The Express.
London, England, 1849-12-20 00:00:00

THE EXPRESS, THURSDAY EVENING, DECEMBER 20, 1849

511090 Van-Camnazana Wsaaan.
COUVING V. Tits RUMMY RAILWAT COHPLIIT,
InJUNCTION.
Mr Weed and Mr. Southgate, for the plaintiff, moved
he an injunetion restraining the defendants from taking
volaafeWn Cr excavating, or disarm, out any part oand
f a
lane in Moonsouthshire, belonging to the plaintiff,
from retsiiit g possession of any part thereof of which they
had takes pod tides since the 20th November last, and from
earryiag away any soil or room from the plaintitt's meld
farm. I, appeared firm the affidavits that the defendants
bad for three months been in pmesesion if the farm in quer
tine, and Lad used the mil and stoned thereof for the pur-
pose of titling op certain excavation in the railway. It
appeared from the affidavits that certain portions of the
land had been stoked out by the defendants, with a view to
um, slam the filing of the bill.
Mr. Claudia's opposed the motion. He said that the bill
had been filed on. the 16th inst., and submitted that the
plaintiff, after amaimeing for three months in the compeny's
prevedings, meld sot upon so skirt a notice succesalully
apply for an injunetioa.
Toe Vice-Cnumelleir granted the in uncti j.sn with respect
way to had ether thin land in possession of the de.eadents
before the 7th Wahine.

COURT OF QUEEN'S BENCIL—YIBTIIDAT,
Iterrines or Mu Pastni.—Esroan Ita. rooms Eats. AT Grnsisau.
e. Pause —Fuss Istrialtiollultist.
Crciedir and Mr. Ogle appeared for the plaintiff
plr ,
Keowles and Mr. Peewit* for the defentent.
To is was an action brought by the plaintiff, a seed m r-
eliant, at Boystea, against the beadle of vie Corn lischaage,
for having gives him into the custody of the police and
taken him before the Lord Mayor. The pleintiff by the de.
OlaratiOn hid special damage to his -recter as a ocira
factor. it appeared, by the cam fee the plaintiff,
that oa the 26th of March be was on the Corn Bi-
eber ee *bent middav foe the frassictirn of his Moises,
and on attempting to go into the seed market he was a
by tie beadle, the defendant, who refused to admit
A friend of the plaintiff's, who was inside, called to him,
bed n his stating that the defeatism. revent, d his going inok
him by the hand and pulledp him t wards tee seed.,
mac Upon which the beadle took told of him
was ta and gaken
ve
him Into the custody of a polipolicemen,he
through the strews oceompenied by three policemen and
the nese* to the station-hone is Feechurel-street, and
there the charge wee given to the inspector
'' for amp snug on the Corm Ezchange." The
solicitor to the Corn Keelson's wee seat for, and
the plaintilf was *skill to the Mansiowhouse, and was libe-
rated cie an undertaking to appear= another day. lie did
sprier on that day. The Corn 13:change were represented
by c uwel eat their solicitor. bit ate Lvd kayor disarm' ed
the charge. For this injury the salon was brought In
the first inetaue• the defendant had ;leaded not guilty by
Maw,. Upon this a summons was taken out for the de-
lend,nt to show by whet stati:te he was privileged so to
plead Se was unable to show any, and that part of the
plea was struck out. The ground on which the defendant
was hbotructed was said to In hat he had not paid the pro-
per •ebseription to the Corn Exchange, and therefore he had
no vibe to boy or sell there.
One 'dative was called, who proved the facts, and the
eery on the eharpriveheet was proved.
