The Express.
London, England, 1851-11-22 00:00:00

unlawful chareeter, which it ought to have done. In sup-
port of this proposition the Attorney-Geiser...l gu•,ted the ear
of " Frost e. Lloyd," 18, new sena- of the Law Journal,
(lye( n's Beach cases. That was an action of rt plevin in which
the Meatiest set forth that the plaintiff had abstracted the
jurors of • manor, and the court held that it was not a good
defence, as the if, fentlant did not show whether it was a
legal or illegal obstruction which the plaintiff had cons •
nutted. The autheritai•• showed th it where words were
capable of a two-fold construction, and of being applied to
an innocent as well as • guilty act, it was necessary, hi the
indictment, to state that they referred to an illegal act, so
that thew court might jud,:e whether the act complained of
was, or s not, an unlawful one. The eases upon this
point were all collected in Mr. Pali )'e book upon convic-
tions. That write- stated that the facts charged in an in-
dictment, must be spec& ain such distinct language, that
the court might jtedge of the acts. It had been-held in an
indictment which charged a man with profane swearing, al-
leging that he had uttered 51 oaths and 156 curses, that the
indictment was hail, because it did not set forth the oaths and
curses; so that the court might have judged whether in
point of law the expremior.t used were oaths and curses.
The words " intimidation," " obstruction," and " molest-
ing " wire not words of art which necessarily bore any
particular legal meaning, from which the court could infer
that they were meant to have reference to any guilty act.
For thisa reasons he sahmitted that the indictment was
bad, and that the judgment of the court ought to bo ar-
rested.
Mr. Whateley, q.c., who appeared for two of the de-
fezennts, railed Itowlands and l'yatt, also moved the court
in arrest of judgment, on the ground that the indictment
was bad, far the same ri aeons as had bcen advanced by
the Attorney-Gears'. It was not sufficient to state
facts in an indiement from which probably it
would appear that a party might be guilty, but
the words used must of themselves have a legal
meaning, and he capable of being applied only to a
guilty act. The late Lord Chief Justice Tindal had so laid
down the law in the case of "O'Connell against the Queen."
The ward .` intimidation' did not, as a matter of comae,
refer to an iLegal intimidation, for a man might say " If
you do so and so I will bare nothing to do with you." That
would be intimidatiun, hut would not be illegal. The same
observation would apply to the word " mola,tation," which
seta:used in the present indiettutut. The word " obstruct"
also, which appeared in the indictment, might be lip-
plied to toe perfectly legal act. For instance, a man might
obstruct MI act of parli.unent. The 11th and 12th counts
clarzed the defendants with molesting the proeecutor's
workmen ; but those counts were bad, bi cause they did
not allege a ecionter or knowledge on the part of the de-
fend/ants that the men no molested bail mitered into a
contract to work fur the prosecutor. The learned counsel
thin proceeded to lotat, various other Legal objections to the
different count.. in the indictment. The indictment alleged I
that th • defendant, persuaded the propecutor'e workmen to
leave him. This they had a right to do, it the men were
not under any contract to work fur Mr. Perry. The Jaen-
slants were charged with making two men named
and Griffiths intoxicated. Now, he (Mr. U'lnitcley) sub-
mined that the ,defendants did not make them intoxicated,
but that the liquor did. (Laughter.) The word " intoxi-
cated " hail no particut regal m. ailing. as a man might
be intozirated with joy ns writ as with liquor. The learned
counsel after citing various nuth 'reties iu support of his
diflerint objettitia., roncludc•al by submitting that the in-
dictment was bad as it did ..at allege any legal offence.
Mr. Keating, (Leo Mr. Peacock Q.C., and Mr. Parry
then whin .6,1 the court in artist of judgment on behalf of
their different cliente, whose names were, Waxidnorth,
(Lilt, Duffield, reek, and Winter.
_

Lord Cattipbell raid that the learned counsel had very
Iwo brmight the sathoritiev which they thought
Lore upon this eau• before Ito. court, who would give their
juilaus. ot on Monday mottling next. Ile understood that
some of the defendants wished to move for a new trial, and
it wouNt h convenient that the learned counsel should 101 W
move the court.

