The Express.
London, England, 1859-05-12 00:00:00

THE EXPRESS, THURSDAY EVENING, MAY 12, 1859.

NAVAL AND NILIZABY.

tab) Inttlligence.
---
EQUITY COUR I'S.—MAT 11.
(Won Vice •Chancollor Wood.)
OTI V. 01AZIANI ♦ND /NMI.

ADNINALIT. MAT 11.—APPOINTHINTIL—Caate
carder T. H. Loma (1449), to commend the Penadeble,
M, at Ca mmemar Wilsea appealed to Ihe
Athol', 4, ship it Greenock.
Krim H. N. (11139), to he salaamed maw to
the Moped, 42, at Woolwich.
Sergeoe A. W. W. Waage= (1641), le the Cadmus, 21,
area steam corvat.•, at Chatham.
Paymaster T. T. eleanap (1864), to the Calesua
Aseetant Paymaster J. Moore (1363) to the Cadens.
Aetna Aseintaalargeoin S. Gras, to the Ceases.
WOOLWICH, MAY 11.
ROYAL tRINCS.—The most active mamma Ms
now in pierces for the augroateti An of tau cage, is is
cordAsce with tte recent order is council. Toe sight MA-
n .1 competees will be smacked a spiel proportiens at
Woolwich, Chatham, Portmeouth sad Plymouth. A Ism
Ember of young sea have joined the corps daring the pea

The stomata Is !Me we were resumed.
The Vice-Cluacallor said be woo of opioion that
Mr. Gye ens entitled to as lojcutelioa, he undertskisg,
la ore the court should be of optima at the tear.
lug shot the defraud was en bled to faint upon
as .diticAks el tbe °correct la clauses 4 sad 11, to commit
to such inschftestics. The onus our no doubt thtoen s
. .

