The Express.
London, England, 1850-05-08 00:00:00

SCOTLAND.

Tug LIBEITT or SPEWS QVLSTIOS. —The police
communion at B lineenth have. by • majority of sixteen to '
thineen, decided against allowing the judgeneat of the au-
gives:, in the polite court menet Meson. Russell ass Sleigh
to be 2efended in their same, or with the funds under their
contvie:, is the Dish C curt of Ju.ticiary, to which court
these pedestals hare appealed than thee, in the form of a
ncv• of suspension. This sots sets forth, that the libel did
not contain a specification of eirthastaaces relevant or salt-
tunic to support a (huge of breech of the peace, end that
the whsle proceedings against them were informal, illegal.
and cppreseive. The diseases will he immediately_ 'Aged
to the nee by Mr. hinxey, aye the CoLeivishaes Memory,
aotwitusteading the decides of the police bowl, and lade.
pi:facet of them; and the use will likely come on before
the High Courtin the cosine of a week or two. The hens-
sey step have also been taken for bringing the action of
damsges, at the butane, of Mr. Russell against the Lord
Provos.. belnve the Lo:d Ordinary at an early peri.4 of the
ennui' ennui of the civil seen.
SCaPICTED POlionlNO.—Some time since two
eagrameouse to G elaeltiels, and übtairied lodgings in a
house ta Johnstone',:bee. Their eLild turned eaddealy ill
fa the evening. and before morniag it was dead. The
mother, who exhibited .11 the symptoms of a real moaner,
meat to the taspector of the pose, ham whom she obtained
the aesaseary means to have tee child interred, which wee
Mine moordisigly in Ladttope sharehyard. The parties having
left, ao turtle r notice wall t.kea of the matter mail a few days
ego, when *small quintet °tartrate was found in the garde.
behind the house mane the child had died, and whine sadden
Mane WU immediately remembered, and doubts were at
i.e. raised as 010 the manner of the deceased's death. The
authorities having got bold of the rumour, the body was by
them taused to be disinterred, and the ProcaratoreFisal fee
Reabeargteltire weeded in Oalubiels for the purpose of
beestigating the matter, and tor that end the staunch of the
child wee carefully 'Remised by the two medical gentlemen
of the tows, whose opinion as to the presence of arsenic
beiag is Assume& was very decided, and it was despatched
to R4isbargh fee the purpose cot thing snail sod. A warraat
having been loud for the apprehension of the suspected
panes, named John Macarthur and his wife, they were
arrested two or three days ago et Atnwick.
Mt: Roan Ili AUCHTEKARDER.—A case of fratricide
ec:umd in the village of An:lntruder on Thursday e'er.
noon. A Mr. Jack. fuser in Gleneagles, after attending
the market which wee hel dada; the day, went into the
house of Mrs. Drummond, hie sister, who resides in Auer-
teruder, sad with whom a brother of Jack's also lodges,
mad there some words took piece between the two biothrrs
regarding some family matters which had n been sate
factonly settled ; when on • sudden, during the dispute,
Jack palled a spring dagger from his pocket, rushed upon
his brother, and stn' bed him to the heart. The unfortunate
man only survived for four or Set minutes, weigh shows that
the weapon must have entered some of the vital pare.
Jack was immeAstely apprehended and brought into Perth
by the railway in the evening. He was • number of years
ago confined for some time in a lunatic asylum.
THE Mi;lSDlLltitil DEART.—James Dairy, convicted
at the recent circuit court at Jedborgo, of the murder of
William Fairbeim, at Kele', and sentenced to death, has
been reveled, and will mow, it ie supposed, be traasported
for life.

SPORTING.

CHESTER SPRING MEETING.

CKESTIII, MONDAY Nl4lll%—The following horses cause
Is this swung:
Bc3et's lat.—The Knout, °oiliest, Decoy colt, Rybinsk',
Ckastrsy, sad Vanorusa.
Dawson's last.—Ellirrdale, !Wand, Priestess, French
eery, Magnet, Rerewion, Mark Tsp!,y, and Theory.
11"bblags's Lot.—Flatcatcher and Seignor of Rolderness.

RAW ittienteelliCt.

