The Express.
London, England, 1849-04-20 00:00:00

lidn *ntelitgence.

COURT OF QUEEN'S BENCH—YESTERDAY.
Mt:louts rento.—reion Mr. Justice Patna end Mr. Justice Brie.
Tun Gonna s ran Blend, or Eiwran.—Tut Casa or
XL. GORHAM.
We. B•ddely moved fur a rule calling on the Attorney•
General to show owe why the replications in this ease
should not be set aside, or why to should not elect which re-
plication he would abide by ; and why. in the meantime, all
proceeds should not be rayed. It appund that the
crown had appointed the Rev. Mr. Gorham" to the living of
Branartowspeke, in Durooshire, and the Bishop of Easter
having examined him, had refused to confirm his appoint-
meat on sceouat of his holding unorthodox opinions, namely,
that infant baptism was slot regeneration; upon which the
mown had romaieseed prosseeduns against the bishop with
a view to compel him to confirm the appointment of Mr.
Gorham. Tne crown bad pat upon the record five replica-
tions, two of which sl ins would go to s jury, the remaining
three hazy questions for the decision of the metropolitan or
his vicar. The learned counsel now contended that the
crown had no right in an arnica, the form of which wu quire
impedit, to nuke use of a multiplicity of replications.
Toe only case which he could find on the subject was en
aconymons ease in BavilP, in the reign of Queen Elisabeth,
and that was a question of prerogative end did not strictly
apply to the point in the present case. The learned gentle.
men proceeded to cite various authors on the preroga-
tives of the crown with the view of showing that the mans
adopted by the Attoeney•General in this CON was nowhere
sanctioned. The court granted a rale.
COURT OF EXCHEQUER.—YESTERDAY.
rouge in Banco.
ELINORSTON P. MR FITZROY Kama, Ci
mum

Mr. Crowder, Q.C., moved kir a rule calling an the plain-
tiff to show cause why the veediet in this ease should not be
set ante and a new trial bad, upon the ground of misdirec-
tion, and that the verdict was against evidence. The ease
was tried before Lard Denman at the last sae's., for Dorset-
shire, when a verdict was returned for the plaintiff for 1661.
It appeared Mr. Ringestun was an attorney, practising at
Lyme Regis, fur the representation of which borough is par-
liament the defendant became a candidate at the last rang
election. The action was brought to recover compensation for
professional services rendered by the plaintiff, who alleged
that he had been retains t by the defendast to act SS Ws agent
in the business of the election. The defendant deeded that
be had retained the plain iff, and the demand be for ser-
vices only, the qmesuon was, whether the plaintiff had beta
retained by the defendant as his paid agent. At the trial It
was opened that there was an express retainer by the de-
fetichist, and Mr Aftwood, who bad previously peemismil his
interest to Sir F. Kelly, was celled to prove it. Anesimpt the
various gesstims put to the witness were, " whether he bad
any authority from Sir Fitzroy Kelly to retain** ybdatiff's
services? " and " whether, is point of face, be bed rot nined
the plaintiff ma the defendant's agent at the geodes T " Mr.
Attwood &Weedy answered both these questions in the
negative. Certain letters from the defendant to Kr. Ringer
ton were then gives is evidence to show that, prior to the
alestien, the latter had acted as Sir F. Kelly's agent. with
hie eoncameoes. It appeared the plaintiff &misted Sir Fitzroy
rash' his canvass. end voted hr him afterwards at tb
. The latter circumstance was relied upon as a good
of defense, bet Its defendant's eenasel did net eall
Cs:a nossuit, as the jury isitilbe of spiel= lbst
service had been rendered for w ccmpsrseAbseheirid be

gala.
Sir F. Pollak, C.ll.—Tle Mt et the plaiatiire bevies
voted for the candidate was a roclaaatiou to the wend that
M was set • paid agent.
Mr. Crewdar—The persomption raising the abases that
the plaintiff was the defendant's paid seat was legally re-
bated. It said not be said to be bribery ; het the est of
peritonea prohibited paid agents from vain to their et'
ployses at elestiess.
Mr. Ease Puke—Hie having voted Ist ibe habieb Is
tantarmeaat to a declaration that he was sot a gab semi
lir. Crecher—Tise est et parliament doss set wrg Sisi,
bet it expressly provides that we paid upset shall be gab.
gag to vote. If it wee ethsewhes the llama bands night
be essawdbell, it • paid sepal might Mee a eosin veto. 1
Snide die Tessa dike seisteet, sad afterwards masa thal
kb swims bed km eriabeed pstabenely. M. idWilik
a Wailer. sad a boother of the waters sheds, who wee
she abed et the trial. sad that he krel seggented, is gg b.'straw with Sir Fitzroy Kelly is Leaks a short tines
barn the galas, the propriety of retain's; the phatiff.
The defendant said he was anxious to have the plaintiffs
services. bat thy should be granitondy readered, am It we
desirable to secure every possible vote. Kr. Beheads was
award by Sir Fitzroy Kelly to arstiem thh to the plata-
tiff, and in doing so s •id, " 111 were yes, I woeld very meek
prefer not being a paid agent, as, if you at grateltessly, you
will lay Sir Fitzroy Kelly ender as abandon to
yes, which he ssklit otherwise repay." The plain-
tiff ea " Very well," and nude no ebjeeties to the seater.
The oat day Sir F. Kelly arrived at Lyn% be the int
MN. sad was istreffased to the plaiati.. 01:=2esat
sank% it appeasoi by the aliens et Mt. mho
Ake
a harriesedlist Me F. Kelly Misted et • baser a
the limilarabassfai. sad in s very isided One,
that he be wail have fates of esilors.
fag the epalsom be INS under te dime at Lone. het
he was brishieed is to haw_ egoats, At the
bid awe eerg_ . Ilept that wee sae Mind
to emus lik• weiwa agellsto vas M his, open whisk
gig karma JO. emeserhed, o wtreeever the Sty
thirb 4110111 =Maly et ask a isitsse, ff they
angel
pielealikal Mto palmad parslStrsal
sgressy be
est.° Bat ibe he
mosbet
the flog& ought to be seat
elm* sea Min* sale out by the Maim&
Mb. was the bialkosthei seempted et. The
iseresd weasel sibbai ea the parieraeses of tke sw-
am aimed a proseseglisa aka as *Miff bad hoes »-
Weed, end wasistilied to be paid; but it wee abutted by
the evident" sad by the relishes of the eat et perlissiest
is whisk be referred.
Mr. Berea Parke—But the eiremetenee el the pielatire
haviag yowl h abilesteil to his segeresse le save Ids dint.
Mr. Crowder essfirairA. *at the voila should sot be
allowed to ster. had nisi atteatisa to the bet that the