The Express.
London, England, 1861-02-21 00:00:00

THE EXPRESS, THURSDAY EVENING, FEBRUARY 21, 1861.

MUSIC.

ROYAL ENGLIAH OPERA, COVENT-GM:DEN.

Auber'a charming comic opera, Le Domi,to Muir,
was produced hat night in an English draw, in which it has
been very cleverly clothed by Mr. Thorley.
We Lave• n •err beard bliss Louisa Pyoc to greater ad-
vautage thee ia thee opera. The part of the heroine is
thoroughly suited to her. In her personation of the
character she rivalled the most accomplished actresses of
the Opina Conduce, and her 'login; was the perfection of
vocal e.i.ecution awed expression. To point out its beauties
would be to no/nitrate every piece she sang. Her reception
was enthis .isAtic. kr. Heigh, who is daily rising both in at.
t•iumeuts ea.l in favour, achieved • great success iu the
character of Horace. He looked and acted the young
lover .u:snuably, ad sang with power as well as sweetmeat
Mho. Thirlwell, who is eo excellent secoiria dootrta, made
the character of Brigitte very pleasant, and did great jus-
tice to the pretty musk of the part. bliss Leiter gave en
aniusina quail:due= to the prim, starched housekeeper; and
Corn toe we have already ..all was wimirahly humorous in
Gil Perez. The brilliant chorases were excellently sung,
and the ...fine...and delicacy of the orchestra brought out all
the benste.A of Auber'sim.truitiontation. The whole perform-
ance, naked. was • mat attractive entertainment, and
eannot fail, we should think., to have a long

MMiRS. HLINDi►ORTH, BLAGRoVE, AND DAC.

-firaif3-

Theo diAtiognialked artiAti have combined to
give a series of three concerts of clerical chamber music,
the onto! which was giveu at th Minos er.equare !loon is on
Tuesday evening. The performers are well known to the
niuvical
Haversl vocal pieces, of Spohr, Haydn, and Menilebsinbo,
were sung by Muse Beak; a young lady whose fine qualities
are rapidil raising her le the favour of the public. There
was a fashionable, and highly musicel audience, by
whom flits elegant entertainment was warmly applauded,

NAVAL AND MILITARY.

AI wiam.rr, FRIL 20. —ArPOINTMENT, —Cap-
tain H. Lester, to receive the g 0.7.1 service rtLiitlll vae,int
by the promotion of Sir E. Belcher.
Lieutenant H. Carelale, to the Princess Royal.
.Master's Assistant E. F. Hemming, to the Nimble.
Assistant Paymasters F. B. Williams, to the Renown ;
W. E. P. Saer, to the Mars ; H. F. Roe, to the Marlbo-
rough ; J. Kiddie, to the Osage* ; J. H. F. Alatun, to the
Nereus ; and H. H. Hansel, to the Hannibal.
Second Chas Asaistant Engineers It. W. Watson, to the
Indus, for charge of the machinery of the Charon ; W.
Ironmonger and M H. Jenkyn, to the Nile, for service in
the Nimble.

Assistant Engineer D. Ferguson, to the Nile,
for service in the Kimble.. •

Acting Third Cla■s Assistant Engineen G. Alexander, to
the Emerald ; and H. Vatcher, to the Indus, for service in
the Orlando.

PEmestoug G ARRIBON. —Her Majt•;ty'e Steam
troop ship Himalaya, 4 guns, Captain Sec..ombe, arrived on
Sunday evening, awl having her powder on board came to
just below the dockyard. She brings 9 principal officers,
7 ladies, 11 children. 9 servauta, and 7 horses, 419 gunners
and drivers, 57 soldiers' wire., and 74 children, the force
intended to occupy the forts sal fortifications of the
harbour, in relief of the Antrim Militia Artillery. about to
return to Ireland to be disbanded. The Himalaya will
convey the latter regiment to Ireland, which will embark
this (Nth) afternoon. The new tyros is under command of
Colonel Franklyn, C.B.

talu inteiltgence.

EQUITY COURTS.—Fas. 20.
(Before the lards Justices d Appal)
Lx WATSON IN EE WATSON—A RASIERUPT.

This was en appeal by the bankrupt, who had traded as s
draper, at No. 72, Tottenham-court•road, from the decision
of Mr. Commissioner Fano suspending his certificate for two
years, refusing him protection for one year, and directing
that the certificate when granted should be of the third class
only. The grounds of the commissioner's decision were that
he considered the bankrupt had allowed goods to be re-
moved from his trading premises ; that the bankrupt had
Accepted accommodation paper to the amount of 3,000 L,
and that he had been guilty of reckless trading.
Their Lordships, upon the evidence, took the same view
of the Ma as the learned commissioner, and dismissed the
• petition, directing that the assignees should have
the deposit in respect of payment of their casts.
Mr. J. Uordon Allen appeared in support of the appeal ;
and Mr. Bagley for the assignees, central.

(Before Vice-Chaneellor Sir R. T. Kinder,ley.)

