The Express.
London, England, 1860-04-26 00:00:00

THE EXPRESS. THUBBDAT WG, APRIL 26, 1860.

NAVAL AND MILITARY.

AintisAmt, Ann. 25. Psonunoms AND

MIOLVTII WM. —Lieutenant C. G. Fre, to the
Chief mess C. Robertaon, to the Archer. I=lllloSessa.
Arrest Keener IL Murray (confirmed), to the Ada, r
esperseunerery. Actri Third Claw Assistant Engineer J.
nig tom the Coensellis.
Arrant &meow A. B. Johns= (confirmed . to the
Oariewallie ; C. Strickland (irdirmed), to the Dam ; C.
isiesiaa, to the Banger ; Arius Assistant Burgeons G.
Darr, to the Cressy ; 0. H. lifesurell, to the Cumber-
Wed ; L T. N. 06.7, to the War.
Anideat Pamirs, H. P. Bresnan, to the Victory, r

CHATHAM, APtIL 25.
Dr. K A. Parkes, proftenor of hygiene, and Dr. W.
Althea, professor of wired at Fort FittHos-
pital this niorniag. sod comas their dada et that as-

A number of convakacent troops who have recently re-
tamed from India, 'rounded and disabled, will leave this
perinea to-morrow morning, and proceed to join their re..
enmities cavalry mid infantry depots. Several moo who
have bees found unfit for further service will at the Marne
time receive their discharge.
PORTSMOUTH, Arm 25.
This morning a court assembled to try John
iith, able seaman, on a charge of basting incited
Andrew Cook to disobey the lawful commands of his
superior cams, by not going on deck when the
watch to wheel' he belonged wee piped to do so,
and also for endeavouring to induce Cook to assist in un-
skippng the leaden, so as to prevent other persons from
coming below. The court found the charges proved, and
sentenced the prisoner to two years' hard labour, and at the
expiration of that period to be dismissed her Majesty's ser-
vice with dignace. The court was then re-constituted, to
try George Jervis, ordinary' seaman, for having in the same
way incited Andrew Cook to disobedience of orders, and
also for remaining below himself when has watch was
called. The prisoner has not long entered the service. The
court found the charges proved, and sentenced the prisoner
to six months' hard tabour in Winchester Gaol.

DEVONPORT, Aram 25.
Atalanta, 16, Commander 8. Pealey, was trans-
from the Dockyard on Saturday to the sheer hulk
reili4t',l and having had her masts and bowsprit taken out,
returned to her berth. She was paid off yesterday.
Aboukir, 90, screw, Captain Douglas Curry, at this port,
has received orders to prepare for sea.
Indus, 7s, late Sag-ship on the North American station,
paid off at this port, has been placed among the ships in
ordinary. The portion of her crew belonging to the eastern
ports were conveyed thither by the Flying Fish, 6, screw,
Commander Hope.
Surprise, 4, screw, Commander Lord F. Cecil, recently
returned from the West Coast of Africa, was paid off at
this port yesterday.
Terrible, 21, screw, Captain Glasse, at this port, is or-
dered to take in stores for foreign service, it is supposed for
the Mediterranean.

--liitieiioundlAbottkir, Donegal, Terrible, Virago,
Askold (ltumian), Avon.
In Hamoase—lmprognable, Royal Adakdde, Implacable,
Cambridge, Wellington, Hero, Royal Albert, Sylph
Nautili'', Redwing, Melpomene, Biter, Baler, Shamrock,,
Partridge.

SPORTING.
SUBSCRIPTION ROOM.—Tummy.
Very little betting, and the principal investment was
that which canoed the retrogression of Blue Ruin for the
Chester Cup. From 20 to I taken early in the evening,
the horse receded to 40 to I. The prices at the close were
as under :

ONE THOUSAND G ULNEAS.
Eves alp*
4 I—Ye (t
t )
6 toto 4 as the two (t)
CHEWER CUP.
11 to 1 apt Peels (t aad 06)
100 to 8 Satellite (t)
14 to 1 Tante Deer (t)
14 to 1 Gespuel (t)
20 to 1 Promised Lad (
20 to 1 St. Albea's (the °Bffrkery oolt, t)
25 to 1 Vieth' (of)
23 to 1 The Brews (t sad of)
50 to I Rising Sun
DERBY.
6 to 1 apt Umpire (off)
33 to 1 The Dross
1200 to 1000 was laid on the Wizard apt Umpire.

