The Express.
London, England, 1847-11-24 00:00:00

THE E X PRESS, WEDNESDAY EVENING, NOVEMBER 24, 1847.

when es agreement was made sad rawhidese had berm
pertd by tie directors, winch only Waited the seeplay

Mtn, auwwanueu...
gin the perms taw they were tra•Mbened a eight to
übleat to what had been done, mill the raw spesstlon
arose. It the dires
les dr,di=equet rier ewe baduradtisiaz., wiz
entendtoadbrar tlds awl ea the Mk el the esereet
third eSTININI led pissed is are a perks ea hit
for the contract, they me have bass by writhes
the &midden had wet purebred the sires with the ease
ardwiribtat liotolie It appeared to his lossorw,
therli t he WAIN* te der with this point, the reel
rigw was the pier re*, and jostles, mad pro-
priety in a• ere ? It was the duty of the err ts sleet di •
pointuitrot* ::.estat okpistiose rather this is eiwiliee
the j of the case by ocit=^^ too Maley to form.
The question was to be reeved whiZer the earilitu% would
be peifonned or not But be eras asked in suet, tette* we
full hearing of the case, at onoe to put a Mots the whole
transaction, and to say that the parties should be at liberty to
sot se as now to put an end to the agreement. Two seta of
parliament had been passed tints the agreement was
tesested, both et whirl contained sections that it was int-
potable is reed without seeing that the legislature thought
the outhouse of the thing should take place. But what he
wanted to know was, whether the wisdom of parliament
might not be feud M sorry out what they had berme in-
tended, and gim powers to full to do what the parties had
u ; and he thought it w nommably plain, from
suggested as
bad taken plane, that hereshor 'mates authorities
might be given to saber the singeing, sad his opinion
woo, that he was bad to pales. the emOsest entire until
such time as the deer= of perbeassr dread to ascertained.
The demurrer must therefore be 0•0111111 ML

