The Express.
London, England, 1847-12-14 00:00:00

tab) EnttUtgentt.

COURT OF EXCHEQUER.
teen See.—Before BB F. Pollack C.B.
COMBS V. RicKYAN.—In tEue Meet Which we Melitiollea
in our publication of yesterday, the jury were discharged,
not having been shill to agree in a eadid.
The ether mans disposed of daring the day Waded iot
materials for a avirepaper report.

WESTMINSTERM COUNTY COURT.
B. fore C oyian, req., titer..
HEAD IP. TODOIL.--SPLITTING • CAUSE OF ACTION
plaintifflldollt A
tE.7
recover
—t
hTeD
sumw a so f anzusc.,tiniononebyrupuagbdtinboy
ththee
Anchor Assureate Office, as co-security with the defendant
for • dark in the Bank of England upon a bond for 2501.
Velem de emu the part of the plaintiff it appeared that
sense due bask aalmdaat end himself became sureties upon
• bowl for 2501. for a person named Brent. The latter failed
fa paying it, and the company came upon the plaintiff, who
need by paying instalments of 201. a mouth, and
=rken the preterit proceeding to compelt thet defendantt
ESSia dig"
°f 101. each
ens we ru frti;ell:o uTtot last if:al 1
.0 wed defendantu for his portion of the previous
be bad paid, nor had he, on the face of the sum-
Meted it to be his intention to abandon the excess, or
111 from suing the defendant again when he had paid
elint instalments which would ultimately become due.—
nelearned judge said he was of opinion that the bond must
Is produced, and if that was done, being for 250/., the
ere would no' come within his jurisdiction. Again,
dime wee an objection at once to the summons,
ea the plaintiff had omitted to state his inten-
tion to abandon the cxcess.—Mr. Hope, for the plain-
tiff, contended at gnat length that there was nothing in the
act of parliament to compel a plaintiff to abandon the elms,
and that the judge must hear the case before he could decide
that he had no jurisdiction.—The learned judge said it wee
admitted that the money was naught to be recovered upon a
bond. Now, could he hear evidence of the existence of the
debt when the bond would prove it? That must be pro-
duced, and the moment it was produced, it being for a sum
above 20!., he would have no power to entertain the case.
A short time since an action was brought in that oourt to
recover 151. interest upon a bill of exchange. Before that
could be recovered it was necessary to prove the existence of
the bill. That was produced, and found to be for 3001., and
of course he declined to entertain the ease. The parties
subsequently reduced the bill to 201., abandoning the excels,
and sued upon it in that court. In his opinion the legisla-
ture never intended that large debts should be split into
several small ones, and he perfectly agreed with the remark of
Baron Alderson, that it was never intended to make a plain-
tiff or defendant a witness in cases where the sum in dispute
exceeded 201. In his opinion it was not only necessary to
state upon the summons the plaintiff's intention to abandon
the elms, then due, but his right to sue for any money that
might soave and become due upon the bond subsequently.—
Atter a lengthened argument the case was adjourned ter
the production of the bond, and for the plaintiff to consider
whether he would abandon the enema ; and yesterday, on its
resumption, Mr. Hope was firmly of opinion that there was
nothing in the act of parliament to compel the plaintiff to
abandon the excess, enJ that each instalment he paid upon
the bond was a new and distinct debt for which the defend-
ant was liable.—The learned Judge said be was still of
opinion that, before plaintiff could recover, he must net out
upon the summons his intention to abandon all excess above
201. ; and upon that objection being raised by defendant's
attorney be must order a nonauit, which would not deprive
plaintiff of his right to sue in a euperi..r court for the 201.
now claimed. It was a ease, be was unman, where the
judge would certify it to be a proper ewe to be brought into
a higher court —The defendant's attorney having ne ohjec-
den, the case was allowed to be again adjourned to the 4th of
March, by which time the decision of the Court of Exche-
quer in some similar cases might be known.
PETITION OF RIGHT OF CATHERINE ROBSON
AND ISABELLA AINSLEY.
Tke jury in this ease were occupied yesterday in going
, through the various allegations contained in the petitior, ,
. striking out all immaterial points, and revising the entire
document. The affixing of the signature. of the commis-
sioners and jury concluded the formeliti.s, and brought
this long and interesting case to an end.

