The Express.
London, England, 1850-11-22 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 22, 1850.

RAW intelligence.

EQUITY COURTS.—YISTEILDIT.
looms me Law OuloceLW&
V. TIM LIST AIIOMAX RAILWAT COMTLIT
EISCIITION—CSIDITOIL 131131/17

Ce=awn.
SO B. Palmer 'eked to be perndthed, befogs his lordship
gave his juffirment on the nudism is this muse, to expose
ilot regret of the sheriff of Norfolk for having lallesd the
iiepleemsre of the court, and to read aa 'Ada* en behalf
of his officers, modeling their apology for what tilitip had
dom. The effilavit loss made b wed T•jlor, dimentlfflm
iissesodea of the property seisedr the essoMfame mid
Mated that he bed heard with pals the usserehris hp
the court daring the Grimmest ea the sheriff and eagrega
sad declared that the creditors (Bowles and Co.l ea whim
behONG icia slf;
the sucut the first:wiser' was made, did sot sot in celbodsa With
F creditor Mike mond seism% nut WIMP 4
they ieduced to make the gaiters with a view to the puma&
age. He attain expreued his regret that the mitre
been made at s'l, and said it was made only from mar that
the property would be withdrawn from the bailiwick.
The Lend Cbasseellor thee proceeded to give hi, judgment
OS the first motion (which involved the seisms ewes under
the execution at the suit of Bowles and Co.). It was
motion brought before him by way of appeal from an order
made by Vice Chsioellor Knight Brace, and the spplication
was to discharge that order, and to make en order to commit
the sheriff and his officers for seizing, under a writ of fi. fa.,
the goods and effects of the company is the possession of she
receiver of this court, er.der se order of the court, made is
the came. It appeared that this order had been duly tram.
milted to the uud. raheriff, but he, by way of defence, eased
the% having seises' trensectious in the way of business with
the railway company, he believed the order was transmitted
to him to give him information of it in that character, and
not in his capacity of sheriff. Although no explanation or
informatios was transmitted with the order for the receiver,
stating that it wee sent to him, it aught to have
under-sheriff, occur-
red hint that it was probebffi it was OUlt to him
me and he ought to have sent it te
the gentles= who acted for bon as under. sheriff.
It appeared he did not himself act is under-she.
✓iff. However, the order apointiog the receiver was
eat to Inca on the 2nd of July, and on the 6th he re-
*wired the writ of fi. fa., at the suit of Bowles and Co.,
having at that um". notice (rum the officer of this court of
the order appointing the receiver, and under which the re-
miter
was in possession of the reopen! of the company.
Instead of r. sowing the property to the custody of the re
eeiver when int.osted of the order by him, the undeusheriff
summoord him to go before a judge and interplead sod
show that he had a right to remain in possession. The re
mint very properly declined to obey that summons Si to
@IOWA to the jurisdietioa of any other court then that under
which he hod b ',en appointed. If be bad obeyed the lem-
mas tO interple.id, the result woull be to bring this court
wad thecourt of law into a coefliet of jurisdiction. The
esiamons, Lowe:tee, woe not withdrawn, but kept over the
officer of this court. Then came the motion before the
court b, low to commit the sheriff and his officer.. The
answer made to that motion was that, though they were
aware of the order for appointiog the receiver, they
thought that order was ill 'deleted, and ought not to have
been made. That was the answer opposed to the motion to
commit. On the other side, it was said that the sheriff and
officers were aware of the order of this court, and that the
dikes in peasession was acting in hie duty under that order ;
mad if it wee an ill-sdrised order the parties; ought to have
come to that count and complained of the obtrudes to the
exuatioa of the writ. The Vice-Chancellor appeared to
have entertained doubts—and well rounded doubts—of the
propriety of the ceder to the receiver; but still he was of
opinioa—and his lordship agreed in that opinion—that that
motion was not the proper occasion to dimas the propriety
of the order, and his Honour said that if the plaintiffs or
other parties to the suit would bring into court the amount
of the execution creditor's debt, he would at once make the
order as naked; but, on their declining to do the', his
Honour refused tbe application, and thought that the sheriff
should have his mete of that motion, leaving it tolet=ro
the isms of the mass who should pay them
Then came the appeal motion before this court, sad urea
that the same defence was made for the sheriff sad
his officers that was made in the court belong,
and upon that his lordship, without differing from the order
of the Vice-Chancellor, was clearly of opinion that the
sheriff was wholly in the wring. His lordship had, in the
course of the argument, and user, looked into ill the au-
thorities on the subject, but did set think it proper to spend
the time of the court in going through them ; but to would
repeat his opinion, that upon these outkotitiee, applied to the
circumstances of thistles, it was sot competent for the sheriff
or any person to disobey any order of this court, on the
ground that sub order wee improperly or una oneeffiy made.