Fir the deforms it was urged quit, rithimeh the beadle
ezceeded his duty in doing more thee in keeping the plaintiff
or • the Cora Eichaare, yet the action h d hoes brought
spilt it his rather than against tr.• members of the Can
iizefange, who could have justified the act, Stases* ea the
bad istraded hooter rly Into a part et the Cos
Mubeese tried ezelesively for eubseribets, of which sew
Der tee plaintiff was not one. The indignity of whisk the
plain ii complained was merely walking a few hmadre
yards with a policeman who was in plain clotheikond which
to3tlolllll to affect him mash at the rms. Ile had bees
warn• it by the boodle not to introit, iato the place he at-
tamp' d lo rater horses he was takes into custody. The
=t hat was no doubt liable in point el law, bet the da-
te essay welt striding injury as Ibis &mid be very
small
Terdist fee tits pielatiff—danspee IL

COURT OF EXCHEQUER.—YesTithDAT.
pares.-otroas tin Y. rows; C.a., us • LMIDOX imam.
Jen.
BADC•CIL a. viii OILIAT WIsTRILII RAILWAY COlarANY.—
Lass Or A RASMUS'S FAXON. ColrrAimisiti 1,5001.
This nee, whisk was put board as Tueadsy, was resumed
at the @Stag of the cast yesterday morniog.
As slued stated, the auks was brought by the
Mews. and Co., Makin, of Taunt's.to recover Metes,
the stem of 16001., shish was delineed, fa a deal box, on
the 10th .1 Jesus', 1848, by the Mew. Ransom sad Co.,
bankers, of Leedom, to be conayed by the Great W. mere
Railway to the plaited& The defathets denied that they
was respoesible, as they had resolved ao nodes of the value
et tha .entente of the pared, and had sot hest paid
ea extra charge for their inereased tore sad risk in
its ocaveyesies Under these circumstances they relied that
the Carriers'Aet exempted them from liability beyond the mum
of 101. The plaintif s. in reply, alleged that *Sr property was
G oles by one Heavy Baths, who was one of the guards et the
Great Westeni Railway, and is the easel /7•llSi el the deal-
dents at the time of the rob'ery. Upon that replication
issue wee joined, sad the question Rankin wee, whether
the robbery had ben committed by Billing. Upon behalf
of the plaintiff' it was submitted, that from the appearaese
of the carriage it was manifest the box had not been r, moved
from this parcels' department. in which it had been first
placed, into the pasasager's compartment, and that it was
taipssible fur any passenger there to force off the cover
of the box and remove its contents without also re-
g the box itself late the pasaingers' compartment,
and the guards were the ally persons who bad scenes to
the pueslie departaut. Sewn' witnesses deposed that it
was impose'
be a pus
te Week open the box while in
the ocupertmeet appropriated to them, ithout removing the
box to the pares's' sempartment. Oa the other bead, the
'immerse ethed cm behaff of the defoodeats proved that it
was vuy easy for a pros
thief with proper iestrameats
to abet Me robbery tam the pereagete eneepartneset, sad
without removing the box teem the place In whisk it was
first deposited. An investor of anima eased Collo
said be could easily pot his hand from the passengers' com-
partment Omagh the broken panelling into the parcels
eempartment and open the box without removing it.
Urfa erese-emoninatioe, however, it was tumefied that a
pratical experiment of what the witness stated wciuld
the
be
the best mode of conviocing the jury. Aecordingly at
sitting cf the coast Coffin was recalled. He stated that he
had since the evening before made a box exactly
each ie every respect u that from which the
money bol been stolen, and placed it precisely in
the same posidee in the very railway carriage in which the
milliesep bail been committed, and that from the passengers'
side be end/avowed t force it am with a ripping chisel.
ffir 1, Q.C.' objected to evidence of en experi-
ment meth tee rousse of the trial, and after the
wither hid Wen examined as to the matter.
Sir F. Pellesk, C.D., said he add not exclude the evi-
-1 dance. The hot of the possibility of opening the box with-
per removing it from the panels into the passengers c•
It was alleged oft one side and denied on the other.
It was important to know what the result of the experiment
made was, and the evidence should therefore be received.
The whores then stated that be had made the experiment
sines his ezaminatioa the sight before, sad *dart the box,
do., as they were Tepreemeed to have Ibsen lit the time of
the robbery, be had net the boa dliffealty In opeedig
Zia
box and ebstreeting its eineteate. It did eat eseapp Isere
than two Wean. It we Wee the Wein was set rem, hat
that would not have meth the slightest differeftoe.
