The Express.
London, England, 1853-02-05 00:00:00

!LAW lintelligence.

JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL.—YEISTIRDAT.
rumor—ft J. Zenner Macs Ma J. 'realism Sea J. P• 117110
ISO Mess 07 TOO AINSIZALTT COMMT, as. Silt EDWAIRD
Ix Tits MATTI* OP 11111 PBTITIOM OF WILLIAM
Salem v. Cant •MD AILMITIIOIIO.—TuII
TIM ILL
The remsoadent, Joha Carr, is Chief Justice and Re-
model of Freetown, in the colony of Sierra Leone, aad also
Judie of the Vice-Admiralty Court, and Robert Arm-
oires' is AmistanoJadge of the said court of the Recorder.
This petition of the appellant sat out that the petitioner
VIM ma advocate cad attorney in the coons of law in Sierra
Leese and that he had been eateosively engaged is the colony
ta the practice of his profession; that, in the month cat
June lust he was retained on behalf of one George Osmond
l'ataelli to prosecute an action against the lion. Charles
Meddle. • merchant of Sierra Leone, and a member of her
Majetty's Council is that colony, and also an Assistant
Judge of the courts in the said colony, upon a special con-
tract for wages due to the said George Ormond Patent', as
the factor of the said Charles lit ddle ; that, in the course of
the trial he called fur the production of the hooks of ac-
moat, end certain other documents having reference to
the matters at issue, and which were in the eastroly of the
defeadaut in the cause, but which) the defendant refused to
produce . that he respectfully appealed to the court to enforce
the production of then books, as was the usual practice;
that the Chief Justice did not notice the appellant's &poll-
°Maas, but desired him to proceed with the ease,
which the appellant was Compelled to do accord-
tautly, observing at the nun time that he had brought
all his client'. boots and papers into court, but that he feared
he should be obliged to withhold them, as if he did not do
ei he would be giving the defeat ant an advantage over his
cheat that the appellant desired the court to go on with
the ease which he ateordingly did, and he brought his
cheat's .tee to a close; that the advocate on the other side
having addressed the jury he began to examine his wits
and proceeded to pot irregular questions to them ; that the
appellant objected ; that the Chief Justice in an angry and
violent tone told the appellant to sit down, which he did ;
that the appellant took • second objection; that the Chief
Justice in a discourteous end arbitrary manner,
desired the appellant to sit down and be si!ent ;
that shortly efterwards the hooks of the appel-
lant's cheat were called fes ; that the appellant
declined to produce then unless the defendant's
books were also produced ; that the Chief Justice coo-
eluded by saying, " Then, do I understand that you refuse
to proclaim the books ?" that • repetition of the same
matter occurred over endwise again—that the Chief Justice
desired him in an angry tone—" To sit down and he silent
and keep hie mat," but claiming and insisting on his right
to intercept the opposite counsel, and prevent hie putting
leading questions to his wituemes, the appellant was or-
dared by the Chief Justice to be toed in the sum of 201. for
contempt of court, that the sppeltant did not allow an
improper word to escape from his lips, further than to in-
list upon his right to be beano ; that immediately after this
gala was imposed, the Chief Justice observing that •
great sassy pathos& in court felt for and sympathised
with the appellant, remarked that the appellant
wet sating in • manner which was likely to induce persons
to believe that justice was Ent likely to be done to the ajw•
pellant's client which the appellant felt was the fact; that
