The Express.
London, England, 1851-12-03 00:00:00

Kai» intelligence.

EQUITY COUETS.-YESTERDAY.

RITTISUR 1,1 L1N4131,04-INR. R•InRI. 11311. 1..” COIANCR-COIL,
WAltt/ C. MAKTIN.—TiIE HAWLEIOII TITHE CAVE.

The argument in this appeal, which was from a decree of
Vice-Chancellor Knight Bruce on a demurrr. was resumed
yesterday, and occupied the court the entire day. Tito
point at issue has been already stated in tho Erpnsa.
Mr..l. Itussell, Mr. Mains, and Mr. Collins appeared far
the appellant. The latter gentleman concluded his argu-
ment yesterday. Mr. Scansion and Mr. Schoenberg were
heard on the other side.

The Solicitor-General (with him Mr. Fleming) was pro-
seeding ith hia argument on h; half of the a,...i-nant tithe
comino:iioner when his lordship ruse to attend :4 cabinet
council.

Byre' rim Marro or TM. ROCIA.
MULNIN C. REID AND °THERA,

The Master of the Rolls gave ju Lement in this cause.
The hill prayed that the defendants might interplead al to
their right to 1,8141. Is. 9d., received by the plaiatiff as
freight of the vessel Punjaub, which has been paid into
court. The Punjaub sailed from Calcutta for England in
March, 1847. One-third of the vessel belonged to George
Palmer, the elder ; one-third to George Palmer, the
younger, who had mortgaged it to Saunders, May, and Co.,
of Calcutta; and the remaining third to Saunders, May,
and Co. The vessel Win COW to Wick and
Co., and the plaintitT ILLS appointed oihipbroker, and he as-
coruingly received the fie fight, amounting to 2,721/.25. 10d.,
and he had paid one-third of this sum to George Palmer,
the elder. rho defendants, Messrs. Iteid, Irving, and
Co., contended that the whole of the balance be-
longed to them by virtue of letters from Saunders and Co.
The defendants, Messrs. Henderson, the holders of bills
drawn by Saunders and Co. against the freight, were also
elaimante, and had obtained an attachment in the Lord
Mayor's Court and they contended that the plaintiff
ought not merely to account for the two-thirds, but for the
whole of the freight. His Honour said the court had no
poetic to compel the plaintiff to render an account, there
being no bill tiled against hint. Ile would make the inter-
pleader decree so far as the plaintiff was concerned. liv
this decree plaintiff would discharge himself of the 'aim of
1,814/., and with respect to that sum the court would not
permit any action by the defendants to this record, but be-
yond that the court would give plaintiff no protection. He
therefore referred it to the Minter to ascertain whether the
defendant., or either, and a hich of them, were entitled to
the sum of 1,814/., with liberty to the Master to state any
circumstances specially.
Pules r. PRICE.
The husband of the plaintiff in this ease, by a deed poll
dated Bth January, 1849, gave his house, good% and chat-
tels to his wife, the wends of the gilt LK ing, "I hereby give
and grant to my said wife all nay house, goods, and chat-
tels." On his death, the heiress-at-law broil:fat an action
of ejectment, and obtained a vt.rilict, wheretipou the plain-
tiff obtained an injunction in this court, and tiled a bill,
praying that the Imin-ie.-at-law might be declined a trustee
fur the plaintiff under the deed iu question.
The Master of the Hulls now gavvjudgnteut, that no trust
was created by the deed, that it was rorl, and he dismissed
the bill and dissolved the injunction.

COURT OF QUEEN'S BENCH.—Yr.stEenAT.
Sirrixos ar Nisi l'aiva at Wooq..orva— Itrvoro, Louto CAW.

ABU. AND ♦ 11,11.11.
INDICTMENT FOIL CONSPIRACY.
Tar QUEEN v. ALLETNK ANSI OTREILS.

This case, which has excited inten,e interest, was re-
sumed this mut kk 11l g, when the following witntsses fur the
defence were called

The Rev. J. L. Align° =mined by Mr. Iluddlestone—
I um a clergyman, and a brother of the delimlanto
was umlauted in June, 1848. Captain Holder Alleyne is
32 years of age, and M'Ueaciiy Alley n, is 28 years of age.
I have a curacy at Exhall, in %I•ars irkshire. 1 remember
my brother Holder returning tram Cauedu in 1516. I saw
him at Scarborough that year. He was in ill•health. and I
went from Cambridge to stay with him during the long va-
, cation. Ilia horses arrived at Scarborough a bast I was there.
The mare Pigeon was amongst them. I used to ride her on
the muds. She was a mare Ut great speed, mid was plucky.
1 was going into Scotland, and went with my brother us
fur a.. !full. I went into Scotland the day alter. I was in
Hull again in October, 1848, when the bet was made. My
brother ANleachy was then in 1.:4141a. My brother
Holder and I dined at thlo cocas of the tillth Regiment ut
After the MOM I accompauktl my brother, Mr.
Kennedy, and other gentlemen, to Mr Darecy's rooms.
There woo some general roam-motion about the pOWCIN of
the mare Pigeon. Mr. Kennedy spoke us it' he did not
believe all that was said—in derision ut the mire I should
my. Ile joked my brother about her when ho was saying
hew good she was. Bets were propos,d, and the bet in
question was proposed by Mr. Kennedy. They were all
talking about the bets, and Mr. Kennedy, who was lying
on the sofa, got up and proposed the bet. There was some
little discuasim about it. I objected to the bet, in toto,
became I did nut approve of the thing. I can't swear who
wrote the bet down. The bet wax made that evening.
Alter I objected to it 1 heard my brother otter
Mr. Kennedy 4;O. to be oil the bet, but he re•
fused. I saw my brother the nest morning. I left
!lull the day but one after that. 1 went on to Ilampehire,
and then to Cheltenham, which place l reached about the
middle of September, I think. I weut a second Wile to
Cheltenham. 1 went there alter the bet was made. I was
living there in fret with my mother. I COW the mare in
training at Cheltenham. I was there a few days after I
left Hull. 1 was there shortly alter the mare arrived. In
the early part of November 1 war there; mil 1 returned to
Cambridge to keep my term. 1 remained there fatty days,
and returned to Chelteuham in December. Before 1 went
to Cambridge I saw the inure in training at Cheltenham.
She was in very good condition. When I came hack from
Cambridge I saw her again, she had peen a little "amiss,"
but was still in good wurkiug condition.
By the Court—l had not heard of her being:miss before I
wilt to Cambridge.
By Mr. Iluthilestone—She was being regularly exorcised
at that time. Mr. Bryce laid been attending her. I did
nut know what was the matter with her. I saw her go out
toe:emir°. I did not see there was much the matter with
her. I did not see there was anything the mutter with her.
Lord Campbell—You used the word '• much," what do
you mean ?
Witness—l did not see there was anything the matter
with her.