Si, F. Thesiga emppeled that the jeep eight to have had
en opportunity of wham*, the aperimeat.
The witness was abwit shisedag how simply the iron clasps
sad wails might be breksa ea, when
Sir F. Theelger said that the plaintiffs had a perfect model
of the railway terrine then within the precincts of the
east, aad likewise a box of the very same description, with
the same weight in it. The witness might lie down in the
amide swage and show the jury whether he could open the
Ilea from the paragon oompartaut.
did ockbure QC. on behalf of the defendants, said
he et the last hesitation to accept the thalweg*.
The model carriage was ai seedieuly pissed es the floor of
Os WM sod the box in the position already described. The
wawa (Odin) stretched is the presagers' compartment
and few(Odin)
his had into that in which the bee and
grub were placed. la 1 minute sad 13 monde he broke
Nea the box and abstracted its ecatentswith a ripping chisel.
The dexterity with width the :wisest was performed
lefteled sone sensation apparently no small satislactioa to
same el the jurors.
RM.yßiilingswethen called. He deposed that he had ea.
tenithie defendants' employment about flee years ago. For
ewes years, about three, before the robbery , he had been
goad of the day mail train which left loaddiagton at a quar-
ter past 10 o'clock, a.m. The box in question was carried
by two porters, and plaid by witness in the panels depart.
meat of the railway sari go. He was not aware that the
box was missing until the arrival of the train at Bristol, and
he had not the slightest knowledge that it bad been touched
by sad out mail then. There wore seven' passengers let
is aad out of the compartment nest that in which the box
was during the journey. Could not remember whether say
cos had got in between Slough and Reading. Witness
might have suppoeed the box in question contained money,
from the fact that he had freqaently More taken similar
boxes ; bat be had no ruses te be sere it contained money.
At Swindon witsms left the train for a few minutes,
perhaps five or six, for refreshments. A lady and children
had got out of the sea compartment, bet witness could not
say at what station. After the robbery witness was dismissed
by the defendant,. He subsequently took a beer shop, and
expended some money on improvement'. Mr. Bowden, his
brewer, lent him 2001., and his cousin, Thomas Billing., •
baker, in Lucas street, Commercial. road, lent him 1001.
more ; besides these sums witness had also saved some
money while in the company's service. H. had 781. depo-
sited is the savage beak, sad produced his bask book. He
had made a considerable profit by the sale of poultry, meat,
sad batter, while in the conspany'sservies.
Oa erowesaminstion the witness stated that Mr. Bowden
lent him the money this year. It might have been last
May. In August, 1848, his COW ill lent him the 1001.
la March, 1849, drew 201. from the savings bank, and
closed the sumac four or five months afterwards. The
wages paid yawns by the employ were 28.. • week first, thee
27.. and 325. a week, as he was in charge of one or other el
the trains. Had been Ia the polies before catering the cow
any's service. He was not charged with keeping beck a
money letter, bat his wife was charged with having oed
a letter addressed to another persoa, aad it was upon opened
left the polies fora. Witness was also conductor of an om-
nibus for six or eight menthe, on leaving the police. He
wee charged with not having accounted to his employer for
the fare of one passenger. Re was soon afterwards dis-
charged, and was not told for what mums. He was stationed
for nearly two years in the vicinity of the Yorkshire /Pingo,
while ia the police. Had there become acquainted with the
personal appearance of some of the London swell nab. It
was his duty to warn them off the premi. es. After be bad
ceased to be an omnibus conductor,and before he entered the
company's service, there was nly an interval of az
weeks. For that period, and while in the police
and as omnibus conductor witness attended on a
gentleman, who paid him 75..13d. per week. On the day of
the robber) had no doubt that parcels were put out at the
Deice% station. It wee witness's duty to keep the doors
of the wale compartments looked, and he did so. Did
sot recollect having seen the box at Dideot. It it had been
moved he should have noticed it ; but it was possible he
might not if it had been covered with other par eels. Had
so recollection of any passenger in articular haviog gone
into or left the train on the day in question. He might have
said when examined Woes the superintendent that a pr-
esager with green spectacles had attracted his attention, bet
he could not now stets at what station he left the train—(a
statement made by witness upon the occasion of the exa-
mination referred to was here read, and the witness was
asked whether he meant to adhere to what
he then stated.) He replied that he had sow no
recollection of many of the facts he might have then stated,
but he believed what he had then said was correctly taken
down by a short-hand writer, and he adhered to it. By the
statement it appeared that witness had men askus persons
go in and out of the compartment seljoining that in which
the box was during the journey, but could not remember
that it bad been occupied by • single individual or by sue
piciius looking persons.
