The Express.
London, England, 1860-05-28 00:00:00

JAI ?AMA, APPILLANT. --JUMP, lIITIOIA

This was an appeal from a conviction by the .4.-
trates of Chelnidord. The appellant is an innkeeper, at
Great Beddow, in Fret, and the information charmed him
with an offence against the tenor of his license, inseam& as
that "being an innkeeper he had knowingly mitered
to go on in his house." It would seem that about 12 oil=
on the night of the 12th of January last, the informant, •
policeman, entered the appellant's home, just as • party
were leaving it. On the table in the bar pariom he found •
pack of cards, and four peewees, on of whom was
the appellant, standing in the room. The appellant
at coos admitted that be and four others—one of wleom had
left—had been playing cards for small Mal of money ; that
me7egiunda, he and the others, all of whom were tredesenen
of the tillage, were in the habit of each dime's
he fee the purpose, sad that on the la emotion it
Ins taw app
tan to entertain The
aishiratas held this to be an offence within the terms of
tie tow Ow. IV., c. 61; but as they admitted all the cir-
emadanom as stated by the appellant, they only inflicted •
acenisel Am.

Mr. Barrow appeared for the aweEant, and argued that
the conviction ought to be quashed, inasmuch es it was not
hued at what particular game the party had been pitying.
It selAt possibly be they were playing at a game into which
skill gloss entered, and if so, under ee 8M and Bth Vie.,
c. 100, he submitted the parties were W. olleadlag. Whist
might be almost mid to be a game purely of ekal, whereas
blind hockey was on. of mere chance. The la rd could
never have intended to have prohibited innkeepers nod pub-
licans from enterldeing **private friends in a private
room at a game of cards ; yet if this conviction were up.
held, such must be the remit. Even a game played by
little children in an inn would be contrary to the law.

The Lord Chief Justioe—You mad nil forget, Mr. Bar-
row, that de minima, nen curet lex.

lir. Justice Wightman —The question is, is this gaming ?
The line must be drawn somewhere; and the danger is that
if ovd playing were allowed to go on in the private rooms
of the innkeeper, or if his private friends are to be per-
mitted to play in the house, it would be opening a door to
the general infringement of the law.
The Chief Justice said he certainly was very much struck
by the distinction drawn between what the owner of an
inn might do in his public and in his private capacity. At the
same time, as the words of the set eif whammed were large
enough to embrace the present cam sad jmilNy a atomic-
ties, rt was perhaps the Wee eandanstlem to pat upon the
act to uphold the conviction. It might he Sat the leo&
lature intended to place certain ritihr voila*
of pnblic-housee, which might operate so as to hold oat
n
example to others.
The rest of the court cormarring, the conviction was
upheld.

BAIL COUILT.-IffAy 26.

Bitting, at Nisi Prime.—(Before Mr. Justice Hill and
Commas Juriea)
WAXIER r. BLAMILL. —OOIOOIIIIIION.

This war an action to recover 191. 16e, as commienion on
tba sale d a parcel of hops. The defendant pleaded never
lerlahtid.•
Mr. Dunbar was counsel for the plaintiff ; Mr. Manlike
recanted the defendant
tiff is • commission agent and clerk in tie
Marcesgertut without any warehouse or office in which
suds a !minor would be earned on ; and the defendant is a
Isomer hying near Hereford. According to the plaintiff's
ow* he accidentally met the defendant, who was • st
to Ma, in the Town-hall, at Hereford, and havingnae:
ceenreemtion about hops, the plaintiff said he thought be
'odd salt them for him. The defendant thought he amid
sale the begs at 625. per cwt. ; but Use plaintiff told him to
pat tint down at 86., and received • sample ; his own-
minion bsing to at 101. The plaintiff having returned to
Langan Via to the delondaat to intone him that ha bed
sold two or three tone of the hop to Mr. Dickens= at
Mk, sad leaving the commission to the defendant's hamar.
The plaintiff enclosed the sold note, but when the defen-
dant wrote to Mr. Dickenson that he must pay the can
he teak no notice of it, aad the transactionian did not come ad
Ile plaintiff, however, contended that he was entitled to
the caninfesion, the sold note having best *net The owe
for ii4lifiso• wad that we wish matangenteat me had hem
relied upon by the plaintiff had been entered into, end that
66e. was the price named.
T'he jury found • verdict for the defendant.
f. 0W191111.-31101JOINCL

