The Express.
London, England, 1866-05-09 00:00:00

COURT OF QUEEN'S BENCH.

After Term Nisi Prins Sittinp as Westmisstic—ost"
Mr. Justine Yellow and Common Juin.)
This was the first day of the after term obi pin 4.
tinge. The list contains the large number of lig mow
Of them 93 are remansta, the remsinln 93 ere em
mama. The usa)ority of the muses an mew f„ yaw
juries, but as the sittings only extend sow Am
cisys special Ones are not tairen+rcs they vi
have to go over to the sittings ate! • torm w_
are happy to learn that the Lord Chief Justice bail lii, far
recovered from his Dime attack of quinsy that onfidies
hopes are entertained that his lordship will be shie to mil
his seat in this court on the 22nd inst., the first day d
Trinity term.

MUTH O. If &RUN.
nil was an action on the warranthiachons.
fR
Mr. M. Chambers, Q. 0., and Mr. IPPNIgirl
the plaintiff. The defendant did not appear.
The plaintiff is a solicitor practising in Soothe**,
roe, abet residing at Caritedsry-villas, MaideAull, "sea
defendant resides at Beigad -hill, Enfield. The plc
being want of a brougham„horse wee aWasta
advertisement in the newspapers, and applied to the S.
fondant, He went to H. naiad, saw the hone sad likt
him, but not being a judge of horses he relied on the
resd,s'," nation as to soundness, sad ulnas*
paid him 1 for him. When he got the horse has
was found that he was lame and saris km
spa Plaintiff 1111144 to the defendant, but its isk
no notice of the letter. The plaintiff then sent the ken
Tattenall's and sold him, and the present set* *
brought to recover f9l. 19s. 6d., being the differs, h.
tween the 1001. paid for the horse and the expense ie.
marred, and the sum realised by the sale.
The jury returned a verdict for the plaintiff for th"
amount, and his lordship granted execution in four an

COURT OF COMMON PLEAS.
Sittings at Nid Prise in Iffidcßeenx.—(Before Mr. led"
Willie and a Special Jury.)
11:11911LET e. DILL.
This was an action to recover damages for false
wanment and libel, and the defendant pleaded not
by statute, and oleo a plea in justification that the
I%el was true.
Mr. Coleridge, Q.C., Mr. Hansen, Mr. Bell, sunk
Curran appeared for the plaintiff ; and Mr. Bovill, Q.O,
Mr. Forsyth., Q.C., and Mr. Garth for the defendant
Mr. Coleridge an opening the case, said that the pis".
tiff, Captain Keighlay, had been captain in the 49th Um
Native Infantry, and the defendant was M 14044411111
Bell, of the Indian army. At the time when the oath,
action arose, Major-General Bell was the cosussaisg
officer in Pegu, and the circumstances of the NO aye
these. In May, 1853, Captain Keighley was
officer of public works at Rangoon, and he
that position until he was removed on the sth Odle,
1857, by Colonel Conningham, under instructions frauds
Commissioner of the province. Captain KdOley )2a
to keep various accounts, and he was ordered to elm
these accounts in by the Ist October. He had
patent fire proof safe in which to Titb,
government papers, and this safe was wi ka
in his brother's house at Rangoon when a firs kin
out there on the 30th of September. He with pet di
culty saved some of his papers that were loose, bat the
iron safe remained in the fire, and when it was reciened
after the fire, the papers which were in it were faladisk
reduced to ashes. The learned counsel said that no is*
the feet of Captain Keighley 's accounts being in urea,
and the fire occurring the day before the delinry
the accounts was ordered, might possibly nib
suspicion and cause inquiry • send a Win of
inquiry was constituted composed of Colonel WOoes
and two captains named Scott. They examined be fti
circumstances of the fire and reported. Capt. K.4ike
did not receive the last of his overseer's accounts 31C lie
7th October, and on that same day he received skis
from Colonel Conningham, the chief engineer of PIA 41.
siring him to hand over his accounts to two gentian
who would take them from him—Lieuts. Newmanit
Trevor. He delivered them up,snd afterwards &dad Is
have anything more to do with the woman Es
was ordered to attend a committee of inquiry; bat be
declined to do so, though he said that he was milk to
meet any specific charge that could be preferred. 5s
consequence was that on the 22nd January, 1856, be cos
placed under close arrest, there being at first a ingust's
guard and afterwards a corporal's guard over II
was a rule of the service that an officer pied
under arrest should be furnished witk tie
charge against him, and that he should be brae*
to trial with all despatch ; but Captain Keighley was lied
in confinement for nine months without any charge less
brought against him. On the 22nd Oct., 185 d, awl
martial sat, and he was charged before it with a fro&
lent misappropriation of 47,834 rupees between the 3111
January, 1854, and the 30th Sept., 1859, with a wilfalie
atruction of the cash accounts and vouchers, in marls '
conceal the state of his accounts, and lastly with faladad
The trial continued for three months, and the finding instill
the plaintiff was guilty of the first charge to the extent l•
simple deficiency in the accounts to the extent of 11,1'
rupees, which amount the court considered that tho
soner should make good ; but the court acquitted dad
the remainder of the charges. For some reason se coke
Sir Patrick Grant disapproved of the finding, and arched
that Captain Keighley should return to his thq.
lii
This order was received on the 19th of Arl.
Under these circumstances, Captain Kei-hky's
was to return to his regiment. In that rand st
April, however, a fresh charge was brought spied lie
in reference to some Pegu prise ;money. After the inns*
tion had gone on for some considerable time he told las
president of the court appointed to investigate the wag
that he could give no further information, and that be
should go to Calcutta he heard from the rant
that he was required unlesssty. He named the day dist
he should leave, but in fact he waited for a day a two
beyond that time, and, hearing nothing, he on the 461*
started for Calcutta. Upon this Major-General Bell vistele
Calcutta that the plaintiff had left Rangoon strait
permission, and that in fact he had deserted, and ibis
se
the libel complained of. On the 30th July, wits*
plaintiff was ill, having to walk on crutches, he ass plissi
under arrest, and was confined for twenty-four boos •I
withoutroomtough without
utensilue
monsoono af
sent to Rangoon to be tried for deaertiok
na
ny
yw
isf unriowitZti:o.ntewixAcentite:ltorwrinia.nuornisketsribtivehe
vs:
si
whilst he was under arrest on the 25th of weber, 1*
a civil suit was commenced against him be the row
met for 102,800 rupees, and his counsel, gr. OA
who was perfectly well acquainted with all CIO!
Reighley's affairs, was engaged for the goverwnest
the verdict was against Captain Keighley. Upon til!
I was released from arrest, his sword was retftraimil
him, and at the same moment he wase
anis
upon civil process. It ap frowi tie,
tion of Major-General Belrerliimaelf that this Far
from military arrest had been ordered by his I!r_
the very purpose of allowing the civil law to, ON
put in force against him. The learned counsel,in
to these main facts, also detailed a variety of dry;
stances which he contended showed that Major-Cat
a, Captain Keighley. He added that the plain .
t„, Bell hail acted with unfairness and with ildfeelintigto;
being in prison for eight months on the civil promos,'"
1 released, but an order was published dismissing his% fie!
2 the service. Captain Keighley had in main tried toll!
from the authorities in India, and from Sir Charles 2.04
hle.reasot
resonurceof his
he
appealeddismiss to or
aaniureryd"restsh,
eauond ithyserefau4
4 from which he had a chance of obtaining junco form
S misery and ruin which bad been inflicted on him; n
3 (The case was proceeding when our report