FIRST SPRING MEETING.
WEDNESDAY.

JOCK.= CLOW FLATS nowsCilts property of ma.
ben d the Jockey Club ; 4-yr-olds, Tat 2Th ; five, !Lt ;
is and liged, A.C. (4 mike 1 furlong 73 yank)
Lard Illassfours Newcastle, by Nswaisieter, 4 yrs, Tst Ilb
Peedham) W. D.
.J wooio.v.l tio Oaf.. Dollooloo owl ram, gid
sot go to lb. part.
H•NDICAP PLATS of so mom! Brett" Coons (6 furlongs).
Mr. Woe'. Tom TMWatt b 7 Hessbor, aged. Si tllb
(L iksawdee) 1
Mr. Z. ate I by the Plying Watchman—Rosary,
Ps. art sib (J. Maw) I
Mr. LOY. the Antler, 3 yrs, St alb lWoodhesee)
The following also ran Fontembia, Plumper, Water
Sprite, Mousey.
Betting: 6 to 4 apt liftemey, 5 to 1 each apt Tom
Thumb and the Rosy filly. Woo by a head ; a bad third.
limey w fourth, Fontarabia fifth ; Water Sprite sad
"'temper nest, close up.
PLATE of 50 save for :Lyr-olds ; colts, Net Tlb ; sad fillies,
tst 41b. R. M. (1 mile 17 yards).
Mr. Swim:tell'. Weathernol, by W the 41b
1
Lord iitionforti's Bentlock. ast 70, 'A. g
air J. Hawley. Lamar, St 41b (W I
31r. Newlsoirs Ptilloasela. est 11b 'L . 4
Count hatthyany's itabarbiut. B.t 7lb
Betting : 5 to 4 apt Weatherbowad, 3to 1 agog Dew
flock. 5 to I opt any other offered. Weatherboad meth
all the running, and won by a length ; a bad third.
News, 200, eft. D.N. (7 furlongs 210 yards.)
fez J. Hawley's Mathis. by Chanticleer, 4 yrs, Set b_

WeW) 1
Lid 131sarnes f by The Iriffilig Durham's—Mina Whip,
32m Oft 1llb
Bettmg : 3to 1 on Gallus, who made all the running,
sad won by three lengths.
flisumio HAXDICAP XMCLPIITAIICS of 10 soya each, for
3-yr-oide and upwards.. The winner to be mold for 200 eons.
11 eismeaded, icc. First half of Ab.M. (3 furlongs 215 yards.)
(3 son.)
Mr. Airsander's Tyburn, by the Nabob. 3 yrs. lit 10lb

1.1. I*.ieT 1
Mr. H. Rartlea e by Twlmor—Malnatay, Iyys, est Mb
:W. Bottom) 2
Mr. P. 146Aansma's Antonio. 4 yes, wt 121 b
Mr. Watt's Th11311)11311; 3 yin, 7st Mb Charlton, 6
Betting : 6 and 7 to 4 on Antonio 9 to 2 spt Tidlywinks,
Bte 1 apt Tyburn, 100 to 15 apt Mainstay c. Won by a
neck, a length between second and third.
Bwinrunneu of 10 sows. each • for 3-yr-olds, 7st 101 b ;
four, 84 81b ; five and upwards, 84 Illb ; mares and geld.
inp allowed 31b. The winner to be mold for 70 soya, if
demanded, fie. First half of Ab.M. (3 furlongs 215 yards.)
(7 ente.)
Mr. ft. ntephenson's Chanohse, by Surplice, 4 yrs, Mt 51b
0. Fortnum 1
Mr. Newland'. Buttercup. 3 yra, 7st 7Th H. Grtrnahaw) 2
Mr. Prier'. The &Kann Boy, 3 yea. 7113 7lb ,car. 7at 131 b)
K. sh) 3
The following also ma :—Badsworth, c by Tadmora rpMain.
day, and Mountain Ash.
Betting : 5 to 2 apt Chanoine, 3 to 1 aget Buttercup, b to
1 apt Badsworth. Woo by a head. bed third • Bedaworth
was fourth, the other two finishing nearly side by side,
about three lengths off. Chanoine was claimed. - • -s
Lore, 200, h ft. Lest half of Ab.M. (3 furlongs 217 yank).
86, y, Hanley.polyollaoa, by Coils:race% 2 pa
.11st /lb

