The Express.
London, England, 1849-06-14 00:00:00

NAVAL

ADMIRALTY, 10111-tB.:PITO—MOVIONS. Frederick J.
Pretheroe, and Joen 13ytheem, to be Lieutenants.
William Graham, to be Acting Lieutenant.
APPOUrrIDINTS.—MIDSHIPMAN: John Forster—NATAL
Drumm: June T. Poole, and Richard B. Lambe--Guniesa:
Wi lima H. Moore to R
NAVAL CADET : W. A. St. John Mildmay, to Superb.
PoRTSMODIII, June 13—Grappler, at., Lt,-C Ly-
sight, waived this afternoon from coast of Africa, haling
lift Luanda on Ist of April and touched at Ascension, where
the Centaur and Tortoise were at anchor, and on 21st of April
Cyclops, at , arrived, just pro: to Gra; p.m sailing. Water
was very abundant and of excellent quality, and the island
was very healthy; the mountain gardens under the are e f
Mr. Wren were in a very improving and productive state,
and the supply of turtle was Road. Left Sierra Leone on
the 3rd alt., leaving Sealark, Waterwitch, and Pinto, which
latter vessel arrived on 2nd ult., bringing intelsigene• that
Governor Macdonald was gene up the Gambia with part of
a West India Regimen,. the Militia, and all other I
force be could mike', to have a " war palava" with
the natives, who had greedy insulted him on a pre-
vious vitt'. There bad already been some hostilities
between Pluto and the natives on the coast, and some sharp
bush and at chade fielding had caused a loss of Mr. Moor-
man (mate), and five men wounded. Mr. Moorman hae
sines recovered from his wounds. At the Gambia • requi-
sition from the colonists had been presented to Lieut. Ly-
aaght for him to remain and protect the colony ; but as
Grappler was full of invalid men, women, and childien, sad
as the smallpox wee raging on snore, it was not deemed fit
to communicate with the land, and the requisition was not
complied with. Arrived at Gone on 9th ult., and sailed an
12th ult., Leaving there the French comm don, and tam
French ships of war. Put into Camera on 21nd, to coal, as
the strong contrary winds had caused • great consumption
of coal: a schooner went to Teneriffe, and brought up the
male enabling Grappler to sail on 27th for Teneriffe, which
was reeshed on 211th. Sailing osi 30th ult., she arrived at
Madeira= let inst.,and left for Spitbead on 2nd cost. Firefly,
se.-v., in the Bights had lately made 2 prises, both fall, and
Grappler, during her stay on the coast, bas male 13 captor. a
is all. On her primate irom Loanda to Aviation she cap-
tured the schooner, Diana, empty, and placed Mr. Beek on
heard as prissyneeter. The fee:owing officers came home by
this sh:p :—Ltrue Norman, late of Alert; Lieut. Morris,
Mae of Tortoise, appainted to Favourite; Mr. Wickham,
paymaster sad purser of Tortoise Rev. Mr. ,11,
VMetted to Superb; Assistant Surgeon Morgan, Ball,
iamlided ;
r. Reymoud, late cs onmat der of Soap ; 79 iavaids,
wines, women, and children, have also come hoses by
Greppl r, the marines being men who ham exceeded their
lime of mrine on the coast. The steamer came into harbour
lest evening, coaled, and sailed this afternoon to the E sit-
ward to be paid riff. Acting Master Belton, who took out
Dever, fur the colonial governmsnr, returning to En -
land in Grappler, died when off Comers.
COVIIT-NARTIAL.—Mr. John Itartray, gunner, of Blen-
heim, was put on his trial this morning, on a charge of
Witdrank on the Ist June, and is: capable of performing
ty. The charge was proved by two officers of the
ship ,• and the prisoner, in course of his defehce, prcduced a
comfier of meet excellent certificates of his conduct for the
24 years he has bean in the service. The court found the
dune fully proved, but, in couuquenee of his long servi-
le& sad previous good conduct, adjudged the prisoner to be
dismissed his present situation, and to be reduced from first
dens gunner to third class Runner in the Ravel Navy.
throwerto THs VieTOUT.--In consequence of the exor-
bitant charges lately made by the persons on board
the Victory, the followiug notice is posted on board,
end • copy given to all parties visiting the ship :—" It
is most earnestly requested that visitors will not give
any money to the psrsons showing them the ship. What-
ever gratuity they may feel disposed to give they are re-