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(Before Mr. Baron Channel.)
TUC CASK OF INFANTICIDE.
Emma 511,147X11t, aged 17, and described in the ealevAr
sit
as being a spinster, and who had been remanded fro
last session on an indictment charging her with tbe In
minter of William Shadholt, her infant child, was law
at the bar to take her trial.
Mr. Collins appeared on the part of the prosece
utiro!,ol_.
it will be remembered thi the se against th prwr,
WAS that she bad thrownt the decaecised infant into
can.d, and the body was subsequently discovered Anil
in the stream by a police constable.
Mr. Ribton said that be had just been instructed )11_111
sheriffs to defend the prisoner...d his instructions!,
only so recentlyoome to him han that he was not pee?r,
to undertake the defence. His application to the es!!
therefore, was that the trial should he postponed war.
next sessions of the court. He did not believe that go'
application would be opposed by his learned friend who ft'
peered on the other side.
Mr. Collins observed that under the circuistancesslani.
be should not attempt to resist the application for Pj•
ponement.
Mr. Enron Channell said that he should be the lal!,111.
to force on a ease of this description, mid, coneequeoqr,
should grant the application, and adjourn the trial 01."
prisoner until session of te court.
The prisoner,t hewho seemed in ah weakly state, wo tbill
removed from the bar.
(Before Mr. Justice Montagu Smith.)
The grand
,jury having returned a true bill for tbolir...;
demeanour of the taking away one Eliz.ibeth Toll/ Fr
her parents and gnsrdians anst eltristiax 0101,4,.,"
described as a merchant, and Elk" liouglaoo, • •Pii.m.
the
Sleigh,-"-ilwittiwonhofinor wash Mr. Healey, stated. fist l!
learned friend Mr. Serjeant Ballantine hail been indrogge
Ito defend Oliftus, but the learned sergeant was so
in the election committees of the House of Co
Iremotal, k,
' I he could not possibly attend this court t 0411.0
(Mr. Sleigh) had oft
_received the brief at so late Y
last night that he had had really no time to 1_...71,
himself for the defence. Under the•ie TITO,
pIWV
had to apply that the trial of the case should be
i luntil to-morrow in ' •
Mr. Justioe Montagu ith observed that
be WI.

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