The Express.
London, England, 1866-04-21 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before the Lord Chancellor and tke Lards Justices.)
nix= v. STARILEB.—JUDGMENT.
This was an appeal from a decree of Vice-Chancellor
gird erefey and was argued in December last. The ques-
tion isvl4rod was whether the plaintiffs, the owners of
ortiat WWI at St. Austell, in Cornwall, were entitled to
the tees d a stream of water in the parishes of St. Roche
end St. Austell. The plaintiffs claimed to be tenants in
common in fee of certain ancient tin mines called
p,ea, gine, Little Goodluck Tinwork, and Pitman Tin-
work, is the pariah, of St. Austell, and they alleged by
their bill that the tinworks were supplied with half the
water accessary for the works by an ancient stream in the
th of St. Roche, on a higher level called the String
illey Old stream, which, after passing through Andrew's
pool, reached the mines, which belonged to Pas-
coe, one of the defendants, and that it had
hem ecostruoted for these purposes 60 years
that they bad kept the water-pools in repair, having
licenses to go on Pascoe's land to do so. They, therefore,
claimed te were certain med the undisturbedo use aonfdliencejnoym:ifito of the str:tini.,
hina
ofey works ; and they diverted it from it itsurse so
that the plaintiffs were deprived of enjoy-
ment sad use. They, therefore, asked for an injunction
to restrain the defendants from so directing the
susses, and claimed damages for the loss they had
sertained thereby. The defendants alleged that the
ware was not a natural but an artificial one, and that
the mines had been worked under a custom in Cornwall,
oiled " tin-bounding," by which any person might work
mines on waste lands, and if they were not interfered with
by the owners for a year and a day they retained
dri right to work them ; that up to 1856 the mines were
worked by the " bounders," and the stream used by them
under permission so long as they had personal interests.
The question,. thereon, was one of title, and whether the
plaintiffs had a right to claim through the " bounders."
The Vice-Chancellor held that the " bounders " had a
„eminent title, and after they ceased to work the mines
litr,rt did not revert to the owner of the soil, refused
the Wu-00n, and dismissed the bill.
Be, Billy and Mr. Phear were for the plaintiffs ; Mr.
miseeend Mr. R. Charles for the defendants.
The Lord Chancellor now gave judgment, and said that
in the evidence it was clear that the stream was an ancient
one, and had been used for the working of the mine. be-
yOnd hying memory ; and the question being what pre-
mien
sum there was for the easement that was enjoyed,
the I/leo-Chancellor was of opinion that the easement be-
longed to the " bounders," but he (the Lord Chan-
cellor) did not concur in that view, but wasof
ommon that the presumption was in favour of
the ones wider whom the plaintiffs worked as licensees,
and, therefore, they were entitled to the flow of water.
An in* ..4on would therefore be granted to restrain the
defm from diverting the stream, and an inquiry di-
rected es to the (petition of damages, the defendants to
lay the costs of the snit below, but there could be no costs
of the *lces'.
The Lords Justices concurred.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
LANGSTON V. NOORI AND OTHIS.S.
This aiming the further hearing of this part heard case
was resumed, and had not concluded when we went to
mem

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
IN Rs CHARLES SHAW.
The bankrupt, who was a size-manufacturer, of King-
street, Bermondsey, applied to peas his examination, and
for an order of discharge. The debts were 512/. ; assets of
trifting amount.
Mr. E. A. Marsden, for the assignees, did not oppose,
but he called the attention of the court to the fact that
the tenkrupt bad collected some debts due to his estate
since the date of the bankruptcy.
The bankrupt, who was evidently very ill, said that his
health had been bad, and he collected a few trifling debts
to keep him from starving.
His Honour said that, under the circumstances, and as
no creditor attended to oppose, the order of discharge
would be granted.

THE POLICE COURTS.
(THIS DAY.)

CLERKENWELL.
ROBBERY PROW A VAN.

John Cox and janw:Vil lerTZwO well-known and des-
perate thieves, were charged with steeling a basket of linen
from a van in St. John-street, Clerkenwell.