SMULIT V. YORNIN6TON.-11OHNINGTON r. NELLIMIXT.

His Honour gave judgment in these arras, which were
argued at great length in December and January last. The
substantul question to be decided was, whether by the true
construction of • deed the interest on oertaiu lia'bilities of
the late Earl of Morniugton should be paid out of a sum of
420,001., which was raised to discharge these liabilities,
or should be paid out of the rents and profits of the
estates to which the present earl has succeeded ; and his
Honour decided that the interest should come out of the
rents and profit..

COURT OF QUEEN'S BENCH.—Fzu. 20.
ittings at
_Nisi Priusst Otiil.ll2sll.7(l3efore the Lord

Chief Justice Cockburn and a Special Jury.)
HOWLS T. GREAT SHIP COWPANT (I.IWITIED.)

This was an action brought by Captain Ebenezer Howes
spinet the defendants, to recover 2771. 19s. 7d., in the
of royalty, for using his patent in fitting-op the rigging
of the Great Eastern steamship. The contention on the pert
of the ..posy Irulihat they were not retpoueihle, having
enteral into a contract with Mr. Scott Russell to fit up the
ship for • certain sum, and that if the plaintiff's patent was
adopted, it was used by that gentlemen upon his own autho-
rity in accordance with such contract, and that he alone was
liable for the claim now made for royalty.
Mr. Bovill and Mr. Watkin Williams appeared for the
plaintiff ; and Mr. Edwin James, Mr. Lush, and Mr. H.
Lloyd for the company.
After evidence had been adduced on both sides,
The Chief Justice said the case involved a nice question
of fact—namely, by whom was the plaintiff 's rig applied to
the ship ! Was it nod by Mr. Scott Russell as part of his
contract, so as to make him responsible, or was it extra
work done by him not in completion of his contract, but at
the suggestion and desire of the late Captain Harrison,
acting as the agent of the company ! If the jury were of
opinion that the work did not come within the contract, but
was directed to be done by the servant of the company on
their behalf, the jury would find a verdict for the plaintiff ;
but if they entertained a contrary opinion, and thought that
Mr. Scott Rummell had applied the patent to the ship upon
his
psown authority, they would return a verdict for the
comay„
The jury, after being locked up for a considerable time,
found •verdict for the defendants.

SEOOND COURT.
(Before Mr. Justice Blackburn and a Common Jury.)
NONTENO r. NORA AND ANOTHER.

This was as action on • bill of exchange, which the de-
fendant had given in payment for • mare which he had
purchased from the plaintiff.
Mr. Edwards was counsel for the plaintiff, and Mr.
Tindal Atkinson for the defendant. _

The case for the defence was that the mare was not
sound. as the plaintiff had warranted, and that he had,
therefore, been guilty of fraud.
The jury, during the examination of the defendant, inti-
mated that they were of opiaioe that there had been no
fraud, and returned a verdict for the plaintiff.

COURT OF RIOREQUICIL—Faa. 20.
Bitting at Nisi Prins at GuiMball—(Before Mr. Baron
Martin sad Common Juries.)

=MONS Y. THE ROUYN EASTERN RAILWAY COMPANY.-

lIRRACH or CONTRACT.

Mr. Man at and Mr. Jones were counsel for the plaintiff ;
Mr. Field and Mr. Coleman represented the defendants.

This was an action broneht by plaintiff, afarmer and hop
grower in Kent, against the South Eastern Railway Cou-
pefor a breach of contract in not having forwarded eight
eta of hope which he had consigned to them at the
pie Houseßailwayofilos to be forwarded to London mer-
chants, the plaintiff having by the delay lost the sale of the
hope.
The defence was a denial of the contract to send the
hope at any particular time, and that they informed the
plaintiff they would do so as soon as possible, which pro.
112114 they had redeemed.
His lordship having summed up, the jury found for the
plaintiff for 1001. damages, the learned lodge reserving leave
to move to reduce that amount to 501.

INSOLVENT DEBTORS COURT.—Fas. 20.
(Before Mr. Oommissioner Nichols.)
IX RE xTEPHEX SAMUEL COLEMAN.

This insolvent, clerk to the Chief Baron of the Court of
Exchequer, applied under ch. Protection Act, supported by
Mr. Sargood.
Mr. LISTIDOI appeared for some of the largest creditors,
and others attended in person.
Mr. Bargood applied, on the part of the insolvent, for en
adjournment alma months, the object being to arrange
with the creditors. A proposal had been filed under which
payment would be made in the meantime.
Lawrseee and several of the creditors consented to
the proposed adjournment. Two, however, whose debts
amounted to only 151., opposed the application.
A discussion took place. It appeared that the insolvent
had executed a trust deed in respect to his salary, which
had been signed by a number of ha creditors. It had, how-
ever, fallen through ; and in the proposal in this court
MK. a quarter was to be set aside.
The court considered the application a proper one, seeing
that 1,000/. of the creditors assented, and renewed the
protection to the 25th July.