The Express.
London, England, 1848-07-31 00:00:00

THE EXPRESS, MONDAY EVENING, JULY 31, 1848.

fits of her supremacy at Her Majesty's Theatre, the produc-
tion et operas of a higher order than this and several others
in which she has choeen to appear. la her performance of
the part of Elvin' Mdlle. Lind displayed many of her cha
racteristle excellencies and beauties. Anything sheconsum does
must be marked by genius, fee ling, and te
meal art ; but we do not think that this character
' will add to her English laurels. As* dramatic ;personation
it was in no respect superior to the beautiful performance of
Grisi; as a display of vocal power it was decidedly inferior.
GriM is the Elvirn of the stage; she has made the character
her own, and identitkd herself with it. Anyone else,
appearing under a different aspect—with other features, an-
other form, and another • voice—muat be looked upon as
her.
a
stranger assuming a part which does not belong to
I his, at all events, is the case in France as well as England ;
and the impression w:nlel operate to the disadvantage of an
equal, or even a superior performer, supposing that such a
performer were to appear. But Grisi's versatile talents
have enabled her to represent this character with a
softness, tenderness, and truth, that even Jenny
Linn (who': forte is Fullness and tenderness) cannot
surpass; and all Jenny Lind's exqiiisitely finished elocution
failed to give the music the charm derived from the rich
volume, the sallow fullness of Grisi's voice—qualities in
which it remains unrivalled. But Wile. Lind's acting, as
well as singing, was full of charming things. It was in the
highest degree delicate and refined, and marked by number-
less minute and evanescent traits of nature and feeling. In
the first scene she Retie a beautiful picture of filial tontines*
mingling with Elrirei joyful rectaexion of her
arrival. The famous polaoca, "So rgin vrzzosa," was
nicely sung, but without the buoyancy 'of spirit thrown into
it by Grisi. The happiest effort was the final sene, in
which Eteira's return ti reason and to the sense of ha pi
nest was represented with the utmost truth and pathos,
while the audience were thrillid by some of those " dying
falls" to which Jenny Lind gives such inimitable truth and
beauty. She was applauded throughout with great warmth,
but nut with the uncontrollable excitement we have wit-
'lined on other occasions. The other characters were sus-
! tinned by Lablache, Cubed, and Gordon'.

NAVAL.
PORTSMOUTH, JULY 30.—The Fox, 42,Cont. SIT A. Black •
wood, o one into harbour yesterday to be paid att.—Llewellyn. at..
pk., came In here 1 Clltrl d ty, and sailed ugtin for Cork with rockets.
Orders have been homed to the Coast Guard for every Motion be-
tween Sheerneee and Plymouth to rend up to Portsmouth the two junior
men of the stations for service wt hoard the Victory, which ship win
Ow receive about 350 means lieu of °there away on special
amt,
All number of the men joi the Victory on Vriday.--Dregen, at.,
will go to Spithead this eveiang or to-morrow morning, and remain
ready to start et a tnement'a notice. The gri titer portion of the Coast
(Ward men sill proceed by the Dragon to Ireland, having been em-
barked this day for that porpoise.— Fire Queen, st.-yucht, in returning
from thiberne yoitetilay evening broke down, and was to
harbour by one of the Hyde packets.
DEVON PORT, JULY 22.—A0Orn, 12, Corn. Bingham,
arrived yesterday from the FAA Indies, and sailed sgMn shortly after
for (Lath an to be paid eft Cyclops and Itriver come
in from Portsmouth thbi morning, and are embarking the 3Atli rest.
front the Vi,luniling.yaril Wharf. Moth ve-aels have the attain up,
end will poaced foe Ireland the niument the tr ape end b.lictrgii are
on b mril.—llairiciire tender, with the dernlimeat of tee 55th flora
Prodennis C.otle, had not arrived when the At:1111CM left.
A iott HALT Y, J %IL? 29.--APPOINTStaNia. iloatewaing
G. Tayler, Poicitera; E- Birch, Crocodile T. WIIIIme. (0), Poietirm ; •
J. Coachman, Grampus ; J. Hide, Ylialiiiiiiscar ; J. Colyer, Ihugon—
all advents.' to first
clara—W. IMAM, Llustriona; W. (lecke, Her-
cules; C. Clarke, Illustriewi; C. Anderson, Ifelleinie; W. I:minor,
Illudrious ; I'. Tucker Iteeistunce ; W. 1.1.0 n, Vernon; R. SCRin-
nun, Ocean; 11. Dick, Agincourt; J. Copploatone, Ocean; A. Odgera,
Hecate ; J. Natick, Rattler ; J. Chen, Harlequin ; ht. Newby, Fos;
G. flange, Gorgon; J. Lock, Polyphemus—all advanced to amend
clam. —.---