Mr. Ricketts, solicitor, defended.
It appeared from the evidence of Josiah Thorogood and
Thomas Davis, detective officer% in the employ of the
Great Northern and Midland Railway Companies, that
they had for some time past suspected the pri-
einem of forming a portion of a gang that plunder
railway and other vans. On the evening of
the tlth of this month the prisoners were seen
to leave their houses in the neighbourhood of Cow-cross,
and were followed by the officers. The prisoners had not
been in the street more than ten minutes before thew com-
menced operations by endeavouring to steal a truss of
gocils from the back of one of the Great Northern vans,
but being frustrated in that they proceeded along the back
streets in Clerkenwell, and again attempted to steal from a
van that was standing in front of a public-house.
Not succeeding there, the prisoners went into
SL John-street, and then went after a van which
was full of dirty linen. There they managed
to get possession of a bundle of linen, and going up one of
the bye streets, wrapped the contents of the bundle
around their bodies. When they got to the corner of
Seckfordstreet they were stopped by the two officers, and
asked what they had got about them. They replied,
" Nothing," and when told the nature of the charge, they
said, with an oath, "You have got us wrong this time,
and then commenced a most desperate assault on the
offiems. With the assistance of other officers, the pri-
soners were overpowered and with great difficulty
could he got to the police station, where the whole of the
stolen linen was found in their possession. Both pri-
soners, it was stated, have been previously convicted of
felony, and are known to the police as daring desperate
thieves, _ _

The prisoners said they would plead guilty rather than
go to the slaughter-house (the Middlesex Sessions) to be
mewed about.

The Magistrate committed both prisoners to the ?did-
dieser Sessions for trial, and directed that certified copies
of the former convictions of the prisoner should be pro-
duced at the court.

MARLBOROUGH-STREET.
OMNIBUS THIEVES.

Two well.dressed women, named J ary Jones and Elizabeth
WJerw, both stated to reside at the east end of the town,
sad to be known to the police as omnibus thieves, were
dinged before Mr. Knox as suspected persons loitering in
Oxford-street for the purpose of committing a felony.
Sergeant Charles Cole, of the C division, said that on
the previous afternoon he saw the prisoners and another
woman not in custody in Oxford-street, and knowing the
r!non ers as thieves he followed and watched, and he saw
Wilson with her left-hand glove off, trying a lady's pocket.
The prisoners and the other woman observing him, got into
'Citizen omnibus, at different places in Oxford-street.
Re spoke to the conductor, telling him what sort of per-
sons he had inside. About an hour afterwards he saw the
Prisoners and the other woman again in Oxford-street, and
Watched them, and saw Wilson put her hand into
the locket hole of a lady's dress. The prisoners and
her companion again observing him walked a little way,
sod they all stood together for a short time and then
hailed an omnibus going towards the City. He followed
the omnibus till it got to the corner of the Tottenham-
court-road. and having got the assistance of the constable,
took the prisoners into custody.
.Mr. Knox asked the sergeant what he knew of the pri-
soners and the other woman.

Sergeant ('ole said that Jones had been in custody at
that court and the Mansion-house, and he believed had
also been at Clerkenwell ; and Wilson had been sentenced
to three months' imprisonment at that court. He knew
the prisoners also to be regular omnibus thieves, and upon
each of them he found a sharp-pointed knife used by om-
nibus thieves. The other woman he did not know.

The prisoners made no defence.
Mr. Knox committed them for three months' hard la-
hoer each.

MR. FITZWILLIAM, M. P., AND HIS CONSTI-
Mtn:J.—The announcement that Mr. Fitzwilliam would
vote against the bill caused much dissatisfaction in Mal-
ton, particularly among the gentlemen who were of
the committee. A protest was at one time con-
templated, but eventually it was decided that some of the
gentlemen who were on Mr. Fitzwilliam's committee
should individually write to the hon. gentleman ex-
Pressing their surprise. Yesterday, replies were received
to Mahon by certain members of Mr. Fitswilliam's com-
mittee, in reference to the protest against the hon. gentle-
man's voting for Lord Grosvenor amendment. Mr.
Ftzwilliam declares himself a supporter of a " compre-
hensive measure of reform," but regards the present
instalment as objectionable. He desires a settlement of
the whole question, and, as it is quite impossible any such
settlement can take place this year, he will oppose the
government bill, but would support a completelteform
Bill if introduced early next session. The hon. ;wide-
man's explanation has not satisfied his Melton committee.
MR.YIn, 11. P.—The hon. member writing to
one of many of his protesting constituents gives his support
to Lord Grosvenor, although at the same time be desires
that the government may have such a ma] ority in the divi-
sion " aa to save their credit, but too small to enable them
to 4rrY the bill through the house." In that case he ex-
peen t 47 will next year bring in a bill for Scotland and
"eland, as well as Ragland, and he believes that " this
oath measure will lbe carried." He addsvery
many ers on the liberal side of the house agree with the
&wench:sent, though they will support the ministry."

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ELECTION COMMITTEES.-(THIS DAY.)