A petty mast first obey the order, and then take the proper
coons of asking his cemplaint of it. It was a first and
universal rule that the order must be obeyed. The Macon
appointed by orders of this court must have the security teat
they are acting under the protection of the court. The court
is bound to protect them, aid no one is to be allowed to
dimbey the court's orates. In this case it was open to the
party proceeding on the judgment at law to apply to this
court to come in and be examined pro internee suo, or to be
allowed to levy his execution. There were many cases cited is
which the latter tOraTIO had been adopted successfully. le
one sees where a party was about to disdain for rent, but
the officer of this wart wss in poesoisioe, the former applied
to the court, and he was allowed to levy his diem's. In
another case mime the distress had been actually made, the
court, on the applicatiso and showing good grounds,
ordered the receiver to pay the rent ; and it is a general
principle of this court that it is always competent for a party
aff.sted by its ord. nto apply to the trial. In this case,
them was not any justification of the seizure by the sheriff
or andersherith The gentlemen who take on themselves
the eseeution of that office must be tneleiently aware of
the nature of the responsablity of it, and 01 coarse that
they should not do what was done in this case. His lordship
could not conceive any Mato of eiretitastanees that could jus-
tify this act, and worse still was it to summon the officer of
this court to appear and into/plead in another court. He
felt'coosiderably relayed by the statement which had been
just stade to the court on behalf of the sheriff and his officers,
to the effort that they regretted this act, and were
willing to submit to the court. Agreeing with the Vice.
Chancellor that otd..re on motions to punish parties
in elate of this kiad was in the discretion of the court, he
thought tb. re was a limit to that discretion. and that in all
cases the authority of the court must be sustained. He had
uo beeitaiioa to order the sheriff and his officers to withdraw
from the possession, and to pay the costs of the motion in the
court below. It wee the duty of the court to protect Its own
officers, and also the sheriff whoa be acted In &Winos to
terms orders. He abstained from making any observations
on the objections that were made against the order for the
receiver. The parties affected will have leave to spply to the
court in that matter. The order which his lordship would
pronounce would be—first, that the sheriff and his officers
should withdraw trout the pcssession of the goods, chattels,
dc., which they had seised under the writ of execution, and
that they remote them to the receiver; that the sheriff do
forbear henceforward from Wafering with theposeession of
the receiver, and that he pay the costs of the semen and the
costa of the application to the Vice Chancellor ; that he, the
sheriff. be enjoined from any proceedings to compel the re.
mien to Inwrplead, and that the plaintiff at law be enjoined
from taking any proceedings against the sheriff ; that
the sheriff pay the coats of the summons to ioterplead
without prejudice to any application of the plaintiff
at law to come in to be examined pro interns. suo,
and, in order that the plaintiff at law may act be
damaged, the receiver should k.ep within the bailiwick
goods of the company equal in value to those seined by
the sheriff and if the patties should differ as to the value,
then it should be referred to the master to ascertain It. By
that order the officer of the court would be protected, the
sheriff would be indemnified, and the plaudiff at law would
be left to hts remedy by application to the court without
prejudice.
Mr. Rolt.—The order leaves the plaintiff at law at liberty
to bring the propriety of the order for the receiver before the
court immediately.
The Lord Chancellor.—Yes.
Mr. Koh —Thou all that remains is to ask for the costs of
the plaintiff at law In this motion. He was served with
notice to appose.
Tea Lord Cleaseellor.—The motion was not to commit
him. He came to rapport the acts of the sheriff. lie might
have sppeered and ateu his bow of submission to the court.
He was sot called on to do more than appear.