Mr. Whateley, said he W.LI instructed to apple for
a a.:w trial on helsitif of the di fentlaut Rowlands.The
ground on which he mused was that of miielirection nn the
part of the learned j•idge who tried the indictment. lie
ought to hay.• told the jury that there was no rvldence
against Rowlands of molesting the prinecutoc or his work-
Men, or of liming timed threats towards them. The counts
in the irldietl.l. t.t should haw !Well kit separat,ly to the
jury, hist. ail of alto**. flier • and then whops the jury
would not liare found all the defendants guilty upon all
the tr.. nty counts in the indictment. lle (Mr. %Vhateley)
also 1,1311j0,661h0 41 that the learned ju.l,4e had said he would
leave four et. 11,1 of cvuuta to the jury, cud he had only left
thri e.

Me. Mewing, D.C., and Mr. Parry, then moved for a
new trial on n.-hall of the defendants, Woednorth, halt,
Peele, Green, and Winter, on the ground of anoint. mew.
Mr. Shinto r, who appeared with Mr. Keating, wi behalf
of Woodworth and Galt, said that the defendant Duffield
desired to have a new trial, and by some oeursiaht the inns
Mon haul not liven mole ; he, then lure applied to the court
to allow DuMeld to stand in the saute position. aa if it had
in made.

Led l.'
uropM•ll—Oh, certainly.
It I. undi Mood that the court will deliver judgment with
rctivert to a new lila% well a. upon the neutrons in tar, ,t
of judgment, na Mvaday neat.

BA 1 COURT.— YE.sT ERDAT.
taro... 14 HON Wows Na•
THE U.: ECM r. Taz NORTH WV, CLRN RAILWAY

1.0111.V:11.-MANDAYI'M.

. ........._...
In till. r. Mr. Kieruks, LI.C., obtain. d a rule calling
es the defoolants to show canw why a mandamus should
mo b• tan soled commanding them to make a bridge which
they had constructed riser a public rood of the dimensions
et-quirt ot Ly (hr It Mail Clauses Consolidation Act. The
apylicalioo was mate at the instance of the Lancaster local
board et lit _ .

It u.l- arvolrtl twat the rule rhouhl be returnable at
(lamb,
•

14:•1•4..14: %NI. .1111E144, IN RE Tlll4 MAC OR
AM. 1.4.V1:4-4.1.1.14111 IL-CRIMINAL h4F0144.14

Mr. J Q.C., lensed for a rule calling upon. Franeis
Ire,-111e; liar!, the mayor Or the boron:Lb of 11:1(WI, h, and
Ealav ..1 ot o, town, lark of the Rune borough, to
show a,.1, wby a erituin al inbaranation should nut be tiled
•la, m tar alleged improper and corrupt motives in
th, ja. rt. 01 eat it duties. Harwich was divided into
two p awl the lasts of burr...sc.: ought to
have is al props sly made out on the lith p-
tends r he the aaserseers under the Municipal Corporation
Act. but •tbey were not 'Mined by the churchwardens
as well a. the overseers. Upon the revi.ion taking place
file. Carter and '2l other pa-roans %ha had lawn omitted irrn
the lasts, claimed to be placed upon them. When the mayor
anal ....mars in, tit was objected that all the lists were bad,
Oat has isg ba al properly signed; and the twat was all-
yourated from the lith to the tttla of (Amber, when the
mayor refried to bear any arguuscut salon the matter, anal
Mystical that the lista acre inionual, upon which he alas-
aolttil 11w court. ulu.r. an :Allot...troll took place between
bun anal Mr. Pus call, a Ito appeared he some of the claim-
ants. One of the said he dad hot concur in the
Manion of the auayor, but, as he had left the court, he (the
assessor) pout rh,. The •ttidavits stated that there
were two goat parties in the borough, and a con-
siderable majority of the burgesses belonged to a patty
oppow .1 to th- mayor, anal the deponents said they
thatbtlicrrd the motive which intim-need the to ayur
was hi. apprehcbsion and twlief dud the municipal
elettiaus under the revised lists (if allowed) would be up-
Fossil to hint and to the town clerk. The mayor's term of
oiliesr was about tat expire., anal the result ul his decision
would that thi-burg.at roll would be that of the pre-
violas y.nt. Now, he contended that the mayor was bound
to hold the court to revise the lista, anal hear arguments ;
whether right or ormig, the parties had a tight to be
heard by the judge of the court.
Mr. Justice Waghtnian said there cou:d be hut little
doubt that the lista were haat, anal that the decision of the
may., in respect to them was correct. He did not think
that the facts brought before the court were sutficient to
warraut his Intel fereuee in the matter.

