The Express.
London, England, 1850-04-16 00:00:00

CAPE OF GOOD HOPE.

We have received the South African Commercial
Aeleertseer of Feb. 20. The only news contained in
it is that on the 19th the Anti-Convict Association of
Cape Town resolved that, its work being finished, the
ordinary meetings should be disoontinued, anti left
the winding up of its secular affairs to a committee
of a few of its members.

The following semen were in Simon's Bay: H.SI.
ships Stringspatam and Center, and Neptune, with
convicts. •

•-• Mr 1.11.1.114 1..
Rev. W. B. Thcespera, to Pobbiag R., Essex; value,
8641., with nisidsees ; pains, the Crown ; void by death or
Rev. H. neap's..
Rev. W. T. P. M. Kim,: to Norton-junto-Tepees' R.,
Weeder, dio. Pet ; value, 2781., with residence ; patron,
the Lord Cheacellor.

NAVAL

• --...
MO KKKKK the Tagus oat the 1001 : Prince Regent,
Leander, Arrogant, Phaeton, Thetis, Indefatigable, Hogue
Anthnes, Terrible. Conflict. Reinanter: The Encounter;
arrived then front England in the 9th, end L isn't sailed
trop Maenad on the sane day at sunset. The Jeans WU at
Gibraltar ea the 7th.

NAVAL Pairs BALAxes.—Ysstrrday a bill in the Howls
of Cannons to washes the disposition of the naval prize
Wanes was printed. Ti.. object of Out bill is to transfir •
larp ma of money ceded the " Nasal Prize Basnro," to
Ow Consolidated Flied.

ROTAL NAVAL BErivouar kenTimoN.—Yer
today the quarterly nenual nut directed of this insti-
tattoo v ok place at the Thatobsibeuse ?awn, Bt. Janes's-
street, Lord Raddcck la the chair. The minutes of
previous Reetiap ►aeira been read, the balance-sheet for
the quarter, endue, March, 31st, 1860, was predated, from
wttien it appeared t►at the receipts mounted to
2.1631. 16e. 101., sad the expenditure to 8861. Os. 7d., lim-
bic a balms la hand of 1,4971. 16e. 3d. A discussion es-
wed Mk reference to candle proposed elterstads ea the bye.
laws ad the society, and the media, separated, with • vete
el *asks to tb sialausa.

SPORTING.

I' CRAVEN MEETING.

Csathe emits of 10 sees. with SO &Med by Os
JL dray Club ; tot 3.yr olds, Est 61b; tow, est 41b ; eve, Sat
13. b ; sist sod od, est elb ; the Lamer to bs solid to 600
tem if te. A.F. (4 fete.)
Dohs of IlsOots listalL 4 yrs. R. eat/ I
Lord tastse 11 s Ildpiuso. yes (rums I
Nr. Jo "Ws ThrboartlN 4 yrs (Baromalwitur 3
Yr. Illsoosahlisawows, 3 yes (monied Mb ow) ...(5. Sharp 4
Horirry.—e mod 7to 4 ow Retail. who ',tilted ow Tist.
Orr mg Ulf way up tie MU, sad orkatsd het by s
ma; Iltrhisertit s bad third. Heiser of the weather
natiseed it isipssitble to tire this ter.
OttrsPOrsase of 60 soya each; to silts, Sit 71b ; sad
eamilser 4)b set essesed is either Riddteswenh, Ur 2,000,
or 1 seistma D.M. (4 subs.)
II Ills
Olidese ... (Irliddign) I
nr. arbies MM OW I
Befeid.--10 two
Sow Offirioss who =ado the whets ol dr
rowan sol wee is a Basta by all itairho. Ras is 1 win.
62 see.
311.40 t, 114 ne Bab; 300, 1 ft. D.M.
Yr. Orestes'. Illiseros (rdrired) 1
Lard olurgow's k s by Day Middleton ad at Canada (K
Baths) 3
Bettisg.-11 to S es Drisitta. Mom by eight lengths.
Rue la I rim. 63 sea.