;re' at enlist —upon latitdeintidiTsti; show a eanes— which
would jenny theca, on the feet of the contemn with Oye, in
emetic' open • new and inconsistent cantrect—a entente
plainly and avowedly contemplating legal proceedings, as
WAS shown by the indemnity given to Onaleat Any pa flOO
signing moth a contract without fairly acquainting the
person with whom he bed previously treated of it could only
expect that his conduct would be scrutinised with the utmost
rigour. Such • ferson)could not wept.= if be wee subjected
t comiderseb inc tevenience, nor could he make so much of
the plea of delay so one who had scud more fairly. Before
the first contract could be got over he had • full expectation
that it would bars to be brought before • court of justice.
With regard to the objection of delay, which was the first
point urged amidst the plaintiff, Lis Honour tendered thet
until the 10th of March no ground existed for filing • bill,
end the bill wee in point of feet filed on the 18th of April.
The engagement, so far ea that court could enforce it, was of
a **satire character only, *ad It formed, therefore, no part
'of Mr. Oyes duty to fib his bill epee the first rumour
of the detente= Wag shoot to break it. Until the 10tb of
March there bad teen so distiact Winans by Orasisni that
be was about to keen his **easement Oa that dry a letter
from Ports war =sorted in the Morning Post, and the
plait tiff then raw fee the first time a distinct statement that
the cleftsadant wee 00.11114 at Drury lam. Oa the 21st of
Meech, Mr. Oye wrote to Mr. Smith making • very fide sad
reasonable proposal, as, to submit their claims to arbitra-
lion. Oa the delay between the 22ed of Match and the 18th
of April, some comment might arise, but looking at the
difikelty in such a cam of getting evidence at rads an
elsewhere, sad bearing in mind the conduct of M. Oneida
himself, his Honour could not say that the &ley ought net
to prejudice the plaitt ff. With regard to the mer.ta of the
ems it wet quite c'ear that Mr. tip was entitled to eons.
relief upon the contract. If the meter turned only upon
thars being • stipulation that the 1601. should be paid before
the end of September, all maenad Ly Omani, the
balance of testimony would be is his favour. It
was to le observed that the creditor was bke'y
to have the better memory open the plant.
The hens written in September allowed rest amiisty on
the part d the Mended as to his re-engagement, but they
mode no notion of the 1601. No doubt it might be said
that the time for pentad not having then expired. Ornate
woad be unwilling at such • moment to dun Mr. Op The
egreeseent for 11169 was drawn up in consequence of Germane,
repeated requests so to his engagement. These engegements
were usually settled early in the damn, and by formal in-
animate. His Honour onsiderel that there waa no fraud
whatever in Harris propane_ ing the agreement in the form
be did to the defendant. It was clear that Gun di looked
at the written terms contained In the contract, for he men-
tioned his objections to some of the clauses. Heads wrote to
the plaintiff on these [ejections, end received kis extractions
as to the renewal. There were two ar three later. I
views before the agreement was signed ; and when
it no signed, it seemed that nothing woe said
about the 1601. The evidence even of Broad I
went to show that awing like a condition precedent that the
1601. wee pad was made a stipulation on the signing of the
agreement. la "Lumley e. Wagner" such • condition
was actually inserted in the contract, and payment stipulated
for by way of tartest. But the 1601. was an old debt,
arising out of a former contract, upon which Orman might
have sued the {andel at any moment. It truth, this making
of the 1601. • stipulation by way of condition precedent was
entirely an afterthought. In the letter of the 3 d December
sot • word was did by °mama as to the promise by Harris
to pay the lea Aa again, when the defendant Greaten
awn! Harris In Paris as to the manner in whtch he had
been lead to sign the agreement, be never said • word about
the non-payment of the 1601. lila comploiote ware upon a
wholly different greeted. It might be as Bruaci /ail, that at
one of the intarviews in reference to the c retract Oraziani
=tenoned Ids debt, and very likely Hanle said it
should be Net him; but Han= was not the
mosey most of Oya, and even if be were, the
donnas of that mart would net allow a con-
tract to be set midi upon the failure of a money coati-
derttion. It w le be regtetel diet the plaintiff bad not
paid more attendee to the pressing Miters which M. Ora-
mei wrote for payment of the 1601. There might hay.
been restos' for this, but whatever:thees were Mr. Oyd•
conduct was not justifiable on that account. As early as
October, 1868, there had been negotiations as to the en-
gagement of Oresiani by Smith between the agents on either
side. Smith's affidavit at sled that it was proposed to him in
December that he should engage Gessiaat Au additional
801. • mouth wee offered by Smith, sad on the 4th January
the engagement was dosed. Then it was that °mina Met
contemplated availing himself of this paltry excuse as to the
160/. ia order to aocept the titre salary. It did not oppose
from Smith's @Wan when Iselin' heard of the engagement
with Op. He mast, honed, lane been aware of some
supgensent, Orsiin revived en indemoity. The in-
demnity was sent on the Bth Joinery. Ho must say that he
meld not give Kr. Smith meat for condone towards Mr. Oyr.
whom Winn be was endeavouring to damage by with-
holding • minpel perform., when altar doiog all this he
informed the plaintiff's manager of what was done. The
manner in which that indemnity had been witbledd from the
knowledge of Mr. Op, on the ground that it wee • privileged
comsetimt, was epee to much comment. Looking at the
reliance nactessordy awed on the teeth of a delendant at to
what were privileged °oatmeal:adorns, tent protntion ought
never to be claimed anal them who claimed it lead &Mend
themaelves of the judos of the claim. Hla Honour imputed
nothing in this metier to M. Gratin, who, as a foreign
gentletusa, most necessarily be In the heads of hi. adders'
on each • matter. It was true it nes • letter from °nines
police= to him, bat then it enthused the Indemnity, and was
such a document as could not be pretend. Thom who
attempted to errs= such • document by the oath of the de-
fendast rendered themselves open to strong observations.
With relhentes to the plaintiff tendering the nosey to
Omani le Pan much comment had been rased. Bat the
men taken enamored to his Honour • nameless.- It would
be serene laden If • man threatened with litigation might
not sae as &evertor, with • view to tarring th litigation.
The conduct of Herne, too, appe•ted perfectly netts ; sod
that, war nothleg is the cam to throw any direredit apse
lies. With =meet to theinterview in Paris, if Graeuei
had gene in the high thee of indignation which had been sug-
gested, would he not have mealy stowed his agree with
Smith; but os W own 6111ADdioil this was not the course
be took. Honked of a treaty after the eagegeneent bad
been actoally Bisset Looting, therefore, to the whole of
the matter, his Hen -Alf Pale to the conclusion that he ought
not to refuse to interfere in this care. The ceder, thereon
would be to restrain the defendant (Gratin) tram singing at
any opera or coned in London other than at the Itoyel
Italian Opera, Covent-garden (except private and gran*
concerts), without the written permission of the plaintiff, and
particularly from singing at the Theatre Royal, Drury-lane,
and restrain the defected Smith front permitting German,
to sing at Drury-lane Theatre or elsewhere In Loudon.