Mr. Bowden, the brewer, and Bin. Billings were called to
corroborate Henry Billings as to the loans of the two sums
mentioned in the course of his examination.
The defendants' case being closed, Sir F. Thesiger replied
at great length.
Sir F. Pollock then amusedly the whole of the evidence.
The issue the jury had to try was whether the box had been
broken open by Henry Billings alone, or in co-operaden with
other*. If they were of opinion that Billings was connected
with the robbery, they were bound to find a verdict for the
plaintiffs, but if they thought the evidence only threw sus-
picion on him, and that they were not convinced that he
had either committed or been a party to the commission of
the robbery, then they *bald Sad for the defendants.
The joy, atter deliberating in their chamber for upwards
of an hoar, desired to be informed by the learned Judge
whether they cught to have direct evidence that Billings
had committed the robbery before they could find for the
plaintiffs ?
Sir F. Pollock said it was net necessary to prove the tom-
minion of the robbery by an eye-witness of the fat. It was
quite enough if the jury, as reasonable men, were satisfied
by the evidence that Billings bed committed it.
One ..f the jury subsequently complained of being ill, and
said he should send for his medical adviser.
Atter retiring again fer some tiate,and a repetition of the
jut,man's septicemia to be &Ashamed,
entleman on oath as to
The keened judge examined the g
his state of health, and ascertaining be was ill, finally db.
' --red the jury without finding • verdict.

ADMIRALTY COURT.—YEBTERDAY.
SOO= Du. LOSKINOTOV.
T■a Sono22.—Rosauso Dowx Cash.
The fasts of this ease, basins reference to the running
down of the tutfortnnate emigrant ship Charles Barlett, in
the wide Atlantic, when a lags number of emigrants we
ed
isle, appeared in our internal el the 220 d nit The amended
allegations wets this nay admit edby the Judge.

dmighter-limlser, and they both avoided with Ike old pestle
in the mate house. Oa the Ist of November last, about sts
o'clock in the *velem, the peasimeter and his wife, who had
bees Gouged at field labour during the day, returned home
sad took tea. The female prhoner was la the house, and
Were her father and mother-M.l'w earns home she had pre.
pared the tat. The ptOIMPCSItOr end his wife drank their tett,
tad very shortly afterwards they basso violently sick, sad
tie suggestion as the pert of the pitesestios was that poises
bad his pst We the tes-pet by the female ;almoner, at the
dims Leased, the other Flows.
iirsesee !miss been Wesel is support of this sup-

Milneusiey is define*, contended that there wee no
main Ihr alleipting a murder, bat every motive stalest it
ffellt tho lead the rinser. and the aged couple having
lived together =der the same roof in perfect piece and
amity.
Verdict, M platy.
sows Ms. Jargon W"-•--n
VIOLENT OLITRAOII ON • LADY.
Edward inn'' and Joh* Taylor, 20, were indicted
mber, at Hudde
fa having, on the 17th of Septersfield,
feloniously assaulted Mrs Elise Bradley.
