The Express.
London, England, 1858-04-20 00:00:00

THE EXPREsti. TUESDAY EvFNING, APRIL 20, INN.

TEE CHURCH-141E QUESTION.
...-.....
DEPUTATION TO THE EARL OF DERBY.

y7;ii dal; es y ernoon t tation, consisting of
members al parliament sad other:, waited on the Bari of
Derby, the First Lord of the Treasury, at his oillidal nsf
&see in Dowsing-West, in deprecation of the hi/ now before
the Howe of Co latircduced by Sir John Trelewity,
be the gado& of rates.
The oonehited of the Duke of Marlborough,
Viscount the lion. Frederica Lygoa,_ .M.P the
Hos. Witham M.P., the Hon. Colossi Dancombe,
M.P., the Hon Mater H. L. Powys, Mr. T. T. Bernard,
M.P., Captain, Grey, M.P., Mr. 8. Waddington, Mr.
A. G. •lemn, Mr. Um IL Knott, the hon. secretary cd
the ottee of laymen, and other gestiemee.
The Duke Manz.noaccoa aintimed the diputalioe,
and handed in a Mateinent, has mid& it a/rand b/ tb
returns laid Won parliament that el the parish@ wiikh
lent in replies to the gumbos trammilled to them, men
than 96 per ma k great the ram, wmll thee N wham ere ie.
tweed ea having la theme yaws wheel dwelt wish bat
within the last few yews genial ihow. Annewing the
population of ell ego mew whir &mot to be commen-
sante with the Minos prirebled by these who on principle
may be supposed M oppose the setabliasi church, according
to the analysed emu el left the total may be taken at
2,700,000; and were this amber island into the heeds of
famines reseiWag. that portion of the popalatims, sad
every head el the hail were an objemor the number would
sot exceed 640,000. compered with the number
who paid the rate, it would be bend that the direst/eats
were very few. Many of the canna which had bees
whet the collection of the church rate were=
daily removed, end, ia het, the Lain was not
user so strong whet the rate as was swirled.
He contended that the movement against the rate wee radar
political than model amsointions sorspies, enid read ea
attract how the ffeneenferetiat, tatimallng tern, the ultimate
design of the movesmat wail against the shame el the
established church.

After some reasatteftwa Ilr STAPLETON ENS Mr. KllO7l

The Heel of Dane said he hardly knew whet it wee
that they wished him to reply to on the edged wink they
had brought before him. He felt nue MOM Of thin could
have any doubt es to his win to auppert nil uphold the
eatabliand church. (Hear) Minim he saw no 1118110111
why the rate should not be cannon, se he agreed with
those who had addreesed him that it woe men nery to )ran-
taia the right of the established church. Ha iatesded to
grpouewwse the same coarse with regard to church rano as
bltheeto, unless he saw • solution which might be adopted
without anificlng the main principle. He believed the
tsou that both parties speed in rinsing to accept
hhe a compromise ; one party will have it ea at pro-
-. 77&• another would have nothing WS than its Nuke
H. should not, thermion, depart from his Fenn
course until he had laid down • solution which would not
ascrilee the men principle of the geodes, het which would
easily put an end to the struggle. He betrayal the
in the House of Oommose woe in favour of the aboiltr3
the rate, sad if be renesarand rightly the mond of
the bill Weaned hy Mr Trelawny wee carried •
large majority. (lir. Lora stated the number to be )
He could have wined that the bill should not go into com-
mittee, bet it would new do eor,, and then it would unfortu-
nately be added to those quills that rase one house with-
out passing the other. It wee Inn he believed, that in many
wines the rate wee eolhoted without any dif6culty ;
but it was opposed by a Inv vexatious individuals, an in
some crass the minority method neonatally to defeat the
majority. lie repined that he eaw no such aolutiou it
present as he should think 6t to not* end until he saw some
such solution he should continue to oppose any !ensure for
the abolition of the rate which be did not think wee jua-
tillable.

