The Express.
London, England, 1850-06-04 00:00:00

SPORTING.

TATTERSALLS.-MONDAY.
Okeekisit bake.** sad settbag swan ieeouots occupied so
mash 01 tie 'tearoom test little attendee wee paid to latan
--..--over quotations therefore will be brief.
WE ASCOT STAKES.

3 5
to Ito I and talurodtklusoad'eVamp ire
say other
THE EMPEROR'S PLATE.
Eves mem kid Worm Cameos aad the Plying Datehmaa.
DEM, 1631.
13 to 1 opt Lard Stealers Irons
33 to 1 Lord Zgliwat'semeas
40 to 1 Mr. Wialterbelia's Ettgland'a Okey
1000 to 20 Lard lbarth'sTrumalon (t)
1000 to 10 Copt. thrsoures &other to Mien's!. (0
7110 to M Tas Myles Dosehmaa Mosher The Emperor's Plate.
sad Voltgesr the ttt. Leger (1)

Saba *nttlitattut.
COURT OF QUEEN'S BENCH.—TinzaDAY.

linvows IN Emma.
ass woilin .. Ten MAnOmnsTaa, Ssorrimar, AND
lalOOLOMillill RAILWAY COILPANT.
A rule Mai bed Wee Oakum' I. this seas Whop upon the
Attendants te shift auto why • madam should 144 *My
ammonites ama to Wee their wansaf' to the sherd of
the meaty d Chester, disamibur bin to stoma a jut, to
loose the value of one hod tam by the onpany far the
mmetrueties a • brute lino, mad of whisk ea. Joan
Fielding held a snotipirod be of 99 yes...
Is now diaries awe safest the rule, Sir F. Theirs
enema that the role bad been obtained apes a
safaris wales that la 1846, the einpasy sae be-
lies to as Jaz Salta, the Imo a the Irma of
im insane to apply to paritement ~...
.trap a railway, and that, es the en
it had proceeded to take the lead le quad's t seen., 1
which land had afterwards bees lodges& lo the said Janes
Fielding. Bevies taken anemia slgt, the many pro- '
seeded to make mantles' en no holy Sal es Bey the faun-
dada for a Medea At the e'en d lbs paw 1/19 the aft-
pay sbandosed the lead, having previously marred it'.
Its original mate ; but is Jely lam the promeeter, Janos
Fielding, gave sake to the aeopeay to hoe its warrant
foe the aftearamont of the aloe a no bask tionsamsis=
nee of ohne], to applyto thlmmisn aandanum.
were the feet. diWouri. to width be (Ilk P. naive)
would add, that after Bello hod takes the MOW the lead,
the mieramy had paraimod the rovereles thereof.
and likewise the land edjoising thereto. He would
aka state that, when the worpore east entered
ulna the premeutoare Mad. he we set aware that it did not'
to thiteemposy. Fes the tropes tam comeoltkod
an had bee. brook* whisk, however had been
t arbitrable. The present applies:kis wee made
re-
ender the 68th motion of the Lade Clause Consolidation
Am, whisk seethe, however, applied to too In which land
led bees takes without previous ado, sod at to con in
which, like the prom, it wee eosin to reamer damns for
a trespass. If the employ refused to hoe ite warrant
whom required, the gamentor woad be entitled to bring as
action for the fell anguat of anyeamatiou claimed, and the
claimant hang thsa ossiber remedy, the soot should not
interfere ie his bob& by meadow
Mr. Martin wee hard a umpart el the rule, oateadiag
that it came within the 16A suillea of the Rada, Claems
Camolidation Aet.

