The Express.
London, England, 1849-11-13 00:00:00

THE EXPRESS, TUESDAY EVENING, NOVEMBER 13, 1849.

LITBRATURB.

The Track of the Mordenr marked' eat ay an IneiwiFJr
Hand Refraiont sweated by as Case qjtAs Alromieige.
By the UOV. EktilXll4ll N trial, MA., Iteetorof Strum,
Suffolk. Leedom : Wertheim shd liselataeh.
Tole is a earios;ty in its wey.
,The reverend author
informs us in a cots twat, "Ties peenaiery results of
this sketch (so far u the author is eseemeed) will be
handed over to ' The Chorea et flies and Scripture
Readers' Society." The phraseology is peculiar; the
author could scarcely mean to blot thift &winter and
publisher were less generous thei hiammlf; and yet It
is difficult to attach any other rassmisg to the men-
, tame.
This however, is a trifling soesideration. The
most remarkable thing about the book is the auk=
idea of raising money for a home mission by such a
publication. the bruckure is milker more nor leas
than a detailed hiatmy of O'Connor and the Mea-
nings; their peculiar rdatioas, and the disomanest of
the dirty romance. It is a rfeleaufl of the oboe
dished op for the public by a certain elms of Sunday
newspapers—au arinzwin (the admirer' of Eugene
Sue will understand the term) made up of the scraps
I sold meat from their tables. A couple of pages of
mural reentries are tagged to this edifying narrative
Me a grass after meat.
This is a strange pandas,' to provide for the lite-
rary appetites of the pupils of scripture readers.
We should ae soon have expected to ham beard
"Jack Sheppard" or Deforis "Colonel Jack" recom-
mended to them for the amassment of their leisure
hours. 'since the Manniods and O'Connor have
become the heroes of one of the " Traits for
Parochial Circulation,* we may probably soon see
a cheap issue of the " Newgate Calendar, I. penny
numbers, among that library for the poor and
illiterate.
We have heard of pious philanthropists who' in
famed to aompt the proceeds of a dramatic reprisal&
toe, when offered as a contribution to the feeds .t
some of their innumerable societies. They hared
that money derived from so profane
.a source stet
dontaminate the morals of the peace subscribed
seeinas individuals by beiem mixed mime them.
Rev. Erskine Neale is not so squesesiah. Ho ma
...is' the wind for his favourite misty, by entering
into competition with the literary caterers for that
part of the public whom morbid tastes relish the
annals of mime.

CLERICAL,
PRanatrorn.—asv. B. S. Carus to Milkier*
Boathpert P.C., dio. Cheater; vela* 1071. • peg Bet. C.
Seiko*; vacant by death of Rev. W. Deakin.
Bet. J. F. Dance to Eiltagiligat. Notts, Be. Lauds ;
dew 611. ; pats.. Chaptsc of Cs Chetah of Bestlivell.
Bat. W. Law to Little She B. Cambridgeshire, dio.
Ely ; value 3;01., with residents ; pat., Bet. H. Mask.
Bev. T. A. Pope to St. Matthias P.C., Stoke N .
Bev. I. ilizvaitu.s. to Great sksliord V„ Out r
die. Ely; vales 102. ; psi., Bishop of Ely.
Bet. L. Euoo to Basiunswell and Mdmiston C, Hints,
dio. ,
Winsissexti Lord Bolton; also to Chaplaincy of
the Malan Haat,.
Rev. T. C. insist to Et. Katy's Episcopal Chapel,
Youtross, N.B.
Vacasciu.-31srthall P.C., Chadds' =Chaster ;
Wu 130 l.• pat., W. Ego:lm, Esq. ; vaciat by rosigaatiou
of Bet, John Paul.
Castor V., Berle, dio. Oaford ; pat., Bad of Abligdon ;
salmi by dooms, of Roo. W. Matter.