Doke of Bedford's lambic, 2 yre fist sib J. Mann 1
, 2
Betting : 3 to I on Polyolbion, who won by eight lengths.
Bwrcriersara of 50 suss. each, h ft ; for 3-yr-olds.
Ter 9lb ; fonr, Ant nb ; dee and upwszda, fist 12113. Last
half mile of A. F. (4 nibs.)
Lord Ittainford's Emily, by :Madmen, $ yrs, 7st sib
Mr. P. 'tableaus's Ad 'A. Edwards) 1
men, yin en 715 . .. A. Liay) 2
Betting : 5t02 on Actaeon. Won by two
BWRIPNTAIIIIII of 50 90•11. each, for 31=6; colts,
at nb Bst 21b ; 41b allowance. A.P.4 subs.)
Mr. C. Alexander's Thruaderbolt, en Mb Aunts; w. o.
Pace HANDICAP SWIRPNTAIIND of 50 sows., far 4-yrnkle
and upwards. Winners extra. R.M. (3 subs.)—Baron
Rothschild's North Lincoln, 4 rra, Bst 101 b, end Mr. W. 8.
8. Crawford's Tightfit, 4 yra, 6st 131 h, divided the forfeit.
SwurwrAsse of 50 sova., for 3-yrields ; colt,, flat 1016 ;
11/lies, Bst 61b ;Mb allowance. D.M.
Mr. A Nicholls The Wiserd .. received forfeit.
Duke of Bedford's Wands ,113b1 (wrong— nomination) .. paid
The weather was fine, the supply of racing very scanty,
sod the proceedinp totally, devoid of interest.
BETT22 ;OSP_ TO_BIII_CYCLOCK.

ONE TIIDUS..!ND•
Even aid &Ott the field bac* eltihtlY the call.
to 8 apt Petra (offd)
100 to 8 Dampard
15 14/ 1 Tame Deer
to id 4 Lo
mto 6 f•••• Apoilyoo
100 to 6 - Satellite
25 to 1 i(Ott. Albans (the Bribery colt)
ren freely)
2.5 to 1 The itteeeee ft)
25 to 1 The I snmized Lind (ofd)
25 to 1 Man-at- Sane (t)
40 to 1 Flitoh(t)
DERBY.
4 to 1 apt Umpire
9 to 2 The Wizard
13 to 1 Buccaneer (t)
800 even wee offered on Umpire girt the Wizard. No
takers.

Tim SUBRaLIPTION•ROOM AT TATTOSAU:II will be tinned
on natunlay nut for computing Asolor Cup beta.

----
CavrrAi PALaci. Ois Sanwa Div.
Wenwmo*T, Ann. 111,--Abobokno peruott 1,111 S;
ditto by moos 5111; 11411 railkes. 1,75.

ACCIDENT' ON THEIOREATANORTIEZJILE BAIL.
1111.1111AT.-INVIEST ON rex SUPPERZES.