HANDICAP HWIZPSTAINS Oi 26 NMI. MA, 10 R ; kw 4 yr
olds as 4 upwards. T.Y.C. (4 gabs.)
CoL Peers tone, 4 yee. Tst Sla
Lad CUrdete• eogaelt3.6yrs, Set 4.1.2 (Ch(lZl} 2
Doke at Bedford'. Malostta, 4rre, hot Mb (Pettit S
Betties: 6to 6 eget Sagacity, mad 7to 4 apt lose. The
nee was mainly between the two tavoarites, and wee very
elceely eoatested up the earth, sad won by • seek °sly. Rao
is I saw 19 ate.
__ _

Wawa, 2951 ► ft. D.M.

Mr. Belt's Coltlagweed----.114.1011; (Malesae) 1
Capt. Lenny Stivegbow, 7st Mb (Pettit) I
Brea betting. Visa by a loogth. Roe fe 1 inta 60 we.
Itoosoicoo of 20 SOW amok sad only 6 R, if &eland, to.,
for 3-pr olds mad error& D.Y. (7 Bobo), lof whom
docland.

Mr. curve 's b e by 44. Fran* dm by Jerry, ayn, Mt 1311
(W. liarloa) -- ..- .. .
Mr. Payne's asericre,ek, eyes, Mt leik (Plateau 2
Col. Peel's Vows
("W ast 210 Poem 3
Lord riest:let Lord, 47n, Set O ( b (Pearl 4
Lord hateroan's Ocediseed, Ora 74 l2lb ....„ (Maim I
Lord Hailer's Cora, 3yrs, bet flab (T. Mann 4
Hering: 6to 4 east St. Francis eel., 4to I apt aaa,
3to 1 apt Sauey Dick, sad 6to 1 apt Cora. The favourite
took the lead, made all the running, end wen by a length,
Sauey Dick betties Vasa by a neck. Una in 1 via 63 MC.
SWISPIITA YU of 100 sous. each, hit ; for 3.yr olds not
engaged in to. Taseday's Mddletworth ; oohs, 84 711);
tithes, Set 41b. Ab. M. (4 subs.)
Mr. Combs's Necklace, tat gib (W. Cotton} 1
Sr 3.llawiefs Ilipple, 134 41b (tereplerean 2
Betting : 7to 2ou Necklace. Toe winner mad* al the
reaming and non cleverly by • length. Run in 2 min. 4
WS.

"qTRZIPST/1111 Of NO eon. escb, h R ; for 3-yr old colts,
71b. Cambridsis shire Comm. (6 subs.)
Colonel Peel's Hardtop (FLatman) I
Mr. Cradle's Tomboy (IL Cotton) 2
Lord Exeter's Nutcrocker (Norman) 3
Batting: 6t02 as Harding,. Namur-her cat out the
work until kelt way between the Duke's Stand sad borne,
where he was joined by Tomboy, and they ran tegather to
the cords. Harding, then came, got up in the last two
strides, and won by a heed, Tomboy bating Nutcracker by
a nick. Ran in 2min. 16 sees.

Bwasnr~zsa of b 0 core ;;ei; f.tr 3yr old colts, Bat 71b ;
fillies, fide 41b. allowed, &a. D.M. (7 Mb' )
Lord Ezeter's Nuribell welted over.

The weather derma' the whole of the tit owing, arid until
tits woad ram, wu very aatavourable, and the company oa
the heath the smallest we ever saw on the first day of a
Craven meeting. Proust appearances do not lead as to
anticipate a very brilli.at week.

H#NrICAP.

3 to 1 ;rir;tiir. Cirotwiskesiitesioil
6to 1 Kr. B. Groom% Wostow
6to 1 sir J. [Lawler' Yerobill
10 to 1 Copt. llervey's art:ooow
Dulcet ham arrived for the above nee.

No ettiuki; ia the D.rby betting.