SPORTING.
TATTERSALL'S-MONDAY.
CHIME CUP.
10 to I opt lard Hardee ParriAlagory (t hotly)
50 to 1 Mr. 84 o's Maio
1,000 to 13 Capt. Hol'a The Meow (t)
1,000 to 15 Lord ChrolordoidWasipt
1,000 to 15 dtr Ballidors
flat toll Mr. Paellas (=won
1,000 toll Mr. IL Carnes
THZ HURL
NO to 100 opt Mast's lot (t)
Ito opt Mr. W. Moods ea (t truly)
II to Doke 011/
Mao%MmonfoGlWMatWOallsia (t freely)
12 to lard 1301 Ibi A
16 to Mr. Mdibleo MUNI (t Ivoido to 1)
20 to Mr. L Oastes=(t 33 to I)
ZS to lard Aklies
15 to lardiadhre Deism
30to Leda sals MMus the Corpora, (t hotly)
to Orear The (t)
30 to Mr. RlMmoolo's V
40 to Ooi. Pal= OP I)
40 to Doke at
1,000 to 1 Mr. PollortUtttolM
Tim odds quoted whoa sad Mate Callum
WHO taken te • large unseat, sad 00 to 1 freely about
Willisa the Conqueror, 1,1110 le 50 Wes sheet The ladled,
sad 1,000 to 40 'boot Cyprus. their llagraidgradDi to
AYLEBBUSTIIIIIIPLII
3to I apt Mr. J. Marrot DM* Tama (t).
sto 1 Mr. Vara% Vow Ma
LIVERPOOL fITHEFLECHASE .

100 even on fhe"En7t-o;, alinrone,
The Young 'Era and Proceed against ths
The Subscription Room will bs cyanid ea Friday seat,
instead of Thursday.

1.4b3 intelligence.

EQUITY COURTS.—Yzernmy.
Emma rum Loma Ciuscasas.
STILES V. OCT.-DUTIES AND L1A311.11131 OP
EiscFroas.

The Lord Chancellor geTrilitssaa fa thittwee (Walsh
was se appeal frogs an order the Vine Orman. of
England, end was argued beforelda leraldp dust a year
ago). The bete of the cue, so fir as it le neesseary to sesta'
them tor the purpose of the question in the ripped, wen
these : A testator of the name of Jolla Teary was fa the
habit, for may years before his death, of
Antony Goy, a solicitor, in the wastosseat of his
Ile appeared to have great seafldnlis la Ws, and mated
Ibis With lame sums of money, kr wide be bat be aseerity,
woo bills of hand and acsonatehie The testator,
A. his will, gave all hb real at to this
Guy and to Richard Tudor, lb See, an to another
Illehard Turkey, called the raw (all whose he also sp.
printed his executors), upon trot, as soon es convenient
Om his death te all for, naive, and get in all
sulk parts thereof as co;sisted of book debts or
orearities for money not approved of by then and
to apply the proceeds upon the trusts of the will No men-
tion wee made in the will of the sum dee treat A. Guy,
which, however, were ofterwards found to sowed 13,0001.
The will contained a proviso that none of the treeless should
be accountabk for say wore of the treat moseys then what
they should respectively receive under the will, sad that se
one of thee should be chargeable with whet the ethers
should receive, bet each for his own ads, ressiple, sad
wilful defaults only ; nor should any of thew be sanwerable
fit hissficitney of securities in which any pert of the trod
meseys night be invested ; nor for any involuntary logs.
the captor died in 1823, and his will was proved by the
Wee executors. The snanagesient of the estate was left by
the two Twiggy. to Antoey Guy, who wee then a rnma of
good credit in the neighbourhood, and entrusted by several
as well as the testator with large ems. In 1829
one of the six e &tighten of the testator, having
for her share of the property left by the testator,
wed
he directed to be divided into equal shares
fee his six daughters sad his only sea ; sad not
oath-fled with the answer she received Sid this bill
ea the equity side of the Court of Exchequer (see 4 Young
end Colhas's Exchequer Reports, 671). The defendants,
the executors, put in theft answers is Desolator of the are
year. Goy in his answer Mailing a &sit of 6,1001., an
order wee obtained by the plabitir_ it payment into court
of that sun, but that order was adererarts selskired, Guy
was desiared a bankrupt, and the miney wee sot =on.
The autruntees in their Games set bath, by way et
that the Denali tee bed isposisay tat plaintiff, who wee
thee adult, aspignoll la timir -dim* the mangy to se-
mis in Guy'. lesads. The Court of Exeisquer directed a
refseesee to the Hauer to inquire hal that plat, sad also,
et as iggpalks eg the maims, whither if they had takes
lindelspa the debt odd have best mewed. The labor
Wralsibigs preserated. Tbs Karam mode his mart is
OM there wasne annlassme as alleW. The
•
ago sum holm the Viet- Monello! la Jew, 1846, cm es.
=awe tbatii=isad gestbie Medina. The
the enespleaso awl Assiut& that
ilho No 'reasoning eaghL 7e bar Amps& nab the whole
aste. aniebssid pay the same into court with latemst at 4
Ilan gnie eat it appearing that various eons had Ma
pill to the testator's estate by Goy, no inquiry
nag abodsd as to than before the Ilesesr. The report
AGM OM Gay had owed to the estate 11A71., end that he
ts hisco.exicutoes 6,4001. The qu etioa la this appeal
the Vier•Chanseller's Misrules was whether the
were chargeable with thr debt. The solution
d daspoltemosiea amorist ea the prinsiplas el this court-
. the ere of parties Me, bolos appoistod execs-
ass M gat is as mute, allow it to reads eat on insufacient
sad to be olthastelp lost. Laskin to those prin.
*les which had been acted ups for a notary, it appeared
to bine quite clear that mestere on bound to use dll-
page to quip
la their meow% mate, sal it wog slo eleu
ad kr & enigma somata& WOW •1111118118 his eleioruen-
We were ereirerable. They, lsy the will and sr
aping tbs trots, Inceree resprestide hir the nesipt. and
el the canto, astwiastondied the dams al ia-
ds is tithe His ImEsidp raging& is motel asel-
dos Dud aka, is Midi be took • aletiastion listwess
infikaten sad tristso, nekled a Magian la anew dads
of ibs latter, but Miami all the 'neaten bead tribe ads
of on, as in" Chsaben e. Mashie" (7 Tot lides:e.
BMW (11 Vss ,1126), sadjasay,la Mass:el" Midair s
Mee v 78011096). Her sosstat is gamely pone, ma
and" nobles his orgagenter to Malicia or le
Esmrpte
of the estate, be beams Mls, having it stash, eat bessaliathinly bond to wails
ilia et mammal!; eY el Idiots esrosiely is te ad le
ES debts, at te raglan the preprty fir 1M
landed. It wog impor 1. to
ragLUte gm. As MUM wbs stead, by wMlbi
•
ids sodgelstar is emaittaLtbsail: of his duty, is
ale kr the Mara sio named is two ."
aim ea ads gabfest, dsokisd tbe present Wan el the
Bib, vb. " Booth s. Booth" (1 Iss, 126), tail " Lbs•

