The Express.
London, England, 1861-02-04 00:00:00

THE EXPRESS, MONDAY EVENING, FEBRUARY 4, 1861.

• • •

-
wee amid I elimild lam to deal with them, and that their
interfereeee might peeving my giving him what I was deter-
mined to do--e good thrashing. I admonished them, how.
ever. I said I was a university men. and they were eat to
meddle with me, which they were good enough not to do,
but stood round In a sort of small semicircle. while I admi-
nistered ten or fourteen stripes-1 can't *sway say how
many—had you not better ask Mr. Dodd ? Having finished
the mantles, I thyme down the whip at hie feet, and
" No., sir, I have does that to you, take it up if you dare
and do it to me." I then mid to the bystanders acid
college servants, after I had taken up the whip,
"Go and tell all over the waiversity that Mr.
Brockhunt, of Hounenuel. bee lionewltipped Mr.
Dodd, of Magdalen, for having bees false to his
Saviour and false to his hired." I made some observation
to the crowd without the coins*. If I said "Thank God,"
I pray Gal to ipanina me if I used his name irreverently, but
I don't think I did. If I did, I did it in the tense of the
Saviour. I never said, as has been stated in some of the
res" Take that," after every Atoka Yoe will see that
ii:'odt necessary for me to say it, it would have been
litese, because he had already got it. I will my all I
did say, m the moat straightforward way of meeting the
' ease. I never implied any epithet but one of the grossest
deseriptioe. because that ap to me to be the beet to
meet the ekes of man I to deal with. 1 will not offend
your ears with it.
Dr. Oehlirt—There is no evidence of the kind before the
mot.

7be Irisoebaocellor—ls that all you have to advanoe
Mr. brockharrt— PerhApm not. There are other thinp
to mum oat in my own jostibeatioe. I have a right to ad-
der* every ormalpatory matter, however it may affect per.
seam or parties. I say that, no court with the Vice-Clan-
allow at its bead is an impartial one in this matter. II
you wish to bear my resimas I will give them.
tbsllse Bishop of Waterlog.— It is impossible fur us to bear
t.

Mr. it midmost—Axel equally impossible for me to sub-
mit to your dettioks whoa the t ies-Chancellor or any person
comected wilk ibiliffika College is at the head of the
wort. _ _

—The
aka. CW
esel!—Not so. Ses viri are here in
billies to the Viesveheereiler. We cannot allow any asper-
sion upon, or Alsace to, the Viee-Chancellor, but will hear
aD essielptory molter.
Yr. bessithersh—Well, never a graver CUM existed to
smite me men to Meech soother. I may have erred in
mime the bonswfdp, but I do not know what else I could
ham dm% sompe hed hung up the chine against lir.
Dodd is Maniastad letters on the tower of St. Mary's of
one of the minarets of King's. Whatever may be the deci-
sion of the Court, I think the (metal feeling of society will
be with me, and if Ido cot receive a verdict of acquittal at
your hands, I shall sun remain convinced that I have onl7
done that which I ought to have done. If my statement is
inipsiesod in any way, I will do my best to prove it, but at
pressat will add no more.
Several servant, of Magdalen College, and some gentle-
men who whammed the assault, were is atteodance, but the
court did not think it neci-elary to call them.
The emit wen them cleured for about twenty minutes.
Oa eur rierielesims.
The Timammellor (addreesieg Mr. Brockhund) said—
The mart ham beard the complaint made against you by
Mr. Dodd of your emomission of a violent personal assault
mon him, your eilmiedoo, sod your statement in attempted
matifitathea. The court are of opinion that you have vio-
d the statutes sad discipline of the university by dis-
graceful moduli, sad that the remota alleged in Justifies-
titre are totally insufficient. The pentium of the court is
that you be suspeoded from all your degrees for the period
M four yams. Then lamming to Mr. Dodd) the Vies•Clma-
cello, mid—Mr. Dodd, the court thick it right to express to
you their opthion that your conduct, under circumstances of
remukable provocation, exhibits, in an eminent degree, the
utmost Christian forbearance, and is deserving of the highest
appn.bation.
Mr. Hrockhand essayed to make another address, but the
noel won Airlored dismolved.
_ _

Mr. Ladd lisenesieed sa address expressive of esteem
sad regard from Ids pezialikmen.

EITEAORDINARY SEDUCTION CASE. -THE
IRISH REI7VALS.

COURT Or QUEEN'S BENCH, DUBLIN.—E,truaDAL

ZLIZA WIRE 1. THE 11V. SANUCL 111.3• N.

