The Express.
London, England, 1860-11-19 00:00:00

COURT OF QUEEN'S BENCH.—Noy. 17.

Sittings in Smice.—{Briars the Lard Child Juslioe, Mr.
Justice Hill, and Mr. itUrtie• 121bxkliarn.)
11 ELITI 1•1701110.—/LUEMAS 001PUL

lag Tueaday lag, jug before the gag of the court, Mr.
Sleigh obtained a rule absolute fora haber corpus diluted
to • pennon of the name of Howse, and ordering him to
produce the body of a young lady of about 15 years of se,
whom he had removed from the reeidence of her father, who
resides 134. Albene, Howse having been not long Wore •
clerk in the movies of the applicant. The rule was made
reiumahle et 'hangers.

This nevi& rg at the opening of the court,
• Yr. Heigh stated that the rule having been made return.
able at ottambors yesterday before ]fr. Justice Blackburn,
Howse, although present, neither produced the
body, nor made any return to the writ. Where-
upon he (the learned counsel) applied to the
j•edge to attach Howse. Mr. Justice Blackburn, however,
was unwilling to assume the responsibility of committing
Howse to prison, but referred the matter to the full court.
The learned counsel had, therefore, in purautace of that
directke now to apply for an attachment sit Howse, or
for an ceder compelling him to produce the .
Mr. Digby appeared on the other Ede, and said
he was with explanations on behalf of Howes.
The Chief Justice mid nothing but a return to the
writ would satisfy the court.
Mr. Seymour Oren said he would be prepared with aftl.
davits a little later in the day.
Subsequently, Mr. Seymour having stated that he was
now prepared with affidavits,
Mr. Sleigh moved that Howes be committed for ecatempt,
his return to the writ Wag evasive sad impertinent. l'he
rotors was then read, sad was to the following effect :
Howse stated that had tees requested by one Mary
Ann. Burford, step mother of Charlotte Barford, to take
charge of her, the (Mary Anne Barford) informing him that
she bad left her father's house ea the ground al cruelty.
That on Thursday, the Bth of November, Charlotte Barford
had accompanied him to his hones, 11, George-street, Here-
ford-street, Old Lent-road, at the wish and by. the direction
of the said Mary Anne Barford, and that she remained there
until Wednesday last, the 14th instant. That on that day
she went to the house of her aunt, Mrs. Crawford, at
NewWitoa, and that since thee he had neither seen
Charlotte Buford, nor had he had any communication
with her directly or indirectly. However, he bad bees
het night inlensed that •gentiemso named Gilbert, whom
he (Howse) led never seen, called on Thursday at Mrs.
Ciawfosesj had on the authority of soother aunt of
Obarletas &dud's, namely, Mrs. Barbel Hopkins, he re-
awed her from Mrs. Crawford's and had taken her to Had-
field.

Mr. neigh submitted that that was not a sufacieut re-
turn. It was evasive. Howse did not set forth that the
girl was not sow under his control.
The Loud Oldof Justice—Suppose the girl has got into the
heads of her reislires who atonal in loco pinata, would not
slue be this beyesd hi control ?
Mr. D. Seymour said Howse was quite ready to insert the
declaration suggested, and to date the lady was Dow
beyond hie control.
Mx. libugh would contend that eves this the rehire would
be bad. Howes did not ear weld he slate that the girl
wss not in his pcossecica at the time al the moth( at the
writ.

Seymour, reading from Howes silidevits, mid that
Bowes heft his house on Wednesday mermagatsot
(Meek, aid that he dad not ream hum. until midniot,
when he ewe informed, far the fleet time, that Charlotte
Br ked had left for Newingtina ; that he was not aware
that say applkatioa had bees made to this court until
about elms o'clock es Thunday, the 15th, when he wee
hemmed of the same by a friend.
mid that the father la lug alldavit set out that
he IMd ham to Mrs. Chawfoni, and wee neither allowed to
smelt the home for his child aor mold he pin any tidings
of her.