~`

pa e. Wright" (4 Beams, 427). lie mold sot Gam-
ete them ewe; he could met discover say distillation
Memo them sad this ars is respect Of the principle
syllable to the subject, ace bad be say dispeehiss to shake
flat principle. Hs had entered into this wee se tally he.
woe IM tote darkens that emeaters Mould know that they
wee answerable la this wort far segligsses or Mattentlea
t. their duties, aad they amid set rely ter their protection
et the old ewes ea this welded. It was use these execaters
did sot lathe
sem themseives lawn by say bewees hem-their brassie ef tract; they
the low saddled by Vie estates.
Is was else* ef cct that they were propel, held liable
by the 'lest~s dames le make good that km to
tse OW% XXI lhat they pay ia the seta dos from
Andisy they, with le meet
later at 4 per mat., Irma the death of
tie weleasr. lerdsitip, thsrefere, afirmed the Vies-
Clwassikes decree, sad dismissed the wool with wets.
Ix me TX' filmaxwasear GlLLintill 80100 i. Ex PASTS
• TiIIiTIXL---ALI7JIA7IO3III IX tan SCIRILX 07 Eat/-

GlTTrineesemerpool boa ea order of the Vies-Chancellor
d Salerod the petition Vice trustees, pennated
oar lila act II Geo. 111., e. 101. soled Sir 8. Esmill 's
stet es as groan& thee the undid neighs the
cis degree the obseistei 'younsesilly the is
the seism if elassien. Tie Wiwi was foaled and en-
dowed by Edward VI., Clad further endowments were
node by Qom Eliz.beah, sad the whoa wee bother re-
plete& by a comparatively recant set, 34 Geo. 111., e. 61.
Th. Lord Cheaosllorom the epaulet of the appeal' on
&today, held that he bad jois• to do all that the
with nen asked—sousely, to apply the surplus funds is
their heads to en enlargement of the existing scheme.
The arpounests were then proceeded with by the Solid.
toGoseral sad Mr. Kenyon for the petitioners (the nu-
tan), Mr. Besot sad Mr. Glasse for St. John's College,
°abed, the visitors of the school; Mr. Wood and 31r.
Abbot for the bead natter, Dr. Kennedy ; Mr. Store
sypear kw the Whop of the dicers ; Mr. Ric, Mr.
Mat, sad *. Bay Or other perdu,'
The Lad Chanedier, at in glebe of the argument, di.
noted • Monne, to the roaster to consider and report on
the alteratioes aid enlargements of the existing scheme
reposed in the petitions—the opposing pries ell being
Wowed to intend, bat at their own costs, or all events
with a ruination of the question of
.•