MILITARY.
CASUALTIES BY DEATH IN THE ARMIES OP INDIA,
repotted since the departure of the mail on the .70th May Cap.. C.
Molke, ilth yam, at Poonah, on the •Atil May; Capt. E. Cormith.
Favniaster 3rd Drag...Me, lit 1:1111411P. en the 19th May; Capt. Stew
Glet Font, at Mirrapote, on the loth May; Capt. ()airtime, 32,111
Foot, PP route from klia•rut to Errozepore, date not stated : Lieut.W.
A. .tnderson, let European Fusiliers, at Moulton, on the 20th April: I
Lie Gen. C. T. G. Ilethop, ut Madra•i„ on the Ilth May; Capt. 11. A. •
O. Corte, '2.ml Native Veteran Battalioon, at Cuildalore, on the Gilt
May; Lieut. R. J. Clack, Slit feat, at the Cape, on the 29th Dec.,
1 1147; CapL C. C. Pennington, Huh regt., at Banally, on the lath
May,. Lieut. C. Alexander, heth rept.. onboard the ehit! Ellenborough,
hie 'forage to the Cope, on the 20th Jan. • Brevets. 'PPP V. Trim-
mer, and Lieut. J. (7.1/. Gordon, 50th reato'd des not stated ; Lieut.
F. E. Vibart, sth Cavalry, at Meetut, on the 4th June; Lieut. C. 11.
Bloondarld, 59th mgt., at Lapin:ma, on the LIM May.

MEDICAL.
Ilstvenstve Cota.gog,—Tbs professorship of surgery at
this institution, vaunt by the refignstion of Professor :Wane, and
recently held by Mr. Ligon,
bar Is en conferred on Mr. J. M. Amon,
PALS., surgeon to the Middle/tea llospitaL
ROYAL COLLEGE OF Suaueons.—The following gentle-
men having undergone the necessary examinations for the diploma,
wens admitted members of the college at the nutting of the court ot
ex:Mint/8 on the 2atb int.:—Morns. F. Deane,
London J. P.
Smith, Chelsea; W. 11.0binpon, Clan shead ; 11. Coleman, Dover ;
D. Tbonuis, tine
of Lass stets/lire ;W. C. batched, Menisci,
Isle of vol ght ; T. Alcoek, Wtockpurt, Clushire; E. Sewell, Little
Oakley Hull, brew ;S. T. Uwynu, %rem, usiop; and 31. Dustin&
LiverpouL
APOTHF.CARIES' HILLL.—NIMeI Of gentlemen who passed
their exaMillation in the neitliee and practice of inedmille. and
received certificates to practise, on Thurnlay, July --J. Dien,
Austle, Cornwall; W. Uavie, St. George'intoun, Salop; J.l;.
Thompson, Maby's, Cornwall; C. Smith, WeyhiU, Haute L
Truttltt, Bur wood-place, Ilydespark.

gab) Intelligence.