The Chief Justice said the matter had better stand over
until the risiag of the court, when the affidavits on the
other side could be produced in en amended form.
Accordingly, lust before four o'clock, the Chief Justice,
however, having been obliged to leave the court upon prow
initusinew,
. Sleigh again called upon their lcadithips to at-
tach Hawse, whose return to the writ was clearly bad in
law. In the first plaos, he carefully avoided stating that
which, according to "The King v. Vince (2 Lerma), WM
essential, namely, that at the time of the liming of the writ
the girl was not under his control. It was quite clear she
was in his custody at West Wednesday until 6 aen esday
stemma, aad on Wednesday wanbis delt
it Whereas a Nat-
ter of pubic ackaisty that the quit Wid Wee applied for.
Siam then the edneta at the father had boa ualeter-
milteat le discover has eldld, but they bad hew utterly
freeyaied alihrogh at the end et the enweided return
Neseageleled that the girl was not now sailor his conteol
--sookiiii sheldeg that he was ignorant et her wherie
.Meals. likeijd yr immebik _ressond feat her father's
WORN di its nil •ai Oteher, end so late as
Weillessiday wee* fan the was in the house
of• =awkowleie cosepiad with his wife sad lawny
two • awn, the remsiadar of whish warn let to a
caboose. Mier via entitled to the poemesion of his
child, Ind be N. cot to be told "Go here, go there" la
met of her. T. return was clearly evasive, and there-
upos the authority of the case of the " Queen v.
liebrata.. he called upon the court to attach Howse for
JecialMtleymour mid that Howse in his affidavit distinctly
' doted that he did not take the girl sway from her father's
house. She came to him at the instance of her step-
mother, who complained that she bad threatened to commit
suicide on account of her father', cruelty, and she therefore
implored Bowie to take her eider his guardianship. The
father had dented that Becket Hopkins was my relation of
the child. Now the fact was that she was the sister of the
child'. step-mother, the present Mrs. /holm& Hopkins in
hid dadmit swore that he believed the girl was now at St.
Al ban& And it was also airfoil on the face a the return
that Mr. Barford had behaved with habitual cruelty to his
wife, the step-mother el the girl Charlotte Warlord.
Mr. Justice Illackhorn—We cannot enter ieto that ques-
tion now. Of course, if it should tura out by and by that
Mr. Warlord is not a proper person to have the custody of
his child, the court can in ere to prevent him.
Mr. Sleigh maid he must here interpme to remind the
court of what wm stated la Mr. Barford's affidavit. It set
out that Mr. Barford, having been informed some time ago
that a certain person, au intimate friend of Howse, was
trying to pin the affections of his daughter, he Lad
arranged to send her, in company with her sister, to school
in Bs ; and that, pending the carrying out of that
arrangement, be bad made the discovery that secret reds-
Oats submitted between this seine person sod Lis wife
which disouvery had led to a separation between himeedi
and his wife.

___ _._........
Mr. Justice Hill, in delivering judgment, said—lf it bad
been made out that the return was really evasive the court
would have no difficulty in issuing the attechment. But
il
the faeta set out do sot exactly show that the return is
evasive, although some of theallegations are very doubtful
and sail very near the wind. Pesti the statements is the
return are bean fide, possibly they are not. The proper
course, therefore, is to let a writ of habeas issue addremed
to Mn. Crawford and Mrs. Hopkins, the writ of commit-
ment against Howse to stood over until the return to the
other writ is made. Then, when all the feet. are before the
court, if it should turnout that Hoeree's return usenet boon
fide, the court will have no hesitation is attaching him.
Mr. Sleigh asked that the writ against Hopkins and Craw.
ford should be made returnable on Monday.
Mr. Justice Hill—Yes, let it be returnable at once ; but
you meat lose no time in nett.* it drawn up, as the process
n nos which can't be served on Sunday.

EXPAITI WILLIAM TROMPIKAL -HABEAS 001F011.
Mr. °venial, Q.C., had obtained a Ms ail fora habeas
corpus, directed to the keeper of Reston Oaol, where a
man named William Thompson ems ceased on a charge
of haring abased and assaulted one Susannah Taylor, on
the ground that the committal was irregular, inasmuch as it
did sot set oat that it was with or without hard labour.
Mr. Kay now showed cause spinet the rile.
The Court held the objection was grouted/ass, sad dis-
missed the rale with costs.