The Express.
London, England, 1849-11-10 00:00:00

BAIL COURT—YESTERDAY.
Raves Ma. Rance PATI MO.
Tess QOBIX V. TSB MABISTZATZU OF BATII.-02/11V-
ABCS OF Tll SAMBA= BY RAILWAY COILFABIBIS.
Kr. Plana moved foe $ nth calling os Mess= RlABlitli
Mad Daf, susistrates of Bivb, together with $ person of
the d Weston, to show cause why s digress warrant
Weald sat tome against Weston to 4r. L.sitY im-
posed by the said jaatime Si Wafts Lord's-
day het of 29 Cholla 11. Is Aar= Isat este., who was
who was a pew es the Green Western Railway, was ant-
abased bakes the us4istrafee he haring viehrei the statute
in gown= by enkedtag the umgeny's =epos on Sunday.
The one was defended by the abd it was *Meal
urged that the cue did set 4100.8 IBS recisions of the
sat, bat the justices oravisted Wages, esti indicted a fine,
bat refused an appheaties whisk was made ea mimes it by
distress, it haring bees psbliely Mated gm the flee would
sot be paid, and told the party pressenenit that they matt
imply to the Queues Beach to compel them to 411•11. It Was
*ante nded that the magistrates should have
di not in-
flicted the fine or enforced its payment by dines= There
wee no other mode of eabrobat the pesally Owed
sad the question was one surely of fact whether Me
mess of the statute had been violated, which was established
to the satidacties of the magistrates, and the guidon did not
ittors on the whether the work done by Weston smarms
eF.ari, ornecessity, whit* were exempted by the =tate.
If th.y bad been desires' of raising that point they should
kayo refused tks interniatioac, aad it would have then
COSS bekw• the ewe above, as in the wee ot "The Slag
c. Cos;" lad Barrows, where magistrates reseed to ma
PAIN aformatioss against a
was he
baking pies and pad-
din, ea Seaday, WINS it was held that this ow a work
eifsestanty, as it enab!ed other parsons to go to church.—
Rale granted.

