The Express.
London, England, 1848-06-24 00:00:00

SPORTING.

NEWCASTLE-ON-TYNE RACES—Tin ,APAT.
MENIII les l'i.sTE of 30f added to a handicap of 20
SOTS. rash, h ft, and 3 catty If declared. Once round, and a dia. 9of
whom tkelared.
Mr. Metaleineo OUerburo, 3-yr.Wd, get Sib. walked over.
'foss STAK LS Of 10 111 TS each, for 2yr old colts,
sn 71b; and Llke, 84 41b; the second to save his stake. 3 I:putters
of 'gale. (12 subs.)
Mr. J. Scott od the Probe
Mr. lloboces Mysticle (Holmes) 2
Mr. IMP. Velar. brother to Wincsour (Busby ) 3
St• 4 no Velez, and 2to I apt Probe. The favourite Was the Wad
to the Morpet two, and Ilysticlo till hall up the distance where
Probe chalk wed and by • bend.
GOLD Cvr of 1501., by subs. of 10 love. each; the
Surplus la specie. 2 r0i1... (17 nubs.)
Mr. Merry's daanticleer, S-yr old, 94 walked over.
GATESIII:AO or LOTTERY SIAKES of 10 nova. each,
p.p., with 30 added ; the second to save ho stake; for S-yr old, colts
Mt 71b; fl lieu, Set 4117. 2 miles. (2/ subs.)
Mr. .I.oooksoa's Clopping (Mull 1
na Mr. Stepheses Csaalloil
Mr. Merry's -pada (Roberwen,
Mr. Johnvzonea °law ..(Bossily)

Sket r e• . right 5
Mr. Nletkl ,m'4 111G•rburn (Templemon 6
2 w t airg CL,Lobol, S to 1 net Anode, ad 4 to 1 apt Cdraphine.
Comphine mole all Wo tennis& waa weer heeded, and won by u
kngth.
ConINTIIIAN STALLS of 15 sem Paeh, 10 ft, and 5 only if
&el:11yd, with 15 3,1,1K1. 2 wane& (12 auto.)
.Mr. Moillam's riudfni, 1101 7lb
DA Y —IN N K EEI'IIIIS' PLATE of 151, added to a sweep-
Asko. of S sow.. rocli, 3lt ; best'. , mile. (; auto.) Was won by
Mr. Ryan's S yrs, ;at 91b.
Scuuttlr Sint:Ls ; lientleenen riches; heats; T.Y.C.
were won by Little Ja wbo w0...01d by auction according to the
conditions of the racy, to Mr. Liddell, of Wsltbam Abbey.

to Enid[menet.