Mr. Seeds opened the pleadings. This was an action to
recover damages for Deduction of the plaintiff's daughter
by the defendant. Damages were laid at ;mot.
Mr. Falkiner stated the plaintiff's case. The defendant,
who is a man 45 years of age, had been a clergyman of the
preebyterian denomination for the district of Halloo, in
the county of lkiwu- He had in the most solemn
manner, both ou the records of the court and before
the superiors of his church, asserted his own inno-
cence, and the double guilt of the plaintiff sad bar
daughter. He thought the jury would consider the ease
ea sorrowful and sad in one of its aspects -as awful, as
atriseitins, and as abominable in another as ever came before
• court of justice. The plaintiff was the widow of a car-
penter, who died about eight years ago, leaving eleven
children. When dying, the father commended his children
to the guardianship of the defendant, whom be hell known
for the eight years preceding his death—who was his tried
and trusted friend—and who walked befcre the world as a
man of sobriety. of virtue, and of seemingly Christian hfe.
Trion her earliest you., the daughter of the plaintiff had
attended the defendants meeting-house, and received in-
struction in his Sunday schooL At the period of the
revival movement in the north of Ireland, the district of
Balloo participated in it, and the plaintiff's daughter
was one of those who fell under its influence. She
Joined what was called the " young woman's claim"
which had been organised by the defendant, and where
she attracted his favourable notice. He made her pre-
sents, and dually succeeded in seducing her. In October last
she gave birth to a child, and stated that the defendant
was the father. This he solemnly denied before the
leading members of his church, but when the present
action was instituted, he auctioned off Ids property
and lad from the country. The learned counsel having
caninented, iu strong terms., on the conduct of the defen-
dant, concluded by calling on the jury to mark by their
verdict their mass of his misconduct, and of the injury
which he bad indicted on the phiatiff and her daughter.
The plaintiff and her daughter were examined, and con-
firmed the statemeut of their counsel to the fullest extent.
Tbar• was no appearance for the defendant, and the Chief
Judies having briefly charged the jury, they immediately
ridanneill a verdict for 300 f., the full amount claimed.

ZNIORATION room TOR PORT OT LIVItItroOL.
The tide id emigration still cootlones to flow from Liver.
pool, but with abated power ; and the commencement of the
pawl year, when compared with that of Inst, showy •
great diminution. This ilecreme, no doubt, anses from the
following fact.: fink that at prompt the openings fur labour
in the United States are, as nearly as possible, closed in con.
sequence of the unsettled state of politics of the Federal
Union sad the closing of wend pone in the Southern
slang ' • sad, secondly, the late commercial peak in Audis.
he hesemeed intending emigrants to pause and await bet-
ter timed. The late advice. from Sydney are but poor, and
offer encouragement to those who are laying their
future prosp.dm southwards. indeed, the late news from
Aastra es far from being stimulating, In exceedingly
gamin sad hare of anything immediately progra to
=ataThe new gold fields on the Snowy Riverwere
. gseastily. and numbers who had given up comfort-
able sitsatmas to enter epos • gold-digging career had re-
tuned to Sydney, dissatisfied with their "exploits."' The
ea sequeore was, the bibeer market involute overstocked,
sad hems the uneatidectory tidiep we have from our pall
.ilea empire. There to be so doubt then, but the
bed sews bath from America and Australia
lalluselead the emigration from the port of Liver-
peel. ge. by the following figure., it will be era that
there le • peat falling off in the number of emigrate
smith hem this portduring 'Minot mouth, whim campared
with HMI el lest year. The somber of skips whia left
Limped ides the pet meth Mr the United thane were
10. Them ship minted out NI cabin mid WO
of widish !ti were &OA, 5116 bib, nit=
aad 79 To Victoria there was may me ship.
the hod is• 8 obis and 141 clue pagoesgers ; of
these 90 were &dish, 19 Irish, 21 &Mak sad 9 foreigners.
To the Gaited State., during the past math, there were 18
ships (short), carrying tt47 ; to South America
there were 4 Ave (short wNh ID passengers ; aed to
Africa one ship (short), carrying ID pageoggn.. When
compared with the mole month het year, the foUowing is
the result : —Jas., 1800, 2,746 were shipped from
the port et Liverpool ; Jam, IA6I. 2, passenger% showing
• decreme Ia the het north, whom compared with the same
pried lath year, el 573
ArroTIIIR Lamm wir7foire:.—A telegram, pasted
at Lloyd's en Friday aftersom, from Valentin, foriarded at
11 a.m., sememiested the total lees of the ship Jame
Gibbs, belonging to Hull, bound from Newpon for Bar.
Malden width feesdered oo Thunda), dung • heavy pie
typo the aorth.weet, • few miles off Skellaxy. The tele. '
peat states that the wader, Captain W. Keoff, and twenty
noes el the mew bad been taken up by a Limerick steamer,
and landed .de at Valentia. Another telegram, seat from
era to Lloyd's late co Friday afternom, states that
triZttai.'n's wife and four of the mew were illywneil. The
Glasgow, screw steamer, which left New York oo the 19th
nit., sad &revived at Queenstogre from Liverpool at 2 am.
(Friday), report. that she bed bees In company with the
ship INN. Gibbs, aid that wham the Glasgow parted com-
pany the we is a disabled statm ad had hot the captain's
wife sad four of the mew. The James Gibbs was • lamp
ship., 1,200 ton., and, with mugs, wee insured at Lloyds.
Toms Worn:mous DIA= or TEI Assn
The Liverpool coroner's Jury returned a medic., of "Food
drowsed " in this easy the report of which bas already sp.
peered is our column, when the men of Tint wee erre.
aeonaly printed as Flint.
Tsa AMERICAN SEeDASION MOVEMENT AND TIIM
Urnwavrarrine.- The underwriters of Liverpool sad Los-
dea have determined to raise their rm. 1 per cent. on '
moon from the Southern porn of the United States, I.
order to cover the war and other expose...
FATAL ACCIDINT ore TM It CROYDON RAILWAY.—
Oa Saturday a fated accidect occurred to Join Miles, aged
37 peen, wbo resided at Croydon-common. It amorist
that the deceased was working on the Croydon Railway
sear filydenham, when cmm, of the meows Muck him Mad
knocked him dews, aad the feeder laid open his shad.
takes to Gay's Hospital. bet died shortly after his