The puresestrix, Mn. Ellen Bradley, is a widow lady,
with two children, residing at Oledhill-terraer, Haddeve-
field. On the 17th of September last she spent the day with
bee brothel, Mr. Bdwia Jewett, of Spving.strost, sad
mussed hems about ten in the evening. In doles
in, she had to pass a place called Bring Wood
On 'aim along this place she was accosted by two moo, who
@Until her from behind, mid threw her on to the nllwey
embankment. At this mutest footsteps were hes/dome
die man lett her. Prosecutrix cried out for her, w
the rimers came ay, bavine pi with them •a la brown
Mrs. Bradley exclaimed, olf you ue nes, help tas 1
Tills( replied, "I'll Neon show thee the help I'U give thee,"
ant proceeded to take off her bonnet and shawl. She stud
oat " murder." sad then Taylor placed his bead over huei
month, sad swore with an oath that , he would dare&
her soul if she cried out again." The men ties
proceeded in the most brutal manner to papoose.
the violence charged against them in tile indietmeat.
After the prisoners had effected their purpose, prosecutsie
implored her brutal usailaats to spare her life for the sake
of her children. To this Taylor replied that he would
have same mosey, and the two then took her forward to a
light, when Tulle made use of a very indecent expression
and repeated his former violence, and called on his com-
panion to follow his example. Taylor then searched her
bag, bat finding nothing but some stockings be gave her
them beck, at the same time using a most awful income-
tiro. He swore he wodld have some money
_soul oho ha
would have her life, and she said, "if he would y spare
her life and go With her home' she would fled him mosey
and she }seat and drink " Taylor asked her wheels she
livefi, and having considerable prises of mind, she misled
bias Oa this point. He agreed to go with her, and she
condusted him towards her brother's hones. When they
gee el is to this house, Taylor began to have misgivings,
and Weerviwd then was c light in the house he said, with
em oak that ° proseestrix was a liar, that she was going to
eadoe him, sad if she did &mire him he would stick a
Seib through her heart In a minute." Baying got close to
the doer she told him he must release ber right arm or she
maid net apes the door. He did release her and she sue.
meant la gateles bald of the handle of the doe'r, bet Gilding
tlo leak hit she mid oat " Murder," which brought her
bralker hi the window, end then Taylor released the mita
Wises wows altogether, and nude his socapa. Mrs. Brad-
ley, as seen as she get to her brother, entmunisated to him
the outrage that hail been perpetrated, and steps wire taken
whisk led to the apprehension of both the prisoners very
. Taylor was found under the bed in his father'.
hand Perk. was apprehended at his lodgings in Kan-
ebrtra-read. As to the question of identity, the prosecuten
eels no doubt about the prisoners being the men, fee. in
addition to the night being starlight, and the and;lur of time
they were with her, they each during that mdressed
the other by his name.
In confirma,ion of the promentrix' statement, evidence
was adduced to show that they were at a beer-house tog*
tee ea the night in question near to where the outrage was
elimeakted, and that they had with thane the identical dog
spoken of by Mrs. Bradley, and whisk deg was knows to
aka' to Perks. Mrs. Bradley had a parasol with her
when she was assailed, and Pests was proved to have had one
In hie possession when he arrived at his lodgings about 11
eels* the same 'debt. He said he had found it, and
asked the landlady if she knew what it was worth. Perks
also at this time had his dog with him. The penal was
identified ty Yrs. Bradley, and a police offer named
Townend proved that when Peeks wee in the lock•up he
confessed to him, in terms wholly unfit fa publication, that
he and Taylor had inflicted on the preamble the brutal
violence imputed to them.
Mr. Overend, who defended Perks, said he had watched
the ease very carefully and he felt that alike could do mato
leave the facts la his loidship's hands.
Taylor said he had nothing to say further than that ha woe
innocent of the crime.
The jury found both the prisoners Guilty, and a ?mins
conviction of felony was proved against Taylor.
His Lnrdship sentenced the prisoner to be severally
transported for the term of their natural lives.
TRILL OP Must Cuevas AND MBA FATHER son ALLEGED
CONCEALMENT OP CHILD EDITH AT HOILBUIAT.
Ewe. Crams, a waldreseed and highly reepostehis.
looking young lady, was indicted that, on the geh
au, at Herber!, she wasdelivered of a male child,
father, Edward Crones, who was a retired Mademem, won
charged that he, knowing that his daughter had hoes se
delivered of • child, endeavoured to conceal its birth ; there
waft other Manta in the indictment, charging both the de-
(Musa with having endeavared to conceal the birth.
