The Express.
London, England, 1859-04-21 00:00:00

COURT OF EXCHEQUER.—Aran. 20.

Sittings in Banco.—(Brian the Lord Chief Baron, and
Barons Martin, Bramwell, and Channell.)
TRIG OENEEAL ELICTION AND MI BAR.

The Attorney-General now applied to their lordship, with
the cement of counsel on the other side, that several cases in
which he was engaged should be allowed to stand over until
next term, on the ground that fur the neat few weeks counsel
would be necessarily ablest.
The Lord Chief Baron—lt is not an usual circumstance
that • general election should take place at this period of the
year. It generally occurs In the long vacatioo, and I am
cute the court would &site to give every facility to persons

tepid to their elections. -
_ -
Mr. Baron Martin—But surely the elections will all he over
before the sod of term.
The Attorney-Oeteral—Yee, my lord, but that would
only leers us two or three clays.
Mr. Baron Merttn—The end of term le the 12th of

May.
the Attorney-Othorel—l em afraid many of no will be en-
pled up to the 9th or 10th.
Mr. Baron Martin—That may he he Ireland, but not in
England.
The Attorney-General—Oh, yen. It is a long time ohms
your lordship inter 'Med your pelt in eke ion matters. (Laugh-
ter.) There is firm the proolamation, then the nomination,
awl then the polling.
The Lord Chief Bann—And then the long speeches.
(Laughter.)
Mr. Beton Marlin—And then there iea flight. (Renewed
Metter.)
The Attorney-General having mentioned the three crown
eases which he dee•it ed to stand over,
The Lord Chief baron raid—We this morning gave judg-
ment for the erovrn in the "Queen v. Barry," and however
you may regret the mutt men advocate for the deft ndant
you will no doubt rejoice as Attorney-eitneral. (Laughter.)
The Attorney-General—Having been engaged in two
capacities I may lI4W my I am la • state of happy in-
difference (Greet laughter.)
The application was then gran'ed.
StiLLETT O. Till WHITZHAARN . JVITCTIOS RAILWAY

COMP•NT.-ACCIDENT.

Mr. Edwin Jantestwo-ved is this sea, which had been
tried before Mr. Justice Bytes at the maims for Cumb-rland.
for a new trial. The action had been brought us& rli rd
Campbells Act by the widow of the pialwiff to sawyer
damages for his death. Ihe &ceased was travelliag on the
dadradante railway in May legit to Carli•le, when us enteric;
the Marypoet station at the jai:cites with the Maryport and
Carlisle lt.ilway, a very slight cullieion occurred which re-
galed in this death of the deemed, who, however, wee
labouring under a softening of the brain. It Wal asogested
by the learned judge that tas oulltelou alight have hastened
death, end the jwy retarned a veeditit for 2001.
The court patted a rule &hi.
BLACK V. ILLIOT.-WHOLERALI DESTRUCTION Or lIKEIP.
" " • •

Mr. Atherton moved in this one, which had been Wed
bikes Nr. Ju.ttce Willer, at Northumberlend, to enter the
verdict for the defendant, or for a now Wel. The plaintiff had
ratcheted from the defendant, wholes. a cientiat, 16 packets
of ibex, dippiag, each packet beteg road, nt for 60 sheer.
Of these 14 packets had been wet ten 860 ...leer, 600 of
which died to a few days afterward., end on a rye n.ortem
exantizatton of oete of the ealtnale, the presence of arsenic
less detected la tb battatioes. He ante moved on the
ground thst the preponderaue of evidence went to show that
there lad been we breath of contract by season of the
composition not being reescottbis end fit for tie purpose to
which It was applied. For the &indent it had been shown
that ibe oonepoetios had been applied to 119,000 sheep, not
MO at which ha 1. 'Wale the deleadant's knowledge, died ;
and It bad Lean ocetanded that in owlet:quint* of undue
celerity the mixture bad not been bufneitotty earrenied from
tke Meow and had accotdiagly got os the gram which had