NEWMARKET CRAVEN MEETING.
(Combined hook ysitardars UR)
_ WID2IIDAT.

Stmcnirriow Puri, or 6131., for 3-yr olis, 7st ; four,
Bet 71b; hee, 9.t; Ma and aged. 9a 21b. T.V.C.
MAHDIOLP SWZIPSTAIIIVI, of 20 SOTS. mots, and only 6
ft if declared by 10 o'clock the ironing before running, &c. ;
for 3yr old. and upwards. Cub ire mune.
tiwurarocu, of 10 sore each, far 3.yr olds; colts, Sat
716 ; and Cam. B.t 316. First half of Ab.M. The winner
to as sold for 2001., &e.
COLUMN &roam, ef 60 lon each, h ft; for 3.yr old colts,
84. 71b ; and Elms, Set 41b; the produce of mans covered
in 1846; lbws by untried &Whom, or oat of untried mum,
allowed 3 lbs., if both 6ibe. RM. (22 subs.) *Colonel
Aar les I by Gladiator oat of Muchmina. Colonel Anson's
f b Gladiator oat of Lollipop, Mr. Bateau's Abdallah (Me),
*Mr. B ares's Mickletnn, *Mr. Combo'. Necklace (61b.).
*Mr. Cmabe's Trueboy (Sibs), *Lord Ezeter's Cora (31b5),
*Lord Easter's C:ceta (310.), Mr. B. V. Fox'. Boma
(jibe), *Mr. Greville's Cariboo (3ibs), Mr. Greville's Esta-
tette (31b5), 664 J. Hawley's Cranberry (lb.), 'eSir J. Raw-
-1 lay's Hippia, •Mr. Mortyies Pontiff:, *Mr. Mostyn's Spike-
nard (NW), Lord Orford's I by Anted.' oat of Bettina
(Sibs), Lord Orford's Poinogranate (3.be), •Coloael Peel's
Dolly's-brae, 'Colonel roar. b e by Sir Hemel« out of Her-
sey (31b.), °Colonel Peel's Linginus, Lord Easter's c (di ad)
by Birdestcher oat of Wee Pat (311.6), Si, J. Hawley's
(dead) by Irish 13DM:staler out of Oxygen.
BWEIPITAILLS of SO son each, h ft, for ; last
hall of Ab. M. (4 subs.) *Lord Clifdon's Le Bean, 84 716 ;
Major Martys's Fernand*, 84 61b ; *Doke ot Rutland's
Oadine, B.t 61b ; *Lord John Scutt'. Albreda, 7.t 131 b.
POST MATCH 200 SOTS. each, It ft, Bst 71b. D.M. One
to the pent. —*Doke of Bedford'. St. Sophia, *Duke of Bed-
lord's Iby Equine out of Esmeralda apt *Lord Easter's
'Nutmeg, *Lord Emtees Clelia.

Eab) intelligence.

EQUITY COURTS.—Yriamper.
Evora yrs Munoz or Tor Roza&

HODOSOK V. BAIL NMI. -INJUNCTION To RIATZAIN

MALMO OF PAILS ONLY Or A RAILWAY.

