The Express.
London, England, 1859-06-16 00:00:00

Rale batlligtntr.

mood their regi.ter of shareholders by retelling hie num
ea the ovate of the 1,000 Amoy. Toe que.t.9o today
whether fhb' tole should be Tad, albsolnv.

vitURTOF QUEENS BENCII.-JuxL 15.

M Braco.—(l3cfore Lord Ciumptiell, Mr. Justice
alajaAkteria, Mr. Jabs Mr* sad Mr. Janie, Hill.)
111141CIUX IP. TN • !LECTOR Of ST. GE011.011.4 TIIS EMIT.
•

Mr. Haskins aad Mr. Holl eppe oettor the company; Mr.
PK'S eta I. rf tor a seatleu.ao i t wooer n.ra• • .me of
the .hare• new stood, and Mr. Knowles and Mr. Monotone
for Mr. Swan.

----•
It,. 8.311 m wad fur • role cents upon the re. t r of
Georati's la the Ewe t. thew c•totr why a meadow's
oh-uld no- New verp.ll.s; hlte to admit the Rev. Hugh Allen
to preach in the pulpit of that church on &inlays after
the at v ootic pro} ere wove eve-. Th• app:icetion we. made
under tae lod t f Geo. 11., e. 90. It oppoe el that • lecturer
bed been in the habit of preaching in the church alter the
eitertone irgen froze time Immemorial. 1 he.pe est nt tutor
boaeee.Jeoicl the rght, mil in roeurequ-nta of the end
ether uremia • very %law. matte feelion bed prelim up
in the purialt. In eocrequrnoeoi three difkreteet the church
was tl mod tea Stiedey last, and in order if pomible to prevent
the rear this, hamp nine on ftuudey neat he ell mild ask
their lordships to make the rule rensnable to•morrow.
The court treated the appli...Won.
IRV OUR'S (OH 'ERR PROARCCTION OP THE REV. CHARLES
P•HITALrA 0011 ) F. THE RISHOP OF CHICHESTRA.

prelimioary objection was relied by Mr. Rankine.
that the p idiot when none, were upon tb, register shonid
have beeu made parts. t the rule, fur their poverty in the
'awes was a• stake, whilst the company km/ no iakrest in
the wetter, beyond desiring that the name of the true owner,
be WA., 811.411 tou in.crt,d in lie register.
Too court alter soave diem...ion, direc•ed that the rule
eh•iul i be amended by insetting the 1141:11116 of the parties now
upuu the regiat.r.

NEW COURT.
(Before Mr. Commirsioner Kerr.)

Mt DFORD AND ANOTNICRO. DURING -COIMMICIAL

TI►VILLLNA' AO zaugarre.

The plaiailffs castled on timings I. the lam and mulls
trade, and employed eh travellers. Is 11l .r:h last the
plaiwiff. engaged Ilse defendant as traveller, and he started
upon the Midland journey. At Nottiaghaut he met one of
the pleintiffe, who shed hint to sign the following paper:—
" In conatderation of my tittering into your employ at a
mats, to C 0111320 3011 at SW., I hereby agree to do so with the
understanding that is the event of my wishing to
travel for any hose is the state trade sod over
the sated gr.thed, to ney you the •um ant SOL"
The plaintiff. case was that the defendant had broken this
agreement, and they clamed the penalty. At the trial before
Mr. desks Crowds, a kw days ago. • verdict wee entered
for the pagan& is 001., subject to the opinion of the wart
aqua rise questions of law.
Mr. O'Malley now moved to enter • verdict for the de-
fondest, sad submitted the following point,. The defendant
was already in the 'treke of the pliunt.ffs when he signed
the agreement, and was to receive no additional advantage for
signing, end the agreement was therefore without °onside's-
tion, and void is law. The true coastructiou of the agree-
meat was that the defendant was not to Nall for anybody else
whilst he continued in the plaintiffs' service; but the breech
ocinietained of was that he had sad for other persons
on the same ground after be had left the plaku
affs' serrioe. If the plaintiff. wen right is their
oonstrue.ion of the agreement, then it would atn•mot to
this. They might have sent the defendant auccruively
on each of the sin journeys into which they divided England,
end the egresnest would then apply to the whole kingdom.
If it did not terminate when the defendant left the plaintifta'
employ, there wNa tio period abort of his death when it
would terminate, and Use defendant world be prevented from
carrying on his buds's of a commercial traveller in the lace
ant muslin trade In any part of England, and during the
term of his natural life. Such an agreement would be clearly
In restraint of trade, and void by the operation of law.
Rule related.

