The Express.
London, England, 1858-02-23 00:00:00

THE EXPRESS. TUESDAY EVENING, FEBRUARY 23, 1859:

spetator is impreseed with the venerableness of what be be-
holds, and though he may Liugh, this does not destroy his
feeling of reverence.
But what is this British constitution ? 18 it in accordance
wi,h the demands of theory is it • goal to attain which
,the, nations ought to strive P Those who judge from the
doctrinal point of view will not give • favourable answer.
The Earlish constitution is ambiguous and ascertain in its
pr ovi,,ous. oqjy .1 few points test upon afoundation of written
wort.: meal" link. are wanting in the chain ; it is
aristocratic in character; it dors not morel's re-
ligious equality; it does not satisfy the claims made by
• theories; it recognises the right of absolute veto; it
irupose• a property quahficati,n on electors, and on candi-
dates for elsctioa ; the representatives of the people are not
paid ; and it comprise. •hereditary upper chamber. And,
nevortheless, the system of liberty in England is the best
and the most firmly established in the world. It rests upon
a historical fuuadaiaon, at has been formed gradually, sod in
"trio accordance with the requirements of the nation; it is
supported by the affections of the whole people; it rods
more especially upon ability and iatelligencot it is not
threatened by any conflict between different and discordant
nationabriee ; it is supported on all solos, for the conflicts
between the various parties are not for freedom and against
freed.m, but only concerning the form of freedom. That this
system has still many defems. that it needs reforms, that it
meet, more especially, make many concessions to the hitherto
oaremerulaed principle of equality—who would deny this
But the English constitution contains within itself the
germs of these improrements ; it indicates the way
c 4 we, maturely considered reforms, . which never
come too soon, and very seldom too late. The great
advantage Is, that though in England matters move slowly
forward, they never go back. Piece by piece the Engash
constitution bas come into existence ; it is • curious mixture
of old sad new, endowed with a permanent principle of
growth, while the development of liberty in other countries
II but a series of violent oscillation,, from revolution to reao-
tine. This, also, is the reason why the Englishman prizes
his liberty so highly ; every pert of it hen been gained by
effort. and struggles, sad that which has been attained by
such moans is embraced with a fervour of affection very dif-
ferent from that which is felt fur a system which 'whip
full blown from the earth. English Institutions cannot be
simply transplanted into foreign mil, when the preceding
historical conditions are wanting. But one thing all nations
may learn from England, vie that nowhere can there be
true pro Tj rressive liberty except mhos there is never any re.
tro os.
hese passages will erudite to show onr readers
that in the Danish journalist we have had a highly
intelligent observer among us, and we only regret
that the peculiar form he has given to the narrative
of his experiences in London renders it unlikely that
his book will appear in an English translation.

Kato inttittgenct.

COURT OF QUEEN'S BENCH.—Fas. 22.
(Ilittipp at NW Plias at Guildhall. Bolan Lad
Campbell aad • Simla Jo 7.)
ROYAL BRITISH BARE.
mount DAT.

Tat COMM 11. NrYPIIINT DROWN, =WAND INDAILE,
lINN/LT DUNNING ILACLIOD, SIMIAN.° 8•112 LIT INN.
RIOT, WILLIAN DANIIL OWNS, JOHN STAPINTON, AND

HI:OH UNZIP O.IIIULOK.