Meese. Roundish Palmer and Westoby again brought be-
fore the court the motion made is this cue before the Easter
recs., to restrain the directors of the Shropshire Union
Railway and Canal Company from applying the funds of the
company arising from the 2W. shares in constructing part
only of their lines of railway authorised by an act passed in
1846, and which were respectively a Use from Stafford to
Shrewsbury, another from Newtown to Crewe, and another
somnecting Chester with Wolverhampton. The allegation
was that the company had abandoned the whole of these
nadartskings, exosptiag the line between Stafford and
Shrewsbury. It was contended that the company could not
legally apply the funds arising from the 201. shares, which
were created for the purpose of making the whole of the
three line,, in making part only.
Messrs. Turner, Speed and Willtock opposed the motion.
The Master of the Rolls expressed his opinion that the
money could not be legally applied in making part only
of ass undertaking, the construction of the whole of which
wee intend's' by parliament to be the ooadition for smutting
the compulsory gegen given to the company. There
might be case. in which it would be more eondu-
oleo to the objects which parliament had in view in au-
thorising au undertaking, and more beneficial also
to the shareholders if the court allowed some deviation la
the application of the fluids from what wan strictly legal;
cad in such a case he thoaght the court might properly re-
fuse to interfere. Bat no sack use was made out here, and
the injunction mast be granted. The injunction as granted
was te restrain' the dehadaate from making part only of
their undertaking, but it was act to restrain the payment of
debts and liabi iuee entracted before the date of the notice
of motion, or of the entreat expenses of maintaining cad
working the line.
In the course of the day the following gentlemen, having
been waisted her Majesty's sounsel, were called within
the bar : M. Proadergast, H. Bliss, C. 8. amuse, W. C.
Townsend, C. }loggias, W. C. Rowe, P. F. O'Malley, B.
Peacock, E. Jamas, and K. Macaulay, Zion.

COURT OF QUERN'S BENCH.—TES'ffIiDAT.
Tun BIIIIIOP or Barna o. GOILHAK.
Bir F. Kelly, in this ease (a heist report of which matins
in yesterday's Erpress), woad for a rata to show muse why
a prohibition should not issue, directed to Sir Herbert Jesus
Fut, the Official Priseipal of Archbishop of Canterbury, to
the Arches Court, sad to the Archbishop of Canterbury, pro-
halals( the. from further proceeding on a monition or efts-
tion directed to the Bishop of Exeter, requiring him to return
a certain pneentation of the Rev. (Imp Cornelius Gorham
to the vicarage of Brampfoed Spoke, la the aunty of Deus,
with induction and institution to the same, sad to prohibit
thus from farther proceeding to respect of that amides, or
otherwise to give effect to a certain judgment of her
Majesty in council, founded on a report of the
Judicial Committee of the Privy Council, is
a ass of Gorham to. the Bishop of Exeter.
Ho suds this modal on the ground of an appeal having
been made from &judgment prosouneed by the Court of
Aruba to her Majesty in council, whereupon her Majesty
la mason had been *seed to reverse the judgment of the
Court of Arches. He was prepared to contend that, by
certain acts of parliameat to which he would advert, the
appeal in such a saes lay not before her Majesty is council,
or to the Judicial Committee*: as Privy Council, but to
the Upper House of Csavoostion. If he Gould establish this,
It would follow that the proceedings which had been bad In
this ease before her Majesty in council were entirely voi 1 at
law. He then mended briefly to state the facts and eir-
eamsteaces of the eau. It appeared that a vacancy
had occurred is the church of Braniplord-lipeke,
in the diocese of Suter, on the 3rd of May,
1847. Her Majesty, being patron of the living, by
letters patent of the Sad Nov., presented to It the Rev.
Geo. Cornelius Gorham. The living being, as ale*, said,
in the diocese of Exeter, it therefore behoved the higher of
that diocese to .object the presentee to the proper and usual
examination, with a view to ascertain tne soundness of his
doctrine and his fitness in other respect. The blehep,
therefore examined the premium who was found on each
examioriou to be of unsound doctrine; whereupon the
bishop f and himself under the necessity of rejecting the
claim of Mr. Gorham to be admitted to the benefice in qua.