Tba Dab of MAILLHOROCOH end the deputation only
treated his lordship to repudiate any attempt that would
Whet the rights of the established church. He believed that
the tabs in rapport of the rate was immoving, and that
°boomtown would arise to still further improve that
=idyl, could state that in • parish adjoining his seat in
ea individual had resisted the tats end refused
its Some time afterwards, however, that person
woe obarchwablen, and immediately afterwards he
made • nde enforcing its payment.
The &A of Daisy wished to know if it had ever marred
to any of the members of the deputation to adopt a systems of
voluntary mainutation of church rates, to give pernbellon
to parishes to buy the rate, or in other words, to give power
to landholders to charge their estates with • certain ram
annually to meet that object. He believed that if anything
of that kind could be worked it would form the beets of a
good principle. He woo afraid, however, that the objections
to say iotornabilata easseture were so great that it would not
do to tone the Ratter oath some such solution as he had
gegrimold bee proponded.
Dab of Manta H said that to the pada of
Ilszyleboata the rats merged°° Into the poor rats. He be-
lieved it ems to about Id. in the pound. That wee obtained
by a loal sot
The Sari of Daisy—You would not find it my, I think,
to get emit an act sew.
Mr. PACMI, M.P., said he had very great pleasure in
iraeriag from Lord Derby • suggestion for the voluntary
oommutatlon of church rates. In • bill which be had the
honour to introduce into the House of Commons two years
ago on the subject of church rates, snit a provision formed
part of his bill, but although, as a private member, he had
not much encouragement in obtaining its adoption, h. should
have great confidence in HI fftleCale If the noble lord at the
heed of the goverment would give it the weight of his in-
finatial position.
The Sari of West reminded the deputation that what he
said wee merely a suggestion.
VinOnlit DIINGANNON said what the deputation wanted
wee that the bill Introduced by Sir J. Trevelyan should be
thrown out

The Ball of DZILBY said, In reply, that no doubt it would
les thrown oat, but not In the Howe of Common., if him
knowledge of that hoses wee correct.
After morn further conversation.

The Earl of Dauer said he believed it was true that the
question of the abolition of the rate was not one of amount,
bat rather one of • political character.
Viscount DUMOANNON said, it would gine the greatest
satisfaction when It was known that such a declaration se
they had that day heard bad been made on behalf of her
Majesty's goveramtat—that the bill which bad been intro-
duced to abolish the rate would not be allowed to pass. Such
a statement mnatareake a strong maniftetation of lean •
had warmly are buss known—and would greatly gratify not
only the whale at lie lorthihM's supportma, but Mao the
whole of the clergy tithe Betabgahed Church.
The deputation then retired.

Ml USIC.

tato inttiltgenct.

COURT OF QUEEN'S BENCH.-Apim 19.

(Raw fa Saaeo.—Balan Lad Campbell sad Artless
Wtgbimaa, Brie, sad Crampton.)

LANDON P. IWINPEK ♦ND ANOTNII.-LBOALITT OP AN

ARAZIT.

This was an action for illegal meat, tried tehre Mr
Baron Wawa at Stafford, in whisk the jury returned a
verdict hr the phdatif on the fist (the material) count, with
Era guineas damages, and for the defendant on the second.
Mr. Berjeant Pigott now moved bra rule to show osass
why • verdict should not be entered for the defindent on the
bet count. It amend that • sheriff's alter named Wool-
rich went to &MA the *tad! under a writ el ca. ea. On
reaching the plaintiff's loam his approach via discovered,
sad precendoes were taken to prevent his entrance. Seeing
:windowgisdoWoolrich procured a ladder, with the inks-
km of at the plaintiff is that way ; but he no sooner
reached the w than itwas shut &ruby the plaintiff; lad
to the drhadant's evidence the °Meer encased
In tca ag him, by mans of a hole in a pane of gime, which
had beat broken by the force with which their/111110W wan closed.
There tree • conflict of testimony, both as to who broke the
pane and as to whether the plaintiff put out his hand through
the hole*, the officer put in his, but there wee no doubt
that the Aar touched the plaintiff, and rid " You are my
." Upon the four questions left by the judge to the
furiray °ll4rthey hand—ftrat, that the window was closed and fas-
tened when Woolrich touched the plaintiff; secondly, that
Wootrich put kis Head through the broken pane of glass ;
thirdly, that Woolrich did not break the pane ; and fourthly,
that the plaintiff did not put his band through the window.
Upon thine facts the question of law arose whether there
had been a good arrest.
Mr. Berjeant Pigott contended that there had, and in rap-
port of his argument quoted an authority in which it had
been held that a touch with the end of the Anger, moms-
piWed by an intimation that the party was • prisoner, was •
lawful arrest.
The court granted • rule.

COURT OF COMMON PLRAIL-A PAIL 19.
APPLICATION POl AN IN/UNCTION AeAnisT TAM ORIAT
WOITNIN RAILWAY COMPANY,

Mr. BovM, Q.C., applied for a ride calling upon the
Gnat Western Railway Company to show caws why •
paperdijuncto should not issue, enninng them to carry
p for Masora. Pickled and Co. from Bristol to London,
at the same Wes as they charged to Mr. Somerville. Paper
was placed by the company in the third class of goods, and
they charged lbws. Pickford from Bristol to London
U. 108.24. stein, szelatte et oollsotion at Bristol and delivery
in London. Mr. Somerville supplied paper to her Majesty's
Stationery office, and was in the habit of sending as mach or
240 tons a year to London. Before October lest Mr. Somer-
ville sent the paper to London invoiced to Meson. Pickled,
who got the profit upon delivering it. Before Aaron paper
had bean in the first clams, and was charged 22a. Id. per ton,
and after the increase of rate Mr. Somerville said it would
be better to send by sea than to pay the extra charge, and
he asked Mune. Pickford to apply for a reduction. The
company did not secede to the request, but themselves made
an area mint with Mr. Somerville and agreed to carry his
pew at 212 e. 4d. per ton. This it was submitted was an on-
der;ameierencee within the meaning of the Railway and Canal
Act.
Rule granted.