Mr. R. Palmer.—By the order just made the receiver is to
keep the goods in the bailiwick of Norfolk for fourteen
days, to give the plaintiff tint. to apply to complain of the
order app Astra( Um receiver.
The Lord Chancellor after hearing shortly the counsel
en botleides, said the plaintiff might have till the second
day of next term to prepare his motion to discharge the
orator for the receiver, who was to retain the goods on the
bailiwick till then.
His lordship said, as to the mead mottos, made on Tam-
day, to commit the sheriff and his Ames Ina the seizure at
the suit of Mr. Foster, he sould not bit feel eurprieed at
the Interference of the dud, with the reeelmr after what
was end in this mart ea the Int modes stalest him. He
and bis officers, 'wised of
levity mid theyto the see" with great
would takea=esse with Ibis curt, bet
would pay implicit *bedtime to the OMIT of the comma
law court. This court, m w lemhblp said before, was
booed to protect its *Mem 'eft& oiler its ordsts in the
mead= of their duty. The ;all's caws acted ex-
tremely wrong ia madam the owed misers while the ma-
ton to Comma fir the Mt misers war priedlag. His lord-
ship bad given duo weight to what am mat Ice their emus.
They thought that the dlriiea Of the Tic•Chaacellor ea
other motion would mesa lam To that impression kis
lordship would give egad, se ler II sot to commit
them, but he would make an *CZ them to withdraw,
as he did in the other' ease, they were agility
of very bad conduct. They hand the ' testa ready to
start at half-peat eight In the mail& ill lbw.' they
_wore
told there was property aeon% le mower Moir writ wlimeM
the mintage, la that ma* *op ettll Wool ea thin. The
saw of the mat wee them la a dillealt port•hevat.bal
altpl WI properly to sum isolotiog
male, ta this ems, ea ogee Mager itilteibliirref radar ea:
eePt that laths plated! la Ilte •
win' 1* this cows he mold selslZ.Thewieshtfaskusthe Ukethe
secuslty against him.
Marmous e,goofs,Tlds part-heard
Attorney-General, 341sigw" " the aPPUtadell of the
Tr. AreOlthilf.ollWlDAS, el! sruhatun Eldhaaay.4 Had lid
Man,waT Coarazi.—bsimacrnow —8
BM P. Men sad 'other sommei were.heeadarS42llB.Limiime eti
le lately awls la tidetagelar
Illnet the hen Wag ma b.
wad 'wag_ their testes maw
'road at the semeal Ice *Am a
="alea thew. In meba of So
i 4 110 " a
tit pulp*

ths saqststration beyond Saturday Best. Tao arguments
Wars at tine o'clock adjourned to this day. Tao fasts of
tt s ars ware fully reported
tsca tie
Viss•Chaseslisa's
Coact lost week.

COURT OF QUEEN'S BENCH.—Year Mar.
armee nUnw—eneona Lowe Careraws, Ida. Jeffries Ors.
amens, Ma. Josue Manaus, ass Ma. Jaren lass
Tos Quinn ir. teas Raw. Cmaarme lisiavon.—Camminos
lirsennuatox.-11rwatmout Casa
Sir F. Thaler, said is this case he had to how tease
epithet • rale whisk had been obtained by Mr. Hill, foe •
crimisal laicisation spinet the Rev. Chula Banos, who
wsa the DOWN of Selby, in Lincolnshire, and a magistrate
for the 'peaty. This iaarmation was applied foe against
him is respect or masa misdemeanours, to hays
been committed by his aulawially, wrongalliXasad era
nary to his duty; hindering, and preventing sal
delaying the due takiag of a certain deelustjw of
coo Robert Thempos, against Jolla Sachinemo by
dim:amiss with one William Clayton*, an. attorney ass
cl. rk to the magistrates, anti! the add B sset neaps'', by
reason of the Wanes which be _al, Weems imemirible
and unable to eeto his exemaistisB sad IDA his &-
elastics. YtteMmef mai aim elmeged Wish having Imo
low fully sad essmarl to his duty assiseset ft sibalabbsq or
nun to be say calk te the said Robert
Thompeon, or se mods lee said Baleen Thimpeem *at Ims
us. In a dying elnee, sod had elm, in the peeneree sad
hearing of the mid LAO Tisempros, who woe ihm
adoring great Clestaffiming. quarrelled and
ad
puted wth *seal , and that wilfully emi
maliciously gieweelimpt hime=litteleg his deny se emu
clerk, and imasleg mesh iheing, ding which time
ton wee sensible and able to seemer the question=
could have been put to hist leasehieg the charge egainstFelem
Sanderson, sad whereby he beams insemible and inimpahla
of completing his emminadon. These charges were NT-
tainly of a very serious character, sad he (Sir F. T=
tossed that he should be able to sathify, their i
that they were wholly without foundation, and had me.
