The Express.
London, England, 1850-11-09 00:00:00

COURT OF QUEEN'S BENCH.-TurzaDAT.

Imam n livien.=haroaa Loan Cantu, Ka. Jounce Masi
uses, Um Stamm wimmise, um Ka ferries rem.
110/11. O. TODD (Cu:ail—Lulu.
This was as action for libel. tried before Lord Campbell
at the skeins at Mei cities, at Westminster, after lea Trinity
Tern, when a reediest was found for the thilendast. The
=libel consisted of amain letters written by the de-
t, a tier man of the Church of England, le the
&Kersey of Km plaiatiff, and sent together with a sawagaper
paragraph, giving an account of a former trial, is with\
Mies Sarah Mary Anne Hoare the present plaistiff, was
Wm*, pisintiff. The jary found that the Imam is the
alleged libel IMO not written with gay malicious feeling,
but were only meant to give some meal information to the
plaintiff's attorney for his gai.lanee. The joy teethe?
found that the paragraph containiag the report el the
former trial was also mad with that view, and withost any
maim
Mr. Henn sow armed ter a roil, to show cause why there
should Bathe a sew trial, on the grated that the verdict
was swims the coldest* sad &mined that it was not
swarm to prove soy nuilittioas Wades, to anetitate a
libel; eat also that the lawn sad the pangrapb
_esatidoed
stelmeate Waimea to the character ef the plaintiff, sad
scene, therefore, libels.
Lard Campbell said that he thought there was tee mesa
disharb the verdict. The jury gave It as their
A defendant had not lima smashed by say
haft, nor harl he acted with • view to deter lite
saseasy frees doing his duty to his sliest, bat calf to give
Ida some metal infatuation, and they meld sot be said to
niTicto a wrong remission.
Oehler lordshire expreard a sham. °plaint.
Lead Campbell—Lard Eltraberatett aid that this would
sot be a world to Use la, if sit its asasestbas et
beware were ?) be bast will salsas ter libeL

Rai Mrs&
TAN Zia or Suswtaz• v. WILLIAM. AND O!UU.—

Assume r.

Thi TN ea arra el iw.pelt. breasbl by Lord Bard.
risks wrier lir dedsdeat, wire au Ids leseat, and
bad NOW. Is de reads repair le wanes VW* M ssi Irbil
sssemasi is is air. dear be igeereest. TM ere
um leled bare Kt Beres Aldan= el die Ire mins he
Ciaddlpelard Nis a email* was estaread b.lira.
1113111411. arer wed kr nde abbe ea tile
le or erre rby the verde: dread ael be er
ride sad a rank nasal. or wiw as violist skald
Is awed as as ism* igss draw

lemma welesat morel were thew of
the undies w wise* the evils:we.
The Court wit tiles Wm* wee se mud fur islerferieg
with the verdist.—Bstie refused.
Is the wares of the monism Yr. Issas* Wiglitsau west
bits the Bail wan, end Kr. I sstko Noose& took his seat
is this roust is Grier that the egotism few sew teas, la
ewes tried by that leaned Judge, Right be weds.

aiml that

BAIL OOURT.-UrniDAT.

Ilarruos so Banco.

Too QOM= V. TSB Mayon 01 ILIDDERATIWav:Abs...•
ea an co TOO Itosesam Root.
Mr. Kille Ca 0., metal tea maims' directed ea the
Wee sad em wee of the berme' of Kiddenalamier, elme
mweaki liaem plus ow Ike herpes reU fee that
Miciele on TP right ef a ormaidebse2e
dem of le Ile bewail' depeadei up.. Ode mom It
thee, audit the LidleemMeese Meal mt, tks pariah
are Pend la WM the UMW& demised of the @tea-
pot if an beam, the net at vane of which does me
=OM Os 101. per anaum,with a proviso, however, that sash
iMlet*Pali sot affect the occepase's Oahe to enjoy the
hemtiM bleadmiald's house was nue rated, end bad Mn
tit • elbisst UM' to satisfy the provision of the Meal-
eipal Aet, 6 6 Will. IV ,a. 76, we. 9, sad
darkf eli that time he had Inhabited the premien. That
peeks. Weever, requires the party to he toted, mad was
aim, therefore, ',Mtn complied with. Macelmaid elaimed
to have him Ram inserted, and the tiala was heard Osten
the mayor mad wow, who decided
befit him, sot he
merits, whisk wen not gone into ea • teohnical objec-
tion to the notice citedai.o, that notice mot deformstn the parish
la whlele the premises were situated, which given
is the schedule to the linateipal Corporation Act requires.
It was now contended that such loran are not to be ser-
vilely followed fa all nem, sad that that form would tot be
applimble to the borough of Kidderminster. It supes
the meal sue of &borough made up of various perishposes, ao
that It is ammary to mate the particular pubis in order to
live oulideat lahrmtion to those who have to investigate
the claim; bat the borough it Kiddierniester is only a part
of the pastels of Kidderminster, and therefor* It was quite
mailleint to say that the premises were within the borough,
which neemmarily lacleded all the defamation which could
be Rives. Thu, am to the write. The Caa• I. not rearmed
by gee. 11 of the Mankipl Caipseatrai Act, which would
require the must to claim it have hie name pat ea the rate
boors he could Mist apes the right se be me the bargees
roil ; because the private eat whisk wee posed subeepitatly
to that set is quite diffenat la It. teems, enantimr, by 8ee.16
that nothing therein contained shall east say malcipal
franchise, but that the occupier may claim to be pet epos the
burgess list, la the same meaner, to ell inmate sad pupesee,
u he might or Gould have done before the passing of this
set, as if he had been rated sad mused ishisown aurae.
Justice Putnam—That election, in feet, repels the section
of the general act Tot may take your rale. —Rale Raid
rated.

