The Express.
London, England, 1861-07-04 00:00:00

THE EXPRESS, THTJRSDAY EVENING, JULY 4, 1861.

They were told that in the country there was not the sonic
check upon commitments as existed in London. Ho begged
to say that full publicity was given in the country to trials
at petty sentious—(bear, hear)—and in the country the
magistrate was surrounded by a circle of neighbours, whose
opinion was brought to bear upon him much more strongly
tiara •it was upon • town magidrate. Theo it was
said that aldermen &0.1 town magistrates were ably resisted
by their clerks. But this advantage surely was not confined
to Lootlos. He asked what was to prevent • stipendiary
magistrate in troubled times from being the abject tool of
purer` and if judges were to be found again upon the bench
like Screw and Jeffries of old, the community would miss
this gnat barrier and protection between the crown and the
liberty of the subject. to times of excitement what was
to be the definition of a political offence T He would take
the case of the man who was tried some time since for steal-
ing a despatch. The indictment was for simple larceny ; but
at wee trusted by some of the papers ea being a political sc.
cu ietaoo. One foreign newspaper hail even gone so far
as to describe it as put forward as • screw on the part of
the government. He would ask whether, when the Eccle-
siastical Titles Bill was before the country, if a prosecution
had been instituted at the instance of the Home Secretary
of the day agaiost one of the Koman catholic bishops, and
that prosecution had been warmly advocated by active par-
tisans, whether there would be any chance of an acquittal
(Hear, bear.) He looked upon the institution of the greed
jury as one of the highest value ; and, in the absence of
his hon. and learned friend the member for Wexford (Mr.
he begged to move that the bill be read a
second time that day three months.

Mr. NEWDEGVIT. said it was almost impossible to take
a divisioe at that hour, and the attempt would probably lead
to a nugatory result. He fully coacurrwi with what had
fallen from the bou. member (Mr. Hunt), and he begged to
move the adjournment of the debate.
After a few words of explanation from Mr. WALeoLe,
The debate was adjourned.
CHURCH RATE:4 LAW AMENDMENT (No. 2) BILL.
On the motion for the second reading of this bill,
Mr. CROSB said he wished to appeal to the government
whether they would not amist those hon. gentlemen who
wished to bring about a settlement of this question, by fix•
ins some morning for it. tbsenssion—possibly neat week,
on Thursday.

Sir O. C. LEWIS said he believed the noble lord at the
head of the government, when a similar was ands
tpeal
to him, had stated that he was not pre fi to x any go-
vernment night for the discussion of is ra bill. Now Thurs-
day was a government day, and it was mot usual to fix the
discussion of any bill beforehand for Thursday. He was
therefore afraid it war out of his power to assent to the
proposal orate hoe. gentleman. He would further add,
that a large ponies of the sessioe . had been already occu-
pied with a discussion of this ssation, and one morning
probably would not sales to dispose of it.

Mr. CRO9B thee gave notice that as Wednesday, 17th
July, was abed, token up, he would fix Wednesday, the
Seth July, fee the woad reading of his bill.

NAVAL AND MILITARY.

PORTSMOUTH, Jnz. 3.
The Duncan, 101, ccrew, in to be brought for
and placed in the tirat-claai steam reserve ; the Duke
of Witos, 131, screw, will be added to the wood-
s:lase reserve. The Medea, 6, steam 11100 P, is ordered to he
placed is the traeclais, which will also be augmented by
the Orphan', 21, screw corvette, which will be brought
round front Chatham. .

The Marlborough, 131, screw, Captain W. H. Stewart,
C. 8., shipped her Armstrong gnus yesterday, and coup
manned painting to-day. She ia rapedly progressing towards
completaon.