doubtedly been preferred on escoast of the very strong Nil
fag entertained by Mr. Graylanne, the clerk to the at*s
Crates, and although of coarse if the truth of Ihi;ere=
cold be estabildeed, the motives of the mom
them were wholly immaterial, yet if their load*
were saddled that there was some larking
of malice, they wooed distrust the statement late=
a person might make. The circumstances whisk gum dee
to the examiestioa in respect of whist' the Manes were
made wore these. A person named Sanderson, residing la
a place called Banos, in Lincolnshire, on the 12th el
August last was in bed, what he heard some penes a
persons outside his house throwing stones at his +Wash
Ha mese from his bed, went to the window, sad lea SIM
penes' throwleg stones. He remosarsted with tarm, and
told them that he would call for the police. Thine
however, continued their violence on which be pertly
himself, was about to proceed- down Main, obis lie
wife recommended him to take a stick with him. 10
was paeans his frost room, and wait in end seeMbeil
up a poker which was at hand, and went to dr
persons outside. An altercation Lk: n took plass be-
tween them, a scuffle ensued, and ultimately Thaw
too, who was reprevented by Bandana as one 04 as
inotviduals golallii:tiog this violence, was struck by_ffiles
Orson violently oa the bud with the pi her, upon wid* be
i became insensible, was ameba to his hones, and died es the
filet of August in this year. Bandana was immediately
apprehended for the endow assault on Thompson on the
13in of August, and Mr. Barton, who for 16 or 17 years
had been in the commission of the peace for the coolly of
Lincoln, was met by a person named Gee who was clerk le
Mr. Orayburne the magistrates' clerk, ad was told of the
amok which bad been committed. He was also informed that
the meantime who usually acted In that district were
has home, ad he was requested to take the examinatisa
aping Bandealen. with a yaw to his being committed te
prima to take bit trial for the asssult. Mr. Barba weed
to de se, sad ea &Addison being brought before him, re.
mated him le prison until the 19th of August. Mr. Gee
tall Mu. Baum that the wounded man, aasordins to the
opiate& of biomedical attendant, was improving in health,
sad that he thought he would be able to have his amber
tion taken on the following Friday or Saturday. Mr. Bobs
had also seen the medical attendant of the poor mu, sad be
informed him that Thompson was ;gradually getting
better. Mr. Barton stated that he was going to
Hull en the Saturday, and that he would mas
to Barton, when Thompson lived, on his way ken
examination of Thompson onlived his, way to Hall. He said
he should probably start from Barton he Hull by the 66
minutes past 11 o'clock train in the morning. Mr. Gee said
he would attend at the railway station at this time on Satur-
day, and accordingly Mr. Barton on that day arrived a lithe
before 11 o'clock at Banos, to his way to Hall. He did not
as Mr. Gee at the railway ratios, but Thompson's house
being but firs minutes' walk from the station, he went
on to it, and arrived there about five minutes before
11 o'clock. He found no one there except a Mr. Oliver,
Thompsoa's brother is-law, although from the appointment
I made by Mr. OH, Its had expected that Mr. (imbues
would be there for the purpose of assisting in the exude&
:ion. Mr. Barton, whose time was valuable, and vibe had
driven two ladies frost his house at 8 :by, Intending M Mks
them to Hull, and to bring them b ick assist. after remising
Or nearly three quarters of au hour at Thompeon's home,
was obliged to leave, as he lassoing to Hull by the tab
1 which started at 6 minion to 12 o'clock. Mr. Baron all
Mr. Oliver when he left that he could not wait any loupe
e
but that he would be bock again at 20 Wastes to 0 o'clock in '
the evening, and would then use to the house. Ac-
cordingly, at a quarter to 6 o'clock, he spa strived
at Thompson's house from the railway station. He (Sir F.