Dr. l'hillimete, Mr. J. D. Coleridge, sad Mr. Wrathy, now
appearrd to Amends nihilist the role which had bees ob-
tuse! in ibis MPS sett Mr. Bovill, Q.C., Mr. R. Clarke,
sod Gr. Sashes, in oucpOrt of It.
Dr. Plei.b sem mid that ao doubt the declaim of the court
mast degassing."' whet woe the tree coeetruction of the lon •
gawps tithe led sal 4th of Victoria, c. 86. Toe loweed
geatlemea was tees prooreding to go iato all the oorreepood-
eau whi.-h has been madepablic, when be weir stopped by
Lord Campbell, wise desired to know what were the
potato which the learned gentlerasti recent to contend for P
Dr. Phillten vs said he aimed contead againat the role—
lot. Because the power vend in the bi-hop was discretionary
Mammoth se the maim/ di I not alter the nature of the power
rooted in the bishop by the old law, but simply altered the
mode of procedure. 2. That sailer any circumstances
the Rm. Mr. Oulightly wad not • proper peroon to promote
the Alm °first's is ssch • ewe, Inasmuch se he was tri no
way conalated with the dMotee, but resided le Holywell-
street. Oxford. And 3. That the bebop had almody
bon:t file ieveatisited the charges made aitoinst the Rev.
Richard Rowlett, and thereLre chat there wee no ground for
the tat, rfeisnoo of the court. The proposition contended for
on the other aide was in less than this . that it woe compe-
tent to say perms reeding no matter when M Busload to
compel the bishop to Issues commiesion to inquire into the
cberarter of any clergyman—no meter who that clergy-
man wee—ire matter how irreproachable his charms-
ter stood. Calms this power of twice • commie-
aloe was discretionary in the bishops, it was im-
possible to Irossine • regulation more calculated
to upset the deetplins of the church of England. Erse In
liee moat halcyon days of the church it would have been fin-
Female to have ideolnle•ered its affairs subject to the nal.
Mid does on the opposite side.
Lordted? Campbell—How are the costa of them proceedings
regula
Dr. Phillimore—There is no power under the set of order-
L( elate Limiest any one, no matter how frivolous the inquiry
wriadtant 'at to be.
Campbell—Upon whom would the costs of inning
the ocentoissiou fall?
_

Dr. Platraorto—tha soothed party hag always had to pay
the whole coat, of tha catommion.

THE.EXTRESS,.THUBWDAY EVENING, JUNE 16, 1109.

ouglir net to le canakted of a higher crime than man-
slaughter_

Baron Bramwell ructimod up, and the jury f mod the pri-
soner Uvirty of msnehuelver.
The learned judge ...it that the prainter had born gaily of
a very en•,rru.,us ins.., and One as INUIT appro ailing to
murder SS could be Imagined, and he sentenael him to he
kept in penal servitude for twenty years.