ARTILLRRY FOR I N DIA. —An order was received
at Woolwich yesterday from the Horse Guards, directing
a force of 1,150 officers and men of the Royal Artillery to
beim readiness for embarkation to India on the 12th and
13th of the present month. The officers who will proceed
with the force comprise Lieutenant-Colonel Bruce, Captains
Hutchinson, Blunt, and Roberta, Major Light, Lieutenants
Alezauder, Langton. La Hotta, Noyes, Melon, M'Clintocl
Keith, Smyth, Jardiner, Kelso, MY:rigor, Grant, and
&own, and AnietauSSargeon Wright, 3L D. The force
will embark in three divisions as follows: —On the 12th
inst. 400 on board the troop ship Sydenham ; 300 on board
the Adamant ; and 100 on board the St. Lawrence. On
the 13th inst. 350 on board the steans.vessel Hydaspes.
ARMY MEDICAL Itr.roars. —The annexed general
order has been issued :—" Horse Guards, July 1. —Much
inconvenience having armee from medicid officers of dietricia
and regiments making reports to the heads of their depart-
ments, without placing the military officers in immediate
comoend in possession of these reports, his Royal High-
ness the Geoend Commanding-in-Chief, with the concur.
rence of the Secretary of State for War, is pleased to direct
that, whenever medical officers conceive themselves called
on to make reports upon, or to offer smeatione concerning
matters affecting the health of the troops, and the sanitary
condition of the locality in which they are stationed, to the
bead of the medical department, they shall furnish dupli-
cates to the officer in immediate command.—By order of
his Royal Highness the General Commantling.in•Chief,
JANIM YOW SCARLITr, Adjutant• General."
Tai CAMP •T COLCHESTER- —This (Thursday)
aftensors the Ist &sex Volunteer battalion will be lai-
pded with the troops stationed in the camp at Colchester.
The force under arms will be altogether about 2,500 men,
viz., 2000 troops and 500 volunteers. In the course of the
present month 250 men will be despatched to India from
the camp, from the depota of the Ist battalion let Royals,
34th, Nth, 56th, 66th, 88th, end 97th regiments.

Katy inttlitgenct.

COURT OF QUEEN'S BENCH.--JoLy 3.
Sitting@ at Nisi Prins at Guildhall.—(Before Lord Chid
Justin Oockbarn and a Special Jury.)
Sri: EL EON AND ANOTRIS r. THE GREAT CENTRAL GAS
compANT.

The plaintiffs, Marrs. Sturgeon and Company, warehouse-
men, of Wood•atreet, Cheapside, brought thia action to
recover damages for loss sustained by a Bre through the
alleged negligence of the defendants in laying on the gas in
the adjoining premises, belonging to Messrs. Morley. An
action involving the same question, in which Messrs.
Blenkison, Messrs. Morley's neighbours on the other side,
were plaintiffs, had already been tried ; but the court
granted a rule nisi for a new trial, and suspended their de-
cision until after the trial of this action.

Tice ;;;;;&Th;7laliTilf; occupied the greater portion of
Tuesday and the whole of to-day, and at the rising of the
court was still unfinished.

COURT OF COMMON PLEAS.--Juu 3.

Sittinp at Nisi Prins ut London—(Before Lord Chief
Justice Erie eed a Common Jury.)

ROBERTA V. CUB= MW &MINS -DISPUTED LIABILITY.

The plaintiff in this ease was an advertisement agent,
and he sued six gentlemen who were to be directors of a
limited liability company which was about to be formed,
called the National Freehold Cemetery Company, and the
claim was for till!, for advertising the company, kc. It
appeared that Colonel Moore, an American, was the ori-
ginal promoter of the company, and that be gave orders for
the advertisements, and without any express authority
from the defendants. Various circumstances however were
deposed to, to show that there was implied authority—such
for instance as that the defendents attended meetings of
the company, and papers with the advertisements in them
were planed upon the table, and thus brought to their
knowledge. There was also a minute put in, and one
of the entries contained these words, "and immediately
advertise," as a direction what should be done. On the
other hand, the genuineness of this entry was questioned,
and it was distinctly stated that there was ea arrangement
that the gentlemen who had consented to act as directors
during the formation of the company should sot be liable
for the expenses, and that Colossi Moore was alone to be
responsible. There was also some evidence to show that
the plaintiff knew that this state of things existed.
The jury found a verdict for the defendants, and
His Lordship directed that the minute should remain in
the hands of the officer of the court.

SECOND COURT.
Sittiop at Nisi Prins.—(Before Mr. Justice Keating and
• Cloaunen Jury.)

CONTILACT.