In Augur last the family of Mr. Craven resided at Bar-
bary, near Wakefield, and consisted of Mr. Craven, Miss
Craven, • feeler servant named Ellen Sykes, and a mar
servant named Thomas Nettleton. Nettleton did not La is
the house, but groomed Mr. Craven's hove, and was fee-
quietly in and about the house. Before August last the
appearance of Mir Craven had engendered suspicion in tie'
mind of Ellen Sykes that she was enceinte. On the 4th of
August she had occasion to go into Miss Craven's room,
when she found her far from well, and Miss Craven own-
pleined that she was poorly, and, in consequence, remained
us bed. Mr. Craven was at home that day, gave for • °Duple
of hours, and he waited upon Miss Craven himself. He
west out at ten and returned about twelve, and he then took
up to kin laughter some brandy and water. Boon after that
time—about half-par twelve— cries of some perm in distress
were heard e .sing in • direction from Kin Craven's room,
and Elea Sykes deposed that the voice was that of Mir
Craven. Sine oatmeal was sent for afterwards, and oatmeal
gruel having been snide, Mr. Craven tote it into his daugh-
ter's room, and the lailTiefe of the girl Sykes is the room
were dispensed with. Mite Craven remained up stairs all the
that
day, and the ease tor the prosecution was about mid-
day Miss Craven was delivered of a child.
On the following day Miss Craven still remained
in bed, her father still waited on her, and no
maiml man, either on the Saturday or San-
day, was sent for. On Monday morning, between nine and
ten o'clock, Ellen Sykes saw Mr. Craven in the garden, and
in crosequence of what she had previously elmerved,
watched him, and observed that he was engaged in digging a
hole. In the afternoon she was sent out on an mad, and
on her return she found both Mr. and Mir Craven down
stairs. The girl Sykes was not out again until after tea,
when she went to the bole she had seen in the garden, and
she then found that it had been filled up. Next dim, her
b int further excited, she communicated to N.-ttle-
ton what she had igen, and he went to the pointed out
in the garden by the girl Sykes, and, onremoving the soil.
be found a paper parcel, which was opened, and disclosed the
dead body of a male child, wrapped up in white calico.
After the examination of tie girl dykes,
Mr. Blasehard, who appeared for the prosecution, said he
could not make the 0690 stronger by any additional testimony,

whereupon
His lordship said he did not think there was evidence
enough to make oat the *barge alleged. There was no con-
e* absent of the birth, bat of the body, and they must put
the jury,ere He did not my there was no OW for
the but that there was not a owe on which they
could act.
A verdict of Amami was socordiagly takes, end the de-
fendants were at mica liberated.

NEW COURT.—YESSIIIDAT.
BOOM um COMMON BZWILICT•
A •
77eonsos Stevens, 20, labourer, Win. M' Donald, 12. coach-
sager, Coroline 11$11,19,spiester, AntsPlwoneer, 22, spin-
ets, and Joao Collins were indicted
gar, t
a watch,
shale, seal, moaning Ting, ten sovereiges, some silver, and
other monies, the property
r. W. of George William Stone, from
Cooper appeared to prosecute, and Mr. Homy
and Kr. Wariest for llPDonald and Collins, and Mr.
Paste for Stevens.