the Chief Justices declared him guilty of • contempt and or-
dered him to be fine i in the further sum of fifty pounds;
that the appellant submits that the imposition of such fines
was an arbitrary and unjust exercise of the authority of the
mart by the Chief Justice ; that in the conduct pursued by
Ike appellant there was nothing irregular, illegal, or im-
proper towards the court; that the appellant only die-
ehaegod his duty to hie client; that the appellant denied
that the representation of the facts which led to these pro-
esteldiati as repromat on the minute of the court, was
others; that holm fearful that he would be ar-
rested for the then, he had paid the sums of twenty
panda and My pounds to the clerk of the court,
flistritiag at Mot Mae time spirit the legality of the pro-
:Mrem& Oleg sotto ells intention to appeal ; that
of theism's Asa peeseeded, but the Chief Justice
permitted the sew ewes, so prejudicial to the appellant,
to be adopted an tk. ether side ; that • short time after-
wards the wittiest was again fined IW. for contempt of
omit the contempt being that, having addressed the
Queen's advocate, he was ordered to be silent, and then he
made the following observations to the judoe When- •
over I get up to speak Imu interrupted.' In consequence
of the conduct of the judge, the appellant declined to
tender any more bills of exception than he had already
tendered. The judge asked hire why he had not done so,
when he alleged that his Honour's conduct had been tanta-
mount to • refusal to allow him to do so, whereupon he was
again fined 50/. for contempt. The fine not having beta
paid, the Chief Justice caused a writ of espies and Seri
funs to be issued against the appellant, who was arrested
lint obtained his discharge, the writ having been issued
selthout a seal, on indemnifying the sheriffi Having left
tho colony the appellant's attorney, pursuant to • notice
nerved on the clerk of the court, who had, by the direction
of the Chiet Justice, issued the writ without the asaistanee
Of the crown head officer, in ned the court of the recorder
an the 22nd of November, 1851, for a ride to show
ewe why the writ should not be set aside oa the
ground that it was void for want of seal, bat
the Chief Jostles refused the rule. Ia consequence
of this decision, the appellant's agent was compelled, on
his miemint, to pay the fine of 401. The appellant alleged
Oaths felt deeply grieved by these oppressive and arbitrary
proceedings, not only in a pecuniary and professional way,
hot what was far more important to him, by the imputa-
tions With had been cast on his conduct, the effect of
which and of the orders made against him was to preclude
him from the fair thereto of his profession in the Re-
eorder's Court. He farther complained that the proceed-
ings were wholly unwarranted, hash, and oppressive, and
were a violation of his jut rights and privileges as au
advocate. In conclusion, he prayed that the proceedings
might be duly referred for inquiry to this wart, with the
view of obtaining the relief to which he felt himself en-
titled from the grievances alleged in his petition.
Mr. Watson, on behalf of the respondents, moved the
women to allow time in order that the Lord Chief Jostles,
one of the respondents, might have an opportunity of
answerino the affidavits put in by the appellant,
Mr. Wheatley appeared on behalf of the appellant, and
opposed the application; but
The Cuenca decided that the Lord Chief Justice should
have an opportunity of answering the affidavit put in by
the aopellent, and the come was accordingly adjourned
etas die.—The Council then adjourned.