The plaintiff in this ones had a contract to supply the
government with a large number of blankets, and lie entered
into an arrangement with the defendant, who is a maru-
facturer at Dewsbury, to furnish him with about 4,000 of
these blankets. A quantity of the blankets were rejected
at Woolwich became they were not of quality and weigh.
according to contract, and the plaintiff had in oonsnence
to pay fines to the amount of 2&. 16e. 3d. Hs now claimed
this amount from the defendant.

Xi:Collier. and Mr. J. J. Powell appeared for the
plaintiff ; and Mr. Temple and Mr. Field for the de.
fendant.

A good deal of evidence wss given on both sides ; and
ultimately the jury found for the plaintiff ; but his lord-
ship stayed execution, so that the court above might be
moved upon the subject.

COURT OF EXCHEQUER—Jun' 3.

Sittings at Nisi Prius at GaikUrd.—(Before Mr.• Bares
Martin and a Special Jary.)
SUNLIT AND AMEN= V. CONAID AND OTHERS.
OABINALDIAN wenn.
_ .

This was as action brought by the plaintiffs, John &inlay
sad James Davenport Mantua. against Joseph Cunard,
Henry Arrowarnith, Wm. Lamb Arrowsmith, and Wm.
Goodman Gailiff, to recover principal and interest of
6601. 10s. on a bill of exchange endorsed to the plaintiffs,
drawn by the defendants, and accepted by one John Lamb,
Mr. Diann and Mr. Robinson were counsel for the
plaintiffs ; Mr. M. Chambers and Mr. Stammers repre-
sented the defendant Cunard, and Mr. Honyman, with
whom was Mr. Watkyn Williams, appeared for the three
other defendatta.

The defendant., who, it was stated, are not connected
with the firm which has given its mme to the well known
Cunard line, carry business as shipping agents at Liver.
pool, and at 32, Willlain.strest, City, the London de-
partment being conducted by the Messrs. Arrowsmith and
Oalliff. In September 1880, lb. Willhm Arrowsmith
told Mr. lamb that his brother Henry, who was in Italy,
had been commissioned by Garibalili to purchase arms and
munitions of war for his expedition, and an arrangement
was entered into with the view of •joint speculation between
Lamb and the firm of the defendants. Mr. lamb accord-
ingly purchased from Messrs. Barnett, of the 3f inories, who
bad bought them at the sale of the East India House, 12,000
muskets at 17.. each, and as the Mears. Barnett would not
part with them without ready money it wee agreed that
they should mud them out in the care of their own super-
cargo by the Helium frigate, chartered by the defendants
for the conveyance of 600 Oaribeldian volunteers to the
southern put of Italy. This transaction having been so
settled, Mr. Henry Arrowamith applied to Mr. Lambfor his
accommodation acceptance of 90a, on the ground that large
business transactions had occupied their capital, and which
be undertook to meat at maturity. This he did, sad them
applied to Mr. Lamb for another acceptance of 8351. Is.,
which he gave OD the Bth of Dee., 1860, and which fell
due March 21, 1861. The defendants, a few days
before it fell due, said they could only wraps
together 1001. towards the Lill, which had boos paid
into the Loudon Beak, and which would not renew it. The
cashier of the beak, on being applied to by Mr. Arrowsmith
and Mr. Lamb, consented to take a new bill at a month
for 5001., if 33N. 75., the balance of the 8351. 75., were paid
down. Them were terms the defendants could not accede
to, and Mr. Lamb applied to Mr. Sunley (of the firm of
Smiley and Maughan), who was his oldest friend, for smir
team. Mr. Bailey saw Mr. Arrowsmith, who proposed to
give Mr. Smiley his ammo for 501., to be held over
far a week, if he would &drams the amount
then, and to draw on Lamb for 1361. 7s. at a
month, if Mr. Smiley would mob the bill, so me
to enable him with the money at his owe
oommand to with the bank. This was done, bat
the defendants neit paid the bill f0r1351. 7s. nor the 5001.
billgiven to the London Bank, who put in a distringss on
the balance lying to Mr. Lamb's account at Mesas. Han-
key's. Mr. Bu4ey thea went to the bank and paid the
amount due, in order to take off the distriogas, sod wee
thus legally placed in the same position m the bank. Jihad
been ssoertaiued in December that the muskets had been
mid to the Gaiibridisns at a surplus profit of 3,200/., the
sham of which, deducting the freight claimed by Mr.
Lamb, was 1,1061.
The substantial defence on the park of Mr. Cunard was,
that be was not bound by this speculation of his copartners,
and all the defendants relied on the fact that there had Dot
been an endorsement of the bill by the bank to the plain.
tiffs, so as to enable them to sue.
The learned counsel having addressed the jury for their
respective clients,
His lordship summed up, and
The jury found a verdict for the plaintiffs for the amount
claimed.