Mr. JAM.. 110.1112410 that it .as lilt intention to apply
to the lull court as the question iIITOITLII was COO of great
importance.
Is RE CETTO, ATTORXEY.
In thiseme an appliettom had been made last term to
strike au attorney od the roil, on the ground of his haring
been found guilty of the oorence of perjury, although the
jedgment in respect to the molecule:lt of perjury upon
which he was found guilty wan afterwards arrested by the
court. It OAS also suggested that he had fraudulently,
alter advising the sale of au estate of three brothers of the I
name of S4llllOO, became the purcha.ser of a portion of it
Inas.ll Some of the mat.•ri d points in the affidavits were
very contradictory, and tu: court took time to consider its
judgment.
Mr. Justice Wighttuan, after giving a brief history of the
ease, said that the charge of fraatt on the part of Mr. Cutts,
in hi. tran.ortieut with Messrs. Salmon, had not been satis-
factorily made out, although no doubt he had acted con-
trary to his strict line of duty in becoming the owner of
property b. i iugiag to his client. Under all the tin{lll..
stances the tole must be discharged, but not with costs.

COURT OF COMMON PLEAS.—YEerearaT.
81111310% ID DAIWA. -Hamar Can. Jranra ham... Ms. J.ance
lammx.Ma.Jrance WIW AIN. Asa Ma. 'lnnen 'I• LAUVIAL
THE I:UWE AEOLIAN 'RUMAT CO AAAAA r. THE
EASTERN COEHTIEw RAILW %If C . .—THE Aotte-
sant TO LEASI THE Etat AEOLIAN LIMB.

This was an action to recover upwards of 21,000!. upon
ma agreement, by which the defendants agreed to take •
Isese of the ',homier.' hue fur 009 years, and to pay the
costs of certain bills in parliament. The matter now came
before the court upon demurrer, the question raised being
•whetha the agreement was a legal one, and sufficient to
simeo.;! the contract declared upon.
Q.C.. and Mr. Wheeler were for the
ilaintiff.; :rid Sir Edney Kelly, Mr. Crowder, Q.C., and
sir. Duval w.sre for the defendants.
The case oe. epiest the whole of the d,ty, and was not
coneluded at the ru'ing of the court. This being so, ens
pone our ceiwct until we can present it in a complete
Et.

COURT OF EXS:7IIEQUER.-TESTLIDAY.

Irmo An La Yams AT
MON ON AN ATIONNEY'S
BORNITOI P. HAWKINS.—AI,
BlLL.—Algovies Consort WA. 1, Woo rieJUNT.
This protracted ease, which oceokwoo the whole of Thors-
deo and yesterday, was an action t.l men, the OM of
1861. Ilc Bd., alleged to be den trots the defendant, who
described himself as a gen{letsnn, to the pfdntit en attor-
ney in Barton•erescent. Defendant plo.vmowl hill 51st, never
indebted ; and, secondly, non-delistry of ete nidkootordiag
to the statute; bat this latter piss wee abood=od•
A great
_camber of winnows wore assimode lach444
the pbbiff sod 4thadiat.

Ma. ii&aos