The Express.
London, England, 1847-06-28 00:00:00

THE • EXPRESS, MONDAT- EVENING, JUNE 28, 1847.

amid of itself beta apnea es make this tight ea the
Jetties'. The dela et Ms maw treethemied ea the ordeal 1
sitesterorhish peelih.tbwwiled the mama awl.
New, this psi wat eatilitated isr the see sag Opei the
lostaNammeapsi."llesiiiiMMigndeiroppilalteaelaaty,
.171.1ZVXQUI: =VIP* 81"'""
aka,* wen
mai as esameAs emit far Met .ta whisk Leeds
wr sharte. lies ear" SWAM mold err Mat the lila
of the memais mak eat. Media (meths maim was
me that mid test be salehtei maim the power to
ambit a Ryder was aid • smiler that related to the
statMehugesi:
ms The sionos elnedy had beaa stated,
ark a maw. TM amt was also el
=Meths skim et the Wm assail could set be sop-
=sad then*** that the ?Ws ft a cao weasels mast
absolute.—Sala absolute.

law compelled no man to criminate kismet and that the court
sisesslid rotect a witness from all attempts made to criminals
Llialf. The refuel to answer a question which would
inveive a witness lnc criminal prosecution was clearly estab-
Haled by the statute 48 Oro. 111., e. 37. That statute was
meted partly with the view of @leering up any doubt on
this very point, and it expressly provided that a witness can-
not refire to answer any question the answer to which has
se tendency to sense him of a crime, bet only to subject
lidea tea civil suit. Gerbett had bean oonspeUed by the
court to give salkeiminating evidence, and therefore, as the
horned counsel contended, the evidence having been ob-
abed illegally in the civil action, it could not be admitted
spina the prisoner on the criminal trial.—Mr. Martin, Q.C.,
be the crown, replied that the role of low was that no
am was bound to answer a question tending either
directly or indkeetly to mimlnate himself; but it
was not neeemary that the judge should caution him.
If a judge cow an Ignorant man about to criminate himself
he would doubtless interfere, but that wee discretionary. If
a man came to give evidence for a friend, and went on to a cer-
tain point, and then stopped, the judge could aunties his
dieoretion co to whether the witness should go as or not. As
to the admissibility of the evidence of a person against him-
' self, there were but two exceptions—Bust, when the state-
ment was made to his legal adviser; and soundly, where
hope or fear had been held out to the person. The argument
of the case was concluded by a reply from Mr. Chambers.—
The decision of the judges on the point will not be
musessicod in open court, bat will be communicated in the
hem of direction for the carrying nut of the conviction at the
Old Bailey or for the liberation of the prisoner, as their lord-
ships may decide.