COURT OF PROBATE AND DIVORCE.
JOLT 3.
SILL V. ITILL.--NITILLORDINAIT APPLICATION.

In this case Mr. Charles Willoughby Hill had petitioned
for a divorce from his wife on account of her alleged adul-
tery with the Rev. J. A. Wood, but inthe coursed the trial
the charges against the respondents were disproved. Mrs.
Hill then prayed a judicial separation on the ground of her
husband's cruelty to her, the main ingredient in which bad
been his communicating a disgraceful disease. In this oases
a letter from the husband was read in which he expromd
his consent to allow a verdict against him, and to pay the
alimony he was already paying, with liberty to his
wife to apply to the court for an increase of it, if so
advised.

- -
Dr. Tristram now moved for a new trial, and in support
of his application he read an affidavit of Mr. Hill, in which
be (Mr. Hill) stated that he had only signed the consent on
the distinct understandlag that no evideece should be given
against him that would be detrimental to his character.
net ou the 2Kth ult., while at Boulogne, Le bed read to
his great surprise in the papers that hie wife had made
statemente spout him which were highly deluipatory to his
honour, and he claimed to be allowed to give personal evi-
deuce in reply, and undertook to convict his said wife of
wilful and corrupt petjury. He therefore prayed that
there might be a new trial, his consent to the judicial sepa-
ration having bcuu obtained from him by the treachery of hie
attorney. _ _ _

Sir C. Cromwell said there was no ground whatever for
the application. This gentleman knew that in the petition
he warn charged with cruelty. and he authorised his attorney
to consent that • verdict should go against him 00 that
ground, supposing that by so oxisenting he should prevent
evidence from being given aipikst him before the court. If he
did not mean to admit the cruelty be must have bad some
Indirect motive for acquiescing in the verdict ; but if he
did admit sufficient cruelty to justify k judicial separation,
he must take his chance as to the quantum that was proved
against Lim. With regard to the decree io this case, he
(the learued judge) Lad taken time to consider the effect
which he ought to give to the feet of the residence of Mrs.
Hill with the respondent at Boulogne after the cruelty
charged ; and although there was something • little singular
in that residence, he did not think that then:nut wee famed
to regard it as condonation so as to deprive the petitioner
at her right to • judicial separation.
Decree acoottliugly.

COURT OF BANIERUPTCY.—JuLy S.
Wore Mr. Oomatiasiesse Holroyd.)
QII NIONOLOOIf, PASCALT, AND lOJL
The bankistple were warehousemen, of Clasimwtmet
West. The sees was blow the court a week ege, when a
short adjoureassat was ordered for some Wks( alterations
is the amments.
Yr. F. J. Reed, for the seihreees, sow eresinated to the
heaknipia passing. The tetal liabilities am about AWOL
I the assets en expeeteet te *his geed oiimad.

Mr. Lawranoe and Mr. Linklater appeared for the bank:
Vey passed
.; and on the question of appointing the certi-
ficate sitting, it was arranged that the certificate of Mr.
Pescall should be taken at the earliest thus ; than of
Messrs. Nicholson and Stone being adjourned till the return
of Mr. Commissioner Goulburn.

_•Several proofs of debt were discussed.
Mr. Bagley, on behalf of Messrs. thaninel, of Lyons, ten-
dered aproof for 9,200 f. against theestate of the two continu-
ing partners, Nicholson and Stone, for sulks supplied as well
before as since Pascall's retirement from the firm. It was
contended that Messrs. Channiel had adopted the remaining
panne's as their debtors instead of the original firm, and
were consequently entitled to prove against the estate of
the two.