LANCASTER.
The committee appointed to try the petition
spinet mama. E. M. Fenwick and H. W. Schneider re-
assembled this morning; Mr. K. Howes in the
chair. The counsel for the petitioner were Mr. Kerslake,
Q.C., Mr. Cooke, Q.C., end Mr. O'Hara. For the sitting
memhtea, Mr. Serjeant Salentine, Mr. Gifferd, Q.C., and

Mr. He James. s Arms, at
Joseph Sly, eon of the landlord of the King'
Lancaster, said that on the night before the election he
maw Dr. Carruthers, who asked him where Mr. Schneider
was. Witness did not know, but said that he might
probabbe at his father-in-law's, at the vicarage.
Dr. Curruthers said he was living at Morecambe at the
time of the last election, and interested himself slightly on
behalf of the sitting members. On the day before the
election he was at the Joiners' Arms between 5 and 6 in
the afternoon. He might have remained there about half
an hour, and about three hours afterwards he went back,
remaining about a quarter of an hour or 20 minutes. He
went them again about 11, and then in about an hour he
went to Lancaster along the railway line with John
Edmondson and Peter Moore. Several messengers wanted
to be paid, and they were to be paid on the night before
the election. That was his reason for going to Imncaster.
He did not know who had made the arrangement, but he
knew that if the men were not paid it would make parties
dissatisfied with the candidates who were putting up.
Mr. Serjeant Ballantine objected to the course pursued
in this examination. The name of this witness was not
contained in the list of bribers or in the list of bribed, and k
they had no right to go into general matters of this kind,
It
which were not connected with any particular case.
Mr. Kandake contended that this evidence was admire- 848'
sable as a link in the chain which would ultimately prove 84
specific cases of bribery. It would be shown that the Si
witness acted as intermediary in supplying money for the 81
PurArof bribery.
oommittee decided that such evidence was admis- 84
84
able. St
I Examination resumed—When witness got to Lancaster st
with Edmondson and Moore they separated at the end of as
the Lancaster-road. He was to meet Edmondson in St
Market-street afterwards. Went to the King's Arms to 88
see if that was not Messrs. Schneider and Fen-
wick's committee-room. Saw young Mr. Sly, and st
believed he asked him where the committee-room St
was. Did not think that his question was, St
" Where can I find Mr. Schneider?' Did not know whe- 84
ther Mr. Sly replied, "At the vicarage." Did not go to 8t
the vicarage. Went to the Queen's Arms and saw tit
Henry Welch and Charles Blades. Did not see st
Mr. Schneider or Mr. Fenwick that night. Made et
• communication to Welch and Blades that the St
men wanted their money. Afterwards went to Peter 1€
Moore's, the White Lion, where he asked for the money 11
for the men. Either Blade or Welch said that if the IC,
men wanted the money they should have it. Did not re- u
member whether they said they would send a man with it. g
Returned to Morecambe in • fly, with Edmondson.
Did not think Hartley went in the fly with N
them. Was mire there was not a fourth man in the fly.
Had seen " the stranger "at the Joiners' Arms. Saw him
on the morning of the election between 8 and
9. He was in the room upstairs with Daniel Ed-
mondson, the landlord. Saw the stranger pay money to
Edmondson. It might be 51., 6/. Si., or 101.
The place was not full of Morecambe 'freemen. Many
voters were collected together in the club-room. Came to
the conclusion that the stranger had come from Blades
and Welch with the money. Took it for granted that he
had brought the money to pay the discontented voters.
Was Hadfield the man—"the stranger"—you saw in the
room I—l don't know Hadfield.
Well,look at him (pointing him out to witness)—lf that's
him his whiskers have grown a little longer. (Laughter.)
Do you believe him to be the man I—Well, I do
believe it.
Mr. Cooke—And so do a great many more. (Laughter.)
Examination continued—Did not tell Mrs. Williams that
he went to the vicarage to see Mr. Schneider and asked him
for money to pay the voters. Never said so to anyone.
Thomssßeruuson (an elector of Bolton-le-Sands) promised
to vote for Mr. Lawrence, the conservative candidate.
[Left sitting.]