f .

,"

at intelligaut.

METROPOLITAN COUNTY CORRAL

Settles days appointed for Ike prewar west
Wirrimierarida a, St. Marthialase.—Thealay, Feb. Thareda7,
: Fy, S.
HtoOMBBORT, Portland-med.—Wednesday, len. ; Therwlny,
7 Friday, &
day curia:
6mew., Daneari.terraoe.—Taesday, Feb. ; Wedowb
. . Friday, N.
Mumma, Wlilteheadbyeee.—Wednesday, Feb. 6: Thum
day, T.
namerrOltD.—Tnesday, Feb. 6.
BIioaMDITCM. Old.street.road.—Monday, Fab. 4 ; T 1144457, 6 ;
Thursday, 7.
bow, Valreekt-road.—Wednesday. Feb. 6: liatarday, 9.
WHITICMLPEL, Great Prescott-etreet.—Tuesday, Feb. 6; Thum
day, 7; Friday, t.
Seem wazz, swan-street, Trialtpequare.—Tueeday, Feb. 6;
Thursday, 7. Prklay, e.
LAMBETH. Camberwell New.read.—Tuesday, Feb. 6.
CITY OP LOSIbt.N. Oulldhall.building&—Tueeday, Feb. 5; Wed-
-06.46y. 6; Monday, 7.

the plaintiff's data at the time. His evidence was that he
was quite sober, whilst the evichaos for the defeodant was
that he appeared to be somewhat the worse for liquor. In
particular be was ver7 violent after the accident, refusing
to have his head dreamed, sad offering to fight the finnan
at the booking-office and the doctor who was east for. The
plaintiff's medical evidboce , however, was that this might
have arisen from injury to the Ulan, and from lose of
. _

—Tie jury, after considering the matter for half au hour,
found a verdict for the plainti9—damages2ol.

EXCHEQUER OHAMBER-Fzß. 2.

Sittings in Error.—(Beforo Justices Wightman, Crompton,
and Hill, and limns Marlin, Bramwell, and Channell.