HATFIELD, WZDASIDAY.
gsAn inquiry waalopened LLB morning, at the
Red Lien Heel, in this town, Wore Kr. Swam, the
county !steam, touching the deaths of Mr. Francis Leslie
Pym and George Peebles, a *Weyer, who were killed in
the widest which hammed Mthe Manchester express
tree of the Gnat Northern Railway, on Monday morn-
ing, as already reeked in thia journal. The preoeedinga
remlito ovate much interest, Colonel Yolked, R.E.,
gerammust inspector of realm Weeded to watch
lr snlimss en Minn of the Rood of Trade. The corn.
pig was regramated by Mr. Hall, barrister, Mr. Sey.
wee Clark, Mr. Oakley, secretary, and Mr. Brydon, en.
Omer ; and Mr. Bartholomew, with Mr. Powers, appeared
for the relatives cif Mr. Pyin. The Hon. and Rev. J. W.
Talbot, rector if Hatfield, wee present.
The jury having viewed the bodies and the scene of the
accident, the following evidence was gone into :
James Bewood said—l was the driver of the engine of
the Manchester 'sprees train which met with the accident
en Monday. We left King's-cross at one minute part ten
—ow minute late. The train consisted of eight carriages
and two breaks. All appeared isle when we left London,
ad oar greatest speed was frem forty to fifty miles an
tow. The train went on all right until we reached Hat-
field, and ea geeing over the by the foot-bridge at
the station the engine began to • te.
Oorceer—What then hammed?
Witam—The bell-rope -broke and the bell rang—the
communketion between the guard and the driver. I =me-
, &Maly shut off steam and reversed say engine. We were thee
going at the rate of about 50 miles =hour. After passing the
crowing the engine oscillated from one aide to the other. I
turned round after the bell-rope broke and saw the omega
trg uttat wiale otlflette= uptn II:71in" I coa
re l the
line. Before I stopped, the coupling of the guard's break
broke away frog the tender, and I put on deem a little in
order that the break should not run into the engine. The
engine kept on the line, and when we stopped I ten back
and saw a lying on its aide in the four-footway.
Did not notice that the wheels were off. I saw a gentleman
lying on the road between the up and down line about
fifteen yards from the carriage. I do not think he was
dead. I wear on to Welwyn junction to stop all incoming
trans, and returned to Hatfield in ten minutte. At the
crossing I found a rail broke on the left or west side of the
down line.

Coroner—How was it broken ?
Witniss—Bight through from the top to the bottom. It
had separated about two inches.
Coroner—Did you observe anything else broken?
Witness—Nothing else except what the train had torn up.
Nothing on the other ale of the line. I did not observe that
any of the chairs were broken, or that there was anything
the matter with the 'deepen.
By Mr. Bartholomew—The oscillation was of a very
violent kind. The thought struck me that a chair or rail
might have sunk a little to cause the mediation. It con.
tinned until we got about half way past the platform. The
oscillation was most violent at the moment it commenced,
and left off as the engine recovered itself. The engine did
not leave the line. The shock of the rolling was the fiat
sensation I felt. Could not tell which carriage was first
affected by the shock. I felt it as the engine went off the
crossing.
Coroner—As you went along did you feel ally other
shocks ?

Witnem—Yes, I felt a strain upon the coupling.
Joseph Moorhouse was next milled. He said—l was the
chief guard to the Manchester express train on Monday
morning, and saw that the couplings, doors, bell, he., were
all right. The train COlLlifliANi of the York van, a Newcastle
composite, Leeds composite, Bradford composite, Halifax
composite, Huddersfield composite, Liverpool composite,
Manchester second-class, first-class, and break van. I was
in the van next to the tender. Mr. Pym was in the centre
compartment of the Bradforde =zre, the fifth from the
tender. Just before the train under the footbridge
I felt a jerk, and the van rockj from one side to the other.
We were then going about fifty miles an hour. The next
thing I observed wan the train oscillating as it rasped over
the spot. The next I new was a pair of wheels running by
the side of the line, and at the same time I felt the shock of
the Bradford going over. It kept coupled to the next
carriage. The engine took thedraw-bar out of the van and went
ahead, aod we stopped very quickly. There was no earrings
between me and the Bradford carriage upset. The Bradford
carriage was turned over on its side in the six-foot way, and
Mr. Pyin was lying on the ground some 30 fest from the
carriage. He was living, and having been placed on
cushions was removed to the Had Lion. The Liverpool and
Huddersfield carriages rested towards the water column.
The Manchester second-claa4was lying on its side in the six-
foot way, and the Manchester first-clam was off the line, out
on its wheels.