&rat Swab, 29, spinster, war iodictel for feloniously re-
defog • quantity of pit e, the property of Thomas Bell,
knowing it to have been stolen.
Mr. W. Cooper pie:teethed ; and Mr. Metcalfe appeared
ix the prisoner.
It &peeved that on the night of the 13th of May the
halm of Mr. Thomas Bell, of I/' Broad -street, City, Burger.-
dent ist, was entered, and plot* and money to the velne of 601.
stolen. On the afternoon of the next day some information
was given by Messrs. Beyer, of Bastian, to Mark Bull, an
Mawr of the City, sod upon hie going to their .hop he there
found the prisoner, who had brought the whole of the plate
which heel been *tot. n, and °Sued it for sale stating it to
be her own. When questioned by the °Mori she said that
the was an turfortunate woman, and that the propetty had
been given to her by some men to sell, and that she was to
have 11. She refused t> give any address, but described the
man whom she said had given it to her, and the piece where
she was to meet him. The police went to the place, hat
could not Sad any one, neither had they teen this to die-
cover who the prisoner was.
The jury having found her Guilty,
She was sentenced to nine encothe' imprisonment.
Michael Oold4ein 28, toolmaker, and dimly Mark
Goldberg, 39, cabinet-maker, were Indicted fur conspiring
"Le?r to defraud the South-Eastern Railway Company.
.*Serjeasit Ballantine, with whom was Mr.Woollett, was
scially retained to prosecute on behalf of the company ;
Mr Robinson and Mr. Orridge defended.
It appeared from the statement of the learned wisest,
which was billy borne out by the evidence, that io Novem-
ber lest *hippie/ors Gol (stein wrap to Reeding by
the South Rasters Railway front London- go. By that
tr.da in the luggage departmint there were only throe
packages for the town of Reding, and one of them wee a
tea-chest. On the train arriving at Reeding the primmer
Goldbt re Mine on the platform, and did not then appear to be
known to the other prisoner. Goldberg then claimed the lea-
ched which had been brought down from London, whilst
Goldstein insisted that be had given to the ppoorrtteerr
in London • black box labelled, which should
have accompanied him. He amid that that box con-
tained samples of slippers, silk dresses of his wife's, and
clothes of his owe, and the value which he set on them
was 27/. to 301. Eased inquire 1/llamado, but no box sneerer-
big the description wen by boldsteln was discovered, end It
beteg subsequently found that no such box had bean eget
that morning from the Loudon-bridge station the company
refused him compensation, and at the last Chelmsford anise
its brought an action for 301., and was himself examined In
' of his The claim. jury gave him damages for
171 The company had made subrequent inquiries, sad
obtained most clear and satlsfact ry evidence of the fraud
which had been practised upon them and had shwa obtained •
role for a new trial. That evidence was given to-
day, and It proved that Goldhere, after claiming the
tea-chat on the night when Goldstein alleged his, boa to
have taken place, went to the Dun Cow at Reading, where
he wos afterwards joined by Goldstein, and that upon the
next day they both took part in seeding the tea-cheat which
Goldberg had claimed bock to London by the South
Western Railway.
The jury found both prisons" Meaty.
Mr. Sharpe said that he was instructed by the Great
Western Railway Company to state that they bad preferred
an indiatmeat against Ina prisoners for a slimier fraud upon
them.

CLERICENWELL.
Two poor WOOIOCI applied node. the Lllowing
cirwm-
steocee

Tha firet applicant stated that her husband had be•Cout of
work for !MO Om., and that on Saturday thee, with her
chid, applisd for admittance t ) the Clerkeewell inn/theme
which warn refitwel as the ground that the house IVY fell.
Being very downcast and having no home to go to, a police-
man who we. canting gave them some' money which ha col-
lacrad for that corpora. Yesterday afternoon ehe was ad-
mitted to the botwe, and her child, which had a broken arm,
waa taken from her.

Mr. M rold, rhisf ehrk—Waa De arm broken when you
were drunk ?

Applicant—l was not &oak, end If I was it was only
thsoagb bander. As woo as I could get into the workhouse
yesterday I was put to the wank-tub, and this morniog
without any notice the authorities wanted us to sign a paper
and pass us to Derby. As we refused they turned as oat
without • bit of brand. My husband was quite broken-
hearted, and left me to apply here. If Ise bud had a few
shillings he could have gone on to look for work.
Mr. Tyrwhitt gave the applicant a paper to take to the
segue wursbouse

Tee nest applic+nt sta'od that ohs was born in Dobbs, and
hod been in Lindon for the past 20 years. She had lived the
greater part of her life in the City, but for 18 months had
lived in the parish of C2okenwell. About a month since her
husband left her and her family, and some days siooo she
entered ths '• hones." She was u once put to the wssh tub,
and had been there up to yesterday, when she was fetched
and told to sign a paper to peas her to Dublin. She refused
so do so, end was discharged. Sbe thought It was very
hard to be sent back to Dublin whim her husband and
children were In town, and she had been hire for twenty
Mr.
Mr. Ty rwhitt thought she had better try the parish In the
City in which she had melded the longest, and gave her a
small sum out 12 the poor-bin.

MARLBOROUGH-STREET.
Mr. Henry Webber, chcaremonger, No. 1, Brewer-street,
Golden-square, vas atimmoneal for continual azuloyance to
Mrs. Hanitt Wickham, of 17, Sackviila-street, miUiner sad
drommaAer.