Tall QUEEN o. Tn. Ray. CUMMINS Baia._
Cacao. *OWNS' £ MAIIIISTaatn.
Mr. Hill, Q C., moved for • misled intormatioa against
the defendant, who is a magistrate siting foe the parte about
Lindsey, in the nasty of Lincoln. It appeared by the sill-
davits, that the bets apes whisk the mugs was headed
were es follow.. Oa the 12th August Mt, •pomes el the
same of Stand/non, reiddiag fa the lowa st Bertelotta-
Humber, having retired to bed, wee awakened by same ciao
throwing at his wiadows. He got up, and teeing two um
asked them whet they mated. They made no miner tut
went on throwinp, spin whisk he pet on some dukes, tea
down etain, sad taking up the poker in a room through
wide!' he bed to pass, tallied forth. The ma the* ten
away. He panah and taw up with them, mita whin
Meytanied epos him, sad he thinking he should be wonted
I elad oat "Murder.' A straggle sassed, is the scene of
Adds be Minsk is. of the men, named Thelasm, at the
bad, sad bucked him doves ; he was tarried to his boom,
Mien be lingered for some days sad thee died. Is the
emeatime &andante was apprsbesdsd, sad nadir these
411.1111mstanase it appeared desirable to have the depends. et
Timm= taken, and somedingly an appointment was made
with the defendant. who resides about seem miles Meant
from toe place, to take the eseteinttica apes oath if it Mid
be so taken, if sot to take the dying Oclaradoe, Mil we
perpetuate the svidence. It appeared that the =giant .%
clerk was a protlemus of the name of Graybaea, mid
that for soon. Teen past there bed been oa the pert
ef Mr. Barton a very strong feeling of dislike towards that
gentleman, and that he bad taken every opportunity of West-
in him with marked incivility, mists', sosording to his
affidavit, from his barite had occasion many years beton to
complain of the defendant's wags of tome clients of his, sad
to remonstrate with him tiros some improprieties in Meese&
&set, It around that upon the morning of the snags.
mint Ohs 17th of August), Mr. Gentian sent his clerk to
the railway station to wait for Mr. Banon, and to come sad
gin him notice of his !MVO. who &Dearman did so, and
that he immediately on receiving notice west with the mettl-
es' man sad the solicitor for the prisoner to Thorium's
Meer ; but on arriving there, wet informed that Mr. Barton
bed said be could not be kept waiting, and had gene tonsil.
stating that he would return in the evening; that Mr.
Onybun, fearing that he was offended, followed him le Mr
station, and hogged to know whether it was correct ibis he
had fixed to meet at a qoarter put 6 in the Grantee ; that
the defendset refused at lint to speak to him, or take any
notice of him, tenting him with the greatest incivility, but
that ultimately he mid "yes,' and Its train west off;
that at five minutes before the appointed time, Mr. Gray.
burn proceeded to the home of Thomann with the prisoner
and his sonny; that who, he got there he found the
defendant welds, there'. a state of great excitement, stating
that he had been kept waiting more than half an hour, and
that the tints he had named was a quarter before and not a
quarter after six; that they then went into the sick man's
room, who wee is • state of great army, so mach so that has
head wee obliged to be supported by the medical men, who
mid that it was absolutely necessary that what was to be
done should be done as quickly es potable ; instead of which
the =unmet. commeneed a moot linemen attack upon Mr
°unhurt', accusing him of an intention of intuiting him,
end a great deal more to the some effect—that Mr. Ornburn
urged that the business should be proceeded with, and ear
instil that the questions it was necessary to put should be
put through the medical man, but the magistrate said be
should put what questions be thought proper, sad would
sot be dictated to—that Mr. Orayburn then stopped for the
magistrate to proceed, bet that he did not show ague of say
iatention to do so. Una which Mr. Greenest ormanseed
maniple( the dying man himself, but that he became so
mash 1101111 that the doctor insisted upon no further quite
We. being asked. The examination, such as it was, was
this finned by the magistrate, but It was perfectly stelae,
for no oath wee admiciatered, nor did it appear that the sick
man was them aware of the state he was in, sou to make ken
declaration evidence.
Fannon, J.—Altogether, it appears to ken Mee . meet
irregular proceeding; but we de sot grant criminal infanta.
Lions against judos except for corrupt acts. It does not ap
pear hen that the magistrate ate aeteated bbyy soy 11l Ming
towards the prisoner or the Mk men, Mt that Ms madam
was the effect of ill temper whist the magletrele". sleek.
Mr. Hill: Whenever magistrates de wroag "Maly dinars
answerable ie tide wean; urreptioa ia their elle. be peat
offence, but set the esly ena whim\ ma be asomiNdla the
administration of Wake. The quad's is whether this
duct arose from mete amideat or from a wilful @betides el
, temper. The noise away is the morals, wee a moat hope,
per proondlag. Surely the ands of jetties were more isv
I portant than firs minutes of the magistrate's time. Tble
application is made on behalf of the prisoner, who belittle
that the statement would ban emanated him from she
charge of manslaughter which now hangs over Aim; but
whatever the mature of the statement might hare been, the
prevention of i's being taken was mashy an impediment to
the coarsest justice, and these facts ars at least nalaient to
justify CU soon in wiling oa the magistrate for aa answer.
Patten., J.—You may take your rule, and we will beer
what is to be said oa the other side, thoutleleatet pre-
sent seen what shape you oar draw year
Buie aid granted.