The plaintiff in this case, a cab proprietor, brought an
maths to recover compensation from the defendant, Colonel
Granville, for injuries sustained by his cab and horse by
the nsighgence of the defsidant's servant.
The defendant pleaded that the plaintiff was not pee-
sand of the cab, and that the defendant was not peened
tithe carriage.
4i:cording to the plaintiff', eas, W cab had base
waiting for two ladies in Cothet-gasdamearliet, whim the
detant's machismo drove against the hind wheel, emeleg
such • shah to the horse that it died from the injuries
retelved.
Toe the defendant it was sworn that the hone. carriage,
and ovachman wen the property of Captain Willoughby,
aced that he had liSt them to the defendant.
Ultinatedy, hy ciessont, • vodka was taken for the
plaintiffl.-411thest

lIIIT OF COMMON PLEAB.—MAT 26.
in Banoo.—(Before Lord Chief Jnatioe Erie and
Josfioes Williams, Wines, end Byleo.)
are r. zoortze.—na mAnerres mama •

- -•
Mr. Hughes, the defendant in this ere, brag an elegit
creditor of Mr. Lumley, he, on the UM Marsh, 185 S,
entered into an agreement with Mr. Gye fa reference to
Her Majesty's Theatre. Mr. Gye was to pay afereimad rent
cl 5,0001. • year, and in coolderation thereof Mr. Dishes
demised the property during the time that his interact as
'legit creditor, and also the term granted to Mr. Lumley,
should continue ; and Mr. Hughes was to authorise Mr. Gye
to take poreasice. When, however, it was attempiedto give
Mr. Oye poesesaicrn it tweed oat that there was a person
there who held for Mr. Lumley, and be refused to Lt
the parties in ; and in fact Mr. Ciye never did obtain peer-
lion. Upon this state of facts Mr. bye brought the present
action to recover the 5,0001. which he had paid fora year's
rent, a sum whichhehad paid for insuranoe,andintwer epos'
these amounts. He contended that it was a nmearry amp
dither of the letting to him that he should have posseeelon
of the theatre, and that he not having had possession there
wr a total failure of consideration. On the other hand
Mr. Hughes contended that Mr. Gye's object in enteric
into the agreement was not so much to obtain preemies
himself as torment any other pwson oparug the theatre
Ito compete with Coventerpirden Theatre. ILe trial took
place before the Lord Chief Justice at Guildhall, when the
I jury found for the plaintiff for 8,7301. ; bet subsequently •
role was obtained which called upon Mr. Gye to show cause
why them should Doe be • new trial upon the grounds that
his lordship should have directed the jury that the true con-
struction of the agreement was that Mr. Hughes did
not undertake to give Mr. 1:/ye possession upon receiving
5,000/. • and that his lordship bad improperly admitted
carol evidence to midair' the written agreement. Another
branch of the rule referred to the amount of &mega, and it
was submitted that Mr. Gye was not entitled to recover the
whole amount paid for rent, as, though there had been •
failure of coxrderation, he being at the most entitled only
to recover damages for breach of contract. It was further
submitted that he could not recover the amount paid for
insurance, or interest upon his payments. The matter
now came on for argument upon the question whether the
rule should be made absolute.
Mr. Lush and Mr. Denman appeared to show muse ; and
Mr. Bovill, Mr. Berjeant Pigott, and Mr. Lloyd to support
the rule. . . .

The case occupied the whole of the day, sod was not con-
cluded when the court rose.

MARKETS.

--~.-

OOTTOW.—Lismiroot, MAT 26.—we have had • very
gid4 market to-day. The mice are ODD bales—bsolodiag
5,460 American, at 4td. to 80.; boo Surat, 3M.to 4d. ;
60 Egyptian, 80.—of which 1,000 are for specuLtims and
export Today's import is 20,542 bake.