Ism rum bursa or we Sou&
BoLL v. Goarms.-Borr Aswan Tamen.
This suit was instituted by oarless parties claiming nadir
s letdown made is April, 1848, oa the wrier -of Ca-
mine iteldwia with dames Cowes in respect of entails
funds which were subject to jk Irani of the
.sereseek.* t.
ik.lt
ZrardTaldwir dated la MOS sad MOL Canine Taid:
eta wee interested in bar fawn paraded elms, sad ea her
nertias* such !merest was oalpisJ to Menge Praleriek
Garden sad Fermis de Ti act es ands Sob Mir the Was-
ik et herself, sad husband, ad ddldsle, ad Juan
Cowes, the hisbesd, emulated dm the wheat by his
isesesers to the trusiesOf the mils se 4d068. Praha
sands din hk dosease, to be hid es thi truss et ties
essikenst. • There were three dilates of the
tea deregbtars and a cos, ass of the Amines .=
the ddiedeat William Hanna, sad the ethet the
plant Men Roll. Janes COWS& died be SeV, um,
hawing apnoea James Lowe aad T. de Tenet his anew
tete. LiiillMset to the above trust folk there wee she a
sea et Omsk led by the will of Kr. Tends Buries, whin
mu salsa bathe trunk of the indents!. The HI
Gerais sod 111 Tsetse with brasha of trust la see=
In sad sedieng Cowaa's Eire el her false% Wets
sad the 4ASIL emanated Sr be paid •by her Maud.
Aad it sew& asseende again them sad*, passed repie:
seatatime ef James Lowe la rope& et their elepdwUlW
de ksk fa this respect, sad also la respect of the MA left by
Mr. Siam
Mews. Tamer, Malin, Glasse, and Begibawe appeared
the Alin& ; limn. Roundel! Palmer ail Reensw for
Jim* Learn 'neaten ; Mr. Miller ter Gerdes I esd Mr.
Tend. he De Tesler.
It was eiskoded he the defendants that the pis kW. had
not mole eat their 'barges spinet the defendants, sad ob-
jectless were fakes ie the form of tbe wait and to the rights
of wise et the pieladilb to institute it.
Ilk isedship einnod his judgment.

COURT OF QUERN'S BENCH.—YasTraDAY.
HAWKINSON MID A/1.011111 (RXICIIT0111) V. ALCOCI.,

Au.sezi Gzsr,

This was as action which had Dan nought by the men-
tors of a gentleman of the name of Morgan, who before his
death resided in Derchesterplam, Blaiulfok square, to ro-
amer a ram of 821., which bad been eetainied by the Wen-
' dud as an alleged gift to him by the doomed. It appeared
that the deemed Morgan was a can of property, and was
on terms of intimacy with defendant, and a short time pre-
viously to his dash he paid him a visit, on which occasion,
se alleged by the doleschutt, be gave him a puns containing
the sus In question. The fact of the gift wee disputed by
the relatives of the deemed, and this action was brought
when the verdict was found for the defendant.
Mr. Humbly on a former day obtained a rule to show
cause why them should not be a new trial, en the ground
that the cr. slice was against widens,.
11 rilleejeamlihmMi Mr.Reses now appeared to show mass
against the nip, sad smoossiml that it was a crake he the
jury whether the meg was given to the dafesdast m a gift
or to take sare of; that ft woo quite natural that, sonsiderusg
the tense of intimacy the defendant was not with the &-
ceased, that he should make him • present, sad that It was
proved In evidence that he did so.
The court, however, without hearing Mr. Sumfmy and
Mr. Bovill is support of the rule, made it absolute.
Their lordships race at an early hour to meet the other
judges in the Court of Exchequer to settle the roll of sheriff,
fm the mains year.

COURT OF EXCHEQUER.-YESTERDAY.
_ &Tram or BAROM. _

GOSDBX O. ELPHICL AND Bziul/17:J1

CONSTAILIS.