COURT OF EXCHEQURR.—Apin. 19.
(Sittings at Niel Peiv.—Brian Hama Watson aad Comma
Jurist.)
000 DION LLOYD.-• CAOTION TO WNW

Mr. Collier end Mr. Gray were counsel for the plaintiff;
Berjeant Mee and another learned gentleman repre-
ssed the defendant.
The plaiatlti and the defendant are rival drapers, carrying
ca at Shoredisth, and the melon wast=ht for
libel under the following circumstances men-
plead that the defendant had bought from establish-
went a lady's mantle for 215... end then displayed it in •
soiled rad crumpled state in his window, pinning to it the
following datteriog announceresat--" Bought at Goodeon's
for 211. ; compare this with ours at 194.9 d." This ruse so
injured his trade that he lost the sale of 400 mantles, and he
now laid his damages at 300/.
In cross-examination, it was amitied by the *lndiana
him assistant that it was the practice, when ladies mane in to
parches en article displayed in the window to remove it and
contrive to supply her with an inferior article, when the pur-
chaser, seeing the place in the window vacant, went away
under the belief that she had bought that which she in-
tended.

Watem, in summing up, commented strongly ea
this admission, observing that such a practice wee, using the
mildest language, cheating, and that the plaintiff sad his
witness were liable to • charge of conspiracy at the Old
Batley.
The Jury immediately returned a verdict for the defendant
(Bittinp Burao.—Brfore the Lord Chief Baron and
Barons Martin, Bramwell, and Chsanell.)
RILL C. POI. SOUR RACING
-

Mr. Chambers moved a rule calling on the plaintiff to
show cause why the verdict found for him should not be
entered for the defendant on the ground that it was
evidence. The action, which was tried before Mr. %titre:
Brie at the Kingston Amines, was brought to recover the
principal and interest which the defendant, under a deed
dated 13th of July, 1860, had oovenanted to pay. The de-
fendant pleaded in effect that he had given the securities
mid on for a sum of money lent to pay certain debts incurred
than illegal game, to wit, horse using, and that they came
within the meaning of the 9th of Anne, and the 6th and Bth
Wm. IV. Having tendered a bill of exceptions to the ruling
of the learned judge, he would found his motion only on the
ground that the verdict was against evidence. The facts of the
tees were these. Mr. Fox,who had been for many years on the
turf, bad previous to 1860 several betting transactions with
Harry Hill—for that was the name by which the plaintiff
err known in sporting circles, and had occaaionally bor-
rowed money from him to pay his bets. The defendant lost
to the plaintiff 1,8601. on the Derby of 1860, and before the
settling-day asked the plaintiff to advance him money for the
Meof paying his losses on that event. Hill referred
ths solicitors, Mere. Wilkinson and Hill, of &villa-
, row—Mr. Hill being no relation of the plaintiff--end It was
arranged that Hill should advance 2,0001., Fox giving as
escurfty a deed covenanting to repay the prima.* with In-
terco! at '5 per cent., and lodging the policies of certain in-
sensate with the undertaking that be would keep up the
Zitwhich he had done for some time, when fail-
' his payments the action was brought. In
a few days afterwards Hill called on the plaintiff's
solicitors, who gave him the plaintiff's cheque for 2,0001.
This the defendant took to the plaintiff, at Webb's Hotel, and
handed it to him, expecting to receive the difference, but the
plaintiff said that would net do, and told him to get it cashed,
' which he did, and them paid him the 1,6601., after which he
went to Tattersall's and paid the residue on his other losses.
The dehaant swore that before the advance wee made it was
arranged that ha should pay the plaintiff's debt out of the
money. The plaintiff had denied that there was any express
condition or wthulation that the defendant should pay the
1,6501. he had lost; but in his cross-examination he ad-
mitted that he fully expected that the defendant would in
honour pay the debt out of the amount advanced. He con-
tended that the jury ought, not only en the evidence of the
defendant, bat on that of the plaintiff, to have returned a ver-
dict for the defendant, and cited " oeieawood tr. Slane," 11th
Common Bench, p. 638, in supporting hie argument.
The Lord Chief Baron—The question is was the wager il-
legal. The tenting money to pa a wager is no more illegal
than to lend money for charity. He was quite certain of
this. that if a man came to him and asked him to lend him
1001. to pay a wager, and he did so, he could recover it
Mr. Chambers would submit not.