Broad
YoHood—Mr. Pym was found in the track the
aarriaee had been dragged along.
Thomas Williams, the who was with the former
wass, spoke of Mr. Prm mg in the middle compartment
of the Dra&ord carriage. There was • passenger in the
moondidens compartment of the same carriage who went
ma to Loads.

Yr. Colahore, a contractor, said he was a passenger with a
pan In the trnhu sod mat, iu the fleet von. Just heynnel
the foot bridge at the station there was a .light oscillation,
and the witness confirmed what had been previously stated.
He found Mr. Pym lying on the left side, and having looked
at him for a few momenta, he said "Mr. Pym," who replied,
"Yee." There was a wound in his leg, which wail bleeding,
and he asked him if he had any limbs broke, and deceased
remarked, "Oh my back." He was conveyed to this hotel.
Mr. Thomas Williams, inspector of the line, said—l was
• in the third (Halifax) carriage from the engine.
I fragesonjtugs as if there was • carnage off behind me,
and the ballast began to fly up. I felt the train slackening
speed, and the moment the train stopped I saw the Brad-
ford carriage on in broadside in the six-foot way, and thirty-
five yank behind I saw the deceased is the rix.foot way,
and bad him removed to the house. I afterwards went to
the mooning at the foot bridge.
Ooroser—What did you see?
Witness—l saw a rail on the left or west side broken, and
some of the rails were displaced. Directed it not to be I
touched until Mr. Brydon, the engineer,came from London.
At the crossing the ballast had been taken away from the
top of the sleepers, but not below it. Did not see that any
of the sleepers had been removed. The tender break was
lying on its side in the six foot, and 10 yards from themes-I
ing. Immediately ahead was the Manchester first-clan,
on its wheels, on the up line. The Manchester second-
' class was on its right side in the en foot, and the Liverpool
and Huddersfield carriages were reining against the water
column. I went further down the line, 128 yards, where the
wheels of the Bradford carriage had separated, and the body
tensed over on the six.footway,'and had been dragged along
about 145 yards. I don't think Mr. Pym was killed in the
e
John Ward, foreman of the platelayers, said—l was at
work at the Hatfield station on Monday morning. I had
nine men under me. and we were at work up to when we
heard the whistle of the Maochesterexpeees, and we stepped
aside. We had been removing the t round about the
crewing.
Conran—ln what state was the crossing just before the
bola came op ?
Wilma--In exactly the lame state as when the nine
o'clock express and Midland express passed. We had not
toothed the rail nor the sleeper, only the ballast. We were
picking out the ballast between the sleepers when the
whistle sounded.

Corooer —Would that not have the effect of loosening
the rail ?

Witneee—lt never moved. It was as safe to go over it
before the ballast was moved. We hail picked out about
15 yard. ballast in length.
r—But would not that have the effect of loosening
the sleeper I
Witnese—Not if we don't go below it. We had not re-
moved a rail out of the main line, nor had touched them,
but I had displaced a rail on the through line, on the west
side, which joined the rail which broke, and had not been
'here was nothing wrong in the check rail
sratellile express went past. We had taken up the rail
because the point of the crossing had become worn. No
keys had been removed, and the choirs had not been
touched. If we had been doing anything to the main line
we should bare had a man out with a green Sag to give
warning to the express train. I war standing about a
ad • half from where the mil broke. I saw the rail
sad It was caused by the leading or dnving.ii heel of
the mese. I aim the ends of the rail work about. The
diseased Otago Venable* was one of my men. He was
throws into a ditch. I raw a piece of rail four feet long
lybir just about when I saw him last standing.
Oureeee—Did you examine the spot where the rail
broke ?