COURT OF COMMON PLEAS.—YsersiDAT.
swivels ng sAine.—ftm Imo crier PriTwo Jung, Ma.

SILWIT v. Wuznis.—Arruc•Tiox To IsT Aim •

Junesle Own-

Is this i.e Mr. Hawkins lamed for I n 1•, on the part of
the dafradaat, 01W. apes the plainttlf to show ewe why
two orison made by the Chief Jostles at Mamba's, on Me
3rd sad 14 k.f September. eltosid net be set adde. The
action was esimmeneed en the 15th Ifetseary, sad after as
had been entered. ea eider mmmade by Mr.
ainsPetiar• Coe leridge, by metatat, to May proseallap, apse My-
meat of somata instalments and la default the instakmate,
the pinball( was to be at liberty M
edea dfdaseas. After
Itae of the instalments had been Ste dahaleat dayed
hie attorney, sad on the 14th of Oehler aan aim vas
taken ont by Keens. Doss, Leak, and to
set aside the cede/ of ILr. Judie sad
this mamma MSG OM foe herd es ban Chief
Janice SMOSIBOM the ad of Sodelabee, ea& him Wad,
endorsed nom Idwrownwnws that the pieseelleas were to be
Maid wad the 511 fag is tam, sat is the perdu is
the mart. N. mar wee bass ap Ida eadmameat,
ma, *now., sa the tea d by the pLiattlf me
amiss to tax the sash lees the iodellha der *PM
judgment. That however, vie widela aa
order of de dada ea the Ittilof Syllabic
The Chief ;UAW ad ha taikeeteed that it was arrayed
ea the wed of that all parties amid ge bean 1
the Court. sad AISMAIMI deatembee.
bolsi set lads theyeripmea4.
Mr. Headwall hie maw au to ea agile dist miens.
The Chief Aram Wt time Whew a elm& aiellia.
If Ime applisatises mete mats la WS
sitaraLely7tiesPie. First, Mr. Lawry ha& add la
fire Ida, he that le was quite ready to grail CM
then* was ask wady to mare idwa the defeated dal
Mhos Ma. Ha (the Met Jades) said that an the pedal
staltaide = Wind% dam where
btissieseenektersailzisillut 1
d sTtles plaieltielf said deal he had Was head
hiesad Mt divas the Nat e d the ad
riogliabwis his la Oho Chid Jays) aid this this eres
iiiimilitake. esithst he the at ride am *Mire
liewkies matiadd this rasa famished
V ashaert of hie nodal, sad OW this. wee no Mlllbeallin
II a salads IMO only IMAGO'S& yea a saimmas. aid as
oda awe op area ft, it debt adormila. The
=orarteedi fae. aim limeleMare=
the slily eyed ef the deem wzi.dieh
seed eradiate ettabild the effree day Wag
Ido Mewed and shad ei Of Ihe date era wilisil
@Wool.
The Chief Julies seareetel ad il weed most W) fir
ef the arse it Mr. amides seepiaded his meths win ant
edme amiss had been &sided.
lb. Madam laid that be wadi de se, had the MIR
this is