Thesiger) was anzioua that Mr. Grayburne should tell his
own story, and he would state to their lordships what that
genleinan said with regard to a short and hurried interview
which he had with Mr. Barton at the railway station before
he started for Hull. The learned counsel then proceeded to
read the affi lavit of Mr. Grayburne, which was to the effect
that the deponent had been informed, on mohair Thomp-
son's house in the morning, that Mr. Barton had
agreed to return there at a quarter past six o'clock
in the evening. The deponent then proceeded to the
railway station abets he saw Mr. Barton, who appeared to
be much out of humour, and asked him whether or not a
quarter-past six was the time fixed for taking the examine-
mon. Mr. Barton turned his head away and muttered
"Yee." He (Sir P. Thesiger) would now state what'
actually occurred. There was no train which arrived at
Balton after the twenty minutia before six o'clock
Male, until the me which got there at wen o'clock,
sad therefore it was not probable that Mr. Barton
would have eppolotad a quarter after sit, instead
of a quarter before six, for taking the examination.
Mr. Barton In his affidavit stated that when he came to the
statism Mr. Orej barns amostod him, and put his hand upon
his shoulder and asked him what was the time fixed for the
meirdment, urea which he (Mr. Barton) mid, " I told
1191911 (messing Kr. Oliver) a quarter before six o'clock."
' Ti. in was that the train was just about to start, and he had
emeemand Mr. Oraybarne rather hastily, bat not In an on.
math or uncivil newer. At twenty minutes to six o'clock
In the easing the defendant taunted to Barton, end base-
!lately proceeded to Tholapsoe's home. He gaud so one
there. Hs had brought the two ladies with whoa he was to
drive from Barton to kis home at Suby a diatoms Unix miles.
He was obliged to leave these ladies In a shop, when they
had to wait for him. He remained at Thompeos's house
for twenty-five minutes before Mr. (Imbues made his
=aal to take the examination. He (Sir F. Thesiger)
, however, mention that all the other persons were
film Tin., the attorney for the prosecution, the primer
Illendenea, a mennamed Suby, the superintendent of the
pollee, gad an attorney who attended on behalf of San.
Berson. Mr. Grayburne did not arrive until ten mi-
nutes put six o'clock, when be stand that he bad supposed
Me examisatioa wm fixed for a quarter past six. Now
he (Sir F. Thseigar) would take up the statentent of Gray-
barns as to what took plus on the evening of that day, and
on which the charge was founded, sad he ventured to call
Buie babble attention to the manifest feeling displayed
In ihe male he with Graybarns had made the whole of the
mates asedeieed is the affidavit. He mid that he came
inta =gap es's hum at 10 minutes past 6 o'clock, whoa
the gebehat via standing the street door. After some
essailinlieli with a Mr. ultra, the attorney fee the pro-
esealleekamil • Kr. Hindu, the attorney foe the pri-
se/sat neaderea! with refereoes to the mode in
"lift the examination should be taken, Mr. (Im-
bues entered the has.. The outer street deco
into dying sae, room, and the defendant was
at the feel of the bed, whilst Mr. Wilkinson, the
estsadomt, was at the head of the bed with Thump-
an bead ruble apes his arm. Three oe four more pen-
ises uses la the Nom sal be (Mr. Oneness) meted him-
self st a table at the fees of die bed, in order to be ready to
take the examination down in writing. Mr. Bence then
addressed lam, Baying " I have bass weitieg here sere than
hell sa hour, sad I did tlbliaarge this meeting. You are
always laseltbe tar-iesalt upon lasalt." He (Yr. I
Olglemse) they said, "Mr. Berme, yes are mar
12:1.a quarter •past aim Volock wee the berm
" Mr. Barton replied, "It le now a gessites
Ea ; yen are adding Weak to built." He (Mr. Casp-
ar suggested that es the dying mu Was failld-
wide *evoke and mama of his mailed Madan%
it asahl he advisable to lot him mit the rissetimme. For three
or gent Wastes he had no reply, sad he .pia essestel his
gearaset es Mr. Butes, who at lest repllad and said, " I
stop what qmatioes I think proper whims tube
di to by you." The atomisation am then }re-
seeded with, the medial man petting the tandem le
Thompson. As lam, es Mr. W Ukases said Mee Ibepear
man woe hems* woes, the szaminatioa was ssssiiL
Mr. Omission then read the examiudea ma is
Thomism, sal Mr. Barba, whoa it was seseinded. and
whilst he weedy* it, said, la an nada Isese," MA Grays
balm, why de yea iamb me sad set apologia t " He
(Mr. Orihime) them said, " If I have agenieved you, Mr.