COURT OF WIWI, JIINCIL-YESTENDAY.
Sarrutes a Basoce—lipeekhommOssaasse, Wsearmais.

MIS lemma&
LIAILIY IP. GTIL-111DLLI. WAO/111114.
This me muse beim the asset ea a demurrer to the
plaintiff's dednenelem,.the stalset Wag whether sa motion
would Us wise the agent Ise haviag procured sad
attired" Kele. Jobanna Wainer to break the contract she
had wand has with the plaintiff. Mr. Willis wee heard
M the pan of the defendant, when the ease was sdjuartud,
k ilemestimemme Justice Coleridge being obliged to
Woad 'bombers.

Mr. Cowling will be beard for the plaintiff toinortow
tilbattp).
A? NM
ILIAMAN r. JONDSON.—ii;;IZT PAID PO AN ATIONNIIT

FOOS LORD C• 1171111.1. •ND • Snow.

TO !STINT.

This was aa setae° brought to mimeo ide, Mom Yff WW.
The first • omit of the declaration stated dist ea Mhe lith of
August, 1830, the defendant made hit sets hs
writing. promising to pay the said sum d The
second count set out !bat the degasdast mu as attorney,
sad that is the )ear 1800 tin *We iierseited with him
the stun of 1,67 W. for the pvpwa of bribe the same is
meted on mortgage, which imostmest ha. bad failed to
make. To this **defendant plaided, dredp, be bad sever
made the nom; an# secondly, that the amid mum had sot
bees as left with him for larnltinflai. Upon thfa Woe wee
joined.
Mr. Hugh Hill, Q C. (with whom was Mr. &rill) stated
the planetary case as follows :—Mrs. Harman. the plaintiff,
wee a widow lady, whose husband died is America in
MA& TM defendant or mid is • solicitor, who in the year
1850 woe a member of the firm of Smith and Johnson, of
36, Lincula's-ind-delele. Mr. Human returned from Ame-
rica shortly before the you 1850, bringing with her about
2,0001 ,the whole of her property. As it woe istmetant to
her to obtain as large an income es peselble from so small a
capital she went to the eta of Mere. Smith and Johnson,
Mr. Smith having some pram previously transamed badman
he bee, and saw Mr. Smith with *krona to an invevt-
meat. lie said his firm would be able to lay out the I
mane y on mortgage for her at 6 per cont. ; is the mean-
time that it should be paid into a bank for
ash keepine. Under hided's., she paid the money late the
Omamercial Beak of Leaden. Urn the 27th May, 1850,
she was at the dace of Smith and Johaeow, and Mr. Smith
told her that he had two iayeetneests suitable for her—ose
for 1,0004, the ether foe 67W. She accordingly gave bins a
*ape for 1,6701. At a subeequmst time eM gsve to Mr.
Smith another cheque fee 1001. for =ether havestment.
lime weeks elapsed, and she called *know if the mortgage
deeds tern oomplued. alba mw Mr. Smith, who told lier
they were sot yet son pieta, but that the Arm would allow
bar won't soon the man in their bands until emnplee
des. Upon the 10th August. 1850, she eels called sod
gala maw Mr. Smith, who said that various circumstances
had delayed the completion of the deeds, bat, lee her sua-
vity, be would give her the promissory mote of the drm fee
the 111160•11 C. The note was give* in this form :
" Leaden, Avant 10,1050.
" Two years after date we jointly and severally , maim
to pay to Mrs. Mary Ann Merman or order 1,6701., and in-
terest thereon at h per cent. per annum.
tt (Signed by Smith),
" Sierra and JOHNSON."

Same little time after this Mr. Smith's affairs became in-
volved. and in 1861 he became hopelessly iaeolvent. lb*
plaintiff applied at the office of Smith and halms for the
aspect. d m• ermine deed', but they hod arm bees forth-
sesimg. He therefore brought this Masa IS aim as
snout of her capital. The learned MU that ha
Use tit•ouc,i..it• not to raft the 11.1 spas
Mr. Joiin...n, and it was, he admitted, Mbar hard that he
should be cblipttd to make up his partases &facetious.
Sot it wood be still harder fee his sliest, who bad mind
upon the re-pecrability of the firm, if she were to lose her
&spitel antler the circumstances be had detailed.
The plaintiff was adieu to support this rue. tier eri-
isms was ,o the same effect as the above statement.
Mr. Ca•logar., chief Owl' of the Commercial Bank, was
also cal.ed. lie Droved the, a partnership 'aimed between
Smith and Jvhmaon ; thee bills wens draws by the firm.
sometimes in the handlositiag of Smith and sometimes of
Johnson ; that all each hills were estemd ts the account of
the firm ; that the sots for 1,0701. wee is the handwriting
Of Mr. Ward, a clerk at Smith and iikkasea's.

In his moto-sznoination he stated these feels :—No pan
of the sera of 1,5701, drawn from Mr. Herman's sasount,
went to the account of the Arm ; but that it went to the
ete,lit of Mr. Smith's I riv.te account. The 1001. drawn by
Nis. Harman by a subsequent cheque, went also to the ae.-
count of Mr. Smith. In IMO, Mr. Johnson went abroad;
be cams back about the end of that year for a very short
time, and again went abroad.
Mr. Macaulay (who, with Mr. Phipeon, appeared for the
defendant), submitted to his lordship that there was no ease
for • jury. There was no proof of any authority to Smith
to draw or accept bills, end there was nothing to show that
the bill in qdestion was ratified by Mr. Johnson. There
was nothing to alter this ease from the ordinary rale of law,
that an attorney cinnut bind his p•rtaer in a bill of ex-
change. As to the second count, he submitted that the
transaction had nothing properly to do with the partnership
business of att ,theys and solicitors. Mr. Smith was acting
rather as a scrivener on his own anytime.

Lord Caraphell was of opinion that ea to the mecand coast
there was abundant evidence.

Mr. Macauley then addressed the jury, sad called the
detendsist to prove that the transaction rested entirely
with Smith.

Mr. h Hill replied.
Lord Campbell ennuned op.
The jury returned a verdict for the plaintiff for the
amount claimed.

