The Express.
London, England, 1850-02-28 00:00:00

WATERLOO COURSING MEETING.—Tor.sDAT.
Tvc WATSULOO Cl/I'.—Mr. B. °mann** Whalley limit
Mr. Simpoon'e Slas`.leg Hem ; Mr. B. Taylor'. Bordigo
brat Mr. Smith's J &ere ; M. I: Ts.) li I'a OlOref 1/. at Cap'.
Aretilsll's Mammas ; Mr. J. It.ibinson's Pail beat Mr. B
11. B. ; Mr. Cl C..rito Mr Coilt..'s
Cienoluie ; Mr. T. L. theories Barney beat Mr. Jaili's
Kingdom; Mr. W. Wilson's Jamie Forrest beat Mr. B.
Taylor's Davie Oellatley ; r. Bake's Bee Hunter beat Mr.
jr. Wilson's Governor; Mr. MW. Foz's *olio beat Mr. We-
i kie's Dawes% ; Mr. Webb's War Eagle beat Mr. Reach's
Wicked Eye ; Sir St. George Oure's Magieian beat Mr.
Ppecan's Bumper; Mr. George Oregeon's Neville beat Mr.
T. u.ple's Tribune ; Mr. A. Graham's nisi:lvo b. at Mr. W.
Sharpe nil Herndon* ; Mr. G. Holmes's Sylvan beat Mr.
Itidgeray's Lady Mary; Mr. Rendall's Renown beat Mr. T.
Booth's Alice ; Mr. A. Graham's Brit4sti Lion b. at Mr.
RenJall's Racer. First Ties—Boidigo beat Whalley ; Ce-
rim beat Barney; Emile best War Rule; Fugitive beat
Sylvan; Patty beat Oliver; Jamie Forrest beat Bee Hunter;
' Neville beat Magician; British Lion but Renown.
Tim WATERLOO PI:USU.—Mr. Jepson's Warwick beat
Mr. Deakin's Din't br behind ; Mr. Bike's Boling-
broke beat Mr. W. Wilson's Bravo; Mr. A. Graham's
Wizard of the North beat Mr. Oregion's St. Oodrie; Mr.
O. Holmes's Tout beat Mr. J. Rubiaria's Sir Arthur; Mr.
Webb's Well I never beat Mr. Temple's Twinkle ; Capt
Arthdall's Bonnet beat Mr. T. Booth's Fellow Deer; Mr.
Cooke's Conceit brat Mr. Jebb's Daffodil ; Mr. T.L Brewer's
Blank beat Sir St. Oeorp Gore's Owendwier.

Eau intelligence.

COURT OF QUEEN'S BENCH.-YESTERDAT.

Mr. Justice Paws= and Mr. Justice Wightman sat at
NV, rminsur for the purpose of itivieg judgment in caws in
which the court had taken Inns to consider.