Banta, )'am ferry foe it, but a quarter peat via was the
time." Mr. Barba thee exclaimed ex oluaily, "Now he
Lem apologised sad I, am satisfied." The atOdadt of Mr.
Grayboue than mat on to state some eireemetauees to
whisk tbe depeased attributed make qa tbe pet of Mrs
Berle.. Ng. Gesyliente in Ms Aiwa .11 ibet be bad
bodedll_ Mani dftemed*_., **SE Dietes tor
didllN rd MN. sat ladd as lM
iolo:L le temenstrete
wikh hill el twe mad egele in 1831,
ou WNW et sew adellitat er temper.
Oa MS asembit lavbir his. pMagst
are, ma 4a samba and= inktigr. brim
wiped fa • dig. 4 Numpinaillboisa.....
...0•••••••••02; 12
motste:. •Iglibisibilid,lim sal/
tr. magma eaneerabs. dle MP 'lndTaiddli
int with evil le ble Wing asoateise as
in ordahe dYitaolweart4 "lilt ldirt:sth ; soil►Zireseilla'
to his eedidea to lb. emmiimilltriem 1
lar!,11/. Orelharse WO ifielll46
pas
lib et, tq
' /1"11° Wal 84,11114 bl thei 'lnlk?

each. Bandana shoat& en affidavit cosseralag the ex-
Natation el end hemmed that he thought that U
Thompus Main liadered with he would have media
• diarist filamagat, nod that he (Sanderson) wall hot
have hem heed guilty of manslaughter by the sorton's
jury. la stallar pen of Mr. Grayburse's &Mnic there
wee In be est Ike real restos why this
' eine bereselP @Omit Mr. Barton' far it
Wee tuna flesebasee maned the James,
Migentea_ the emiseike Timm= a evident,
W tttw Waal by the anew ea Mein of no oath having
bin endebeed le hies is (air F. Ungar) would
goo ail Igoe egehipe• attention to Mr. Barton's affi-
dakis==sal would be found perfectly swis'ectory.
The *se premed so real the efildmit of
Mr. Deetee is rehidi Int oweense laves spoken
in a esseesieus mmerie far. *gloms either at the
railway mire se anus M mantlesere et Thompson. The
affidavit metre to gigs dist this was the lout aesseire apon
wide dr ilipment bei here Med upon es take the dem.
idea af a Maim% be gm megadated wie
sow hem a due is sash me, and no
one bed saggeied r that it wee WNW my either
to maks the dykes mesa Se to adainieter an oath
to lie Beer Berg away he had serterly sug-
gested pee be eight to have ea apology frogs Mr.
Graybetes hasping him waltiag, aid- when that pa-
tinas neellahlag It to (Mr. Barton) interrupted
i his tad
expeemeel Mori perfeetly eatidled, hat did sot do so n an
mites maser. The affidavit of Mr. Barton also stated
that lathe count of the examinatioa Mr. Grayburne had
sassed round to the persons pneent, and said in • loud
voice, " This is owing to pentad pique." Tin learned
mussel 0011eladed by saying that he trusted that their lord-
ships, on a careful tossideration of all the circumstantes of
this owe, would tome to the conclusion that Mr. Barton was
sot semated by any improper or malicious aunts, or had
hese of • dereliction of his duty for the pupa of
his mallet, and if their loMthips taw that thus
111= had been made without low:dation, them they would
costa fall open the person who lad made the
&Ma,
Mr. Willows followed as the same side.