bola mopped the IMO Tof
I,bslST bed named a matt
for ths • with damns 4001.
Theisen esstol a rule to show sm.
OnittleAre e. irintse—attiols wan straisomairint.
Mr. Heeey Jams cored to enter the verdict for the pieta •
tiff putri to have reerved. The 'Son, which was tried
beim Mr. Meths BeswA wee ;malicious prosecution
as! Yee
witli sad the jury bad found
the of 101,, but the
Wait Nage bid the verdict to be enterei for the
deitedest, es the sound that there was no midemes to go
to the bey. The (distant had gone to Money's, a sporting
howls Is Cranbowthealley, sad having got intoxicated, was
!ebbs; of his watt& The mat day he went to the home
and usgessed his wiles. to give 71.10 e. on the restoration
of the math. The plekliff wee a 'wog women is the bar,
sad di watch ha boa Imeght le bar, she took it into the
edeer to the
leelst fisr s policies's, by
whom she was takes lege mid* dm The-at:est station.
She was brought=iliterialmilli tail was admitted
to ban, sad the 1111 luairs the read
jury, which bad bass tentes oat
Mr, Baron ThemorilL-1 thoweit ern we. se edemas
to go to the jury. Tim meet gst easidom premeellea was
abeedemot. •
Xr. Mary James—Tour isr p wen pedals min
Mr. Book Bramwell—lndesd I won't. I was tbere, eel
you were not. (Laughter.) It appeared to me that the sir
ilsdant did not order or regard the policeman to twee <be
*Stiff into custody.
Mr. H. James submitted that, as the defendant signed the
charge sheet, that wan • ratification of the sot of the polite-
man. He cited • ems whisk bad beta banded to kis by
one of his learned blends.
Mr. Hawkine—That as we overruled.
Mr. H. Jason—Why, it ins pointed out by lb. Emeldes
Mama (laughter.)
Mr. Baron Bramwell—Add Mr. Hawkins was comed awl
the defendant. (Beeeind laughter.)
The Lord Chid Bens—Let this sieve It I genieallrellr
tog not to accept gthe foes an Mosul. InemSeaverrhig
to restore you, Mr. I to the odd as width you
stood before you obtained the mistime of Mr. Hawkins—
(great laughter)-1 my you me sot entitled to a rule. It is
quite mutinied in such is... that the proof of male fides will
afford snide redeem to parties unlawfully immlootied ; but it
would be a oily hard east if a pins who gave mother into
cusudy under the belief be was acting honestly should be
liable kr the
The other =jusaurel eciscontd.
•
Ade resod stacedtagly.
TIMPANT IP. smrstrxtr...—itantrsitmlon 07 • WV&
The wee as atom by the *Milt to mom the
smart the bleed mid et tbedebadiste wili, sad
at the Idelat, elle leek plum et the *gap after lest term
at Welmier beim Mr. Bans Mamma, the jury land
tar the dafreisat.
Mrs. II 11l sew appea edfa poses lemeawbr a new
trial, sad Wise that Mr. fferjest Party wee ludrocted to
make the seethe Om bee yessedity., teesenenos of
the remarks of the judge on the question of her unity, she
was deprhyd of themes of Ihthg.
The lard Chid Beres—We skald give you every
ledsigeno3, but yesterday was the bet day, and the role is
inflexible.
Mr. Boron Channeß—The fee is that before the see bad
concluded the jury expeseid a drag opinion against yen,
but you coveted skied to Mimi than, end after a very
able speech the jury fond a media for the elatiodaut
Mrs. Hakewill—fly lord, beet the commencement you
were adverse to my intends, sod sprees& a strong opinion
of my insanity.
Mr. Bars Chamtell—That is • shilake.
The Lord Chief Barou—Sre you the plaintiff ?.
ILthmeill—l am his lodger. I am in a 'zone
position than the plaintiff. My Miseeste are fa greeter than
Olt
The Lord Chief Beres—Witatever might be our disp tee
tioa to give you Oddness, there me two objections which
cannot be got over without lattedming a Laity of practice
which would he roost mischavose. In the first plachesaout
are sot a lett j tows ,and have so right to be
say time. We dons sit hereto graat new Olds beams •
wtimemisay be
_dissatisfied with the verdict. Ton have no
Wayto he heard, and even If you bed • right, it spired m-
ire want intredisos we rule for • stranger and
isilb;ir it the bar.
Ilirdarrill than stated she would petition the Qom,
awl

COURT OF PROBATE AND DIVORCE.
lain 20.
(Before the he* Ordtaaz7.)

•
IN nil 00008 OW CAPTAIN W. L. HALLIDAY.
The deoesred, a captain in the fah Bonen lullaby,
printed with be wile and chin iz the ENOSIM• at Cawn-
po the 27th of J zeme, 1867. On the applkstica of Dr.
The nest mated letters of edninietration he the brother
of the decreed.

nt TB GOODB 07 MAJOR W. 31._ PRODT.

This was a similar ewe, Major and Kra. Prost having
both bean killed at Caw
Sir C. Creswell granted adminiatration to a brother of the
deceased.

. PYIGIS V. OREM( (111 r HIS OIJAZDt.

Sir C. Cornwell delivered his judgment in this sus,
which was fully reported last week. The testator was
Captain William No.t, late of the 83rd Regiment, and the
will in dispute divided his property between the plaistif
who nu his stepfather, and a Miss Tibiley to wham he had
been engaged. The defendant was his nephew and <sly
nut of kin. It wee admitted that the deceased had been
undoubtedly insane a shod time before, and after the
execution of the will. It was contended, however, that
the mond attack wee not a continuance of the forme; one,
' but we. a new °ea; and that the will had been in reality
made in a perfectly lucid interval. The second attack, it
will be remembered, COMUIf nred with g107M7 apprehensions
that be had perilled hie salvation by tmworthily receiving the
sacrament, at Lump. The leained judge, baying carefully
gone through the evidence, expreend his opinion that the
deceased WY undoubtedly insane at the date at which the
butrument bad been executed, and refused probate.
Dr. Deane, Q.C., asked for the costs of the plaintiff out of
the estate.
Sir C. Cromwell could by no mesa order the pbtintiff to
pay the coots on the other side; but it would be going too far
to accede to the application.

INSOLVENT DEBTORS COURT.—Aran. 20.
(Berme Mr. Commissioar Morpky.)
IN RI 010. nuArr.

Thie was an application for Mil. Oa Tuesday Mr.
Dowse applied that the mirror might take the recogniance
of one of the bail at his house, as Its was too ill to attend,
upon which Mr. Commissioner Menlo suggested that an-
other bail ebould be procured, sad be would allow abort
notice. He would sit exprnaly to-day to take the bail. The
insolvent's friends exerted themselves, with his attorney in
the court, Mr. Holt, of Quality-wart, and another bail wee
obtained, the Chief Commimienerhavingdecided that a teee.
tear could not take the reomerdeence out of court.
Mr. Commissioner Murphy attended and took the bail, by
which be saved the insolvent ten days' imprisonment.
The insolvent exprorszd his graiitude to the learned com-
missioner for his kindness.
The court rote for the holidays till next week.