The Express.
London, England, 1861-04-30 00:00:00

COUNT OF COMMON PLEAS.

Sittings is Hases.—(lldors Loid Chid Justice Eris, sad
Jostler Willis, kiss. and Mating.)
r. MULL CANNAIDO C nocroan AND TKO

lIIINVING-ROVRE.

This ease has bra already folly before the public, the
circumstances being shortly these The plaintiff, • young
woman, was a milliner at Qinahridge, sad the defendant
was the Vice•Chaecelloe of the Ilaiversity. About half.
pat al 1 cm the resin of the 30th Jae., leriO, the plaintiff
sal her young sister, with some other person., one or two
of wham were andeagradustes, were in an °males about to
proceed to an ian at glielford, where Mr. Graham, an
andergreduar hail ansagel to give a supper sad a demos on
the octanes of kis taking his degree. Ose of the proctors,
however, had received as araymous letter calling kis ite-
rate,. to the iateeeled party and the evil likely to result
from it, and the coosequence was that he and his assistants
seised the omnibus sad took the plaintiff to the Spinals'.
house, where, after a tints, the Vies-Chancellor made his
appensace, sad he matesond her to fourteen days' immigr-
ate% I. the Spieniachore. She resented in prisms about
fear days, when she was dimileareed. Thereupon she brought
this attire to mower damages for false imprisonment,
bad the defesideat *sad is jusaficatioo a crater greeted
to Me • sivenity try (Ness Inimasth, and sabiesi madly iOOOl.
ported la as set 'lndianians. The eth section of this charter
mated that the Obasmillar, ureters. aid scholars of the aoi-
versity, by themeoleer or their deputies, their versants sd
Labial.% ad* from time to time, se well by sight as by
day, at tbair pleasant nuke minsiny, search, and inmaity
b ibe two sad eabarbe of Cembeidge, sad in Barnwell aid
Ilindsidga. dm all sommes warm, bawds sad Mbar per
ease earyeeted of sell, sivaing to or rearetlag to
the has and *abatis, sad to Finish those empeeted of
sell by • 'dormer of their bashes. hanishrant, or ether.
wim, se they shard think It. At the trial before the Lord
CYO Juries, riders for the defendant was given to show
UM the plaintiff was s person " suspected of evil," and
therefor* is was said the university authorities bad power
to imprieue her. After a goal deal of discrsioa the
jury ford that theheproetors
..had removable Letuidz
for omelettes t plaintiff el evil,
to the Vracellor they were of epistles that
he had ant made due iaquiry before seeding the plaistiff to
pier ; and if this amounted to a verdict for the plaintiff
they assessed the damages at 40s. Subsequently the plain.
tid • cruel airier a rule for a sew trial E the
pulled of aildirection, submittiag that if the had
property &meted the jury there would have sub-
Naar' damages. First, it wee submitted that his
lordship was wrong in telling the jury that it was sot
amerry that there should bo a written commitment of
the Osumi, before she amid be rot to pier ; secondly,
that he we. woe); intimating his opium that time was
rescuable grime' on the part of the part of the proctors
for suspectiug the plaintiff of evil within the mar-
ireg of the charter; thirdly, that his locriblp
should hove told the jury that them was so
1.1.1 hamlet or examination before the Vice-Chen.
emsitter, inasmuch as it was incumbent upon the
Vice•Chaocellor that he should execute his power in award-
auee with the principles of toe law of England, espeeislly
hi this that the slaintiff should have been examined face to
face with her accusers, and should have had an opportunity
of producing evidence if she thought It ; fourthly, that
the Vice.l'haacellor hail no power to commit to a private
prison, like the *inane-house, but should have
committed, if at all, to some known existing
madam geol. The defoadent'e counsel also obtaiaed a
rule to enter a verdict for the defeteLint, submlttiag that
the act ecenplained of was a judicial act of the Vise-Fhare
eellor in reference to a matter in which he had jurisdiction.
That at the time be ass acting as a judge of the Court Of
Record, sal that no action lay against a judge of ouch a
mart for toy act dose by him in reference to •
mutter in which be had jorieLction, even although he had
rend iu law or fu fact. Today these rules mine on for
rerient.
Mr. Lash. Mr. Washy, arid Mr. Crouch, appeared foe •
the ehisitiff ; and Sir P. Kelly, Mr. O'Malley, and Mr.
beater for the defendant.
Mr. Lush argued that there could he no legal Impel.
soonieut without a record of some hied, though in this case
there was so writing at all. The Habeas Corpusio
cooteniplated that any person having
'may is custody should have some decreer
tethering him to do so, in order that he might return
it in answer to the writ. Further it was quite tee-
testy to the spirit of the English law that say person should
b• committal to prison without having a proper hearing.
which there had nut been in this caw, for the proctors and
their race had said what they lied to may to the Vice.
I haneellor aloe without the plaintiff hearing anything
t at was said against her. All the prosedurs r far
she heard them were that she was called in and
all fled to prison. He admitted that no judge could
held liable for soy mere error in judgment, but this
Ireuple ordy applied where the judicial functionary had
Proceeded in a regular mustier ; and it wee contended that
was clearly liable where ho had exceeded his jurisdiction.
P,:dhev. the Viewelmswellor, it was coateadel, was sot
_ti.ng as • judge of • court of reconL A court of Mile kind
been defined so a court which had power to Rae or
...pore, hut thin, it was submitted on the authority
awes, meant not the power to fir or int.
; non for anything, but simply for attempt. The
rii trier did ant constitute a court of record,
I iAini if it did, DO reword had been produced iu thistles.
'w. as to ate legality of the spinnioglexim as a
l'naa, neither the charter nor the statute made
mention of a gaol, though the spinals.-
was viated by the inspectors of prisons, under
the authority of the Secretors, for the Home Departniemit.
?his inapetice,however, Dude no difference, for the lOW°.
LOO Art. (1,0 soil 6 Wm. IV.. cap. did mot say Jib
4mlii do it.. and is Bacoo's Abridgment it was &Madly
Ind down, 11,1 no prison should he so constituted under
my Isms tower than that of an act of parliarnest ;
u`i if there were power to commit, it must be
to the town prison as wee the practice at Oxford, and is a
'tame in comparatieely nwelern times the authorities of
tie
r toes prism were required receive Ferree committed
lite University authorities. These obsereatioas hi bad
red* is reference to the questions et law, sad rto tatop-
th -e....41 for • sew trial he did sot pewee to segos that
tester

ITU awe wan proceeding when oar report lett]

e : lo Two poor (*.Howe were unfroosted yeeterfisy moos-
q: abaft of a colliery at lace C.nmiete.
'nn. They bed Lees swaged is slaking a get%
;^*l Mattis( is the coarse of their w..rk. They
Li Ar.,l nee " .13.," but act Iteariog as explosioo they
the .haft to age what we. the Nutter ; odor
• nody as etplei,o Lad takes Awe, sad the after dap tte,11.4 the two wee.