This was an action to recover compensation in damages
be blot imprismanwat. Similar actions were brought against
I she ease dniendeate by persons named Vass and Maynard,
and the three melee were heard before Mr. Baron Alderson
at this Let swim fee Surrey, when verdicts passed In each
wee fee the inhatiente.
Mr. Hawkins new moved on behalf of each of the plaintiffs
fora rale to set aside the verdiet, and for a new trial , on the
round of misdirection. It appeared that while the plata-
tiffs had boss eagegid in selling a horse at a fair on the
county of Surrey, the animal became frightened, and ran
away. A crowd Gauged, and, in endeavouring to
the horse knocked down a boy, whose arm was broke,
the fall. The byetanden became Locoweed at the injury eon-
witted, and called for the police, whenspon Bennett, one of
the defendants, and a constable proceeded to arrest some other
person not directly connected with the occurrence. The
other defendant (Elphick), who had witnessed the entire
treametion, and had seen the horse escape, although one of
the plaintiffs had held the halter on its head, explained the
circumstances to Bennett, who immediately wrested the
three plaintiffs and took them before a magistrate, by whom
they were discharged next day. They then brought the
present actions. The =iodination complained of was, that
the learned judge told the jury the questions for their cowl-
derail= were—fin; whether Blpkick had given the plaintiffs
into custody, or had merely pointed them oat to Bennett as
the perms who ought to have been taken no if any one was
responsible; and secondly, whether Bennett had acted bored
fide under the impression that he, as a constable, was justi-
fied in arresting the pubes. If so, the learned baron said
Bennett would be entitled to the protection of 24 Gee. 11., c.
44, which Tr wired that ell actions of this kind should be
brought within Mx swaths after the arrest. A longer tints
had elapsed in these ewe; and if the jury believed
that Bennett bad acted bona fide he was entitled to
a verdict in each wee. The jury hating found accordingly
on both plate, it was sow submitted that respecting
Bennett, the jug should have hominid that there ought to
have been reasonable grounds for his having arrested the
plaintiff; in order to justify him. As to Elphirk, it was
contended the widows showed that what he said to benneu
amounted to actually giving the plaintiffs into custody, for
he pointed them out as the parties who should have been
taken up, and therefore that the learned baron bad misdi-
rected use jury in submitting the questions to them as he
bad done.
The Court were of opiaion that there was no ground for,
the rule in either ease. There was no doubt that Bennett
we a patronise', end the question of reasonablenem of bona
fides was necessary to be imported only into actions where
the doubt was whether the defendant filled the character
under which he assumed to act. As to Elphick. if he were
to be held responsible for doing what the jury found he tad
done, Wilda was merely poiatiag eat the real parties to •
constabis who had mistaken Dome one else, the result would
be Wane person would take upon himself the nsponsibilhy
of say ambiance to the police, or those engaged is
ftrasim of the law. Upon both points the raise
diewlithwelere be refused.
The boned Banns nee at half-past ens o'eleek„ to meet
the cabinet 'sinister, and the judges of the ether warts, for
the puree of pricking the shwi.% foe the *min year.

INSOLVENT DEBTORS' COURT.—Yznsanix.
Him= run Crew Conenenowen.
Ix as RINTON NICHOLSON.
This insolvent, who formerly kept the derrick's Head
Tavern, Bow street, and now the Justice Tavern, in the
same street, applied to be dieekarged. Mr. Bargood opposed
for Mr. Shulman, a wins merchant, and Mr. Morrison, a
baker. He was supported by Mr. Cooke.
It appeased from the examination of the insolvent,
whose ease bad attracted a number of spectators, that the
present was his fourth appearance in the same character.
He had been a bankrupt, but stated that under his bank.
ruanitzle:lttii:dltatid hiszecftini:44boNel2e. inAsto rand;
credit= more then 4,0001. kik present debt bad s
the &wa-
ists were about 6,0001., and at present there was no pro-
=further than what was deposited wi,b creditors. He,
engoeMed that his intemut in Ctenummeigardess
would trialkis mastilati fee his creditor,, and In the event
of the llsonlangtsg al Kr. Ellis, the proprietor of the gardens,
being espownisa,b. &sold be satiated to a situation of 61. a
week at dr *Mei he wee willing to give up to his
eraditoen. was mamboed al ems length with repeat 6*
kis In miff Illnalsoo with Mr. Ellis, to whoa
he bet Mid part of lb is in tho gardens, and aleo with
Yr. Illibgela, of the Albion Tavern, who, bad di counted
bills he Lun
ge sabwitled EMU/kg suave out be filed,
dna required din allindinse et Mr. a bill die-
solutiers WWI wimps' ibelesebeee lie; hail atialerOSS trans-
options, sod It Prsek isho had bessioed from insolvent ao-
eeptaaese for an old debt In a Amer aliodule.
Xs. Cooks urged that the inesivent tad filed the best
ecootwes be mall._

In thsamir-saod the ease it transpired that the insolvent
I had li " lOW amble" to ride about in with the view of