COTTON 000D11.—NASCHVITZE, MAT 28.—The eggre-
pte amount of badmen this week ho been saiall,owing chiefly
to the unfavouratde advisee from Calcutta. The cloths
chiefly affected by these whim have been 40. inch shirting.,
for which decidedly lower prices have been accepted, where
ales could be effected, but in Owes and in light T cloths,
and *oasts for the same market, very little business could
be effected, buyers meta
:tag their purchases to very
small parcels. For printers there baa not been much doing,
but the prices of these goods, owing to a fair amount of
' orders in band, are about the firmest of any fabric in the
market. Shirting; of 36.inels widths, for the home trade,
are firm, with a moderate business. For yarns there bas
been mac demand towards the close of the week thia ea
Tuesday, and for kinds suitable to China better prier have
been given than could be 'babied on that day. For twist
suitable to the Levant boluses ha. bees dome at id. de-
cline from the ate. lately current. In some eases twist
anciel=ox suitable to the home tads have been sold at
a id, per lb., bet most kinds et twist are firmer
whi& partly attributable to the osier state daft
MOW Prices sin the reduction et the Bank rate of &l-
ona. Prices in Nair all kinds of manufactures and
yens have a tendency in favour of buyers.

WOOLLY-N.—L=4 NAT 26.—We have had no altera-
tion in the market this morning. Them was the usual at-
tandsses merehanta in the halls, and a steady business
took plan at ilrm quelailion•

00111 C NAT 38.—We had • very dull
sada* and th• gates el all corn inn unchanged from that
cd last wear. wk.* Oa. to 521. Oata, 26e. to 30..
Bona, 44.. to dde. Barley, Ma. to 34a.
--—-- - - - -

CARitsia, Yet 91.-19; bad a mall supply of all hinds
of grain at emir inseitet this morning. Wheat • good
demand. Wheat, whits, new and old, 22e. Od. to
23e. Od.; red, new and old, 20a to 21a. 6d. Barley, new and
old, 16s. to 17s. f•L Oats, potato, 12a. 6d. to 13a. &I. ;
commen, lla. 6d. to 13a. our, per stone, 2s. ad. to
91. 44. Oatmeal, per stone 2s. ed to 2a. 6d. ItyeansaL
per stone, la. Bd. Buie per atone. 15..8d.

COLCHZ9II; MAT 96.—A very small supply of wheat
and other gran. Wheat unaltered m value. Barley almost
nominal Beans and pus, Is. dearer.
01000.111M11, NKr 28.—We have a continuance of the
same beemiitel weedier as noted for the last few weeks.
At out te4lafs Mead there was a fair show of English
wheat munOes, but millers were unwilling to give last
week's prime, end the little business done was at the turn
in buyers favour. Foreign unaltered in price and very
dull. Barley and beans quiet. The business in oats to-
day was almost nil. Imports of the week ending May
Id :—Wheat, coastwise, 850 qrs. ; foreign, 2,200. Ws,
Inland, 4,720 ; foreign, 500.
• •• • • •

.
Gththorosio, MAT 16.-11sare was only • limited sup-
ply of wheat tirday. It sold on much the lame terms as
bet wee the Undo not being very ware. Other grain
without Wheat, 52.. to 63e; barley, 365. to 405.;
seta, Ns. to ; baths, 43i. to 465.
RESTPOID, MAT 26.—The wheat bade to-day supported
LA week's prim ; supply good. Very little doing in bar-
ley, at last week's *eel. Oats mods fully as high rase as
last west. Peas and beans fully support last week's prime
Wheat, Us. to 30s. per load; barley, 28s. to 465. pr
qr. ; oats, 23e. to 30a per qr. ; pest, 14s. to 28L per load;
Glans, 265. to Ms. per load.
• - -•-

LWICISTIZ, MAT 26.—The quantity of wheat from the
growers was rather better than of late, and the attendance
of baying and sellers was about an average. The demand
ruled quiet, and purchasers were We to satiety their wants
at late rates; white sorts made 68s. to 601. • red, 635. to
fits. per 36 stone. The burins transacted in or
kinds of barley for malting purposes was very and
prim, were in favour of buyers, 404 to 45e. per qr. For grind-
rag there was more inquiry, and late terms were generally
realised, rates varying from 335. to 365. per 50 stone. The
cats trade although not brisk was firm, and high prime were
asked and obtained ; old, 345. to 36e. ; new, to Tie. pm
24 stoma. Beans rather dearer than heretofore ; old 465. to
50a. ; sem, 465. to 48a. per qr. Fine flour, 40s. ; seconds,
3.95.; thirds, 365. per sack.
HIV/CASTLE, MAT 26.—Small show of farmers' wheat,
and also a very small attendance of buyers, in nee
of a large fair in the neighbourhood being held toc=icasi
unaltered since this day week, and sales slow. Little or no.
thing doing in south country, but holders very firm. Flour
little passing, and prices without change. Barley ands few
buyers, and prime tend downward. Of oats we have large
arrivala, and to effect sales In per quarter decline must be
conceded. Beane and peas more inquiry, at uniform prices.
NORWICH, MAT 26. Here to-day there was a
comparatively short supply of whist, but the millers not
bass disposed to purchase at advanced rates a somewhat
Ilinitsd business was done at former prices. The weather
coathums warm and genial, and vegetation makes rapid pro-
gram. Whits wheat, 625. to Ns. • red ditto, 50a. to 545.
per quarter. Flour, 375. to 374..13d. per sack, from the
miller.