quested to deposit in the box st the entering pert, provided
f r the benefit of the Seamen's Hospital, and the Seamen
and Marines' Orphan School." This notice has had an ex•
vilest result, as in the first Cur days of June 31 much
money was callectcd fur the before mentioned institutions as
during the previous month.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH.—YEBTERDAy.
Barnum in BANCo.—Bgroas Loan Ihossuw, Ma. Irene' Parmsos,
Ma. Jaynes Cousamos, AND Ma. Jearica Ems.
Taos QUiRN e. BLAMI.—AFPILTATION.
In this ease, which was an appeal against an order of affi-
liation by Col. Blase, and the facts of u hieh have recently
appeared in the Express, today Mr. J. Browns we.
heard on behalf of Mademoiselle Mertz, the mother of the
child, ant Mr. Pashley on behalf of Col. Blanc, and con-
tended that, as the child was born in France, it could have
no right to apply to any court of justice in this country.
The Court did not give judgment, but i•timated an cpiaion
that, as the child could not become chargeable to any parish,
owing to its being born in France, the order against Colonel
Blue could not stand.
&WINOS AT Neu Puna.—Bwozz NIL Irwin WIGHTNAN AND A
C 0101026 JOAN.
To day was the first day of the sittings at Nisi Prins after
Trinity Term.
BROWNS urn ANOThan v. FOWLII.—BILLS OF
EXCISION.
Mr. Bovill and Mr. Hawkins were counsel for the der
fondant, and Mr. Crowder, QC. (with chum was another
learned gentleman), appeared f.,r the defendant.
This was an action brought by the holder against the ac-
ceptor of • bill of exchange for 671. 7e. Gd. The decim-
ating's' of the case were shortly these :—lt appeared that •
gentleman of the name of Fisk, now deceased, bad been in
partnership with the defendant, and that they followed the
profusion of achitecta, and that Mr. Flak was indebted to
a Mr. Poole, • tailor, carrying on his business in Seville-row,
in the sum of 671.75. 6d., for clothes supplied him. Mr. Poole
having applied al tames to Mr. Fisk for payment, at
last waited upon Mr. Fowler, who proposed that /dr. Poole
should obtain an order from Mr. Fisk, by which means the
debt might be stopped oat of the partnership money, which
at that tame, however, could not be touched, owing to a large
sum having to be paid to Mr. Fisk's father, before the part-
nership could be dissolved, an occurrence which was then
taunt to take place. Mr. Poole, instead of obtaining an order
from Mr. Fisk, received • bill of exchange, payable at seven
days' sight, from that gentleman for the amount of the debt,
the bill being accepted in the name of the firm. That bill
had been paid away hy Mr. Poole to the present plaintiffs,
Messrs Browne and Forster, who were woollen drapers, car.
rying on their business in Vigo-sdreet, Repeat-street, and
the bill not having been duly honoured, the present action
was brought.
In suppevt of the plaintiffs' case, Mr. Poole was called,
but his evidence was merely a statement of the facts we have
already narrated.
On behalf of the defendant it was submitted by Mr.
Crowder that Mr. Fit k had no power to accept a bill of ex-
change in the name of the partnership fir a private debt of
his own. Tradesmen and men engaged in commercial
WISSICOSes, when they were in partnership, bind each other
by accepting bills; but that was not the we with people
who were partners in a profession 1 he that of an architect.
Mr. Poole had pureed the bill away after he had been told
by Yr. Fowler that it would not be paid, and he (Mr.
Crowder) submitted that a person had no right so to pale a
bill away, and a third party to come forward and roe
Via it.

Mr. Jut tee Wightssan, in sussing up, left it to the jury
to say •bether they believed that Foeltr hid authorised
Fisk to accept the bill in name of the partaer.hip by tte
terms upon which that pertteratip was carried no, and by
his conduct throughout the whole transetrion. It was to be
observed that e'ttr Fowler knew that Fisk tad sceroted the
bill, he said that was not rxectly the thing he wanted, but
rill be would aid Mr. Pools in recovering his money.
The jury found a verdict for the plaintiff—Damages 711.
odd, the amount of t►e bill beitg 671. and the re•
sander for interest.