COURT Ok CoMmON PLEAS,

Puma—Before Oft. Justice Williams and a Special Jury.
HAKOKAVE V. HAKOL4Va.—lsser our or CHAN catty.—
This was an issue directed by the Muter of the Roll, to
ascertain whether John R fbert Hargrave, a minor, who.
appearing by Lis motuer, Mary Hargrave, was mode plaintiff
in the pets nt issue, was her sun by her husband, John Har-
grave, deceased, the c oild's legitimacy being disputed by
the (Igen., tn.:, Wm. J Hargrave, • surviving lon of
John Hwersve. It speared that one Thomas Hargrave,
who died in 1510, (1,-stised property, including the Saracen's
Head Inn, to trustees upon trust tor his son John Hargrave,
for life, Kul upon his death amongst his ion's children
in tail ; under which limitation arose the question
whether claimant was entitled, as the son of John Hargrave
to take jointly with d fendant. It seemed plaintiff's claim
was in reality rosisted on behalf of a parson named Sim ins,
to whom defendant had male over as a security his inter est
in the Saracen's Head. The Ctrs of the case were these:—
John Hargrave, tenant for life under the will, carried on
business Ilia feather manufacturer over the Ipswich Arm",
in Culme.strert, and was married to Mary Snow (mother of
plaintiff and defendant) at St. Bride's, in December, 1816.
'f Ley lived together until 1821. During that period, a son,
Thomas, was born, who d ed in 183/, and also defendant,
who was horn in 1819. In July, 1824, it was discovered by
Mrs. Hay aid, upon her husband's return from Brighton,
whither re had le en accompanied by a person named Mary
Rogers, sometime a resident in the family, that an improper
intimacy existed between him and Mary Rogers, whereupon
Mrs. Hargrave immidiately left leer husband's house
and went to reside with her mother at Woodford, in Essex.
There ohs remained five years. During that interval her
husband frequently visited her, and in 1827 a daughter,
Emily, wds bone, whota legitimacy was not now contested,
but who died in 1835. Mrs. Hargrave afterwards moved to
Globe-road, Mile-end, and was allowed 11. per week for her
subsistence. This pittance was afterwards withdrawn owing
to her husband's embarrassments, who in consequence of
them went in 1830 to live at Boulogne. In 1834 the wife
took a lodging in New Swan-lane, Bermondsey, where she
got her living as a stay stitcher, and in 1835 she moved to
Vale Zephon-street, Borough, and afterwards to Pauline-
street, Bermondsey, when-, in September, 1936, she gave
birth to the plaint:ll; whose legitimacy was now in dispute.
The child was christened by the name "John Robert Har-
grave," at St. Bride•t, the fallowing June. John Hargrave
left Boulogne, id re he lived with a mistress, in 1839, and
went to lira at Woodford. The following year he was
drowned in the Thames. The Cabe for the plaintiff was that
John Hargrave visited England several times a year, during
his residence at Boulogne, in order to receive rent for the
Saracen's Head, to which he was entitled, and upon other
business; that upon those occasions he put up at the Ship
Tavern, Water lane, where he was sometimes vi-ited by hie
wife ; an I that at the letter end of 1835 and at the begin.
ning of 1836 the wile was visited in the Borough by a person
who, there vas every reason to believe, was her husband.
To prove these facts, as presu'uptive of plaintiff's legitimacy,
• number of svitnesses were called, and document', in aid of
their see Bevis's, were produced. In addition a witness et
the name of Mary l'ope proved that John Ilargrave, shortly
befaro his death, and after his return from Boulogne, had
said that he would educate the plaintiff if Mrs. Ilargrave
would let hint, as the plaintiff would be his heir if anything
happened to the defendant.—This concluded the plaintiff's
ease ; and when the court rose • part only of the defendant's
evidence had been heard. We therefore postpone a further
report.

COURT OF EXCHEQUER.
Nisi Prins, at Westminster.—Before the Lord Chief Baron and •
Coratnon Jury.
BROWN V. SCALE.—ILLEGALITY OF IMPROVEMENTS By
ORDIUL OF THE SAINT M•RYLEBONR VESTRY.—In this
case the plaintiff was the landlord of the house, No. 18,
Upper Luson.strest, Marylebone. That street was formerly
a very fashionable one, awl bad small gardens in front of toe
houses. Tne character of the street having been altered the
gardens became neglected, dr; walls were levelled nearly to
the ground, and the spaces formerly ornamented by flowers
and shrubs became the receptacles of filth. The inhabitants
of the neigLbourhood memorialised the vestry repeatedly to
161110•0 thew. remains of departed gentility, and to
cover the whole space in front of the hbuses
with a flag Ferment. The vestry at length determined
to interfere, aed to carry out an extensive scheme of im-
provement in the neighbourhood, and instructed the defend-
ant, their surveycr of pavements, to remove all traces of the
gardens in question, and to substitute a Hag pavement. This
he did ; and it was :or his so doing the plaintiff brought this
action for the injury done to his reversion in No. Pl. For
the plaintiff it was al'Aged that the improvement was an in-
jury to his house, as the vaunt space in front was a great ad-
vantage to any one who would wish to carry on business
there, and would desire to expose his goods in the open air;
and that he had all along protested agigrost the proceedings of
the defendant and the vestry. On the other side it was con-
tended
that he had assented to the proceedings of the I
vestry, and only complained when he found that they were
not carrying out to the full their origin,l plans, which it was
now said they meant to do as soon as they should
have obtained the consent of all the inhabitants.
—The Lord Chief Baron, in summing up the cue on these
conflicting allegations, said that if the vestry acted without
the consent of the plaintiff the defendant was liable, how-
ever desirable these alterations might be in themselves, as
the vestry 114.1 no right to interfere with. the plaintiff's pro-
perty, even though it might be fur his benefit, without his
consent. If the jury believed that the plaintiff consented to