Lord Campbell observed thalt lira only wales before
the moan was, whether Me 101011111M1 meld b supported
or set ? It was Meenabest em the shames% to bring himself
withla the 68th seethe of the Lends Clauses Coasolidatiost
Aet, sad to gp» seam of the amount of tosapomatioe
claimed by hoe. This he had net dons, bet, even bad he
dose so, a great diacelty won/letill mania behind. It was
sot meal fir the alert to grist a amodamas when the
party applying for it had another remedy, and hem it sp•
peered that ii the company did set hese a warrant, he could,
seder the 68th *emits, recover by action the full Impost of
oompensatioa claimed.
TIH other judges concerred, and the rule was discharged
with soma.

COURT OF COMMON PLEAEL—YasTgaDAY.
Sernsos a BANClo.—Baron loan Corm James Wiwi, Ma.
Josmei Mans, Ms. Jonma CILUSWILL. ass Ma. Jimmy
2411.10 MD.
WILIONT v. WILOOI.—FALeI
This was an action for false imprisonment, which had
bean brought by a eempstress against a ginger-beer manu-
facturer and general dealer. At the trial it appeared that
the plaintiff, Lluisa Wright, and her three sisters, resided
at Bethnal•green, and the defendant, who lived in the
saes locality, rented a stable of the plaintiff's fath.r, in
which he kept two horses. The defendant found that his
horses, instead of imprnvieg in condition, rot gradually
Ultima, and haviag reseived Informatics [roil' which he was
led to bell Is that the plaintiff and her meters had stolen the
chaff with which the homes were fed, he gee. her and her
three Motets into custody upon a charge of stealing the chaff.
The plaintiff and her sisters were taken before the magistrate
at the Worship-meet police court, who at ones discharged
the plaintiff and two of her sisters, and remanded the other
sister, Jane Wright, who, bosomy, was subsequently dis-
charged. Several witnesses were celled on behalf of the
plaintiff, to prove that her father had chaff of his own with
which he fed hi. hone.

On behalf of defendant endue* was produced to show that
one of the sisters of plaintiff, whose name we. Jane Wright,
had been seen coming from the defendant's stable late at
night with her apron full of something, and one witness
stated that some of the linseed which the defendant had put
into the chaff had fallen on the sleeve of his cos:. A witness
named Underwood, stated that after the plaintiff and two
of her sisters had been arrested, the other sister, Sophia
Wright, had been discovered by him and the defendant's
housekeeper, secreted in her bedroom, and had gone down
upon her knees brgaing ft:minimise for herself, and charging
her sister Jane with the felony. Sophia Wright, on the
trial, was recalled, and positively denied this statement, and
Jane Wright swore that she had taken any chaff out
of the defendant's stable. The case was tried at the sittings
at Nisi Niue in Middlesex, after last Easter term, before
Chief Justice Wilde, when a verdict was found for the plain-
tiff, &magas M.
In the course of the present term Mr. Curie °Maimed a
rule nisi for a new trial on two grounds : first, that the vet.
diet was against the evidence ; and secondly, that the Chief
Justice had improperly admitted the evidence of the plain-
tiff's father, who had been stalled as a witness in reply to
prove that be had purchased linseed, the defendant having
endeevoured to Identify the chaff found in a loft belonging to
the prisoner's father by showing that it was mixed with
linseed.

.....
Mr. James, Q.C., sad Mr. Hawkins now showed cause
against the rule, and Mr. Conic and Mr. Prentice sup-
ported it.
The court, in giving judgment, sail there wee no ground
for saying that the verdict was against the evidence, because
the defendant had only brie/Ist evidence to show that Jane
Wright had brew seen leaving his stable with her apron full
of what was supposed to be his chaff, but there wee r o proof
'hat the plaintiff LAdsa Wright had ever been seen leaving
his stable with anything in her pomession. With respect to
reception of the evidence In reply, the enact thought that
that was a matter entirely within the discretion of the
learned judge who tried the emits. The e'en. were of
opinion that the rule fora new trial most be diseharget
Bale discharged accordingly.

COURT OF EXCHEQUER—YESTERDAY.
Sirrisos re Basra
The wort to, k the special pow to &By, but the following
was the only ease of any enteral interest. _ _

an!
r. YULNG .-ILLISOLL MEMILTILICS.