WOLTON o. GAVIN.79I:STODT OP A RECRFIT.-Tllll

WM= for,
In this case a motion bad bees made for • rule to show
cause why the verdict *bight bad been found for the de-
fendant should not be est aside on the ground of misdirec-
tion. It was an action fed files imprisonment against Major
Gavin, 16th Lancets, for having detained the plaintiff as a
deserter for 18 days, in the black hole at the barracks at
Ipswich. It was clear that the plaintiff was brought to the
barracks as a deserter from the Royal Artillery, placed in
the black-hole, and detained there for 18 days. He we
discharged in consequence of an application to this court for
a habeas corpse, to which no return was made, tempt that
he bad been discharged Ly Major Gavin. The court, on this
statement, discharged the rule for the habeas corpus, and
did not tic Major Gavin with cos's. The; plaintiff was a
labouring man, living with his father at Sutton, near Wo,:d.
bridge, 15 miles from Ipswich—Woodbridge lying between
Button and Ipswich, a yetty session bells; held there once a
week, and magistrates living in the district. On the 16:h
of April, 1848, Wulton was at • public house at Sutton, in
company with • recruit named Deckhouse, who had been
recently enlisted in the repel artillery, and was in plain
clothes. He was a native of Sutton, and knew Woltou,
and after drinking together Wolton received the enlisting
shilling. It was stated by Bathhouse that it was arranged
that Walton should meet him in the morning at 9 o'clo.k
sad proceed to Ipswich to be attested. Wolton did not
come and refused to accompany Deckhouse, who went to
Ipswich and Wormed the non,commiseionad (Ricer com-
mending the recruiting party of the rural artillery. Ac-
cordingly on Tuesday morning the bombardier and Dick-
house went to Sutton in the middle of the day, found
Walton ploughing, and persuaded him to accompany them
to Ipswich, where he was billeted at • public
house. Oa the Wednesday morning he went away,
and nothing was beard of him till the succeeding Thursday.
Wednesday was the day the petty fusions were held at
Woodbridge, and on Thursday the Ipswich carpi raticn ma-
gistrates met, and it had been proposed that Wulton should
he taken there to be attested On the 27th April the bom-
bardier of artillery and a 6:e of men went to the residence
of Wolton at Sutton, early in the morning, took him away
handcuffed through Woodbridge to Ipswich, and 'Aged him
in the gaol there. The himbardier then went to Mr. Samp-
son, a corporation magistrate, tore a certificate of desertion,
which certificate was not put in. It was obvious that the
bombardier tuought the i row magistrate to get the certifi-
cate from was an Ipswich magistrate. Wolton remained in
g aol three days, and while there his friends applied to Mr.
Pawned, an attorney, who saw Major Gavin, stated the ob-
ject one to his enlistment, and told him that it would be
dleaal U Is• detained him in custody ; and he advised him to
cuasult Mr. Cobbold, M.P., who had formerly been an
attom.y. On Monday, May 1, he was taken to the barracks,
when Major Gavin thought it his duty to neeise
him, and he remitintd in the closest custody for
18 days. He was kept in the guardhouse during the
day, but placed in the blackhole at night, a sentry being
on guard over Lim, and he was not allowed to communicate
with him, and was ted en the prison allowaace. In answer
the ease it was proposed to rely on the Mutiny Art and
the Articles of War, and it was said that under one of
those erticies of war M-j,c Gavin was bound to receive the
pl tintiff as • prisoner without inquiry; but the learned
j,.elge took a dastinetioa, by which it appeared that under
the Articles of War Major Gavin was not protected, so that
there was no misdirection on that point. The whole ques
tier, therefore, turned on the clauses of the Mutiny Act as to
what was nestreary to be don, to make • man a recruit,
which involved the doctrines of presumption. The Mutiny
Act required that in order to involve • recruit in the pc
ralties of desertion, the antis:meat should be strictly in con-
lormity with certain rules. Firstly, it was teceisery that
the enlistment should Is, made by a person in • particular
position, that was, that the authority of a rteruiting
sergeant might be given to • soldier, bat ha must be an
att. sted soldier, and hart authority besides at the time
of giving the shilling Certain preliminary questions were
also to be used of the r, trait by the pen= enlisting, and
within twelve hours of the enlistment his name and tea-
donee were to be taken down; but the man was protected
eater he had taken the shilling by justices competent to deal
with the matter, and who might knew so.nethiog of the
party enlisted. He tlerefore was to be token within a
• time before a justice in the neighbourhood or of the
divisi•en of the smutty iu w hich he matted, and allowed, if '
he liked, to pay sa.ertmou.y—that was, the expenses of
the e listmena sad 11. as a penalty, and be would be dis-
charged ; bat, it the enlistment was fraudulent or unfair, be
might be disrharped without the payment of smart-money.
There was alto a provision that recruits who might 'humid
before they were attested should be brought before the ma-
gis rates of the diwision before they were delivered to the
Wary authorities', and • warrant obtained for that purpose.
' It was ooeiter.ded that in this case the plaintiff was not en-
listed by a proper party, inasmuch as it was nut shown that
Backheuee had been propeily attested, that the caned
jade* ought hit to have told the jury that they were to pre-
sume that everything had been rightly done up to the time
of his being given into the defendant's custody, inasmuch as
it ought to have been prived that the party enlisting had
been duly attested—that the enlistment was bad as it was
made on • Bentley, and that the plaintiff had not been taken
betties the proper magistrates. The motion was also made
as affidavits which c aniredieted Backhouse's evidence, and
also on the ground of surprise, inasmuch as it was not sup-
poeed that such evidence would be given by Deckhouse, es
that the invalid.ty of the enlirment would be contested.
Ta• Cour: now said that the rale for a new trial would be
granted.