MWEATLYO e. PKARCI.
Mr. BovW, for the defendant, stated yesterday (Friday) that
the great question in this nue was how far a custom at Lloyd's,
of which the plaintiff was not a member, was binding on
him, although be was ignorant of that custom. The cue
was tried before the Chief Justice of the Court of Common
Pleas, when the jury found that this custom, which was for
the broker under a ship policy to collect the amount from
the different underwriters, was well known to merchants and
shipbrokem The Chief Justice directed the verdict to be
entered for the plaintiff, but be gave the defendant leave to
move the court to enter the verdict in his favour. A
motion was accordingly made in the Common Pleas, and •
rule nisi was grunted. The case then came on for discus.
eke, when the court discharged the rule, leaving the verdict
for the plaintiff to stand. There was then this appeal to
the Court of Error. The learned counsel contended that
this custom baring been found by the jury to be well known
among merchants and shipbrokers, all persons effecting any
policy are bound by that custom, and they could not set up
theirignorance of the custom u an answer against it.
In consequence of the illness of the Lord Chief Justice
Cockburn and the Lord Chief Baron Pollock, the court was
deprived of the presence of two of the judges. Two others
of the judges hail to go to chambers so that soon after two
o'clock the court was reduced to three j and it not
being considered proper that three judges shouldudges reverse a
judgment of one of the other courts, it was stated that the
case must be adjourned.
Mr. Bovill asked that the further hearing might stand
over until Monday.
The court said that course could not be adopted, as the
Court of Error would sit on Monday to hear cases in error
in the Court of Exchequer.
Mr. lloyfil said he should not be able to attend, and he
hoped the court would permit Mr. liannen, who was with
him to continue the argument.
The court consented to this, and adjourned.
This morning (Saturday) Mr. Hannen accordingly pro-
ceeded with the argument, urging that this was the first
i time • jury had ever decided that • custom was generally
known to merchant. and shipowners. The custom haring
been thus established, then arose the question, what was
the effect of it? He contended that where a pavan em-
ployed another to go into a particular market and eater
into a contract, such contract was to be interpreted wooed.
fug to any custom which was proved to exist in that parti-
cular market The learned counsel then adverted to cus-
toms existing in the Stock Exchange, and cited cum to
show that those customs bad been recognised, and that all
persons were bound by the customs of that body. Why
should not any custom of Lloyd's be treated in the same
manner?
_ . _

Justice Crompton said that contracts entered into
relative to the Stock Exchange must be entered into by
members of that body.
Mr. Baron Martin said the law of the Stock Exchange was
perfectly well known. If he employed • person in Liver.
pool to enter into • contract, that contract must be subject
to any custom of Liverpool.
Mr. disnnen said that was this case. The plaintiff must
be subject to the custom of Lloyd's.
Mr. Justice Crompton said—lf you employ me to go to •
certain place for you, and I have to go through • turnpike
which you did not know of, you must pay me the toll.
Mr. Hannon—The party was bound by all the particular
incident' of the place. How could the employment of •
broker of Lloyd's be distinguished from the employment
of • broker on the Stock Exchange ? One was of as much
importance as the other.
Mr. M. Smith and Mr. Honeyntan appeared for the plain-
tiff, but were not called upon.
The judges delivered their judgments seriatim, but their
opinions were to this effect :—The plaintiff had instructed
Messrs. Walton, brokers at Lloyd's, to effect • policy on •
ship for him. Walton did this, bat for safe custody the
plaintiff permitted them to retain the policy. "there being
a loss, the plaintiff employed Walton to collect the money
due on the policy from the underwriters, but instead of Co.
I letting the account in money, Walton, according to &custom
at Lloyd's, set off • debt, and the plaintiff brought his
action against the defendant, whose defence was this custom
of Lloyd's. This court considered that the Common Pleas
were right. The broker was not authorised to act accord-
lug to any custom of Lloyd's without a special contract to
that effect—his authority was only to collect the mosey.
Had it been shown that the plaintiff was aware at the
custom, the case might have been different, but here the
evidence was that the plaintiff was totally ignorant of any
such custom, and therefore he could not be bound by the
custom unless Imbed had notice of it. The verdict was there-
fore properly entered for the plaintiff.
Judgment of the court below was affirmed. •
PERCIVAL AND ITXOR r. LIM

This was an action against the proprietor of the Daily
Telegraph for a libel. It came before this court ce aWI
of exceptions to the summing up of the Chief Justice of
the Common Pleas, who had directed the jnry that the
leading article which contained a comment upon the report
of a proceeding before the Lord Mayor was a libel and
unfair comment, which it was alleged he ought to have left
to the jtuy.
Mr. Lush now appeared for the defendant, and urged that,
it being permitted to give a fair report of a trial, the editor
was justified in making comments upon the evidence, and
that whether or not he went too far was a question for the
jury, and not for the judge particularly, when the report
which led to the comments was given in the same paper.
The court rose before the arguments were concluded,
and it was understood that the hearing would be resumed on
Thursday.