the sittrations they would find Ca the defend rot ; if they
believed that he did not consent they would find tor him,
with such damages as they would drum commemorate with
the injury which he h. d austained —Th± jury, alh r a short
consultation, found iur the plaintiff.—Damages, 40.

EXCHEQUER CHAMBER.
Sittings ha Error before the Jodjes of the Coronas fleas mod Barons
of the Exchequer, &cm the Court of Queer's germ,
DOUGLAS V TES QuaiI.—INUICFMONT FOR RECEIVING
A GIFT FROM AN INDJAN PRINCE IN CONTRAVENTION OF
THE STATUTE OF (hlOllOll DI —This Me was partially
heard on Monday. The plaintiff in error is Capt. Archibald
Douglas, formerly an offieer in the East India Company'.
service, and poletnial resident at Tanjore. He was tried be.
Eire the Court ul Queen'. Bench on an indictment for having
accepted a gilt of rupees from the native prince, in contra-
vention f the statue. 33 Geo. 111., eap. 62. Mr. Douglas was
-.-onvicted and sentenced to imprisonment until he should re-
turn the amount of the um an valued by the jury.—Mr.
Pear ck, for the plaintiff in error, argued against the judg-
ment of the court below, inasmuch as it was held lent,
in consequence of the difficulty of proving such
transactions, a greater latitude amulet be permitted in such
indictments than was the practice in this country, end that
it was ant rat censure to allege in the indictment that the
owner was an Asiatic., or that the money was the propertt
of the donor, or iiir whole use it was received, or that it was
ceired under colour of Mr. Douglas's office. The learned
counsel entered into an elaborate argument on tie, re various
points, and he also contended that in terms of the statute •
person convicted of receiving a gift should be imprisoned
and fined, a. d return the gift or the value of the anus,
whereas the jury having valued the sift at • certain sum, vie.
2-5,000 rupees, the court sentenced Mr. Douglas to be
imprisoned till he paid tho value so found, instead
of allowing him the option to return the gift or
the value of it —Sir Frederick Theriger addressed
the court at great length in support of the decision of the in.
tenor court, as being strictly in terms of the statute above
cited. His argument, as may be presumed from the nature
of the point in qui slime, was of a very technical character,
and could hardly be understood by the unpr fessional reader.
—Mr. Peacock having briefly replied, Mr. Baron Alders JD
said the court should take time to consider the questions
raised.
The court intimated that they should boll at'ditional
sitting this day, with 'lie view to dispose °ramie of the cases
oa the hut of enure from the Court of Queen.'. Bench.

COURT OP BANKRUPTCY.
Before ML Cummb.ioncr Uoulburn.