ASSIZE INTELLIGENCE.
LIVERPOOL WINTER ASSIZES.
Mr. Baron Alderson delivered his charge to the grand
zadyeisxddi,"&,Lilesti,sdpethella7as. it at, iscnunTien continued dtheoelnagr.
It now formed part of the proceedings of justice in Lanca-
shire, and he could not see hew it could well be otherwae ;
for in such a numerous populatioa a special gaol delivery
was required, else the Pining assize* would never be finished
in reasonable time. He thought, therefore, we must con-
sider this as.a permanent assize. Such necessity, however,
did not exist where there was a smaller population. He did
not know that if prisoners themselves had their option, they
would be desirotts of a more early trial than usually happens
in the common coulee. He believed experience taught that
we might try people too quickly as well as too slowly. He
thought too great precipitation or delay were both evils; and
that more frequent gaol deliveries, if they could be mom
pliahed, would be advantageous to the public. But to do so
we would require a much larger staff of officers. With re-
spect to the calendar, he regretted to find that it contained a
great number of persons, and a great uumber of bad offences;
and what was lamentable was that it contained so great a
proportion of cases of violence to the person. There were
nine prisoners charged with murder, twelve with stabbing,
independent of those instances in which stabbing had caused
death ; and no fewer than nine cases of manslaughter ; in
addition to which there were the usual number of robberies
ant crimes of that description. This was a lamentable state
of thing* God knew ; he hoped that, out of the regular
course oitheir duty, they would think uliout it. Education
might do something, but it would not do much ; bee tine he
believed the prevalent cause of crime was not the want of I
information, but the want of good principles. He be-
hued the chief cause of crime was the being ex-
posed to temptation without sufficient principle to govern
the individual when so exposed. He trund always that
when surrounding circumstances caused great distils
amongst large bodies of men in this country, it was alone
universally followed by a great increase of crime. It
be so in the present instance. Us trusted, therefore7n
the gentry would not only educate the people, but give
them good principles which would stand them instead when
temptation comes before them ; indeed, what he called edu-
cation was to bring people up in the way which they should
go. The learned Baron concluded by referring to
various legal distinctions existing between several of the
cases which would be brought before them.
The Grand Jury then retired, and shortly afterwards
returned with several true bills.
STABBING CABES.—W. Bridge, aged 20, war indicted for
having feloniously stabbed Richard Bridge, his brother, with
intent to do him some grievous bodily harm. The prosecu-
tor, the prisoner, and their father, are colliers, and were
keeping up a rush-bearing, by drinking at a public-house in
Wardle, kept by a person named Bearden. All were very
tipsy ; and a quarrel about some slight cause arose in the
house. The prosecutor and his father proceeded home ; but
the prisoner was detained by Bearden. He afterwards,
however, overtook them, struck his brother with a pocket
knite in the side, and ran away. The prosecutor wept in
giving evidence 'gaunt his brother.—The jury found
the prisoner not guilty of felony, but guilty of
an assault. The learned Baron passed sentence in
the most feeling terms. He said his experience,
extending over very many years, had taught him
that there was no greater incentive to crime than drunken-
ness. litho* offences which had been stimulated by drink
could be taken even from the present serious calendar, it
would be comparatively light. He was sentenced to be ine-
prisoi.ed and kept to hard labour for three months.
T. Parkinson, aged 32, was indicted for having feloniously
stabbed George Hall, at West Houghton, with intent to do
him serious bodily harm. The prisoner WAS selling cockles
in the village ; he was rather tipsy, and some parties, it ap-
peared, had stolen some. Geo. Hall, the preeecutor, and
another young man, came up to him, when he, suspecting
that their design was also to steal, stabbed Hall on the
breast with a knife. He was found guilty, and sentenced
to be imprisoned and kept to hard labour for nine calendar
mouths.
IVillians ShetoeU, aged 20, the son of a retired tradesman,
was indicted for having stabbed a boy, named Jeremiah
Pooley, an omnibus conductor, at Much Woolton, with in-
tent to do him grievous bodily harm. The prisoner, it op-
peered, was very much intoxicated, and was endeavouring to
force an entrance into a public-house in the village, when
the landlord and other parties present put him out. He was
thrown on to the ground, and his nose bled ; on rising he
struck behind him with a small pocketknife, and stabbed
i'cudey(who was attempting to hold him) in four places.
The prisoner and prosecutor had been on friendly terms.
The case was stopped, and the jury brought in a verdict of
Guilty of assault." He was sentenced to separate confine-
ment for six week*.
SECOND COURT.
Mr. Justice Coltman opened the second court at 1 l o'clock,
and, atter the usual formalities, the trials were proceeded
with.
MANSLATORTEL—Thomas Cawley, a labouring man,
wu indicted for having, on the 25th Sept., at Manchester,
inflicted such a busing on hie wife that she died. It ap-
I peered that on the day in question the deceased was drunk,
and when the prisoner returned home from his work and
wired for his tea she gave an answer which greatly exas-
him. From words they tame to blows, and a severe
=which he gave her caused her immediate death. For
NM time he would not believe that life was extinct, until
be was enured such was the case by a surgeon whom he
gilled ln. He then gave himself into custody at the police-
elless,—The learned judge having Bummed up the evidence,
de=returned a verdict of Guilty, but strongly recom-
bine to mercy.—He was sentenced to three months'
tutpeinessent.