COURT OF QUEEN'S IIiNCH.
Tax Qrxxx v. WRIGHT.—JUDOXINT ON AN Arroz-
eirt FOR CONSPIRING 70 PROCUES • FRAUDULENT
Matures or fieocx.—ln the month of October, 1833, en
indictment was preferred against the defendant, Charles
Wright, who is an attorney, and one Sophia Pennell, for
conspiring to obtain a transfer of stock by forged orders and
false pretences. The indictment contained twelve counts ; a
true bill was found ; and the defendants pleaded not guilty.
The indictment was afterward, removed into this court ,•
the dafendanta withdrew their pleas 61 not guilty, and
pleaded guilty ; and they entered into recognisances to ap-
pear to receive judgment when called upon. In Hilary
term, 1835, both defendants bevies received notice to ap-
pear to receive judgment, Mrs. Pennell appeared, but the
defendant Wright not appearing his recognisances were
created, and those of Mrs. Pennell were remind. Pro-
ceedings in outlawry were forthwith taken against Wright,
and on the 30th of October, 1836, he was duly declared and
adjudged to be an outlaw. In 1846 he was apprehended
wider a judge's 'arrest, and brought a writ of error to re-
verse the outlawry, in which he was successful. A motion
in arrant ofjudgment was then made, and a rule nisi thereon
granted, ultimately made absolute, as to four out of the
twelve counts. The conspizacy set forth in the indictment
was one to obtain means and power to and for Sophia
Pennell to dispose of 9661. East India stock, and to obtain
payment to her of certain dividends and mums of money due
to one Charles Campbell, deceased, formerly a genteel officer
in the service of the East India Company. The overt acts
charged as having been done in pursuance of the conspiracy
were, the making by Sophia Pennell, of certain false deposi-
tions, by which the declared herself to be a widow, and the
daughter of the said General Charles Campbell, who died in
1832, and that the widow of the end General Charles Camp-
bell had died since that time. without having taken out any
letters of administration to her said husbaad. In fact, letters
of administration to the estate of the geaarel were granted
to Sophia Pennell, who was not one of his children, although
his wife and children were alive. Sir F. Thesiger, Q.C.,
with whom were Mr. Peacock and Mr. Forsyth,
played the judgment of the court. Afild.ivits in
mitigation were read. Mr. Hill, Q.C., was heard for the
defeadant, and Sir F. Thenger and Mr. Peacock spoke in
aggravation. Mr. Justice Coleridge then delivered the
judgment, and said, that though the defendant bad pleaded
gutty, and there had not been a trial, the charges in the
indictment must, in every respect, be taken to be
tree ; indeed, there was not in his affidavit anything to
impeach their truth. It appeared that the defendant had
contracted an nnlawful intimacy with Sophia Pennell, who
had become his client in consequence of a dispute with her
husband. She had cohabited with the dafendeat, and had
Lewd with him as his mistress; and it was suggested that he
had been very much under her influence. Bat on looking at
the particular acts which had been doze, and considering
that the defendant at the time had been, and still was, an
attorney, that those act. had been peculiarly within the
knowledge of an attorney to do noonsfully, and related to facts
with winch the defendant had been made acquainted as en
attorney, the court felt convinced that they were not of a
kind to have entered unprompted into the mind of any
woman. The court would not be justified in dealing with
this ease as one of general fraud, for it was impossible
to describe the defendant's asses as anything less
than ea attempt wilfully to suborn that woman
mare that cans to esameit wilful perjury. That
Mims she did ammit, mine then ewe, and in respect of
mattme, mime did the dadeat knew to be true, and
others widsh h net knew to e true. It had been said,
lathe sadevit of the iiishademt. Set Sophia Pennell was
the wale preliterhy the feud ; but tie oestrtt patting even
the meet elmehehie semerestiera ea the fasts divulged, could
not helm that Melsmeat. Brea bad it been so, the
dehmhat bad been on ettemasy, the stereasy dither per-
!NY 1114111.61111 la the property. had be meet have enabled
Sepik Pennell to take the steps she had loinakendee Injure
his other elleaM. It was impeehle net !el that the de-
' fondant had demo, in his disoorfor of attorney, that for
which he was mew to be "mien& ; and that was a very
greaseation. The belleileah amegmbeg the court
dm bed daft et health to trial the defendant was,
sad den cad mina whidt be had breeght upon
hieessY ; bat the mart had a aware shay to yealleem when
sae elks ewe aims was bought up te reashejedgmsat
ihr soh melyeueliess. The imatear of the meet was that
the delledaert be haprisoned on each aide remaining eight
gouge efthe bailment for twelve mesas in the Quesa's
Prham, 111116 thom several pet twelve mouths te
comma emir Nee Jeg ad ad at the sem day. The
court did not fillet the gisablimeat et heed Meer, in con-
sideration of the bad state has delbedeure Mehl, ad on I
that ground alone i and It hat it impugn& le war the
name of the plaintiff any longer ft mask on its mil.
Trg¢ Qualms v. DOIIOLA/L—lazATow.—ln the erutenos
pabified in the Express of rawer!, for " on each of
the alas Douala pay a fine of the nen 1,0001.," pawl "on
sett et the nine counts pay a fins of the mese 1,000 i." The
object of the court was to secure the imposition of a fine of
1,00 W., if even but one count of the indictment should be
held good by a court of error, and at the same time to pre-
vent the imposition of a greater fine, though all nine counts
should be held good. The celebrated case of " O'Connell e.
The Queen," has rendered this form neoeeary ; and the
principle is again followed in the cue of " e Queen is.
Wright," reported above. If any one count is good, Mr.
Wright will be imprisoned fora twelvemonth ; and though
all should be good, he will not be imprisoned for more than
a twelvemonth.