COURT OF BANRRUPTCY.—YErrzaDAT.
llamas Ma. Cooramionan Irma.
Ix as Sumer.
This was the last examination sneering in the ease of T.
Secret, brewer, of Basset. Hie debts were 4001. ; no
amen, his property having been taken under execution.
Mr. Goren, fee the reignites, asked that the bankrupt's
protection should be refused, stating that a more mandate=
cane had rarely been brought under the notice of the court.
All the property bad been swept away by a favoured credi-
tor under an execution, in defiance of the rent of the credi-
tan. When asked to sign a declaration of ioaolvenry the
bankrupt had peremptorily refused, and consequently per-
mitted the execution to take effect. The executnn creditor
was a Mr. Thomas, a whom the bankrupt said he owed a
sum of money; bat there was not the slightest a= of much
a debt In his books, nor any other evidence of It. The
assignees believed that not a farthing was due, bat that the
execution was the result of a collusion between Thomas and
the bankrupt.
The Comrainioner—lf Thomas has got the proceeds of the
execution, wby not sue him?
Mr. Goma said he was not worth a farthisg. His had
sold every Melones worth of property on the bankrupt's
premises, and where the money was gone to the assignees
could mot tell. Thomas had been examined, and said the
bankrupt was ind,bant to him for loans advasced at various
periods ow 1 0 U'e.
The Commissioner—Did he produce the I 0 U's

Mr. Gores—Hs produced rap Wilmer which he called
I 0 U's, but there is sountldge mey estmerdisary about.
them ; they are all written is the arse ink, though the
Ant bean data January, IWO, sad the last December,
1561.
The Con.-'- .

Mow does he account for that ?
Mr. Oorea-11e says he bought • large quantity of inky
which lasted him all that time. He said there were sat**
in a book of the loses, bet on reference to the book ISM
only two other entries in it, one of them respecting the km
2s of . and the other a loan of ls. These entries are alms Is
the same ink. He says he kept no cash book, but kept this
book in which to enter the money he lent. The 1 0 U's
presented a most suspicious appearance ; two were evidently
torn off the same piece of paper, though many months in-
tervened between their dates. When pat together the
pieces of paper exactly fl•ted.
The Commissioner—Those things ought to have been
im-
pounded. It is not at all improbable, from what I can see,
that they might go a great way to sustain a prosecution for
perjury. There certainly seems to be strong evidence of
gross frond.
The bankrupt was then examined by his Honour.
The Commissioner—Now, on the obligation of the solemn
declaration you have made and signed, were not those
11 U's written on pieces of paper forming a portion of one
ndiliesez:Rof Pe
r ?
were not.
OSIMEMMOner—WiII you positively assert that
Bankrupt—Not to my knowledge
Commissioner—Were they not all written at the same
time ?

Benkrupt—They_were not.
Commissioner—Than is it by mere chasm oraecident that
these several pieces of paper tit one another ?
Bankrupt—That 1 cannot answer for.

Commisiioner—But you admit that the pieces of paper,
when laid beside one another, BMA together t
Bankrupt would neither admit new deny it.
Mr. Goren was then sworn, and deposed that, In accord-
ance with the instruction% of his client, he went down to
Barest, and found an execution in the bankrupt's house.
Witness asked him to sign &declaration of ineolveney, which
he refused to do, and told hiss the object of h.
Bankrupt—Yes, and you told me that if I did not sign it
you would have say eertificate suspended for three years.
Mr. Goren—l certainly told you I would maks you a
bankrupt, and that in all probability your °artifice*, would
be suspended for three years, if not refused.
The Conunissioner—l think that uncommon!, likely from
the present aspect of the case. Ls there anything whatever
fee the creditors ?
Mr. Canna°, the official assignee, said be had received
something under 40s.
/dr. Goren—The bankrupt is entitled to a considerable
reversionary interest at his mother's death.
The

If the bankrupt thinks to satisfy sae
Milk Balkh SMISIMst as ULM be must consider a court of
Wle Whew thre the blindest mete. He has vio-
-18 1410 ISM pailelphe amilimpt law, which is to
prevent sea esedtsw hem sereopisi away the whole of the
11"31.113*,r. who appeared for the bankrupt, re-
ammiand sad 'Maenad him to tall the whole truth
the I 0 U's; but the bankrupt rive no other
the transactions.
is rid be would allow him to pass his last ro-
adside,. as there was no objection to the balance. sheet;
has he osnalff set NOM hiss fm a single ker. The pro-
em*, Ibb ewe NN set ads fur knave% but for
6NI Ma emit weld not protect him for a
Vaipm he fissaiesd a very different aestront
el -the eselleate Nimbi be Waled altogether.