It appeared that the peosecutor, a very demure looking,
elderlyan, primly dressed with a profunon of white
cloth, whoa is managing clerk to an eminent solicitor in the
City, was, ea the night of the 28th of Nov., at about eleven
o'clock, pugs, down the Dover-road, and, being a coed 1
night, he want into a public house, and had two glass of
ram and water ; and, having left, was
and:proceedng Mee.
when he was set by the two prisoners Hill Plummer,
who caught hold of him and forced him down a court, awl
from theses into a how* in Sussex-place, where they hum-
diatily closed the door. Hill then a•ked prosecutor foe
something to drink. and he, Wog somewhat, alarmed, I
thought by so doing that he might get quietly out of the
house, and gave them 2s. to get some. Plummer then went
out to fetch it, and Collis, the keeper of the house, then
came down, and, on the liquor being brought in, they pressed I,
him to take some, sad he ocasented, tro
ugh i
n, drunk very
little when his senses forsook him, and, on recovering the
nextiaorning at an early hour, he found himself seated In a
chair in an Wisest empty room, and alone. He then dins-
vise& that he had been plundered of all he had about him,hie
watch being geese, and his ring from his Boger. He
immediately Sado hie we from the house and gave inf Rae I
tics to the pollee. The a against Macdonald was that
he was a 'sown SWAM.' of the girls, and had been steal
eosins from the house about the time the offence was coo-
vatted, and the nest day he was out with the women asking
purchases, and had told the pot-boy of a public house which
he need that they had touched an old gentleman of 24 sove-
reigns, his gold watch and chain, and that he had spent 121
of the money. :Beyond the fact of Stevens being seen in
their company the next day, he did not seem to have taken
any part in the affair. Collins had also been seen in poses-
sioa of the watch and ring.
On cross examination, it did not seem that prosecutor had
ri;to the house for an improper pores, but had been
Bed in from fear.
be jury Aerated Stevens, and found the other prisoners
Guilfy.
Plummer, who had been before convicted, was ordered to
be transported tor 10 year., ILad ttle prlsuarro Macdonald,
Collins sad Hill, for 10 years.

MIDDLESEX SESSIONS.—YznaRDAY.
Ira= Ma. 841311BANT ADAM, Assiermer JUDOS.
MUSIC AND DANCING LlCilll6llll.
On the grand jury coming into court to present some bills,
The bused Judge said he would take that opportunity
to mention that in the course of the day a bill would, he be-
lieved, be submitted to them against some persons for keep-
lag an establishment for music and dancing, in coot:aunties
of the provisions of the 26 George 11. e. 36, a descriptiem of
proceeding which latterly had been dimmed to sous con-
test, is consequence of • win of prosecutions having has
instituted under that statute, and as erroneous nodose SI On
his views upon that act of parliament were abroad, he weed
just state what really his views in that respect were. That
act was pared in 1762, a period at which there existed in
the antinomies number of pluses, which were vi
sorted to the lowest and worst of characters—where poli-
tical ferment was 'Gradated, and when bull, hear, and
badger-baiting, and dog-fighting,were continually tak
ingi
place—a state of society widely different from that
present day. This act was passed with the view of abolishing
these low places, and its operation was confined to a circle of
26 miles round London ; so that at the present time, whilst
musical entertainments could be given in any town beyond the
20 miles without a license, in no place or village within
the twenty'aniles could such entertainment be legally given
without a license from the magistrates. This haws had
only one condition—which was, that the place for which the
license was granted should not be opened until five o'clock in
the afternoon, so that every concert given before that hour
either at Exeter-hall, or the Store. street Musiethall,
or any other licensed establishment, rendered the
keepers of them liable to forfeit the leases, a
feature la the matter which showed how utterly
inapplicable the act was to the present state of society. It
was supposed by many that the magistrates could not grant
a limes for manic only to the exclusion of dancing, bat he
was 'addled that the magistrates had the power to do so ;
for the whole matter was vested in their discretion. In cases
which had been tried jades had found parties guilty, but
added that they saw no impropriety in the sauces these par-
ties had taken ; that indicated how the matter was regarded
now ; but so long as the statute remained on the book it
must be obeyed. Whether it was a wise law or not grand
and petit jurors and judges had nothing whatever to do with.