This was an action of trespass brought by the keeper of
a beer-shop at Bedford to recover demuree s from the &fond-
ant for scuba and carrying away certain mugs, the plain-
tiff's properly. The CIMP was tried before Chief J sluice
Wilde at the last acts •-• of Bedfordshire, when • verdict was
entered for the plaintiff with 40s. damages, subject to the
opinion of this court upon the present special case.
It appeared that the defendant, who was inspector
of weight. and measures, visited the plaintiff's shop to
cumin. his measures under the provisions of the bth and
oth Will. IV., c. 63, and to ascertain whether they were
correct. The pewter measures were found to be of sue.
cleat capacity ; but there were also earthenware mugs of
truisms siz a used as measures, and those having been
found deficient in silt-, were milled by the defendant, and
carried away. hence the present action.
Mr. O'Malley, Q.C., now appeared, on behalf of the
plaintiff, and contended that the act of parliament autho-
rised inspector., of weights and measures to examine only
such measures as were stamped, and that no offence had
been committed by the plaintiff by using the mugs in slues
tion. They were not stamped, and therefore were not
within the meaning of the Vith section of the statute,
which enacted that only "measures" properly so called, could
he seized by inspectors. Then it appeared by the 21st section
that to constitute a violation of the act the examination
should be made at the instance of a customer after the beer
seller had falsely represented that the ittistampid vessels used
contained the full quantity called for. In this ease there was
so such examination by the customer. The mugs were an
stamped, and used indifferently with the pewter measure',
which were found to be accurate, and the defendant was not
justified in seizing them.
Mr. Turr and Mr. Worlledge appeared en behalf of the
defendant. Although the mugs were not stamped, they
were used al meaeures, and as they were not capable of
containing the quantity represented, they were liable to
mime. When unstemped measures were used the act re-
quired thetas beenellsr or publican should keep a standard
ensure, so that the unaamped vowels might be tested
whenever a customer thought fit to do so. The maga in
this cue were used as measures, and u they were not of
sufileient capacity the defendant was justriled in seizing
them, and the plaintiff ought to be nousuited.
The Court were unanimously of opinion that the defen-
dant was juitifi d in seizing the vessels, and that the ver
diet ouvbt to be set aside. It distinctly appeared that the
plaiatiff used them •as measures of legal capacity. His wife
had produced them as sub, and told the 4• fendant that they
were se used indiscriminately with the pewter measures.
• The two sections referred to were perfectly reconcileable by
construing the word measures" to mean all vessels ordina-
rily used u such, whether stamped or net. The defendant
was, therefore, Justified, and the plaintiff should be non-
suited.—Judgment for the itokoolast osoordingly.

MIDDLESEX SESSIONS.—YarrairIAY.
BEFORE MA. aalweu.r ADANA, AND A Baum Of elsorers.vas.
Johan e. A Conviction or P. Utwonast, Mau.
This was an appeal by James ✓ones, described as a coal
merchant, fielding at No. 2, Pembroke-terrace, Caledonian-
road, against a conviction by Mr. Bingham, the voiles magic•
trate, under which he was lined 101., for having unlawfully
acted as door-keeper, at • common gamiag•honse, No. 14,
Jermyn street, St. Jamie's.
In opening the case on behalf of the respondent, Mr. Bod-
kin sad there would not, he thought, be •,.y doubt what-
ever that the appellant bud acted as the door.keeper of the
house in question; the ease would entirely depend upon the
issue whether the evidence upon which the conviction was
ttundedjustifird the inference that the house WY one used ter
the purposes of gaming. That evidence was, that about half
pas one o'clock on one morning of Sunday, the 31st of
Mareh last, Superintendent B•resford, se ,nr upon the
written authority of tier Majesty's Commissioners of Police,
proceeded with a hely of constahlee to the boom, No 14.
J. rmya.etrset, for the purpose of eateries it as • common
gaming-honer. Mr. Bers•tord knocked at the door, which
wits opened by the appellant Jones, who, by Mr. &see
ford's order, was at once taken Into c.istody, sal the GM
oars got into the psalms. Their further progress wss
impeded by an inner 11110 r, in winch was a wicket, the
object of which was to enable a paean s'atiqued behind
It to ascertain who the persons who presented them-
selves for admission were before t►e door was opened.

