The Express.
London, England, 1847-05-10 00:00:00

the defendant by his own allows, had dated whet would
lead to the belief that h. had lest himself to the premier of
a fraud ; he had stead that Forman, is his rescues, had
evoked Kerr who he woo to say was the owner of the dir
moods, and that Kerr had told hint to say they belonged to
• cousin of his. He had afterwards rested that Robert Kerr
was quite unknown to him, sad, as K. believed, to Yeas-
Baas alio, until this trsasectioo took place, sad yee ha said
he believed Forman's statentert to be true, that h
ertia-
mond. were the property of a amain of his. It was to
his Honour that this story was framed with a Men to effect
the isle of the diamonds, and, under those tizeummanem,
though be should dissolve the injusetion, he should do a
without colts.

.Acre rue-Camenor Knight Erse*.
Sin nA tr. A . IssiCiscetOx CorTitoel.—
Mr. Bevan (with whom weo Mr. Renshaw), on behalf of
Messrs. Simms and M'lntyre of Belfast, the plaintiffs, moved
for an injnociion to restrain the defendant, Mr. E. Apple.
yard, of 66, Yerringdos-street, trove seUi ng, or causing to be
sold, a book peblnhed by him called " The Commander of
Malts," by kl. Eugene Sue, author of the " Wondering
Jew,' tte., sad from printing, publishing, or selling any
other beet. publication, or work containing any article,
matter, or thing copied or taken from the week entitled
" The Commander of Malta," by Rosen., Sue, published by
the plaintiffs M " The Parlour Novella." Mr. Rogers, for
the defendant, requested that the motion elhonld stand ever
until 11,r nest motion day, he undertaking to keep an account
in tho meantime. The Viee-Chanseller oriented to this
arrangement.

peke, Tice-Climeike Ingrate.
&reap V OLIVIIIE—SVIDIANCE.—EXAMINATION or CO-
DIIIINDMIT.—Tbe bill was filed against threat defend met,
as the repreartatives of a deceased testator, for as amount.
A decree Eames been made at the henries, two of the defer
Beata, who had severed in their defence from the third de-
fendant, took in a state of fete behre the Pester, and then
obtained en paste at the Roils the =nal order to cumin*
their ortlefeugant, in support of the Mate of facts, saving
just exception; upon the enmesh= that he had no interest
in the matters in question is the easse.—Mr. Rental and
)tr. R. Pryor, on babel( of the plaintiff, moved to dlsehap
the order, contending that, though an order to examine a
co-defendant as a niteer was a motion of coarse before
decree, it must be made upon notice after decree. They
objected, also, to the evidence proposed to be
to ten, co the ground that the vitamin was interested in the
amount, to be supported by the state of facts, and that the
case was not within the provisions of Lord Denman 's act, 6
and? Viet, e. Bad*, contra, contended that the
order objeetedto was regular, sad sleight:be obtained en parte
after, no well as before, dear, Pans v. Hughes "(1 See,
1); " Yon r. Corp." (3 K. and K., 269). The question how
far the party was a competent witness could be properly
deterstinel only upon an objection to the evidence at the
hearing, and sot upon the present motion ; " Murray o.
fthadwell" (11 V. and 8., 401); ' Lee v. Atkinson" (1 Con,
413 y —His Hamar, upon the authority of the eame cited,
reford the motion, with cats.