COURT OF EXCHEQUER.
Neu Patra—Bekee IT F. Polka, GB, and Spode Twits.
POT= v. GIamor.—iLLLIKIID PLOD IN BILL DUl-
cotnrriso.-Bir F. Thesiger, Q.C., Mr. Chambers, Q.C.,
Mr. Millie, and Mr. George Pollock, were counsel for the
plaintiff; Mr. Cockburn, Q.C., Mr. Rundrey, Q.C., and Sir
John Bayley, for the defendant. This mesa action to reco-
ver the amount of two inns of exchange the Mama, drawn
by one John Gardiner, accepted by the isimdent, aad en-
dorsed to the plaintiff. The nee may fain of Ism& 1
writing having been given, the defies*, Millard apes
record, by forty-three pleas, and by the slawassi sf the
defendant's counsel, was, that se esseldimatim MI bees
given for the bills, and that they bad tem eirinsed by bead
and coin. The defendant, who was a eimirems if the
church of England, and possessed of the 11Mg ef West
Dean, in Wiltshire ha been In temperer, went of
wimp lest antumr;, was duced by an adverthemsot
whisk be read in the Morning Herald of the 90th of
Awe* to !apply, in the manner directed, be the de-
and mommodation. The advartimest stated that a sum
exceeding 10,0001. was then ready to be immedietely ad-
mooed, upon approved personal seenrity, In MIS MA IMO
than 1001. nor (melding 2,0001., to any indirrideal, end
that an eammiseelese frost peaces Moms te Abet
hams should be make, del, in mily, the Isthis le be
eddremsd le "J. R.," 300, n• adisass
stating the Mombasa. is Minh he me et the
time smi his dashe to berm MK men& Yon
/Sao conesparliase ea Wordily teak plass hams the
rislandsat and Mr. John Gardiner, who medal an the holi-
sm of a bill discounter, at Fludyer-sleet. Weeleneeter,
under the is dßehr and Co. Gainerdrew.shil the
defendant ermined, lir two bills in qoardea, dated rupee.
Lively the Nth smd Mad August, 1341, Mx=
four swaths. He emmisal the cash Nimbi be
next morning, assl the defendant, spea the faith if that
promise, gave the Me to Gardiser who gave the de-
hMent a written easseriedgment ler them. MMg she
that they shield be returned ff sot disterested.
The money wen not, however, paid mart morasig,
Gardiner entrap, as his excuse, that his Isobar
had left town the Anions evening. He then said he Mould
be going to Southampton in a few days, and that be world
take the money to the defendant, who, it me
should send his carriage to meet him there, sad INNITOnt
to his residence. On the appointed den'. Chatham wrote to
li say that he was unavoidably vented from leavieg London,
but that he should y be at flouthamplem mem the,
following Saturday, the 3rd of Segember. He Me re-
quested, if any one should, in the haterval, mho to the
defendant, to smertain whether the sessiameas ware genuine,
that he should state they were. An Mario gam thew
ject was accordingly made by one Gadiferei, who ad
his letter from 23 Craven-stmt, Strand, a lodging-house
kept by the plaintiff, end in which, it appeared, he was then
an Inmate. The letter, which was delivered during the
I defendant's absence, was opened by Mrs. Glossop, who
replied to it, by stating that the bills were left in
Gardiner's hands, for the purpoee of having them discounted,
I but that no value whatever had been received for them.
Gardiner complained of Mrs. Glossop's 'newer to Gadderer,
and dated that in memo of it his beakers had refused
to discount the bills. On the 17th of September the de-
fendant repaired to London, and made a personal application '
to Gardiner for the bills or their amount. He failed to ob-
tain either. He then waited on Gadderer, at Craven-street,
with equally little imam and ultimately inserted an adver-
tisement in the newspapers describing the whole transaction,
and cautioning the public spinst taking the bills. They
passed into the hands of several persons, who, it was stated,
would be shown to have been aware of the purpose for which
Gardiner had them entrusted to him. It appppeacarred the
plaintiff, who was represented to be a lady of Independent
property, averted on the 19th inst. that she had sold out
stock ter the purple* oflending 5001. to the Rev. Mr. Glossop,
who was introduced to her in her own house by °adorer. I
The witness I. whom the plaintiff made that statement ex-
pressed his opinion that the defendant never had received the
money.
The case was adjourned at five o'clock to this morning.
CLARK O. BILL.—INTIRIBTINO TO BANKIDA AND
BANK Duwoerross.—The Attorney-Cieneral, Mr. Cock-
bore, Q.C., and Mr. Peacock, were counsel for the plain-
tiff; Mr. Martin, Q.C., and Mr. Wild., fur the defendant.
This was ea *sties loroug'ht by the plaintiff, an aged widow
lady, r•Mfift nem Ringwood, in Hampshire, to reemer4ool.
from the MmleM, as public ones* at the National Pro-
vindal thsa efthrifead. It appeared that the bras& of
that beak at Biwa" wee =mai by a prep. mad
RUM, vim ass else a smelt gepdelm sod ems !Wm
In Mem; 1•111, he WealtheplWlraswardlfheknew
any me vim be" mew te bad sun se abs beak at Ring-
wood poll rise& Merest, and was es seib es the Bank of
The samara inflamed his minim if what he
Vies teM, end she, having a sum d 4101. fa her hands,
asst it to the Riegmed whoa, it wee paid into
Itithm's Me fa the pubis alba On receiving
the maw be reined to write eamaiiag in a book,
bide the mentee, and **onwards beaded the servant
whip paid the messy a doenmeet in the Mowing terms :
" No. Tee the essmeger if the Ringwood branch of the
Nall Pserhishe if Mseirsd.—Pay Mrs. Clark
only, am 1.0 M" assaln-0. H. Zatess, at the Mk."
In bathe sheemmtiose melythe asemea Jim elshegne,
easseethel the min "sr blew," um at son Inte-
rest st therwridorma amt. Ins pad et AM Mk a
toa, IM, whm le ebriemoM. The
then damsels& 4001. beak, bat the bask
refused, soy the resent actiss wee beseght to Mime them
to relleolit. Oa behalf el Me dellemiest it was essemded
that the twasimethet was a inhale ma between Wailes end
the *EMI lie reedvei surly Wee the amreest le late-
not &Mai fry bombe as disesiM cal lbws wee as Sedey
whemer fa beak brim !shaft te hae se to
rbealipeposited-the sem Ow is q_su Teem
Met the tiff had demobs& it ma Matemes
the Shas-wws relied on that, eilerrrefi
alues tralmi dm stem em doemont a Menheem by
mpaessigibe Mk; Mat she premensi it es seek at Mime&
mason ; eel sa the r etied te ply beasebt as Men
theessa mai Ammer& absaisald h. Oa gam perm, it
wee eastesded en Many isit, when the me was pert
herd, that the tzemetire wee • hen at 4 per east from the
plaintiff to ram. mho, Mk of the bank at
ad Mid semi ass sim:aesay Item others
until:l=ler dreemelemes. _ _ • -