dessaadisi the opealag of this doer, awl resole-
lag ae answer, the superintendent directed It to
be famed open, bet so et
wee hems;rioa withia,
that Kr' seised all the offsets et the ssad, atter me se
eight or ton minutes hod elapsed. IMO OM at the inside in-
formed them that, If they daa* Ake door would be
°peed. Accordingly it was °posed, whoa the °Seers pro-
ceeded to tamales the rooms, arresting all the penes' foaed
is thus. I. • roses oa the lest dam they bead five or eta
ladlviduals elletlag at • table, se if soseladiag yapper ; viands.
I bottles, sad glares helm before them. Oa a mastelwhelf
le that same nom they found a quantity of pieties of
card, which had *Meetly bee used for maws,
sad a rake which had beem used to collect dice.
Is the firepless were whet apparently of cards with& had
beat throne into the grate and burnt. There were appear-
ensile which induced the officers to believe that dies and
dawboges had bee; conveyed away by mesas of the water-1
slow, and there was a long table with a covering so prepared
I as to effectually deaden the sound of dies-bone.aad the rattle
of the dim, and 110 °outlived as to be converted without dill-
salty late rows?' et noir tcble. The whole of the doors in
the upper pert of the house 111000 barricaded in the most
mislaid* manner, so a Soar vent Mims by the roof, and
re though the +a no seta play seen, the liaise had every
appearance of a regular London hell. The poetise were ail
apprehended and convicted (with the exoeptioa of three),
sad sentenced tom fines of 61. each, the present appellant
as dawalemPar being fined 101., and ordered to be imprisoned
20 days, should he not pay the Sae. All the flees but this
sac were paid, and them facts the 1 d counsel thought
amply nfileient, according to the language of the statute, to
manual the confirmation of the conviction.
The Gemmel for the appellant submitted that the con vi c• iqn
was bad, inasmuch ea the magistrate had no power to ladies
meat 'a penalty and direct imprieonment in default is one lads-

The wart held that under this particular statute when the
mei/hint* adjudicated the Indiction of the floe his power
wu exhausted, end that *hen he made the sewed adjudisa-
don el imprisonment the conviction became bed altogether.
Cotyledon quubwi.

"{SALM e, • CONTRITION OP P. BINGHAM, ESQ.
This was an appeal against a conviction by the save
magistrate. The eppellent was fined 3i. for knowingly per-
mitting prostitutes to meet together in a place of public resort
kite's r the "Piccadilly Saloon," Piccadilly.
Mr. Clarkson main • Very forcible address for the ap-
pellent. He said if the court confirmed this convictiso,
Neu was not an hotel, tavern, or place where refreshment
could be obtained throughout London, which would net be
open to these proceedings ; for the conviction went the
length of saying, that if any two women went into a public
hour for refreshment, and a policeman went to the land
lord and said, •' Them are proilitutes, torn them out of
your house," however respectably they might have con-
ducted themselves whilst upon his premises, he was bound to
turn them out, or subject himself to these iof .rorations.
The court sail the statute did not mike any distinction
between disorderly and orderly prostitutes, and the question
was, did the evidence show that the appellant had sufficient
grounds for concluding that the W 023•11 frequenting hi.
saloon were prostitutes. The court thought the evidence
did show that, and the conviction must be confirmed.
Confirmed arcosellogly.

POLICR.—YrsTERDAY.

WORSHIP STRRET.