WiMans—l did. I found the check rail clean gone, and
the vie. nil torn out. The steepen were firm. ICo chain
were broken on the west side, but four out of eve were on
the met side. The tenails were sound. There had been no
subsidence in the soil. I did not see the sleepers stir.
Mr. Burke and Mr. Osbaldiston, surgeons, gave evidence
of the injuries which the deceased had sustained. In the
case of Mr. Pym, his back was most shockingly cut, and he
died about an hour after the accident. The right wrist of
' Venables wail fractured, and he received a severe blow on
the hip, but his death arose more from the shock to the
nervous system.
As there were other important witnesses to be examined,
the coroner suggested an adjournment in order that the
friends of the deceased and their representatives might have
an opportunity of cafaides Ske case and calling in other
testimony. The jury aoquessee4. end the inquiry at six
o'clock was adjourned for a week.

GMAT NOSTIZILI HOSPITAL,
Number of patients far the week ending April 21, 758 ; of
which 308 were pew cease.

Wv ertieemen to mt. ]-OLOPS or T AND
110il TUTN, and u now restored by the new patent system
el self-adhesion without spits" wires, or ligatures. and 010
without extrncting any teeth or roots, or any painful operation,
by means of a soft and flexible gun, thus ensuring the most per-
fect eeltadheelon, the result of 20 years practice by Thomas
Howard, dentist to his Grace the Archbishop of Ganger-
bury. The feelution is of Importance to many persona, and
those Interested in It should read this treatise. Jun published,
bp ninipkin and Marshall, the teeth edition, price ls.. and
booknallan. or sent poet tau Weir. Howard, 17, George-
alress, Maneweroquare. London "We think it would be an act
of Magog' he present this book So any triad who may twain
the ea et essi"—Cheilinhus Journal. "This need
treating we ten tist.NOMPINIMPIMI ; the remoter ow ortilldel
Mb lioselis.

THE FRAUD UPON THE4UNION BANN

The gigantic system of plunder to which the
Union Bank of Loudon have been subjected formed
almost tke sole topic of conversation to-day. An
immense sensation has naturally been produced by
the official revelation of the extent of the loss.
Severe strictures are passed upon the defective
system under which one officer of the bank has been
enabled to obtain uncontrolled command over their
entire balsam at the Bank of England, which has
occasionally amounted to upwards of a million.
Had there been any communication whatever be-
tween the directors of the Union Bank and the
Bank of England, the custodians of their
large balance, the career of the plunderer would
immediately have been arrested. This considera-
tion will, it is hoped, not escape the attention of
other bankers. A new and serious feature in the
' affair transpired, however, yesterday afternoon. The
popular suspicion that frauds of such magnitude
could not be persevered in for years without the
complicity of some other servant or servants of the
Union Bank appears to be correct. Another cashier,
named Edward Lyttleton, was yesterday given
into custody by, the directors, charged with being
a party to Pullinger's defalcations. This evidence
of the existence of a conspiracy is calcu-
lated still further to arouse the anxiety
both of the shareholders and the customers
of the bank. The apprehension is naturally
excited that additional disclosures are in store,
and that the ramifications of the plot may have
extended into other departments of the company's
affairs. In the interest alike of their shareholders,
customers, and officers, it is highly desirable that a
special general meeting should be summoned im-
mediately, and the result of a minute and search-
ing investigation into every branch of the bank's
business laid before it. The credit of a bank
depends solely upon confidence ; and in circum-
stances like the present confidence can only be
secured by the most complete publicity—by im-
pressing the public with an absolute conviction
that nothing remains behind.
The Committee of the Stock Exchange, justly
jealous of the honour of their body, have promptly
taken action in the matter, having met in special
session and addressed the following letter to the
directors of the Union Bank, who have pro-
mised an immediate answer. Much dissatisfaction
is expressed by the members at what they consider
the attempt of the directors of the Union Bank to
shift to the Stock Exchange a portion of the onus
which properly attaches to their own laxity of
system. Pending the investigation which is pro-
mised by the authorities of the Stock Exchange,
the public will probably withhold their judg-
ment upon this part of the affair. It is
undeniable that Pullinger had other coldly
tastes besides that for gambling in the Stock
Exchange. He likewise gambled on the turf,
and is reported to have had an interest
in certain racehorses. His taste in another direc-
tion, which does not tend to economy, even led
him on some ocesaiona, it is said, to appear pri-
vately on the boards of one of the minor theatres.
As these details of the man's life are dovetailed to-
gether, it becomes more and more difficult to under-
standhow he contrived to keep up a character so
different at the banking-house, for it is not far,
from Princes-street to Hervules-passage, where he
was a frequent loiterer.