' Kr. K. D. Hill, Q.O ,in support of the rule, said the
question yes not whetter then bad been any abut of Julia
in this matter, but whether Mr. Banta had tondtwod him-
self in the exercise of his office in a manner that showed he
acted under the Winona of bsd passius. The manner in
which he had andnewid himself doting the examination
of Thompson was at all events greatly to be
lamented, and concerning what took place at that
interview, Mr. Barton's statement was entirely un•
corroborated, whilst Mr. Gray barns was supported by other
effineits. Both Mr. Hindu and Sanderson stated that
the mode ia which Mr. Barton Conducted himself prdaad
a most painful impression.
for SHe
Sanderson. Hill). was not mantel
for Mr. °rollout', but •on The question
was, whether Mr. Barton did not, by giving way to evil
passions and to ill-temper, so conduct this examination that
he bad committed a dereliction of cis duty as a magistrate,
is giving way to those angry feelings which oaght never
to sway a magistrate in the execution of his duty.
Lord Campbell said he • son of opinion that this rule ought
to be discharged. He thought *et his brother Pinteson
bad dons well 'in granting • rule to show cause,
as a magistrate was amenable to the criminal law of the
country, although he might not tait sonatted by any motive
of pecuniary interest, or by any =Moss failing. If,
however, he gave way to hi. bad pensions whilst acting as •
megawatt, whereby justice was prevented or obstructed, is
his (Lord Campbell's) opinion he was guilty of • misde-
meanour, and the court would interfere is lajing the cue
Won a jury. Bat the court were of opinion that tin grounds
on whith the rule was granted had entirely failed, now that
cause had been shown against it. He (Lord Campbell)
would not say that Mr.Bsnon had conducted him& through-
out with' period propriety, for .he would have done batter,
when he came to take the examination, to have said nothing
about his disappointment ; but it most be remembered that
he had twice made an sppolntment with the magistrates'
clerk, and the sand time he had waited for 26 minutia.
The magistrates' clerk then, in a most insulting manner,
said that " this was all owing to private pique." He (Lord
Cam Pill) said not say that Mr. Barton bad given way to
Ws lad gamine In a manner that would render him ail-
laphillie. The examination had hero conducted
Wholly
la the very that Grayatme himself suggested ; it
was ssetisord whir the dying man was eapabls of &comf-
it. the questions put to am and there was no
'
Men to suppcse that Kr. Barton iad at all obstructed the
ennaination, or that Sanderson had suffered trots his oct-
ant With regard to the caution not Miss been given,
and the oath not put, that was only an error of judgment,
and on that ground the court would never interfere. He
(Lord Campbell) thought that Grarbarne had conducted
himself with great impropriety, and had only sought this
epperetwaty of columniating a person against whom he had
a pamei rque. The epplication was not made in good
end trio a view to the proper administration of justice,
laimerely to gratify personal feeling. Hs (Lord Campbell)
was thenton of opinion that the rule ought to be discharged
with ads.
Toe rest of their lordships expressed a similar opinion.
Sir F. Thriver having salted his lordship if the cats
might be allowed to fall upon Mr. Grayburne,
Lwd Campbell said that the court would discharge the
rule generally with costs, and if any difficulty should arise,
Sanderson might apply to the can to have the oats paid by
°nutters*.
Rule discharged with oats.
Tan QUINN ON TUN PIOSICIITION or B. M. WILODX
AND 01111311 V. SKI PlOrallrolt AND PAINT= or TES
"DAILT Naves."--CIUsINAL loroamanon Pox Liezu
Toe Solleitoe-General said he had to mow for a rule to
show cause why a crimical information should net issue
against William Ring Hales, the printer sad publisher of
the Daily Nees and Mr. G. F. Smith, the registered pro-
orator, for bailie printed and published a libel upon B. M.
Vflicon, Esq, M.P., and two other gentlemen, who were
then of the managing directors of the Peninsular sad
Oriental Steam Navigation Company. The libel in quietus
appeared in the Daily News of the 29th October last. The
libel formed part of a lag article upon the affairs of the
Neiman and Oriental Steam Navigation Company,
and had also reference to stem counnuticauon to
Australia. The subject of steam navigation to Sin-
gapore, se far u the public discussion of the quo&
don was cotoerned, was undoubtedly within the pro-
vince of a newspaper, and they 'night have published
what they plead mantierning it; and if no personal attack
had bah made upon the directors the would have ban the
tut penes to dunk of troubling tapir lordships to Interfere.
