them upon speculation, and I offered him 19s.
I asked him whether they were his own. lie said no ; It
was for his brother he offered them, and he said his brother
was Mr. W—, of Canonbury-road, Lower-road, Islington.
I think he brought to me on Christmas Eve, or about that
time, some volumes of Bacon's works and Home's Dis-
courses, which I sold about ten weeks or three months
. On the 30th of December he came to me and
ago
me four volumes of the Statutes at Large.
They were not uniformly bound. He said he brought
them from his brother. I told him it was foolish to separate
I the volumes from the set, and that as the volumes were odd
I volumes, they were useless to me ; that, in fact, I considered
I them as nothing more than waste paper to me. He then
said that his brother must have some money that night;
and he asked me to let him have 11. on them. I told him
they were no more than waste paper to me, and I could Let
him have only a few shillings. He then said, let me have
10 shillings upon the 4 volumes and I did. Ile asked me
whether I would go to see the ;est of the volumes at his
brother's house in Canonbury-road, and I consented, but he
did not keep his appointment. I waited 4or L weeks, but
I heard no more of it, and did not see him, and I thought
his brother did not wish to part with any of the other
volumes. I then ticketed the 4 volumes and placed them in
my window, and I sold them fur 12 shillings.
Alderman Hunter—Do you know is whom you sold them?
Witness—No.

Alderman Hunter—Had you no suspicion about books of
such a description being presented by a youth like the
prisoner ?
Witness—No. I know nothing of law books. lam in
the miscellaneous trade.

Huggett, the officer who apprehended the prisoner, said
be had circulated cards, of which the following is a copy,
amongst the booksellers and stationers' and pawnbrokers,
and that he had left one at the shop of Mr. Brown, the last
witness :—" Stolen within the last three months, the under-
mentioned books. (Statutes at Large.) Volumes 14 and
15, from the 39th to the 43rd year of George 111. Vol. 22,
from GOth George 111., to 3rd George 11 . Vol. 29, from
2nd 6c 3rd Victoria, to 4th and sth Victoria. Vol. 33, from
11th and lath Victoria, to 12th and 13th Victoria. The
whole bound in calf, and quarto size."
Witness received from Mr. Valiance a letter directed to
Mr. Le Cron, by the prisoner.
Mr. Henry Wellington Valiance said, I am a solicitor,
carrying on business at No. 12, Tokenhowe-yard. My
offices aro on the first floor and ground floor. The prisoner
was a clerk in my office. The letter produced was given to
me by Mr. Le Crcn, who had been employed by Mr.l'res-
ton and myself, in painting the premises, and whose labour-
ers had been suspected, which caused Mr. Le Cren to make
inquiries respecting the loss of Mr. Preston's books. The
letter produced is in the handwriting of the prisoner, aul
is as follows :

"14, Greville-street, Brookes-street, llolbom.— Sir,—
The five books lost by Mr. Preston were left by me with
Mr. Brown, bookseller, Holborn, nearly opposite Chancery-
lane, a day or two before Christmas-day, fur the sum of ten
shillings, which he lent me on them until I brought hint
the intermediate numbers, when he was to have bought
them of me ; but I have not been there since that day.
The name in which I left them was " Wright," of Canon-
bury-place, Islington. Ittre Mr. Preston will forgive me,
as it cannot do him any ; and ho will only he incur•
ring additional expense y prosecuting me for the theft. If
Mr. Preston does forgive me I intend enlisting in the East
India Company's service, that being the only thing I can
now do fur a living, for I cannot get any
situation without a character. I hope you will
see him, and speak to him to that effect ; and
if you will be so kind as to write me an answer
as soon as possible, I shall ever be grateful, and never
forget your kindness.—l am, sir, yours, Ale., ELM,. H.
WuJD.—Mr. Le Cron.

I'.S.—lf you write, please address the letter to me at
the above address."
Haggett produced a pocket book which be had found in
the possession of the prisoner. In it were notices of money
betted on races and bagatelle playing, and very liberally
distributed amongst acquaintances.
It was stated that the prisoner had been plundering his
piaster not only of books, but of money, during the time
he was occupied in robbing the premises of Mr. Preston.
Alderman Hunter—This is a mutt flagrant ease, and I
consider that it is most necessary that it should go fur full
investigation before another tribunal. I do not wish to
excite any prejudice against any party, but I trust that a
very strict inquiry will be made into the disposal of the
property; and 1 hope too that the valuable books which
have been sold will be returned to the gentleman who has
been plundered, and to'whont, as he is in possession of the
rest of the Statutes, they must be of great price. If a gen-
tleman has purchased them I am sure that this public inti-
mation will be attended to.
Huggett—The prisoner told me that Mr. Brown, the
witness, had had all the books he had taken.
Alderman Hunter—Did he say that without having been
cautioned by you ?
Huggett-1 cautioned him as to what he might say be-
fore he said so.

Mr. Brown—l never saw the card which has been handed
in containing the notice of the stolen property.
Alderman Hunter (to Mr. Brown)—Did it ever occur to
you to inquire at Canonbury-road about the gentleman
whom the prisoner called hi, brother betnre you purchased
the odd volumes of such a work?
Mr. Brown—No; I did nut think the volumes of any
value.

The prisoner, upon being asked whether be wished to
say anything, said, .‘ No, sir, I have nothing to
Committed for trial at the Central Criminal Court.