JUDGES' CHAMBERS.
Before Mr. Harm Parke.
EXTRAORDINART CASE ow PERSONATION ow BAIL.—
As application was made on Saturday to discharge Joseph
Hymns out of the custody of the sheriff of Survey, under
the following extraordinary circumstances. Two persona of
the names of Shaw and William Wood, had been taken up
and committed for trial at the last Durham Aasises, on the
charge of robbery in an hotel kept by Mr. Hinckman, at
Gateshead. The primmer William Wood had been admitted
to bail, himself in SIX and two intrados in 1001. each, to
appear at the last essinea. One of the bail was described in
ste. se " Jenne Hynes, of White Hart-
*" ghsetkma," sad was so personated. The
prime mere indietal et the seises, but Wood not sur-
readroffin, the reandismeee of the ball were entreated.
Shaw, vse rentented in mO4, um tried, emnieted, and
trampodel for 10 yam,. The reenibeemas Imo re-
tuned M the Queen's me
office, spat
which the warrant was mad the applicant. Joseph
Byron., rawer*, the he wee arrested by Seal
sad Glow, oaken to the Sheriff of Surrey, and conveyed
to Zerosmaner-lene Gaol. although he dried all know-
ledge elesisk a person as Wood, or that he hod ever become
ball he ham ar any other person whomsoever; and the pre.
oak animation was made for his discharge. Mr Luke
Mof Melina-place, appeared in support of the appli-
mad produced an affidavit of the applicant, who de-
ithaseif as Joseph Hymns, of 25, Whit. Hart place,
Kennington-lane, Surrey, beer shop keeper, denying that he
had ever been acquainted with any person of the name of
William Wood, as set forth in the warrant upon which he
had been arrested as the person for whom he was alleged to
have become bail ; that he never was in the county or city of
Durham, and that he had not, nor bad he ever been or be-
come bail for any person of the name of William Woad, or
entered into any recognisance. for any person or persons
whomsoever. Mr. Briggs said, in addition to that objectioo,
there were two other important objections; the applicant
was improperly described in the warrant; and, thirdly, the
warrant directed the bailiff to levy on the goods and chattels,
and then, in,default, to levy the person. No attempt was
made to levy on the goods, but the applicant was arrested
at once, and conveyed to Horsemonger-lane Gaol, where be
had been in custody upwards of a week.—Mr. Penton, from
the Queen's Remembrancer's-office, produced the record
and entreat of recognisancs from the County Palatine of
Durham and Badberge, upon which the warrant had issued.
—Mr. Thomas, from the Sheriff of Surrey's office, attended,
and said he could not oppose the application, but submitted
that it should be without costs, and to restrain any action
being brought. —Mr. Baron Parke said he should make the
order for the applicant's discharge, as the affidavit was clear
as to his not having become beil ; but he could not restrain
any action unless he gave costs.—Mr. Briggs said he should
certainly not waive his right to bring any action he might
be advised, and would waive the question of costs.—His
lordship then made an order for the prisoner's discharge out
of custody forthwith, but without costa—Wood has escaped.

The Ladad Berea sionned yr lite Yana 11l ester-
day smodec,sad hit it to the jy todebslnwhether
the neon a motion was paid in to the peak ea the weft
of the om es • loan to Helm ea hi psaymi seer
thy. If that the tremelies wee, in the on
nary way, via the boa, their mat should be for the
pleinnff, se the delonint should be hen able for the
nem reseived Was cam eamemp ea their Mali;
bet, if the plekelif bed Mt it le MOM es hie eon
end without einem W the mat of Ms Ma, she
oet altermis miss the alhelhot miendlio. The lememi
='s Monet= delivery el whisk asephil two
wen to the claimant ea new pints,
that tle ictilay43emeal expreesi his unties M Maw
a ball of ossoplioas, a came whisk looms mammary by
the verd=vtilei was found in the piled% kr the whole
unmet