After our report left yesterday,
Lord Campbell said—l would take this opportunity of
asking the learned counsel on both sides when there is say
probability that this trial may be brought to a conclusion
Sir F. Thesigwr—l am in great hopes, my lord, that it will
be concluded, as far as the prosecution is concerned, to-
morrow. I state this of course without in any way binding
myself to such a promise.
Lad Campbell—Of course, Sir Frederick ; and if the prose-
cution should occupy a longer thus I have no cause to com-
plain. I may now auk—and Ido so fur the sake of public
business, and not for my own convenience—whether the
learned conned for the seversidefendants are prepared to in-
timate an ?pinion as to the time the defence will occupy P
Mr. Surma Bbee—l have considerable difficulty in answer-
ing the question, for it may be necessary that I should call
witnesses an behalf of Alderman Kennedy, but I do not
think his ens will have to be gone into at great length.
etr P. Kelly and Mr. James said they did not expect the
mesa their respective clients would =copy much time.
Mr. Huddleston—l shall have to call witnesses on behalf
of Mr. Bros n, my lord.
Lord Campbell—No time will be grudged that Is at all
material to the conduct of the use on either aide, so that the
most ample justice may be done ; but is there any reasonable
ground for suppling that the use will be concluded during
the rues= week .
sir F. Thesiger —I trust so, most sincerely; but I em
almost afraid to sey so. My own ion on le that it ought.
. Mr. James—You have already seven days of it.
etrP, Theatre—We would not have occupied so long a
Bme If we had bad our own way. (Laughter.)
Lard Campbell—Considering the difficulties the present-
' lice bee had to contend with, neither the jury nor I make
sal earapLdat.
The Jury—Certainly not, my lord.
Mr. P=die= was then recalled, and cross-anunined by
Mr. Seymour. Mr. Cameron was until 1849 a stranger to
the original promoters of the bank. They wore Mr. Owen
and Alderman Kennedy. He was known to Mr. McGregor,
who was a close friend of his. I believe hie oonnwdon with
the bank was proposed by others; and Camerae gapve shape
to it. He wee previously in business as • parliamentary
agent in Palace-yard. Cameron had no vote. He was, by
the terms of his appointment, dismissible by the board; but
by a clause in the cbartr, the general manager was allowed
to hold shares, which none of the ether damn of jhe bank
could do. Mr. Cameron laboured hard, and was very
anxious about the interests of the bank. I used to
, laser the directors complain that he did not attend
the bank at hours suitable for City business, but he explained
that, by stating that be war in the habit of visiting the
branch offices in the morning. Cochrane's debt to the bank
was doubled during Cameron's absence. There was • pa-
yout for the union of the Royal British Bank with ths Lon-
don and Paris Bank. Mr. Stapleton was in favour of it, but
Mr. Cameron opposed the project.
Sir F. Kelly objected—lle apprehended that if this door
were opened, the as most at least last double the time which
had just been suggested.
Sir F. Thesiger said that he did not like on the part of the
prosecution to object to any question counsel for the de-
fendants, but his learned friend Ste F. Kelly hewing objected,
as he undoubtedly had a tight to do, to the question, he felt
bound to support the objection..

Croae-exinitnedon aintinned—When Mr. Cameron re-
turned, after hie illnew, it wee he who tint proposed giving
neuritis, to the bank, that the shareholders might not suffer
in the event of hie death.

Cross-oxamtned by Mr. Lawrence—Mr. Macleod joined
the bank in 1863. He was absent in 1865. Hs had good
reason for it. _