NOTTTIWILILL NAT 16.—There was a tolerable show of
wheat at our oorn market to-day, the supply emulating of
both old and new dmetiptiom, the quality being vaned.
Extreme dulness pervaded the trade, but no concession in
prices could be obtained. Old white samples realised 565.
to 60s. ; old red, 53a. to fffs. •, new white, 565. to 61s •
new red, 54e. to 595. per 36 stone. The supply of
malting barley was scanty, and the idemend being heavy
late rates could not be obtained ; grinding well sustained
former terms, namely, 325. to 335. par 30 stone. The in-
quiry for oats was steady, and holders realised extreme
rates ; old, 321. to 355. ;. new, 275. to 338. per 24 stone.
Beans met a quiet demand, at recent currencies • old, 48s.
'to 525. • new, 465. to 48s. per :›9 stone. Superfine flour,
41s. to 4.15. ; fine, 38s. to 40s. per 20 stone.
Oxman, MAT 26.—A large quantity of wheat was on
offer, but there were but few buyers. Good samples of
white and red c4mmanded fully last week's prices. .rley,
to use a common phrase, is used up iu thin and the neigh.
bearing counties. Oats were in request and commanded
mom maned. Beans realised from Is. to 2e. more per
gamier. Flour on the advance. Prime hay worth from
44 154. to 5/. per tom.

PZTTIMPOROUOII, MAT 25.—At our market today we
had Exl supply of wheat, which mat • slow sale at about
the of this day week. Barley, none showing. Oats
and both rather easier to buy. Wheat, beat red, 545.
to fitis. ; common ditto, 52a to Ws. per 5041b5. ; oets4la. 3d.
to L. 4d. per stone ; Leans, 455. per gr. of 5321b5.
&WADING, MAT 25.—W0 had but a very limited supply
at wheat at market this morning, the condition of which
was good. The trade opened very slowly, but as there is
some &nand to meet the want; of the mealmen the trade
ruled steady, and a moderate amount of business was
ironer:tad at late rates. Barley is but a nominal trade, yet
prime are unaltered. There is barffly so good a demand for
ottri owing to the improvement in the feed ; but a fair
trade took place, and peices were maintained. Beans and
peas are each • steady trade. Wheat, 40s. to 625. ; barley,
va. to 45.. ; oats, Ilia. to 325. ; beans, 42a. to 50a. ; peas,
Ye. to 44e. Floor: Households, 443 r. ; Nomads, 42e. per
sack.

Rocaseesa, MAT 26.—The supplies of wheat were cm a
moderate mode, and the tone of the market much Amer,
and a fair aaseant el two Uses was done at la. to 2s. par qr.
above the rates el lest week. The primeet lota of white
wheat found *pee at Ms. to 605., and inferior kinds at
50i. to Ede. Bed wheat w not much inquired after, bat
prime bits mites Wilk ae sih. per qr. The supply et fa-
wns was gc sad eat description was 2s. per qr. dearer.
There mw to Nadag doing in barley, and the trade
isehreviii; boa main sod pinding king* however,

are firm. The market was pretty well supplied with oats,
but the demand was very quiet, and the prices the manse es
those of bet week. There was no appreciable alteration in
beans and pass, the supply of which was sot large. Flour
has advanced ls. to 2s. per sack. The late rains have had •
remarkable effect upon the hops, the bine of which is
combos slung very fast and strong.
WEPEINE, NAT 28. —The supply of grain of all kinds is
bet moderate at this day's market. Wheat made about last
week's prices, but the trade was not lively. All 'prom
, can (from the shortness of supply) brought quite as much
money. Prices to the grower :—Wheat, white, 64e. to
Me. ; extra, 58e., 631bs. per bushel; ditto red, 51s. to 545. •
extra, M.; Gate ls. 2d. to la. 3d. per stone ; beam, 42;
to 45e. per qr.
WOROINTER, MAT 28.—There was a lees supply of wheat
at market today, out the trade ruled dull, at barely the
Oemartesel2.erfngiklat dr
week.
nßeorafteolyls.hpe.
per qr. lower.
r qr. without
finding buyers. Beans firmly held for fully as much money.
-