Th; Bloolhounti ea Prometheus, steam yawls, ars
opitred ter to got may ter oommieskit with all &spew',

CHATHAM, MAT 11.
DIPARTVILT Or ROTAL EnOINZII3 FOE THE
11/IDITMLIINI•X.—The authorities at the Hone Guards
decided on stadia, out a Moe of 600 additional rens
ell the yet Engineers to the British possessions in the
Moditheransur, foe the prow* of thoroughly repairing the
istilesticsa sad being employed in sipping aid Main
ma, theist potties of that number left head .quarter.,
trammels, at aa early hour this morning. The
y eelsored for IlOstastka ion ma lb. 2Sh, Captaia E.
L. tho ala-comiaissioned (Ames and men of which
saamehled oa desk pm& ground at six o'clock this gowning
la heavy enschtag ceder. The company ham been made up
to above 100 nes sten ranks ; aad,ou the names being called
over, sot a saa was absent. It I. also woriby of mnark
that although the meg hod home persisted to
me the r (math before embarking, not a mat was obeerved
to be the worm ter Ism r—a fact which spathe mach for
the tasellest behaviour of ibis wellomudocted . After
the cempesy bed been in•pected by Colonel H. haue,
dievetter of the Royal Emboss esabliminent. sad the Mims
ed the sea it head-quartere, they marched to the !knot
Jmualcas, ed by it. baud of the Royal B. sod
by railway to Pertamouth, where they emglaimm,
bark ea
the Canard mew roaster Meta, Comsaadar Hookley,
M Malta. The following odious kft bed-querters, to a-
but with the 28th Company, vie. • Captain E' dosed Lobo
Bleed, Lieutenant Henry Y. C. Lewin, sad Li atimaat Yes.
taw Lambert. A detachment of Royal Engiseers, consist-
log of 31 nun and 3 buglers. roe-ceded to Portsmouth with
the 2i thCoinpaoy to till op vacknoes is the let sad 17th
Companies, now statimel at Malts. TM Etas Is a sphadid
steamer, and from tee rapid run the sada time Liverpool to
Portsmouth is calacted to make a rick prop to Malta.
Mr. W. Hmitidd, inspoc or of jobs., has Ora promoted
to be acting foreman, vies Moore, simevannaated.
PORTSMOUTH, MAT 11.
The Palms, 17, screw, Commander A. 0. Fitz-
roy, went oat of bamboos this forenoon for trial eller a-
gives.
The Etna, screw transport, embarked this afternoon the
whole of the mond battik' of the 21nd Rogimoat for con-
veyance to Males, together with detachment including
about 100 !bemire end a body of the Royal Artillery ; sad
sailed dithzt for Gibedthr and Malta.

DEVORPORT, Moo 11.
The Aboukir, 90, mew, is now at the moorings
off the dockyard raking her yards and spars on heard.
The Revenge, 93, screw, lasactied at Pembroke oa the
16th alt , arrived hers yesterday Mumma in tow of Ike
Virago, 6, paddle, Commander Done, and in charge of Mr.
Biddlecombe, automat master aitendant at Keyham. The
Revenge was rigged in 16 working dam and, considering
that she is above 3,030 toes, the greatest auction sue have
been tried by both officers and mem who wen al plardin
preparing bar for navigation to this poet. She will be fitted
with maclilowy, firc , et this port, when she will be Oared
is steam reserve maul required for the peered.

Mr. Kemplay—Mr. Neale proceeds to state there wera
previous articles in the same ps;er reflecting on Min.
Lord Campbell—Your applteation moat be conficed to
whit you comp'am of at libellous in the article on which you
MOVE.

Mr. Kemplay Paid be would read part of an article which
appeared in the Brig Atom Gazette of the 17tb of Febnuuy
last. It was—" Then wily will oar pen find rest from ex-
poeutg newt painful prcceedings and then only may the p :or
pm:miasma and sisters of the clarity expect to =Joy that
peace and security for the closing days of t heir lives which the
collage was dosigoe.l to afford them, bat which design h.ei
been repeatedly annihilated through the Indiacretion of those
whose duty it was to preserve ;caw, sot not lobe continual),
break leg it:' The applicant fait it to be his duty to come
forward at the earliest moment and deny the charge. The
article showed that the proprietor of the paper didnot intend
to demise from bin attacks until he had removed Mr. litale
from his oars.

Lord Cisombell—l am of opinion that there Is no ground
whatever for this applicali.m. I hops the jurisdiction which
this court exerelare with respect to criminal informations is
for the public good, but I think it would be most optremire
if the court interfered upon such an eppliostion as this, for
the publishing of • simple statement at whit la allowed to
be literally and strictly true. It does not filled upon the
gentleman at all ; it intrtly states that • chug, was made
and &moulded. Ido not sae the slightest ground for our in-
terference.