A PoLicit Titan.—Philip Morgan and AMU Roach,
alias Brown. the bitter of whom was recognised by the pol.cvs
m a returned transport, were charged with having felontowly
entered the dwelling-house of Mr. Edward Hoag, post.
master and money order office keeper, of the Hackn•y
district, with intent to plunder the premises, and also with
having violently assaulted Bliss Chapman, one of his ferns!:
"wants.

Inspector Coward, of the N division, stated that in met.
twine of information he received on the 11th ult. from a
UM, named Myers, who apprised him that he had been
solicited to take part in a concerted plan to enter and rub
the Hackney Post-office, in conjunction wbh two desperate
heusebreaken, end that it was their intention to tarry out
their design on an early Sunday evening, when it was known
that the family were usually absent, he proceeded to
the house and kept watch there on the evenings of the 12-h
ult. and two following Sundays, but nothing occurred to
confirm the information so given until Sunday last, when he
again proceeded there, with several others, and having posted
Sergeant Attwood in •coal-cellar at the end of the passage,
immediately fronting the street door, secreted himself and
Sergeant Beeman in a darkened room adjoining, the prose-
cutor, pursuant to previous arrangement, having left home
with his family. They remained so concealed till about 10
o'clock, when a knock came at the door, which was opened
by the female servant, and he heard the prisoner Morgan
inquire if her master was at home. On telling him that
he was not, he asked her to allow him to wait till be re-
turned, and she conducted him down to the kitchen, from
which he came up in about 10 minums, and called out to
the girl that he would let himself out, is he could not wait
any longer. He then onened the street door, and the
prisoner Roach, and the man Myers, who had given the in-
formation, immediately rushed in, and Morgan clneed the
door on the outside, leaving them both in the passage.
A violent struggle then ensued between the servant-girl
and one of the men, followed by a heavy fall in
the postage, and on witness and Bremen hastening out they
found Attwood engaged in a contest with Roach, whom
they overpowered and secured. R ach was then conveyed
to the station-house, where he was searched, and two pieces
of strong cord, with a running noose at the end of one of
them, together with a crowbar and a strong clasp knife,
were found in his pomeesion. The prisoner Morgan was at
the same time brought in by Clarke, another constable, who
bad been watching outside, and secured him as he was
leavMtr the premises.
Elia a Chapman, the prosecutor's servant, vire aborated the
detail given by the inspector of the circumstances which
occurred after the entraLce of the prisoner Moran until Le
admitted the two other men, and odded, that the instant he
got int the house the prisoner Roach rushed towards he.,
and grasping her tightly round the throat with his left hand,
struck her with the other several violent blows in the tam
After knocking the candlestick out of her hand he again
struck her a heavy blow, which felled her to the gr ant',
but before be had t me to renew his violence he was sits -d
by the officers, who rescued her from further It usage. She
remained, however, in a fainting condi'ion fir some time,
bleeding profusely from the face, which wan much bruised
and swollen, and she was still suffering great pain in her
throat, caused by the force with which the prisoner bad
grasped it.
Sergeant Attwood also deposed to the desperate a'tack
which had been made upon the servant-girl by the prisoner
Roach, ho, after knocking tee candlestick out of her bond,
was meting her neck with all his force, when witness rushed
out to her assistance, and, falling helplessly against him,
she dropped to the floor. The prisoner then commenced
an smack upon him, and whilst defmding himself with his
staff the inspector and Sergeant Beeman hastened to has
aid, and the prisoner was ultimately secured.
'I he prosecutor, Mr. Edward Hoge, deposed to the name
of the art imminent he had mete with the police, which had
originated in a previous communication he hod received from
the prison( re' supposed accomplice, Myers, and that, hid the
robbery etch effected, he must have sustained a severe lams.
as he was necemarily compelled to keep a large quantity of
cash end stamps upon the premises.
The prisoners declined offering any defence, and were
ordered to be remanded for the completion of the depo
sitions.