MAR/WELL O. DTSON.-FILES TO TAO CLEEL OP TIE
PATIOS IN THE QUIEN'S POISON.

In this case a rule had been obtained calling on the de-
&admit to s'.ow cause why an attachment should not issue
egainat the Cerk GI the l'apers in the Queen's Prison, for
ramie, to act up n a habeas corpus delivered to him for
the purpose of brim ii.g up the Imiy of a debtor in his cue-
tody. The gr-ued for rouse' was that a sum of 21. 171. 4i.,
whisk was claimed as fees on the writ, was not
paid. The qu-stion intended to to raised was,
whether a Nate of fees which had been allowed by the
commiseionen sp.cially appointed to examine into the
lees payable on lege' pvceedings in the sup( rior courts
had been properly allowed by them cud the Lore:s of the
Trar.snry. the defendant in the civil suit bad been com-
mitted to prison In one action, and there ware several de-
tainers stalest him, and when this writ of habeas corpus
was appli'd for, the fere were demanded for the first and
the several other actives' in which there were these de-
tainers. The schedule of these fees was allowed by the
Lords of the Treasury ; and the real question would be
feund to come to this, whether the Lord. of the Treasury
teed authority to make this schedule ; for if they had, then
the &maid fur the fees was cornet, and the rule for the
attevh:nent must be discharged The circumstances so far
a, the ri lit to allow this schedule of fees was concerned,
fires there:—By the 11 Goo. IV. and 1 Wm. IY., c 68, a
commission was to be appoints(' to loves agate and inquire
iota the fees payable In the superior Clef,' of Westminster.
The msmaaissionen performed their duty and made • re•
port, and the result of that report was, the statute 1
and 2 Wm. IV, e. 45, which gave the Lords Commis-
sioners of the Treasury the power to declare what
fees were payable in the offices of this and of the other
courts of law. The question, therefore, was whether the
f-ee which had been allowed by the Lords of the
Treasury were within the provisions of this statute ?
Under the inquiries instituted by the commission it appeared
that the Mantua of the Queen's Bench, under the prowl-
"lo:" of toe 27th George 11., sprinted a clerk of toe
papers, who was an officer under him, he himself being an
office belonging to the court. The 11th George IV., c. fa 8,
declared that any person who held the offices therein men-
tion. d should be entitled to receive the fees which he had
hitherto received. Then the Ist William IV., e. 3.5,
ense ed that such fees should be received as the commie-
siosen deemed reasonable, and as had been received for
50 yeses ',More May, 1831. The affidavits showed that
the commissioners bad deemed these fan to be rea-
sonable, and had declared them to be so, and conm-
quently they became legal feta, in virtue of that declare-
which bad been acted on by the Lords of the Treasury.
By 6ift and 6th Vm. cep. 24. the Marshalsea was abolished,
and the liana's Prison as it now existed, establisher!, and
the regulation given:to the Home Secretary. The office of
clerk of the papers was eastiaited, and on the first vacancy
he was to be paid a salary of 4001. instead of the fees but
the Ikea were continued to be received and accounted for as
before. Tee question then was whether after the salary of
toe clerk of the papers had been fixed, ho could insist on
the penitent of then fees. The court was of opinion that
he could. Although his appointment was not in the court
of the chief justice, still he was an officer of the court before
the pulsing of the statute, and the des might have been
legally claimed. It was true the sas oink of the papers
was in a differeat position, is I. peld by a salary and
the seas of hisappointment, the oboe he held
in the Quota's Beach, sad in the Omen's Priem'
was the same. He was justified la the ma payment
of them fees which went found to =5 einesble
by the somaisioana, red mad Naas Gawp ivaa ask