CENTRAL CRIMD
COURINAL COURT.
OLT.
- . . .

The second session oi-Th;rl;;;e court for the present
mayoralty commenced yesterday, before the Right Hon. the
Lord Mayor, the Recorder, Aldermen Wilson, Musgrove,
and Farncomb, the sheriffr, under•eherifi, and the usual
City authorities. The calendar contain, the names of 144
prisoners.
NEW COURT.
THE CONRPIRACT TO SWINDLE.—The case of Barr,
Brewer, and Ralph', indicted for conspiring to cheat a per.
son named Eerie out of several large sumo of money, by
false play at cards, was gone into. The court rose at fire
o'clock, when the cue was not half concluded. A further
report is deferred until to-morrow.

POLlCE.—Yzerruam
MANSION-HOUSE. Simonds ADVAXCI-NOTIS.
The Lard Mare NM he had melted the Mis
MIR the etasehay le the " ihMatellema:" time met
Stip dining et dr sided Maw Isone mato Stair IKON&
idle MAE, Mai Ihemmi Irina ef lentort
voseaseas
of
Ode dr Minn kromeor le pea the ea.
dont elnenen ot ne new to oldie his penes ereseers Inn te
*dr obsinenna. Is dr loos dot r yea *A maw therein the
snarl way Itedsened veiny las erlntlea rislOpionsen
Telmoronono—Collehlolodello at nor Asvennoses Oman.
mess Ow er Oft mane* tow la ohms ere
of asettrior neon le mem hfte they mewl