Mr. i;Min:ewe—l suppose you mean—
Witsess—That he got married. (Great laughter.) He
was • yessig man of a highly respectable family and con-
nexions. In the differences which arose between Mr.
Cameron (wised' daughter he 'married) and the directors, he
showed he was perfectly independent and uninflussord by his
family connexion with Mr. Cameron. There was in
Mr. Macleod's conduct towards the bank at all Imondsimt
with honour sad integrity. He took up 77 of the now shares
and paid hard cash for them. He had 4,000!. or 6,0001. in
the bank, and was the largest shareholder when it stopped.
He gave Cameron bills for 4,300/. for shares under the marri-
age settlement, and the money was paid.
Sir F. Theeiger—You have several times in your evidence
Mr. Paddison, made a remark as to the integrity of the
defendants in all transactions of private life. Do you con-
sider their conduct with regard to the beak is to be regarded
in a public capacity P Do you draw a distinction I'
Mr. Faddism—l used the term without reference to the
question raised by this trial, for it is not for me, but for the
jury to per an opinion on that. I do not wish to throw the
slightest imputation on them, and it is mod difficult for me,
standing here on oath and answering questions oil-hand, to
amps nary answers so as to do joetice bmween a7l partisans I
dads to de. (Some manifestations of approval were here
made by the whence but not in such a tone as to oall for
the interforeen of the court.)
Mr. lames—l ask you whether you ever donned on the
part of Mr. Eddie anything inconsistent with truthfulness
cad lirobity in connexion with the bank I
Wanner—Nothing whatever.
Sir F. Thesiger was then about to read an affidavit made
by Mr. &dial* arts the bankruptcy of the bank, omitting
the MIMI of other defendants, and proposing to apply those
passages affecting the other defendants by reading them in
the singular person.
Mr. B. James strongly objected, and after some dimension,
daring which Sir F. 'I hanger insisted on his right to reed
the whole if he chose to do so, but said he had taken the
course proposed in deference to his lordship's opinion,
Mr. B. Jams said ha would prams his objcouta, and
MS lordship said he would adjourn the court and give his
opinion toonorrow.
As the court was about to adjourn,
Lord Campbell said—Mr. Paddle= has oohed ma a tines-
San exceedingly intending to himself and to all of us— Is
hie acianon concluded?" (Laughter.)
Counsel for the defendants answered in thb affirmative.
Mr. Paddlion--Then I may go to sleep. (Laughter.)
Mr. Paddison then addressing his lordship, said—l wish,
with the pemmisston of the court, to make a brief statement.
I know that there is an impression amongst those gentlemen
who formerly stood in the relation of my clients that I have
not acted in a manner which was becoming in affording in-
, formation to Mr. LWOW., which stabled him to frame his
an in bankruptcy. Previous to the examination of the de-
hodento before the Court of Bankruptcy, Mr. Linklater called
same for the informatioo, but I stood on my right, as the pro-
fessional adviser of the defendants, that our communications
wave privileged until he produced an authority from Messrs.
Freahlield and Co. and other gentlemen representing the
defendants, and subsequently to that, in order that my -
Son as a witness on this trial might be perfectly t,
I have for months given all my attendsices to Mr,
perfectly gratuitously. (Approbation.))
Mr. James —I may state that Mr. Bedell* declined to sign
the authority to which you allude, but as counsel for him I
have not one word to complain of in your evidence.
Lord Campbell—Mr. Paddiaon has given his evidence
most fairly.
Several of the imoLl: they fully concurred in the opinion
hie
IlicreaConbyrt them, at a quarter to 6, adjourned to this day.

COURT OP COMMON PLRA
SECOND COURT.

(Sittings at Nisi Priam In I.oodoa—Bsfon Mr. Justice
Willa' sad a common jury.)

DOTLE V. WEAOO.-1111110U8 ACCIDENT.
The plaintiff In this owes was a young man who had just
come of age, and be sued to recover damages for a very
serious accident which happened to him in the year 1841.
kir. Serjeent Thomas and Mr. Leiden appeared for the li
plaintiff; and Mr. Berjenat Parry for the defendant.
On the occasion of the sodden the plaintiff was standing
near the Fonr Swann Hishopogatoeneet, and at the same
time the Walthamstow coach Cann out of the Green Dragon
yard, and went towards him. From some rause or other the
arm of the axle broke, the wheel came of, and the body of
the coach itself fall an the plaintiff, and so injured his leg
that, alter moth suffering, the limb had withered, and
the plaintiff was a cripple for life. His parents were very
poor, and the defendant bad for some time given them smell
soma to unit than. He was now sought to be made liable,
upon the ground that he was, at the time of the accident,
proprietor of the meth, and that tho plaintiff had been In-
' Jared through his negligence.
Sevenl witnesses were examined, but his lordship ex-
premed his opinion that them was no aritimee of negligence
fr.tofferjeii7Thomss then said ha would call the defendant
as a wham.