RIGHT OF FllOO AGAINST CO-TRViirEFS.—The ad.
journeel last examination of C. H. Brown, briclemeker, of
Peckham-rye, was fixed for yesterday. The accounts had
b. en filed, and the balancesheet, which cemineliced lit of
January, 1845, showed debts and liabilities to the amount of
3,3061., ..lso a further sum of 3,02'21. fully second. His
assets amounted to 1,3451., leaving a probable deficiency of
1.9611. His profit. had been 3,1671 ; domsstic expenses,
8771. ; trade ditto, 1,8811 ; losses, 1,7781.; law char.'s, 1191.
The assignees aid not oppose the p 'ming of the bankrupt.
A question ero-o on a prof fur 071., tendertd by /deans.
Pox and Biddulpb, the bankers. which sum was due jointly
hem the bankrupt's and a person named Oars, as cu.
t waters. It appearing that Oakes was so:vent, the Cons
ashisioner held, on the authority of a recent case in " Mon-
: tagu's Reports," that the debt could not be 'roved against
the bankrupt estate (except only for the purpose of the
choice of asaignees), mai the creditor had proceeded egg nst
the solvent trustee.—The proof was accordingly withdrawn,
tee Coomos'esioner remarking that by doing the coeditor
would have the bottir chance with the solvent party, as,
had he prov d on this cant.., he would probably have heard
of it " is another place," as the saying w .S.
FAILURE OF A DIAMOND M LID2IIANT. —The last ex-
amination of Lyon ti 'mu' I, silversmith and diarnoud nue-
chant, of Dury.stnet, St. Mary axe, was appointed for
yesterday ; but the balance-sheet, although in a state of for-
wardness, not being ys t ready to file, owing to the extensive
character of the accounts, an adjournment necessarily t t k
place. It is said that the debts sod liabilities will amount to
70,0001. The baekrupt, who c immenced three peen and a
halt ago, with a capital et 64,0001., attributes fits failure to
the recent commercial panic, and the cones quent depreciation
in the value of the articles in which he dealt.
Before Mr. Commissioner nehlanque.
IMPROVIDENT TRADING —George and Alexander Webb,
twine merchants, of Great St. Helens, applied for their certi-
' bates. They were supported by Mr. Lawrence, and opposed
by Mr. Gale, for the assignees, principally on this ground of
reckless trading. Th it balance-sheet, which extended from
the 11th Octob, r, 1843, to the 31st December, 1817, showed
debts and liabilitiis to the amount of 10,3731., and asses
about 1,100/. Their profits had been 6,3311. ; their trade
raps win, 6,7091.; George Webb had drawn out of the con-
, cern 2,1731., and Alexander 1,8741. ; losses, 4.1411.—. Mr.
Lowrance attributed their failure to the recent pressure on
the wine trade, owing to the article being one of luxury, and
observed that many coneiderahle houses had been borne
down in consequence.—The Commissioner Paid it was
impossible to view thi• as a case of misfortune only;
it was one of gross imprudence, which had been
aggravated by the fallagous account ro ndered to the
creditors before the bankruptcy. This wi-a too often the case.
When a man met his creditors instead of eetimating hie
assets rather under the mask, he more frequently doubled
them ; and nothing was more calculated to irritate. creditors
and excite their hostility in that court. They had gore on
drawing about 1,0001. a year out of the concern more than it
yielded—a court' which could not end otherwise than in
ruin, and of which the court must mark its sense by a sus-
pension of the certificate's, with a view to deter other traders
from pursuing a like course. The bankrupts having held
situations in eminent houses, and had the his'. opportunities
of acquiring a knowledge of the way in which business ought
to be conducted, their conduct was the less excusable; nei-
ther could it be justified by the recent pressure of the times,
for their dealings during eeveral peals had been uniformly
unsuccessful, and each as ought t ) have led to an earlier sus-
pension. The certificate of each bankrupt must be suspended
for &period of 12 months.

MIL REYNOLDS'S BANKED PITY . —George William
M'Arthur R,•yo 'ids, publisher, of the Strand, came up for
his last examiaation. The h ilance-sheet extended from the
lit of January, 1847, to the 12. h of May last, and contained
the fullowing items.—To creditors, 2,1091 ; ditto, secured,
; profits, 6331. By property given up, 1031.; ditto in
hands of creditors, 2121.; bum, 2191.; trade expenses, 3771 ;
domestic ditto, 8.5!/. ; law costs, 1131. ; deficiency on the Ist
of January, 1147,1,7001.—Mr. Sturgeon supported the bank-
rupt, who paced his last examination without opposition uu
the part of the assignees.