Committee-room, fitorgclazige London, 4pril 25.
Gentlemea,—A report of the directsirs of the Union Bank
of London relative to the frauds of their chief cashier,
William George Pullinger, having appeared in the morning
papers of this day, wherein it te stated, that for a long
time he had been engaged in an extensive system of time
bargains on the Stock Exchange," the Committee for Ge-
neral Purposes request to be furnished with the particu-
lars on which the statement is founded, in order that an im-
mediate •inquiry may be instituted.-1 remain, gentlemen,
your most obedient humble servant,
Mows Loveurss, Secretary.
To the Directors of the Union Bank of London.

It is stated that Pullinger in some instances was
cunning enough to carry on his operations in the
Stock Exchange through the medium of third par-
ties. It devolves upon the committee to endea-
vour to trace the ramifications of these trans-
actions.

The directors of the London and WeskaLdester
Bank have recently called upon two of their clerks
to send in their resignation in consequence of
having discovered that two false entries were made
in the books in 1857. Although the loss involved
was only 405., the directors rightly held that the
fault could not be overlooked. This trifling cir-
cumstance has formed the occasion, in the present
excited state of the public mind, for a variety of
injurious but unfounded rumours.

!Lath Intdltgatm

COURT OF QUEEN'S BENCH.—Arm 25.
Minipill in Banco.—(Before the Lord Chid Justice, Mr.
Justice Crompton, Mr. Justice Hill, and Mr. Justice
Blackburn.)
The court was occupied with the crown paper.
0170201 POLLST, APPELLANT—MUSANNAII KOSTIOU,

This was a case dieted by Mr. Bingluun, the police Tungii-
trite, under the 20th and 21st of Vic., cap. 43, and was
partly heard last term.

It appeared that the respondent, Susannah Koetsou,
had made an application to lir. Bingham, under the 7th
and Bth of Vie., cap. 101 (the Bastardy Act), to compel the
appellant, George Follet, to maintain a bastard child of
which the applicant was delivered on the 24th of January,
1856, and of which Follet was alleged to be the father.
Upon the hearing of the summons, on the 28th of Nay,
1869, the plaintiff swore that the defendant was the father
of the child, and that he had made payment&
to her on account of it within twelve months
of its birth, whereupon the magistrate made
the usual order of 2.. lid. per week upon Follet.
Now, at the hearim, his attorney contended that the de.
fondant was not to maintain such bastard child, inas-
much as in the previous October the defendant contracted to
pay the plaintiff 51. • week for the support of the child,
which contract he had fulfilled by paying her in advance
for two years at that rate ; and, moreover, he had likewise
paid her a sum of 10/. beyond the previous payment, in con-
sideration of which the plaintiff agreed to release him from
all responsibility with respect to the maintenance of the
child. Although, therefore, the magistrate might consider
such a contract void, upon grounds of public policy, and
although such • contract might not be enforceable as
between the parties, yet the magistrate was bound to take
all the circumstances into consideration, when no doubt his
judgment would be influenced by the fact that the defend-
ant had paid over to the plaintiff more than double what
the law would have compelled him to do. The magistrate,
however, felt that any such contract was absolutely void
on the grounds of public policy, and, moreover, that he was
entirely without discretion 'as to whether or not he should
take into account the particular circumstances of the
case. And he felt strengthened by the consideration that
the clauses of the act which related to bastards had only one
object in view, namely, the maintenance of the child. It
might be that the mother would expend in a short time all
the money given to her, or it might be that she lost it, and
then what became of the child! The mother was only the
guardian of the child, and circumstances might occur that

would render the ►ppointment of another "guardian neces-
sary. Both the parish and the child were interested in such
=manta between the father and mother being dial-
From that decision the defendant appealed.