tics. Against this detervaisadea of the Whop Mr. Gahm
appealed to the Court of lashes. Os this, the matter
was duly heard before Btr H. Jeans, Fart, and on the
2nd August, 1849, a jutgment was pronounced &Mining
the spool, and detertuin:Ltiat the appellaat had been
properly rejected by the ea the mead that he was
eineound doctrine, and •as t to be admitted to the bene-
fice. The appeal was, en this gnsad, dismissed with casts,
on which Mr. Gotten' sppe.ld to her Majesty in
Mr. Julies Foresaw here inquired if des teethed ceases'
Wes sorrethly vies the tent •" appeal" fa his argument.
Had there his. psessedinge_la the bishop's moat ?
81,7. K had been had before the bishop
in his spirksal=. be had thisapplied the term, a
aright not be w
Mr. Jostles Pathless—lt might be with Menace to the
wording of the stature of Hussy VIII.
Sir F. Kelly, fa aratianstlea, °teethed that, unless the
judguent of the Court of Aries had been reversed by •
court of competent juriedindem. it still stead and was
of full form and offset. Appeal having bees made to her
Majesty ia eouseil, the wurace was refined to the Judicial
Committee of the Privy Osasae gal was heard on the Ilth
December Lot, sad wealth fiel days. Oa the Bth of
March following. the failidel teeoldie Paley Coun-
cil delivered • el judgement orally in the matter,
which report ofjudgment dasiaree the reversal of that of
the Court of Arens. This meth having bees duly laid
before her Majesty in samil. in Majesty en the following
day pronosaced judgment, reasons the degree of fib. H.
J. am Fast, and remitting the jadgmeat of reversal to the
Court of Arches, that justice might therespoa be done. Os '
OW. a wont ion was issued to the Bishop of Easter, direct-
ing him to take sash proceedings as would lead se the ioda-
tion and institution of Mr. Gorham. The court
was was now atoning these proethdinge. It was at this
point that he (Bir F. Kelly) was instructed to apply to the
Court of Gseen's Bench for a writ of pe hibition, which would
operate to the obstruction of these proceedings, and, is
making this application he would endeavour to misty the
court that, by certain statutes, to which he would preseetly
refer, an appeal, in • miter of this altars, touching, as It
did, the rights and interests of the afaila, lay not to the
Gegen in Conseil, or to the Judicial Committee of the.Trivy
Council, but to the Upper Hama Convocation. It was to
be regretted that, when the matter was beton the Judicial
Calamities of the Privy Council the legal advisers of the
Bishop of Enter had not directed the attention of the
learned personyes who presided over that court, to some of
the earllsr sets at parliament which bon upon the
question—for, bad Wenn' then been made to these
statutes, it would have been entirely uoneers.ary for
him to ban troubled the 'curt as he was now doing for a
writ of prohibition. The whole of the provisions on which
he intended to rely ware to be found la two acts of parlia-
ment, viz., the 24th Heti. VIII. c. 12, and the 25th Hon.
VIII. c. 19. One of the main objects of the pawing of these
sets was to prevent appeals from lasing made to the Pup in
any molten, scelesiutical or otherwise, arising within this
realm. By the first of these sets such appeals were strin-
gently forbidden and made punishable by very severe pe-
nalties in three classes of cases—ia cases testamentary, in
eases of matrimony and divorce, and in eases of tithes &e.
With respect to these three classes of eases, the appal is
made to lie, in the first place, from the
court of the Archdeacon to the bishop of the
diocese, from the bishop or the Court of the
Bishop to the Court of the Archbishop; and then, in mat•
ten touching the King and his necessots, from the Court
of the Archbishop to the Upper Ilona of Convocation
By the tut-mentioned act, which contained further and
stall more stringent provisions for the prohibition of ap-
peals to the Pope, appeals are given in all manner of cues
ecclesiastical, in the same way as is pointed out in the
*tuber statute, in reference to the three classes of eases'
therein sr.uded to. It coneequently followed that, in all
eases ecclesiastical, as well as in then three clams of
cases,appeala lsy from the archdeacon to the bishop, from I
the bishop to the archbishop, and then, by further
clams, in matters in which subjects only wire
concerned, to the Court of Delegates; but in mat-
ten in which the crown Ls conoern-d to the
Upper House of Convocation. He then, in support of this
view, called the attention of the court to various sections of
the acts in question, and amongst others to the 6111 sect. of
24 H. 8, c. 12. Both the sth and 6th sections bore out his
statement as to the effect of the at. By the 9th section it
I appeared that, if any question should arise in any of the
courtsalluded to ia tho set touching the king, his heirs and
successors, the ultimate appal lay, in all or say such cases,
to Ma Upper Mcuse of Convocation.