EQUITY COURTS.
Before the Lord Chancellor.
THE GOVIIRNORS Ov CHIGAT'a 1:10,1tITAL V. GRAINGER
♦SU OTIIM3.—CtIARITY. rr OVER ON NEOLECE—T his
wee an appeal from a deer, a sat the Vice-Chancellor of Eng-
land, declaring that a le quest to the corporation of Reeding
in theear 1624 for charitable purposes had, unr limita-
tines in the will of the donor, panned to the governors ot
Christ's Hospital in London, on neglect by the Itcading
trustees of administering the charity according to the direc-
tions ot the donor. The question arose in this way John
Kenrick, by his will dated in 1021, queathed to the corpo-
ration ot Reading a su of 7,5001. upon trust, to purchase
land to the value of firma year, which sum, after the death
of his sister, was to be distributed among the pour of Reading
in the manner prescribed by the will; and if the corporation
omitted or neglected such distribution of the charity for one
whole year, then the funds were to he forfeited, and thence
torward paid to Christ's hospital. The testator, after
directing the purchase of ground and the building of a house
for the employment of the poor. directed that the residue of
the 7,5001. should make a common stock to be employed and
bestowed in the trade of clothing for the promotion of charity.
And in the event of the corporation neglecting to employ the
funds so given for the purpose mentioned during one )ear,
then there was to be a forfeiture of the whole to Chi ist's
Hospital. The corporation of Reading invested part of the
gilt in land, but in 16•;9 an information was filed against
them in the Court of Exchequer, and a decree was mode,
which directed that the whole fund should ho laid out in
land, and directions were given for the application of the
proceeds. The estate continued to he managed by the cor-
poration of Reading until 1837, when the delend
erathe
nt,
Grainger, was, with others, appointed trustees, wid
Municipal Corporations Act ; hut there bad been for a long
period an impre anion that the estates were not applied ac-
cording to tee directions of the testator, and some proceed-
ings were taken at the desire of the charity commissioners.
Tue governors t f Christ's Hospital then became aware of
their interest, and in 1842 they filed the present information,
charging that the charity bad not ben applied in the man-
ner directid by the testator's will, that the bequest had
never taken effect, and they prayed a Oeclaration that, un-
der existing circumstances, tort haying regard to the ME o-
dors of the testator, the mutt s purchased, with the beget at
and the accumulations (which are very considerable)' ought to
he applied to the here fl of their Tosniral. The Vie,
Chancellor, in January last, made a decree in
at accoe-
r-
dance with this prayer. The appeal against th fi
tree has been argued for the greater part of three days
by Mr. J. Stuart and Mr. .7. Parker in support of
the decree by the Solicitor General, Mr. Twin., and
Mr. 131un,, for the Attorney-General, it support of the ap-
iii7,l„inMgrirlulsettehesello(liweith
red aw.,homuormeesnt'atru.t Selwyn),
),,,,nfeour
itrt,trci
in that of the Solicitor-General, and then referred the Lied
Chancellor to a printed rep- rt of his arguments in the court
below.—Mr. Stuart, in reply, contended that the trustefs had
neglected to administer the charity according to the direc-
tion' in the founder's will, and that, therefore, the: orftet
ore
had taken place, and the limitation over to Christ's Hospital
ought to be carried into effect, and a conveyance execut, d by
the trustees. In answer to an objection on the other side,
he insisted that although the neglect and consequent for-
feitures happened many years ago, and at frequent interrals,
there was DO waiver or acquiesconee on the part of Christ's
Hospital. Ile relied on the expressed intentions of the tes-
tator, on the decree made in the Exchequer in 100, and on
the gehtsel rules applicable to charitable gifts. lie regretted
that the Attorney-General, who abstained from taking any
part in the cause in the court below, had now joined in the
appeal.—The Lord Chancellor said he should take time to
consider the case.