Hr. wrafg, on being sworn, said that ho was now pro-
prietor of the Walthametow ouch, but at the time of the
accident be was only the driver, and not proprietor, the
emelt belonging to him father.
Hb lordship said that in addition to the absence of negli-
gees, it wee now proved that the defendant was not at the
tttr proprialor of the tmach, and it was quite plain that the
satin could sot be maintained.
The plaintiff was aorordingly nonanited.

COURT OF EXCHEOUER.—IF.B. 22.
(Sittings at Itfr Flinn—Before Mr. Baron Bramwell and
Common Juries.)
DART tItLE V. 1114NAMA/1.1..-0301111VS COMPETITION.
Mr. Skinner and J(/ Prentice were normarl for the plain.
tiff Mr. Bobbie= hod Mr. Wilkinson were for the de-
fendant.

The pLiatltT, in this action, an omnibus proprietor, brought
Me action against the defendant, sa the manager of the Ge-
neral Ouinibua Company, for the negligence of one of their
servants, whereby a hone belonging to the former had been
*wed. It sppeared from the plaintiff's case that both
anmikurre were pssidng over London-bridge, when the de-
' Sadant's driver in his desire to outstrip a " Saloon" omnibus,
endeavoured to par the plaintiff's omnibus, sad in doing so
the wheel passed over the hind toot of the hone, and so in-
jured it that, though it was driven a short distance, it had
to be removed, and was subsequently killed. The plaintiff's
driver and the conductor were examined in support of the
ease,

—The defendant, through hie counsel, attributed all the
blame to the plaintiff, and several witneasis were called who
swore that the accident was caused by the plaintiff's driver.
One witness,, who had been in Mr. Bastable's employ as
honekeeper. but who had sinoe left it, stated that the driver
was rather the worse for liquor on his leaving the yard, and
that )dr. Beatable had remarked it. Tbs witness admitted
that he wee generally known by the flattering soubriquet of
" Bluey," but denlei that it arose from his predilection for
" blue-ruin." The defendant's driver, in his cross-examina-
tion, was asked if he had not assisted in " nursing " the
omnibus—a practice which consists of sending one omnibus
immediately before and another behind another omnibus, so
as to prevent ita taking up passengers.
Mr. Baron Bramwell said the witness was not bound to
'newer the question, for the admission would reader him
liable to en indictment for conspiracy. That was his de-
liberate opinion, end he should like to ass any person who was
guilty of the practice indicted.
The evidence being concluded, and the learned counsel
having addressed theory,
The hissed judge La lt to the jury to say whether they
were satisfied that tbs accident bad arisen exclusively
through the negligees ti the defendant's driver, for if the
plaintiff did not prove that, he was not entitled to their
verdict. His lordship than adverted to the evidence, sup-
ported for the plaintiff by two men in his employ, and for
the defendant by several independent witnesses, including
some of the servants of the " Saloon Company," who might
not be expeeted to be favourable to their rivals the " General
Omnibus Company."
The jury, after some deliberation, returned a verdict for the
defendant.

ewes in which he should think of allowing the expense. of
the prosecution.
James Moreton, 30, veteran, was chased with the man-
slaughter of Christopher Wright.
Mr. Corner conducted the prosecution.
This was one of the cases referred to by the learned Re-
corder in his charge to the grand jury. It appeared that the
prisoner and the deceased were inmates of St. Olave's
Union Workhouse and that on the 6th of Fehrtuu7, the
prisoner was teasing the deceased by calling him a York-
abireman, a term which it appeared fur some roma or other,
wee very offeneive to him, and the Litter at length struck the pri-
soner in the face with his open hand. The parties then sepa-
rated, but soon afterwards the prisoner recommenced tor-
menting the deceased, who struck him a somewhat revere
I blow with his fist, and this led to a fight between them, and
they both fell to the ground, the deceased being undermost.
After this they shook hands and went to their supper, and in
the course of the meal the deceased, who, it appeared, wee
previously partially paralysed, fell from his seat in a fit, and
remained in an insensible condition for three or four days,
when he died, apparently from the injuries he received upon
the head in the fall during his fight with the prisoner.
The jury, after a short deliberation, returned a verdict of
Not Guilty.
Mr. F. H. Lewis applied to the court to postpone the trial
of Mr. Edward Auclimuty Glover for misdemeanour in hay-
ing made a false declarauon as to his qoalification to sit as I
a member of the House of Commons. He made the applica-
tion upon the affidavit of surgeon named Neal, who bad been
in attendance upon the defendant, which was handed to the
officer of the court to be read.