It was sufficient to knew that it was law. He did not think
the act applied at all to publio-houses, but to places
where public entertainments were given, such as assembly-
rooms, gaedens of public resort, and concert-rooms, but a
far greater number of licenses were granted to public.
hums than places of the latter description, for which the
set wee intended ; and if, as it was urged, immorality
originated from the proceedings these licenses sanctioned,
why should a monopoly of that immorality be placed in the
hands of publicans ? There existed with the public gener-
ally a taste for music and dancing, and lie c odd not see how
immorality could arise from that tute ng indulged in if
the places resorted to were placed at der efficient surveil-
lupe ; but, on the contrary, he thought that morality would
thereby be advanced ; and assuredly morality could not be
promoted by prohibitory laws. If an essehliehment were
kept open as an academy for teaching dancing—what might
be teemed a "subscription dancing academy," where there
were regular subscribers, his opinion was, that such an
istablistanest did not tall within the operation of this
statute ; for it was essential to render the statute ap-
pliable that the establishments should be kept open fee
the purposes of public entertainment—that the public were I,
admitted without any restrictios whatever. He repeated
that sub a law was utterly inapplicable to the present state
of society, and he hoped there would seen be a change. To
show that, originally. it was applied solely and only to places
albs character he had mentioned, he should read an ex-
tract from Vie Sessions Records, "21st Oct., 1773.—1 t is
ordered that no license be granted to Vie proprietors of
lionelegh and Karylebone Gardens, or of any other place of
public entertainment, but under a restriction prohibiting the
exhibkion of fireworks." It was an act which was greatly
misunderstood ; but in those cases which were occasionally
brought forward under its provisions, jurors were bound
to act upon their oaths, and he wu booed to &Ami-
ties:, to the best of his ability, the law as it existed, juetly
and fairly.
The grand jury then retired.
A LvclT PittiONzn.
A person named Collins was indicted for a felony, but
the bill could not be taken before the grand jury in COON-
quince of a policeman, who was a witness in the case,
being at the Central Criminal Court. The grand jury,
having waited some time for the arrival of the officer, who
had been sent for, came into court and requested to be dis-
charged, but the learned judge requested them to wait a
short time longer. The messenger returned to the court
and informed the judge that be bad applied to the common
sujeant to allow the officer to leave for half an hour, as the
grand jury were waking to take his evidence ; and that the
common sunset had replied that he had already given one
messenger his anew' r, and he should not delay the business
of his court to forward that of the Middlesex Sessions.
The learned Judge said he was extremely sorry that be
should hare received such an answer from one of the autho-
rities of the City of London. It happened that the police-
men was a mitoses in two cases, one at this court, and the
other at the Central Criminal Court, and although he had
respectfully informed the Common Seijeant that the grand
Jury at this court weee being detained solely bemuse the
Gaon was not in attendance, having no other case before
them, that learned functionary not only declined to accede to
that request, but threatened to admit the policeman's recag
i silences if he left the Central Court. Knowing that the
Ocinamon Sajeant could easily dispense with the man's
attendance for the short time he was required here, having a
somber of other cases to dispose of. be (lie. Berjeant Adams)
illend win sent a message to inform him that the grand jury
hesse were still waiting for the man's attendance, and they
bed just heard from the messenger the Common fierjeant's
ugly. He was very sorry indeed to have received
sock an answer, " Treat he would not delay
his business to forward mine." It was not to
forward the busmen of this court, nor to delay that of
seethe/ court. but 'o release the greed jury from delay
court,
where they were staying only to take the particular ease
in which the officer in question was concerned, but which
they could not derv- of, because be was not in attend
aaoe. The desire of facilitating public business, and saving
the time of a body o: mercan•ile gentlemen, and the ex-
pense of the count-, did not appear to be iecipraeated by
the civic authority. He should not be Justified in keeping
this grand jury waiting the pleasure of the C eimon.tiese-
joint. He rgr tied that each an answer should have been
sent, but he loin sited more that a failure of justice 'braid
be the consequence of that answer. lie had no alternative
hut to discharge the grand jury at ones, and he tendered
them the thanks of the county for the services they had
rendered. lie should ant, like the civic authority, threaten
to estreat the p 'icemen's recognisance*, but, on the contrary,
would allow him hie expense.
The grand jury then retired.
At the rte it g of the court the court es preoner was dis-
charged by prelamati.n, the r . being no bill bend against
him.