Lord Campbell—That waP your first ammo..
Witness-1 Paid 1 did not Pee "much " the matter with
htr ; 1 meant 1 did not bee there was anything the matter
with her.

Examination resumed—l heard that Mr. Dryer had been
attending her. I heard him say to my brother, "It is no-
thing the matter,aud will nut stop her work." 1 did not we
anything the matter with her. I accouspaiiied toy brother
Holder 1.11 one occasion when he was driving the mare. I
was walking round the park in lheltenham ; my brother
was driving. I saw the mare trot ; he timed her.
thought she was an extraordinary mare. That was about
the litu or so of December, I should fancy ; I can't swear
to the day. I can't form any notion of the puce she was
going, but he told me she went a great number of miles,
and he was very well satisfied with the trial. She appeared
to me to be going very fast ; and she seemed to me, as fax
as I could judge, to be all right, to the best of my belief.
I heard of her being taken to Tea keabuiy. She remained
in training, I believe, till the end of December. I knew
the match was to come of at Salisbury; and the way Duro
from Cheltenham is by way of Swindon. I received a
letter about the end of December from my brother Holder
to stop the mare. 1 went to the Gloucester station ; and I
found the mare in a horse box, and the grown Beek was
with her. The box was on the line, but 1 can't swear that
it was hooked on. 1 desired the groom to take her back to
the stables.
C.

by Mr. James.—l knew that the mare
came from America. My brother bad not had her long
when I saw her ut Scarborough. I believe he brought her
from America ; he told me her 11:11111: was " Fanny Jenks."
I did not know that she was a celebrated mare. I can't
tell who christened her " Pigeon." I don't recollect that
Captain Head was in the room when the bet was made.
Captain Crawford, Mr. Dart-ey, Mr. Kennedy. and Captain
Phillips were there. Captain Hunt might have been there
—I can't say. I did not hear my brother say that she was
an English mare. I knew she was an American mare when
I rode her on the sands at Scarborough. I swear I never
heard my brother say she was an English mare, and bought
of an English dealer. He may have said so, but 1 did not
hoar It. I did not hear him say that she was an American
mare. Either Dareey or Kennedy wrote the bet. I believe
Kennedy wrote it. I don't think I have said that Laney
wrote it. I don't know whether Darcy backed the
mare or betted against her. I did not bet. I re-
ceived the sum of 1,6.501. ; it was placed to my 'credit
at the Cheltenham bank. My brother desired me to. place
part of it to Mr. Darcey's account—a thousand pounds, I
think it was—he gave me 5001. as a loan—he gave it to me,
uhe had been accustomed to do. 1 did not know it was
Mr. Kennedy's money. I bad nothing whatever to do
with that money. Betide and utter that my brother always
gave me money.
By the Court—l don't know where he got taii money
from ; but se it was at that particular time, I suppose it
mast have been some of Mr. Kennedy's money. '
By Mr. James—l knew the bet had been won. Dercey
was no relative of ours; but he win an intimate friend of
Ours. He was present at the bet. 1 knew from him after
that that he had received the money. I don't know why
the money was sent down to me. and 1,0001. of it sent back
again by me to Darety in London. I hod nothina to do
with the Cutinetto snatch. I don't remember whether I
went to York to fix the time for the Castinetto nuttgb. I

forget.
Did you not on the 7th of December go to York and fix
the day—on your oath?-1 remember going to York on
some message from my brother.
Did you fix the time for thu Castinetto match?
—1 forget all about it. I have been foolish
enough to make bets myself. [A paper was here
put into the witness's hand.] I don't remember
betting with Mr. Clifton. This paper is in ray
writiag. Oh, I recollect that Mr. Coyle came to me about
a bet with Mr. Clifton—it was a transaction ter Coyle.
whom I did not know. I swear I did not win 5001. from
Mr. Clifton, son of Sir Juekes Clifton, before he was of
age. I may have had a bet of 5001. with him--I don't re-
collect whether I had or not. I will swear I did not win
5001. of him [A paper was here put into the hand, of the
witness. It was en apology front Mr. Kennedy, v,ritren at
the Burlington Hotel, to Captain Holder Alleys's.] L don't
know whether the apology referred to the bet With Clifton
—to charges Kennedy had made of my havimg defrauded
Clifton. 1 don't know that it had reference to that matter.
interceded between mybrother - I to pre-
vent violence. The statue at C ing
ens honor. I had a horse in Ulo' •
; • Aro.
fti
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