COURT OP EXCHEQUER.
_ Bdze Kr. Amon Phtt

.
Howe O. DICIRNBON.—A FEMALE ADVOCATE.—MiII
Heart, the plaintiff in this case, who ham obtained
some notoriety by her litigation with the Royal
Benevolent Naval Satiety, of whose benefits the was
for sots time a recipient, as the daughter of a
deceased Rani allow, appeared yesterday personally in sup-
port of a nthe &twined by her at chambers, to set maids an
I ceder to eatnjulgseinst, as in can of a nonsuit, under these
eireueseenue • Yin._ Hoare, who participated for some years
in the relit emd dilutions given by the society, wu chi-
me* emaidered by them an unfit object of their benevo-
=end se intimation was made to her that it
be discontinued. In the correspondence which
sussed, sad the inquiries made with reference
to lilies Boon, sustain exprestiosi relating to her were
alleged to bale less used by Mr. Dickson, the secreesty of
the society, sad by the present defandant, who was else Goa
tea= with it ler thins env= septennes La Rem
instituted two sedum Ise deader, whisk were brought down
for trial at Croydon during the last eselnn. Only one, that
against Mr. Dickson, however, was preeseded with. The
(aka , bell= the witnenes wart all called, expensed
te 11= for the &Amebas, Mr. Baron Parke
that the ease ant ought not to be proceeded
wiT,lttabsts nine having bent avennolly identical. The
plaintiff's ge:ess Ohontere, Q. 0.) esserdingly with-
drew the ones Ilse prenat delandent, mad Mr. Lush
obtained en rub an the 13th lade= tis la= up
jape= es news of a ssesnit, as the arise hod been
vetunterily =thin= by the plaintiff 'e own eremeL Kiss
Reuse, however, doer =We= a rale to set the meant
side, and =isles* se pressed with the trial, averring that
she bed a psi • gm= ef Belles. Mr. Berea Platt, offer
Abrade Imlr 'vbs. wish ipese vokblllty, ead ► perfast
Ihnriaeft_witkeney =espied the court
bit a iliesbie tints, *el yen no grounds for
rii4plaksi as airs, NM Ibm We. The learned
Sersobsd Assam night as= her rights by
a fresh shit she cheen—lituka dinharged ao-
.

INSOLVENT DEETORS' COURT.
Wan dr COM Ownilminiir.
Is ha H. H. EaTITASINOL—
This laeolvent, who bee bees resaft earl to the her, was
sat "peed His sehebals owe ganef redden exam
mom In it wastraria debts Ise to hiap
oileasselea &a., to hop astreala kr itrat be bra
obedient hi protests te hire, =eh awl amis. He 1M
iwit three/It • very large lantwee vitas R abet Awl, awl
hod easopiril bills for the purpose of Ids farbil-
gesedea Eh trade debts esseanted to I,lool.The
essetritstatri remiebed NM It was • dateirte tbbarrellg
isesteeet awl as ate eggessd, as he would alai* lave
bees remaded. At Ibe tamestiasesitsee
tithe emealiskair)
ad not *Mk that aredbere who ea the kik" of
=dmaillihermar.L74 Irth. 7611141= bi
a.rd.
CENTRAL CRIMINAL COURT.
OLD COMM—Mrs s. lialarer.
CONVICTION or AN INNOCNNT Plllllllllll ass mare.—
Janos
pe William 17, was Wished tar strain
p=
the operty of Ward,
greadatirea—The ter a
wally, sal interns paper way in, =
amimems bum avers whir lad-tteatie doe ....frordSai
flat be ballbiaist beireer la bit , wed
es egiass aria obelus* ssetrace wen yeeestwies Isfa
It=dal besesee_ • psi areaber ene&zThe
rhea It dr ftW seed wasaber at wits
ast aba same pasta who hed_prosered the soprioWvof an
leaestrzesaierthie very cabalist the lea essioi —The
Slat be wes.—The bash hacked what
liturboris sliks p who wt w isaviati P—The
• ra.a 4ir'
•.7 ! 9d.1
Jeri • of iau.:.; max/