COVET OP QUEEN'S BENCH.
CoLLS.—ELIIRDIMI OP • CLIROYIIAN.—
In this case, which was as mar by the Dee. Dr. Pember-
ton, View of Wadsworth, he denbirsto words, &Pokes of
him in Lis chereetur of Oise lay whieh he was charged
with having deemed w'tl wins, and obtained
from him, whom whir the idlosnes of reel droned wino,
• bill of cubing" dire Wit" the had hand • verdict
for the phial with ter_
demespe.Wrarneen a Mould
was obtained hr serating the inipsent in the rend that
the words empiekted of were not suienehle Mime upsets'
&wee; and din whin the marl mama allsrd n special
diner( die grin darns alleged by the AM aunt was a
diminution stweisilsc kebress nitinieni Ids come,
the disevier width wm mime. to the
eI:V pre Am; rant dot cede only in We
ten, rajah/seat roma
that
Lord inn= now add that the ern theoght that
the second meet did met disclose any topstalion us the
plaintiff in his chanaerr of cleveymen, but that the first
count did, and therefore that, es the dame ges bad been &p-
-seud generally, three mast he • venire Arum that the jury
might ammo damn
_s on the fin mount oily.
Tx • QUOIN V. MART DIXON.—III AN OFTICI COPY OF
AN AFFIDAVIT RICZI IN EVIDENCE ON AN INDICT-
MINT FOE PREJORT AMIONRD THROWN I—The defendant,
Mary Duos, had been convicted of perjury at the
sittings et HiLory Term. The indictment alleged
that the offence had been committed is an affidavit
relating to procerdings is lunacy, instituted by •
Mr. Nobi', as the next friend of one Newman, for the pur-
pose of havinghim declared a lunatic. The affidavit of thst
dehndent had been made for the purpose of towering cer-
tain statements put forth in the affidavit of Mc Noble. At
the trial an office only only of the affidavit of Mr. Noble
was produced. Mr. fierjeant C. Jones now moved for a ride
to show cause why there should slot be • new trial on the
ground of this reception of the odes espy above-mentioned,
and also ea the ground that the verdict was against the
weight of the evidence.
Lard Deems said that at the trial he bad received the
office copy Ia evidence because le bed thought that it so re-
ferred to and recognised the affidavit of Mr. Noble as to
render strict Fula it mneeemary. It appeared, however,
that on that pint he had been mistaken. On that ground,
therefore, there "night he a rule nisi for • new trial. On the
other ground there was no reason for disturbing the verdict.
It had been urged that the jury had been Maid, and had
given tlizir verdict under the influence of a along prejudice.
He could sot understand how the jory could help being pre-
judieed is such a ease. The defendant had left her husband,
and wan lirMg in 'adultery with the husband of mother
women, end ohs gains of that person ware exclusively
devoted t maintaining him and the defendant in
their profligate intercourse. He thought it very pro-
bable that each persona would not scruple to c 'ni-
nth perjury, and was not surprised that the jury had',
thought an too. He had put the case for the defendant even
mere 'irately than the Warned counsel, by whom she had
been very ably defended, and tkay had arrived at • conclu-
sion with which the court saw no emu to find fault. On
the Int mound only then there would be a rale nisi.
Tee (~..RRN • TEE EDITOE OF 11111 RAILwaY TIMES.
—CRIMINAL INFORMATION FOE • LINE!. ON Ma. MVIITS,
M.P.—la this case a rule had been obtained, calling on the
editor of the Railway Tines, to show muse why a criminal
information should not be filed against him, for having writ
ten and published in that Imams' certain artieles relating to
the Birmingham and Leicester Railway Company, reflecting
on the character of Mr. Monts, M.P., the chairman. Mr.
Knowles. QC., now append for the defendant, and stated
that his client disclaimed any intention to cast any offensive
imputation on 11r. Blunts : his volt object had been to call
the oaten' ion of Mr. Knots to what had bees going on, and
he regretted grestly that Mr. Musts had felt himself com-
pelled, by the publication of those articles, to institute these
proesediiip.--Bir P. Tbesiger Q.C., said that the statement
of his lamed friend had effected the object which Mr.
Meats hod sought to accomplish by this rule, apd, therefore,
he would not prow that it should be mode absolate.—Rule
discharged with the consent of the pmseentor.
IN RR BANNON AND ANOTHER.—SENTENCE OF TRANS-
PORTATION ERTOND TIER SEAS PASSED 111 THE ROYAL
Coyne or JilliallY.—Lord Denman gaujemlimett in this
ore to the following effect:—The keeper girths hillier
prima bat returned to a writ of habeas sown the eertificate
of the &retain of the royal court of Jamey he. which it
'pp era that the prisoners wen osevicted of taisejaa that
court, being reef eentpstaatjuriediatina In that and
unloosed,* be lownsotod hymn the an le relt plass u
her 11 d era& should nut and appoint the order
in *mica that the painsolo be lonsportai to Vi a
Diallibeses bud ; and the ander of Mr Osage day, adds,
the keeper of the Milbank prima to nen* thin tun his
custody in the course of troasportadon. It h not said that
the royal court hadjuriadietion lennisset to tresportstion.
Now, urinal& has boss whines Ihrotain ma the ground
that it don set show the jowhillstita le try ter barilary ; but
ft i a said rat die nut bits not power to transport. This 1
court has no power le
or
unnvoneit
tenor of • evert of jandialtan, for it ban no
power to main the sonaest sad will not rosette
Nu itself a ern of appeal from the decisions of •
sort, which it an Belem swum as, omen That being
se,this art ran eons that dr ant whir has admit.
hip the elwhi le tiy re Than r
pissnanni a
serene reser of Thin hot bra nil ll=
stabile I Geo. IT tn., don sr own* fides On tom to
detain these prinion he logliser. That was Ins but, in
the Irian of the err. no we nil hole more clearly
Istionsted die Meath. Mho_ huldnwril OM the sentence of
• 11119004, nit In the odons sr nowhere. out of the
%NM Kingpins Medi awed the dighe te detain, in any at
Pap eiterftiosuit Inglosi, a pima broaibt to En
boil be the team of horpostation. That being so, this
court will not, ea the latintir of some dont as to its re 2
gularity, intorpor le stay the aid of ajaphasit which it
has no power to nuns. Than it wan add that Milbank
prison was on a It plan. witin thinner, for the deten-
tion of thew Bat eke resdra of the statute on
whir ibil an. berg k eimilmred by the court to
be Misolltasi Italy a ma iborgli any aperine• teem its direc-
tion ralibt wpm ib
iolly • e Mbar be m s
eimilsted by oor% I low net entitle
to dilations. ban Oss pun a wart of
comprtrot jurisdisels elan inn' Mown to the laws of
this country, mg by Mob ant senesced to a punishment
alto known to the Wee of fait orsalry. Th• motion for
liberati_sg thorns= mast thandembo rehaed.—Prisonees
re _