Before Mr. Commissioner Ponblsnque.
THEORALD AND CLIUKCit'A B.SSISIMPTCY.—Yotterday
was appointed for the adjourned last rumination of
thi ribald and Church, coke manufacturers, of Colchester and
Deptford. The accounts, which ore extremely voluminous,
bad been fihd, but not in sufficient time is give the assignees
the opportunity of thoroughly investigating thrni. Undir
these circumstances as adjournment was applied for and
granted for • month. The bankrupt Theobald underwent a
protracted examination as to several of the items in the ac-
counts. There arc two joint balance-sheets, one (or the
partnership of Th,obald nod Church, extending over three
years; the other of Theobald, Church, and Dow', of
Deptford, comprising only six months. On the former, the
amount of debts and liabilities is 4,5191.; on the latter,
3,3701. The private balance-sheet of Theobald, which corn-
rises a period of eight years and a half, shows debts and
liabilities to the amount of 8,5001, besides7,2B.3l., secured by
property iu the hands of creditors.

MIDDLESEX SESSIONS.
Before Mr. &dean( Adams.
GAMBLiNG-HOVSI: PIWSECUTIONS--Mr. Brierly appeared
on behalf of John Bond, the gambling-house prosecutor,
whose name figured in our report yesterday, and mood the
titan to remove the entreat from his recoaniaances. The
sun, the learned counsel said, had, in the proper exercise
of its discretion, ordered Bond's recognisancea to be estreated
on the ground that he had not effectually followed up a pro-
iccution which he had inati.uted against certain persons for
keeping a common gambling house. There were two indict-
ments yet untried, in whteh Bond wu prosecutor, one
charging Robert Ashdown, and the other Charles Price and
others, with keeping gambling-houses, but this court seemed
to entertain an opinion that those prosecutions had been
instituted from some corrupt motive, and not for the further-
&nee of public justice, and further, that Bond had neglected
to avail himselfof good opportunities that had been ado+ ded
of arresting the defendants.
Mr. 8.11. Adams inquired the precise nature of the ap-
plication, and the grounds of making it.
Mr. Brierly answered that Bond had effectually prosecuted
one gambling-house keeper, had brought another into court,
and was doing his best to apprehend the remainder. Harding
bad only escaped through a technical difficulty Mr. Ballets-
tine thought fatal; sad Band was now prepared to swear
that ho pressed Mr. Ballantine very much to go on with the
case, and fully expected that he would have done so. Hard-
ing's escape was not therefore to he attributed to Bond, and
he asked the court to resonsidir the case and remove the
Wrest,. .

—Mr. Seri. Adams said the court required Band to make
an affidavit, thowiog what means he had adopted to take
the defendants—who had the custody of the warrants—what
police officers had been employed—and where the defendants
had been searched lor.
Bond : Will your lordship permit me is speak ?
Mr. Berj. Adams: No, you are iu the hands of your
counsel.

Capt. Riley, Bond, and a policeman named Charles Pa-
tience, made affidavits, which were handed to the court.
Bond in his swore th.it several police-officers had refused to
execute the warrants when he asked them to do so.
Mr. Serj. Adams ordered a copy of the affidavit to be
forthwith sent to the commissioners of police, so that the
charge against the police might be investigated.
Mr. Brierly said these prosecutions were of much public
and social importance, for it could .not be denied that
gambling-houses produced much ruin and misery. There
was a young man in the Queen's Bench prison at the present
time, who, eighteen months ago, came into a fortune of
15,0001., the whole of which haled been robbed of in these
very houses.
Mr. Serj. Adams said the court knew full well that
gambling-houses were dens of infamy, and sinks of iniquity
of the worst description, and the court felt how desirable it
was that they should be put down. But the court was not
blind to the tact that this Mr. Bond, who pretended that
he came forward on public grounds, and was " a
novice," actually, not twelve months ago, wrote to
a man, and under a threat of prosecuting him sea gambling-
housekeeper, demanded 301. If gambling houses were to be
indicted, it should not be by such men as those. They were
not prosecutors from public motives; and if Bond was acting
on honest principle, and really wished to see the defendants
lace to face with justice, he would not hesitate to give the
warrants up to Inspector Shackell, who had pledged himself
to arrest them at any hour Bond chose. If he did that, and
assisted u well as he could in carrying out the prosecution,