It was to the effect that in November 1856, Mr. Glover
had injured his leg by falling from his horse, and that ery-
sipelas at that time came on, and that he had ever .inc. been
liable to suffer occasionally from the injury he received. The
afßdavit of Mr. Neel went on to state that he had been in
attendance upon Mr. Glover for the lut nine weeks, and that
he was at this moment suffering from erysipelas, and he be-
lieved that It would endanger his life if he surrendered and
took his trial at the present session.
Mr. Bodkin expressed a wish to put a few questions to
Mr. Neal, and that gentleman was sworn ; and in answer to
the learned counsel he stated positively that Mr. Glover was
at that moment in a dangerous state, and that his life would
be in jeopardy if he were tried at this session.
The Recorder inquired of Mr. Bodkin whether he was in a
condition to oppose the application for • postponement of the
trial after hearing the ground upon which it was made ?
Mr. Bodkin replied that however diesgrusble end incon-
venient it might be to have the case postponed in this way
from session to session, still he did not us how he could
oppose the application under the circumstances, He added
that the trial had already been postponed twice upon the
application of the defendant.
It was then arranged that the cue should be placed on
the judge's list in the Wednesday of the April session.

NEW COURT.—FIB. 22.
(Mae the Common Serpent.)
Harry 'Puha 16 labourer a reepectably dressed lad,
was indicted for aboolfn6 at Beale Frederick French, with
latest.

Mr. Sleigh and Mr. L. H. Bayley prosecuted.
The evidenoe, which was vets" brief, proved the following
somewhat remarkable case. The prosecutor is a solicitor,
having offices in the City, and residing in the Amherst-reed:
Hackney, and upon the evening of the 2nd of this month, as
he was returning home, and near to his own house, he saw
the prisoner, about a hundred yards distant, coming towards
him. The lamps were alight, and now being upon the
ground, prisoner had every opportunity of seeing the prose-
cutor, and upon coming abreast with him, he (the prisoner)
pointed a pistol at his face and discharged it. The pronsontor,
finding himself wounded, raised an alarm, and the prisoner,
who ran off the moment after firing, was taken some
short distance from the spot with a recently discharged pistol
in hie possession. Upon being taken to the station-house,
powder, shot and caps were found upon him, and the only
account which he gave of the outrage was, that he had had
a quarrel with his mother, and bad been trying a pistol.
Upon a medical gentleman examining the prosecutor, it was
found that 17 shots had struck his cheek, and some had gone
=h into his mouth, and one shot, size No. 4, being
against his teeth. The wounds, although very severs,
were fortunately not oedema.
The prisoner, who was undefended, did not attempt to give
the court any explanation.
The jury found him Guilty.
Three witness came up and spoke of the prisoner being a
very well dispositioned lad, although rather eccentric and un-
settled in his habits. lie yes also very fond of fire-arms.
The prieoner's mother also said he was of a kind disposi-
tion. She could not in any way account for the commission
of the offence he had committed. She had not seen him
since the morning of the day in question, and then they had
some words, she having sold some fire-arms and things
belonging to him because be refused to stay in his employ-
ment.

The Common fierjeant, in pawing sentence, pointed out to
the prisoner the narrow escape he had had of being tried for
his life, and said on account of his youth he should pus •
milder judgment than he otherwise should have done.
His lnrdship then directed that he should be imprinonad
and kept to hard labour for two years.