100
100
100
100
100
100

St. 100
St. 100
St. 100
to 14
St. .100
at. 100
St. .100

BRIDGWATER.
The committee appointed to inquire into the validity of
the late Bridgwater election met again this morning ; Mr.
W. E. Raster in the chair, when the petition against Mr.
Kinglake was proceeded with, Mr. Westropp having been
unseated on Friday.
Mr. Longfield, Mr. Cooke, and Mr. Campbell Sleigh
appeared for the petitioners ; and Mr. Towel', Mr. Ban-
ners, and Mr. Bristowe, for the sitting member.
Mr. Longfield, in opening the case, stated that this was
a distinct petition, and they had fallen into the mistake of
not complying with the 11th and 12th Victoria, cap. 98,
which provided that when there were two or more peti-
tions they must be taken together, and he
must, therefore, open the case as against Mr. Kinglake
and Sir John Shelley, unconnected with Mr. Westropp's
case, and he should silow that it was impossible to allow
Mr. Kinglake to retain his seat, and that Sir J. Shelley
could not be allowed to go into the scrutiny. He did not
charge either the hon. member or the hon. baronet with
personal participation in the acts of their agents, but he
should show that they were mixed up together in their can-
vass, and that the acts proved against one would equally affect
the other. Mr. Kinglake hail represented the borough
two years before, but Sir J. Shelley was unknown to rt.
The first thing he did was to put himself into the hands of
Mr. Benjamin Lovibond, the liberal agent, who also con-
ducted the election for Mr. Kinglake, but while
the same agents acted for them both they
divided their forces, and while Mr. Kinglake
stopped at Mr. Allen's, Sir John Shelley stopped at the
Globe, and his valet stopped at Bath-bridge Hotel. The
committee would find that important. The learned coun-
sel then stated the committee-rooms were one at Mr. Man-
ship's and another at Fore-street, orCorn-hill, and he put
in the election bill to show that they were joint committee-
roornsof Mr. Kinglake and Sir J. Shelley, lei. being paid for
one, and 121. for the other, the difference being accounted
for by the fact that Mr. Manehip was a voter, and Mr.
Cooke, the proprietor of the other, was not. There
was a third room at the Commercial Hotel, kept by Mr.
Phelp, the use of which was also charged to Mr.
Kinglalce and Sir J. Shelley, and he should prove that Mr.
Phelp was engaged in systematic treating on behalf of
those gentlemen, and that under the colour of charging for
the hire of post-horses he had charged them 55/. for that
purpose, and it would be provedthat 15/. wouldamply cover
those expenses. Those were the acknowledged conunittee-
rooms and those rooms were paid for, but there were others
which were paid forbut not acknowledged. Respecting several
of the public-houses of the town some curious dis-
closures would be made, and it would be proved that
several solicitors in the town had received large sums
for services—for instance Mr. Paul Reed received 25
guineas from each of the liberal candidates, and Mr. J.
Cook, jun., a similar amount.
[Left speaking.]

MR. DOULTON AND HIS CONSTITIr ENTS. —The
liberal daily journals have received a number of letters
from electors of Lambeth, declaring that they gave their
votes for Mr. Doulton on the faith of his being an
earnest liberal and that his conduct in the debate on the
Suffrage Bill shows them to have been deceived. They
consequently call for the resignation of a member who so
totally misrepresents them. The leaders of the liberal
party in several districts of the borough, have, it seems,
already taken steps for the purpose of preparing a requisi-
tion to Mr. Doulton, calling upon him to resign.
_ _ _

---•— ------, .
The members of the Wakefield, Huddersfield,
Northallerton, and King's County election committees will
be sworn on Monday next. Committees will be chosen in
the following week to try the Cheltenham, Lichfield, Ban-
bury, Barnstaple, and Harwich election petitions
News of the decision of the committee unseating
Sir R. Clifton and Mr. S. Morley, arrived in Nottingham
about 4 o'clock yesterday afternoon. There was a good
deal of excitement in the town. Amongst the names of
gentlemen mentioned as likely to come forward to offer
themselvs to the electors are Mr. John Walter and Mr.
Marten, the defeated conservative candidate at the last
election.

---- ---
This morning was issued from the parliamentary
printing office a return of the number of persons of each sex
admitted to the cisnal wards of metropolitan workhouses
during each night in the months of January, 1864 and
1866 ; also, a return of the number of houseless poor
persons of each sex in the metropolis who were accommo-
dated at the cost of the poor rates out of the metropolitan
workhouses during each night in the months of January,
1864 and 1866.

The " camels" were removed from the North-
umberland on Thursday, and yesterday afternoon she was
safely taken to the Victoria Docks.
We (Army and Nary Gazette) understand that
Rear-Admiral the Hon. George Fowler Hastings, C. 8., is
likely to succeed Vice-Admiral the Hon. Charles J. B.
Elliot, C. 8., as commander-in-chief of her Majesty's naval
forces on the south-east coast of America.
_ _ _

The Athencrum states that Mr. Norman Lockyer,
one of the youngest and moat promising of our scientific
men, has been placed by Lord Hartington at the head of a
new department in the War-office. This branch of the
great establishment is for the codification of warrants and
regulations ; and the gentleman placed at the head of it is
in every way qualified for his work.
FOREIGN-OPTICS, APRIL 14. The Earl of
Clarendon has received a despatch from Lord Augustus
Loftus, her Majesty's Ambassador Extraordinary and
Plenipotentiary at the Court of Prussia, dated the
12th instant, announcingEttilt her Royal Highness the
Crown Princess, Princess of the United Kingdom of
Great Britain and Irebui , was safely delivered of a
princess at the New Palace of Potsdam at 6 o'clock on that
morning.—Gazette.