Fie lord Chief Baron—claming is, in certain cues, sub-
ject to penalties, but there is no act to prevent a person laying
Warrr..Chambers—You could not recover the mosey wagered.
' The Lord Chief Baron—No ; but that is not merely on the
ground that the parties were ftsgrante delictu, but it is to
prevent examinee and deceitful gamine. A wager on a hone
race was not Hiegel in the reign of Queen Anne, and If a
wager Is not illegal, lending a person money to pay it Is not
illegal. The question in this on i e s, was the lending the
money a mere contrivance to get rid of the statute. Hill
said he expected that Fox would pay him, but he had a per-
fect right not to do so, and If so, the verdict of the jury was
right as a matter of foot.
The court granted a rule mid

'elf u you did before, you blackguard, you
scoundrel."
The Lord Chief Baron—Wu Mr. Tooker a witness and
Mr. Batten a magistrate P
Mr. Blade—Not acting, my lord ; but he had his hat on.
(Wetter) The jury found a vodka for the plaintiff, the
case having lasted two days, and the learned judge, Mr.
Justice Crowder, having MW an hour more to sum up than
Lead Campbell did on the Britt& Beck trials. (Laughter)
Mr. Baron Bramwell—l conclude from the time which the
learned judge took to sum rep he had not a very strong im-
pression on the case himeatL
The Lord Chief Baron said the Court would consult Mr
Justice Crowder before they gave their decision.

COURT OF BANIERUPTCY.—Apan. 19.
(Before Mr. Commissioner (ionibern.)
IN RR BAKKE AND
_BAKRIL7IN.RI OARED ADD DALIN.

ACCOMMODATION BILL.
Tits bankrupts in the first me, brother and slater, bad
carried on business as sniffiness! at Camberwell. W. Baker
bad alio traded as a stay manufsotwery in partnership with
Orem, in Newgate-street. Their application for certificate*
washer:a a few days ego, when that of Lucy Baker was de-
cided on, judgment being marred in the came of Green and
Baker._ .

RisHamour now gave judgment. There was one frattre
in these cases out of the ordinary course. Neither of the
bankrupts had furnished any balance-sheet, but had oon-
tented thentealves with filing • list of their creditors and
liabilities, and • statement of the debts due to
them. They excused thiamin,' by stating that
their books bad bean so Imperfectly kept that they were
unable to furnish • faithful record of their trading. This
was better than doing what was done in 99 came out of 100—
paying a man a large rim to invent a set of figures which
wen only mknIMM to mislead. In each of these matte
there would have been a tolerable dividend, but for the
liabilities on accommodation bills. Aooommodation bills

seemed to have been the great steile of the trade of William
Baker ; he bad dealt induce ; end in so doing had ruined
his doter, weio had done bar best to make the badness
answer. Baker was one of those gentlemen called commercial
travellers, with • large salary, going about the country,
living very coneloly at inns, and accommodating people
by what wee called "doing them • hill"—u mischievous a
character ma could well be found. The proceedings
of this itenerant commercial gentleman had rw
suited, in no very long period, in int=ce:
liability of 6,2001. These accommodation
were becoming so seriously important and of each dilly TO`
eurrence that it wee abeulutely incumbent upon these courts,
—lf their judgments were to hays any tameficial effect upon
commercial dealings—to visit the parties caucused in these
transactions with reprobation and seven IsLment. He
could not do lees the:Eolith* el Baker for 12
'Wender months, and would be withhold for three
months unless the whited him to have it. In all
cues where the echo: amoramodelica bills had been re-
sorted to to any extent, each would be the invariable
ml• of the court. ores ought to be punished and It
was no punishment to saapand the certificate sad give pro-
?Zarepecially in the ease of a man who was
ng about the country. As to Green, his was
• miftetsd case. He knew little of what was going
foreard; he had trusted to his partner, who was the
ing man ; sad the justhe of the ceme would be matialledmaawil
respect to him by suspending the entileate for six months.
In each case the certificate would be of the lowed class.
Mr. Degree, for the assignees in Baker and Baker, con-
sented to die bankrupt Baker having protection.
Mr. Turner, representing the e peee in the other ease,
objected.
lir. Lawrence having addressed the court on the question
a Protection,
His Honour said that the trade assignee in Green and
Baker (who w as present) might take • da7 or two to consider
whether be would consent to =action or not, and the
court would be guided by his