Mr. Jiiartice Pattesos—The weds ars Wet say of the said
courts.

Sir F. Kelly—lt wee, no doubt, competent to any party to
a suit touching the rights or interests of the crown, to appeal
by virtue of the statute, either through a suooeseion of courts,
or directly from any one of the courts, to the upper house of
convocation. The 25 Henry VIII., e. 19, as already said,
only extended to all came eitelniastical the same provisions
am the former mutate extended to the three classes of cases
enumerated. He had only now to show that this was a
matter touching the rights of the sovereign and her sums-
son. He contended that her Majesty was directly interested
in this very case. Her Majesty was seised in fee of the dem,.
son of the church in question, on his presentation to which,
Mr. Gorham was examined by the bishop. To that presenta-
tion the bishop had objected, and the presentation to which
+ltch objection was made, was a presentation by letters
patent of her Majesty. The learned toenail t►en
read the presentation. The Brown, he contended,
was further interested in the fitness of the per•
son presented, and the question on which this
whole matter arose, was a question of the fitness of
the prreentee. The crown, likewise, on the rejection of
its presentee, might bring, and had in this ease, in
fart, brought an action of quarts impdit. The crown had
commenced such an a:tioa, to which the Bishop of Exeter'
had pleaded the heresy st the presentee, and other pleas,
involving all the matten alluded to, hut the judgment hi re
would be a judgment in rem against him and against all the
world. He thereture sought to stop their judgment, as that
of an incompetent court in the case. If, again, the Bishop
of Exeter should succeed in this cue, the crown would be
entitled to another presentation. All that ho had
here stated appeared in the record in the action
alluded to, as action in which the rights of
the crown were directly and necessarily involved.
Amongst the cases he relied upon as to this point was Spec-
kett's case, in 6 Coke's Rep. lie would, therefore, submit
to the court that this being a matter touching the rights and
intensts of the crown, it was to be governed by the statutes
which he had cited, which directed that the appeal should be
to the Upper House of Convocation instead of to her Majesty
in Council.
Lord Campbell—The court will look into the statutes and
authorities cited, and, on an early day, intimate its decision.

BAIL COURT.--YESTERDAY.
Mr. Justice Coleridge sat in the Bad Court but for a few
mioutts, during which time no mitten of public interest
wen brought before this court.

COURT OF EXCHEQUER—YESTERDAY.
STRINGS IN BANCO.
The wart eat at ten o'clock this 'morning.
Sir P. Pollock, C B , with Barons Parke, Rolfe, and
Platt, are the presiding judges for this term. Mr. Baron
Alderson at chambers.

New Qu'eer's COUNSIL

Meson. Prendergast, Blue, Onset's, Townsend, Mogen',
C. Rowe, O'Malley, Peacock, Edwin James, and Macaulay,
who were recently appointed " Her Majesty's counsel
learned in the law" were called within the bar, and took
their seats accor,ingly.
The court were engaged all day with motions totally de-
void of postal interest.