EQUITY COUlllB.7YrsTrmmT.

heroes Ve-rteIIANCIRLLOR Kenner Barre.
Tnowas C. AOATIIIOI4I.
Mr. Wieram and Mr. F. 11.0oldmi t supported a petition
mooted by a nest bi nd of (Write Notuep Thome., en
infant, 4 years old, for the appointment of a guardian daring
his minority, and prying that the respondent (who is the
(Aber of the infant) may b• restrained hem applying for a
habeas corpus to obtain custody of the infant's prunes ,_ or
from tithing fessibln means to obtain such custody. The
father is an inmate of the Appentone, and will (it is under-
stood) conduct his own ale. The petition was only partially
opened when the court twee.
BAIL COURT.—YEsTgRDAT.
drrneos en Bawoo.—Beroaa XL Juana Common.

THa QUEEN O. WATMOVOH.—CSIIIISAL
Sir F. ibesiger ssid be wm instructed to apply to his
lordship, on behalf of the Duchess of St. Alban's, for a rule
to show canes why a criminal information should not be
fit d against Fredrick Wstmough, for writing and pub.
licking certain libels, es displeased in the following state-
ment :—The late Duke of 81. Athena died on the 26th of
May in the last sear, leavings widow, the present duchess,
a son, the present duke (a minor), sad a daughter. At
the commencement of this year Frederick Watmough tom-
menced a series of annoyances, for the purples of extort-
ing mossy from the dachas. T. first wee • letter
addressed by him to her grace, dated the 31st of January,
in them terms:—

-
I beg to anima your pesos that Roue income of 2001. per annum
Y not paid to us so mud—that we feet ire at the Me -re. Comte, the
toaltere—l shall doeverytbing in my poser to mate the title become
extinct, ea I base been given to undermand that my mother, and
also the late duke's Saber, were married on hoard of ship, where be
was litutesent in the savy,
_mid had a son, who is sow living, and
coserquesrly is the right heir t i the Dukedom of St. Alban's, and
have no doubt he will be hosinnable enough to pay us our income, if
he hi wad* weilltintrd with the bets. My mother was also privately
overfed Whams Seaucterk, Doke of St. Albans, in the year 1707.
and consequently are entitled before the late duke. I have received
our income ham the fancily for upwards of 31 years, and I trust your
pram will ccmtinur.• to us our income, and put an end to this us•
ples•ant business. Waiting your grace's reply, ice.
The duchess toek n,i notice of this lets r, and on the Bth
February • second letter was written by this person. It was
in theme terms:—
I
wrote!, year grace on the Slit cf January, at your residence In
end teemed so answer. Me and my mother are in a
Marriae Mate. She I. upwards of 70 years of age. We sympathise
with your grace in the ims of tbeduke, whose mob it was that his
father's family should be provided for, and I trust your grace will
have the same coosideratou Is his father's family. Messrs. Gnats
and Co. are waiting your grace's order, to pay cur annuity of 2001. per
annum. We had Cad. a year, but his grace t roe off 2001., and
Crigbe would mate the other :COI. good; but I trust he is in a
i:dow where no sin Deigns. We have now due at Meant.
Coons bank lss/., and 1 trust your grace wit tavola me with an
answer, and order us to be paid, as we espect to be told up for
rent, fie.
' Tnis letter was treated by the &wherewith the same inatten-
tion as the fossesr one when she received a third letter,
dared Feb. 18, in theme isms:
Not having received Nov newer to my letter of the Bth of Februiry,
I am Weisel by the tollosiing gentlemen to apply to your grace again.
My mother was rates from Mt home and friends by William beau.
erk. Duke of St. Athos's, deceived, under the rge of IS yews, and
privately marred to him, by his own chaplain, to the you Dr, and
base •jum claim upon the busily for support; and the magistrates
my that gone income ant paid, :t is • disgrace to the peerage, and
ought to le hid Were the Queen and piddle. I trust your grace will
beim ms with an answer, sad ceder us to be pail—Signed by con-
sent, Chief Magistrate Panokiottentiam Park, Middlesex Rev. Mr.
Winter, Tottenham, Mid& sex ; Woodward, }eq., ToVenhars.
termer, Middlesex; Burnett, En., Poor Law Comrniedoser,
Tottenham, Middlesex; Brookshann, Faq.. solicitor, Tottenham.
The dot:hese upon receiving this letter, immediately fur.
warded it to dr. Harrison, who was secretary to her husband
the late disk., and in consequence o: Ur. Hanison making a
eonrimalcation to this individual, the latter addressed the
following 1. Mr to the duchess:
Feb. 22.—1 have received a letter from a fellow of the name of Her.
Amos, saying that any letters I direct to your 'Thee will be returned to
me emopened. I write to know If such is the cam. lam the sax of
William Ifiemelerk, Duke of St. Adam's, and have a right to a main.
teams from the Lundy, or the Luke of St. Alhan's had so right to
have ore, if be did sot intend to make a provision; and you may de.
peed upon it I will have one, or your grace will see what will follow.
Waltiog your grace's reply, be.
Soon after this, this person began to circulate a very libel-
lous hand-bill, by sending it to U. mss. Crafts, the hankers
of the duke, to his attorneys, the Messrs. Fre.htiAd, to
the clergyman of Redbourne, in Lincolnshire, the family
seat where the duke resides, to L sod Charles Beauclerk
(which letter was opened by Mr. Harrison); and c:pies had
also been mot to his Royal Highness Prince Albert, and to
hie Royal Highness the Duke of Cambridge, to Lord Yar-
bwough, and to several other persons. H. would read to
the wart this hill.