COURT OF COMMON PLF.AB.—Tscrway.
Immo AT NM pates.--lam
uaT.'isnot Came= AiID A
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plural' tr. Cot:NT pre Tonne.—Faun IltralWitrienT.
The eirettastances of this case, as stated by the owned for
the plaintiff, were these. The plaintiff was en upholsterer,
ifeerying on his business in Newman-street, Oxford-street;
and the defendant wu a foreign nobleman, residing at No.l,
Upper Gordon-street, Euston-square. On the 1811 of May,
la the preset year, tne plaintiff was requested by a medical
ellitleasas' of tire some of Brahma, to go to the defendant's
Uwe and take poutstion of goods under a hill of sale.
The plaistiff scoordingly went, about half-mat two o'clock
in the afternoon, to the house of the defendant, arrespanied
by his and some other parties. Oa his arrival *ere be
hued Mr. Myers, some policeman, and also some brokers in
the house, whom Mr. Myers had pet in for the purpose of
distraining for the sem of IBL, alleged to be due toe rent by
the defendant to Mr. Myers. Boma time after **plaintiff'
bad been there, Mr. Doris, a clerk to Messrs. Wire and
Child, the defendant's solicitors, came in, and shortly after-
ward. went away for some time; and when, upon his return,
the plaintiff elm about to remove a dining-roomtable, maned
at 405., the defendant and Yr. Davis gave him, his sen,Mr.
Myers, and a man of the same of Heary_Benewsea into
eastedy, on a charge of stealing the table. Those fiver par-
ties were then taken, about seven in the to the
St. Giles polies-station, by some policemen 11
to the detective forte, who had been fetched by
Davie. On reaching the station-house, the dihedral aril
Mr. Doyle charged the parties in cut-ely with shaft the
drawing-room table. Upon bearing the whole eireamermess
of the csse,the inspector on duty recommended the Cunt de
Torri and Mr. Davie to consider before they premed the
charge, upon which the Count, Mr. Davie, and the insposter
retired into a private room to talk over the maar
but the defendant and his legal adviser deterli j
to press the charge, upon which it was taken dawn by the
inspector, and the plaintiff, his son, Mr. Myers, and Ben.
rows were locked up in the station-house all night. Upon
their brag taken before Mr. Henry, the magistrate, at Bow.
street, after the caul had beets heard at some length,
they
were discharged, Mr. Henry beteg of opinion that them wee
so ground for charging them with felony. To eserert rmu
=ltfor the injury which the plaintiff bed enstaleed by
s given improperly into custody by the defendant
and locked up sill night, the present action wee brought.
Several witnesses were called on behalf of the plaintiff,
who proved the fasts which we have already Mated.
Mr. &tisane Brits then proceeded to address the jury for
the defendant. He said that perhaps the jury whom be now
addressed might sit for many years in a public court of
before they again heard awe similar to the present. They
most be aware from what they already knew of the ease that
there were a vast number of facts which hie learned friend
Mr. Ball had not laid before them. He (Mr. fieljeant
Pyles) should not be doing his duty to his client unlcu be
laid all the facts connected with this action before them.
Three actions besides the persist had been brought against
the count by the three other parties who had been given
into eustody on the charge of felony. He was aware that
there must be a verdict far the plaintiff, but he submitted
that ho was entitled to a very small amount of Limoges.
The defendant was a 0 reign nobleman of eemiderable
private furnace, who had come to this country and taken a
house at No. 1, Upper Gordon-street, Easton-square. Now
he (Mr. S'rjeant Bytes) was sorry to say that an unex-
pinhead foreigner, who came to London, and who was sup-
signto have money, WAS very like to become the prey of
ing persons, who were like vultures, ready to pounce
pon
u any errion.
Mr. Judie° Cromwell—lf Mr. Ball bad applied scch an
expressica to year client, Mr. Serjeaat Byles, I should have
reproved him for it. (Laughter.)
Mr. Serjeant Bytes said that by carrion he meant money,
Mom foreigners who came to England had very little
or no pulley ; and they were carrion in another
sense. The defendant had been set upon by design-
ing people. Mr. Myers 'bad introduced himsaf
to him and endeavoured to induce the count to
make him his secretary at a saLry of a 1,0001.
a year. Upon the failure of this ethane the proceedings had
been commenced which had given rite to the prevent action.
Oa the 'Ramon of the 18th of May, 1848, while the count
wee sitting smoking in his dining room after dinner with
another foreign gentleman, two men walked into his honor
with a distress warrant for 191. for rent which it was alleged
was due to Myers. This proceeding greatly a.tenished the
count, inasmuch as Myers was not his landlord, and had
therefore no right whatever to distrain upon the e.eunt's
goods. After the brokers had come is, the plaintiff and his
men came in to take remotion under a bill of rale,
about which the defendant knew nothing at all, he
never having given a bill of gale to anybady.
The bill of sale, in fact, was a bill at sale
given by Mr. Myers to a mediell gentleness named Brakes,
who was a Jew, and permed his probation under the name
of Liston and Co, The defendant, upon
ifi,adiec that he
was about to have his hones stripped of everything in it,
there being two vans at the door to take his away, seat
off to his solicitors, Mean. Wire and Child, who immedi-
ately mat their managing clerk, Mr. Davis, to the house.
Mr. Davis, upon finding that the men who were in posses-
'foe, as he was convinced, improperly, under a distrem foe
rent to which Myers had no claim, and the plaintiff and his
party who were seizing the geode under a bill of sale that
was not good, would not leave the hones, went to the Si.
Giles's police station, and brought beck some policemen
with him. The charge of felony was breed upon the
defendant, because the police would not interim
unless the defendant would charge the parties with a
felony. It might be that perhaps the defendant was not
positively justified in so doing, bet he (Mr. Serjeant Dyke)
thought that it was at least a very doubtful question ; sad,
under the whole cireumataoces of the case, he thought that
the plaintiff was entitled to very small compensation.
hlr. Knight was the first witness called on behalf of the
defendant. He stated that he was the landlord of the Count
de Terri ; a nephew dike count's was the legal tenant, bat
the defendant always paid the seat. The document now
produced was the lease of the hoses. Oa the lath of May,
1849, witness put in no distress far rent.
Mr. Joseph Davis, the managing clerk to Messrs. Wire
and Child, proved that he went to defendant's house on the
18th or May, when he found a distress for rent had been put
In, and that also the plaintiff was there in possession
under a bil of sale.
Mr. Isaac Aidebert was then called and examined by kr.
Yarnell. Witness was a coachmaker in Loarracre, and
a friend of the defendant's. On the 18th of May, 1840,
witness weaned fee to No. 1, Upper Gorden-street. When
sifters got there he saw two vans outride, and about 100
people around the boom. It was impossible to get to
tise- strut door. Wham went to the area gate, and
ea the servant unlocking it, Mr. Myers pasha/
him aside' and Draper and the other men elm
meshed him aside, sad got into the house in any
way they could. Young Mr. Draper got through the
kitchen window. Witness Sorbed Mr. Davie from Metre.
Wire and Child's cake. The plaintiff sad his men were
going to remove the goods, but the ponce, who were in the
house, agreed to let sothieg be removed until whams as-
turned hem Messes. Wire and Matra. 10. Myers was a
doctor, and furnished hours—is short, he did anything.
Cross-examined by Mr. Ball—Witness had heard from the
defendant that Myers bad claimed to be his secretary at
1,0001. a year salary.
Re-examined by Mr. Sapient Byles—Mr. Myers had is-
dieted the defendant for may. The Indictment was feel
evidenes given by the count in an action of replevin in the
county court, in which the pout was sucesedul. On that
occasion Mr. Heath, the judge of the county court, told Mr.
Myers to get out of the witaenabm as he was perjuringhimself. tar. Myers had arrested the count twice upon an
Madsen, in which be swore that he owed him , and
was about to leave the mrantry. Witness was one Of the
bail for the count.
The bill of sale was then pat fa, and reed, the coosidere-
tion for which it was even purported tab, a debt of 3901*,1
which it stated was due from Mr. Myers to Mr. Brahma. '
Mr. Ball then replied.
Mr. Justice Crease/ell, in summing up, left it to the jury
to say what damages the plaintiff was entitled to, and how
far the circumstance, of the cue effected the menet whin
he might to receive u 00MpOsillittOn. With= to err
miring a felony, it was equally a felony
was taken openly or secretly if the party who tech ir=
right to do se • bat then, when a person &dud to talso_pee.
party es a Ritter of right, the uasedsa was wile*, ha Um
fide believed that he was jestiM i what* MS dila
The jury then retired, 10/4 owsr mama Idb remised Mel
*Mart with a verdict for *a MOAK demeges
His lordship then preseeded to ry the mese " Barwick e.
Feller," wide was sr Milli beg* by the •••I•4•TY of a
andrailwiyottstitibed =bled MAW lie nerve of the Wiltshire
Beam Climpasy, of which the
. fisidant had bans _ _
_llO mow his relax,. Ti.
jury hand a mar Criffplebil% Immo (AL

COURT OF BANKRUPTCY.—YssraaDAT.
Rama Ma. Commonis FAIR
• Rs Pain am Dons.
This was the day mopsisisddt tits lost examination is the
• ass of Pala, asi Davis. woolloadvarsaa, of Hisia semi.
; loathtntt. TM balasso•absoi, abaft *as 04 1,