The Express.
London, England, 1850-02-21 00:00:00

THE EXPRESS, THURSDAY EVENING, FEBRUARY 21, 1850.

NAVAL.
ADMIIULTT. Fl 3. 20.—APPOIKIII1X111 —o Ztaynx—
Assi•tint Eseasers : 11. Busby, H. M. LTB
, and
A. Thug.
Fatima Scaaw Satre.—The Frew& severamest has
estered the boo of-battle ship l'lltm, 100 pas, sow build-
ing at Bostiolort, to be lined with moo propellsr, with
oiMal SOO hone-pswer. Freselt have moths: ship
agasi, mimed Le Viegt.qttastes Frain new fitting
whit a mew sad seems of IGO heses-power.—Nowt'oei
Stestderd.

the islistasets were ler one sad the sun eases. The
he the defeedsele, is hie stlidenit, elated that the
prase Ai sp were takes solely to horse the delesdants, and
if meals to rule the with *spouses. The ismer
they had thawed had bees eery yeas, sod he would ask the
soot whether It woad risotto the moveless of the re-
esester, *se MOM Stowell, an tattooer, whom enly object
is takho theta was te boars esti es bearer and
gamy the FOWL This sea lei W the impatiens to
swear before sae of the jadiss ef the lesd, that he disk sot
hare a fair trial la ski swat, mad that aull ether
&Wisdoms gee SU awl them* he
(Mr. Perry) dad set =Mt, fee he k week
be ispele Ma metals any sr elUer of the folisissesk he
did hope the wart would coder the Wel Cl these hakelessmte
to be pospossi. At may rate, should the ink op salleiset
remises kr skewing dams le be Med is the atrial emu,
le egresbeadel theS lo age ef esovisdem, widthM might
say we amuse ad ed Ike gaieties, ik evert weald defer
Mtlimikatisd Ind
,the ease is the Court of Ques's
The kaki hap seig this weedy via b• doss,
Mr. Petry petit, is sees ef sesdellis.
Mr. Perry ties urged Ikea se homelsid Mink would arise
from the trial, rlake es the Wan boa, as the &kakis%
of whoa the wen lire or sk Will tad it seserary to
sever is their delasees, oradderehle =peek weak he es-
tailed eisolkse, sod evekeelly the dekko of the Clout
of fissaa's leash Weld reader the Idol Awe usssessery.
the karak asoessi them sailed tbe Mistime of the mut to
the Imial.lbsee bake se aid gm ft thou gassentiem by
the isheidlesis or the preaki saw mud essebaded
by esesaistieg with great weds, ipso the diameter of the
pressidar
The kook audio wished Se ham whether there woe not
an salmi& swam is wide the preseeeter swore there were
grate menus of kw involved epos whisk it wee desirable to
*buds the &skies of the Wiled arkikal tribunal in the
land. . .

Stowell said be had sworn as see ailiavit.
Mr. Parry said that this assertion wee untrue. Thee was
welt en affidavit ; it wee that apes whisk Stowell obtained
the certiorari to reason from this wort, sad was now ea the
files of the Queen's Beath office.
Stowell said there wee such an affidavit, certainly, but it
was not in this oars. It was in the ease of the parties who
wan osavieted at the Central Criminal Court last year, and
bound by resagnissimes to shut up their homes, end soma of
them were now nowerned in these Argyllfroones.
Mr. Parry would undertake to furnish the court with the
affidavit a very short tine, if the wart would allsw kim
to renew the spOintion. If Stowell had anything to say
in Wenn* to the defendants, he hoped the court would
direct that it should be by affidavit.** that the defendants
might be einabled to presents him for perjury, should he
state saytkiare that was false.
The wart then Bused two o'clock for a renewal of the
applieatioa, and at that hour
Mr. Parry handed in the affidavit the court had asked for,
and remarked that as his learned friend Mr. Clarkson was
now in wart representing the prosecutor, it might be ne-
cessary for bias to repeat the grounds upon which he had
made the application.
The learned J2dge, having perused the affidavit, said he
found that this man Stowell had bad the audacity to swear
that he had declared that he did not consider the defendants
to have done any wrong. lie had never uttered anything of
the kind.
Mr. Parry said he had not only sworn that, bat that there
would not he a fair trial in this court, as well as that the de.
anion of a higher court was necessary tepee certain points of
law. Stowell had. the court would recollect, amend in
the former part of the day that there was sonde affidavit.
Stewell—What business have you, Mr. Parry, to insult
use or Noy nurse ? You have no right to do so, and if you
do I she& answer you. lam as good as you any day.
Mr. Pany trusted the court woad protect the members of
the bar front the insulting observations of seek a man as
this Stowell. Re was properly discharging his duty as a
professional gentleman, and he hoped the court would take
care that he was not insulted.
Stowell—You have no right to insult we la the way you
have done, even it you do go to the Argyll rooms. Who are
you, I should like to know ?
The learned Judge told Stowell that he should order him
out of court, unless he was quiet, and refrained from making
observations to the learned counsel.
Mr. Parry then repeated his application, and contended
that, whatever legal wrong the defendants had done by
keeping this establiahannt, they had done no moral wrong
that the legislature ought to interpose and protect free sub-
jects from the penecutione of common informers, especially
in such weaken as thus, and that nothing could be more
fair, reaocuable, and proper than the application he made on
their behalf.

Mr. Clarkson opposed the application. He said the
simple question wee, did his lordship think this establishment
was a place which ought to be kept open until the period
when a minutest tribunal had decided one way or the
other ? He said the object ef the present application wee
that the defendants might keep the place open until after the
decision of a higher court had been obtained, and the object
of the prosecutor in opposing it was that, if the pasties were
tried in the ordinary course, and convicted, the place might
be shut up until that decision were given.
The learned judge said the indictments before the court
embraced the whole of the features of the one in the Court
of Queen's Bench, and if the defendants were tried and
convicted in this court, and the Court of Queen's Bench
afterwards decided that the law wee not applicable to their
cue, the defendants would then have been most
improperly convicted. On the other bend, they might,
it tried, be acquitted, end then, it the Court of Queues
Bench held that the law did apply, they would have been
improperly acquitted. He considered the question one of
much importance, and one upon which the decision of the
the highest tribunal wee necessary. If the parties chose,
they could remove the indictment to the Central Criminal
Court, and such a course would be attended with very little
delay. It wee known that he entertained some strong opi-
nions as to the applicability of the law under which these
proceedings were takea to the present state of society ; but,
though hie private opinions would not operate upon him in
telling a jury what the law actually was, that might be an
additional reason why the case should be removed to another
tribunal. He had from the first considered that this case
night to be tried by the highest tribunal in the land, and he
should therefore order the trial of the indictment in this
court to be postponed until further application.