INSOLVENT DEBTORS' COUNT.—YMITERDAT.
Barons rza Came Cawineworiaz.
Ix iU JOagga Batson Worm—Lake in Now
ZEALAND.
This insolvent, who h been a farmer in New Zealand,
was opposed by Mr. Nichols for the detaining creditor, Mr.
Dowding. The parties had raided near Dorset. The in-
solvent made a pnmhw of hay from Dowding, which led to
a lawsuit, and the matter was referred to whit:sties, and an
award made against the insolvent, on which, in November,
1842, he sailed for New Zeeland, and there remained for
several yam. On hie ratans to England he was arrested en
I a emus by Mr. Dowding, as about to have the country. He
said he had managed a farm for his father in New Zeeland.
Evidence was given to show that the ineolvest had some in-
terest in the land which was purchased from the New Zea-
land Company. He denied the alleged interest.
The Chief Conusioriver malted further evidence 'e-
vade. the pro @elite Woe. to the insolvent's father,
end the Nee was ad
CLERKENWELL COUNTY COURT.—YzerazDAY.
Barman M. Sauwy lowa
Waitz e. Wsous. F an Bo*.
The who appeared by attorney, Mr. Dailey,
eVto nava the of 134 14s. for money lent.
limpar—Aa the debt is not disputed, haw do In
an is pay it?
Dalinest—l eras only offer 10s. per =oath.
Mr. Dailey—l as instructed to oppose this offer. The
defense* nos UM shim came to an est with as
M pay a esiesissan and which he has not alfilled. I now
rea open bine So pay that sum forthwith, and I am content
to asap this seer.
Hie Hemear—What are you, and what an your dr-
eaminess ?

Defendant—l as librarian to the
.Btock-Ezokanp, and
my eatery is but 1001. •e.ar
Hosour—l perceive the same an alike; an you a
relative of the plaintiff's ?
Deleadant—He ie my father, and holds a ablation in the
BteekDschange as well as myeaf. He is storekeeper there.
His Honour—What, a father sue his eon in this noun for
money lent T—it is indeed painful.
The defendant (bursting into team—l feel it to be De,
your honour, and weld I by any possibility have sniped
the exposure, I, Or a son, would have done es. Through
illness, and my poor wank I tell into damask's. I owed
661., and being sagely imponnaid my father advanced me
the money he new posse so Ike. I have other engage-
ments to meet, and if 1 amid pug mere than 105. per math
Ido ware your boson, I wadi assalqint• any ornate-
meat my father through his sdisitar, Swim
The learned Judge observed that this nee was cone which
he hoped seldom incurred. Here was a father suing his own
eon for amistanee rendered his offspring, to velem him from
pannier, difficulties; and father and son holding eltrations
under the sense highly respeetable corporation—the one
being storekeeper and the other librarian to the Stock BE-
change of the City of London. The defendant appeared to
be II man whose word was to be taker, and the only order
he would make was that which he offered—io shillings per
month.
PlainUre solicitor—Weald your honour allow my oats ?
Thu Warned .1 adgo—No i I'll allow so oasts at all.

CENTRAL CRIMINAL COURT'.

NEW COURT.—YEnzaDAT.
Sanwa TIMI Pacoima.
Ii /is • DwaLuno-itotma.
Jonathan Coo, 20, umiak; Wfllisia Hose, 21, Weber;
Waiter Philline, 23, oil cloth midamorers convicted of •
burglary la dm dewlllizbewie a 1 =Nail Stowell, and
Mediae osysral artistes Ineethaid llama.
Tits owe fa wily wanted imam boa the hot of tho
heartless now is whist It was allastsd. The prisoners
had died ups • tins whoa tha pnerrame was from home,
sad ono el the party went with • laselage to the trite,
stain that bar see bed east with swore accident, end
Crither IN MAN, attoolaaes at altos some Masao,
hems. lioliseieg the moirage, blatantly west,
and whilst mho was goes the prisoners got into the pleas sad
gels tit• peopsrty They were. hewer. observed by •
asighboer .could maks clear off.
'They were all sedated to be treaspotted for 10 peon.

THIRD COURT.—YESTI/DAY.
Basois M COMMON Saaawir.
ROBISZT OP • FOIMONI/L.
-. . _

John Fry, 317,ifitihee, I:Traspeetablyd;;e7ad man was W-
aisted ke stealing 19 gold 'Mae sad other articles, te:lue 281.,
the property of Ferelleand Meath' Hoene', la the dwellielp
home of William Barber. Mr. Metcalf prosecuted, sad
Mr. Ribtou defended.