00I7RT OF BANKRUPTCY.—Fae. 2.
(Before Mr. Commissioner Holroyd.)
IN RI LAURI:WY., MORTINORE, AND tICHILADM-TRIE
GUAT FAILURE TN TRX LEATIOL3 TRADL
At four o'clock the further hearing of the MO was ad-
journed until Wednesday next, when Mr. C. E. Lowrie will
be heard on behalf of the bankrupts Mortimer...ad Bolinder.

INSOLVENT DEBTORS COURT.—Fsa. 2.
(Before the Chief Commissioner.)
01 13 THOMAM MASTERS.

This insolvent, the well known hotel keeper and promoter
of " Master's Royal Crystal Palace Hotel, " whose case was
reported, again came before the court. The complaint against
the insolvent by Mr. M•Lean, the looking•glass manufacturer
of Flest-street, was a vexatious defence. A claim was made
against the insolvent by Mr. M'Lerai, and be paid 251. into
court. The action was tried, and • verdict was Oran for
211., in getting which Mr. M`Lean was put to no km than
731. law expenses. On the last occasion some amendments
were made respecting the premis' es in Regent-street, where
the 'insolvent was a confectioner, and sines, the schedule
was filed, an amendment had been made as to the debts on
account of the Royal Crystal Palace Hotel Company. ou
the List occasion the bail was at first refused, but on Mr.
leLean interceding, the bail was renewed until to-day ffia-
turday). The court had intimated a judgment for a vexa-
tious defence. The amendments were uow filed by Mr.
Clark, the iasolvent's attornev, and the case was further ad-
journed to Monday week, spa the bail enlarged, to enable
the insolvent to settle the complaint of the vexatious de-
fence to the adieu at Mr. li'Leen.

Tun LATI MCIDER IN LIVEEPOOD—APPREMEN-
RION or run MURDERER—Thomas Doneergan, the young
man who murdered a person teamed Caisidy and jeopardized
the life of his wide by stabbing them in the throat, was ap-
prehended on Saturday morning in a house in Everton, by
officers Nelson Lees (No. 90) and Stedman. He was brought
to the detective-afro a little before ten, and was shortly
afterwards eouveyed to Kirkdale Gaol, to await his trial it
the anises in March next. It appsn that since the night
of the murder he has been skulking about from place to
place, sleeping sometimes hi entries and other oat-of.the.
way places. He was partially disguised, having somewhat
changed his dress. Nt hen taken to the police-office he had
• good breakfast offered him, but refused it, riving be could
not eat. He is not by any means • bad-looking man, and
from his conversation seems to have made up his mini that
he will end his days on the scaffold. When it became
known that Donnman was safe in the hands of justice, the
passages and outside of the court were crowded with • large
number of person; and considerable excitement was mani-
fested to get • view of the prisoner.
SHOCKING All'lDENT.—Yestertlay afternoon, be-
tween the hours of 1 and 2 o'clock, an elderly woman named
Morley, residing in Wellington-place, Blackfriars-road, was
crossing from Richmond's beerthup with an infant in one
arm and • pot of beer in the left band, when on endeavour-
lay to get from Valentine-place to Welliegtemetreet • cab
(Yo. 441, K) came along containing • lady. The fare
asked him to put down the window, and whilst in the act of
so dole.• the head of the horse knocked down the woman,
and both she and the child fell under the feet of the horse,
and before it could be stopped the of wheel of the cab
passed over the stomach of the woman and over the bead
of the child. The woman was picked up and taken to the
surgery of Mr. S. W. Smith, No. 111. 13Lackfriars-road, and
the child was taken to the surgery of Dr. Smith, No. 64.
in the same road. Each was fouud to he seriously if not
fatally injured, and after they had their injuries dressed
they were found to he in such • precarious state that it was
deemed necessary to convey them to the hospital, where
thei remain in a state of great danger.
Dail AT ALL WitNift, FINCHLLY—YeataNday
morning • ire broke out in All Saints Church, Finchley,
but the damage done was inoonsidenthle, and fortunately
the discovery was made before the cougregatiou had
arrived.
DIIIPIZING FM/MAIN IN THE REGIIIIT'S PARK.—
Oa Saturday, by direction of the Chief Commissioner of
Works, men were employed (Hubs an excavation for the
erection of • drinking fountain in the Regent's-park. The
soot redacted is in the broad walk, sear the Zoological