la the stab In question, however, observation had has
made eissing upon the directors—nfleetieg upon their
hewer en istrmity, and they, therefore, felt themselves
I h NOM hitt a Court of justice to clear themselves
beeteekeginedime cast upon them. The Doily New having
Ortes a very alive part in the dionusion onterning steam as.
option, a letter was written by a somber of the company,
Mil was signed "Fair Play." That letter appeand in the
Daly New. and was • vulditatios of the conduct of the
ismy. The commeste of the editor were *panda to
Om Mier, tad silted that various itsupaints against the
eeter~kad wound In an Rest ladles sewspeper called
We arrhaww, published la Bap* Ain telleliesing that
or of the onspany's steamers did not p AM waeueli, they
aim to this matter is the snide." ea *ilia and
17th of July, we Rod the Hardens that the
Kaiak was to be sent home he spin, eel* Mkt have
bra equally well and lbw* eras at Calcutta.
With edema le ei gmedisa es Myers nerves
ebde eget be esegisted here al a pest sift no
ikon le the Pesiesekr ...sae Oriental Clompany, fa thee and
man Int tee Med gefer tee sake of rearlng to die
illetegist *drawings'?" Tide was ea East Indian word,
dish by reams. le *Mee dictionaries would he found to
than the Mega eel toreper pesquedtss taken by servants
midellemen traNNIIIVem in with they might be m-
i med es of their mestere. The word was oat that
was seis stern familiar la Ink. This Male amounted
ea s sheer seism the emits% that they hod semi le
dismeives hensigsr
en sei
lbat any nerd the ecospany Ism ends reels t
beim le ire reeked, lin they might ham beta dose eg ly
gill red la a nom Mew in India. The libel went
ea sm say, .• Win se Mesteades ef the maser in whisk
et beam of the wise bb thsesimaiere ht=
Mimeo are castled fir Os Is m& ef a Iser indi
was pt the mammal el Wein iste lemis lla the
amid ere, as rag es dm esesmay get a geed hene
gevename ad their espial lc inereating by this mesas,
sed 11=4Igaline limy dividends of 8 per sent with a
ling is west Mon seatingencies, the seseedoldsts
see get to • bat the jobbery deseribed is
atigr go as ask the Eatery ought not to
s
itemise
se
11 gi=sseit extrarmant same as
ew iltserryleg .erierroas pep
main min the esurry fadepoeileat SO a sossiderable
mimed thee esessmiset scathe alas whisk govern
thu simegnM sett ether menden ; en the slam
Maim Min nth being ee mama ageism
look tinily ea at • arm that mid sot he Minn
for a motet rider seer ereameleaces." Re (the
&Mass Oneral) MI the aletavite of ease tied torritoip
:zeirbsehish they mad that there Ina ad tie
•as tlitsisThey had set gery
=mane of Wampaay, wad Oka
bees a Ragland in prelates's to MY
she ef dieselses Oa the 17th e July *en
an mom Intik, whfabappared in the Meters, W the
,nbillbet the Deft* reas est ming to be repaired at al,
het elle Sea rift pal els sheet le
Meg
sesk idea therms as hedi =tie
thetibeetse Ilk enemy wise Yee
eyes of the almelehless ef the seedi.lll.ssiesse
e them gentlessa of the leant ale
me a ember el ymilamiest 4Mes abilti.t "ghee/
their shiserses NI bent ted a pablio as-'
ge viniethe Whig spire the Diolreperee he
bat they nay mar breed nem theyM dos
etromisiursielhkey.e.mnidealt
)bytteessa. 17easeastdlesptisireetemsesems.haddors
ant:
grant a lade.
Lord Campbell—Thus gentlemen having had this opper-
Witty to hay this isnansties, have dime se very amply,
sad we, thereto, think that the smut ought sot to gnat
a rah.
Bala refuse
Ranrue.—ln ear report of
append la the liteirees of Tuesday,
stated that Dan Pad are mad his finny -
'gash man of war Chdedoria, in
an It ahead have beer Jerry.
Ittnicsivz Piaider AT TEI
lealr.—Yesterday latormathe was re
dome ef the Metrepothas Nee, fret
Iperres r=basts the
tollsombetath
a ming aril 10 OM
g.. ha es oink vide is cm
Mid joy esne ist esplaned,
WROSIPOr 1101114.0

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