Frederick Ileauelerk, an of William Deenclerk, Duke of St. Al-
ban's (deceased), sod his mother, upwards of 70 years of Off, and her
three children, are is a Mervin kate, as the Duchess of It. Alhaa's
refs-es to pay their petty annudy, according to her late bushand's
wish and mom, of if or. per caution, tunterly 40e1. per ammo. mid
are now °bilged to appeal to the publla for relief. This lady has been •
member of tie at. Alban's family fur upwards of half • century (before
she wee li years of me, la the year II97), and now lett to starve.
Subscriptions will be thankfully received at the duke's son's resi-
dence. —Feminine:a Basteuaz, While Mut-lane, Tottenham,
Middesem
These las were accompanied ty letters which were sent
to the hankers end other pewits. Ile used only read ewe,
u they were very nearly similar. The following letter was
seat to the Meson. Coleus :
This is one of the most infamous cues that ever was committed by
an English nobleman, or came before the Briish public. This lady
wan not taken from poverty, but is brought to poverty ►by the said
duke. This lady wan privately married to the duke ey his own chap-
lain, Robert Palmer and the doeument since destroyed, the char -h
being his own at Emitioorne, in Lincolnshire. If this bad been a poor
mans family the money would have been taken out of his earnings.
As it is her Majesty has the power of taking a provision out of what
they receive from government and the country. They are also in
ponied= ef large e.tatee, and I have beard fmro legal authority that
there is plenty of more, to pay the dulo's family. If this ease was
Mil before her Majesty I have nu doubt that her Majesty would do
justice. This sae is wet knows to Mr. Putt" magistrate, lotten-
baimpark, Middlesex, who sins that it is • d*pasoe to the p. crage,
and ought to be Mil before her Majesty Root paid.-1 am. Gentlemen,
your obedient servant, F. Wait CLAIM.
White Ilart.lane, Tottenham, Middlesex, May I, 1930.
In the letter to Messes. Freshaeld tnere was this post-
script:—" We expect to be sold up for rent 151. on the Ist
of May. If so, there will be a pretty exposure." In the
letter to the ch rgyesan was added, "Yon are commanded
by the fit. Alban's family to wafer this bill on the church
door, and receive see scriptions and forward me the money.
This case is oleo laid befth • Royalty." It wee necessary for
him (Sir F. Thesiger) to explain shortly the circumstances
seder which this supposed claim arose. In 1827 the late
duke was married to Mrs. Conics, the widow of the banker.
Boon after this event, he was applied to on behalf of the
mother of Frederick Watmough, it bring represented to
him that tae late duke (his father) had bad intercourse with
her, and was the father of three children, of woom Frederick
Watmough was one. The late duke made inquiries upon
the subject, and amongst other persons he ascertained from
hie undo, the brother of his father, that there were some ,
grounds for supposing that the representation was well'
rounded, and that the father of the late duke had been
in the habit of making an allowance to this family.
Acc ,rditgly, the duke felt that it was paying a proper
I regard to his father's supposed wishes upon this subject to
make an allowance to this family. He began first by die-
trifuting 101., 201., and other sums of money; but aid.
stately he made an 'resentment, by which 2001. a year was
Ito be paid into Messrs. Coutta' bank to the account of Mr.
Heurison, who was to disburse the money to the family, first
to the mother, Mrs. Watmough, and then to the chilaren.
Twoof the children having died, and Frederick Watmoegh
being the survivor, the money win divided between hinesif
and his mother. Frederick Watmough having married a
portion of the money was given to him and his wife. Bub-
',queenly Frederick Watecongh deserted his wife and
Emily, who from thence continued te live apart from him.
On the late duke's death in 1849 he made a will, under
which the property of the duke was r.ow being administered
by the Court of Chancery ; so that, supposing that the
duchess and the preaut duke were even disposed to attend
to the wishes of the late duke, if any such had ever been ex-
pressed, they would have no power to make any allowance
out of the estate of the late duke. Bet the fact was, that no
wish of the kind had ever been expressed by the late duke,
nor was any order ever given that this percent should be
continued after his death. The duchess had from time to
time waisted the family of Frederick Watmough. It well
further steed in the affidavit, that Mrs. Watmough, the
mother, had for some time been married to a dissenting'
minister, who was still livie,g, and that she had had •
we. k.y allowance pad to her ever since the death of the
late duke. He (Sir F. Thesiger) need scarcely state the
annoyances that were occuioned to the duelled. by
being mulled with libels of this description' which were
so industriously circulated by this individual. Her grace
had no power to put a atop to them except by asking for
the immediate interposition of this court. He trusted him
lordship would tonse'er that he bpd rated good grounds
for the criminal information he now asked.
Mr. Justice Coleridge—Do I understand the meaning of
the letters to be to affect at all the legitimacy of the present
duke ?
Sir F. Thesiger—Oh, certainly, my lord, then is a threat
of that kind.
Mr. Justice Coleridge—The mother is !till living, and is
said by this person to have been married to the late duko's
father, and have lad Wu, by him.
Sir F. Thesiger—ln fact, my lord, this Frederick Wet-
mouth claims to be the krue of the late duke's father. It is
aureoles matter, indeed.
Mr. Justice C deridge—ln that respect it is like the Duke
of Marlborough's case. You may take a rule.
Application granted.