Before the Yboe-Chancellor of England.
SI graovE tr. CAILTEIL—INJUNCTION TO HESTRAIN NOB
DISPOSAL or A SHIP'S Caftoo.—The facts of this cast
have already been partly_ reported in the Express. It
appeared that there were t merchant firms, Weirs. Men-
love and Co., the plaintiffs, who carried on business at
Charleston in America, and Messrs. Iliggenson and Co.,
who carried a business at Liverpool. The Liver
pool firm assigned a cirgo of coal and salt to the
Charleston firm, which was laden in the ship Charlotte ; ,
the American firm was ',.0 return a cargo of cotton, and the
difference in value was to be paid by the Liverpool firm. The
difference amounted to upwards of 11,0001 wee billre bills
drownfor the amount and deposited,:together with ter
lading, in the bank of Charleston as security. Before the
return of the ship to England the Liverpool firm became
bankrupt, and the second defendant in this suit was ap-
pointed assignee. Tte bill of lading contained a direction
to deliver the cargo to the order
grante ed
an inj of th conignsorsunction oa. The
Vice-Chancellor, in February last,
behalf of the American firm to restrain the captain of the
ship. whose name was Carter, from delivering up the cargo
to the official assignee of the Liverpool firm, but gave liberty
for an action at law to be brought. The cargo had since
been tmnsf rred to the Liverpool Docks, and a motion
now made for wellilar injunction to restrain the ill&
company, as as the captain of the ship,
from parting with the cargo. It was contended,
in support of the motion, that tinder the terms
of the bill of lading, the consnees were directed
only to deliver the cargo to the orders f the consignon, and
Liverpool that the property bad never been vested in the
Liverpool firm. For the aarignees of the Liverpool firm it
was argued, that the cargo was vested in them the moment it
was embarked from America. A lien was claimed by the
Liverpool Dock Company, in respect of dues, dec.—Mr.
Bethell and Mr. Follett appeared in support of the motion,

=—..------------_
and Mr. !Olt and Mr. Roundel' Palmer for the defendentt.—
The Vice-Chancellor said, the case was now put Late MIMS
form as when he originally granted the injunction, with this
difference, that the actual custody of the cargo was transferred
from the captain of the ship to the Liverpool Dock Company.
It also appeared that a reference had been made to certain
common-law advisers, who could not agree to any proceed-
ings which would decide the question. His honour oonsi-
der, d r,dthat the alteration with respect to the custody of the
goods tended to make the iaterpositi.m of the court still more
desirable. lie should, therefore, grant the iojunctitai.

ASSIZE INTELLIGENCE.
ROME CIRCUIT.—MAIUSTONE, JULY 29.
The business of these suites has been singularly unin-
teresting, and altboueh the numb' r of cues, both in the
Crown Court and at Yud Prius, was larger than usual, very
few of them presented any feature of interest to the pubic.
Mr. Serjeant Dowling assisted Mr. Justice Coltman, on
Friday, in trying the prisoners, and this will tend materially
to gluten the bounces maize.
CROWN
MURDER OP A POhabeas from Sand wicLICE:MAN.—J. Coe andh
gaol, Well ill. G. COC, 'rho
were brought up on
stated for the wilful murder of Maurice Evans, police eon.
stable. The accused wears were, in the first instance, only
charged upon the coroner's inquisition with the offence cf
manslaughter, but Mr. Justice Coltman, upon reading the
depositions, having ascertained that the injury which was
alleged to have unt,ed the death of the deceased had been
inflicted upon him while in the execution of his die,' as a
constable, directed the grand jury, if the facts should be
proved, to find a bill for murder. The circumstances were
these between one and two o'clock in the morning of
the 21st June, the prisoners. who are seamen, sal
lied out from their ship, which was lying in Rams.
We harbour, in.° tho town upon a nocturnal ra-
ble. They were accompanied by another of themir
shipmates; and it appeared that when they got into tbe heart
of the town they commenced hallooing and making a great
disturbance. The deceased requeeted them to desist, but
they continued, and at length the officer endeavoured to take
J. Co. into custody, upon which he made a violent resist-
ance, and the officer was knocked down repeatedly, and
kick' d while upon the ground ; but uantance arriving the
two prisoners were taken into cuotody, and the tided mrn
ran away and has not since been heard of. At this titre: no
serious appreheusiors were et.tertained with regard to the
nature of the injuries received by the deceased, and as the
quarter sessions at Sandwich were then being held, the pri-
soners were at once committed for the assault, and were con-
victed and sentenced to three mouths' hard labour. Soon
afterwards the injuries upon the chine of the deceased as.
sumed a dangerous appearance, erysipelas supervt ned, which
was followed by fever, and on the 9th July the unfortunate
man died. According to the medical and eurgical testimony,
the shock to the system consequent upen the attack
made upon the deceased, had led the establishment of the
fever, and thus the death was connected with the injuries
originally received ; hue it was admitted that the immediate
canoe of that event was the effect created by typhus fever
upon the brain.—Mr. Clarkson, on behalf of th prisoner'',
urged that the death of the deceased was tote sufficiently
clearly established to have been the result of any set corn.
mitted by them, and that at all ?vents there was great doubt
upon that point, and consequently the pruners were entitl. d
to be acquitted.—The jury retuned a verdict of Not Guilty.