Mr. Coleridge appeared in support of the order, and ad-
mitted at once that if a discretion was vested in the magis-
trate to consider all the circumstances of the use, he
had but very alight arguments to offer in favour of the view
that the facts relied on by the appellant ought to be shut
out from the consideration of the magistrate. If, however,
the question was whether such an agreement was void on
the ground of its being opposed to public policy, he was
quite prepared with an abundance of authorities to show
that it was. His contention was that the mother WWI in-
capable of giving such a release to the father. The question
Really was, were the interests of the child to be considered
at all The 3rd, sth, and Bth sections of the act showed
clearly that it was the intention of the legislature that the
child was to be considered. _ .

The Lord Chief Justice—l think this is one of the cir-
cumstances which, according to the section of the act, the
magistrate may take into consideration. Two things might
happen—either the mother may have made a hard bargain
with the father, or she may have got pewee(' of a very
larp sum of money. It is really, therefore, a question
within the scope of the magistrate's discretion.
Mr. Coleridge was not prepared to my the magistrate had
not discretion in the matter.
The Lord Chief Justice—Undoubtedly this is very much
a question for him, as the mother might become lunatic.
Mr. serjesnt Parry, for the appellant, contended that the
mother was barred, by the release which she gave to the
putative father, from snaking the application. if this were
simply a civil contract, it was clear the mother had power
to deal with it as with any other contract under the common
law. The object of the legislature in passing the 4 and 5
Wsn. IV., cap. 76, was to throw the support of the child
entirely on the mother, and not to provide for its welfare.
Under the act it was the mother alone who could make
such a complaint, and the parish officers could not compel
her to make it. It was plain, therefore, that the defend-
ant'sples was a good one, and that the plaintiff had barred
her right to complain.
The Court held that under the Bastardy clauses reprd
was intended to be had not solely to the mother but like-
wise to the child ; and therefore that the respondent had no
power to give such a release as was contended for by the
appellant. On the other hand, the magistrate had a dis-
cretion in the matter, and he was bound, in forming his
judgment, to take into consideration such circumstances as
had been alleged on behalf of the defendant at the hearing
of the case.

The judgment therefore was partly for the appellant and
partly for the respondent.
THE QUEEN ON THE PHoNECUTION OF THE CHURCHW/RDENB

AND OVERMISEHB OP CLAPHAM, REMPONDI

CHDICH•

WARDENS AND OPERISCERS OP ST. PANCRAS, APPELLANTS.
This was a case stated by order of Mr. Justioe Crompton
under the 12th and 13th of Viet., cap. 45, for the decision of
theoourt, and the 9uestion to be determined was whether an
s apprentice was an apprentice within the meaning
ofattir L'd of William and Mary, which gave to all &ppm.
times a right of settlement in the parish in which they were
bound.

--Mr Knapp appeared for the appellants, and contended
that the articled clerk of an attorney, or, an he was some-
times called, an apprentice, was not an apprentice within
the meaning of the act. Referring back to the statute of the
sth of Elisabeth, it was plain that the persons referred to
as apprentices were those who were bound to some trade.
Neither in the familiar nor legal acceptation of the wool
could the title, apprentice, be applied to the articled clerk
el an attorney, so as to bring him within the act of William
and Mary.
Mr. Le Breton appeared on the other side.
The Court held that however congenial it might be to the
attorney profession that articled clerks should be otherwise
designated than as apprentices, yet there wasno doubt attor-
neys apprentices were apprentices equally with all others
within the legal acceptation of the term. They bound
themselves by indentures to serve their masters, and paid
a premium in ooneideration of being taught the trade of
attorney.