COURT OF COMMON PLEAS.-YESTFRDAI.
ISnissma s. 13.70.—Iiwous Ma. JUNTICI CII.I.IIIIILL, Ml.

WILIJMon, MIAMI& hence TALPOONIA
COLUMN e. Loan rlaxenv Come/1004w —Action
AGAINST A PIO/VISIONAL COMMITTEEMAN.
This iIAS an acdon which had been brought against the
defendant as a provitienel committieman of the Doter,
Deal, and &uth Coast Railway, to recover the awn of 1101.,
paid as • deposit apon some shares which had been allotted
to We plaintiff. Mr. Jones, on bilvilf of the defendant, had
obtained a rule for judgment as in the ease of a notified, on
the 'mod that the ;Inane had not proci eded to trial.
Mr. Devitt now showed cause agaiiiat the rule, and told
that a the affairs 0: the railway e.ia,,,agy were bang wound
up alder the Windieg-up Act, the pinata thouebt that the
goiter was one which required first. t. be innetinatot by
• Metter in Cnaneery, as ti e pluiotiff was bi ing sued as a
contributory to the 'aide of the ay romia.47.
The Court said they were et opinion that the di fen lent
was not bait.' sued in the character of • cintribut. ry to the
feeds of the reslw .y compaey. The plaintiff must Inter
into a ~ereiapterj unileirakiog to try the cast at the .i lingo
after wilt term, and if I e failed to do an, the rule Per
jatlgment, se in e ise of • nunauit, would then be made
absolute.