NORTHERN CIRCUIT.—Yons, Jets 27.
nefure Mr. Justice Erie.
CIIAIIOE AGAINST AN Arroneinv OP UTTERING FORGED
BANK NOTES.—QUESTION OP IDENTITT.—This trial lasted
nearly two days.— S.B.Holmes, an attorney, wee charged
with uttering, on the 7th of July, a forged 51. note of the
to
bank of Messrs. Beckett and Co., cat Leeds, with intent
defraud George Haigh.—Mr. Martin stated the case. A
person, between nine and ten o'clock, went to Ilaigh's shop
and purchase.: a smell quantity of to •, tendering in payment
a 51. note, for which he regaired change. Some delay cc-
eurred in procuring it, and the prisoner had to wait in tne
shop. Change being at last obtained, the man paid for the
tea as well as some hum, and then lett the chop. In the
count of the following Friday, it was found that the note was
a forgery. On this discovery being made, Mn. com-
municated the circumstance that had occurred to a person
named Metcalfe, who keeps a public house. giving to that
person a full des ription of the dram and personal appearance
of the individual who had paid her the tote. Whilst she
was making this communication, she obstrved a man in the
bar reading a newspaper. This person, on seeing Mrs.
Haigh, held up the newspaper, and thus prevented her
from seeing his countenance. After a short time he
left the house. Mrs. Haigh having every remelt
to suppose that this person was the man who had
paid In r the forged note, communicated with Mr. Reed,
chief constable, and, accompanied by him, went to the house
of a person named Baird, a railway guard. They there saw
the person and heard the voice of the prisoner, andshe had*rio
doubt whatever that he was the man who had paid her the
forged note—A witness, named Smith, mated that a man
paid a forged note for some articles of drapery, between four
and five o'clock on the same day.—Another witness, ram. d
Howard, said that the prisoner w, rat to her shop and bought
seine trifling articles, for which a forged note was tendered.—
A little girl of the name of Herten deposed that the prisoner
went to her mother's house and veiled for a glass of beer, in
pay meta for which he pulled out of his pocket a bag contain-
ing a number of notes, and banded one to her, but she
could not give change. She consequently got it fr.= a per-
son named Wadsworth. Tao p.uuov paid for his beer,
received change, and then left the house. This 51. note also
turned out to be a forgery.
JULY 28.—Mr. Servant Wilkins addresed the jury for
the prisoner. Having known the prisoner for many yt ars,
and having received from him the first brief that he ever hail
in his life, he in consequence felt a great deal of anxiety in
the welfare of the prisor er, who, he could say with confi-
dence, was as reepeetable as any tenon in that court. The
learned serjeant then called their attention to the identity of
the prisoner. He contended that there was the great, et
degree of caution to be exercised in believing witnesses
who swore positively to the identity of any particular
party. In every case he was an entire stranger to the
witnesses for the prosecution, as they had never seer
him before the 7th of J uly. One witness spoke to seeing
him by the glimmering light of a candle, and he could not
but say that by such a light as that it was impossible with
any satisfaction to speak to a person a second time. If a
person hat been challenged in n crowd, some reliance might
ban plac.d upon it, and they might pay some respect to testi-
mony of that ind. la the present case the prison. r had been
identified by erridence the most unlade, being sworn to at the
Court house, by persons who would naturally, from the very
circumstance of his being placed in the dock there, identify
him with some degree of positiveness. The subject of idea
tn was one that presented considerable difliculty, and
ought to be viewed with great jealousy. Why. he (the learned
counsel) had been taken upwards of twenty times far a per-
son well known in thin count y —he meant Mr. Hudson. It
i,as not long since that the 'VreeChaneellor of England and
Lord Stanley hail taken him for Mr. Hudson. The
learned serjeant then commented upon the evidence at
great length, especially that adduced by Mrs. Haigh.
Ile dwelt upon the fact that when the prisoner was appre-
hended and his boxes and the house marched, no flannel or