The prosecutor, a native of Barony, and who wu exa-
mined through the medium of an interpreter, stated that he
came into this eouatry on the 21st of March lui, sad took
up his ledgiap ia Cranbourae-street, Letoester-square. On
the day following his arrival, he strolled u far as Penton-
Tills, where he um the prisoner and two other men' and
showing them his card of address, asked the way home.
One ci them, who spoke a little broken German, said he
would direct him, and expressing himself very glad to see
hies, premed him to go sad have something to drink. To
this he castled, and prisoner lock him to a house in the
neighbourhood, where they had some spirits and water, for
which prosecutor offered to pay, and pulled out his
pane for that purpose. Prisoner, however, would
not allow him to do so, and to k him to the
house of Mr. Barber, the klai:fenbead public•bonse, where
they all Lur went into the parlour, and had some more
spirits and water. Prosecutor again wished to ply, but they
would not let him ; and he, haring taken his poxes out
again, prisoner saw the colas, which were Louis d'ors, and
observed that they Auld be pat up more securely, and pro-
ceeded to wrap theta is Roma brown paper. He then
returned them to the puree; but prosecutor, fancying all WAS
act right, proceeded to look at the contents of the parse,
whim the prisoner ran from the house, followed by the pro.
secutor, who succeeded in eatchiag him, and he then re-
turned him the money, and broke away from him, and pro•
locator, on returning to the publio-houee, received his hat
and other property, bat had lost one Louis d'or, sad some
silver of trivial value.

A witness named Hart said that he saw prosecutor pur-
suing prisoner down Weston-street, Somer'svown, and, hear-
ing what was the matter, pursued the prisoner when he
broke away from prosecutor, sad caught him, upon which
two men came up and rescued him, and he again tan away.
Witness, however, followed him into the New•road, where
he saw him walking quietly along, but, finding he was pur-
sued, 'gain started of running, but was finally captured by
• police constable who had joined in the chase.
Two other witnesses were called, who produced a purse
containing a number of imitation sovereign and a pocket-
book with some flash notes, three for IW. and two for 604.,
which prisoner threw away in his flight.
168 8 said that when he took the prisoner he said he
should like to punch his head for him, and he was trouble-
soma in going to the station.
Mr. Ribton then contend, d that the indictment for steal-
ing in the dwelling house could not be maintained, the pro-
perty not having been shown to be at any time in the custody
of Mr. Berber.
The Common Serjeant said that was not necessary, as the
stealing nark place in the dwelliog.howe.
Mr. aibton said the statute made it necessary, to come
within its meaning, that the goods should be under the pro-
tection of the house and deposited in it for safe custody. 'the
learned counsel then quoted Archbold's " Criminal Plead-
ings," p. 243, when it is laid down that if the goods be
ender the protection of the person of the prosecutor at the
time they are stolen the case will not be within the statute,
as, for instance, where defendant prccured money to be de.
livered to him for a particular purpose and then ran away
with it ; " It a v. Campbell" (2 L neb, 264) ; and where
prosecutor, by the trick of ringdropping, was induced to lay
his money on the table and defendant took it up And carried
it away " flea o. Owen" (2 Leach, 672, 2 East's P. C.,
645). These ewes were held not to be witLiii the statute.
Mr. Metcalf said the rases were old ones.
Mr. Ribton then addressed the jury, and said he could
not deny the larceny, hut they could not convict him of
stealing in a dwelling house.
The Common Berisant said he had better have left the law
to him than the jury, as he was of opinion that the cases
quoted by the learned gentleman were so close with the
present one, that the conviction could not be for stealing in
a dwelling house.
The jury, however, found the prisoner guilty of stealing
in a dwelling house.
The Common Serjeant —I told you you should have left
the law to me and not to them.

Mr. Ribton wished the verdict to be taken on the simple
larceny.
The Common Serjeant would not usent to that, but pus
sentence its if the verdict had been for the minor offence.
Sentenced to 12 months' Imprisonment and hard labour.
T►u concluded the business of the elision, and the court
stands adjourned antll Monday, May 6th.