COURT OF EXCHEQUER.—YSITZRDAT.
111101111 Mt. BARON ALDILIWON.
As this was the last day but one of term, Mr. Baca Al- I
derma sat in the Bache quer Chamber to hear motions.
CLANK V. O'CONNORL Z. NI NATIOD AL LAND
SCHAN
This was a rule obtained a fist days ago to quash a writ of '
prohibition *trained under these eiraumstauces. In the
=oath of February last a plaint was entered in the County
Court of Northampton, for the money of the sus of 4i.1191. 94. '
Woes the debendant Mr. Fontenot O'Connor, Y. P., as money
had and received by him to the use of the plaintiff. The
matter owns ea for hearing before the judge of the
County Court in the month of March following,
when it appeared that tile plaintiff was one of the
&Holten of the Bides's! Lend Company, of which the de
fondant is director. The plaintiff had paid 61.41. for four
sham is the eomptar, and it was admitted that that sum
had reached the hands of the defendant, who was also
treasurer. Ia defence it was urged that the National Lead
COW any was in the nature of a co-partnership, and that
the learned judge had no jurisdiction, as the plaintiff and
defendant were partners, and the sum sought to be re-
covered was not a balance of any settled or liquidated
partnership account between them. he objection was, how-
ever, overruled, and an order was made on the defendant
fee payment of the sum demanded and 71.81. Id. for coil.
The titifeodent then obtained a writ of prohibition from the
petty tog office, commanding the judge of the county court
to stay all procee Bogs upon the decree pronounced by him.
Esention having bee n stayed accordingly, a rule was ob
tallied in this court, early in the present term, calling on
the defendant to chow cause why the writ of prohibition
should not be quwhed upon (be ground that it had teen
issued im aeovitiently, and that the judge of the county
court had urisdiction in the matter.
Mr. Hayes now moved to make the rule absolute,
no notice having been given that came would be
shown. By the 12 and 13 Victoria, et. 109, the supe-
rior common law courts had authority to quash a writ of
prohibition issued from the petty bog office. In the case
of " Beddeley v. Denton" (19 " Low J ,urnal," p. 441, it
was held that a writ of prohibition issued out of the Court
of Chancery was a proceeding within the meaning of this
act, and that a motion to set aside the writ logy be made is
either of the superior courts at Westminster. In the present,
ease the writ had issued upon an ea p.rte application; but
when the facts were examined, it was clear that the county
court judge had jurisdiction to make the order.
Mr. Baron Alderson asked whether prohibition% were
issued hy any court without having both parties Wore them.
Mr. Hayes said that prohibitions might be obtained upon
es parte applications, upon the common law side of the
petty bag office.
Mr. Baron Alderson—Then I am surprised they have
not applied there is the case of " Gorham v. the Bishop of
Esettr." (Laughter.)
Mr. Hayes—Pettit/is the petty bar office was not con-
sidered of sufficient dignity for that crest ewes. However,
the writ was issued in the present case upon en ex parte
application, although in point of fact the judge of the county
court had not eseeeded the authority which the Let of par-
liament had given him.
Mr. Baron Alderson said as no cause was shown against
the rule, it ought to be made absolute upon the authority of
the case cited.
The rule was made absolute accordingly.

CONSISTORY COURT.—Yerrumt.
RIPORS DA. LTIIIIIOGTOP.
Tel EARL or LINCOLN AGAINST TER COUNTESS OF
LINCOLN —ADULTEZY.
This was a suit for a divorce, by vason or adultery, pro-
moted by the Et rl of Lincoln, spinet his wife, the Countess
of Lincoln.
The Queen's Advocate we. about to open the use on behalf
of the husband. when
Dr. lignard said, on the put of the wife, be could not
resist the evidence which had been brounht forward.
The Cann, therefore, pronounced for a divorce.