socks, nor any of the other articles that it was mid he had
purchased w. re found there. lie should be able to prove
that at the time the prisoner was said to be in the posression
of a large number of forged notes, lie was actually in a state
of penury and want, being obliged to pawn a
beenpece and
other things fur subsistence. lie should also le to prove
that the prisoner on the el iy of the alleged uttering of forged
notes was never out of the house of his brother-in-law, Mr.
Baird, until half-past eight o'clock in the evening. The fol.
losing witnesses were called for the d. fence :—Mary Baird
and Joseph Baird swore that the prisoner was in the house
from three to half-past eight in the evening, ar d that he
never left the house for a Angle moment during all th it time.
Several other witnesses corroborated this.—Henry Linden,
pawnbroker, proved that priiotter's wifvledged a timepiece
for 15s. on the Sib of July.—Joseph Marshall swore that he
saw a person get a note changed at the shop of Mr. Haigh,
the prosecutor, on the 7th July, between 8 and 9 o'clock in
the evening, and that that person was not the prisoner.—
Mary Cousins deposed that a man, who was not the prisoner,
attempted on the same night to get a note changed at her
,hot..—M•. Hall then replied on the waole case, and Mr.
Justice Erie having summed up, the jury retired. After an
absence of 20 minutes, they returned with a verdict of Not
Guilty.—The fireman Cant that in their opinion a mistake
had occurred as to the identity, an opinion in which his
lordship concurred.
Immediately on the prisoner being discharged he was ar-
rested by a sheriff's officer.
CUM Sins.—lNfore Sir. Justice Creswell sent a Special Jury.
Masons v. THE LONDON AND NORTII•WESTRIIN RAIL-
WAY COMPAN Y.—COMPENSATION PON TILE DEATH OP A !
IlestiaNn.—The plaintiff is the widow of Patrick Reedie. !
She is 31 years of age, and has six children, the eldest of
whom is 14 years. The deceased was a bookkeeper in the
service of a gentleman in the neighbourhood of Dewsbury,
a- d on the sth of June last he was proceeding upon his
master's business to Dewsbury. At that time the London
and North Western Railway Company were erecting
over the turnpike-road a bridge, undet which the de-
ceased was passing. There were four men passing under the
bridge at the time, and one of them, who was in advance of
the others, felt something touch the back of is leg. He
turned round, unconscious of what had occurred, when he
missed the deceased and another man named Hobbitt, upon
whom a large stone of about two tons weight had fallen, and
annihilated them. The falling of this stone was attributed
to the want of proper management on the part of the persons
engaged in erecting the bridge, and therefore this action was
brought to recover compensation for the lose which the
plaintiff and her family had so sustained. There wes a very
important point of law involved in this case as to bow far the
company were liable. It was said on their behalf that this
viaduct was being constructed under a contract which in-
demnified them ; and on the other band several cases were
cited to show that whether the work were done by them-
selves, or by their agents or servants, or even contractors,
they were liable to damages for any injury that might be
sustained by reason of the negligence of such servants, agents,
or contractors. The question was not decided, but his
lordship held the defendants liable, and the jury found
for the plaintiff, under his direction—damages 5001., to be
proportionately applied to the use of the widow and her
children.—Leave to defendants to move to enter a nonsuit.
lionurrr v. TUB LONDON AND NORTH WESTERN
RAILWAY COMPANT.—Thia was an action by another
widow against this company, to recover damages for the loss
of her husband, who was killed at the same time as the un-
fortunate men !teethe. The question for the jury wss as to
the amount of damages, and, alter some consultation, they
found for the plaintiff, damages 4501., to be proportionately
applied to the use of the widow and certain members of the
family not otherwise provided for. As in the other case,
leave was given to the defendants to move to enter a nonsait
upon the question of law raised in the other case, as to their
liability.