CENTRAL CRIMINAL COURT.
NEW COURT.-YZEITZ/DAY.
loam■ rsa Maoism&

Williams Watts, 21, carpenter. pleaded guilty to an in-
dictment him with feloniously shooting at Alfred
Carter, with a pistol, with intent to maim and dis-
able his, sail she attempting to shoot at certain persons
unknown with ideal to murder.

11-4..;:ett:BikapT.;;;;;; who is a wild seafaring
looking mg, bed bet a short time sines eine frees the
land of geld, sod treat the time of his landing mail be was
taken iatweeMetly, a few days after, he IMO WIIR mbar,
bet went sliest in tree Californian style, belied mead the
waist wenging flenrpistols, one of which, ,peaty, d kit
re applis be Ind at the constable Wile wee
only kedid ebb powder, but the others, mbieb. be Mel
in mewl dr crowd, were leaded with bell. IS wee deer
that be lei se eadleleee West.

A god ebesealer keetfree bees gives to prisoner, he was
Illsilasoil be them nestle'
Jain Hoary Oerdsrk sliair Ake Saeith alias
Siiihors were indated for eoespiracyM detrsod.
The prime" showers f.sM 1040 a lona by es the
melees might is ebb earl. wen sew leseobt up hem-
line& no hole imam to their eoseilles won Wpm-
dosed to we of Us 'bargee 'phase OW% sal pored to he
these. The primers, who have both WS hied is Ws
court, ere knows by a groat number of some. awl hew
portion of a gang who, by giving ewe ameba 1.41111/1/1/14
hare bees enabled to swindle the public to a peg 111111iat,
snore so some yeas than lately ; the very wosseeso
eonvietione whisk We& gime about time yeezzersed
the long tern of impriseamot whisk Ahmed,
1 the p Coma of ma ;fltl thdr sesdaw epee's& 17
immures been and al M Is 0
ee, is irdh-
place, New-reed, dad engaged a bulkier, to whom he paid a
snail eon is advesso,to it it as a beer-beess He then
went to &soda and Ones% the brewers, of Zwapateed,
to nod Ilia is beer. He raid he wed heels hew
Devonshire, sad referred his to the pelmet Hallib,
who had just, by reference to essiest of the
r, got pommies of • hoursin
iled-town. The brewers went to 18217:111;
appeared to be carrying on the business of a tailor, and with
• yard worm resod his Neel, and all the miasma of
business, mid Smelt wee a sew of high 'resin. Garrett
them drew a UNpen it will, and having got wee money
front Mews. iaedall, which with the beer amounted to
SOL, they wen rabeecpteatly nen *IL
Ile ether cases were gone into, and the Retarder trans-
ported these for 7 pars.
Maas Yuma sad glint .Viouu, who were eoavieted en
Wedseeday of eoiniag, were brought up for Judgment.
The alma wee sentenced to 10 years' transportation, and
the woman to U iseathe insprieeement.
Mast hose" • desk la Mews. Glyn, who pleaded
'silty to arealkg book ogres from hieusesten, was breeght
up and ordered to be traasported for 7 years.

THIRD COURT.—YzernDAT.
Swaim to Wow eiranarr.

Waliaas &mar!, $2, porter, and 77aomar Taylor, 20,
printer, were found guilty of breaking into this warehouse
of William Willianuon, and stealing 2,000 silk handker-
chiefs, valued at 1801.

1 The court sentenced them to be transported for tea years.
In the co/MI of The Queen E. Hamls, indicted for perjury,
I where the bill had been preferred and found at the Middle-
; see Seasions. holden at Westminster, and moved by a writ
of certiorari to this eourt,

Mr. Metcalfe applied to have the indictment quashed,
on the ground that the Court of Quarter Smaions have not
the juri-diction to originate an indictment for perjury. Aa
indictment bad recently been quashed for the same reason
in the Court of Queen's Bench, before Mr. Justice Cromp-
ton. This indictment was in other respects faulty, and
they intended to prefer another at this court.
The Common Serjeaat ordered the indictment to be
quashed.

THE MAIL TO INDIA.—The Peninsular and Ori-
ental Compkny's steamer Rivnlitt Southampton yesterday
with the India and China mails. This is the first bi-monthly
despatch undo. the new contract. The Ripon took out
shout 50 pawn:were amongst whom were Lieutenants
Olinn and Coffin, Admiralty agents in the India and China
seas. The mail consisted of about 60 boxes, which will
cruse the Desert, besides bags for the Mediterranean.