PAIPAISIA. T. BKTTI7.--B•017 07 A Tavern OF •
P . 6001 ITT ro ma 0311 OF TNT 11111111•111 roz
Moser s MAXI:IWO TO 1171 PONDS OF TIM 80CIATT.—
This wet an action ter mom bad sad tosairetd, braight by
the plaintiff, who had bees ems of the Witham el the Port-bmso& Boma ersiffe, swift the tildsolest, who hod
bees *mat of thaltistg,tellelleNlW SIMI Isla eit Rainy
narks the thilowingdommatmees:—Tbeee bed bees a aloha
teach on the eseistryby see of Itemembers, width the oaken
of the society lbw& sight oat le be submitted to, sod the
ease bad bees she. bdise the joshes, who mode as adju-
dication in the of the &Meat. It me theught by the
cameo of the smiethowit pertiodarly by the plaintiff, that
the elect of this thoisies mold be to tombs it impos-
sible to cmtinue the emiely, plod the gilektiff mimed
that the funds rhos be Om landle of the moulds
should be divided mom the whew, Kett the
lithos ult. Ma *dyke wee miepted, and
the dlimaseed theses of between 14. and
41. to mph man. home thithe thee after Abe *ad Wee ftlear,
the plidatig brought Me oaths assist the ththediest,ithhh,
Unearth ia bee way fry sow Lill imil meshed fee the me
of the to the sment of Woes& AL end 41., was
Ia het s to limpet idm Mr melon the hinds of
the
___._ The Mrs wow es he Mei before the late Mr.
/mite Minim% at the Semeentiebire seises, when thettalien•
WI
wee:
Sh.ll7.2l'd'ili,'"llddent°drndincitg
retanted a verdict for the de-
. "rigel I estateel then claimed to he
to is aialaibed, as he Waisted that the de
• •
7