COURT OF BANKRUPTCY.—YESTERDAY.
Parise Ma. COWMieeleelte fteneern.
Ix RII WOOD —THE FARKING MAID!
Charles Wood, butcher, tallow-chandler, and farmer, of
Ditchling, flaw:, applied for his certificate. His uns, cured
debts were 2,0121. ; assets about 3281. Farther debts to
mortgage creditors, amounting to 7071, were secured by
property estimated to be worth 9001. Against 1 6341. of
profits, there appeared 1,6781. as trade expenses, 4i61. as
domestic and personal expenses, 9181. as levees, and 26 W. as
interest. The accounts extended ever four years and a half
Mr. Lucas opposed, for the assignees, principally on the
ground of the bankrupt having improperly defended en
action, and having allowed his expenses greatly to exceed his
profits.
The bankrupt, it appeared, had had an action brought
against him for a nuisance arising from his tillow-melting
works, at the suit of Mr. Buddiagton, surgeon; he bed di-
fended the action, which went to arbitration, and 171. da-
mages were awarded to the pl tintiff. The costs amounted
to 3001, the whole of which fell on the bankrupt, and to
defray which he had borrowed money on mortgage.
Mr. Linkleter urged on has behalf that the nuisance was
no greater than was necessarily occasined by the tallow
business; that his trade had been injured by the ri ilway,
and that the domestic expenditure had been exceedingly
=aerate. In the last four years the profits of the tallow
trade, on which alone the loss arose, had been reduced 30 or
35 per cent. In the farming business his profits had ex-
ceeded his expenditure. When premed by a particular cre-
ditor, he had offered a composition of Is. in the pound. and
then made an assignment to prevent his property being
sweot away.
His Honour did not think the bankrupt blameable for de.
fending the action brought against hi= for a nuisance. His
business had been coomenced in 1842, and the action lied
not been brought till four pan after. He could
not infer that the defence was vexatious breast*
it did not succeed. The domestic expenses had been ex-
tremely moderate, nor were the trade expenses excessive.'
He was glad to notice one feature in this case,—that of •
farm being • d on profitably in the present day.—a
fact which it must be ratifactory to oil to learn. The
balance.theet showed that the bankrupt's farming bad been
much more profitable than his butcher's busier... He was
blameable in having resisted Mr. Ewing's claim, and for
having borrowed money from one creditor to pay another.
All things considered, the certificate must be suspended
three months; when granted to be of the secind class.
Protection was given.
As • matter of interest to our agricultural friend', we sub-
join, in detail, that portion of the bankrupt's balance-sheet
which related to his farming, and ro which his Honour re-
ferred as a cheering circumstance in the present state of
agriculture:—
Da.
Jan. 1, 1146.—T0 stock 1a bawd at this date :
Pip 7 14 0
Heifer ll 3 0
Omit
Hay 26 0 0
56 19 0
. Purchases from tot pada tolanuary 7, 1650...1,26.i 15 6
Bs/sace

Z B. d.

2,252 1 0

By mien during this period. inctodhur live stack 1,777 16 4
Keep of three bonen for butchers' Maisel.
Goods cowurned in home lO 0 0
stock wild by landlord under a distraint foe rent,
since the petition
Growing crops and manure on land at the date of
the petition
Lire nod dead farming stock on land at the date
of tne petition l7 13 •

2,232 1 0

'ER COUNTY COURT.-YESTERDAY.
BII7OIIFHANCIS BATLEY, Eft.
HOOPER V. 8611.11,04T._

This came, whiet has been reported in the Express,
was decided yesterday, his Honour giving juigment in
favour of the plaintiff for the whole amount said for.

CENTRAL csumnvAL COURT.

OLD COURT.-YESTIMDAY.
8111011.11 TU. RICOMDIII.
CONIII.IIIACY,

F. Cnut, 30, was indittedlor aMisdemeanour in tinkle.
filly conspiring with another penon named Burnell, net in
memodv, to emort money from Josephlon, by Wooly
• him of keeping a disorthrly house. Mr. %Ilan
Use and Mr. Huddleetone were for the promeution. Mr.
Clarkson was for the defendant.
_

The nature of the misdemeanour imputed to the prisoner
and the other man mentioned in the intlictm.nt was, that
they had included the prosecutor in an indictment againat
several persons for keeping a brothel, and it appeared that
so far as the prosecutor was concerned there was no founda-
tion whatever for the charge, which had evidently been made
partly from a desire to punish him for having thwarted the
prison, r and other membets if the gang with whom he was
consented, in their attempts to carry on this system of
extortion, and partly to extort money from him by way of
compromise. The details are, of coulee, not of a character
flt for publication.
The jury found the prisoner guilty, and he was sentenced
to be imprisoned In the Westminster Bridewell for one year.