TOR; MAT 26.—The attendance of termer, and factors
was about ss 3isual, and the show of wheat (for the mason)
was pretty fair. A small amount of business was done at
former quotations ; white qualities ranged from 565. to 60e.;
red, 525. to 545., per 36 stone. There was not much demand
for melting lathy (which was exceedingly scarce), and the
change in prima was not material ; grinding realised recent
terms, which varied from 325. to 345. per 20 stone. In oats
• moderate trade was done at the full currencies of the
week preceding, 28e. to 325. per 24 stone. Beam were in
short supply, and could not be purchased for less money,
445. to 48.. per 38 stone being the ruling rate. Rye, 36e. ;
malt, 68s. to 70s. per qr. Flour, 39e. to 41a. per sack.
WATIMPOID, MAT 26. —Our import list is almost a blank
this week, and we have had scarcely • simple of farmers'
grain at market ; but by boat a fair quantity of oats his
oome to hand from the interior. Although our supplies
have been on trifling, no improvement can be noted in the
trade since Saturday last. Irish wheat barely maintains
previous rates, and foreign can be rchased at a reduction
of 3d. to 6d. per barrel. In bary hardly anything has
been done, and prices are almost nominaL oats we have
had a considerable business passing, at full prices. Indian
corn—The demand for this article has been very large and
I in the early part of the week holder, bad no difsculty in
obtaining an advance of 3d. to 6d. per barrel on the cur-
rency of this day se'unight, but the improvement has since
been last, and pur.chases can now be made at • trifle below
last Saturday's pewee. Flour unaltered in value. Imports
this week :—Wheat, 520 qrs.; flour, 48 sacks. Exports this
week :—Whist, 51 barrels • oats, 8,315 barrels ; flour, 689
sacks ; Indian corn, 850 barrels.

Kiiiiroatnr, MAT 26.—We have beautiful weather, end
our crops progress very rapidly, the only exception being
that many of the fields of wheat are thinly planted and small
stalked, and they have not tittered so well as usual. Potato
planting has bean brought to a does, and many of our
farmers are far advanced with turnip sowing. At our
country markets this week we had only very moderate
quantities of grain offering. Wheat was rather a slower
sale, without any change in price. Oats more inquired
attar and rather dearer. No barley offering. Here today
we had a moderate supply of wheat, which sold sl;iea.y.
fully last week's prices. Oats mall supply ; sales at
6d. per qr. advance. Only two trifling parcels of
Wheat, 495. to 1575. per qr. ; barley, 34a. to 395. ; oats,
27a. to 31s. 6d.

HARDWARE. Bramlsomer, MAY 26. A change,
slightly favourable, has taken place in the trade of this
town, and in the course of the week there have been more orders
stirring on account of the home trade, and in some instances
the workpeople have been making more time than they had
done of fate; the manufacturer' orderbooka having been so
thoroughly exhausted that some of the men were of neces-
sity upon short time. Natters in that respect are now look-
ing more moment. It is not expected that business will
anddeuly biome brisk, bat if orders opine in sufficiently to
keep the manufacteries steady there will not be much cause
far complaint ; and although there has been a good deal
langour for the last two months the most has
been made of it, for at no time have there
been many persons out of employment, neither
have manufacturers been making goods for stock.
For every description of military arms and articles used in
ornamenting military attire there is an active demand ;
this creates activity in many branches, which in one way or
other employ a large amount of skilled labour. The foreign
trade is as quiet almost as it to possible for it to be. The
iron trade is in a more healthy state ; orders for finished
iron have come in better for the last ten days than they had
done Moe the commencement of the quarter; and the mills
and forges all over the district are in further operation.
'as labour market is healthy all over the mineral district.

SHIPPING INTELLIGENCE.