The Express.
London, England, 1850-06-29 00:00:00

i. cbtor.?.

- call. 0, jun., - ...emu 3 b Day
John Ltilywhite. b Merman 0 e LoWrym b Shona= 4
E Bashby, b Merinos ...._... 1 0 Day 3
T. Boa, e sod b *emu 8 e Day, b Sherman ls
J. I 4 Imam 4 Lerelyer, b Mer-
l.=
W. !tapper, EN 0 , b Oberman b Sbenosit
E Newer, TA., b Day 1 b Day
O. Pacernell. Dot ou,
U. M. Curtgri., te 9. e Limn
b Obeenute - ... 0
I. Hodson, run out
Byee3,lb--,lwl

Total

36

MARYLEBONE CLUB AND GROUND v. UNIVER•

Shy OF OXFORD.
This mateb, having been resumed yesterday morning, was
brogstat to its eonelusiln in the afternoon, in favour of the
Marylebons Club by 39 runs. Tea score stood thus :

. .
MAIMLBIoNIr.
Doan, a and a Towels
Lord liar„ b nosier
Lekin, ~,, b Tonga l2 •W. Rid nog, b Morris 12
Mr. R. Kyeaston, a Yaw l4 b Coleridge 2
Captain Taylor a Cultridg•
Hoe. Coined Liddell, a Mona 6 b Yong.
Has. W. F. Finutes, a Coleridge ... • not oat ll
Capt. Mynas, a Taw l6 a 'low
Earl Winterise, b
Mr T. Mayo, notes $ b Coleridge 0
Lillywher, e Riddiag, b 93111011 . . 2 a Ridding, b Some S
412; lb, 3; w,ll

101 09
Thu Usovnuarry.
Mr. T. IL Edon. 1 0 es, b Dna 4 1b w b Doan
Mr. T. Rados. b Dean lO b Dean 1
Hon. R. Blob. b Deal. 2l e Liddell, b Dada 3
Mr. W. Ridding. b Dana
Mr. C. Coleridge, e Dalai, b Dean.. 7 run out 4
Mr. A. Riding, b Dania
Mr. A. Wiliam, b Danis
Ms. 0. Tommie Daiwa, 0 Dean 11 Lain ....... «. 3
Mr. &woes, b Doan 0 ... 1
Mr. E. Morns, a Burghley, b Dean 0 b Dow 0
Mr. T. Baer, not out III Delft ... „ 0
11, 1

MaryMaus thus woa by 36 rse9ls.

lab) intelligence.

COURT OF QUEEN'S BENCH.—YzerzaDAY.
err. IN BANCO AMA Tau.
-- is Muivism v. CoLma.
-

This was au action for assault and battery, tried before
Mr. Justice Creswell, on the Western Circuit. Verdict for
the plaintiff—Damage' 507.
The facts of Me ease were thee.. The plaintiff, who was
an infant, and who brought the action by her father u her
seat friend, was servant in the house of the defendant. It
appeared that the defendant was in the habit of gagman
with his wife, and that on one occasion on which he was to
doing, the plaintiff endeavoured te part them, when the assault
complained of was committed. the battery consisting sa &blow
ea the breast, which caused • tumour, and rowelled the
plaintiff to put herself for a considerable tome, and at much
espouse, under medical treatment. At the trial one of the
priced pal witnesses was • fellow-servant of the plaintiff a,
named Elizabeth Tresslin. This witness having made •
statement adverse to the plaintiff's cue was asked by the
plaintiff's count] if she had not made a different statement
ham that then mad* before. This question was objected to
ol the ground that • party could net discredit his O.IC wit-
ness when the evidence of the witness war adverse to him.
The learned fudge permitted the question to be put, and the
witness admitted that she had made a different statement
before, but that she had been induced to do so by
the plaintiff's father, who had tampered with her, by threat-
ming, sad offering her money. The father was afterwards
called as a winter, and was asked if he had ever tampered
with the witness Trepans, either by offering her money, or
by menacing her. This was also objected to, on the ground
that a party could not call another witness to discredit his
own witness, when he found his evidence adverse to him.
This question also was allowed to b I put, the father denying
having tampered in an way with the witness Truants.
TIN cue then pr to verdict.
A rule nisi was afterwards obtained for a new trial, on the
ground that improper evidence had been admitted at the
trial. _

ihrjeant Kinglake now showed cans. against the
rule, contending that if a witness makes a statement win:-
posted by the party calling him, the party is not precluded
from putting a querion to the witnees. the answer to which
might discredit cis tes,imony, or to put a similar question
to another witness, provided the question put be material to
the issue. He admitted that a party could not contradict
his own witness, in a collateral point, with a view to impair-
ing the credit of the witness; but is this case, the questions
objected to bore upon the whole transactioo, and were mate-
rial to the issue. Under these circumstances, the oouteadie.
ties .ought sobs teen to the evident. Of the wituesTnegie
did not fall with this rule, that a party canaot, when he is
21Ceby adverts evidence from his own witness, dimes-
wditasse by aoatredieting his statement.
Mr. Crowder, in support of the rule, contended that a
petty Rao salts hi. own witness ler hotter or for worm, and
that Y tees not entitled to abnegate his own witness, when
'Aiwa ageless 10 his ems wee ginen by the wham. The
question pas to the fadate, es+ to the other witaesses who fol-
lowed, wore met nisenislMllie imiee bat aellatorel qualms,
the object of add* We le lateen the het witasse, whisk
the plaintiff liegiresholud teem doing.
The Cow wiii M spideei that the learned judge was
right in ellowleg t question to beut to the whines her
NU. It was ekes OP the learned judge would net have
allowed ether glimmers as have been sailed to eentrudiet the
winsome, had she denied Wog node a different stesenaent.
The dbihiedis MOM to be askimg s "miss et I

this met of the witness la the box, sad Who( other wit-
nesses to seetradim bite. It was in cootie:Ma with this part
of the sass that the oat, difileuity arose. The.questises pat
to the talker of the plaintiff end the otter warmness, weld
not be regarded u eollateral. Toe witness Tremlia
bad theows imputed's', on them witness** by saline
that they had tampered with her, and made her tell
lies. It meld not be held that, under these airosaistaums,
the party should be precluded, whew he milled these
wham's' iato the hoz, free removing sash Journalises by
asking them if they were true or not. It was sompsteet te
ask thee question for this purpose. flush ciasetiewesaight not
hate beea ezeittly material to the issue, bat the ware
material to the ease, as setting up the plalotill's w•
against whom serious 'tornados/a hail berm cast. The title,
therefore, mast be discharged.
Rule discharged.

COURT OF RANIERUPTCY—TIUMEEDAY.
Serous *a. Ommemarowna PAWL
IN in A. A. Warta.
This was the adjourned last imandsatien meeting in the
can of the bankrupt, who was &ascribed as a printer, of
Bereerastratt, and who had been eonateted with a weekly
naval and 'military publication. The sew ants which were
Mad some time ago, extols& over the period from the let
January, 1841, to tits 19th Dieelaber last. The bankrupt
owes to unsecured creditces, 9641. ; farther debt, of 6,3191
are partially covered by property worth 4,2851. His capital
is put down at 4,2731. ; Inmate from literary labour, 4,8411.
Tin assets were estimated at 4331.; law coats, 2,2871.:
interest, 1,1331. ; sundry expenses, 2311. ; personal ditto,
4,0371.
The bankrupt pawed without ("pulite% or remark.