Lloyd, on behalf of one of the assignees, and Mr.
Link Lite., on behalf of creditors, opposed the admission of
the proof against the estate of the two.
His Honour held that the proof was admissible against the
estate of the two for 5,Na. ; the remaider to be proved
against the estate of the three.
Hr. Linklater tendered a proof for 5,2121., on behalf of
Mr. John Robinson, silic•merchant, of Milk-et:net, in re-
spect of money lent on a bond, and secured by promissory
notes and a mortgage of the lease of the premises in Can-
nonetreet, which the bankrupts held at a yearly rent of
1,2001. He argued that the proof ought to be admitted
against the estate of the two.
Mr. Robinson, on the part of the assignees, opposed the
proof.
His Honour admitted the proof.
It it elated that the lint dividends, which will shortly be
declared, will be at the rate of about 7s. 6d. in the pound.

IN 11 SWARD MIMI.
The bankrupt, a shirt maker, of Tramp•street, ceased his
examination unoppoeed, on amounts showing unsecured
debts and habilities of 4,50 W., with meets of about 1501.

INSOLVENT DEBTORS COURT.-JULY &
(Before the Chief Oommissioner.)
MYST D'ARUT.
This insolvent, who had been an auctioneer at Ckliham, in
Hampshire, errand for adjudication.
Mr. Dense, appeared to pray judgment on the past of
several creditors ; Mr. Way supported on the original
hearing.
The complaint against the insolvent wee that he had
incurred debts whilst at Oditiam in • very reckless
manner, and was not a person entitled to an immediate dis-
charge.
The Court gave a judgment of five months under the dis-
cretionary clause.
MATRIMONIAL LIABILTITZB.—Two mass occurred to-
day, one before the Chief Commissioner aod the other
before Mr. Commissioner Nichols, of parties
widows considerably in debt, which debts had compel)II
them to apply to the court. Singularly enough both insol-
vents bad married innkeepers. In one cue the applicant
was discharged, and in the other • day was messed for the
final order.

D. B. DL D. N. 10. I. 9.
NAIRN 1974 66 63 W.
AniaDINX 23.73 56 61 N. W. 6
L81?H O.BO 69 64 W.
11111208 r9.78 68 64 W.
ARDaossai 29.83 67 51 N.
Pornuma 26.91 66 63 W.
511111.66 29.83 67 69 N. W.
GaLwAT
804/1030169 49.86 59 63 N.W.
Unison . 29.65 tea 55 W.N.W.
VAIMITL .... 10.99 64 60 &W.
30.03 60 611 W.
4/74171r 0111311
Loma 19.* 60 &II N.W.
On= 29.97 62 91 B.W. 1
P 0191310992 30.00 61 1511 N.W. m 1
PoI2LUID 90.06 00 66 W.S.W. c 1
P 1.7111047731 70.09 61 57 B.W. c 1
PIMIBICIII 35.13 St Q W.N.W.
.111687
Comma/sm KO 6e W.
lisuma 199.61 57 W.N.W. r 6
!Maw 70.16 67 N.W. D 2
1420111 70.16 TO B. b 1
Loma 110.06 TO —8.8. W.
/LXPLANATION.
I—N6lama6ar anicted and reduced to SE deg. at maw am
loyel :.011120 5•64. $46 vertical dee, purity' about one-hundredth

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warty those hundredths Increa L-
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settc). I.—Force (1 to 1t —ediaatanl).
Initials: b. blue say, o, clouds (detachw
lisbinluff ra, Wet) (kary) o. overcast
t. thunder. S. Wisturbano• (11001.

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THE Buti.DEßs' STRIKE—No additional firms
beyond those given yesterday have been reported as enforc-
ing the hour system. These firms unitedly employ about
9W cerpastests, who areal working under protest. Messrs.
Myers and Cubitt, mid one or two others, have succeeded in
obtaining • few bricklayers and masons, hut the great
majority of the firma are said to be entirely without either.
No alteration in the position of the workmen or the em-
ployer" took place yesterday. Delegates from the masons
sad bricklayer' are visiting tbe various trade societies in
London, aid are receiving • large amount of pecuniary aid.
[Advertisement.)--liouowAY's Orman AND
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formidable evils induced by variable weather and Its attendant
impurities.