on forcipes voyages, and these notes are made payable only on
the condition that the men shall have proceeded to sea in thew
wwels. For these advance note., the seamen ireetwell2 re-
ceive from almsellets and others who are in the h. t of
gashing them, a anal siortion in money and the rest lo articles of
clothing (frequent)) of very inferior quality), for which they are
ehargdi the full price. This arias In .mete measure (corn the tempts.
don to drive a hard bargain with t mama, and also because if they
do not soil bri their vessels, ,or themeaptains neglect to advise their
agents that the men are on board, the notes are not paid. But as our
seamen, when they return front foreign voyages, receive front let.
ts
SW. wage., this awn judiciously laid out would not only pay all their
expenses while on
prospect would amply lit them out for another
voyage; while the ospeof the advance note too often induces them
to troth is dissipation that motion of their wages which should be
devoted to purchase of their next outet. But the
advance-nom system not only injures the seaman is • pens.
niary point of view—lt exercises • moat pernicious Influence an
his conduct. It places him in possergion of money which he has net
yet earned, and frequently leads to intemperance; he neglects le
perform his wrroct, and thus lows his ship, ant sometimes We
clothes. The circumstance of having received wages in advaas,
also from various causes a temptation to insubordination. sad lag
quarrels arise before the ship bas left the channel, obliging espois
to come to LPIAOTI from Grave:woe, the Downs, ml Rionesate, to re.
place those they havii been obliged to discharge. ln very probable
that many of them disturbances would not have mines U wages gee
unperformed work bad not previously been received, and even when
the ship reaches the port of discharge abroad, the sailor, hoeing no
small a sum due to him, in often tempted by the evil advice of the
crimp (man) of whom are in every foreign port) to smuggle his clothes
out of the ship, place himself under the crimp's protection until the
ship has left the port, and then again engage himself, with perhaps
higher wages and a further admire, out of which he reimburses the
trimsritkw,tipor has trcort:hiniood him
are orits,uto this act
ned inorpode;sts.c sd rtioniat?Sy
ttleits
obliged to ail with very inferior crews, at very increased wage*. It
is therefore gulunitted that the advance of wages to se I men by pro.
mierery ,tote, according to the prevent practice, should he abolished.
By so doing a great advantage would be conferred on the wlor, mans
prudent habits would be generated, the discipline on board trier.
chant-sbips would be more easily maintained, the men who sail from
England la vemel will return in her, and the seamen synerally la a
slant time end that they have bees grattiy benefited by me alters.
lion, as at the end of the voyage they will receive a much boo
amount in solid money, instead of the unfair value they have been la
the habit of obtaining for their advanced notes.
MARYLEBONE. - A Psurze —Nine
men, paupers in Merylebone workhouse, were chug/Trill
having conducted themselves riotously, and with having de-
stroyed property to the amount of from 121. to 161.—The
prisoners, in consequence of their g.neral bad behaviour,
had, with others of the like clots, been pot into the refrac-
tory ward. Their conduct during divine service at the
chapel had ft-Tient'', caused itderruption' and, in conse-
quence thereof, a miuionary had been in the habit of afford-
ing scriptural instruction to them in their own ward. On
Sun: ay morning, while he was thus engaged, the prisoners
and their companions jeered at and annoyed him to such a
degree that he was compelled to quit the place prior to the
completion of his duty ; and, at a later period of the day, •
party, of whom the prisoners were pointed out as being the
foremost, tore out the windows in their day ward and sleep-
ing-room, sad by means of ropes pulled down • quantity of
paling fixed to an upper part of the building to prevent
the inmates from passing from one part of the workhouse to
another. They were also shown to hove been mainly in- I
strumental in pulling to pieces the greater part of a stair-1
lease, bunting the same in their ward, to the danger of the
whole building; carrying off bills and soh. r papers belong-
ing to Mr. Howe, the superintendent of the labour depart-
ment, and demolishing a portion of his office ; 184 panes of
glass were broken. To these offecces were added assaults
upon two of the officers. With the assistance of six eon.
stables, the prisoners were conveyed to the station-house.—
The p, joiners, who said that they were no worse than the
rat of the party, and complained of their not being properly
accommodated, were, in default of paying the amount of
sentenced to 2 months' hard
labour.
WESIIIINSTEII.-A CAD Cass.—Mr. Chisholm An.
stey, M.P., who preferred • complaint, on Friday, against •
cabman for misconduct, attended by appointment, the cave
'having been adjourned.—Mr. Antsy had seen the gentle-
man who accompanied him to the House of Commons in the
cab, and had ascertained that defendant had not been paid
by him. He had no wish to press for judgment against de.
fendant, and was willing to pay the defendant something
re:re, and, on leaving the court, gave him 6s.
WORSHIP-STREET.—CwaRoz OP DIVIIDER.—Jane
Gough was charged with having, by her negligent and
drunken coaduct, caused the death of her male infant, four
weeks old.—lnspector Gravestock, of the CI division, stated,
that the prisoner was brought in custody to the station-
house, in Featherstoneetreet, on Saturday night, with the
infant in her arms, which he sent to the workhouse. On
the following morning the infest was sent back by the work.
house authorities and restored to the prisoner, who was then
liberated on her recognisinces. Between 9 and 10 o'clock
the prisoner surrendered herself at the station, in discharge
of her recognisance., but without the child, and accounted
for it. absence by stating that on awaking that morning et
her lodging, in Radnor-street, St. Luke's, she put out her
hand to feel for the infant, and found it was dead. Having
sent for Mr. Mather, the divisional surgeon, with whom he
proceeded to the prisoner's lodging, they found the body of
the deeessed lying on the table, which was the only piece of
furniture in the place.—Mr. Mather expressed an opinion,
from its general appearance and diseolouration about the
mouth, that it must have died in convulsions, occasioned,
most probably, by neglect and the cold to which it had been
expoecd.—Evans, (.1 24.5, deposed that shortly before 3
o'clock the same morning he saw the prisoner in Old street
with the child, which was Frying violently, and shortly
afurwarda found her attempting to enter the door of her
own house, in Radnor-street, upon opening which abe fell
forward upon her fare. She was endeavouring to get up,
when the child uttered a piercing cry, and he told her that
she would kill it, unless she took more care of it—The
*Boner denied that she was so much intoxicated as to be
1 incapable of taking care of her child, which she covered up
with her own clothes as soon as she reached home, and
placed it by her aide.—Mr. Hamelin remanded the pri-
ssuer to await the result of the posl morfem examination.
THAMES.-STATE OP THE ROADS IN STEPNEY.—Mr.
Upton applied to Mr. Yardl. y, at the instance of several of
his neighbours, to call his worship's attention to the danger-
ous and disgraceful state of the streets in that neighbour-
hood.—Mr. Yardley said, he had himself witnessed the
state of things referred to by the applicant, and regretted
that he had not the power to interfere.-11r. Upton said
that several secidents had happened, some of them forming
cases for surgical interference. He hod applied to almost
all the parochial authorities on the subject, and the answer
was that there was no paving rate, and, consequently, they
were unable to interfere in the matter.—Mr. Yardley had
already said the case was one in which he could not interfere.
—Mr. Upton thought it a very hard case that the limbs and
even the lives of men should be subject to such hazards at
every turn. If the attention of the public were called to
the subject, through the medium of the press, perhaps some
remedy might be applied.