Mr. Justice Erie wee of the mune opinon. It wee s calm
sod correct statement of the troth, without a particle of
salon
_ _ .

hl;:lastice Crompton concurred. If the ecurt were to
grant the application it would be es much as to say that ge
public press should not state any puMic proceeding without
giving as opinion upon it. It might as well be mid that if •
gnatd jury ref urr.el a bill of itdiviment the fxct could not be
stat.d in a naen.paler.
Mr. Kemplay—The applicant is very anxious to take the
earliest opportunity of deny ing the charge.
Lord Campbell—He ►buld have deniod It In a letter ad-
drawled to a newspaper, wad not lure come to tee Dlejesty's
Court of Queen's Bench with so frivAous an application.
This is not a place where handbills ate to be posted up to
gire information to tits public.
Rule mimed.

COURT OF COMMON PLEAB.--111AT 11.

Blaine t Bel2oo.—(Before 'makes Willes iuri %lea)

XXXXXXX OARTUN AND STONS.-00004 T/LATTIC.

Mr. Collier applied on behalf of Mears. flutes and [Rope,
ho ars cent rs, for a rale for an iojuectlon against the
Bristol and Easter Railway Comp toy, upon the ground that
They gave undue advantage to situ. peruse over the com-
plumate. The Railway Compeny charged the same sumto
the pubbe, f whom they a.,llectsd and delivered the goods
es cell u es. ried them swag their line, as they charge I the
complainants, who themselves collected the rode from their
customers at we sad and delivered them at the other. The
object of this, it wee submitted, was to tutu those who are
rival carriers to the convexly ; and it was stated that upon
these same facts an injuucti= bad teen granted against
tee Great Western Railway Company. In addition
thin were in tile cue the following eircututences
, . . .

—The Bri•tol sod Batter Company ?dived to re-
ceive goods brought by the complainants after 6 o'clock is
the evening, whilst goods brought by thetas lam or their
egimte wen received until a much later hour, and forwarded
t their destination the mine night. In ad lltion, a lower sum
was charged to certain persocs in Bridgewater for the
carriage of gro Is between Bristol and Bradgewat.T than they
charged the vimplalaards.
Halo paat4d.

NAIADS A. DTION ♦DD ANOTUEIL-FATAL ACCIDANT.

Tale was sit eerk n to NOOVer darnagos in ooneequence of
the destb of the pleintire hostand, woo had been tun over
by the defeedauti weirgon in tho Wandsworth-toad and
killed. The cam was tried t dote Mr. Jollire Williams et
the last sitting, when the jury foiled a verdict against one oh
the defendants—damage. lOW.

Mr. Pearce now moved for a rule for a new trial upoa the
ground that the vi-rdict vu against the evidence, and also
upon the groutid of surprise.
The cowl took time to consult Mr. Juana Williams upon
the mater.

CENTRAL CRIMINAL COURT.

OLD COURT.
(Wore Kr. Jostle* Crowds.)

. - -
Nary leer leacher, 40, win c.harqei with cutting and
wounding Wollner Puncher with latent to do him grievom
bodily harts.
Yr. Metcalfe conducted the prosecution.
It appeared that the prisoner and the prosecutor were
man and wile, and that they lodged at No. 32, 8,1.er-street,
Golden-square. About one o'clock in the mornilig of the Ist
of May, the prosecutor went home intonicated, and onhis.t%
into the beiorcom, where hie wife was in bed, ehe
him with coming home so saying that four o'clock in
the morning wee a pretty time tor Wm to oome home. The
prosecutor toll her it was not so late as rho represented, and
that it wee only a little after out, and, according to his state-
ment, immediately upon his saying this, the prisoner made •
blow at him end stahbod him on the eye-lid, and he wee
somewhat seriously injured, sad ft was found seerreary to
hake him to the Charing-mom Itoeptowl. The pideener was
thee taken in o cu.lody, sad se she wee going to the pollee.
station ehe Beet she wee sorry she had not done for him,
meaning her haeband, at once.
The prisoner'
i when call,d upon for her defence, pat In •
written statement, stitch represectod di it her husband bad
been in the habit of beating and otherwise wing her, and
that on the Wight in question he struck her Bret, and ohs
took up the knife to protect bawl, and is the sends that
took piece between them the injury a as indicted seeddentally.
The jury found the prisoner Guilty of the misdemeanour
of uslawfaily wounding the prosecutor, sad olio 1111111 lOW
Mooed to six months' hard labour.

Too indsotruent agoanot ttw two defendants, Mortimer sad
Marshall, for hariog procured the solo of a cototniwion in
the army, has been removed by certaorari to the Court of
Qmman's Bench.